Agenda of Sports and Recreation Committee

N-logotype-black-wide Sports and Recreation Committee

22 August 2017

Page No.

1. Apologies

Nil

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 4 July 2017 7 - 15

Document number M2733

Recommendation

That the Committee

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

6. Status Report - Sports and Recreation Committee - 22 August 2017 16 - 17

Document number R8230

Recommendation

That the Committee

Receives the Status Report Sports and Recreation Committee 22 August 2017 (R8230) and its attachment (A1664423).

7. Chairperson's Report

Document number R8177

Recommendation

That the Committee

Receives the Chairperson's Report.

Recreation and Leisure

8. Brook Valley Holiday Park - Advice from Commercial Subcommittee 18 - 27

Document number R8005

Recommendation

That the Committee

Receives the report Brook Valley Holiday Park - Advice from Commercial Subcommittee (R8005) and its attachment (A1814947); and

Notes the feedback provided by the Commercial Subcommittee; and

Confirms that Council will continue to operate the Brook Valley Holiday Park pending a final decision on the structure for Council delivery of its campground activities.

9. Saxton Creek Easements - Network Tasman Limited and 187 Champion Road & 205 Champion Road 28 - 35

Document number R8050

Recommendation

That the Committee

Receives the report Saxton Creek Easements – Network Tasman Limited and 187 Champion Road & 205 Champion Road (R8050), and its attachments (A1798973, A1798985 and A1798991).

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 “B”, “C”, “D” and “F” (Attachment One, A1798973) of Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

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 in red (Attachment Two, A1798985) of Esplanade Reserve within Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

Grants the easement to 187 Champion Road and 205 Champion Road over the area shown on the plan marked “A” (Attachment Three, A1798991) of land to be acquired by Nelson City Council as Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

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

Public Excluded Business

10. 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	Status Report - Sports and Recreation Committee - Public Excluded - 22 August 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 · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)
2	Campgrounds - Advice from Commercial Subcommittee	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 · Section 7(2)(i) To enable the local authority to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)

Item

General subject of each matter to be considered

Reason for passing this resolution in relation to each matter

Particular interests protected (where applicable)

Status Report - Sports and Recreation Committee - Public Excluded - 22 August 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

· Section 7(2)(i)

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

Campgrounds - Advice from Commercial Subcommittee

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

· Section 7(2)(i)

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

11. Re-admittance of the public

Recommendation

That the Committee

Re-admits the public to the meeting.

Youth Councillors Emily Rais and Emma Edwards 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 4 July 2017, commencing at 9.05am

Present: Councillor T Skinner (Chairperson), Councillors M Courtney, K Fulton, B McGurk, M Rutledge (Deputy Chairperson) and S Walker

In Attendance: Councillors B Dahlberg, P Matheson and G Noonan, Acting Chief Executive (D Hammond), Group Manager Infrastructure (A Louverdis), Group Manager Community Services (C Ward), Senior Strategic Adviser (N McDonald), Policy Coordinator (J Loughnan), Property Parks and Facilities Asset Manager (A Petheram), Youth Councillors (F Sawyer and A Tonks), and Administration Adviser (L Canton)

Apologies: Her Worship the Mayor R Reese, Councillor I Barker

1. Apologies

Resolved SPO/2017/063

That the Committee

Receives and accepts the apologies from Her Worship the Mayor R Reese and Councillor I Barker.

McGurk/Fulton Carried

2. Confirmation of Order of Business

The Chairperson advised that, since the agenda had been issued, four public forums had been scheduled.

3. Interests

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

4. Public Forum

4.1 Christopher St Johanser – Brook Valley Community Group

Christopher St Johanser spoke on behalf of the Brook Valley Community Group about the proposal for a mountain bike hub in the Tantragee and answered questions.

4.2 Mark Newton – Nelson Mountain Bike Club

Mark Newton spoke on behalf of the Nelson Mountain Bike Club about Andrews Farm as the proposed Brook mountain bike hub location and answered questions.

