Classification of
Greenmeadows Panel
21
October 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. Public
Forum
5. Deliberation on the
proposed classification of Greenmeadows Reserve 4 - 22
Document number R18113
Recommendation
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That
the Classification of Greenmeadows Panel
1. Receives
the report Deliberation on the proposed classification of Greenmeadows
Reserve (R18113) and its
attachments (A2097295, A2084230, A2140227, A2437010, A2467600, A2451701); and
2. Confirms that the Chairperson
should prepare a report recommending that the Council:
Approves
the classification of part of the Greenmeadows Reserve (being part of Record
of Title NL114/188) as shaded orange on the map (Attachment 1) as Local
Purpose (Community Purposes) Reserve under s23 of the Reserves Act 1977; and
Approves the
classification of part of the Greenmeadows Reserve (being part of Record of
Title NL114/188) as shaded red on the map (Attachment 1) as Local Purpose
(Road) Reserve under s23 of the Reserves Act 1977.
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Classification of Greenmeadows Panel
21 October 2020
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REPORT R18113
Deliberation
on the proposed classification of Greenmeadows Reserve
1. Purpose
of Report
1.1 To
consider Council’s proposal to classify parts of the 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 (R18113) and its
attachments (A2097295, A2084230, A2140227, A2437010, A2467600, A2451701); and
2. Confirms that the Chairperson
should prepare a report recommending that the Council:
Approves
the classification of part of the Greenmeadows Reserve (being part of Record
of Title NL114/188) as shaded orange on the map (Attachment 1) as Local
Purpose (Community Purposes) Reserve under s23 of the Reserves Act 1977; and
Approves
the classification of part of the Greenmeadows Reserve (being part of Record
of Title NL114/188) as shaded red on the map (Attachment 1) 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 (Act) requires that reserve land 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. Following
approval of the classifications for the Greenmeadows Reserve, 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 Almost 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
another 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 and determined under section 16(5) of the Act that no public
notification of the classification was necessary. This decision was made
on the basis that the classification was consistent with the existing purpose
of the reserve. This includes the area where the sports fields and tennis
courts are located.
3.7 At
the same meeting, Council approved public notification of the proposed
classification for the following parts of Greenmeadows Reserve and Isel Park:
· the area on which the
Greenmeadows Centre is located, being part of Record of Title NL114/188 and
proposed to be classified as Local Purpose (Community Purposes) Reserve as
shaded orange on the map (Attachment 1); and
· 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 on the map (Attachment 1).
3.8 At
the same meeting, Council also 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.
3.9 A
copy of the full set of Council resolutions from the 13 December 2018 meeting,
noting that these were proactively released, is attached (Attachment 3).
3.10 The next step is for the Panel to decide whether
it will recommend that Council approve the proposed classification. The
Panel needs to consider any submissions or objections with an open mind and
consider any reasonable alternatives to the proposed classification.
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 and submitters to be heard and consideration
of these views before Council makes its final decision.
4.2 Council originally 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 until 12 February 2020. However, the map that was attached to the
notice (and subsequently considered by the Hearings Panel) was incomplete in relation to the land proposed to be classified as Local Purpose
(Road) Reserve.
4.3 As a result the
consultation process was repeated and a second public notice with the correct
map was published on 7 August 2020. The second consultation period closed
on 8 September 2020.
4.4 The second public notice was
published in the Nelson Mail and on Council’s website. Copies of
the notice were available at Council’s Customer Service Centre and
Nelson’s public libraries. The leaseholders at the Greenmeadows
Centre were advised of the proposal and given the opportunity to raise
questions with staff.
4.5 A copy of the notice is attached
(Attachment 4). The notice proposed classification of part of Greenmeadows
Reserve, shaded orange on the map (Attachment 1) as Local Purpose (Community
Purposes) Reserve and part of Greenmeadows Reserve shaded red on the map
(Attachment 1) as Local Purpose (Road) Reserve. Any person wishing to
make an objection or submission on the proposal was invited to write to
Council.
Summary of
submissions
4.6 No submissions or objections were
received during the first consultation period (11 December 2019 – 12
February 2020).
4.7 During the second consultation
period (7 August 2020 – 8 September 2020), one submission was
received. The submitter did not wish to speak to the submission. A
copy of the submission and the response provided are attached (Attachment 5 and
Attachment 6).
4.8 The submitter raised the following
points:
· why the process was
required, why the section marked red on the map was proposed to be classified
as road and whether Council was planning to change the boundary of the reserve
to allow vehicles or new parking?
