Agenda of Sports and Recreation Committee

N-logotype-black-wide Sports and Recreation Committee

4 July 2017

Page No.

1. Apologies

1.1 An apology has been received from Her Worship the Mayor Rachel Reese

2. Confirmation of Order of Business

3. Interests

3.1 Updates to the Interests Register

3.2 Identify any conflicts of interest in the agenda

4. Public Forum

5. Confirmation of Minutes

5.1 30 May 2017 8 - 13

Document number M2624

Recommendation

That the Committee

Confirms the minutes of the meeting of the Committee, held on 30 May 2017, as a true and correct record.

6. Status Report - Sports and Recreation Committee - 4 July 2017 14 - 15

Document number R8000

Recommendation

That the Committee

Receives the Status Report Sports and Recreation Committee 4 July 2017 (R8000) and its attachment (A1664423).

7. Chairperson's Report

Recreation and Leisure

8. Reserve Management Plan for Sportsground Reserves - Classification of Land 16 - 30

Document number R7682

Recommendation

That the Committee

Receives the report Reserve Management Plan for Sportsground Reserves - Classification of Land (R7682) and its attachments (A1762264, A1779184, A1779126 and A1779218).

Recommendation to Council

That the Council

Classifies Ngawhatu Sportsfield (being titles NL13A/170, 24172 and 24173) under s16(2A)(g) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act; and

Classifies Victory Square (being title NL2D/352) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and

Classifies part of Botanics Sportsfield (being title NL127/106) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and

Classifies Greenmeadows (being title NL114/188) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act and Local Purpose (Community Purposes) Reserve under s23 of that Act as set out in Attachment One (A1762264), noting that a survey plan will be prepared before the notice is placed in the Gazette; and

Determines that, under s16(5) of the Reserves Act 1977, public notice seeking feedback on the proposed classifications of Victory Square, Botanics Sportsfield and Greenmeadows is not necessary as the classifications proposed are substantially the same as the purpose for which the reserves were held and administered immediately before the commencement of the Reserves Act 1977; and

Delegates the Chair of the Sports and Recreation Committee to approve the survey plan for the proposed classification for Greenmeadows; and

Delegates the Chief Executive to take the steps necessary to prepare and place notices in the Gazette in order to classify Botanics Sportsfield (being title NL127/106), Victory Square (being title NL2D/352) and Greenmeadows (being title NL114/188) and to give notice of the resolution to classify Ngawhatu Sportsfield (being titles NL13A/170, 24172 and 24173) to the Commissioner at the Department of Conservation.

9. Brook Mountain Bike Hub Location 31 - 50

Document number R7804

Recommendation

That the Committee

Receives the report Brook Mountain Bike Hub Location (R7804); and its attachments A1759468, and A1775817;

Approves, subject to the resource consent process, the site for the Brook Mountain Bike Hub at Andrews Farm shown as Site A on Attachment 2 Brook MTB Hub Plan A1775817 as per Report 7804, with approximately thirty carparks, a toilet and wash down facility together with access to a parking area on the ex-logging skid site shown as Site B on Attachment 2 Brook MTB Hub Plan A1775817.

10. Network Tasman Easement - Greenmeadows Reserve 51 - 55

Document number R7940

Recommendation

That the Committee

Receives the report Network Tasman Easement - Greenmeadows Reserve (R7940) and its attachment (A1776981).

Recommendation to Council

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 Plan “A” Attachment One (A1776981) of the Greenmeadows Reserve with all legal costs associated with the easement over Greenmeadows Reserve to be met by Nelson City Council as the property owner benefitted by the easement.

Confirms the easement be agreed under section 48(1) (d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

Public Excluded Business

11. Exclusion of the Public

Recommendation

That the Committee

Excludes the public from the following parts of the 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:

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Sports and Recreation Committee Meeting - Public Excluded Minutes - 30 May 2017	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
2	Status Report - Sports and Recreation- Public Excluded - 4 July 2017	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(h) To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Sports and Recreation Committee Meeting - Public Excluded Minutes - 30 May 2017

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.

The withholding of the information is necessary:

· Section 7(2)(i)

To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).

Status Report - Sports and Recreation- Public Excluded - 4 July 2017

Section 48(1)(a)

The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7

The withholding of the information is necessary:

· Section 7(2)(h)

To enable the local authority to carry out, without prejudice or disadvantage, commercial activities

12. Re-admittance of the public

Recommendation

That the Committee

Re-admits the public to the meeting.