4.3 Peter Wilson

Peter Wilson spoke about the proposed Andrews Farm mountain bike hub and answered questions.

4.4 Michael Kidson

Michael Kidson tabled and read out an email from Marilyn Andrews about the proposed mountain bike hub at Andrews Farm.

Mr Kidson outlined his own views about the proposed mountain bike hub.

Attachments

1 A1786886 - Public Forum - Michael Kidson -Marilyn Andrews email on proposed mountain bike hub at Andrews Farm

5. Confirmation of Minutes

5.1 30 May 2017

Document number M2624, agenda pages 8 - 13 refer.

Resolved SPO/2017/064

That the Committee

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

Rutledge/Walker Carried

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

Document number R8000, agenda pages 14 - 15 refer.

Group Manager Community Services, Chris Ward, and Property, Parks and Facilities Manager, Andrew Petheram answered questions.

It was noted that an updated status report (A1664423) had been tabled with revised comments for the Nelson Marina Strategy.

Resolved SPO/2017/065

That the Committee

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

Rutledge/Courtney Carried

Attachments

1 A1664423 - Status Report - Sports and Recreation Committee - 4Jul2017 tabled update

7. Chairperson's Report

The Chairperson drew the attention to the recent use of the recently re-opened Trafalgar Centre.

Recreation and Leisure

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

Document number R7682, agenda pages 16 - 30 refer.

Policy Coordinator, Jane Loughnan presented the report. Ms Loughnan, Senior Strategic Advisor, Nicky McDonald and Acting Chief Executive, David Hammond answered questions.

In response to questions, Ms McDonald advised that the Reserves Act 1977 required Council to classify the area. She confirmed that the Recreation Reserve classification reflected the historic use of the area and therefore did not require public consultation. She added that whether or not the area was classified as Recreation Reserve now, any future change in use would trigger a change in classification and therefore would require public consultation.

In response to further questions, Mr Hammond explained that if Greenmeadows was not classified, it could not be included in the Sports and Reserves Management Plan (RMP). He said the RMP would then need to include adequate explanation of why Greenmeadows was excluded, and the process for bringing it into line with the Reserves Act.

Resolved SPO/2017/066

That the Committee

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

Fulton/McGurk Carried

The meeting agreed to consider the part of the recommendation to Council relating to the classification of Greenmeadows separately.

Recommendation to Council SPO/2017/067

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

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.

Fulton/Skinner Carried

Councillor Fulton, seconded by Councillor McGurk, moved the clause of the recommendation in the officer report relating to Greenmeadows

That the Council

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.

The Committee discussed whether leaving Greenmeadows unclassified would allow flexibility for a change in use in the near future. It was suggested that the Stoke Urban Design Strategy may identify a different use for the area, such as for additional parking.

A view was expressed that the appropriate process was for Council to confirm the reserve status of the land so it could be included in the RMP for community engagement on its future use.

Attendance: The meeting adjourned from 10.55am until 11.14pm.

Councillor Courtney, seconded by Councillor Rutledge, moved an amendment that Council defer the classification of Greenmeadows until after the Stoke Urban Design Strategy was developed.

The amendment was put and carried, and became the substantive motion.

Recommendation to Council SPO/2017/068

That the Council

Defers classification of Greenmeadows (being title NL114/188) under the Reserves Act 1977 until after the Stoke Urban Design Strategy is considered by Council.

Fulton/McGurk Carried

9. Brook Mountain Bike Hub Location

Document number R7804, agenda pages 31 - 50 refer.

Property Parks and Facilities Asset Manager, Andrew Petheram, presented the report and answered questions.

During a discussion about the proposed parking area on the ex-logging skid site referred to as Site B, it was noted that access to the site carried safety risks associated with the narrow road, road surface, and poor sight lines that would likely be difficult to address within the budget of $140,000, and that this was not the preferred site of the Nelson Moutain Bike Club. It was suggested that developing only Site A at Andrews Farm could lead to encroachment onto Andrews Farm. The importance of adequate screening and planting of Site A was also discussed.

