1903.0/2018 CB agenda 01 November 2018
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Council Briefing
Date: Thursday 01 November 2018
Time: 9.30 am
Venue: Sportsville – Memorial Park, Logan Street, Dargaville
Briefing Report Page
1 Reserves and Open Spaces Strategy 1
Attachment 1: Parties whose input was requested as part of the
research for developing a new Reserves and Open Spaces Strategy
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2 Taharoa Domain Bylaw 9
Attachment 1: SOP, Proposed Bylaw and Schedule A 11
Attachment 2: Proposed Communication Plan 29
Attachment 3: Taharoa Domain Committee Terms of Reference 35
Attachment 4: Draft Bylaw as a result of legal review 37
3 Lincoln Downs Property – 295 Browns Road, Hakaru 45
Attachment 1: Email/letter from Office of Treaty Settlements 47
4 Use of Funds from Sale of Properties 53
5 Funding for Roading (EquiP) 57
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Reserves and Open Space Strategy
Meeting: Council Briefing
Date of meeting: 01 November 2018
Reporting officer: Mark Schreurs, Policy Analyst
1 Purpose
Council staff are beginning preparation of a new Reserves and Open Spaces Strategy (ROSS).
As part of preparing this Strategy and setting the direction therein, Council staff are seeking
guidance from elected members.
2 Background
Kaipara District Council has a large and diverse portfolio of reserves and open spaces. These
range from sports fields to strips of riverbank, local playgrounds, seaside picnic areas,
wilderness coastal strips, iconic rock formations, civic spaces and even some larger bush
reserves. Each of these reserves and open spaces has its own issues, opportunities and
management needs.
To guide the management of these assets, Council adopted its first Reserves and Open Spaces
Strategy in 2006. This document is now more than ten years old and no longer accurately
addresses the management needs of the District’s reserves and open spaces.
To address this, staff have begun preparing a new Reserves and Open Spaces Strategy
(ROSS). The new ROSS will focus solely on setting a high-level strategic direction for
managing Council’s reserves and open spaces over the next ten years. It will therefore be a
substantially more succinct and more focussed document than the 2006 ROSS.
3 Discussion
There are two key things staff are hoping to achieve with the new ROSS:
Give guidance for acquiring and divesting land to gradually create a cohesive network
of reserves and open spaces. ROSS needs to set a vison for the network of reserves
and open spaces desired for the district;
Direct that a framework of Reserve Management Plans (RMPs) be developed in
partnership with the community to guide the management of the different kinds of
reserves and open spaces. It is recommended that this include identifying categories
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into which reserves and opens spaces can be grouped based on their different
character and management needs.
Creating a cohesive network of reserves and open spaces
Currently Council has the opportunity to acquire land or money from developers at the time of
subdivision. In addition, Council can directly purchase land for use as reserves. By choosing
when to accept land (to add to the reserve network) or money (to develop existing reserves)
Council can gradually shape the reserve and open space network as a whole.
Under the current policy, Council seeks to accept land which is along waterways. In the case of
the Mangawhai Harbour, where there has been a lot of subdivision, this is resulting in a near
complete corridor of public reserve land around the harbour.
ROSS therefore needs to set the vision for the network of reserves and open spaces desired by
the community. This can then be worked towards one reserve at a time. It can be thought of as
constructing a jigsaw puzzle where each reserve is a piece of the puzzle. ROSS must direct
which pieces are needed to construct the desired picture and which are not.
In assessing the current state of the district’s reserve and open space network, ROSS will need
to give consideration to both land which is administered by Council and that which is not. Other
areas of public land and open space, such as beaches, roads, school playing fields, sports
clubs and the Conservation Estate, all contribute to the reserve and open space network and to
meeting public demand. ROSS will therefore need to take a holistic, collaborative approach.
Developing a framework of Reserve Management Plans
Section 41(1) of the Reserves Act 1977 requires that Council prepare a Reserve Management
Plan (RMP) for each of the reserves it administers. The Act requires compliance with this
section within 5 years after the date of Council’s appointment to manage a reserve or within 5
years after the commencement of the Act, whichever is the later. Council currently does not
comply with this requirement and many of its reserves do not have an up to date RMP.
ROSS needs to direct how Council will go about putting in place a current RMP for each of its
reserves.