Note:

· This meeting is followed by a Workshop and is expected to continue beyond lunchtime. (delete as appropriate)

· Lunch will be provided at 12.30pm. (delete as appropriate)

· Youth Councillors Annie Tonks and Fynn Sawyer will be in attendance at this meeting. (delete as appropriate)

Minutes of a meeting of the Sports and Recreation Committee

Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson

On Tuesday 30 May 2017, commencing at 9.04am

Present: Councillor T Skinner (Chairperson), Her Worship the Mayor R Reese, Councillors I Barker, M Courtney, K Fulton, M Rutledge (Deputy Chairperson) and S Walker

In Attendance: Councillor P Matheson, Chief Executive (C Hadley), Group Manager Infrastructure (A Louverdis), , Group Manager Community Services (C Ward), Manager Communications (P Shattock), Administration Adviser (E-J Ruthven) and Youth Councillor (J Ripley)

Apology: Councillor B McGurk

1. Apologies

Resolved SPO/2017/048

That the Committee

Receives and accepts an apology from Councillor McGurk.

Fulton/Walker Carried

2. Confirmation of Order of Business

There was no change to the order of business.

3. Interests

There were no updates to the Interests Register, and no interests with items on the agenda were declared.

4. Public Forum

There was no public forum.

5. Confirmation of Minutes

5.1 4 April 2017

Document number M2475, agenda pages 7 - 12 refer.

Resolved SPO/2017/049

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 4 April 2017, as a true and correct record.

Courtney/Barker Carried

5.2 9 May 2017

Document number M2566, agenda pages 13 - 16 refer.

Resolved SPO/2017/050

That the Committee

Confirms the minutes of the meeting of the Sports and Recreation Committee, held on 9 May 2017, as a true and correct record.

Barker/Courtney Carried

6. Status Report - Sports and Recreation - 30 May 2017

Document number R7762, agenda pages 17 - 19 refer.

Resolved SPO/2017/051

That the Committee

Receives the Status Report Sports and Recreation Committee 30 May 2017 (R7762) and its attachment (A1664423).

Walker/Rutledge Carried

7. Chairperson's Report

The Chairperson drew the Committee’s attention to the upcoming Founder’s Book Fair.

Recreation and Leisure

5. Brook Valley Holiday Park Opening - Review

Document number R7266, agenda pages 20 - 25 refer.

Team Leader Facilities, Gary Alsop, presented the report, and answered questions along with Group Manager Infrastructure, Alec Louverdis, and Group Manager Community Services, Chris Ward.

Her Worship the Mayor, seconded by Councillor Rutledge, moved the recommendation in the officer report.

Point of order: A point of order was raised that an item not before the committee was being discussed. The Chairperson upheld the point of order.

Resolved SPO/2017/052

That the Committee

Receives the report Brook Valley Holiday Park Opening - Review (R7266) and its attachment (A1753220); and

Refers the report to the Commercial Subcommittee for the inclusion in the campground review.

Her Worship the Mayor/Rutledge Carried

6. Waahi Taakaro Golf Course feedback on proposed fee changes

Document number R6977, agenda pages 26 - 32 refer.

Group Manager Community Services, Chris Ward, presented the report and responded to questions.

Resolved SPO/2017/053

That the Committee

Receives the report Waahi Taakaro Golf Course feedback on proposed fee changes (R6977) and its attachments (A1713597, A1729043, A1706796 and R4513).

Walker/Fulton Carried

Resolved SPO/2017/054

That the Committee

Notes the feedback received from golf course users (A1706796); and

Confirms that no changes to the existing fees and charges structure for Waahi Taakaro Golf Course be made for the 2017/18 year.

Barker/Rutledge Carried

7. Capital Expenditure Programme 2016-17 - Requests for change

Document number R6968, agenda pages 60 - 63 refer.

Group Manager Infrastructure, Alec Louverdis, presented the report and responded to questions.

Attendance: The meeting adjourned for morning tea from 10.32am to 10.55am.

Resolved SPO/2017/055

That the Committee

Receives the report Capital Expenditure Programme 2016-17 - Requests for change (R6968).

Rutledge/Barker Carried

Recommendation to Council SPO/2017/056

That the Council

Approves, with respect to project 2909 Queens Gardens toilet, that $187,403 of current year budget be transferred to 2017-18 to align with the updated construction phasing; and

Approves, with respect to projects 2799 Tahuna Reserve Development fund, 1063 Reserve Development, and 2294 Rutherford Play Space, that $50,381 from current year budgets is released as savings; and

Approves, with respect to project 3110 Marsden Valley Mountain Bike track stage one, that $34,500 from current year budget be transferred to 2017-18; and

Approves, with respect to project 3111 The Brook Mountain Bike Hub, that $30,000 from current year budget be transferred to 2017-18; and

Notes that updated officer advice on resourcing, timing and funding of projects will be confirmed at the Council meeting at which this recommendation is considered.

