AGENDA
Ordinary meeting of the
Sports and Recreation Committee
Tuesday 2 July 2019
Commencing at 9.00a.m.
Council Chamber
Civic House
110 Trafalgar Street, Nelson
Pat
Dougherty
Chief
Executive
Membership: Councillor Tim Skinner (Chairperson), Her
Worship the Mayor Rachel Reese, Ian Barker, Mel Courtney, Bill Dahlberg (Deputy
Chairperson), Kate Fulton, Brian McGurk and Stuart Walker
Quorum: 4
Nelson
City Council Disclaimer
Please
note that the contents of these Council and Committee Agendas have yet to be
considered by Council and officer recommendations may be altered or changed by
the Council in the process of making the formal Council decision.
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.
Sports and Recreation
Committee
2
July 2019
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 23
May 2019 6 - 11
Document number M4242
Recommendation
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That the Sports and Recreation Committee
1. Confirms the minutes of the meeting
of the Sports and Recreation Committee, held on 23 May 2019, as a true and
correct record.
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6. Chairperson's Report
7. Cawthron Reserve
(Cawthron Crescent) - Wastewater Easement 12 - 19
Document number R10144
Recommendation
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That
the Sports and Recreation Committee
1. Receives
the report Cawthron Reserve (Cawthron Crescent) - Wastewater Easement (R10144) and its attachments (A2194740).
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Recommendation to Council
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That the Council
1. Grants the easement in gross,
meaning granting the easement to Nelson City Council rather than to property,
in favour of Nelson City Council over the area shown in red on the plan
(A2194740) of Cawthron Reserve (NL2C/108) for wastewater purposes.
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8. Council submission
on the Proposal to Revoke Certain Delegations under the Reserves Act 1977 20 - 37
Document number R10254
Recommendation
|
That
the Sports and Recreation Committee
1. Receives
the report Council submission on the Proposal to Revoke Certain Delegations
under the Reserves Act 1977 (R10254)
and its attachments (A2187890, A2203010 and A2203015); and
2. Approves retrospectively the
attached Nelson City Council submission on the proposal to revoke certain
delegations to councils for decisions relating to the Reserves Act 1977 (A2187890).
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Public Excluded Business
9. Exclusion of the Public
Recommendation
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That
the Council
1. Confirms, in accordance with sections
48(5) and 48(6) of the Local Government Official Information and Meetings Act
1987, that (Rod Baxendine from Telfor Young, Valuers), remain after the
public has been excluded, for Item 3 of the Public Excluded agenda (Land
Purchase - Grampians Extension, Brook Valley), as he has knowledge relating
to the valuation that will assist the meeting.
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Recommendation
That the Sports
and Recreation Committee
1. Excludes the public from the following
parts of the proceedings of this meeting.
2. 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
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General subject of each matter to be
considered
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Reason for passing this resolution in
relation to each matter
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Particular interests protected (where
applicable)
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1
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Land Purchase - Grampians Extension, Brook Valley
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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
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The withholding of the information is necessary:
· Section 7(2)(a)
To protect the privacy of
natural persons, including that of a deceased person
· Section
7(2)(i)
To enable the local
authority to carry on, without prejudice or disadvantage, negotiations
(including commercial and industrial negotiations)
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Note:
·
This meeting is expected to continue beyond lunchtime. (delete as appropriate)
·
Lunch will be provided. (delete as appropriate)
·
Youth Councillors Nathan Dunn and Hailey Potts will be in
attendance at this meeting. (delete as appropriate)
Sports and Recreation Committee
Minutes - 23 May 2019
Present: Councillor
T Skinner (Chairperson), Her Worship the Mayor R Reese, I Barker, M Courtney, B
Dahlberg (Deputy Chairperson), K Fulton, B McGurk and S Walker
In
Attendance: Councillors M Lawrey and M Rutledge, Chief
Executive (P Dougherty), Group Manager Community Services (R Ball), Governance
Adviser (E-J Ruthven), and Youth Councillors (R Martyn and H Smith)
The meeting was adjourned from
1.07p.m to 1.11p.m
1. Apologies
There were no apologies.
