Item 5: Deliberation on
the proposed classification of Greenmeadows Reserve
Classification of Greenmeadows Panel
27
May 2020
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. Deliberation on the
proposed classification of Greenmeadows Reserve 3 - 19
Document number R14789
Recommendation
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That
the Classification of Greenmeadows Panel
1. Receives
the report Deliberation on the proposed classification of Greenmeadows
Reserve (R14789) and its attachments
(A2097295, A2084230 and A2140227); and
2. Confirms that the Chair
should prepare a report recommending that the Council:
Approves
the classification of part of Greenmeadows (being part of Record of Title
NL114/188) as shaded orange in Attachment 1 (A2097295) as Local Purpose
(Community Purposes) Reserve under s23 of the Reserves Act 1977; and
Approves
the classification of part of Greenmeadows (being part of Record of Title
NL114/188) as shaded red in Attachment 1 (A2097295) as Local Purpose (Road)
Reserve under s23 of the Reserves Act 1977.
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Classification of Greenmeadows Panel
7 April 2020
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REPORT R14789
Deliberation
on the proposed classification of Greenmeadows Reserve
1. Purpose
of Report
1.1 To
consider Council’s proposal to classify parts of Greenmeadows Reserve and
provide a recommendation on this matter to Council.
2. Recommendation
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That the Classification of Greenmeadows Panel
1. Receives
the report Deliberation on the proposed classification of Greenmeadows
Reserve (R14789) and its attachments
(A2097295, A2084230 and A2140227); and
2. Confirms that the Chair
should prepare a report recommending that the Council:
Approves
the classification of part of Greenmeadows (being part of Record of Title
NL114/188) as shaded orange in Attachment 1 (A2097295) as Local Purpose
(Community Purposes) Reserve under s23 of the Reserves Act 1977; and
Approves
the classification of part of Greenmeadows (being part of Record of Title
NL114/188) as shaded red in Attachment 1 (A2097295) as Local Purpose (Road)
Reserve under s23 of the Reserves Act 1977.
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3. Background
3.1 Nelson
City Council intends to prepare a reserve management plan for sportsgrounds
within its district. However, the Reserves Act 1977 (the Act) requires that all
reserve lands be classified for their primary purpose before this process can
be undertaken.
3.2 Once
classified, reserves may generally only be used for the primary purpose for
which they are classified, in accordance with the requirements of the Act. It
is possible for different parts of the same reserve to be classified for
different purposes. Once classifications have been approved for all of
Greenmeadows, staff will arrange for a Survey Office Plan depicting the
classifications to be prepared to enable the classifications to be gazetted and
recorded against the relevant titles.
Greenmeadows – legal
status
3.3 Parts
of two titles of land (Records of title NL114/188 and 473412) together make up
Greenmeadows, as shown in Attachment 1. The purple dotted line shows the
boundaries of NL114/188 and the blue dotted line shows the boundaries of 473412.
The black dotted line shows what is treated as boundaries of Greenmeadows and
Isel Park.
3.4 Nearly
all of NL114/188 is within the Greenmeadows Reserve boundary, with a small part
being outside the boundary on the edge of Songer Street and Main Road Stoke and
used as footpath, and a small part being outside the northern boundary of
Greenmeadows and being treated as part of Isel Park. Part of 473412 is within Greenmeadows boundary and the
remainder is within Isel Park boundary. Both titles are Reserves Act land and
are yet to be formally classified under the Act.
3.5 Prior
to Greenmeadows (both titles) being transferred to Council, the land was owned
by the Crown and was part of the Stoke Domain. The land (Part Section 50
District of Suburban South and defined on DP 4585 further described in Record
of Title NL114/188 and Lot 46 DP 5508 part sections 49 and 50 further described
in Record of Title 473412) was deemed to be recreation reserve subject to Part
2 of the Reserves and Domains Act 1953 and vested in the “Mayor,
Councillors and Citizens of the City of Nelson” in trust for recreational
purposes pursuant to a Gazette Notice published on 20 October 1966. When
the Reserves and Domains Act 1953 was repealed by the Act, the land became reserve
subject to the Act.
3.6 At
its meeting on 13 December 2018, Council approved the classification as
recreation reserve of those parts of Greenmeadows and Isel Park used for
recreation purposes as shaded green on Attachment 1 (A2097295) (which did
not require public notification) and approved public notification for the parts
of Greenmeadows Reserve and Isel Park still requiring classification of their
primary purpose being;
3.6.1 the
area the Greenmeadows Centre is located on, being part of Record of Title
NL114/188 and proposed to be classified as Local Purpose (Community Purposes)
Reserve as shaded orange in Attachment 1 (A2097295),
3.6.2 a
small section of land running along the Songer Street and Main Road Stoke
boundaries, being part of Record of Title NL114/188 as proposed to be
classified as Local Purpose (Road) Reserve as shaded red in Attachment 1
(A2097295).
