Brook Reserve Hearings Panel Minutes - 27 November 2018
Minutes of a meeting of the Brook Reserve Hearings Panel
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Tuesday 27 November 2018 at 2.53p.m.
Present: Councillor K Fulton (Chairperson), Councillor L Acland and Councillor T Skinner
In Attendance: Group Manager Strategy and Communications (N McDonald), Manager Strategy (M Tregurtha), Senior Legal Adviser (F McLeod), Team Leader Governance (R Byrne) and Governance Adviser (J Brandt)
Apologies : Nil
1. Apologies
There were no apologies.
2. Confirmation of Order of Business
There was no change to the order of business
There were no updates to the Interests Register, and no interests with items on the agenda were declared.
4.1 1 November 2018
Document number M3864, agenda pages 5 - 8 refer.
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Resolved BRHP/2018/002 That the Brook Reserve Hearings Panel Confirms the minutes of the meeting of the Brook Reserve Hearings Panel, held on 1 November 2018, as a true and correct record. |
5. Brook Reserve - Deliberations on Classification and Road Stopping Processes
Document number R9723, agenda pages 9 - 26 refer.
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Resolved BRHP/2018/003 That the Brook Reserve Hearings Panel 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: |
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Item |
General subject of each matter to be considered |
Reason for passing this resolution in relation to each matter |
Particular interests protected (where applicable) |
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Brook Reserve - Deliberations on Classification and Road Stopping Processes |
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)(g) To maintain legal professional privilege |
The meeting went into public excluded session at 2.57p.m. and resumed in public session at 3.37p.m.
The meeting was adjourned at 3.37pm.
Minutes of a meeting of the Brook Reserve Hearings Panel
Reconvened in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson on Tuesday 12 December 2018, at 10.00a.m.
Present: Councillor K Fulton (Chairperson), Councillor L Acland and Councillor T Skinner
In Attendance: Group Manager Strategy and Communications (N McDonald), Manager Strategy (M Tregurtha), Team Leader Governance (R Byrne)
Apologies : Nil
5 Brook Reserve - Deliberations on Classification and Road Stopping Processes (reconvened)
Document number M3864, agenda pages 5 - 8 refer.
Councillor Fulton, Chair, welcomed members of the public to the meeting and updated the Committee on the previous hearing process when Council had notified the Draft Brook Recreation Reserve Management Plan during which the Department of Conservation had raised an issue with classification of the local purpose reserve as Recreation. Councillor Fulton confirmed that the meeting was to deliberate on the proposal to declare the stopped road as Local Purpose (Outdoor Leisure, Camping, Conservation and Education Reserve) and change the classification of the Local Purpose (Recreation) Reserve to Local Purpose (Outdoor Leisure, Camping, Conservation and Education Reserve). She also confirmed that she was not a member of the Brook Sanctuary Trust. The Chair further reminded the public gallery they were welcome to attend and listen but must not interrupt.
Proposal to declare stopped road Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve
Manager Strategy, Mark Tregurtha presented the report and advised a correction to paragraph 7.2, page 20, which noted that the Maitai pipeline did not run through the reserve, subsequent discussion with Council’s engineering team confirmed the pipeline did run through the reserve.
Mr Tregurtha answered questions on the road closure and clarified that stopping the road was a legal term and the road would continue to be used in its current state open to the public. He noted if the road remained a legal road reclassifying the reserve from Recreation to Outdoor Leisure, Camping, Conservation and Education would still be required. Additionally, any future planned work on pipes in the area would impact the road and the reserve and would require and applications to the Reserves Act as well as the Land Transport Act.
The meeting adjourned from 10.23.m. until 10.31a.m.
Mr Tregurtha answered questions on management of the reserve and confirmed that by making the area a reserve it did not cut off access and that there was no proposal for development that he was aware of. He noted the next step was to develop a comprehensive development plan and the public would have an opportunity to provide feedback on this in 2019.
Proposal to change the classification of the Local Purpose (Recreation) Reserve to Local Purpose (Outdoor Leisure, Camping, Conservation and Education Reserve)
Mr Tregurtha noted there were no submissions or objections to the words that were proposed. Supporters of the proposal noted that the reclassification demonstrated that the piece of land had opportunities for a number of users and the management plan could now look at making improvements.
He confirmed any commercial or tourism development would need to be to scale and go through Council processes and would need to comply with the Local Purpose (Outdoor Leisure, Camping, Conservation and Education Reserve) use.
Mr Tregurtha answered questions on whether a barrier could be put in place to stop traffic in the future; he confirmed that the intention was to maintain the road and that should a future Council want to close the reserve off this was counter-intuitive as it would affect access to the Brook Camp and Brook Sanctuary, however it would be a matter for public consultation.
The meeting adjourned from 11.35a.m. until 11.43 a.m. and from 11.44a.m. to 11.45a.m.
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Resolved BRHP/2018/005 That the Brook Reserve Hearings Panel Receives the report Brook Reserve - Deliberations on Classification and Road Stopping Processes(R9723) and its attachments (A2097629) and (A2097617); and Confirms that the Chair should prepare a report recommending that the Council: Declares the stopped road land as marked purple on Attachment 1 (A2097617) of report (R9723) to be vested in it as Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve under section 14 of the Reserves Act 1977, so as to amalgamate it into the adjoining reserve; and Approves the change in specified purpose of the Local Purpose (Recreation) Reserve as marked green on Attachment 2 (A2097629) of report (R9723) to Local Purpose (Outdoor Leisure, Camping, Conservation and Education) Reserve under section 24A of the Reserves Act 1977; and Delegates the authority to the Chief Executive to take the steps necessary to prepare and place notices in the Gazette in order to vest the stopped road land as reserve and change the specific local purpose of the Local Purpose Reserve; and Delegates the authority to the Chief Executive to take the steps necessary to complete the road stopping process under the tenth schedule of the Local Government Act 1974 and amalgamate the reserve. |
There being no further business the meeting ended at 12.01p.m
CONFIRMED AS A TRUE AND CORRECT RECORD BY THE CHAIRPERSON AND CHIEF EXECUTIVE UNDER STANDING ORDER 26.4:
Chairperson
Date
Chief
Executive Date