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 6
March 2019
Document number M4082, agenda
pages 6 - 10 refer.
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Resolved SPO/2019/012
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That the Sports and
Recreation Committee
1. Confirms the minutes of the meeting
of the Sports and Recreation Committee, held on 6 March 2019, as a true and
correct record.
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McGurk/Dahlberg Carried
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6. Chairperson's Report
The
Chairperson gave a verbal update, through which he acknowledged members of the
community for submissions to the Annual Plan 2019/20.
He
also thanked Sports Codes for their understanding and willingness to manage the
restrictions on the use of many of Council’s sports fields during drought
conditions, and while sports fields were rehabilitated following the drought.
7. Fees and Charges
relating to Sports and Recreation 2019/20
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Document number R10236, agenda pages 11 - 24 refer.
Manager Parks and Facilities,
Rosie Bartlett, and Parks and Facilities Asset Analyst, Jane Loughnan,
presented the report.
Ms Bartlett and Ms Loughnan
answered questions regarding the fees and charges proposed for circus events,
the distinction between commercial and community events and how this was
applied, the two-year Consumer Pricing Index (CPI) increased proposed for the
marina pending the outcome of a revaluation of marina assets, the Revenue and
Financing Policy recovery targets for premier venues, and the use of CPI to
inform fees and charges increases, rather than the Local Government Cost
Index.
Discussion took place and
questions were answered regarding whether the Revenue and Financing
Policy’s performance targets of 90-100% cost recovery for campgrounds
was appropriate in relation to the Brook Camp. It was noted that the
management of the Brook Camp would be the subject of an upcoming workshop
regarding management options for campgrounds.
During discussion regarding the proposed fees and charges
for Trafalgar Park, Mr Ball answered questions regarding flexibility in considering
large-scale or multi-day events, with the ability to negotiate both increases
and decreases in daily fees in appropriate circumstances.
Attendance: Councillor Fulton left the meeting from 2.04p.m.
to 2.11p.m.
There was a further discussion regarding the management
contract held by contractors for Council’s venues, and the separate
fees and charges arising as a result of this. Committee members
expressed frustration that organisations hiring Council venues often
requested a reduction in hireage fees, in order to make the overall cost of
hiring Council venues affordable.
In response to questions, Chief Executive, Pat Dougherty,
noted the proposal through the Annual Plan to create a Council fund to which
organisations could apply for a reduction in Council venue hireage fees to
ensure transparency in this area. It was noted that a workshop
regarding Council venue management options was being scheduled.
Attendance: Her Worship the Mayor left the meeting from
2.19p.m. to 2.21p.m.
Councillor Courtney, seconded by Councillor McGurk, moved
the recommendations in the officer report. Following further
discussion, and with the agreement of the meeting, the wording of the
recommendation to Council was amended to:
That the Council
1. Approves the proposed fees
and charges as per Attachment 1 (A2157708) of Report 10236, effective from 1
July 2019, with the exception of the fees and charges relating to the Brook
Camp.
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Resolved SPO/2019/013
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That the Sports and Recreation Committee
1. Receives the report Fees and Charges relating
to Sports and Recreation 2019/20 (R10236)
and its attachment (A2157708).
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Courtney/McGurk Carried
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Resolved SPO/2019/014
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That the
Council
1. Approves
the proposed fees and charges as per Attachment 1 (A2157708) of Report 10236,
effective from 1 July 2019, with the exception of the fees and charges
relating to the Brook Camp.
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Courtney/McGurk Carried
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8. Sports and
Recreation Committee Quarterly Report to 31 March 2019
Document number R10102, agenda
pages 25 - 49 refer.
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Manager Parks and Facilities, Rosie Bartlett, Parks and
Facilities Asset Analyst, Jane Loughnan, and Property and Facilities Asset
Planner, Paul Harrington, presented the report.