Grouping reserves into categories based on their different form, use and management needs
and then preparing a single RMP to cover all reserves within a given category, is a common
approach to streamlining RMP preparation and management. It is proposed that ROSS take
this approach. This would see high ranking reserves, such as Kai Iwi Lakes (Taharoa Domain),
continuing to be managed under their own individual RMP while the District’s other reserves
would be grouped into categories and managed under a single RMP with separate chapters to
cover each of the different reserve types.
The following categories are suggested by staff in order to initiate discussion, however staff
welcome suggestions from elected members, if these are appropriate and as to how these
categories are defined, as development of this strategy is still at an early stage:
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1. Premier: Those of the District’s reserves and open spaces which receive a high level of
use by visitors from both the Kaipara District and further abroad and are used to
showcase the District – these would each have their own RMP;
2. Sports Park: Those reserves and open spaces which primarily provide playing fields or
other facilities for competition level sport;
3. Neighbourhood: Local and community parks. Those parks within urban areas which
serve primarily their local neighbourhood;
4. Cemetery: Those reserves which are, or have been, used to inter human remains.
This category includes both active and historic/closed cemeteries;
5. Kaipara Harbour and River: Those reserves and open spaces which adjoin the Kaipara
Harbour or a river, or those in which the Kaipara Harbour or a river is a major feature;
6. Ripiro Beach: Those reserves and open spaces which adjoin Ripiro Beach or those
reserves in which Ripiro Beach is a major feature;
7. Rural: Those reserves and open spaces in rural areas which do not fall into any of the
other categories;
8. Campground: Those reserves which are the site of a campground (excludes the
Taharoa Domain).
These categories have been informed by, and in some cases are directly based on, the New
Zealand Recreation Association (NZRA) categories. The NZRA categories are New Zealand
industry developed and agreed and are a useful reference when managing the District’s
Reserves.
ROSS is intended to prioritise management of the District’s reserves and open spaces by
directing that they each be managed under its own individual Management Plan. These
Premier Parks have been identified as the Kai Iwi Lakes (Taharoa Domain), Pou Tu Te
Rangi/Harding Park and Mangawhai Community Park. It is intended that these Premier Parks
also continue to be managed by their own co-governance committee comprised of Council
elected members and representatives from Mana Whenua and/or the community. Long term,
Council will need to consider how other Premier Parks maybe identified.
It is proposed that a District Reserve Management Plan be prepared to cover all the reserves
under the remaining seven categories. This District RMP would include a separate chapter for
each of these seven categories. Each chapter would address the management needs specific
to reserves of that category. For example; management of the Neighbourhood parks would
mostly be focused on recreation and play while management of the Ripiro Beach reserves
would need to address protection of sand dune vegetation.
This framework of RMPs (an individual RMP/master plan for each Premier Park and a District
RMP to cover the rest) will therefore cover all of the District’s reserves, allowing Council to
comply with section 41(1) of the Reserves Act 1977.
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Under the Reserves Act 1977, Council is required to consult with its communities when
preparing RMPs. The approach proposed to be taken by ROSS is therefore one of Council
working with its communities to manage the District’s reserves.
Council presently has an adopted RMP or master plan for each of its Premier reserves and
open spaces. It is therefore just the District RMP which remains to be developed. Development
of this District RMP will be the key action falling out of ROSS.
Community views
As part of the research towards preparing a new ROSS, input was sought from key
stakeholders and Mana Whenua to guide the draft direction (a list of those contacted is included
as Attachment 1). Pre-consultation began on Monday 6 August 2018 with e-mails being sent
to key stakeholders and Mana Whenua. Feedback was received from 15 respondents. In
addition, the matter was discussed with Mana Whenua (Te Roroa, Te Kuihi and Te Uri o Hau)
at a meeting on 3 August 2018. Representatives from Kawaka Can and the Baylys Beach
Society also made themselves available to meet with Council Staff. Key points raised were:
There is a desire for greater connectivity, including walking and cycling opportunities
both within settlements and linking towns. Developing more walking and cycling
opportunities featured strongly in the responses.
There is a desire for more reserves in Mangawhai and better linkages to the Harbour.
In particular, the continued acquisition of land around the Harbour and the development
of a walking and cycling track around the Harbour are supported.
There are concerns about limited car parks servicing parks and reserves, particularly in
Mangawhai.
There is a general consensus that the number of reserves and amount of reserve land
in the District is sufficient but that existing parks and reserves are under developed.
From an analysis of the responses, an ideal park should have ecological values,
attractive plantings/amenity values, be well maintained, include activities for all ages,
include walking and cycling linkages and be equipped with toilets, seating and plenty of
car parking.