· the consultation
material did not explain why the change in classification was required or
provide details about future plans
· the public and Stoke
residents adjoining the Park should have the opportunity to respond to any
proposed changes
· requested a response and
an explanation as to the intention behind the changes
4.9 The response confirmed that Council
intends to develop and consult on a Sportsground Reserve Management Plan to
ensure sportsgrounds are appropriately managed. However, prior to this
work being done, classification of all the land at Greenmeadows needs to be
completed so that the classification aligns with the way in which the land is
currently being used. This includes the section of land (marked as
red on the map) which is already being used as footpath, road or parking.
Given the current use (as footpath, road or parking) of this section, the
proposal is to classify it as Local Purpose (Road) Reserve; there are no
current plans to change how this section of land is used.
4.10 The response also explained that future plans
for the management of Greenmeadows, including the use of vehicles and parking,
would be outlined in the Sportsground Reserve Management Plan. The
process for developing this plan incorporates a high level of engagement and
consultation with the community including inviting suggestions from the
community prior to the drafting of the plan and, a consultation period during
which the community can object to or submit on the draft plan.
Proposal to classify part of Greenmeadows Reserve as
Local Purpose (Community Purposes) Reserve
4.11 The reason for the proposal to classify part
of Greenmeadows Reserve as Local Purpose (Community Purposes) Reserve (shaded
orange on map, Attachment 1) is because this part of Greenmeadows has a wider
community purpose than purely recreation. For example, the sports and community
facility is used by rugby, tennis, cricket and a community group, Stoke
Seniors. There is a café in the facility as well as a commercial
kitchen that can be hired.
4.12 The proposed classification provides for a
broader type of use of the facility which is important as it allows for
realisation of wider benefits for the Stoke community.
4.13 It is recommended that the Panel approve a
recommendation to Council that this part of Greenmeadows Reserve (shaded orange
on map, Attachment 1) be classified as Local Purpose (Community Purposes)
Reserve.
Proposal to classify part of
Greenmeadows Reserve as Local Purpose (Road) Reserve
4.14 The reason for the proposal to classify part
of Greenmeadows Reserve as Local Purpose (Road) Reserve (as shaded red on map,
Attachment 1) is because this small section of land has been identified as
within the title for the reserve
but it is currently being used as
footpath, road or parking. The current 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.
4.15 Reserve
land that is being used for roading purposes should not be classified for
recreation or community purposes, given its primary purpose is roading. It
is recommended that the Panel approve a recommendation to Council that this
part of Greenmeadows Reserve (shaded
red on map, Attachment 1) be
classified as Local Purpose (Road) Reserve.
4.16 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.
Since Council has already engaged in a process to classify the 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.
5. Options
5.1 Option
1 is recommended.
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Option 1: Recommend that
Council:
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 so that the
classification is consistent with the current use of the land
· Addresses
any ongoing legal risks associated with the 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
2: Recommend that Council classify the parts of the Reserve as something
different
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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 to ensure
that the primary purpose and recommended classification are aligned
· Additional
time and resources required to undertake community consultation on a new
proposal
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Option
3: Status quo – Recommend that Council 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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· Ongoing
legal risk as classification of the reserve for its primary purpose is a
requirement of the Act
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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.
6.2 Once the decision is made by
Council to classify the parts of the Reserve, 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 that are 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 one, namely, that the Panel recommend to Council that it
approves the classification as consulted on during the period 7 August 2020 to
8 September 2020.
Author: Michelle
Joubert, Policy Adviser
Attachments
Attachment 1: A2097295
- Map of areas at Greenmeadows Reserve proposed to be classified - June 2020 ⇩
Attachment 2: A2084230
- Terms of Reference - Greenmeadows Reserve Hearings Panel - August 2020 ⇩
Attachment 3: A2140227
- Resolutions from the 13 December 2018 Council meeting - proactively released ⇩
Attachment 4: A2437010
- Proposed classification Greenmeadows - public notice - August 2020 ⇩
Attachment 5: A2467600
- Submission on proposed classification of Greenmeadows - August 2020 ⇩
Attachment 6: A2451701
- Response to submission on proposed classification Greenmeadows - August 2020 ⇩
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Important considerations for decision making
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1. Fit
with Purpose of Local Government
Classifying Greenmeadows 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.
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2. Consistency
with Community Outcomes and Council Policy
The recommendations in this report aligns with the
following community outcome:
Our communities have access to a range of social,
educational, and recreational facilities and activities.
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3. Risk
The Reserve needs to be classified according to its
primary purpose and there is a legal risk from ongoing lack of compliance
with the Reserves Act.
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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 from 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 proposed
classification. Community consultation was undertaken on the proposal.
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6. Climate
Impact
Climate impact has not been considered in preparing
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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