Resolved SPO/2017/069

That the Committee

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

McGurk/Rutledge Carried

Councillor Skinner, seconded by Councillor Fulton, moved

That the Committee

Directs officers to proceed with detailed design and costings for the Brook Mountain Bike Hub at Andrews Farm shown for both Sites A and B as per Attachment 2 in Report 7804, with approximately thirty car parks, a toilet and wash down facility with access to a parking area at the ex-logging skid site and reports back to a future S&R Committee for a decision to proceed.

Attendance: The meeting adjourned from 12.05pm until 12.17pm.

Councillor Courtney, seconded by Councillor Rutledge moved an amendment to approve Option 2 in the officer report to develop the Andrews Farm site only.

The amendment was put and carried and became the substantive motion.

Resolved SPO/2017/070

That the Committee

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.

Skinner/Fulton Carried

10. Network Tasman Easement - Greenmeadows Reserve

Document number R7940, agenda pages 51 - 55 refer.

Resolved SPO/2017/071

That the Committee

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

Rutledge/McGurk Carried

Recommendation to Council SPO/2017/072

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.

Rutledge/McGurk Carried

11. Exclusion of the Public

Resolved SPO/2017/073

That the Committee

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

Courtney/Walker 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 - 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

The meeting went into public excluded session at 12.32pm and resumed in public session at 12.34pm.

Please note that as the only business transacted in public excluded was to confirm the minutes and receive the status report, this business has been recorded in the public minutes. In accordance with the Local Government Official Information Meetings Act 1987, no reason for withholding this information from the public exists.

Resolved SPO/2017/074

That the Committee

Confirms the minutes of part of the meeting of the Sports and Recreation Committee, held with the public excluded on 30 May 2017, as a true and correct record.

Rutledge/Skinner Carried

Resolved SPO/2017/075

That the Committee

Receives the public excluded Status Report Sports and Recreation Committee 4 July 2017 (R8001) and its attachment (A1661548).

Walker/Courtney Carried

12. Re-admittance of the Public

Resolved SPO/2017/076

That the Committee

Re-admits the public to the meeting.

Walker/Skinner Carried

There being no further business the meeting ended at 12.35pm.

Confirmed as a correct record of proceedings:

Chairperson Date

Sports and Recreation Committee

22 August 2017

REPORT R8005

Brook Valley Holiday Park - Advice from Commercial Subcommittee

1. Purpose of Report

1.1 To provide advice from the Commercial Subcommittee as requested by the Sports and Recreation Committee.

2. Recommendation

That the Committee

Receives the report Brook Valley Holiday Park - Advice from Commercial Subcommittee (R8005) and its attachment (A1814947); and

Notes the feedback provided by the Commercial Subcommittee; and

Confirms that Council will continue to operate the Brook Valley Holiday Park pending a final decision on the structure for Council delivery of its campground activities.

3. Background

3.1 At its meeting on 29 May 2017 the Sports and Recreation Committee received the report ‘Brook Valley Holiday Park Opening – Review’ (Attachment 1: A1814947). It decided to refer that report to the Commercial Subcommittee, which had already been sent a prior confidential report ‘Brook Valley Motor Camp and Tahuna Beach Holiday Park - guidance for lease tenders’ (R6486).

3.2 It received a further report in the public excluded section of the agenda entitled ‘Campground review - additional information’ (R7851).

3.3 The Commercial Subcommittee considered these matters on 27 June 2017. This report contains its feedback on the non-confidential matters.

4. Discussion

4.1 Council resolved to support a full reopening of the BVHP, being all camp sites and cabins at its meeting on 15 December 2016.

4.2 The Commercial Subcommittee having considered strategic issues relating to all three campgrounds, recommends that Council will continue to operate the Brook Valley Holiday Park pending a final decision on the structure for Council delivery of its campground activities.