Rutledge/Barker Carried

8. Exclusion of the Public

Resolved SPO/2017/057

That the Committee

Excludes the public from the following parts of the proceedings of this meeting.

Courtney/Fulton Carried

Item	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interests protected (where applicable)
1	Sports and Recreation Committee Meeting - Public Excluded Minutes - 4 April 2017	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7.	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations).
2	Status Report - Sports and Recreation - Public Excluded - 30 May 2017	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
3	Community Leases - Omnibus Report	Section 48(1)(a) The public conduct of this matter would be likely to result in disclosure of information for which good reason exists under section 7	The withholding of the information is necessary: · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

The meeting went into public excluded session at 10.59am and resumed in public session at 11.21am.

9. Re-admittance of the Public

Resolved SPO/2017/058

That the Committee

Re-admits the public to the meeting.

Rutledge/Barker Carried

There being no further business the meeting ended at 11.21am.

Confirmed as a correct record of proceedings:

Chairperson Date

Sports and Recreation Committee

4 July 2017

REPORT R7682

Reserve Management Plan for Sportsground Reserves - Classification of Land

1. Purpose of Report

1.1 To classify Ngawhatu Sportsfield, Victory Square, Botanics Sportsfield, and Greenmeadows under the Reserves Act 1977 to enable Council to prepare a Reserve Management Plan for Sportsground Reserves.

2. Summary

2.1 Council is preparing a Reserve Management Plan (RMP) for Sportsground Reserves. Some, but not all, of the reserves covered by the RMP are subject to the Reserves Act 1977.

2.2 Reserves subject to the Reserves Act 1977 need to be classified for their primary purpose prior to a draft RMP being notified for public consultation. This report sets out the classification approach recommended for each of the reserves that are required to be classified.

3. Recommendation

That the Committee

Receives the report Reserve Management Plan for Sportsground Reserves - Classification of Land (R7682) and its attachments (A1762264, A1779184, A1779126 and A1779218);

Recommendation to Council

That the Council

Classifies Ngawhatu Sportsfield (being titles NL13A/170, 24172 and 24173) under s16(2A)(g) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act; and

Classifies Victory Square (being title NL2D/352) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and

Classifies part of Botanics Sportsfield (being title NL127/106) under s16(1) of the Reserves Act 1977 as Recreation Reserve under s17 of that Act by notice in the Gazette; and

Delegates the Chair of the Sports and Recreation Committee to approve the survey plan for the proposed classification for Greenmeadows; and

4. Background

4.1 On 23 July 2015, Council approved that a Reserve Management Plan (RMP) be developed for the Sportsground Reserves of Botanics Sportsfield, Guppy Park, Greenmeadows, Maitai Cricket Ground, Marsden Recreation Reserve, Neale Park, Ngawhatu Sportsfield, Victory Square and Waahi Taakaro Golf Course.

4.2 Officers commenced the process to prepare this draft RMP following section 41 of the Reserves Act 1977. Preparation of a draft RMP involves notifying the public of the intent to prepare a RMP and inviting written suggestions, preparing a draft RMP, publicly notifying the draft RMP and seeking feedback over a two month period, hearing submissions and finally adopting the RMP.

4.3 The public were notified of the intent to prepare a RMP and written suggestions were sought between 4 August and 4 September 2015.

4.4 The development of the draft RMP has been a longer process than expected due to legal complexities of the underlying land status which emerged as the background information was collected. The longer timeframe for the RMP development has also meant that officer resource has had to be juggled with other projects. However it was considered important to have the land status clarified before proceeding

4.5 As part of the research on the RMP and input from legal advisers it has been identified that there are some reserves to be included in the draft which, although subject to the Reserves Act 1977, have not been classified for their primary purpose. The requirement to classify reserves under this process has been in place since the powers to do so were delegated to Council from the Minister in 1999 and this is an opportunity for Council to comply with the legislation. A review on this report has been completed by a legal adviser.

5. Classification

5.1 Reserves that are subject to the Reserves Act 1977 are defined in that Act and generally include land that is set apart for any public purpose.

