Whangarei District Council
Notice of Meeting
A meeting of the Whangarei District Council will be held in the Council Chamber, Forum North,
Whangarei on:
Wednesday
26 August 2015
10.30 am
Committee
Her Worship the Mayor (Chairperson)
Cr S J Bell
Cr S J Bretherton
Cr C B Christie
Cr P A Cutforth
Cr S J Deeming
Cr S M Glen
Cr P R Halse
Cr C M Hermon
Cr G C Innes
Cr G M Martin
Cr B L McLachlan
Cr S L Morgan
Cr J D T Williamson
OPEN MEETING
APOLOGIES
CONFLICTS OF INTEREST
Members are reminded to indicate any items in which they might have a conflict of interest.
INDEX
Item No
Page No
1.
Public Forum .............................................................................................................................1
2.
Minutes of the Whangarei District Council Meeting held 22 July 2015 .....................................2
3.
Minutes of the Extra ordinary Whangarei District Council Meeting held
29 July .......................................................................................................................................6
4.
Confirmation of Minutes of the 20/20 Inner City Revitalisation Committee ............................12
5.
Delegations – General Safety Provisions as to Roads ...........................................................15
6.
Kea Place Walkway ................................................................................................................16
7.
Draft 20/20 Momentum ...........................................................................................................20
8.
Notice of Motion ......................................................................................................................33
9.
Opportunities for Commercial Activities Supporting Recreation within
William Fraser Memorial Park on Pohe Island ........................................................................45
PUBLIC EXCLUDED BUSINESS
Item No
Page No
C.1
Confidential Minutes of the Whangarei District Council Meeting held 22 July 2015 ................1
C.2
Presentation – Property Matter .................................................................................................4
C.3
Appointment ..............................................................................................................................5
C.4
Agreement Review ....................................................................................................................8
C.5
Property Matter .....................................................................................................................121
C.6
Property Matter .....................................................................................................................128
Local Government Act 2002 Amendment Act 2012
Full consideration has been given to the provisions of the Local Government Act 2002 Amendment Act 2012 in relation to
decision making and in particular the current and future needs of communities for good quality local infrastructure, local
public services and performance of regulatory functions in a way that is most cost effective for households and businesses.
Consideration has also been given to social, economic and cultural interests and the need to maintain and enhance the
quality of the environment in taking a sustainable development approach.
Recommendations contained in the Council agenda may not be the final decision of Council
Please refer to Council minutes for final resolution
1
1.
Public Forum
Reporting officer
C Brindle (Senior Meeting Co ordinator)
Date of meeting
26 August 2015
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement.
Public Forum
Public Forum
Appendix F in Standing Orders allows for a period of up to 15 minutes to be set aside for a public forum at
the commencement of each monthly council meeting.
The time allowed for each speaker is 5 minutes.
Members of the public who wish to participate should send a written application setting out the subject matter
and the names of the speakers to the Chief Executive at least 10 working days before the day of the
meeting.
Speakers
Time
Speaker
Subject
10.30 – 10.35am
Alan Lints (EDUCARE)
Creating jobs in the Whangarei District
Whangarei District Council
26 August 2015
2
2.
Minutes: Whangarei District Council
Wednesday, 22 July 2015
Minutes of a meeting of the Whangarei District Council held in the Council Chamber Forum North on
Wednesday 22 July 2015 at 10.30am
Present:
Her Worship the Mayor S L Mai (Chairperson)
Crs S J Bell, P A Cutforth, S J Deeming, S M Glen, P R Halse, C M Hermon, G M Martin, B L McLachlan,
S L Morgan and J D T Williamson
Apologies:
Crs S J Bretherton, C B Christie and G C Innes
Moved:
Cr Martin
Seconded: Cr Williamson
“That the apologies be sustained.”
CARRIED
In Attendance:
Chief Executive (R Forlong), Group Manager District Living (P Dell), Group Manager Infrastructure
(S Weston), Group Manager Positive Growth (J Thompson), Financial Controller (R Kerr), Governance
Manager (D Kula), Property Manager (M Hibbert), Legal Counsel (K Candy), Water Services Manager
(A Venmore), Executive Assistant (J Crocombe) and Senior Meeting Co-ordinator (C Brindle)
Cr Morgan opened the meeting with a karakia.
Item C.3 – Digital Registration of Interest
Moved:
Cr Cutforth
Seconded: Cr Morgan
“That Item C. 3 – Digital Registration on Interest be taken in open meeting.”
CARRIED
Item C.3 was taken after Item 3.
1.
Public Forum
Mr Allan George Lather scheduled to speak at public forum tendered his apologies advising he was
unable to attend due to circumstances beyond his control.
2.
Confirmation of Minutes of a Meeting of the Whangarei District Council
held on 24 June 2015
Moved:
Cr Morgan
Seconded: Cr Deeming
“That the minutes of the Whangarei District Council Meeting held on Wednesday 24 June 2015,
including the confidential section, having been circulated, be taken as read and now confirmed and
adopted as a true and correct record of proceedings of that meeting subject to Cr Deeming being
recorded as leaving the room for the signing of the Long Term Plan (refer Item 9 – Adoption of the
2015-2025 Long Term Plan .”
CARRIED
Whangarei District Council
26 August 2015
3
3.
Kotuku Dam Land Vestment
Moved:
Cr McLachlan
Seconded: Cr Deeming
“1.
That the following resolution of the Whangarei District Council adopted on 26 February 2014 be
rescinded:
“3.
In exercise of powers conferred on it by delegation under the Reserves Act 1977 the
Council authorises the exchange of all or parts of Local Purpose (esplanade) Reserves
described in the First Schedule for the land described in the Second Schedule.
North Auckland Land District – Whangarei District
First Schedule
Reserve to be Exchanged
2
Area m
2670
Lot 24 DP 13644.
1252 Part Lot 24 DP 136445, shown as Section 6 on SO 472207.
2915 Parts Lot 11 DP 109143, shown as Sections 2 and 4 SO 472207.
Descri
Second Schedule
Land to be Exchanged
Area m²
Description
758 Lot 9 DP 136446; all CFR NA80B/892.
1146 Lot 10 DP 136446; all CFR NA80B/893.
8570 Lot 3 DP 151239; all CFR NA90A/742.
1923 Part Lot 2 DP 151239; shown as Section 16 on SO 472207.
548 Part Lot 1 DP 151239; shown as Section 15 on SO 472207.
5127 Part Lot 6 DP 109143; shown as Section 13 on SO 472207.”
2.
And that Council resolves:
In exercise of powers conferred on it by delegation under the Reserves Act 1977 the Council
authorises the exchange of all or parts of Local Purpose (esplanade) Reserves described in the
First Schedule for the land described in the Second Schedule.
North Auckland Land District – Whangarei District
First Schedule
Reserve to be Exchanged (current WDC ownership)
Area m²
Description
2670
Lot 24 DP 136446. Pt CFR NA78D/221
632
Lot 2 DP 475087. Pt CFR NA31C/834
1252
Lot 6 DP 475087. Pt CFR NA78D/221
899
Lot 1 DP 480546. Pt CFR NA31C/834
Second Schedule
Land to be Exchanged (current NRC ownership)
Area m²
Description
8570
Lot 3 DP 151239; part CFR NA90A/742
5127
Lot 13 DP 475087; part CFR 61C/79
549*
Lot 15 DP 475087; part CFR NA90A/741
1923
Lot 16 DP 475087; part CFR NA90A/742.
* This figure was corrected from 548m2 to 549m2 as a result of the LINZ survey.”
Whangarei District Council
CARRIED
26 August 2015
4
C.3 Digital Registration of Interest - Support
Moved:
Cr Cutforth
Seconded: Cr Morgan
“That Council endorse the Registration of Interest – Support, as attached to the agenda report.”
CARRIED
Exclusion of the public
Moved:
Cr Martin
Seconded: Cr Glen
“That the public be excluded from the following parts of proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for
passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the
Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as
follows:
General subject of each matter to be
considered
Reason for passing this
resolution in relation to
each matter
Ground(s) under Section
48(1) for passing this
resolution
C.1
Confidential Minutes of the
Whangarei district Council
meeting held 24 June 2015
Section 48(1)(a)
C.2
Infrastructure Update
Good reason to withhold
information exists under
Section 7 Local Government
Official Information and
Meetings Act 1987
C.4
Lease
C.5
Property Transaction
C.6
Property Transaction
C.7
Infrastructure
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information
and Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of
that Act which would be prejudiced by the holding of the whole or the relevant part of the proceedings
of the meeting in public, are as follows:
Item
Grounds
C.1
For the reasons as stated in the open minutes
C.2
To protect information where making that information available
would be likely to unreasonably prejudice the commercial
position of those who are the subject of the information.
To enable Council to carry on without prejudice or
disadvantage negotiations
Section 7(2)(b)(ii)
Section 7(2)(i)
C.4,
C.5
C.6,
C.7
To enable the Council to carry on without prejudice or
disadvantage negotiations
Section 7(2)(i)
Section
CARRIED
Whangarei District Council
26 August 2015
5
The meeting closed at 12.17pm
th
Confirmed this 26 day of August 2015
S L Mai (Chairperson)
Whangarei District Council
26 August 2015
6
3.
Minutes: Extra-ordinary Whangarei District Council
Wednesday 29 July, Thursday 30 July and Monday
3 August 2015
Minutes of an Extra-ordinary Whangarei District Council meeting held in the Council Chamber, Forum North
on Wednesday 29 July at 12.30pm, Thursday 30 July at 9.00am and Monday 3 August 2015 at 11.00am
Present:
Her Worship the Mayor S L Mai
Crs S J Bell, S J Bretherton, C B Christie, P A Cutforth, S J Deeming, S M Glen, P R Halse, C M Hermon,
B L McLachlan, S L Morgan and J D T Williamson
Apologies:
Crs G C Innes and G M Martin (absent)
Moved:
Cr Glen
Seconded: Cr Morgan
“That the apologies be sustained.”
CARRIED
In Attendance:
Group Manager District Living (P Dell), Team Leader Environmental Health (R Mussle), Co ordinator Fleet
and Telecommunications (D du Toit), Executive Assistant (J Crocombe) and Senior Meeting Co ordinator
(C Brindle)
1.
Draft Local Alcohol Policy – Report on Public Submissions Received
Moved:
Cr Deeming
Seconded: Cr Morgan
“1.
That any submissions identified as being received after the close of the submission period (prior
to the closure of this meeting) be accepted for consideration by Council.
2.
That the Council receive the submissions relating to the Consultation for the draft Local Alcohol
Policy and hear from those submitters wishing to be heard.”
CARRIED
The submitters who were heard are listed as follows:
Sherry Carne
Ian McLelland
Johnny Seve – Ngati Hau Health & Social Services
Carol Peters – One Double Five Community House
Hannah Mitchell – Child Youth Friendly Whangarei
Dr Cheryl Bollen – Octane Youth Health
Brian Currie
Kevan Summerlee
Craig Shearer
Dr Roger Hindle
Justin Rogers – NZ Police
Vic Hill – Onerahi Hotel
Dr Nick Chamberlain – Northland DHB
Dr Kim Tito – Northland DHB
Whangarei District Council
26 August 2015
7
Dr Janine Whale – Northland DHB
Dr Vincent Newton – Northland DHB
Dr Clair Mills – Northland DHB
Dr Anil Shetty – Northland DHB.
Procedural motion
Moved:
Cr Williamson
Seconded: Cr Morgan
“That the meeting be adjourned and reconvened in the Council Chambers at 9.00am on Thursday
30 July 2015.”
CARRIED
A tea break was taken from 2.06pm to 2.17pm following the submission by Kevan Summerlee.
Cr McLachlan left the meeting at 3.52pm following the submission by Dr Kim Tito.
THE MEETING ADJOURNED AT 4.59 PM ON WEDNESDAY 29 JULY 2015 TO BE
RECONVENED AT 9.00 AM ON THURSDAY 30 JULY 2015 IN THE COUNCIL CHAMBERS,
RUST AVENUE, FORUM NORTH, WHANGAREI
Whangarei District Council
26 August 2015
8
THE MEETING RECONVENED AT 9.00 AM ON THURSDAY 30 JULY 2015 IN THE COUNCIL
CHAMBERS, RUST AVENUE, FORUM NORTH, WHANGAREI
Minutes of the reconvened Extra-ordinary Whangarei District Council meeting held in the Council Chamber,
Forum North on Wednesday 29 July at 12.30pm, Thursday 30 July at 9.00am and Monday 3 August 2015 at
11.00am
Present:
Her Worship the Mayor S L Mai
Crs S J Bell, P A Cutforth, S J Deeming (11.11am), S M Glen, P R Halse, C M Hermon, G Martin,
B L McLachlan, S L Morgan and J D T Williamson
Apologies:
Crs S J Bretherton, C B Christie and G C Innes and (absent)
Cr S J Deeming (late arrival/early departure)
Moved:
Cr Martin
Seconded: Cr Morgan
“That the apologies be sustained.”
CARRIED
In Attendance:
Group Manager District Living (P Dell), Team Leader Environmental Health (R Mussle), Maori Relationship
Manager (S Tipene), Co ordinator Fleet and Telecommunications (D du Toit), Executive Assistant (J
Crocombe) and Senior Meeting Co ordinator (C Brindle)
Submitters continued to address the council with regard to their written submissions and answer
questions from Councillors.
Gary Codlin
Margaret Walters
Peter Comrie
Fred Tito
Paul Doherty
Beverley Gailey – Whangarei Growers Market
Lois Slattery
Jill Davey – Hospitality New Zealand
Ronald Brewer
Lorraine Norris