Ms Bartlett explained that the reference to the Annual
Residents Survey on page 36 should refer to it being carried out in the
fourth quarter. It was further noted that the reference to Codgers Mountain
Bike Park, on page 26, should be to Codgers Trails.
Ms Loughnan answered questions regarding the business case
currently underway for the Sea Sports building at the marina, including
potential years for construction, and Ms Bartlett answered questions
regarding the marina hardstand project.
Attendance: Councillor Fulton left the meeting from
2.34p.m. to 2.35p.m.
Ms Bartlett, Mr Harrington and Ms Loughnan answered
further questions regarding the effect of the February fires on native
plantings and subsequent replanting undertaken, the Rutherford Park
playspace, and levels of service and performance indicators for the Trafalgar
Centre, including event and patronage targets.
Attendance: Councillor Walker left the meeting from
2.42p.m. to 2.43p.m. Councillor McGurk left the meeting from 2.43p.m. to 2.45p.m,
and Her Worship the Mayor left the meeting at 2.46p.m.
Ms Loughnan answered further questions regarding progress
on the proposed Water Sports building at the marina, and the proposed
timeframe for consultation on Reserve Management Plans.
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Resolved SPO/2019/017
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That
the Sports and Recreation Committee
1. Receives the report Sports and Recreation
Committee Quarterly Report to 31 March 2019 (R10102) and its attachments (A2173517 and A2175406).
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McGurk/Walker Carried
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9. Exclusion
of the Public
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Resolved SPO/2019/018
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That the Sports and Recreation Committee
1. Excludes
the public from the following parts of the proceedings of this meeting.
2. 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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Barker/Courtney Carried
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Item
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General subject of each matter to be
considered
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Reason for passing this resolution in
relation to each matter
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Particular interests protected (where
applicable)
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1
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Sports and Recreation Committee Meeting - Public
Excluded Minutes - 6 March 2019
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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.
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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
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2
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Sports and Recreation Committee Public Excluded
Status Report
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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
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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
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The meeting went into public excluded session at 2.57p.m.
and resumed in public session at 3.01p.m.
Please note that, as no decisions were made in
public excluded aside from the confirmation of minutes and receipt of the
public excluded Status Report, the record of the public excluded part of the
meeting has been included in the public minutes.
10. Confirmation of Minutes -
Public Excluded
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6 March 2019
Document number M4084, public
excluded agenda pages 4 – 7 refer.
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Resolved SPO/2019/019
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That the Sports and Recreation Committee
1. Confirms
the minutes of part of the meeting of the Sports and Recreation Committee,
held with the public excluded on 6 March 2019, as a true and correct record.
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Barker/Fulton Carried
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11. Sports and Recreation Committee
Public Excluded Status Report
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Document number R10196, agenda
pages 8 0 10 refer.
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Resolved SPO/2019/020
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That the Sports and Recreation Committee
1. Receives
the report Sports and Recreation Committee Public Excluded Status Report
(R10196) and its attachment
(A1661548); and
2. Agrees that the report Sports and
Recreation Committee Public Excluded Status Report (R10196), and Attachment (A1661548) be excluded from public release at this time.
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Fulton/Barker Carried
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12. Re-admittance of the Public
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Resolved SPO/2019/021
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That the Sports and Recreation Committee
1. Re-admits
the public to the meeting.
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Courtney/Walker Carried
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There being no further business the meeting ended at 3.01pm.
Confirmed as a correct record of proceedings:
Chairperson
Date
Item 7: Cawthron
Reserve (Cawthron Crescent) - Wastewater Easement
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Sports and Recreation Committee
2 July 2019
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REPORT R10144
Cawthron
Reserve (Cawthron Crescent) - Wastewater Easement
1. Purpose
of Report
1.1 To
approve the granting of an easement to Nelson City Council (Council) over
Cawthron Reserve for wastewater infrastructure, subject to Council consent.