5.2 All Reserves subject to the Reserves Act 1977 are required to be classified according to their primary purpose under that Act. Reserves held under the Reserves Act 1977 should also be classified before any draft RMP is publicly notified under s41 of that Act.

5.3 Those reserves that are (or are partially) subject to the Reserves Act 1977 and are to be included in this RMP are Waahi Taakaro Golf Course Marsden Recreation Ground, Ngawhatu Sportsfield, Victory Square, Botanics Sportsfield, and Greenmeadows.

5.4 Waahi Taakaro Reserve and part of the Marsden Recreation Ground do not require further classification for reasons outlined below.

· Waahi Taakaro Reserve has already been classified as Recreation Reserve and is subject to the Reserves Act 1977, pursuant to a Gazette Notice registered against the title on 27 January 1982.

· Part of the Marsden Recreation Ground is subject to the Reserves Act 1977 (Lot 3 DP 10426-NL5C/1376). This land was vested in the Council as recreation reserve under s352(4) of the Municipal Corporations Act 1954. This land does not need to be classified as reserves created in this way before the commencement of the Reserves Act 1977 are required to be held and administered as recreation reserves without further notice or gazetting (under s16(11)(b) of the Reserves Act 1977). The remaining parts of Marsden Recreation Ground and not subject to the Reserves Act 1977 and do not need to be classified under that Act.

5.5 Classification is required for Ngawhatu Sportsfield, Victory Square, part of Botanics Sportsfield, and Greenmeadows. Maps of these areas are attached.

5.6 Classification can follow different processes outlined in section 16 of the Reserves Act 1977 – including either by Council resolution (under section 16(2A)(g)) or by notice in the Gazette (under s16(1)).

5.7 Reserves can be classified as:

· Recreation Reserves (s17),

· Historic Reserves (s18),

· Scenic Reserves (s19),

· Nature Reserves (s20),

· Scientific Reserves (s21),

· Government Purpose Reserves (s22) or

· Local Purpose Reserves (s23).

5.8 The Reserves Act 1977 recognises that in some situations, it may be determined that consultation on a proposed classification is not necessary. This is outlined in s16(5), and includes where the classification proposed is substantially the same as the purpose for which the reserve was held and administered immediately prior to the commencement of the Reserves Act 1977.

5.9 Even where consultation is not required by the Reserves Act, Local Government Act 2002 consultation requirements still need to be considered. Officers are of the view that where the classification is consistent with the current uses, consultation on that classification would not be required and would not be meaningful as there is little chance of Council wishing to change the use of its reserves at this point.

5.10 Reserves may only be used for the primary purpose for which they are classified. Should Council decide to use a reserve for a different purpose to which the reserve is classified for, Council would need to carry out appropriate consultation on the proposal to re-classify the land.

Classification by Council resolution (under s16(2A))

5.11 In some situations, classification can occur by way of a Council resolution. This includes where the reserve was created under part 10 of the Resource Management Act 1991 and remains vested in the local authority (s16(2A)(g)).

5.12 To classify under this section, Council simply needs to make a resolution stating the classification, and provide notice of this resolution to the Commissioner at the Department of Conservation.

5.13 This process applies to Ngawhatu Sportsfield. Public notice seeking feedback on the proposed classification under this section is not required.

Classification by notice in the Gazette (under s16(1))

5.14 Council is unable to classify by resolution where the title to the land was derived from the Crown. In this situation, Council needs to classify following the process set out in s16(1) of the Reserves Act 1977, which involves placing a notice of the classification in the Gazette.

5.15 S16(1) states that the Minister shall classify reserves by notice in the Gazette, however the Minister has delegated these powers to councils.

5.16 To classify a reserve under this section, Council is required to make a resolution stating the intent to classify, then place a notice to this effect in the Gazette. Once the notice has been placed, the reserve is considered to be classified.

5.17 This process applies to Victory Square, Botanics Sportsfield and Greenmeadows.

Ngawhatu Sportsfield

5.18 Ngawhatu Sportsfield (Lot 1, DP 19375 further described in Computer Freehold Register NL13A/170, Lot 13, DP 303930 further described in Computer Freehold Register 24172 and Lot 14, DP 303930 further described in Computer Freehold Register 24173) was vested in Council as recreation reserve under s239(a) of the Resource Management Act 1991. Part of this sportsfield was vested on 11 February 1999 and the remaining parts vested to us on 28 January 2002. The land is held for the purpose of recreation reserve. The land is subject to the Reserves Act 1977.