Desmond Wallace – Bacio Bar
Huhana Lyndon – Te Huinga
James Walker & Phillipa Clifford – Progressive Enterprises
Dr Alistair Dunn
Glenys Currie – Raumanga Medical Centre
Ani Pitman – Onerahi Alcohol Harm Minimisation Group (Tabled petition – 1066 Signatories)
Janet Collecutt
Tracey Chapman – The Mill
Tracey Chapman – Independent Liquor
Jodie Findley-Harris – Tryphina House Whangarei Women’s Refuge
Graeme Cundy – Dickens Inn
Dr Vernon Reynolds – Northland DHB
Dr Mike Roberts (on behalf of Dr McLelland) – Northland DHB
Whangarei District Council
26 August 2015
9
Procedural motion
Moved:
Cr Martin
Seconded: Cr Morgan
“That the meeting be adjourned and reconvened in the Council Chambers at 11.00am on Monday
3 August.”
CARRIED
A tea break was taken from 10.19am to 10.40am following the submission from Lois Slattery.
Cr Deeming joined the meeting at 11.11am during the submission by Lorraine Norris.
A lunch break was taken from 12.02pm to 12.30pm following the submission by Huhana Lyndon.
Cr McLachlan rejoined the meeting at 12.41pm during the submission by James Walker & Phillipa
Clifford – Progressive Enterprises.
A break was taken from 12.13pm to 2.10pm following the submission by James Walker & Phillipa
Clifford.
Cr Deeming did not rejoin the meeting following the break.
Cr McLachlan left the meeting at 3.43pm following the submission by Jodie Findley-Harris.
A tea break was taken from 3.54pm to 4.13pm following the submission by Graeme Cundy.
THE MEETING ADJOURNED AT 4.50PM ON THURSDAY 30 JULY 2015 TO BE RECONVENED
AT 11.00AM ON MONDAY 3 AUGUST 2015 IN THE COUNCIL CHAMBERS, RUST AVENUE,
FORUM NORTH, WHANGAREI
Whangarei District Council
26 August 2015
10
THE MEETING RECONVENED AT 11.00 AM ON MONDAY 3 AUGUST 2015 IN THE COUNCIL
CHAMBERS, RUST AVENUE, FORUM NORTH, WHANGAREI
Minutes of the reconvened Extra-ordinary Whangarei District Council meeting held in the Council Chamber,
Forum North on Wednesday 29 July at 12.30pm, Thursday 30 July at 9.00am and Monday 3 August 2015 at
11.00am
Present:
Her Worship the Mayor S L Mai
Crs S J Bell, S J Bretherton, P A Cutforth, S M Glen, P R Halse, C M Hermon, B L McLachlan, S L Morgan
and J D T Williamson
Apologies:
Crs C B Christie, S J Deeming, G C Innes and G M Martin (absent)
Moved:
Cr Hermon
Seconded: Cr Morgan
“That the apologies be sustained.”
CARRIED
In Attendance:
Group Manager District Living (P Dell), Team Leader Environmental Health (R Mussle), Co ordinator Fleet
and Telecommunications (D du Toit), Executive Assistant (J Crocombe) and Senior Meeting Co ordinator
(C Brindle)
Submitters continued to address the council with regard to their written submissions and answer
questions from Councillors.
Dr John Berge
Jocelyn Apeldoorn
Hilary Noall
Cathy Bruce – Health Promotion Agency
Agnes Hermans
Ngaire Rae – Manaia PHO
Raj Singh – Alcohol Health Watch
Melanie Cross – Onerahi Resource Centre
Mary Wheatley
Nick Keene – Nicest Ltd & BSSC Ltd
John Nutall & Norman Curtis – Kamo Club Incorporated
Denise Kearns
Maurice Kearns
Tim Howard - Northland Urban Rural
Ngaire Rae & Tim Howard – Alcohol Action Tai Tokerau
Vic Hill – Grand Hotel
Angela Stolwerk.
A lunch break was taken from 12.20pm to 1.40pm following the submission by Nick Keene.
Cr McLachlan left the meeting at 3.04pm during the submission by Vic Hill.
Whangarei District Council
26 August 2015
11
The meeting closed at 3.29pm
th
Confirmed this 26 day of August 2015
S L Mai (Chairperson)
Whangarei District Council
26 August 2015
12
4.
Confirmation of Minutes of the 20/20 Inner City
Revitalisation Committee
Reporting officer
C Brindle (Senior Meeting Co ordinator)
Date of meeting
26 August 2015
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement.
Executive summary
The purpose of this report is to present the unconfirmed minutes of the 20/20 Inner City Revitalisation
Committee held 5 August for confirmation as a true and correct record. The Committee made no decisions
outside of their delegated authority therefore the minutes are presented for confirmation and adoption only.
Recommendation
That the minutes of the 20/20 Inner City Revitalisation Committee meeting held Wednesday 5 August 2015
having been circulated, be taken as read and now confirmed and adopted as a true and correct record of
proceedings of that meeting.
Attachment:
Minutes of the 20/20 Inner City Revitalisation Committee meeting 5 August 2015
Whangarei District Council
26 August 2015
13
4.
Minutes: 20/20 Inner City Revitalisation Committee
Wednesday 5 August 2015
Minutes of a meeting of the 20/20 Inner City Revitalisation Committee held in the Council Chamber Forum
North on Wednesday 5 August 2015 at 9.30am
Present:
Cr P R Halse (Chairperson)
Her Worship the Mayor S L Mai, Mike Kake and Crs C M Hermon and B L McLachlan
Apology:
Cr G C Innes
Moved:
Her Worship the Mayor
Seconded: Cr Hermon
“That the apology be sustained.”
CARRIED
Also present:
Crs S M Glen, S L Morgan and J D T Williamson
In Attendance:
Chief Executive (R Forlong), Group Manager Environment (P Dell), Group Manager Positive Growth
(J Thompson), Group Manager Infrastructure (S Weston), District Promotions and Tourism Manager
(P Davis), Property Manager (M Hibbert), Policy and Monitoring Manager (P Waanders), Team Leader
Futures Planning (K Grundy), Senior Landscape Architect (B Gilmour), Senior Roading Engineer (Traffic and
Parking) (N Marshall), Senior Strategic Planner (T Horton), Strategic Planner (H Shannon), State of the
Environment Co ordinator (J Wilson), Media Relations Adviser (A Midson) and Senior Meeting Co-ordinator
(C Brindle)
1.
Inner City Development Plan
Moved
Seconded
“1.
2.
Cr Halse
Cr McLachlan
That the report be received.
2.
That a meeting of a Working Group comprising members of the 20/20 Inner City
Revitalisation Committee and key staff be held within three weeks.
3.
That a Council Workshop to discuss the findings of the 20/20 Working Group be
convened in due course.”
CARRIED
Z Gas Station Site - Redevelopment
Moved
Seconded
Cr Hermon
Her Worship the Mayor
“1.
That the report be received.
2.
That staff prepare a draft layout for the site to accommodate the various uses and parking
requirements in consultation with the steering group.
3.
That staff liaise with the Growers Market on the appropriate mural.”
CARRIED
Whangarei District Council
26 August 2015
14
3.
Blue/Green Network Strategy
J Wilson and K Grundy provided the Committee with an update on the Blue/Green Network
strategy.
Moved
Seconded
Cr Hermon
Her Worship the Mayor
“That the report be received.”
CARRIED
4.
Entranceways to Whangarei
B Gilmour provided the Committee with an update on the ‘Entranceways to Whangarei’.
Moved
Seconded
Cr Hermon
Cr McLachlan
“That the report be received.”
CARRIED
5.
Walking and Cycling Update
Moved
Seconded
Cr McLachlan
Her Worship the Mayor
“That the information be received.”
CARRIED
The meeting closed at 10.57am
Confirmed this 26 th day of August 2015
P R Halse (Chairperson)
Whangarei District Council
26 August 2015
15
5.
Delegations – General Safety Provisions as to Roads
Reporting officer
Paul Dell (Group Manager District Living)
Date of meeting
26 August 2015
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement, as it relates to community safety.
Significance and Engagement
Having considered the Significance and Engagement Policy this proposal or decision is not considered
significant and the public will be informed via agenda publication on the website.
Background
Staff regularly deal with issues of wandering stock. In many cases the issues are easily resolved. However in
certain situations where landowners will not co-operate in either upgrading fences and ensuring gates are
kept closed, some form of legal action may be required.
Council currently has an ongoing problem of wandering stock occurring in the Mokau area. While the fences
have in many cases been repaired, an ongoing issue is gates being left open. This recently came to a head
when Council’s contractor was threatened when trying to close an open gate which he had closed earlier on
the same day during a routine inspection.
Discussion
Section 353 of the Local Government Act 1974 allows Council to take sufficient precautions for the general
safety of the public and traffic and workmen employed on or near any road.
This Section provides:
“353 General safety provisions as to roads
The council shall take all sufficient precautions for the general safety of the public and traffic and workmen
employed on or near any road, and in particular shall—
(a) take all reasonable precautions to prevent accidents during the construction or repair by the council
of any road, or when any opening is made therein by the council for the repair of drains or gas pipes
or for any other purpose, and require other persons doing such work to take such precautions, by
erecting barriers, devices to cause traffic to slow down, or fences across any such road or around any
dangerous place therein, or otherwise, and shall cause, and require other persons doing such work to
cause, any such dangerous place to be sufficiently lighted by night; and any person removing any
such protective work, or removing or extinguishing any such light, without the authority of the council,
commits an offence:
(b) require the owner or occupier of any land upon which there is any hole, well, excavation, or other
place dangerous to persons passing along any road forthwith to fill in, cover, or enclose the same:
(c) whenever the public safety or convenience renders it expedient, require the owner or occupier of any
land not separated from a road by a sufficient fence to enclose the same by a fence to the
satisfaction of the council.”
In particular, staff seek to use this power to deal with ongoing stock control issues and accordingly a
delegation as per the recommendation below is sought.
Recommendation
That Council delegate powers under Section 353 of the Local Government Act 1974 to the Group Manager
District Living, Group Manager Infrastructure and Services and the Roading Manager.
Whangarei District Council
26 August 2015
16
6.
Kea Place Walkway
Reporting officer
Robin Rawson (Group Planner, Infrastructure and Services)
Date of meeting
26 August 2015
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement as it responds to an issue affecting
the living environment of a local community.
Background
An accessway reserve (Lot 17 DP76601) located between 23 and 25 Kea Place, Woodhill provided a link
between Kea Place and undeveloped land to the north-west (Lot 1 DP434437). The subdivision of Lot 1 was
approved in 2012 (RC36692) and the subdivision layout did not include an extension to the walkway. As a
result, the accessway reserve now terminates in a future residential lot boundary (refer attachment).
2
The land was vested as an accessway reserve, has a width of less than 2 metres and an area of 63 m .
The owner of 25 Kea Place contacted Council regarding undesirable activity in the walkway including
littering, and asked if the walkway could be closed. Closing the walkway would not be consistent with the
purpose of the reserve under the Reserves Act, and the closed walkway would not be a useful Council asset.
In further discussions with the owner of 25 Kea Place, the owner said that they would be prepared to
purchase the walkway at a reasonable price if Council decided that it no longer needs this land.
The owners of the two other adjoining properties at 23 Kea Place and Lot 1 DP434437 have advised that
they have no interests in the accessway reserve (23 Kea Place in writing, and Lot 1 DP434437, verbally).
Significance and Engagement
A public consultation process under the Reserves Act would be required to either close off or dispose of the
walkway, and this would include a public notice under sections 24(2)(b) and 119 of the Reserves Act.
Further consultation would include advising iwi and neighbours of the proposal.
Council’s 1991 Policy: ‘Property – Sale of Reserve Land’ requires that Council informally present to the local
community a discussion document about disposal or closure of the reserve to the affected community.
Without an exit point, the walkway is now a narrow strip of land bounded by three properties, and possible
closure or disposal of the land has been discussed with the owners of the three adjoining properties who
would potentially be affected by the proposal.
Discussion and options
Option 1: Do nothing
The strip of land created as an accessway reserve does not have a public function without a connection to a
road or other public land to the northwest, and would only provide a useful access link to one property, Lot 1
DP434437. Without a process under the Reserves Act, the walkway cannot be closed, and is likely to attract
further undesirable activity such as littering and graffiti, requiring Council staff time and maintenance costs.
Option 2: Close the accessway reserve
Council could resolve to advertise a proposal under the Reserves Act to reclassify and close the accessway
reserve, however this land would have no alternative public use. Council would have an on-going
responsibility for land that serves no public purpose, with costs including maintenance, or alternatively staff
time to administer a lease to neighbours.
Option 3: Sell the accessway reserve
A reserve may be disposed of only after its reservation under the Reserves Act is revoked. Council as the
administering body of a reserve is able to initiate the process to revoke the reservation of that reserve.
Under section 24(2) of the Reserves Act, a local authority can resolve to revoke reserve status if it considers
that ‘for any reason, to be stated in the resolution, that the reservation of the whole or part of the land should
be revoked’.
Whangarei District Council
26 August 2015
17
The LGNZ guide to reserve revocation notes that the most common reasons for revocation and disposal are:



The land is surplus to Reserve Act requirements and any monies derived will provide a net benefit in
terms of the purposes of the Act;
The community benefit is better met by Council holding the land free of a Reserves Act Trust;
An exclusive right of use is held by one group in the community and that situation of public exclusion
is unlikely to change in the long term.
Reserve revocation process
Where reserve land is considered to be surplus to Reserve Act requirements, reserve status can be revoked
through the following process:






Council makes a resolution to initiate the revocation of the reserve, stating the reason for the
proposal;
A public notice is placed in the paper advising of Council’s intention to revoke the reserve status,
explaining the reasons and calling for objections within one month;
Neighbours and local iwi are consulted in the same time period;
If objections are received, Council will consider and hear these;
If any objections are not upheld, the submission to revoke reserve status is sent to the Department of
Conservation seeking their consent. If objections are upheld, the process stops;
Once approval is gained from the Department of Conservation, documents are lodged with Land
Information New Zealand (LINZ). A gazette notice is issued and the accessway amalgamated with
the adjoining site.
The process is expected to take up to 6 months.
The Senior Statutory Land Management Advisor at the Department of Conservation has advised that the
Department has no issues with a proposal to start a revocation process that would include public notification
and Iwi consultation.
It would be a requirement that should the reserve revocation be approved, that the title be amalgamated with
the adjoining site.
Costs
When Council Parks land is revoked and sold, it is expected that the purchaser pay all costs associated with
the revocation and valuation, and also pay the full market valuation of the land.
The accessway reserve has an area of 63m², and, if amalgamated with the title of 25 Kea Place would not
increase the development potential of this site. The land valuations of properties in the street are not
proportional to the area of land, and it is possible that the land may not increase the value of 25 Kea Place.
The owner of 25 Kea Place is prepared to pay for administration costs that would include land transfer costs,
legal costs and staff costs, but would not be prepared to pay for valuation and land costs. The land is a very
small parcel, and processing costs are likely to be in the order of several thousand dollars. This is an
unusual situation where a piece of Council reserve land has no public function, and would only be valuable
to an adjoining neighbour.
Summary
The accessway reserve at Kea Place is landlocked and does not provide a public access function. The
antisocial activities occurring within the reserve will continue to be a long-term liability to Council. Given that
the reserve does not provide a public function and is surplus to requirements, it is recommended that Council
invoke a process under the Reserves Act to uplift the reserve status over this land, and dispose of it to the
willing purchaser.
Whangarei District Council
26 August 2015
18
Recommendation
1. That the information be received.
2. That Council agree to the notification under sections 24(2)(b) and 119 of the Reserves Act of the
intention to uplift the reserve classification on Lot 17 DP76601 (accessway reserve) as it does not fulfil
its purpose as a reserve and is to be disposed off to the adjoining owner.
3. That Council appoints three Councillors, any two of whom will hear any objections received regarding
the revocation of Lot 17 DP76601.
4. That, if the revocation of this land is approved, Council agrees to the sale of the land at the cost value
of the process, including property services, staff time and legal costs.
Attachment:
Kea Place walkway
Whangarei District Council
26 August 2015
19
Attachment: Kea Place walkway
20
7.
Draft Whangarei 20/20 Momentum
Reporting officer
Paul Dell (Group Manager District Living)
Date of meeting
26 August 2015
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement as it outlines previous, current and
future projects that will add to the development of a vibrant, attractive and thriving District by meeting the
needs of the Community.
Significance and Engagement Policy
Having considered the Significance and Engagement Policy this matter or decision is not considered
significant as it is a draft proposal for further consideration through other processes and many of the projects
are already funded in the Long Term Plan (LTP).
Introduction
The development of the inner city and Town Basin has been guided by the vision presented in the original
20/20 document and then 20/20 Plus. The 20/20 document had a strong focus on infrastructure projects
such as the new bridge over the Hatea River, changes to the Dent Street road configuration, construction of
the five finger round about on Walton Street and the Colonial style buildings at the Town Basin.
20/20 Plus had a focus on improving the wider Town Basin environment with projects including the Canopy
Bridge, Heritage Trail, Art Park, Walton Street Boulevard improvement and improved Walk/Cycleways.
Although a number of iconic buildings were noted, none of those have yet been developed.
The Draft Whangarei 20/20 Momentum was initially developed in the last term of Council and then updated
by the current Council bringing together the six elements of:






Public Focus
Sustainable Future 30/50
Well Connected
Liveable Community
Environment
Culture and Heritage.
The draft is aligned to Council activity in the 2015-2025 Long Term Plan. However the various projects are
not only those funded by Council but include other projects such as a Hotel, Hihiaua Cultural Centre,
Hundertwasser Wairau Maori Arts Centre, mixed use and residential intensification which will be
predominantly funded by external partners.
The Council ‘workshopped’ the draft document but has not yet undertaken any wider consultation. The Draft
has now been updated to reflect a number of new projects and also highlights those projects that have been
completed as well as some future concepts.
Early consultation on this document will allow feedback on some significant issues such as the long term use
of the Forum North site, and possible options for location of the future Civic Centre.
It is proposed that the community be given two months to comment.
Recommendation
1.
That the report be received.
2.
That the draft document Whangarei 20/20 Momentum be adopted for release to the community for
comment.
Attachment:
Draft Whangarei 20/20 Momentum – Available as separate attachment
Whangarei District Council
26 August 2015
33
8.
Notice of Motion
Reporting officer
R Forlong (Chief Executive)
Date of meeting
26 August 2015
Vision, mission and values
This item is in accord with Council’s vision, mission, and values statement.
Notice of Motion
Notices of Motion must be in writing signed by the mover, stating the meeting at which it is proposed that the
notice of motion be considered, and must be delivered to the Chief Executive at least 5 clear working days
before such meeting.
Cr McLachlan has given notice in accordance with Standing Order 3.10.1 that he intends to move the
following motion:
“That Council request the Minister of Local Government implement a new approach
to the setting of remuneration for elected members.”
Staff Summary and supporting information
In support of the notice of motion Councillor McLachlan requested a brief staff summary of the process and
legislation for setting remuneration.
Background
Elected member Remuneration is set by Determination of the Remuneration Authority (the Authority). In
order to ensure independence the Authority’s decisions on remuneration are final.
The Local Government Elected Members (2015/16) (Certain Local Authorities) Determination 2015
(2015/175) was notified in the New Zealand Gazette on 9 July 2015, with remuneration included in the
Determination coming into effect on 01 July 2015.
Process for setting remuneration
In 2013 the Authority changed the processes for setting elected member remuneration, expenses and
allowances. Proposed changes were outlined in the paper titled ‘Local Authority Elected Member
Remuneration Setting 2013’ which was provided to Council at meetings in July and September 2013. The
process envisioned by the Authority is outlined in the attached document, Remuneration Setting for Local
Authorities.
In summary this process involves the Authority undertaking a job-sizing exercise with a cross section of
councils every three years (this exercise includes a survey assessing the hours required for governance and
representative activity). Results from the job sizing are then used in a review of base remuneration, with a
new council size index (derived from population size and council expenditure) set for each council. This
provides the foundation for basic remuneration for elected members and gives indicative amounts available
for positions with additional responsibilities (i.e. Deputy Mayor and Standing Committee Chairs).
The results of this review are provided to local government at the start of each election year. At that time,
each council is asked to make recommendations concerning extra remuneration for positions of additional
responsibility. Such recommendations, if accepted by the Authority, form the basis of the determination for
the period starting from the declaration of election results.
In the following two years, the Authority annually recalculates the size index for each council, and
automatically applies any increase that it considers warranted in a Determination which comes into effect on
1 July.
The provisions of relevant legislation provide for and guide this process.
Whangarei District Council
26 August 2015
34
Relevant legislation
The main Acts relating to remuneration for elected members are the Local Government Act 2002 (the LGA)
and the Remuneration Authority Act 1977 (the RMA).
Schedule 7 of the LGA provides for the Authority to set the remuneration, allowances and expenses of
mayors, and other elected members. Clause 6 enables the Authority to;

Set scales of salaries, allowances, ranges of remuneration, different forms of remuneration.

Prescribe rules for the application of those scales, ranges or different forms of remuneration.

Differentiate between individuals occupying equivalent positions in different, or in the same, local
authorities.

Set pay arrangements that apply to individuals or groups occupying equivalent positions.
The Authority sets the remuneration of elected local authority members on the basis of the criteria in
the RMA. Criteria include;

Fair relativity with comparable positions.

The need to be fair both to the individuals whose pay is being set, and to ratepayers.

The requirements of the job.

The need to recruit and retain competent individuals.

Any prevailing adverse economic conditions (which may lead the Authority to set remuneration at a
rate lower than might otherwise have been the case).
While many of these criteria are also included in the LGA, the LGA sets a further requirement for the
Authority to ‘minimise the potential for certain types of remuneration to distort behaviour’.
Attachment:
Remuneration Setting for Local Authorities
Whangarei District Council
26 August 2015
35
Remuneration Setting for Local
Authorities
1 The components of the remuneration of each council
At the beginning of each election year, the Remuneration Authority sets the base councillor
salary and the mayoral/chair remuneration (excluding reduction for the provision of a car) for
each council.
The base councillor salary and the mayoral/chair remuneration is based on the council’s si e
index, which will be derived from population si e and council expenditure (see section 3 for
more detail).
The relationship between councils’ si e indices and base councillor salaries, along with
mayoral/chair remuneration, is determined every three years, having regard to the job si e of
the positions of councillor, mayor, and chair (as assessed for sample
councils by ay roup). Regard is also given to the proportion of full-time work applicable to
the council (as determined by survey results) and Remuneration Authority pay scales.
The basic remuneration for each elected community board chair and for board members is
also set according to the si e of the population served by the community board.
Councils are invited to make representation to the Remuneration Authority for additional
remuneration for:
 community boards that have additional levels of responsibility
 councillor positions of responsibility (including Deputy Mayor).
The Remuneration Authority will set guidelines for these submissions (see sections 11 and
12).
2 The Remuneration Authority s process for regular review
Local government is changing rapidly, and the expectations and accountabilities of elected
officials are changing at the same speed. The Remuneration Authority believes regular full
reviews of amounts of work in the sector are needed. The Remuneration Authority therefore
intends to undertake a job-si ing exercise with a cross section of councils every three years.
The exercise will include a survey, and assess the hours required for governance and
representative activity.
Results from the survey and job si ing will then be used in a review of base remuneration,
with a new council si e index for each council. This will provide the foundation for basic
36
remuneration for councillors and give indicative amounts available for positions with
additional responsibilities.
The Remuneration Authority intends to undertake such a review approximately two years
after each election, with the results available to local government at the start of each election
year.
At that time, each council will be asked to make recommendations concerning extra
remuneration for positions of additional responsibility. Such recommendations, if accepted
by the Remuneration Authority, will form the basis of the determination for the period starting
from the declaration of election results.
In the following two years, the Remuneration Authority will annually recalculate the si e
index for each council, and automatically apply any increase that is warranted in a 1 uly
determination. When any mid-term changes might lead to a reduction in base remuneration
for councillors, the changes will not take place during the term of council, but will be part of
the next pre-election review.
3 Allocation for positions of additional responsibility
aving set the base remuneration of each elected official, the Remuneration Authority has
identified commonly required additional roles. It will provide guidelines for the allocation of
additional sums of money for those performing additional duties. See section 12 for further
discussion and Appendix A for draft guidelines.
The Remuneration Authority will also indicate the expected maximum from the total of the
additional amounts.
Where councils believe they have distributed duties to all councillors and thereby increased
the base responsibility of all councillors, they will need to justify their submissions before the
Remuneration Authority will increase the base remuneration for their councillors.
A similar approach will be taken for community boards, recognising that varying amounts of
responsibility are given to different community boards. See section 12 and Appendix A.
Removal of salary meeting fee mix
In moving to a base remuneration rate, the Remuneration Authority considered whether a
feature of the system should be the possibility of reducing the base rate to create a pool for
meeting fees.
It decided, however, that such an approach was inconsistent with the ‘rate for the job si e’
approach of the new system.
The Remuneration Authority considers that a councillor’s role is more than attending
meetings, and believes that idea should be reinforced, not undermined, by the remuneration
regime.
It also believes that having meeting fees puts another barrier in the way of ratepayers being
able to assess the real remuneration councillors receive.
Since 2013, the Remuneration Authority has not approved meeting fees for core council
business.
37
5 Council remuneration in election year
Consultation with councils will take place between anuary and April, and a determination
will be issued for the period from election day until 30 une. When they make the decision to
stand, elected members will therefore know exactly what the basic remuneration will be after
the election.
Councillors elected unopposed will experience no break in remuneration, but will revert from
any higher salary to the basic rate from election day.
Remuneration of members standing for election will end on the day before the election. If
they are re-elected, their basic remuneration will re-start on the day after election results are
officially confirmed.
For those members who are subsequently appointed to positions with additional
remuneration, that remuneration will apply from the date of their appointment.
Reconfirmation of remuneration after the election will not be required. No further
determination will be issued until 1 uly the following year unless the local authority seeks to
amend the extra amounts available for additional duties.
The process in nonelection years
In non-election years, the Remuneration Authority will:





re-assess each council’s si e index based on latest data
determine an increase reflecting any changes in CPI or general wage growth and
apply the increase to each council’s base remuneration for councillors, and mayor or
chair remuneration, calculated using the revised si e index
hold remuneration at the existing amounts until the next year, or next election, if the
reassessment results in a decrease in remuneration
adjust remuneration pro rata for positions with additional responsibilities to the
change in base remuneration for councillors, for that council
issue a determination including the updated rates.
It is possible that the Remuneration Authority could determine a general increase to adjust
for changes in CPI or general wage growth for mayors and chairs that is different from the
increase for councillors.
Councils will be able to review their structure, as in the past, but there will be no requirement
to do so.
Where a review is undertaken and change is recommended, the Remuneration Authority will
consider the new arrangements and issue an amending determination or consult further with
the council.
oading for unitary councils
Pools from which unitary councils fund councillors’ and community board members’
remuneration are calculated in the same way as those for territorial authorities. Then a
12.5 loading is applied, to recognise the wider responsibilities of unitary councils.
38
The Remuneration Authority will review the loading in the year preceding the 2016 council
elections.
Resource consent changes to District Plans hearings
The Remuneration Authority has decided to retain the current arrangements for resource
consent hearings. It will continue reviewing the hourly rate each year.
The Remuneration Authority is considering whether some recognition can be given to the
extra time that some councillors spend on some hearings for District Plan changes.
9 Approval of elected officials expense and reimbursement
policies
The Local overnment Act requires the Remuneration Authority to determine expenses and
allowances payable to elected members.
The Remuneration Authority requests each council to confirm or amend its expenses and
reimbursement policies at the same time as it is undertaking its pre-election review of basic
remuneration and the pool for additional responsibilities.
Councils are able to seek approval to change the policies at any time when new issues
arise.
The Remuneration Authority requires details of policies to be available for inspection by
ratepayers. Since all local authorities have websites, the Remuneration Authority considers
that details of expense policies should be published online.
10 Valuation of mayoral vehicle
The Remuneration Authority does not, at this time, intend to change the way in which the
value of private use of mayoral vehicles is calculated.
To reduce compliance costs for issuing amending determinations, the adjustment made
when the value of a vehicle changes applies from 1 uly each year, rather than at the time of
the change.
The Remuneration Authority reminds councils annually of this requirement as it prepares for
the annual determination.
The Remuneration Authority reserves the right to change its policy on adjustments to
remuneration caused by changes in vehicles if it feels the policy is grossly unfair to
ratepayers.
11 Community boards
Consistent with the approach for elected councillors, the Remuneration Authority sets a base
community board salary for each community board. The salary will be based on the
population the community board serves and will assume that each community board
member has similar basic responsibilities.
Appendix B gives an outline of the roles of community boards and community board chairs.
39
There is little delegated responsibility from council to community board in the base role, and
this is reflected in the base salary.
Depending on additional levels of responsibility, community board salaries may be approved
up to a set maximum percentage over the base. The maximum additional percentage is
likely to be about 30 .
The base salary for a community board chair will be twice the salary of a community board
member (after the addition of any extra for additional responsibilities), provided the chair is
carrying out the additional roles of the chair as set out in Appendix B.
If a deputy chair is appointed, then, depending on the role of the deputy, the salary for the
deputy chair will be up to 1.5 times that of a community board member.
Where a councillor is also appointed as a member or chair of a community board, the
maximum additional remuneration, if any, will be 50 of the community board role the
councillor takes up. The Remuneration Authority is aware that many councils do not pay
extra to councillors who are appointed to sit on community boards and will need to be
convinced that any extra remuneration for such appointments does not raise anomalous
situations for other councillors who may, for example, attend residents association meetings
without additional remuneration.
The Remuneration Authority will determine any additional remuneration for additional
responsibilities, or councillors appointed to community boards. Councils will need to make
recommendations and include details of positions and additional responsibilities to the
Remuneration Authority.
12 Positions of additional responsibility for councillors
The base salary for a councillor is meant to cover the basic role of a councillor, as set out in
Appendix C.
Possible descriptions of positions of additional responsibility (including Deputy Mayor) are
set out in Appendix D.
Following each election, each council will be invited to provide to the Remuneration Authority
its recommendations for positions of responsibility (including Deputy Mayor) setting out, for
each position:
1. the position title
2. a brief description of the main functions of the position
3. a note of any delegated authorities (including delegated authorities to speak on
behalf of the council)
4. a recommended percentage addition to the base salary for a councillor, to apply to
the position
5. any other information that might help the Remuneration Authority’s decision- making.
Positions of responsibility can include appointments to community boards.
As a guide, the Remuneration Authority would expect the recommended percentage addition
to the base salary for a councillor to be in the range of 5 to 15 , depending on the
functions of the position and the delegated authorities. It would expect the recommended
percentage addition for a Deputy Mayor to be in the range of 15 to 40 .
The Remuneration Authority would expect that total additional salaries for positions of
additional responsibility would not be greater than the base salary for a councillor, for that
council.
40
For each non-election year determination, the Remuneration Authority will, unless otherwise
advised by a council, assume that positions of responsibility are unchanged. It will apply the
same percentage additions to salary for the positions, based on the base salary for a
councillor that is determined that year.
Appendix A: Draft guidelines for additional responsibilities






Councillor positions of responsibility to attract between 5 and 15 addition to base
councillor salary
Deputy mayors may be paid up to an additional 40 of base councillor salary,
depending on levels of delegation – this maximum to apply regardless of any other
position of additional responsibility that may be held by the deputy mayor
The maximum total of additional salaries for additional responsibilities (including
those of Deputy Mayor) will be 100 of base councillor salary
Depending on additional levels of responsibility, community board salaries may be
approved up to 30 over the base
The base salary for a community board chair will be twice the salary of a community
board member (after the addition of any extra for additional responsibilities) provided
the chair is carrying out the additional roles of the chair as set out in Appendix B.
If a community board deputy chair is appointed then, depending on the role of the
deputy, the salary will be up to 1.5 times that of a community board member.
Appendix B: Community board members – Base role
description
Representation and advocacy








Representing and acting as an advocate for the interests of their community
Considering and reporting on all matters referred to them by the council, or any
matters of interest or concern to the community board
Communicating with community organisations and special-interest groups in the
community
Bringing the views of their community to the attention of council
Listening to the concerns of their community on issues pertaining to the community
board
Maintaining an overview of services provided by the council in the community, and
commenting on any services delivered by the parent council
Maintaining contact with various community representatives and other local
stakeholders
Championing causes which best relate to the interests of their community and
campaigning for the improvement of the quality of life in their community.
Governance



Participating constructively and effectively in the good governance of the community
board as a whole
nderstanding and ensuring that basic principles of good governance are a part of
the approach of the community board
nderstanding and respecting the differing roles of community board Chair and
community board members the roles of the parent council’s Mayor, Deputy Mayor,
committee chairs / portfolio holders and councillors and the very different roles of the
managers and staff of the parent council with whom the community board might work
41






Recognising that the governance role does not extend to operational matters or to
the management of any implementation.
aving a good understanding of the community board processes set out in the
Standing Orders that determine how community board meetings are run and how
decisions are made
Developing and maintaining a working knowledge of council services, management
processes, powers, duties and constraints
Ensuring familiarity with agendas and other community board reports before
meetings of the community board
Being familiar with and complying with the statutory requirements of a community
board member
Identifying, being aware of and declaring any potential personal conflicts of interest,
whether these are pecuniary or non-pecuniary.
Possible additional responsibilities of community board members:

ndertaking any other responsibilities that are delegated to them by the council or
are prescribed by Order in Council
 Preparing an annual submission to the council for expenditure within the community
 Participating in any relevant consultative processes with the local community and/or
other organisations
 Representing the views and position of the community board to external parties,
where delegated to do so, and with a clear understanding that only formal community
board decisions can commit the community board to any particular course of action
(and then only in matters where the community board is delegated to act)
 Participating, as needed, in the setting and monitoring of council policies, budgets,
strategies and service delivery through annual and long-term planning processes.
Additional responsibilities of Chairs











Chairing meetings of the community board
Representing the community board to a high standard in the areas of activity and
business delegated
Promoting and supporting good governance by the community board
Developing a clear understanding of the terms of reference of their community board,
and of the scope and range of delegations in order to carry out the role of community
board Chair
Ensuring sufficient familiarity with parent council’s Standing Orders and procedures
that they can chair community board meetings and any other sessions for
which they have responsibility
ndertaking sufficient preparation before the meetings they are chairing to allow
them to effectively carry out the role of Chair.
Ensuring meetings they chair operate within the powers delegated by the parent
council as set out in the parent council’s Delegation Manual
Managing the progress of business during meetings, including ensuring adherence to
the parent council’s Standing Orders and to other statutory obligations and
requirements
Ensuring that all participants in meetings have an opportunity to make an appropriate
contribution within the bounds of Standing Orders and due process
Maintaining and ensuring due order and decorum throughout meetings they chair
42





Commenting to the media (or other agencies) as the community board
spokesperson, where delegated/ authorised to do so, on issues that pertain to the
community board
Liaising with appropriate council staff in respect of the areas of delegated council
business for which the community board has responsibility
Providing leadership to the community board in helping form a consensus that is
representative of the community
Working closely with other members of the community board to ensure smooth
community board decision-making
eeping abreast of all issues facing the community board.
Appendix C: Councillor – Base role description
Collective duties of the council









