Notice of the ordinary meeting of the
Hearings Panel - Other
Rōpū Rongonga – Aha atu anō
Agenda
Rārangi take
Chair Cr Gaile Noonan
Members Cr Yvonne Bowater
Cr
Tim Skinner
Pat
Dougherty
Chief
Executive
Nelson
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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.
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under delegated authority applications relating to the Dog Control Act 1996,
all matters relating to Temporary Road Closures pursuant to Schedule 10 Clause
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under legislation as determined by Council.
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Management may appoint one or more Independent Commissioners to either assist
the Hearings Panel - Other or to hear and determine any particular application,
such as when Council or a Council-Controlled Organisation or Council-Controlled
Trading Organisation is (or could be perceived to be) an interested party,
other than applications made for temporary road closure under Schedule 10
Clause 11(e) of the Local Government Act 1974.
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Decide:
The power to appoint a panel to hear
and determine with any other consent authority any application requiring a
joint hearing
The power to hear and recommend
appropriate actions from hearings of designations and heritage orders
The power to hear, consider and
attempt to resolve contested road stopping procedures
The power to consider and determine
applications for temporary road closures made under Schedule 10 Clause 11(e) of
the Local Government Act 1974
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matters arising from the administration of the Building Act 1991, and the
Building Act 2004
The power to hear and determine
objections to the classification of dogs, and all other procedural matters for
which a right of objection and hearing is provided for under the Dog Control
Act, 1996
The power to name all features within
the city requiring naming including roads, streets, service lanes, plazas,
parking areas, parks, reserves, gardens and all public facilities or
infrastructure, aside from those impacted by the Naming Rights and Sponsorship
Policy for Community Services Facilities
The power to provide advice to
applicants on appropriate names for private roads, rights of way or other legal
forms of private access to property
The power to make changes to the
schedules to the Parking and Vehicle Control Bylaw that do not require public
consultation
The power to hear submissions and
recommendations on proposed changes to the schedules to the Parking and Vehicle
Control Bylaw requiring public consultation
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 6: Te Manu Reserve
Stormwater Easement - Deliberations Report
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Hearings Panel - Other
10 June 2020
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REPORT R15908
Te
Manu Reserve Stormwater Easement - Deliberations Report
1. Purpose
of Report
1.1 To
consider the issues raised in submissions and objections on the proposed
easement in gross to drain water over Council Recreation Reserve and decide
whether to grant the easement, subject to the final consent of the Council
(acting as the Minister of Conservation’s delegate).
2. Summary
2.1 Officers
consider that it is necessary to increase the level of stormwater control in Te
Manu Reserve in order to protect the reserve and improve flood protection for
nearby residential properties on Emano Street.
2.2 Council
requires an easement over Te Manu Reserve in order to carry out the works.
2.3 Granting
the easement is best practice for the Council because it formalises the terms
of the easement granted to satisfy what rights are being provided and over what
area of the reserve land. If the infrastructure needed maintenance and that
part of the reserve is temporarily inaccessible to the public, the Council has
the legal documentation to permit this; and the registration of the easement on
the title provides public notice of the existence of the easement rights and
infrastructure if, for instance, another party requested an easement over the
reserve or the use of the reserve changed.
2.4 The
Council, as administering body of the reserve, may grant easements under
section 48(1) of the Reserves Act 1977 (RA) for specified purposes, including
drainage, subject to final consent of the Minister of Conservation. The
administering body functions have been delegated to the Hearing Panel –
Other. The Minister’s final consent role has been delegated to Council
(and cannot be sub-delegated).
2.5 In
this case the Hearings Panel - Other decided to public notify the proposed
easements prior to making any decision. The public notification process
took place between 4 March and 6 April 2020. No objections or submissions were
received.
3. Recommendation
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That the Hearings Panel - Other
1. Receives
the report Te Manu Reserve Stormwater Easement - Deliberations Report (R15908) and its attachments (A2329363); and
2. Grants the easement in gross,
meaning granting the easement to Nelson City Council, in favour of Nelson
City Council over the area shown in blue on the plan (A2329363) of Te Manu
Reserve (Lot 1 DP 4341), subject to final consent
of the Council (acting as the Minister of Conservation’s delegate).
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Recommendation to Council
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That the
Council
1. Consents to the easement in gross
in favour of Nelson City Council over the area shown in blue on the plan
(A2329363) of Te Manu Reserve (Lot 1 DP 4341) under
section 48(1) of the Reserves Act 1977, acting pursuant to a delegation from
the Minister of Conservation.
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4. Background
4.1 The
subject land was first set aside under the Land Act 1948 and at the same time
vested in the Council as reserve under the Reserves and Domains Act 1953 for
recreation purposes. The land is therefore a reserve administered under section
16(6) of the Reserves Act 1977 (RA), as if it were classified as recreation
reserve. Council adopted the name Te Manu Reserve in 2018
4.2 Te
Manu Reserve has been subject to slips in the past as stormwater from Matipo
Terrace was not piped or controlled and was simply discharged onto the slopes
of the Reserve. An open polyethylene channel approximately 20 metres long was
installed from Matipo Terrace into the Reserve sometime in the early 2000s.
This existing channel can be seen in Attachment One.
4.3 During
heavy rainfall in 2014 stormwater discharge from the open channel caused a slip
to occur on the Reserve leading to a large quantity of vegetation being carried
down to Emano Street. (Attachment One.)
4.4 Council
proposes to construct a rock lined channel to direct stormwater runoff from
Matipo Crescent through the Reserve to Emano Street
4.5 A
walking track linking Matipo Crescent to Emano Street will also be constructed
as part of the project. The design and exact location of this track have not
yet been finalised.