5.19 This reserve is administered and managed as recreation reserve.

5.20 As this land was created under Part 10 of the Resource Management Act, Council can classify this by resolution.

5.21 It is proposed that Council classify this reserve, by resolution, as Recreation Reserve.

Victory Square

5.22 On 18 September 1874, this land (Section 1131 City of Nelson further described in Computer Freehold Register NL2D/352) was transferred by the Crown to the Mayor, Councillors and Citizens of Nelson in trust as a site for a public recreation ground, by way of a grant made under the Public Reserves Act 1854. The land is subject to the Reserves Act 1977.

5.23 This reserve is administered and managed as recreation reserve.

5.24 As this land was derived from the Crown, Council can classify this land by notice in the Gazette under s16(1) using the powers delegated from the Minister.

5.25 It is proposed that Council classify this reserve, by notice in the Gazette, as Recreation Reserve.

Botanics Sportsfield

5.26 On 17 October 1966, the Crown vested the land (Section 1219 City of Nelson further described in Computer Freehold Register NL127/106) in Council as recreation reserve. Prior to this, the land was held as a recreation reserve pursuant to s100(2) of the Reserves and Domains Act 1953 for the purposes of a botanical garden.

5.27 The land is subject to the Reserves Act 1977, pursuant to Gazette Notice 107489 declaring that the land shall cease to be subject to the provisions of Part III of the Reserves and Domains Act 1953 and shall be deemed to be recreation reserve subject to part II of the Reserves and Domains Act and vested in the Mayor, Councillors and Citizens of the City of Nelson in trust for recreational purposes.

5.28 As this land was derived from the Crown, Council can classify this land by notice in the Gazette under s16(1) using the powers delegated from the Minister.

5.29 This reserve is administered and managed as recreation reserve.

5.30 During the initial consultation on the intent to prepare the Reserve Management Plan, it was suggested that this reserve could be classified as a historic reserve, to reflect the history of rugby at the reserve. As the reserve is currently administered and managed as recreation reserve, it is proposed that Council classify the primary purpose of the reserve as recreation. The history of the reserve and heritage elements at the reserve can be recognised and managed through the Reserve Management Plan rather than by classifying the reserve for this purpose.

5.31 It is proposed that Council classify this reserve, by notice in the Gazette, as Recreation Reserve.

5.32 Note that part of a separate title at the reserve (NL3A/423) will be included in the draft RMP. This land is not subject to the Reserves Act 1977 and is not proposed to be classified through this process.

Greenmeadows

5.33 Prior to Greenmeadows being transferred to Council, it was owned by the Crown and was part of the Stoke Domain. The land (Part Section 50 District of Suburban South and Defined on DP 4585 further described in Computer Freehold Register NL114/188) is subject to the Reserves Act 1977, pursuant to Gazette Notice 107489 declaring that the land shall cease to be subject to the provisions of Part III of the Reserves and Domains Act 1953 and shall be deemed to be recreation reserve subject to part II of the Reserves and Domains Act and vested in the Mayor, Councillors and Citizens of the City of Nelson in trust for recreational purposes.

5.34 As this land was derived from the Crown, Council can classify this land by notice in the Gazette under s16(1) using the powers delegated from the Minister.

5.35 This reserve is administered and managed as both local purpose (the community facility and carparking under construction) and recreation reserve (the sportsfields and tennis courts).

5.36 Given there are parts of Greenmeadows which are used for different purposes, it is proposed that Council classify this reserve, by notice in the Gazette in two separate parts as Local Purpose (Community Purposes) and Recreation Reserve as set out in Attachment One. The Local Purpose (Community Purposes) Reserve classification would cover the area that includes the community facility and carparking currently under construction, while the Recreation Reserve classification would cover the remainder of the reserve.

5.37 To classify in the Gazette, a formal survey plan is being undertaken to identify the two areas so that they can be described in legal terms. This survey plan will need to be registered with Land Information New Zealand. Once registered, classification by way of notice in the Gazette can be carried out. The cost of the survey plan is approximately $5,000.

5.38 It should be noted that the mix of recreation purposes and local purposes proposed is substantially the same as for which the reserve was held when the Reserves Act 1977 came into effect and legal advice confirms that public consultation for these purposes is not necessary.

5.39 If at any time in the future the community facility needed to be expanded beyond the area that is classified as Local Purpose (Community Purposes) Reserve, Council would need to go through a process to reclassify the land, including carrying out public consultation.

6. Options

6.1 Council could decide to classify the reserves as proposed, or could alter the purpose of the reserves before classifying.

6.2 Council could decide not to publicly notify the classification as proposed, or could notify the public of the proposed classification and seek input on this proposal.