Council’s existing approach of working with its communities to develop and maintain
reserves and open spaces is working well, including the use of licences to occupy and
grants to community groups to facilitate their projects.
It was requested by some that Dargaville’s Northern Wairoa Memorial Park should be
listed as a premier reserve.
Sport Northland considered that more “Sportsville” type developments were required.
These developments support the clustering, combining and sharing of sports facilities to
best utilise resources and avoid duplication and under-utilisation.
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Heritage New Zealand suggested that an archaeological assessment of reserves
should be part of the reserve management plan process. Reserve management plans
should identify recorded archaeological sites.
There is a desire for Council to make public land available for community activities even
where this land is not formally gazetted as a reserve under the Reserves Act 1977 e.g.
Mangawhai Community Park and the bush block of the Council’s Lincoln Downs farm.
Mana Whenua asked to be consulted before any Council land is considered for sale.
Policy considerations
It should be noted that ROSS is one of three documents in a framework of documents which
direct the management of Council’s reserves and open spaces. Each of these has a different
scope and focus with ROSS being at the highest and most strategic. These documents are:
Reserves and Open Spaces Strategy – A non-statutory high level strategy document
which sets out the approach Council will take to managing these asset as a whole. This
includes giving guidance on acquiring and divesting reserves, grouping reserves into
categories based on their different uses and management needs, and how reserves
and open spaces owned by Council can be complimented by those owned by others
e.g. DOC. Consideration of other Council documents are also identified to ensure that
all of Councils documents are talking to each other and that this flows down to decisions
that are being made on reserves.
Reserve Management Plans (RMPs) – Statutory documents which are required to be
prepared under the Reserves Act 1977. RMPs direct how individual, or groups of
similar reserves are to be managed; including development of facilities, protection of
natural areas and directing what activities are appropriate there.
Asset Management Plan – Sets the budgets and works which are to be undertaken in
each financial year. This is a key source document for the Annual Plan and Long Term
Plan. This is where the rubber hits the road and projects identified in RMPs get
implemented. This will be important when considering Development Contributions for
Reserves.
In addition, bylaws are used to give effect to some of the directions identified in RMPs. This is
because RMPs are not legally enforceable. Rather they require bylaws to set enforceable rules.
Furthermore, Kaipara’s District Plan requires all developments on reserves to comply with the
provisions of the RMP relevant to that reserve, if any. This effectively makes the provisions of
RMPs an extension to the rules, objectives and policies of the District Plan.
Next steps
Council staff would welcome input from elected members on the approach to be captured in the
Draft ROSS. Council staff will be available at the 1 November 2018 Council Briefing to discuss
this project with elected members, answer questions and receive input into the draft direction.
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Council staff will then prepare a Draft ROSS which will be presented to another Council Briefing
(if needed) before a full Council meeting will be asked to adopt for public consultation. While
ROSS is a non-statutory document, the level of community interest in reserves and open
spaces is such that public consultation is appropriate.
4 Attachments
Attachment 1: Parties whose input was requested as part of the research for developing a
new Reserves and Open Spaces Strategy.
Mark Schreurs
17 October 2018
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Attachment 1: Parties whose input was requested as part of the research for developing a new
Reserves and Open Spaces Strategy.
Te Runanga o Ngāti Whātua
Te Uri O Hau
Te Roroa
Te Kuihi
Department of Conservation
Northland Regional Council
Sport Northland
Integrated Kaipara Harbour Management Group
Mangawhai Harbour Restoration Society Inc.
Smokefree Northland 2025
Northland Inc.
Mangawhai Tracks Charitable Trust
Pahi Reserve Society
Tinopai Camping Ground Committee
Progressive Paparoa Association
Dargaville Business Association
Maungaturoto Residents and Ratepayers Association
Kaiwaka Can
Ruawai Promotions Society
Tangiteroria Sports Complex Committee
Baylys Beach Society
Kauri Coast Promotional Society
Whakapirau Residents and Ratepayers Association
Glinks Gully Camp Committee
Mangawhai Business Association
Northland Fish and Game Council
Forest & Bird
Sportsville
Kaiwaka Sports Association
Mangawhai Recreation Trust
Otamatea Harbour Care Society
Heritage New Zealand
Hakaru Pony Club
Hakaru Hall Committee
Hakaru Returned Serviceman’s Association
Mangawhai Cadet Unit
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3216.0
CB Taharoa Domain Bylaw 2018
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Taharoa Domain Bylaw
Meeting: Council Briefing
Date of meeting: 01 November 2018
Reporting officer: Paula Hansen, Policy Planner
1 Purpose
To:
1) Inform Council of the recommendation by the Taharoa Domain Management Committee
request for a Taharoa Domain Bylaw; and
2) Provide the Councillors with a copy of the proposed bylaw (Attachment 1) with a
proposed communications plan (Attachment 2) as presented to the Taharoa Domain
Governance Committee and a copy of the bylaw as a result of a legal review
(Attachment 4); and
3) Discuss scope for bylaw that will form the basis for consultation and decision making.