2. Summary
2.1 Council’s
Gracefield Sewer Diversion project is a multi-year project to upgrade sewer infrastructure
between the Wakatu catchment and Quarantine Road. This was approved in the
2016/17 Annual Plan and subsequently included in the Long Term Plan 2018-28.
2.2 The
project requires a connection between Whakatu Drive and Cawthron Crescent. In
order to keep the wastewater infrastructure in Council control an easement
through the Council controlled Cawthron Reserve is planned, subject to Council
approval.
2.3 Cawthron
Reserve is not a reserve under the Reserves Act 1977 and is not deemed a
Reserve due to any Reserve Management Plan. It is held as a ‘park’
under the Local Government Act 2002 (LGA2002).
2.4 Granting
an easement to Council over Cawthron Reserve for wastewater infrastructure is
recommended.
3. Recommendation
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That the Sports and Recreation Committee
1. Receives
the report Cawthron Reserve (Cawthron Crescent) - Wastewater Easement (R10144) and its attachments (A2194740).
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Recommendation to Council
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That the
Council
1. Grants the easement in gross,
meaning granting the easement to Nelson City Council rather than to property,
in favour of Nelson City Council over the area shown in red on the plan
(A2194740) of Cawthron Reserve (NL2C/108) for wastewater purposes.
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4. Background
4.1 The
Gracefield Sewer Diversion project will address overflow problems on private
property in the Gracefield Street area and allow property developments to
proceed. Network capacity is currently constrained and this upgrade will
provide necessary pipe upgrades to accommodate catchment design flows for
future expected growth. It is a multi-year project with design currently
underway, tendering scheduled for late 2019 and construction to commence in the
second quarter of 2020.
4.2 The
project involves the installation of a 300mm diameter sewer gravity main
between a new manhole on Whakatu Drive (behind 16 Cawthron Crescent) to the
existing manhole at the corner of Quarantine Road and the Railway Reserve. The
pipeline runs from Whakatu Drive to Quarantine Road via Cawthron Crescent,
Stafford Avenue, Annesbrook Drive and Quarantine Road. (Attachment One.)
4.3 The
project requires a connection between Whakatu Drive and Cawthron Crescent.
There are no existing easements between the two roads that can be utilised. Any
other route between the two roads would require the purchase of property or
property rights. (Attachment Two.)
4.4 The
pipeline will also need to pass through two private properties between Cawthron
Crescent and Stafford Avenue. Initial discussions with the landowner (Office of
Treaty Settlements) have been positive and will proceed over the next few
months.
4.5 Allowing
the infrastructure to be installed in Cawthron Reserve will ensure that the
majority of the pipeline remains under Council control and protection and is
easily accessible for repairs and maintenance.
4.6 An
easement is required to record and protect the infrastructure under Cawthron
Reserve.
5. Discussion
Cawthron
Reserve
5.1 Cawthron
Reserve consists of 812 m2 of freehold land purchased before the Reserves Act
enactment in 1977. It has not been formally classified as a reserve and is not
deemed a Reserve due to any Reserve Management Plan. It is held as a
‘neighbourhood park’ under the Local Government Act 2002.
5.2 LGA2002
sec 138 (2) (a) definition of a park is –
land
acquired or used principally for community, recreational, environmental,
cultural, or spiritual purposes;
5.3 Council
has a stewardship role with regard to community amenities, such as parks, and
the public are unlikely to make a distinction between a reserve and a park.
However, unlike the Reserves Act the LGA2002 does not include criteria or a
process to consider and grant easements.
5.4 A
decision on the use of a park for a purpose inconsistent with LGA2002 sec 138
(2) (a) should be made in accordance with local government decision
making principles.
5.5 A
project to classify and Gazette a number of neighbourhood parks, including
Cawthron Reserve, as reserves under the Reserves Act may be undertaken in the
future, dependent on resources being available.