Option 1: Classify reserves as proposed
Advantages	· Reserves are classified for the purposes that they are currently managed for · Classification is a requirement of the Reserves Act 1977 · A straightforward process to classify can be carried out · Once classified, the draft Reserve Management Plan can be adopted by Council for public feedback
Risks and Disadvantages	· Some members of public may wish to provide feedback on the proposed classifications and this opportunity would not be provided
Option 2: Classify reserves for a different purpose, or decide public notification of the classification is required
Advantages	· Council may wish to alter the purpose of some reserves · Council may consider that public feedback on the classification of all or some of the reserves is desirable
Risks and Disadvantages	· There is a very low likelihood of Council re-classifying the reserves for a different purpose so public consultation would not be meaningful. · There would be a further delay in progressing the reserve management plan

7. Conclusion

7.1 It is recommended that Council classify Ngawhatu Sportsfield, Victory Square, Botanics Sportsfield and Greenmeadows as discussed above.

7.2 Following classification, the draft Reserve Management Plan will be brought to Committee to recommend for public notification seeking feedback on the draft Management Plan. Feedback would be sought over a two month period following that.

Jane Loughnan

Policy Coordinator

Attachments

Attachment 1: Proposed areas for classification of Greenmeadows (A1762264) ⇩

Attachment 2: Proposed area for classification of Ngawhatu Sportsfield (A1779184) ⇩

Attachment 3: Proposed area for classification of Victory Square (A1779126) ⇩

Attachment 4: Proposed area for classification of Botanics (A1779218) ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Classifying the reserves fits with the purpose of local government as a regulatory function of the Reserves Act 1977.

2. Consistency with Community Outcomes and Council Policy

Classification of reserves is a requirement of the Reserves Act 1977.

Once the land is classified, the draft RMP can be adopted by Council. The draft RMP has been informed by and will help to guide the Parks and Reserves Asset Management Plan.

The draft RMP supports several of Nelson City Council’s Community Outcomes particularly that Our communities have access to a range of social, educational, and recreational facilities and activities.

It also supports the themes of Nelson 2060, including ‘a sustainable city of beauty and connectivity’ and ‘lifestyles immersed in nature and a strong community’.

3. Risk

It is considered that there is little risk of not seeking public feedback on the proposed classification of the reserves, as the proposed classification is consistent with the purpose for which the reserves were held and administered immediately before the commencement of the Reserves Act 1977, and consistent with how the reserves are currently managed. Legal advice has confirmed this approach.

4. Financial impact

There is no other financial impact of the decision to classify reserves, although should Council decide in the future to re-classify any reserves, there would be costs of consultation and additional survey plans if required.

5. Degree of significance and level of engagement

The decision to classify the reserves is of low significance. The reserves are not a strategic asset and there will be no change to the use of the reserves as a result of the classification. The Reserves Act 1977 allows for classification without further consultation, when classifying for substantially the same purpose that the reserves were held and administered immediately before the commencement of the Act. Therefore no consultation is proposed.

6. Inclusion of Māori in the decision making process

Maori have not been consulted on the classification of reserves, however iwi were invited to provide feedback to inform the draft Reserve Management Plan when it was open for public feedback. No feedback was received through this consultation opportunity.

Iwi will be provided with another opportunity to provide feedback on the draft Reserve Management Plan when this is being formally consulted on.

7. Delegations

The Sports and Recreation Committee has responsibility for parks and reserves and sports fields. It has the power to recommend to Council the development of policies and strategies relating to areas of its responsibility.

Sports and Recreation Committee

4 July 2017

REPORT R7804

Brook Mountain Bike Hub Location

1. Purpose of Report

1.1 To approve the location of a proposed Mountain Bike Hub in the Brook Valley.

2. Summary

2.1 Council has committed to investigating the best location for a Mountain Bike Hub in the Brook.

2.2 Two possible sites for a Mountain Bike Hub in the Brook were investigated including a combination of the two.

2.3 The following is recommended:

2.3.1 A hub including a toilet, wash down facility and 30 car parks on Andrews Farm and

2.3.2 A basic car park and portaloo on the ex-logging skid site.

3. Recommendation

That the Committee

Receives the report Brook Mountain Bike Hub Location (R7804); and its attachments A1759468, and A1775817;

4. Background

4.1 With the increasing popularity of mountain biking and the development of tracks at Codgers above and below the Dun Mountain Trail in Brook Street, the number of cars travelling to and parking in Brook Street has increased. Brook Street is narrow and local residents have expressed concern about traffic congestion. Officers have witnessed first hand the congestion around Betsy Eyre Park in the late afternoon.