2 Background
The Taharoa Domain Governance Committee (the Committee) has the delegations, under the
Taharoa Domain Governance Committee Terms of Reference (Attachment 3), to make
recommendations to the Kaipara District Council for the development of policies, bylaws or
other regulatory tools for the effective management of the Domain. At the Committee’s August
2018 meeting, they resolved to recommend to the Kaipara District Council to adopt the Taharoa
Domain Bylaw 2018 (draft) and associated Statement of Proposal for public consultation.
Kaipara District Council undertook a review of the Taharoa Domain Reserve Management Plan
(January 2002) in 2015 and adopted a new Reserves Management Plan in September 2016.
The Kai Iwi Lakes (Taharoa Domain) Reserve Management Plan (2016) (the RMP) restricts the
use of powerboats (power driven vessels) specifically on Lake Waikare, unless authorised for
safety for events, scientific and research purposes, or for management operations. The RMP
allows only one boat ramp into Lake Taharoa and one for Lake Waikare but does not allow any
for Lake Kai Iwi. The proposed bylaw has been created to implement the RMP policy objectives.
In particular, the bylaw seeks to provide for controlling vehicle movements to ensure that
vehicles are not driven or parked inappropriately so as to compromise the environmental,
archaeological and cultural values of the Domain, as well as to support biosecurity checks.
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A legal review of the draft bylaw has been completed. As a result of the legal review, changes to
the draft bylaw have been suggested as these overlap with provisions in the Reserves Act 1977
and may cause confusion when it comes to monitoring and enforcement of the Bylaw. Instead
an explanatory note has been included to make the linkage between the Bylaw and the Reserve
Act 1977. The amended draft bylaw is contained within attachment 4. The proposed changes
will help provide clarity and not detract from the intention of the clauses as recommended by the
Committee.
The Northland Regional Council (NRC) has a Navigational Bylaw that manages the activities on
Lake Taharoa, therefore activities on Lake Taharoa will not be covered by this Bylaw.
3 Discussion
The Committee’s Terms of Reference gives the Committee the ability to make
recommendations to Council of this nature. Any Changes that Council would like to see that are
considered to be more than minor should be considered by the Committee. There is an
opportunity to do this at the Committees November meeting.
Given past proposals for Bylaws in regards to the Taharoa Domain, it is essential that
Councillors are aware of the limitations of consultation on this recommended bylaw proposal in
terms of what is in scope and what is out of scope. A Consultation and Engagement Plan has
also been provided to assist with this.
When consulting on a bylaw the scope is limited to what is being proposed. For example, if
someone thinks that people should not park in a particular area and should be able to park
somewhere else, that would be in scope. In terms of requests for changes to the RMP which
influences the bylaw, this would be out of scope. At most submitters may say that a bylaw is not
the most appropriate way to meet the direction in the RMP.
Any changes to the RMP cannot be agreed to under a bylaw making process. The RMP
process is governed by the Reserves Act 1977. Any review of the RMP that influences the
bylaw is also one of the key responsibilities of the Committee to initiate.
Feedback on the draft Communication Plan is also sought prior to it being presented at a
Council meeting.