4.6 The
Council may grant easements under section 48(1) of the Reserves Act 1977 (RA)
for specified purposes, including to drain water.
4.7 The
Reserves Act 1977 sets out a two-step process to grant such easements. As the
administering body of the reserve, the Council makes the initial decision on
whether to grant an easement. This role has been delegated to the Hearings
Panel – Other. Final consent of the Minister of Conservation is then also
required. The Minister has delegated that final consent role to Council, but it
cannot be sub-delegated. Hence the requirement for the Hearings Panel –
Other to make an initial decision to grant the easement and then for the matter
to be referred to Council for final consent.
4.8 Before
granting any easement, the administering body must give public notice in
accordance with the requirements of sections 119 and 120 of the RA, unless it
determines that:
4.8.1 The
reserve is not likely to be materially altered or permanently damaged; and
4.8.2 The
rights of the public in respect of the reserve are not likely to be permanently
affected.
4.9 In
this case the Hearings Panel – Other decided to publicly notify the
proposed easements. The Hearings Panel – Other (HEA/2020/003) authorised
public notification of the proposed easements on 19 February 2020 –
That the
Hearings Panel – Other
1. Receives the report Te Manu Reserve - stormwater easement (R12563)
and its attachments (A2337197 and A2335791); and
2. Resolves to publicly notify the proposal to grant a stormwater
easement over Te Manu Reserve (Lot 1 DP 4341) in favour of Nelson City Council
under section 48 (1) and in accordance with the requirements of sections 119
and 120 of the Reserves Act 1977; and
3. Notes that officers will report back on the public notification
process to enable the Hearings Panel - Other to make a decision on the proposed
easement, subject to final consent of the Council (as the Minister of
Conservation’s delegate).
Sanson/McGurk
Carried
4.10 Public
notification was given via the Council website, the 4 March 2020 issue of Our
Nelson and a letter delivered to 80 properties bordering on the Reserve.
5. Discussion
5.1 The
Reserves Act 1977, requires the Hearings Panel - Other to give full
consideration to every objection or submission received before deciding to
proceed with the proposal (sec 120 (1) (d)).
5.2 The
public notification process took place between 4 March and 6 April 2020. The
community was notified of the proposal via Our Nelson (4 March 2020), the
Council’s Shape Nelson website and letter drops to approximately 80
neighbours of the Reserve.
5.3 No
objections or submissions were received by the deadline of 4.00 pm 6 April
2020.
5.4 In
addition the officer responsible for this project has also undertaken informal
engagement with neighbours of the Reserve on the stormwater controls and not
received any negative feedback.
5.5 Officers
have considered the effects of the Covid-19 lockdown on the public notification
process. The lockdown probably meant that people were hugely distracted, but
did not necessarily prevent them from being aware of the consultation and
submitting or at the very least seeking an extension.
6. Options
6.1 The
Hearings Panel - Other could decide to grant or not grant the proposed
easement. Granting the easement is the recommended option.
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Option 1: Approve the drainage
easement in gross to Nelson City Council
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Advantages
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· Formalises
the terms of the easement granted to satisfy what rights are being provided
and over what area of the reserve land
· If
the stormwater controls needed maintenance and that part of the reserve is
temporarily inaccessible to the public, the Council has the legal
documentation to permit this
· The
registration of the easement on the title provides public notice of the
existence of the easement rights and infrastructure if, for instance, another
party requested an easement over the reserve or the reserve was ever to be
sold or the use of the reserve changed
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Risks and Disadvantages
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· None identified
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Option
2: Decline the drainage easement in gross to Nelson City Council
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Advantages
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· Officer
time available for other projects
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Risks and Disadvantages
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· If
the easement is not granted then Nelson City Council will not be able to
proceed with the stormwater upgrade
· Community
dissatisfaction
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7. Conclusion
7.1 Reserves
Act 1977 consultation on a proposed easement in gross to Nelson City Council to
drain water over Te Manu Recreation Reserve (Lot 1 DP 4341) resulted in no
objections or submissions from the community.
8. Next
Steps
8.1 Subject
to final consent of the Council (acting as the Minster of Conservation’s
delegate) officers will, once construction is complete, arrange for a survey
plan of the occupation of the Reserve and registration of the easement on the Title.
Author: Antony
Hobbs, Manager Property Services
Attachments
Nil
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
The recommendation in this report is aligned with
the purpose of Local Government in enabling “democratic
decision-making and action by, and on behalf of, communities” as
it requires the consideration of the community’s feedback on the
granting of a drainage easements over Council administrated Recreation
Reserve. Granting the easement will allow Council to improve stormwater
controls in the Reserve.
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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
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3. Risk
The granting of an easement will ensure that Council
can access the stormwater infrastructure in the future for repairs and
maintenance and temporarily restrict the public’s access to that area
of the reserve.
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4. Financial
impact
The costs of securing the easements, and the
physical works, will be met by existing project budgets.
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5. Degree
of significance and level of engagement
This matter is of medium significance, based on previous
feedback regarding the importance of the Reserve to the local community. The
public notification required under section 48 (2) of the Reserves Act 1977
gave the community the opportunity to make their views known under the
Act’s section 119 process.
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6. Climate
Impact
Improving stormwater controls in Te Manu Reserve
will increase the capability to cope with additional or extreme rainfall
events.
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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 Hearings Panel – Other has the following
delegations to consider this matter –
· 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
Final consent for easements in reserves must be
given by the Minister of Conservation. The Minister has delegated this role
to Council and it cannot be sub-delegated. Any decision of the Hearings Panel
– Other to grant the proposed easements will therefore need to be
referred to Council for final consent.
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Hearings Panel - Other