4.2 A hub facility is included in the implementation plan of the Council’s Out and About Off Road Trails Strategy as a Priority 1 project.

5. Funding

5.1 An amount of $40,000 was included in the 2016/17 Annual Plan (and has been carried forward to 2017/18) for a basic mountain bike hub near Codgers but off the carriageway of Brook Street. The proposal originally envisaged the construction of a simple unsealed parking area for 60 cars, a portable toilet and possibly a bike wash down.

5.2 Following discussions during the 2017/18 Draft Annual Plan a further $100,000 was added to the 2017/18 budget making a total of $140,000. An application was made to the Ministry of Innovation and Business Enterprise for a further contribution but was unsuccessful.

5.3 There is a risk that design, consenting and construction may not be practical within one year. Officers will maintain a watching brief on progress and should detailed design or the consent process result in additional time being required, will report back to the Committee and undertake to carry forward any money required.

6. Discussion

6.1 Officers have undertaken a Business Case for the Brook Mountain Bike Hub. Refer to Attachment 1. Key features are summarised within.

6.2 Two possible sites have been considered.

Andrews Farm

6.3 The MTB Hub is proposed for part of the grassed area of Andrews Farm and marked on Attachment 2 Brook MTB Hub Plan A1775817.

6.4 A picnic ground can be incorporated into the site which would also be an asset for the wider community.

6.5 Staff have discussed the option with the Chair of Riding for Disabled. Their preference is for the hub to be on the skid site but wish to be involved in future detailed plans should a decision be made to make use of Andrews Farm. This is to avoid a situation resulting in disturbance to horses.

6.6 This is the preferred site of the Nelson Mountain Bike Club.

6.7 This site is opposed by the Brook Community Group.

6.8 The views of the wider Brook Community are not known.

Logging Skid Site

6.9 Located at Codgers on the disused logging skid site below the Dun Mountain Trail and marked on Attachment 2 Brook MTB Hub Plan A1775817.

6.10 Access is off the Tantragee Road which is narrow, shingle surfaced and with limited visibility.

6.11 This is the preferred site of representatives of the Brook Community Group.

6.12 It is not the preferred site of the MTB Club.

7. Options

Option 1: Do not develop hub in the Brook
Advantages	· Funds are saved
Risks and Disadvantages	· Congestion from car parking in Brook Street continues · Potential road safety issues · Community dissatisfaction
Option 2: Develop Andrews Farm Site only
Advantages	· Easier and closer access from Brook Street · Aligns with existing tracks to the Dun Mountain Trail and Codgers Tracks · More space for car parking · Cheaper to develop · More practical location for riders using bike wash down (nearer to sealed road) · More practical location for toilet (near to wastewater pipe)
Risks and Disadvantages	· Reduces the area available for a Neighbourhood Park · Requires careful screening to protect RDA horses from fright from riders and vehicles
Option 3: Develop Logging Skid Site only
Advantages	· Avoids potential disturbance to RDA · Leaves all of Andrews Farm available as a Neighbourhood Park · Site would be closer to the trails, slightly elevated and a destination solely for recreational opportunities. · Site may be more suitable for discharge of wash down water (further from stream)
Risks and Disadvantages	· Difficult road access, narrow with poor sight lines · Requires culvert to cross stream · Realignment of some existing trails would be required · Will increase vehicle numbers on Tantragee Road
Option 4: Develop Andrews Farm to a reduced scope together with parking on logging skid site – this is the preferred option
Advantages	· Easier and closer access to a maximum of 30 car parks at Andrews Farm from Brook Street is available · Pressure on Tantragee Road is reduced · Allows space for a shared community picnic ground and further landscaping · Flexibility – including an option for those wanting closer vehicle access to child-friendly trails such as Crazy Horse
Risks and Disadvantages	· Vehicles will still have access to Tantragee Road but on a reduced basis, providing a safer outcome · Care still required to include RDA in design process

8. Conclusion

8.1 Officers have undertaken a Business Case for the best location of a proposed Mountain Bike Hub in the Brook.

8.2 Option 4 is the preferred option combining both Andrews Farm and the ex-logging skid site.

Andrew Petheram

Property, Parks and Facilities Asset Manager

Attachments

Attachment 1: A1759468 - Business Case Brook Bike Hub 3111 ⇩

Attachment 2: A1775817 - Brook Mountain Bike Hub - location of two options showing RDA activity - Jun2017 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

This recommendation will improve access to recreational facilities for both the local community and visitors to Nelson.