4 Attachments
Attachment 1: SOP, Proposed Bylaw and Schedule A
Attachment 2: Proposed Communication Plan
Attachment 3: Taharoa Domain Governance Committee Terms of Reference
Attachment 4: Draft Bylaw as a result of a legal review
Paula Hansen
23 October 2018
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KAIPARA DISTRICT COUNCIL STATEMENT OF PROPOSAL 2018I
Attachment 1 a
Kaipara District Council
Statement of Proposal
Taharoa Domain Bylaw 2018
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TAHAROA DOMAIN BYLAW 2018
KAIPARA DISTRICT COUNCIL STATEMENT OF PROPOSAL PAGE | II 3216.0
SOP Kai Iwi Lakes (Taharoa Domain) Bylaw 2018 PH:yh (draft)
Contents
1 Executive summary ......................................................................................................................................1
2 Statutory requirements .................................................................................................................................1
2.1 Reserves Act 1977 ...............................................................................................................................1
2.2 Local Government Act 2002 .................................................................................................................2
3 Reason for proposal .....................................................................................................................................2
4 Current situation ...........................................................................................................................................3
5 Outcomes sought ..........................................................................................................................................3
6 Relevant bylaw determinations .....................................................................................................................3
7 Consultation ..................................................................................................................................................5
8 Draft Taharoa Domain Bylaw 2018 ..............................................................................................................5
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STATEMENT OF PROPOSAL TAHAROA DOMAIN BYLAW 2018
KAIPARA DISTRICT COUNCIL STATEMENT OF PROPOSAL PAGE | 1
Statement of Proposal
1 Executive summary
Taharoa Domain is a 538 hectare recreation reserve vested in Kaipara District Council (Council/KDC).
The Domain features three lakes: Lake Taharoa, Lake Waikare and Lake Kai Iwi (the Lakes). The Lakes
are a popular destination for a range of recreational activities and also recognised by NIWA for their
ecological and water quality values. The recreational use of the Lakes is growing and anticipated to
continue to do so. Council, as the administrating body of the reserve, has an obligation under the
Reserves Act 1977 to ensure the management of the reserve reflects the protection of the reserve’s
values.
Kaipara District Council undertook a review of the Taharoa Domain Reserve Management Plan (January
2002) in 2015 and adopted a new Reserves Management Plan in September 2016. The Kai Iwi Lakes
(Taharoa Domain) Reserve Management Plan (2016) (the RMP) restricts the use of powerboats
(power-driven vessels) specifically on Lake Waikare, unless authorised for safety for events, scientific
and research purposes, or for management operations. The RMP allows only one boat ramp into
Lake Taharoa and one for Lake Waikare but does not allow any for Lake Kai Iwi. The proposed bylaw
has been created to implement the RMP policy objectives.
The Northland Regional Council (NRC) has a Navigational Bylaw that manages the activities on
Lake Taharoa, therefore activities on Lake Taharoa is not be covered by this Bylaw.
2 Statutory requirements
Council has the ability to put in place a bylaw to give effect to an RMP under the Reserves Act 1977.
2.1 Reserves Act 1977
The relevant parts of s106 of the Reserves Act 1977 allows the administering body (subject to the
approval by the Minister of Conservation) of a reserve to make bylaws for the provision of:
The management, safety, preservation and use of the reserve or any part thereof and the
preservation of the flora and fauna and the scenic, historic, archaeological, biological, geological,
or other scientific or natural features therein, and for the preservation of the natural environment;-
Prescribing the conditions on which persons shall have access to or be excluded from any reserve
or any part of a reserve, or on which persons may use any facility (including any building) in a
reserve, and fixing charges for the admission of persons to any part of a reserve and for the use of
any such facility;
Regulating the times of admission thereto and exclusion therefrom of persons, horses, dogs, or
other animals, and vehicles or boats or aircraft or hovercraft of any description;
The control of all persons, horses, dogs, and other animals, and vehicles or boats or aircraft or
hovercraft of any description using or frequenting a reserve;
Prescribing conditions on which persons may be permitted to enter and remain on any wilderness
area within a reserve;
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STATEMENT OF PROPOSAL TAHAROA DOMAIN BYLAW 2018
KAIPARA DISTRICT COUNCIL STATEMENT OF PROPOSAL PAGE | 2
Generally regulating the use of a reserve, and providing for the preservation of order therein, the
prevention of any nuisance therein, and for the safety of people using the reserve.
Section 107(a) of the Reserves Act 1977 states that the procedure for making bylaws is in the same
manner as that in which the local authority is authorised by law to make bylaws (as outlined below).
2.2 Local Government Act 2002
Kaipara District Council is authorised to make bylaws under the Local Government Act (LGA) 2002 under
s145-154. Section 146(b)(vi) of the LGA 2002 states ‘a territorial authority may make bylaws for its district
for the purposes of managing, regulating against, or protecting from, damage, misuse, or loss or for
preventing the use of, the land, structures, or infrastructure associated with reserves, recreation grounds,
or other land under the control of the territorial authority.’
