5 May 2017
Memo to: Mayor
and Councillors
Memo
from: Administration Advisers
Subject: Sports and Recreation
Committee – 9 May 2017
– LATE ITEM
7. Late
Item: Network Tasman Easement - Highview Reserve 2 - 7
Document
R7664
A report
titled Network Tasman Easement - Highview Reserve is attached to be considered
as a major late item at this meeting.
Section
46A(1)-(6) of the Local Government Official Information and Meetings Act 1987
and Standing Order 2.15.8 require that agendas are distributed with the
associated reports. As this report was not distributed with the agenda
for this meeting, it must be treated as a major late item to be considered at
this meeting.
In accordance
with section 46A(7) of the Local Government Official Information and Meetings
Act 1987 and Standing Order 3.7.5, a procedural resolution is required before a
major item that is not on the agenda for the meeting may be dealt with.
In accordance
with section 46A(7)(b)(i) the reason why the item was not on the agenda is
because it came to hand after the agenda had been distributed.
In accordance
with section 46A(7)(b)(ii) the reason why discussion of this item cannot be
delayed until a subsequent meeting is because a resolution on the matter is
required before the next scheduled meeting of the Sports and Recreation
Committee to enable a timely decision to be made.
Recommendation
That the Committee
Considers the item regarding
Network Tasman Easement - Highview Reserve at this meeting as a major item not
on the agenda, pursuant to Section 46A(7)(a) of the Local Government Official
Information and Meetings Act 1987, to enable a timely decision to be made.
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Sports and Recreation Committee
9 May 2017
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REPORT R7664
Network
Tasman Easement - Highview Reserve
1. Purpose
of Report
1.1 To
approve an easement for electrical purposes to Network Tasman Limited over the
Council administered Highview Reserve (section shown on the plan) refer to
Attachment One (A1755625).
2. Recommendation
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That the Committee
Receives the report Network
Tasman Easement - Highview Reserve (R7664)
and its attachments (A1755625 and A1755616).
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Recommendation to Council
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That the
Council
Grants
the easement in gross, meaning granting the easement to Network Tasman
Limited rather than to property, in favour of Network Tasman Limited over the
area shown on the plan marked “V” (A1755616) of the Highview
Reserve with all legal costs associated with the easements over Highview
Reserve to be met by KB Quarries Limited; and
Confirms
the easements be agreed to under section 48(1) (d) of the Reserves Act 1977,
acting pursuant to a delegation from the Minister of Conservation.
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3. Discussion
3.1 Network
Tasman Limited requested an easement over part of Highview Reserve at 4 May
2017 Council meeting, which was approved.
3.2 Network
Tasman Limited has now approached KB Quarries Limited and requested they also
have the easement over area “V” obtained from Nelson City Council
for their development.
3.3 Area
“V” was already shown on the plan as an existing easement, however,
Network Tasman Limited have now realised that the formal documentation for area
“V” was never completed in a previous subdivision.
3.4 The
proposed easement is for works underground and aboveground.
3.5 This
easement is requested as a temporary easement and will remain in place for a
maximum of 10 years, after which all lines will be removed from this easement
area and the easement surrendered.
3.6 The
Highview Reserve is not likely to be materially altered or permanently damaged
and the rights of the public in respect of the reserve are not likely to be
permanently affected. This wording is the requirement set out in section
48(3) of the Reserves Act 1977.
3.7 As
the cables and infrastructure are proposed to assist a development it is
proposed that KB Quarries Limited meet all costs associated with the easement.
Legislation
3.8 As
the Network Tasman Limited infrastructure is located on Council administered
reserve land, the easement is required to formalise its occupation of the
land. The Reserves Act 1977 confers on Council the ability to grant an
easement if it is for one of the specified purposes in section 48(1) of the Reserves
Act 1977. Council, as the administering body, may grant an easement for
the purpose of an electrical installations or work. Easements on reserve
land require consent from Council under section 48(1)(d) by passing a formal
Council resolution.
3.9 Where
the reserve is not likely to be materially altered or permanently damaged; and
the rights of the public in respect of the reserve are not likely to be
permanently affected then public notice is not required under the Reserves Act
1977.
4. Options
4.1 The
options are either to grant the easement (preferred option) or to not grant the
easement.
4.2 Granting
the easement enables Council to formalise the access to Network Tasman Limited
across Highview Reserve.
4.3 If
the easement is not granted then Network Tasman Limited will not liven their
cables or provide electricity over this area.
5. Conclusion
5.1 Approval
of the easement in gross (granting right to Network Tasman Limited rather than
a property) to Network Tasman Limited to convey electricity, telecommunications
and computer media located in the Highview Reserve enables Council to formalise
access to Network Tasman Limited and ensures security of electricity supply for
the future development on Highview Drive.
Alison
Millard
Property
Legal Executive
Attachments
Attachment 1: A1755625
- Approximate area highlighted yellow where easements will run ⇩
Attachment 2: A1755616
- Plan showing easement area V on Highview Reserve ⇩
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Important
considerations for decision making
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1. Fit
with Purpose of Local Government
This decision facilitates supply of electricity
infrastructure to the Nelson community.
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2. Consistency
with Community Outcomes and Council Policy
The recommendation supports the community outcome
“Our infrastructure is efficient, cost effective and meets current and
future needs.”
The recommendation fits with Goal Nine of Nelson
Nature – everyone in our community has their essential needs met.
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3. Risk
There is low risk of adverse consequences.
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4. Financial
impact
Costs for electricity easement over Highview Reserve
are being met by the requesting party.
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5. Degree
of significance and level of engagement
This matter is of low significance because it does
not materially affect or impact the public or Council’s use of the
reserves. No consultation or public notification is required under
section 48(2) of the Reserves Act 1977 because this easement proposal meets
the criteria of sections 48(3)(a) and 48(3)(b) of the Reserves Act 1977;
Section 48(3)(a) the reserve is vested in an
administering body and is not likely to be materially altered or permanently
damaged; and
Section 48(3)(b) the rights of the public in
respect of the reserve are not likely to be permanently affected.
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6. Inclusion
of Māori in the decision making process
No consultation with Maori has taken place.
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7. Delegations
The Sports and Recreation Committee has the
responsibility for considering parks and reserves including the acquisition,
lease, sale or disposal, maintenance, management or development of any land
or buildings. The Sports and Recreation Committee has the power to make a
recommendation to Council on this matter, and under the Reserves Act 1977
this is a decision for full Council.
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