4.3 Closing or partially closing the campsite was considered but would result in further uncertainty about the campsite’s future.

4.4 Instead it is recommended that Council clearly signal that the campground is open for business and appropriate marketing be carried out to support this message.

4.5 Budgets were prepared for the annual plan on this basis.

5. Options

5.1 Option 1 is the preferred option.

Option 1: Status Quo: Council continues to operate BVHP
Advantages	· Systems and staff are in place · Sends clear message to community that camp is open · Marketing can commence immediately · Consistent with Annual Plan budgets · Public perception is likely to be positive
Risks and Disadvantages	· Costs to Council from running the camp
Option 2: Council closes or partially closes BVHP
Advantages	· May provide cost savings
Risks and Disadvantages	· Reputational risk · Uncertainty over future will impact peoples willingness to book the camp · Facilities would be underused
Option 2: Council runs process to seek third party operators
Advantages	· Third party operator takes some risk · Will provide cost savings
Risks and Disadvantages	· Doe not allow strategic approach to be taken across the 3 campgrounds · May not result in a suitable operator being found before the 2017/18 summer season · Uncertainty over future may impact peoples willingness to book the camp

Chris Ward

Group Manager Community Services

Attachments

Attachment 1: A1814947 Brook Valley Holiday Park Opening - Review S&R 29May2017 ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

Campgrounds are local infrastructure that provide, a service to the semi – permanent residents and visitors to Nelson. The services provided at the Brook Valley Holiday Park are of an appropriate standard for the levels of use, thus provided cost - effectiveness.

2. Consistency with Community Outcomes and Council Policy

The recommendation is consistent with the Community Outcomes.

“Our communities have access to a range of social, educational and recreational facilities and activities where we have high quality and accessible recreation, education, health and community facilities.”

3. Risk

The reputational risk is significant. The recommended option mitigates that risk.

4. Financial impact

The impact of remaining open has been budgeted for in the Annual Plan.

5. Degree of significance and level of engagement

This matter is of low significance because the camp is already open. No further consultation would be required. Consultation has already occurred during the development of the Brook Reserve Management Plan.

6. Inclusion of Māori in the decision making process

No specific consultation has been undertaken with Maori

7. Delegations

The Sports and Recreation Committee has the responsibility for campgrounds including the Brook Valley Holiday Park.

Sports and Recreation Committee

22 August 2017

REPORT R8050

Saxton Creek Easements - Network Tasman Limited and 187 Champion Road & 205 Champion Road

1. Purpose of Report

1.1 To approve an easement for a right to convey electricity to Network Tasman Limited over land held by Council as Saxton Field (easement area “F”) and land to be transferred to Council (easement area “B”, “C” and “D”) and administered as part of Saxton Creek (section shown on the plan) refer to Attachment One (A1798973).

1.2 To approve an easement for a right to convey electricity to Network Tasman Limited over esplanade reserve between 25 Hill Street and 3D Hill Street (sections shown in red on the plan) refer to Attachment Two (A1798985).

1.3 To approve an easement for a right of way, right to convey water, right to drain sewage and right to convey electricity, telecommunications and computer media to 187 Champion Road and 205 Champion Road over land to be transferred to Council and administered under the Reserves Act for drainage and utilities purposes (section shown on the plan) refer to Attachment Three (A1798991).

2. Recommendation

That the Committee

Receives the report Saxton Creek Easements – Network Tasman Limited and 187 Champion Road & 205 Champion Road (R8050), and its attachments (A1798973, A1798985 and A1798991).

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 in red (Attachment Two, A1798985) of Esplanade Reserve within Saxton Creek with all legal and survey costs associated with the easement over Saxton Creek to be met by Nelson City Council as required for Saxton Creek upgrade; and

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

3. Discussion

Network Tasman Limited – Attachments One and Two

3.1 Nelson City Council is currently completing an upgrade of Saxton Creek.

3.2 The easements to Network Tasman Limited are required to accommodate alterations to the existing electrical reticulation to allow for the creek upgrade and runs under land to be vested to Nelson City Council by a developer as part of their subdivision.