3.7 At
the same meeting Council resolved that it:
Delegates
a Greenmeadows Reserve Hearings Panel, as a subcommittee of Council, authority
to consider, hear and deliberate on submissions or objections on the proposed
Local Purpose (Community Purposes) Reserve and Local Purpose (Road) Reserve
classifications; and
Appoints three
members to the Greenmeadows Reserve Hearings panel; being an independent member
(Chairperson), the Chair of the Sports and Recreation Committee and the Chair
of the Community Services Committee; and
Delegates
to the Chief Executive the authority to appoint the independent member
(Chairperson) of the Greenmeadows Reserve Hearings Panel; and
Approves
the Terms of Reference in Attachment 2 (A2084230) for the Greenmeadows Reserve
Hearings Panel to consider, hear and deliberate on the proposed Local Purpose
(Community Purposes) Reserve and Local Purpose (Road) Reserve; and
Agrees
that the public notification processes are initiated within 18 months.
3.8 As
noted in paragraph 3.6, the Council resolved at its 13 December 2018 meeting to
classify part of the Greenmeadows Reserve and Isel Park as Recreation Reserve,
as shaded green in Attachment 1. This decision was made on the basis that the
classification of this part was consistent with the existing purpose of the Reserve
and therefore, public notice was not required in accordance with section
16(5)(a)of the Act. This includes the area where the sports fields and
tennis courts are located.
3.9 A
copy of the full set of Council resolutions from the 13 December 2018 meeting,
noting that these were proactively released, is attached (A2140227).
3.10 The
Panel now needs to decide whether it will recommend that Council approve the
proposed classification, or not.
4. Discussion
Public
notification
4.1 The
Act sets out the process for classification of reserves. The process requires
public notification of the proposed classification for one month (or longer if
over the Christmas holiday period), the right for objectors/submitters to be
heard and consideration of these views before Council makes its final decision.
4.2 Council
gave public notice of its intention to classify part of Greenmeadows Reserve on
11 December 2019 and, as the notification was over the Christmas period, the
consultation period ran to 12 February 2020. The public notice was advertised
in the December 2019 edition of Our Nelson, and on Council’s website
including Shape Nelson. Copies of the proposal were also made available at
Council’s Customer Service Centre, Nelson’s public libraries and
the Greenmeadows Centre. Additionally, the five tenant groups of the Centre
were advised and given the opportunity to raise questions with staff.
4.3 No
objections/submissions were received on the proposed classification, therefore
no hearings of objectors/submitters was required to be undertaken by the Panel.
4.4 The proposed classification for these two
areas is discussed below, and outlined in the map in Attachment 1.
Proposal to classify part of Greenmeadows Reserve as
Local Purpose (Community Purposes) Reserve.
4.5 The
Panel needs to consider any public submissions or objections with an open mind
and consider any reasonable alternatives to the proposed classification.
4.6 No
submissions/objections were received on Council’s proposal to classify
parts of Greenmeadows Reserve as Local Purpose (Community Purposes) Reserve (as
shaded orange in Attachment 1).
4.7 The
reason for the proposed classification as Local Purpose (Community Purposes)
Reserve is that this part of Greenmeadows now has a wider community purpose
than purely recreation. For example, the newly constructed sports and community
facility is used by rugby, tennis, cricket as well as community group Stoke Seniors.
In addition the facility includes a commercial kitchen that has the ability to
be hired out. There is also a café at the facility. The broader use of
the facility is important as it allows for wider benefits to the Stoke
community to be realised.
4.8 As
the proposed classification provides for this type of broader use and no
alternative views were received by objectors/submitters staff recommend the
Panel approve a recommendation to Council for this part of Greenmeadows Reserve
to be classified as Local Purpose (Community Purposes) Reserve (as shaded
orange in Attachment 1).
Proposal to classify part of
Greenmeadows Reserve as Local Purpose (Road) Reserve.
4.9 The
Panel needs to consider any public submissions or objections with an open mind
and consider any reasonable alternatives to the proposed classification.
4.10 No
submissions/objections were received on Council’s proposal to classify
parts of Greenmeadows Reserve as Local Purpose (Road) Reserve (as shaded red in
Attachment 1).
4.11 The
reason it has been proposed to classify this part as Local Purpose (Road)
Reserve is that this small section of land has been identified as within the
title for the reserve but is currently being used as footpath/
road/parking. This use is also intended to continue for the future. The current
roading use is due to the road being widened at some point and part of the
reserve (approximately 0.1730 hectares) being converted to footpath and parking.
4.12 Reserve land that is being managed as road
should not be classified for recreation or community purposes, given its
primary purpose is roading. It is preferable to classify it as Local Purpose
(Road) Reserve and this is therefore what staff recommend for this piece of
land.
4.13 An alternative approach, to ensure that
the land used for roading purposes is not classified for an inconsistent
purpose, would be to vest the land as road under section 114 of the Public
Works Act 1981. However, that would involve obtaining approval from the
Minister of Conservation and the ultimate decision maker would be the Minister
for Land Information rather than the Council. Given that the Council has
already engaged in a process to classify Greenmeadows Reserve, it is considered
that classifying this piece of land as Local Purpose (Road) Reserve is the most
efficient and cost-effective resolution for this issue.