Representing the interests of the council
Formulating the council’s strategic direction and relative priorities through the Long
Term Council Community Plan (LTCCP), which determines the services and
activities to be undertaken by council over a ten-year period
Determining the expenditure and funding requirements of council activities through
the LTCCP and annual planning processes
Overseeing, developing and/or approving all council policies, administrative, legal,
financial and strategic, including formal regional, city and/or district planning matters
within the council’s geographical area of responsibility
Monitoring the ongoing performance of council against its stated objectives and
policies (including formal sign-off of the Annual Report)
Ensuring prudent use of council resources
Law-making (bylaws)
Overseeing council compliance with any relevant Acts of Parliament
Employing, setting performance requirements for, and monitoring the ongoing
performance of the council’s Chief Executive. ( nder the Local overnment Act
2002, the local authority employs the Chief Executive who, in turn, employs all other
staff on its behalf – elected members of council have no responsibilities for, and
cannot direct, any staff employed by the council other than the Chief Executive.)
Representation and advocacy






Bringing the views of the community into council decision-making processes
Being an advocate for community groups and individuals at council meetings
Balancing the need to advocate for specific interests against the needs of the wider
community
Listening to the concerns of local residents and ratepayers on issues pertaining to
the council
Maintaining contact with community representatives and other local stakeholders
Participating in any relevant consultative processes with the local community and/or
other organisations.
Governance


Participating constructively and effectively in the good governance of the council as a
whole
nderstanding and ensuring that basic principles of good governance are a part of
the decision-making approach of the council
43









nderstanding and respecting the differing roles of Mayor (or Chair for a regional
council), Deputy Mayor, committee chairs/portfolio holders and councillors
Recognising that the governance role does not extend to operational matters or to
the management of any implementation
aving a good understanding of the council processes set out in the Standing Orders
that determine how council meetings are run
Developing and maintaining a working knowledge of council services, management
processes, powers, duties and constraints
Participating in the setting and monitoring of council policies, budgets, strategies and
service delivery through annual and long-term planning processes
Ensuring familiarity with agendas and other council reports before council meetings
Being familiar with and complying with the statutory requirements of an elected
councillor
Complying with the Code of Conduct adopted by the council
Identifying, being aware of and declaring any potential personal conflicts of interest,
whether of a pecuniary or non-pecuniary nature.
Appendix D: Additional responsibility – Role description
Committee Chair/Portfolio holder
Responsibilities in addition to those of a councillor:













Chairing meetings of the committees in the areas of council activity and business
within their area of responsibility
Representing the council to a high standard in the areas of council activity and
business within their area of responsibility, recognising that conduct in the role of
CC/P reflects on council as a whole
Promoting and supporting good governance by the council
Developing a clear understanding of the terms of reference of their committees, and
of the scope and range of the specific areas of council activities and business within
their area of responsibility to allow them to carry out their role as CC/P
Ensuring sufficient familiarity with council Standing Orders and procedures to be able
to chair council committee meetings and any other sessions of council for which they
have responsibility
ndertaking sufficient preparation before meetings they are chairing to effectively
carry out their role as CC/P
Ensuring any meetings they chair act within the powers delegated by the council as
set out in the council Delegation Manual
Managing the progress of business during meetings, including ensuring adherence to
the council Code of Conduct, Standing Orders and any other statutory obligations
and requirements
Ensuring that all meeting participants have an opportunity to make an appropriate
contribution within the bounds of Standing Orders and due process
Maintaining and ensuring due order and decorum throughout meetings they chair
Commenting to the media (or other agencies) as the council spokesperson on issues
arising that pertain to their committee or that are on the agenda in the areas of
council activity and business within their area of responsibility, but only if delegated to
do so by council
Liaising with appropriate council staff in respect of the areas of council activity and
business within the CC/P area of responsibility
Providing political leadership in building a political consensus around council issues
in the areas of council activity and business that are within their area of responsibility
44
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Recognising and contributing to issues that cut across specific areas of council
activity and business within the CC/P area of responsibility 2s or groups
Ensuring sufficient familiarity with council Standing Orders and procedures to be able
to deputise competently for the Mayor in chairing council meetings and other
sessions of council
Representing the council in various local, regional and/or national settings, both
formal and informal, as appropriate
Working closely with other elected members of council to ensure smooth council
decision-making
Ensuring sufficient familiarity with the processes and procedures of various civic
functions to be able to correctly follow the obligations of such civic functions in the
event of deputising for the Mayor, should that need arise.
45
9.
Opportunities for Commercial Activities Supporting
Recreation within William Fraser Memorial Park on Pohe
Island
Reporting officer
Paul McDonald, Parks and Recreation Manager.
Date of meeting
26 August 2015
Vision, mission and values
This item is in accord with Council’s vision, mission and values statement as the proposal seeks to facilitate
the provision of facilities that will enhance the public’s use and enjoyment of William Fraser Memorial Park
on Pohe Island, in accordance with the Reserve Management Plan for this area. This will further the
development of a vibrant and attractive environment that is a focal point for activity and social interaction, for
the enjoyment and well being of the community.
Executive Summary
This agenda seeks to inform councillors of potential options to progress the development of William Fraser
Memorial Park on Pohe Island by outlining options for the potential establishment of commercial activities
which would be conducive to the recreational use and enjoyment of the Park.
In order to achieve this, approval is sought to commence consultation with the community on commercial
activities in the Park, including the proposal by the Northland Rugby Union (NRU) to establish a cafe within
their new premises. The recommendation also proposes that Council invite Expressions of Interest from
other parties interested in operating a commercial activity within the Park.
Recognising the specific management issues applying to the reserve (including the need to manage the gas
risk), and any other relevant feedback that may arise from the consultation exercise, it is recommended that
staff prepare a guidance document on the management of commercial activities on the Park, which would
ultimately be incorporated into the Reserve Management Plan for the park at such time it is next reviewed.
Our recommendation is that further to consultation, staff will report back to Council on any feedback relating
to the NRU’s cafe proposal, any expressions of interest received, and a draft guidance policy to inform the
future management of commercial activities within William Fraser Memorial Park on Pohe Island.
Background
Increasing numbers of the community are utilising William Fraser Memorial Park on Pohe Island as a
destination for a variety of passive and active recreational activities. The Hatea Loop walkway generates a
significant level of activity, and the establishment and development of sporting facilities associated with BMX,
Football and Rugby are also contributing to growing levels of activity across different areas of the park.
The opportunity exists to consider ways in which commercial activities, such as the provision of food and
beverages (both mobile, ‘pop up’ and cafe facilities), and other commercial recreational activities (such as
sports equipment hire) can be facilitated in order to enhance recreational use and enjoyment, create a focal
point for activity and social interaction, and to generate activity levels throughout the park.
The William Fraser Memorial Park on Pohe Island Reserve Management Plan 2013 (RMP) recognises the
provision of appropriate commercial activities (being those that are ancillary to recreational use) are a
mechanism to support and enhance recreational activity. The RMP provides specific objectives, policies,
and actions relating to the type, intensity, scale and location of commercial activity that could potentially be
accommodated within the reserve.
There are currently no commercial activities being undertaken within the reserve. In order to seek feedback
from the community, scope opportunities for activities, and seek expressions of interest from interested
parties, this agenda item recommends that Council undertake a consultation exercise with existing
leaseholders and the community with a view to receiving feedback that would also be used to inform a
guidance policy document on the approval and management of commercial activities within the Reserve. It
is intended that such a policy would be incorporated into the Reserve Management Plan for William Fraser
Memorial Park on Pohe Island at such time it is next reviewed.
Whangarei District Council
26 August 2015
46
The Northland Rugby Union (NRU) have approached Whangarei District Council with a proposal to establish
a cafe within their recently consented clubroom facility (resource consent granted 2 June 2015). The
establishment of a cafe on Pohe Island is recognised and provided for under the RMP, however the RMP
suggests that the establishment of a cafe should be enabled further to consultation with the community, and
infers that only one cafe be provided within the Reserve. In accordance with the requirements of the RMP, it
is recommended that further public consultation with interested parties and the community occur before this
specific proposal can be endorsed by Council. As such, it is recommended that the consultation exercise
include reference to the proposal by NRU in order for any feedback on this proposal to be received and
considered by Council.
Statutory Context
The William Fraser Memorial Park on Pohe Island Reserve Management Plan 2013 (RMP)
The RMP for William Fraser Memorial Park was reviewed and adopted by Council in 2013, further to public
consultation. The RMP contains specific provisions to guide the future management and development of
Pohe Island as a recreation reserve, underpinned by the vision to provide a variety of predominantly passive,
marine and land-based recreational and sporting activities and programmes for the well-being and
enjoyment of the community. In order to achieve this vision, the RMP identifies a number of objectives,
policies and actions. The RMP acknowledges the potential role of commercial activities as a means of
enhancing the community’s recreational use and enjoyment of the reserve. Attachment 1 provides an
excerpt of all relevant objectives and policies relating to commercial activity on the reserve.
The Operative District Plan
Any application for a commercial activity within Pohe Island is also required to comply with the requirements
of the Operative District Plan. Chapter 46 of the plan contains provisions for the Open Space Environment.
Commercial activities are not permitted, unless they are in accordance with a Reserve Management Plan.
This chapter also contains additional rules relating to noise, parking, signage, and the scale of buildings.
Any building over 50m² in the Open Space Environment requires a resource consent application, in order to
preserve the open space amenity and character of the zone.
Hawkers, Mobile Shops, Stands and Stalls Bylaw 2015
The Hawkers, Mobile Shops, Stands and Stalls Bylaw 2015 authorises the issue of licences to the operators
of mobile or travelling shops and stands and stalls and requires they meet the requirements of the Health Act
1956 and any Regulations made under that Act. Any licence may be issued subject to such conditions as
the Chief Executive considers appropriate. The bylaw also prevents a licensee from operating within 300
metres of any shop (including any other mobile or travelling shop) that is lawfully open for the sale of similar
goods.
Opportunities for Commercial Activity within Pohe Island
The completion of the Hatea Loop Walkway and increasing popularity of the Dog Park has led to increasing
numbers of the community using William Fraser Memorial Park for a variety of passive and active
recreational activities. Observations of activity within the Hatea Loop Walkway (as cited within the Jewel of
the City Report) reported a 132% increase in use between 2014 and 2015, with over 7000 people per week
walking the 4.2km loop during the summer. Existing and developing sporting facilities associated with
football, rugby and BMX also attract many people to the reserve, and numbers associated with active
recreational use are likely to increase in the future as these activities, and others, become more established.
Other than occasional temporary activities such as the Circus or Rally of New Zealand event, there are
currently no commercial activities supporting recreation being undertaken from within the Reserve. Given
the high numbers of the community using the Hatea Loop, and desire to increase these numbers to create a
thriving activity node for activity and social interaction, opportunities to facilitate and encourage appropriate
commercial activities should be explored further in order to enhance the community’s use and enjoyment of
the reserve.
In accordance with the requirement under the RMP for any commercial activity to be ancillary to recreational
use, it is recommended that ways in which opportunities for the provision of food and beverages, and other
commercial recreational activities (such as sports equipment hire) can be facilitated within Pohe Island.
Potential opportunities are outlined below, however it is recognised that the market and consumer demand
will drive activities to a great extent.
Whangarei District Council
26 August 2015
47
Commercial Recreational Opportunities
A range of opportunities exists for small scale commercial activities to be located within William Fraser
Memorial Park, providing they are ancillary to recreational use. Appropriate forms of activity may include
(but are not restricted to) the hire of land based and watercraft equipment, including bicycles, scooters,
kayaks, stand up paddle boards, pedalos; and temporary commercial activities such as an ice skating rink,
waterslide and bouncy castles (which have located within the Town Basin over recent summers).
Mobile or Temporary Food and Beverage Vendors
Whilst the Town Basin offers refreshment opportunities, there is an absence of facilities on the northern side
of the loop walkway, throughout Pohe Island. Providing the opportunity for refreshments within Pohe Island
would not only enhance the enjoyment of the loop walking experience, but would also support the
experience of spectators and participants of organised sporting activities.
An opportunity exists for Pohe Island to become a relaxed outdoor eating destination. The mobile ‘food
truck’ industry is a fast growing trend in New Zealand (and overseas), as observed in the establishment of
popular outdoor eatery hubs served by a wide range of mobile food vendors, such as Silo Park on
Auckland’s waterfront. Pohe Island offers similar opportunities.
The use of temporary shipping containers to accommodate food vendors has also been identified as a
potential opportunity on Pohe Island. The RMP places emphasis on minimising the effects of built
development within the Reserve, seeking to limit new or additional buildings to a maximum gross floor area
of 50m². Whilst technically still a ‘building’ under the Operative District Plan, shipping containers offer
advantages as they are of small scale and form and easily relocated or removed, yet provide a temporary
facility that can be secured and fitted out for far less cost than a permanent building. If containers are
considered appropriate, areas for locating container or ‘pop up’ food retail could be identified within the
landscape development plan for the Reserve (currently under development).
Cafe Opportunity
The RMP provides for the establishment of a cafe within the Reserve, stating a ‘small cafe may be
considered at an appropriate location in the future although this would require consideration through a
resource consent process’. The RMP also states ‘Council will consider, as a lower priority, the possibility of
a cafe. This would be subject to resource consent, with provision made for public comment at that time’,
The RMP therefore infers that:
a) Only one cafe be located within the reserve, based on the need to minimise the effects of buildings and
maintain the open space amenity of the reserve; and
b) That a resource consent will be required, and that this process will provide for public comment. In fact,
whether a resource consent is notified is determined by Section 95A of the Resource Management Act
1991, which stipulates that an activity must be publicly notified if the activity will have, or is likely to
have, adverse effects on the environment that are ‘more than minor’. An activity generating minor or
less than minor effects would be considered on a non notified basis (subject to the approval to the
activity by Whangarei District Council Parks and Recreation Department as landowner of the Reserve).
An alternative interpretation of the RMP is that further public consultation should occur on the matter of
a cafe. However, if the purpose of this consultation is to identify the community’s viewpoint on their
desired location and form of a cafe within Pohe Island, this is a matter addressed more appropriately
outside of the resource consent process (the consent process is restricted to considering the
environmental effects of a specific proposal in a determined location, taking into account the
externalised effects of that particular activity).
Northland Rugby Union Cafe Proposal
The Northland Rugby Union (NRU) have approached Whangarei District Council’s Parks and Recreation
Department with a proposal to establish a cafe within their recently consented clubroom and office facility (as
per the plans contained within Attachment 2). A further resource consent application will be required to
authorise the operation of a cafe from this facility, however based on the intensity and scale of the activity, is
unlikely to be a publicly notified application (subject to assessment of effects). Their lease will also need to
be amended to provide for this activity.
Whangarei District Council
26 August 2015
48
The public cafe is proposed to be operated 7 days a week, year round, with hours of operation from 6am to
4pm Monday to Friday and 6am to 3pm over the weekend. The cafe within the clubroom building would
have a maximum gross floor area of 203m² (shared clubroom space), with potential for outdoor seating
areas on the deck and canopy area overlooking the playing fields. Any use of the building as clubrooms
would take precedent over the operation of the café. Signage associated with the café is proposed to be
limited to a small movable sign located on Riverside Drive and another sign on the building likely to be no
larger than 3m². It is intended that the general style of the café would be modelled around ‘Refuel’ café
which operates from Kensington Stadium.
As the cafe is proposed to be operated independently to rugby activities, preliminary discussions have
questioned whether the activity is consistent with the requirement under the RMP for commercial activities on
the reserve to be ‘ancillary to recreational use’. Initial concerns were raised that the cafe would not be