Impacts of
granting an easement
5.6 The
proposed wastewater easement will enable the construction of the Gracefield
Sewer Diversion Project.
5.7 The
proposed pipeline route has been designed to avoid damaging the mature trees on
the Whakatu Drive boundary of the Reserve or to the hedgerow on its northern
boundary and the infrastructure will be underground.
5.8 Public
notice will be given of the works in the Reserve; all appropriate health and
safety measures will be put in place to keep users of the Reserve safe while
the work is being undertaken, including the potential provision of an
alternative pathway and the Reserve will be left in a similar state at the
works completion as it was before the pipeline was installed.
5.9 Therefore
Cawthron Reserve is unlikely to be materially altered or permanently damaged by
allowing the easement; and the rights of the public in respect of the reserve are
unlikely to be permanently affected.
6. Options
6.1 The
options are to either grant the easement (recommended option) or to not grant
the easement through Cawthron Reserve.
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Option 1: Grant the easement
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Advantages
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· Council
infrastructure protected and easily accessible for repairs
· Upgraded
wastewater services for the Wakatu catchment
· Supports
future development in the catchment
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Risks and Disadvantages
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· Short
term disruption to public enjoyment of Cawthron Crescent during installation
and repairs
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Option 2: Decline the easement
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Advantages
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· No
works located in Cawthron Reserve
· No
disruption to public use of the Reserve
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Risks and Disadvantages
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· Private
landowners may also decline to grant an easement
· Council
unable to link wastewater services between Whakatu Drive and Cawthron
Crescent
· Wastewater
services lack capacity for future development and expected growth
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7. Conclusion
7.1 Once
completed the Gracefield Sewer Diversion project will provide an enhanced level
wastewater service for the Wakatu catchment.
7.2 Approval
of the easement in gross (granting rights to Nelson City Council rather than to
a property) to Nelson City Council to have a right to drain wastewater through
Cawthron Reserve enables Council to formalise access for the installation and
maintenance of the pipe.
8. Next
Steps
8.1 The
final design of the project is dependent on approval of the easement route and
gaining approval from the private landowners at 51 Cawthron Crescent and 3
Stafford Avenue. Once design work is completed the project will be tendered in
late 2019 with construction planned for the second quarter of 2020.
Author: Peter
Hunter, Team Leader Property
Attachments
Attachment 1: A2204302
- Gracefield Sewer Diversion Pipe Route - Indicative - 06Jun2019 ⇩
Attachment 2: A2194740
- Gracefield Sewer Diversion - Cawthron Reserve Pipe Route ⇩
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Important considerations
for decision making
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1. Fit
with Purpose of Local Government
The decision facilitates wastewater infrastructure and
increased sewer capacity for the Nelson community.
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2. Consistency
with Community Outcomes and Council Policy
Our infrastructure is efficient, cost effective and meets
current and future needs.
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3. Risk
Low risk of adverse consequences.
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4. Financial
impact
Costs for the easement and physical works over Cawthron
Reserve are within the budget for the Gracefield Sewer Diversion project.
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5. Degree
of significance and level of engagement
This matter is of low significance because it does not
materially affect or impact the public or Council’s use of Cawthron
Reserve.
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6. Inclusion
of Māori in the decision making process
No engagement with Māori has been undertaken in
preparing this report.
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7. Delegations
The Sports and Recreation Committee has the following
delegations to consider an easement across Cawthron Reserve -
Areas of Responsibility:
· Parks
and Reserves
· All
land and buildings relating to the areas of responsibility of the committee,
including the acquisition, lease, sale or disposal, maintenance, management
or development of any land or buildings
Powers to Recommend:
· Property
transactions for any land or buildings relating to the areas of
responsibility of the committee, including the acquisition, lease, sale or
disposal, maintenance, management or development of any land or buildings.