Section 155 of the LGA 2002 requires that a local authority must, before commencing the process for
making a bylaw, determine whether a bylaw is the most appropriate way of addressing the perceived
problem. If the local authority determines that a bylaw is the most appropriate way of addressing the
perceived problem, it must, before making the bylaw, determine whether the proposed bylaw:
(a) Is the most appropriate form of bylaw; and
(b) Gives rise to any implications under the New Zealand Bill of Rights Act 1990.
Section 156 of the LGA 2002 also requires the Council to follow the special consultative procedure when
making a new bylaw.
Section 157 of the LGA 2002 sets out the requirements for public notice of the bylaw once it is made.
Section 158 of the LGA 2002 requires a bylaw to be reviewed within five years of being made, and
pursuant to s159 every 10 years thereafter.
Section 160 of the LGA 2002 sets out the review process.
3 Reason for proposal
The reason for the proposed bylaw is to provide an over-arching enforceable management tool to give
effect to the RMP. The RMP contains policy objectives and proposed actions that support the need for
the bylaw. This provides for the implementation of the direction set down in the RMP. The RMP sets
objectives and actions under Aim 2: Cultural, Aim 3: Environment and Aim 4: Recreation. This includes:
1) Restricting motorised boats (power-driven vessels) on Lakes Waikare and Kai Iwi to those power
boats that have been specifically authorised:
a) as safety vessels for events;
b) for scientific and research purposes; or
c) for management operations while allowing non-motorised boat activities to occur.
2) Controlling vehicle movements to ensure that vehicles are nor driven or parked inappropriately so
as to compromise the environmental, archeological and cultural values of the Domain; and
3) To support biosecurity checks.
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KAIPARA DISTRICT COUNCIL STATEMENT OF PROPOSAL PAGE | 3
Under s155 of the LGA 2002 Council must determine if a bylaw is the most appropriate form to address
the issues faced by Council. In this case, is it the appropriate form to give effect to the RMP. If it
determines that a bylaw is required, it must determine whether it gives rise to any implications under the
Bill of Rights Act 1990. Attached is a copy of the proposed Bylaw (Attachment A).
4 Current situation
Managing recreational activities across the Domain requires clear rules as different recreational pursuits
can clash if not managed properly. The adopted RMP gives direction on what activities should be
encouraged in specific areas and which should be restricted. A bylaw is needed to give effect to the
actions of the RMP as they are not legally enforceable in their own right. The Reserves Act 1977 allows
Council to control the use of boats on the Lakes and vehicles within the Domain.
5 Outcomes sought
The overall direction for the Domain, as articulated through the RMP, is one that recognises the Lakes
as a taonga with intrinsic environmental and ecological values.
6 Relevant bylaw determinations
A bylaw is considered the most appropriate way of giving effect to the direction set out in the RMP. The
outcomes sought and the appropriate mechanisms to help deliver the outcomes have been considered.
The analysis has been undertaken with regard to the following:
The purpose of the bylaw is to supplement (and not duplicate) the obligations of people under
national legislation or under bylaws such as the Northland Regional Council Kai Iwi Lakes
Navigational Bylaw;
The bylaw is in line with what Council can put in place under the Reserves Act 1977;
The bylaw gives effect to the management direction within the RMP;
The bylaw is only one part of the overall approach to address a perceived problem and to ensure
strategic alignment of Council’s and other agencies’ objectives of achieving sustainable
management of natural and physical resources;
A bylaw to address a problem needs to be considered in the context of resources within Council
and how enforcement can be achieved in a practical and efficient approach.
Section 77 of the LGA 2002 requires Council to investigate all options that may be useful in achieving the
object of its decision.
The options considered by Council are:
a) Do nothing/status quo.
b) Use monitoring and education to identify any issues and encourage the public to consider the
negative impacts of power-driven vessels on the Lakes and vehicles on the surrounding area;
c) Regulation through the RMP and KDC bylaw.
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KAIPARA DISTRICT COUNCIL STATEMENT OF PROPOSAL PAGE | 4
The analysis in this SOP has considered the overall direction for the reserve as displayed in the RMP
and how this could be achieved through the three options outlined above.
Option A: Do nothing/status quo
Doing nothing means Council is not giving effect to the RMP’s policy objectives. A need to provide
mechanisms to regulate the use of the Lakes and Domain has been identified as essential by the Taharoa
Domain Governance Committee, Council Officers, NRC and Mana Whenua.
