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
1. Apologies
Nil
2. Confirmation of Order of Business
3.1 Updates to the Interests Register
3.2 Identify any conflicts of interest in the agenda
Document number M4242
Recommendation
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. |
6. Chairperson's Report
7. Cawthron Reserve (Cawthron Crescent) - Wastewater Easement 12 - 19
Document number R10144
Recommendation
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
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
Recommendation
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:
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 |
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 |
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) |
Note:
· This meeting is expected to continue beyond lunchtime.
· Lunch will be provided.
· 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
Minutes of a meeting of the Sports and Recreation Committee
Held in the Council Chamber, Civic House, 110 Trafalgar Street, Nelson
On Thursday 23 May 2019, commencing at 1.07p.m.
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.
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. |
McGurk/Dahlberg Carried |
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
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. |
Courtney/McGurk Carried |
8. Sports and Recreation Committee Quarterly Report to 31 March 2019
Document number R10102, agenda pages 25 - 49 refer.
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). |
McGurk/Walker Carried |
9. Exclusion of the Public
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: |
Barker/Courtney 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 - 6 March 2019 |
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 |
2 |
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 |
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 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
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. |
Barker/Fulton Carried |
11. Sports and Recreation Committee Public Excluded Status Report
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. |
Fulton/Barker Carried |
12. Re-admittance of the Public
Resolved SPO/2019/021 |
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That the Sports and Recreation Committee 1. Re-admits the public to the meeting. |
Courtney/Walker Carried |
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 |
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
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
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. |
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.
Option 1: Grant the easement |
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Advantages |
· Council infrastructure protected and easily accessible for repairs · Upgraded wastewater services for the Wakatu catchment · Supports future development in the catchment |
Risks and Disadvantages |
· Short term disruption to public enjoyment of Cawthron Crescent during installation and repairs |
Option 2: Decline the easement |
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Advantages |
· No works located in Cawthron Reserve · No disruption to public use of the Reserve |
Risks and Disadvantages |
· 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 |
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 ⇩
Important considerations for decision making |
1. Fit with Purpose of Local Government The decision facilitates wastewater infrastructure and increased sewer capacity for the Nelson community. |
2. Consistency with Community Outcomes and Council Policy Our infrastructure is efficient, cost effective and meets current and future needs. |
3. Risk Low risk of adverse consequences. |
4. Financial impact Costs for the easement and physical works over Cawthron Reserve are within the budget for the Gracefield Sewer Diversion project. |
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. |
6. Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing this report. |
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 |
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 |
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
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 ⇩
Important considerations for decision making |
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. |
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 |
3. Risk Approval of Council’s submission is of low risk to Council because the submission primarily endorses the LGNZ and LAPA submission. |
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. |
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. |
6. Inclusion of Māori in the decision making process No engagement with Māori has been undertaken in preparing this report. |
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