Powers to Decide:
· n/a
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Item 7: Cawthron Reserve (Cawthron Crescent) - Wastewater Easement:
Attachment 1
Item 7: Cawthron Reserve (Cawthron Crescent) - Wastewater Easement:
Attachment 2
Item 8: Council
submission on the Proposal to Revoke Certain Delegations under the Reserves Act
1977
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Sports and Recreation Committee
2 July 2019
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REPORT R10254
Council
submission on the Proposal to Revoke Certain Delegations under the Reserves Act
1977
1. Purpose
of Report
1.1 To
present the Council’s submission on the following topic for retrospective
approval:
· Proposal to
revoke certain delegations to Councils for decisions relating to the Reserves
Act 1977.
2. Recommendation
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That the Sports and Recreation Committee
1. Receives
the report Council submission on the Proposal to Revoke Certain Delegations
under the Reserves Act 1977 (R10254)
and its attachments (A2187890, A2203010 and A2203015); and
2. Approves retrospectively the
attached Nelson City Council submission on the proposal to revoke certain
delegations to councils for decisions relating to the Reserves Act 1977 (A2187890).
|
3. Background
3.1 Council’s
proforma submission on the above-mentioned topic was submitted in May 2019
subject to Council’s approval. A copy of the submission is
attached.
4. Discussion
4.1 The
Department of Conservation sought submissions on its proposal to revoke certain
delegations to councils for decisions relating to the Reserves Act 1977.
Council’s submission (Attachment 1) was in support of the comprehensive
submission made by Local Government New Zealand and the Local Authority
Property Association (Attachment 2 and Attachment 3).
4.2 The
submission also included additional Council comments on leases, easements,
concessions etc and the impact of the changes.
5. Options
5.1 The
Committee can approve the submission or decide not to approve. As it is not
possible to amend the submission at this stage, a decision not to approve the
submission will result in that submission being withdrawn.
6. Conclusion
6.1 Approval
of the attached submission is recommended.
Author: Mark
Tregurtha, Manager Strategy
Attachments
Attachment 1: A2187890 - Nelson
City Council submission on proposal to revoke delegations Reserves Act 1977 ⇩
Attachment 2: A2203010
- LAPA Final reponse to proposal to revoke certain delegations under the
Reserves Act 1977 ⇩
Attachment 3: A2203015
- LAPA Draft Table of Responses for DoC ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
The report supports Council’s ability to
influence central government policy and legislation that will impact on its
ability to deliver services to the community.
Furthermore, the retention of delegated powers by
Council under the Reserves Act 1977 enables Council to make decisions and
undertake actions for and on behalf of the Nelson community, as well as
undertake regulatory functions in a cost-effective way.
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2. Consistency
with Community Outcomes and Council Policy
The attached submission supports Council’s
ability to make decisions which contribute to the following community
outcomes:
· Our
unique natural environment is healthy and protected
· Our
communities have access to a range of social, educational and recreational
facilities and activities
· Our
Council provides leadership and fosters partnerships, a regional perspective,
and community engagement
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3. Risk
Approval of Council’s submission is of low
risk to Council because the submission primarily endorses the LGNZ and
LAPA submission.
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4. Financial
impact
The contents of the report does not result in any
financial impact. If the Minister of Conservation decides to revoke existing
delegations to councils, then there would be increased administration costs.
|
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5. Degree
of significance and level of engagement
The retrospective approval of the submission is of
low significance and community engagement has not been undertaken.
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6. Inclusion
of Māori in the decision making process
No engagement with Māori has been undertaken in
preparing this report.
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The Sports and Recreation Committee has the
following delegations to consider the submission.
Areas of Responsibility:
· Parks
and Reserves
Powers to Decide:
· Submissions
to external bodies relevant to the areas of responsibility
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Item 8: Council submission on the Proposal to Revoke Certain
Delegations under the Reserves Act 1977: Attachment 1
Item 8: Council
submission on the Proposal to Revoke Certain Delegations under the Reserves Act
1977: Attachment 2
Item 8: Council
submission on the Proposal to Revoke Certain Delegations under the Reserves Act
1977: Attachment 3