‘ancillary’ (i.e. providing necessary support to the primary activity) at such times when rugby activities were
not being undertaken (e.g. out of season). In the absence of rugby activities, the extent to which this part of
the site is used for passive recreation has been considered. At this point in time, this particular area of Pohe
Island is generally not used for passive recreation. However, future plans to develop further pedestrian
linkages and cycle tracks from the river edge throughout Pohe Island will likely increase passive recreational
activity levels to and within this side of the Reserve. The development of the vehicle access, car park and
toilet facilities associated with the NRU club rooms may also influence activity patterns, with people
potentially choosing to use this area as a base for their activities within the park. The establishment of a cafe
within this location is also likely to influence people’s decision in choosing to frequent this side of the reserve.
Therefore, taking into account the development of public access to this side of the reserve, future linkages,
and continually evolving activity patterns within the Park, it is considered that a cafe operated from the NRU
site may be considered ancillary to recreational use.
A further positive consideration is that the NRU cafe proposal utilises a building resource that was
recognised and provided for under the RMP, and therefore is in accordance with the intent of the RMP to
limit new or additional buildings on the Reserve.
Issues
A Cafe – who is awarded the opportunity and where should it be located?
At this point in time, one party (NRU) has approached Whangarei District Council with a proposal to locate a
cafe within the Reserve. If a single cafe is to be located within the Reserve, the issue of where the cafe
should be located, and the process for determining who should be awarded this opportunity, should be
determined further to obtaining feedback from the public and other interested parties (including existing
leaseholders on the Reserve). If the provision of more than one cafe is considered to be in accordance with
the overarching objectives and policies of the RMP (recognising that a cafe within the NRU facility does not
require the construction of additional buildings that have not been anticipated and provided for under the
RMP) there may be potential to consider further cafe proposals by other parties at a later date.
Hazard Management
The gas hazard over Pohe Island presents a health and safety risk that must be carefully managed in the
issue of licenses for commercial activities, and a specialised permit process for Pohe Island is likely to be
required to ensure commercial licensees are acutely aware of, and take appropriate steps to avoid and
minimise this risk, taking into account factors such as their location within the Park, the Hazard Area
Classification for that location, and potential ignition source. Further investigation is required in this area to
ensure licenses are granted only where risk can be demonstrated to be appropriately avoided or mitigated by
the operator, and to ensure the approval process communicates the vendor’s responsibilities in terms of
hazard management.
Management and Demand Issues
Commercial activities within the reserve will need to be managed in intensity, scale and location, in order to
ensure that the objectives and policies of the RMP are fulfilled. Whilst there is currently no demand for space
to occupy area for commercial activity within the Reserve, the increasing popularity of the park and potential
establishment of other commercial activities may give rise to increasing demand between providers to
occupy space, and this potential demand will need to be balanced against the needs of other reserve users.
A policy framework is likely to be required to determine how commercial activities will be approved and
managed on an ongoing basis (in terms of location, duration of lease, type of activity). The occupation of
space for commercial activities within the reserve also raises the issue of charging. Further investigation is
required to consider whether Council charges commercial operators to occupy space, how such a rate will
Whangarei District Council
26 August 2015
49
be calculated, and how any funds gathered will be managed (i.e. directed back into enhancing the reserve).
A policy document may be useful to provide guidance on these matters.
Significance and Engagement
The decisions or matters of this Agenda are not considered significant in accordance with the Council’s
Significance and Engagement Policy, as the level of public impact and/ or interest is not considered to be
‘major’, nor does it have a financial impact or an impact on Levels of Service. However, given the potential
public interest in this matter, and the direction under the Reserve Management Plan to undertake further
consultation in relation to the establishment of a cafe, it is recommended that further engagement with the
community takes place to seek feedback from the community who are users of this space, or have an
interest in the development of this area. This process would also be used to gather feedback on the NRU
cafe proposal, as well as serving to invite expressions of interest from other parties interested in operating a
commercial activity on the reserve.
The feedback process would be invited via standard communication channels, on the website, and
presented within an article through the Council News section of the newspaper. Existing leaseholders within
the Reserve and Iwi would receive direct communication.
Proposed Consultation Schedule for Inviting Feedback and Expressions of Interest for Commercial
Activities within Pohe Island, including NRU Café Proposal
Process
Proposed Timeframe
Inform the community via Council news and the website, and other
channels such as Facebook. Direct communication to be sent to
reserve tenants/leaseholders and Iwi.
September
Feedback and Expressions of Interest period.
September – October
Feedback and Expressions of Interest received and considered.
October
Draft Policy Document on Pohe Island Commercial Activities prepared.
October- November
Staff report back to Council with results of consultation exercise, a draft
policy document for consideration, and recommendation on NRU
proposal.
Council Meeting of November 25
Summary
The opportunity exists for Council to facilitate the establishment of appropriate forms of commercial activity
within William Fraser Memorial Park on Pohe Island, further to obtaining feedback and expressions of
interest from the community and interested parties via a consultation exercise. This exercise would also
inform the community of the proposal by NRU to establish a cafe on the Reserve, in order for any feedback
on this matter to be received and considered by Council.
A framework for approving and managing commercial activities is likely to be required to both facilitate and
encourage appropriate forms of commercial activity in specific locations, whilst providing clarity to
commercial providers on Council’s requirements for activities within the area, including measures to avoid,
remedy and mitigate the risks of the gas hazard. The information gathered within the feedback exercise will
be used in the formulation of a guidance document setting out requirements for the approval and
management of commercial activities within William Fraser Memorial Park on Pohe Island. It is intended that
any bridging policy developed for the reserve would ultimately be incorporated into the Reserve
Management Plan for William Fraser Memorial Park on Pohe Island at such time it is next reviewed.
Whangarei District Council
26 August 2015
50
Recommendation
1
That this report and attachments be received.
2
That Council invites feedback from the public and interested parties on commercial activities within
William Fraser Memorial Park on Pohe Island in general, and the cafe proposal presented by the
Northland Rugby Union.
3
That Council invite Expressions of Interest from parties interested in establishing and operating
commercial activities within William Fraser Memorial Park on Pohe Island.
4
That staff prepare a draft guidance document on the approval and management of commercial
activities within William Fraser Memorial Park on Pohe Island.
5
That staff report back to Council, in order for Council to make a recommendation on a Cafe proposal,
and consider a draft guidance policy for adoption.
Attachments:
1.
Excerpt of objectives and policies within the William Fraser Memorial Park on Pohe Island Reserve
Management Plan relating to commercial activity.
2.
Development plans of proposed Northland Rugby Union Clubrooms- including proposed Cafe space.
Whangarei District Council
26 August 2015
51
Excerpts from William Fraser Memorial Park on Pohe Island Reserve
Management Plan 2013 Relating to Commercial Activity
RMP Policy Reference
Policy
3.2 Objectives Recreation Access,
Use and Activities
To develop William Fraser Memorial Park on Pohe Island for a range
of appropriate land and water based passive and supporting active
recreational opportunities and activities for the use and enjoyment of
the public of all ages.
3.1 Concept Plan
The indicative Concept Plan provides an overview of how Pohe
Island can be developed in order to achieve the vision and objectives.
Area 2 is identified as an ‘Active Informal Recreation Area’ providing
for activities such as a circus, market or alternative entertainment
area.
5.6 Commercial Activities
William Fraser Memorial Park on Pohe Island will cater for activities
such as musicals, theatrical events such as Shakespeare in the Park,
bands, circus and markets. These activities may provide a revenue
source for further development of the site. Although the emphasis will
be on activities and uses that are not for profit, licenses may be
granted for mobile shops or stalls to sell food and drinks. Liquor
licenses may also be granted on occasion. Approved commercial
activities will be limited in number and frequency and will complement
the recreational uses of Pohe Island.
5.6.1 General
A small café may be considered at an appropriate location in the
future although this would require consideration through a resource
consent process.
5.7 Community Activities Buildings
Council would give consideration to the development of community
activity focussed facilities, to be constructed adjacent to other existing
buildings at the western end of the reserve and within Concept Plan –
Area 1.William Fraser Memorial Park on Pohe Island Reserve
Management Plan 2013
Activities occurring in such a building would be required to identify a
relationship to the site and it’s status as Recreation Reserve
(Reserves Act 1977), and to show how consideration has been given
to other reserve users and the public.
Such an activity may contain a commercial aspect.
Council will retain full discretion regarding the approval, or otherwise,
of any Community Activities Building
5.8 Objective – Recreation Access
and Use
5.9.6 Commercial Recreation
To develop William Fraser Memorial Park on Pohe Island for a range
of appropriate passive and supporting active recreational
opportunities and activities for the use and enjoyment of the public.
1
Community support and involvement in the development will
be encouraged and actively sought by Council Parks.
2
Council Parks will consult with neighbouring and affected
landowners on large development projects that may impact
on them.
3
Council will provide for distinct areas where required to
minimise conflict between active and passive recreational
activities.
4
Council will be responsive to the changing recreational needs
5.9 Policies and Actions
5.9.1 Use/ Activities - General
52
of the community.
5
Recreational access, opportunities and facilities will be
considered and provided for people with disabilities and
special needs as funding becomes available.
6
Council will provide safe sport and leisure equipment and
surfaces so as to comply with relevant health and safety
provisions including crime prevention through environmental
design (CPTED) and a safe playing environment in
accordance with the relevant NZ Standards of the time.
7
Council will take appropriate steps to minimise damage from
unauthorised and inappropriate activities.
8
All uses and activities will comply with the noise requirements
set out in the Whangarei District Plan.
9
Council will provide limitations on the hours of use and
access to certain activities that have the potential to cause
excessive noise that may adversely affect the amenity of
occupants of residential properties that neighbour the site.
10 Council will upgrade the water supply reticulation system and
the sewerage system to meet required standards as
development funding becomes available.
11 The carrying or use of firearms or any other offensive weapon
is prohibited.
12 Council may place temporary or permanent restrictions on
the consumption of alcohol within areas of the park.
5.9 Policies and Actions
1
Commercial use of the reserve will be ancillary to recreational
use.
2
Commercial uses and activities are required to comply with
relevant Council policies (e.g. ‘Leases on Reserves Policy’).
3
Leases, licences or permits issued to current and future user
groups and organisations will aim to maximise the
recreational and community use potential of the reserve, be
consistent with the ‘recreation reserve’ classification of the
land and be consistent with the vision and objectives of this
plan.
4
A lease, licence or permit will be required for all commercial
activities.
5
A bond for damages may be charged for commercial and
non-recreation events, as directed by Council’s Parks and
Recreation Manager.
6
Commercial mobile shops or stalls selling food, drinks or any
other goods are not permitted on the reserve unless with the
prior permission of Council.
7
Council may grant liquor licenses where this is appropriate to
the operation of the user groups, and the sale and
consumption of liquor are ancillary to a primary recreational
5.9.6 Commercial Recreation
2
53
use.
5.9.7 Community Activities
Buildings
8
Council will consider options for the future use of the existing
landfill entry kiosk, after it is no longer required for clean fill
operations.
9
Council will consider, as a lower priority, the possibility of a
café. This would be subject to resource consent, with
provision made for public comment at that time.
1
Council will give consideration to applications for community
activities buildings, that may or may not contain commercial
activities, provided that:
i.
ii.
Any building is to be located in Concept Plan – Area 1
A cultural and/or other relationship to the site can be
identified
Regard is shown for existing users and the public
A correlation can be shown with the purpose of a recreation
reserve, as identified at section 17 of the Reserves Act 1977.
iii.
iv.
2
Council retains the right to support or refuse any such
application and to undertake any public consultation
considered necessary (including as may be required by the
Reserves Act 1977) prior to determining the suitability of any
such building.
3
The policies relating to ‘Commercial Recreation’ (immediately
above) shall apply.
4
Buildings outside of the Community Based Activity Area
(Area 1 on concept plan), shall be removed should they no
longer be required.
3
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56
57
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RESOLUTION TO EXCLUDE THE PUBLIC
Move/Second
That the public be excluded from the following parts of proceedings of this meeting.
The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in
relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and
Meetings Act 1987 for the passing of this resolution are as follows:
General subject of each matter to be considered
Reason for passing this
resolution in relation to each
matter
Ground(s) under
Section 48(1) for
passing this resolution
C.1
Confidential Minutes of the Whangarei District
Council Meeting held 22 July 2015
Section 48(1)(a)
C.2
Presentation – Property Matter
Good reason to withhold information
exists under Section 7 Local
Government Official Information and
Meetings Act 1987
C.3
Appointment
C.4
Agreement Review
C.5
Property Matter
C.6
Property Matter
This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and Meetings Act
1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by
the holding of the whole or the relevant part of the proceedings of the meeting in public, are as follows:
Item
Grounds
Section
C.1
For the reasons as stated in the open minutes
C.2
To enable the Council to carry on without prejudice or disadvantage
negotiations
Section 7(2)(i)
C.3
To protect the privacy of natural persons
Section 7(2)(a)
C.4
To enable the Council to carry on without prejudice or disadvantage
commercial activities
Section 7(2)(h)
C.5
To enable the Council to carry on without prejudice or disadvantage
negotiations
Section 7(2)(i)
C.6
To enable the Council to carry on without prejudice or disadvantage
negotiations
Section 7(2)(i)
Resolution to allow members of the public to remain
If the council/committee wishes members of the public to remain during discussion of confidential items the following
additional recommendation will need to be passed:
Move/Second
“That
be permitted to remain at this meeting, after the public has been
excluded, because of his/her/their knowledge of Item
.
This knowledge, which will be of assistance in relation to the matter to be discussed, is relevant to that matter because
Note: Every resolution to exclude the public shall be put at a time when the meeting is open to the public.