Option B: Monitoring and education
While education and monitoring are important aspects to achieve behavioural change, a bylaw allows
Council to legally enforce this change using their available resources. The increasing number of visitors,
including international, would require considerable resources, both human resources and additional
multi-lingual signage and promotional material to educate users of the Domain. This would be an
expensive cost to Council. Section 106 of the Reserves Act 1977 allows for the use of bylaws for the
management, safety, preservation and use of the reserve and for the preservation of the scenic,
biological, geological or other natural features and for the preservation of the natural environment. This
Section of the Act also specifically allows for a bylaw to control vehicles and boats of any description
using or frequenting the reserve.
Option C: Regulation through a bylaw
By having a bylaw in place means that the objectives of the RMP can be given effect to. The bylaw can
restrict the power-driven vessels as outlined in the RMP; control vehicle movements so as not to
compromise the environmental, archeological and cultural values of the Domain; and support biosecurity
checks that are mentioned within the RMP.
A bylaw contains clear rules and provides enforcement mechanisms that would not be available through
education or guidelines. In the absence of a bylaw it is difficult to take action that is contrary to the
management direction within the RMP.
Following that analysis Council considers that:
A bylaw is considered the most appropriate, reasonable and practical option of dealing with the
issues facing the Domain;
It also provides certainty and clarity as to what is expected with the use of power-driven vessels
on Lake Waikare and Lake Kai Iwi and for appropriate places vehicles can go within the Domain;
The bylaw also provides a clear and enforceable solution to give effect to the RMP and ensures
KDC is meeting its legislative requirements. In particular, the bylaw provides an easy way to
address breaches in the management approach outlined in the RMP;
The bylaw gives effect to the aims, objectives and actions of the RMP;
The bylaw is the most appropriate form of KDC bylaw and should be notified for public submission;
The bylaw does not give rise to any implications under, and is consistent with, the Bill of Rights Act
1990, as the controls are reasonable and justifiable in the circumstances allowed for in s5 of the
Bill of Rights Act 1990.
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Kaipara District Council, as the administrating body, has an obligation to ensure the values of the Domain
are reflected in the management of the Reserve.
Relationship with the Northland Regional Council Kai Iwi Lakes Navigational Bylaw
Northland Regional Council has recently adopted a Navigational Safety Bylaw for the Kai Iwi Lakes. This
bylaw applies to Lake Taharoa only. Lake Taharoa is not included in this proposed bylaw.
The bylaw also provides a clear and enforceable solution to the identified problems and ensures KDC is
meeting its legislative requirements.
Taking into account the information above it is submitted that the appended draft Taharoa Domain Bylaw
2018 would be the most appropriate, reasonable and practical option of dealing with the issues facing
Lake Waikare, Lake Kai Iwi and the surrounding domain.
7 Consultation
Under s83 of the LGA, Council will need to invite public submissions on the proposal. It is proposed
written submissions must be received by Council by 4.30pm DDMM 2018. All submitters who request a
Hearing will be advised of a date and time when they can present their views to Council.
8 Draft Taharoa Domain Bylaw 2018
Section 86 LGA requires a SOP to include a copy of the Draft Bylaw. This is attached below.
17
KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 2018
Kaipara District Council
Taharoa Domain Bylaw 2018
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TAHAROA DOMAIN BYLAW 2018
KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 1
Contents
Contents ............................................................................................................................................................1
Taharoa Domain Bylaw 2018 ............................................................................................................................2
1 Title ...............................................................................................................................................................2
2 Application ....................................................................................................................................................2
3 Objectives .....................................................................................................................................................2
4 Commencement ...........................................................................................................................................3
5 Interpretation .................................................................................................................................................3
6 Relationship to other Council bylaws ............................................................................................................4
7 Use of power-driven vessels.........................................................................................................................4
8 Use of boatramps .........................................................................................................................................4
9 Vehicle movements and parking ..................................................................................................................5
10 Powers of Council or any Authorised Officer - ordering off the Reserve .................................................6
11 Offenders required to give names ............................................................................................................6
12 Specific authorisation under this bylaw ....................................................................................................6
13 Offence and penalty ..................................................................................................................................7
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KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 2
Taharoa Domain Bylaw 2018
Pursuant to the Local Government Act 2002 and the Reserves Act 1997, the Kaipara District Council makes the
following bylaw.