4.14 Once a decision has been made to classify
the land for this purpose, Council could then decide whether to make a
resolution under s111 of the Reserves Act to dedicate the reserve as road. This
would be considered following completion of its classification, and would
result in the land being vested as legal road, no longer subject to the Act.
5. Options
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Option 1: Status quo - do not
classify the parts of the Reserve
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Advantages
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· None
known
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Risks and Disadvantages
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· This
option would create ongoing legal risk as classification of the reserve for
its primary purpose is a requirement of the Act
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Option
2: Recommend to Council to:
1) Classify the part of Greenmeadows (being part of
Record of Title NL114/188) as shaded orange in Attachment 1 (A2097295) as
Local Purpose (Community Purposes) Reserve under s23 of the Reserves Act
1977; and
2)
Classify the part of Greenmeadows (being part of Record of Title NL114/188)
as shaded red in Attachment 1 (A2097295) as Local Purpose (Road) Reserve
under s23 of the Reserves Act 1977.
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Advantages
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· Enables
Council to appropriately classify parts of the Reserve that is consistent
with their current and future intended use
· Addresses
any ongoing legal risks associated with this land not being formally
classified
· Enables
Council to progress development of a Sportsgrounds Reserve Management
Plan
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Risks and Disadvantages
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· None
known
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Option
3: Make another recommendation to Council for example to classify these parts
as Recreation Reserve
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Advantages
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· None
known
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Risks and Disadvantages
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· Council
would need to re-consider the mix of community and sporting uses at the
facility to ensure that the primary purpose of the facility was for
recreation only
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6. Next
steps
6.1 Following
deliberations, the Chair will prepare a report with recommendations to Council
and this, together with a covering report from officers, will be considered by
Council at its meeting on 25 June 2020.
6.2 Once
the decision is made by Council to classify the parts of the Reserve as noted
in this report, then staff will proceed with preparation of a final survey plan
to be approved by LINZ, place a notice in the New Zealand Gazette for all the
areas of Greenmeadows being classified and register the Gazette notice against
the relevant Records of Title.
7. Conclusion
7.1 Having
deliberated, the Panel now needs to make its recommendation to Council. Staff
support option two, that the Panel recommend to Council that it approves the
classification as consulted on.
Author: Gabrielle
Thorpe, Policy Adviser
Attachments
Attachment 1: A2097295
- Map of areas at Greenmeadows Reserve proposed to be classified ⇩
Attachment 2: A2084230
- Terms of Reference - Greenmeadows Reserve Hearings Panel ⇩
Attachment 3: A2140227
- Resolutions from the 13 December 2018 Council meeting - proactively released ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
Classifying Greenmeadow’s Reserve fits with
the purpose of local government as a regulatory function of the Reserves Act
1977 which requires Reserves to be classified according to their primary
purpose.
Classification will also enable Council to continue
with the development of a Sportsgrounds Reserves Management Plan which, under
s.41, is also a requirement of that Act.
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2. Consistency
with Community Outcomes and Council Policy
Classification as proposed in this report as well as
development of a Sportsgrounds Reserve Management Plan will support the
Community Outcome;
Our communities have access to a range of social,
educational, and recreational facilities and activities.
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3. Risk
Consultation has been carried out to determine the
community’s views on the proposals. As no objections/submissions were
received the risk that the recommendations and decision making process is not
supported by some stakeholders or objectors is considered minor. There is a
legal risk if the Reserve remains unclassified as to its current use.
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4. Financial
impact
There is a cost to complete the survey plan for the
Greenmeadows Reserve as well as to place the appropriate Gazette notices and
attend to registration against titles. This cost will be met under existing
budgets.
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5. Degree
of significance and level of engagement
The decision to classify the reserve is of low
significance. The reserve is not a strategic asset and there will be no
change to the use of the reserve as a result of the classification proposed.
The community was provided the opportunity to provide input however no input
was received.
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6. Climate
Impact
Climate impact has no bearing on the proposal to
classify the parts of Greenmeadows Reserve as set out in this report.
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7. Inclusion
of Māori in the decision making process
No engagement with Māori has been undertaken in
preparing this report.
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8. Delegations
The Greenmeadows Reserve Hearings Panel, as a
subcommittee of Council, has authority to consider, hear and deliberate on
submissions or objections on the proposed Local Purpose (Community Purposes)
Reserve and Local Purpose (Road) Reserve classifications.
Following consideration of submission or
objections, the Panel has the power to recommend to Council, as per the
Panel’s Terms of Reference (A2084230):
· Whether or not
to classify part of the reserve as Local Purpose (Community Purposes) Reserve
or some other specific local purpose raised by submissions or objections.
· Whether or not
to classify part of the reserve as Local Purpose (Road) Reserve or some other
specific local purpose raised by submissions or objections.
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