2. Consistency with Community Outcomes and Council Policy

The recommendation aligns with the Community Outcome ‘Our communities have access to a range of social, educational and recreational facilities and activities:

· There is a wide range of recreation, educational and leisure opportunities for everyone to take part in.

· We have high quality and accessible recreation, education, health and community facilities.’

3. Risk

There is an element of risk in providing car parking away from Brook Street that it will not be used and cars will continue to park on Brook Street near the entrance to the Dun Mountain Trail. Parking restrictions on Brook Street will be required. The option chosen reduces this risk by providing easier access.

4. Financial impact

Funding has been allocated in the Annual Plan 2017/18.

The development, operation and maintenance of the hub will be funded from rates. The proposed Maitai Mountain Bike Hub, yet to be designed, is expected to divert some use away from the Brook.

5. Degree of significance and level of engagement

This matter is of low significance because the proposed sites are not strategic assets. However there is considerable interest in the sites from the Nelson Mountain Bike Club, the Brook Community Group, the general Brook community and Riding for Disabled. These four groups will be consulted over the detailed design of the hub.

6. Inclusion of Māori in the decision making process

Māori have not been consulted in the preparation of this report.

7. Delegations

The Sport and Recreation Committee has the power to decide the approval of specified business cases or projects referred by Council to the committee, and also included in the Annual Plan. Funding for this project is included in the 2017/18 Annual Plan.

Sports and Recreation Committee

4 July 2017

REPORT R7940

Network Tasman Easement - Greenmeadows Reserve

1. Purpose of Report

1.1 To approve an easement for electrical purposes to Network Tasman Limited over the following Council administered Reserve land:

1.1.1 Greenmeadows Reserve refer to attachment one.

2. Recommendation

That the Committee

Receives the report Network Tasman Easement - Greenmeadows Reserve (R7940) and its attachment (A1776981).

Recommendation to Council

That the Council

Confirms the easement be agreed under section 48(1) (d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

3. Background

3.1 Network Tasman Limited have been requested by Nelson City Council to provide a network extension and run a new cable onto the Greenmeadows Reserve to supply the required power for the new Stoke Greenmeadows facility.

3.2 The cables are located underground but terminate in a small above ground box (a black box approximately 300mm x 300mm x 450mm high) located in the small garden to the car park as shown on Attachment One.

3.3 The Property Parks and Facilities Asset Manager has been consulted on the above ground box location and size and has agreed the rights of the public in respect of the reserve are not likely to be permanently affected.

3.4 As Nelson City Council have requested this installation we will need to meet all costs associated with the easement.

3.5 This report was prepared with and reviewed by Councils Property Legal Executive.

4. Discussion

Requirement for Easement

4.1 As the Network Tasman infrastructure is located on Council administered reserve land, an easement is required to formalise its occupation of the land. Easements on reserve land require consent from Council.

4.2 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 installation or work – section 48 (1)(d). For this reason a formal Council resolution for the electricity easement is required.

4.3 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.

5. Options

5.1 The options are either to grant the easement (preferred option) or to not grant the easement.

5.2 Granting the easement enables Council to formalise the access to Network Tasman across the Greenmeadows Reserve.

5.3 If the easement is not granted then Network Tasman Limited will not liven their cables or provide electricity to the new Stoke Facility.

6. Conclusion

6.1 Approval of an easement in gross (granting rights to Network Tasman Limited rather than to a property) to Network Tasman to convey electricity, across the Greenmeadows Reserve enables Council to formalise access to Network Tasman and ensures security of electricity supply for the new building.

Martin Brown

Manager Building

Attachments

Attachment 1: A1776981 Network Tasman Limited Easement over Greenmeadows Reserve Plan "A" ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

This decision facilitates supply of electricity infrastructure to the Nelson community.

2. Consistency with Community Outcomes and Council Policy

Our infrastructure is efficient, cost effective and meets current and future needs

The recommendation fits with Goal Nine – everyone in our community has their essential needs met.

3. Risk

Very likely the granting of the easements will achieve the goal it is aimed at achieving. Low risk of adverse consequences.

4. Financial impact

The costs of securing the easements will be met by Nelson City Council as the property owner benefited by the easement. Estimated cost is between $3,000 to $5,000.

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 is required under section 48(2) of the Reserves Act 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.

6. Inclusion of Māori in the decision making process

No consultation with Māori has taken place.

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. However under the Reserves Act 1977 this is a decision for full Council.