3.3 The proposed easement to convey electricity will be located underground.

3.4 Saxton Creek is unlikely 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 as set out under the Reserves Act 1977.

3.5 As the work is a result of an upgrade from Nelson City Council, it is proposed that Nelson City Council meet all costs associated with the easement.

187 Champion Road and 205 Champion Road – Attachment Three

3.6 Nelson City Council is currently completing an upgrade of widening Saxton Creek.

3.7 The easement to 187 Champion Road and 205 Champion Road is required for the connection rights of this property once the land to vest in Nelson City Council has vested. Nelson City Council is taking this land for drainage and utilities purposes.

3.8 The proposed easement works will run along the underside of the bridge to be constructed with the Saxton Creek widening works.

3.9 Saxton Creek is unlikely 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 as set out under the Reserves Act 1977.

3.10 As the work is a result of an upgrade from Nelson City Council, it is proposed that Nelson City Council meet all costs associated with the easement.

4. Legislation

4.1 As the easement is located on land that will vest to Council as reserve land, easements are 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(a) of the Reserves Act 1977. Council, as the administering body, may grant an easement for the purpose of a right to convey electricity, right of way, supply and drainage of water and for any other purpose connected with any such land. Easements on reserve land require consent from Council under section 48(1)(d) by passing a formal Council resolution.

4.2 Where the reserve is not likely to be materially altered or permanently damaged, and the rights of the public in response 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 to either grant the easements (preferred option) or to not grant the easements.

5.2 Granting the easements is best practice for the Council because:

5.2.1 It formalises the terms of the easements granted to satisfy what rights are being provided and over what area of the reserve land.

5.2.2 If the easements needed maintenance and that part of the reserve is temporarily inaccessible to the public, the Council has the legal documentation to permit this.

5.2.3 The registration of the easement on the title provides public notice of the existence of the easement rights and infrastructure if, for instance, another party requested an easement over the reserve or the reserve was ever to be sold or the use of the reserve changed.

5.2.4 If the easement is not granted then Network Tasman Limited will not be able to proceed with their electricity connection as currently proposed, which is required to allow for Saxton Creek Upgrade. We will also not have a formal arrangement in place with Network Tasman Limited for their rights over our land in relation to their existing infrastructure.

5.2.5 If the easement is not granted then the Agreement with 187 Champion Road and 205 Champion Road for the acquisition of land will be in default and further arrangements to acquire this land will need to be sort by Nelson City Council.

6. Conclusion

6.1 Approval of the easements in gross (granting rights to Network Tasman Limited rather than to a property) to Network Tasman Limited to have a right to convey electricity in Saxton Creek enables Council to formalise access for the installation and maintenance of this easement for an area in Saxton which will assist with potential future development.

6.2 Approval of the easement to 187 Champion Road and 205 Champion Road to have a right of way, right to convey water, right to drain sewage and right to convey electricity, telecommunications and computer media in land to be acquired for Saxton Creek enables Council to formalise the acquisition of this land which will assist with the future project.

Alison Millard

Property Legal Executive

Attachments

Attachment 1: Saxton Creek - Easement to Network Tasman (A1798973) ⇩

Attachment 2: Saxton Creek - Easements to Network Tasman (A1798985) ⇩

Attachment 3: Saxton Creek - Easement to 187 and 205 Champion Road (A1798991) ⇩

Important considerations for decision making

1. Fit with Purpose of Local Government

This decision facilitates supply of electricity infrastructure to the Nelson community together with providing supplies to individual households for connection purposes.

2. Consistency with Community Outcomes and Council Policy

The decision 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.

3. Risk

Low risk of adverse consequences.

4. Financial impact

Costs for the easements and physical works are within the budget for the upgrade of the Saxton Creek.

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 reserve. 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 administration 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 Maori 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. 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.