AGENDA

Ordinary meeting of the

Hearings Panel - Other

Tuesday 28 August 2018

Commencing at 9.00a.m.

Ruma Marama

Civic House

110 Trafalgar Street, Nelson

Membership: Councillors Paul Matheson (Chairperson), Stuart Walker and Ian Barker

Guidelines for councillors attending the meeting, who are not members of the Committee, as set out in Standing Order 12.1:

· All councillors, whether or not they are members of the Committee, may attend Committee meetings

· At the discretion of the Chair, councillors who are not Committee members may speak, or ask questions about a matter.

· Only Committee members may vote on any matter before the Committee

It is good practice for both Committee members and non-Committee members to declare any interests in items on the agenda.  They should withdraw from the room for discussion and voting on any of these items.

Hearings Panel - Other

28 August 2018

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

6.       Chairperson's Report

7.       Summerset: Proposed Water Easement over Part of Saxton Field                                                                         15 - 29

Document number R9622

Recommendation

That the Hearings Panel - Other

Receives the report Summerset: Proposed Water Easement over Part of Saxton Field (R9622) and its attachments (A2029586 and A2029595); and

Grants the easement in gross over the area shown in red on the plan (A2019437) of Saxton Field with all legal costs associated with the easement to be met by Summerset Villages (Richmond) Limited.

Recommendation to Council

That the Council

Confirms the easement in gross over the area shown in red on the plan (A2019437) of Saxton Field be agreed to under section 48(1)(d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

Item 7: Summerset: Proposed Water Easement over Part of Saxton Field

Hearings Panel - Other 28 August 2018

REPORT R9622

Summerset: Proposed Water Easement over Part of Saxton Field

1.       Purpose of Report

1.1      To approve the recommendation from Saxton Field Committee granting of an easement to Summerset Villages (Richmond) Limited over Council Recreation Reserve for the supply of water infrastructure to its Hill Street development, subject to Council consent.

2.       Summary

2.1      At the Saxton Field Committee meeting on 8 August 2018 the following resolutions were passed:

Moved Cr Maling/Cr Dahlberg

SFC18-08-3

That the Saxton Field Committee:

1.  receives the Summerset: Proposed Water Easement over part of Saxton Field RSF18- 08-03 report and its attachment; and

2.  notes the recommendation to Nelson City Council to grant the easement in gross over the area generally shown in red on the plan (A2019437) of Saxton Field with all legal costs associated with the easement to be met by Summerset Villages (Richmond) Limited; and

3.  notes the recommendation to Nelson City Council confirming 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.

CARRIED

2.2      Easements on Saxton Field require initial approval from the Saxton Field Committee, subject to final consent from the appropriate Council, in this case Nelson City Council via the Hearings Panel - Other.

2.3      In the case of reserves vested in Council as the administrating body, the Reserves Act (1977) enables the Council to grant an easement for specified purposes, including the supply of water to any other land not forming part of the reserve, subject to the consent of the Minister of Conservation. The Hearings Panel – Other has been delegated the administering body powers. The Minister’s powers to grant consent have been delegated to Council. 

3.       Recommendation

That the Hearings Panel - Other

Receives the report Summerset: Proposed Water Easement over Part of Saxton Field (R9622) and its attachments (A2029586 and A2029595); and

Grants the easement in gross over the area shown in red on the plan (A2019437) of Saxton Field with all legal costs associated with the easement to be met by Summerset Villages (Richmond) Limited.

Recommendation to Council

That the Council

Confirms the easement in gross over the area shown in red on the plan (A2019437) of Saxton Field be agreed to under section 48(1)(d) of the Reserves Act 1977, acting pursuant to a delegation from the Minister of Conservation.

4.       Background

4.1      The report to Saxton Field Committee and minutes from 8 August 2018 are attached (A2029586 and A2029595).

Author:          Peter Hunter, Team Leader Property

Attachments

Attachment 1:  A2029586 SFC Summerset proposed water easement over part of Saxton Field ⇩

Attachment 2:  A2029595 Saxton Field Committee Minutes 08Aug2018 ⇩

Important considerations for decision making

1.   Fit with Purpose of Local Government

The water supply pipeline that will lie within this easement will enable the development of further housing in the area of Saxton Field and contribute to community resilience.

2.   Consistency with Community Outcomes and Council Policy

Supports community outcomes –

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

       needs

       Our communities are healthy, safe, inclusive and resilient

3.   Risk

Low risk of adverse consequences.

4.   Financial impact

The costs of securing the easements will be met by Summerset Villages (Richmond) Limited as the beneficiaries of the easement.

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 engagement with Māori has been undertaken in preparing this report

7.   Delegations

The Hearings Panel – Other has the following delegations to consider  a recommendation from Saxton Field Committee for an easement in Saxton Field –

·      The power to administer the administering body functions under section 48 of the Reserves act 1977 on proposed rights of way and other easements on reserves vested in Council.

Item 7: Summerset: Proposed Water Easement over Part of Saxton Field: Attachment 1

Item 7: Summerset: Proposed Water Easement over Part of Saxton Field: Attachment 2