1 Title
This bylaw shall be cited and referred to as the Taharoa Domain Bylaw 2018.
2 Application
The provisions shall apply to the Taharoa Domain (the Domain) and activities on Lake Waikare and
Lake Kai Iwi which are located within the Domain. This bylaw does not include activities on Lake Taharoa
as it is governed by the Northland Regional Council’s Kai Iwi Lakes Navigational Safety Bylaw under
jurisdiction of Maritime Enforcement Officers. This bylaw however does govern land-based activities
situated around Lake Taharoa.
3 Objectives
The objectives of this bylaw are:
(a) To protect the cultural, environmental, and social values, of Lake Waikare, Lake Kai Iwi and their
surrounds within the Domain as set out in the Reserves Management Plan Kai Iwi Lakes (Taharoa
Domain) 2016 (the RMP).
(b) To protect the safety of the recreational users on the Lakes and within the Domain.
(c) To enable Kaipara District Council to implement the policies of the RMP.
(d) To enable Kaipara District Council, as the administrating body of the Domain, to meet its
requirements under the Reserves Act 1977.
(e) To provide for the authorising of boats for safety and research purposes, as per the RMP.
Explanation
The RMP contains aims that have been grouped into Management areas. The objectives relate to:
AIM 2: CULTURAL: The relationships of tangata whenua and other peoples, their history, culture and
traditions will be reflected and acknowledged in how Kai Iwi Lakes are developed and cared for.
AIM 3: ENVIRONMENTAL: Completing our knowledge about Kai Iwi Lakes will enable effective
protection and enhancement of its natural environment and pristine waters.
Relationship of this bylaw with other Council bylaws:
This bylaw does not negate the need to comply with provisions of other relevant Council bylaws. This bylaw
should be read in conjunction with other Council Bylaws, particularly Council’s Consolidated General Bylaw
which include rules around fires and litter.
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KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 3
AIM 4: RECREATION: A diverse range of recreational activities which are compatible with the cultural
and ecological values of Kai Iwi Lakes, will be available for all visitors.
Each of these aims are supported by their own objectives and actions.
4 Commencement
This bylaw comes into force on << Date >> subject to the approval by the Minister of Conservation
pursuant to s108 of the Reserves Act 1988 or on such later date as that approval may be obtained.
5 Interpretation
In this bylaw, unless the context otherwise requires:
the Act means the Reserves Act 1977.
Council means the Kaipara District Council.
Authorised Officer means:
a) any ranger or constable; and
b) the Taharoa Domain Manager
c) any officer or employee of Council who is authorised to exercise
the powers of an officer under the Act.
the Domain means the Taharoa Domain.
Ecological values means those values that contribute to the natural ecology of the Lakes
and surrounding Domain and is noted within supporting documentation
to the Reserves Management Plan Kai Iwi Lakes (Taharoa Domain)
2016 (RMP).
Environmental Values means the environmental values highlighted within the Reserves
Management Plan Kai Iwi Lakes (Taharoa Domain) 2016 (RMP) and
supporting documentation to this RMP.
Event means an organised temporary activity that takes place on one or more
days including an organised competition, gathering, parade, protest,
multi-venue sports event of a significant scale, fun run, marathon,
duathlon or triathlon. For the purposes of this bylaw, sports practice or
training is not an event.
the Lakes means Lake Taharoa, Lake Kai Iwi and Lake Waikare.
the Reserve Management
Plan OR
the RMP
means the Kai Iwi Lakes (Taharoa Domain) Reserve Management Plan
2016.
Management operation means an activity considered necessary for the management of the
reserve as determined by Council.
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KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 4
Maritime Enforcement
Officer
means a person appointed as an Enforcement Officer under s33G of
the Maritime Transport Act 1994.
Officer means
a) any ranger or constable; and
b) any officer or employee of the Council who is authorised to exercise
the powers of an Officer under the Act.
Power-driven vessel means any vessel propelled by machinery.
the Reserve means Taharoa Domain (a recreation reserve subject to the Reserves
Act 1977).
Shore for the purpose of this bylaw means the land between ordinary high- and
low-water marks of the Lakes.
Specifically authorised means permission is provided in writing by an Authorised Officer of the
Council as the administrating body of the Reserve. Including any
conditions which they may set.
Vessel means every description of a ship, boat or a craft used in navigation on
the water, whether or not it has any means of propulsion and includes
a:
(a) seaplane while on the surface of the water;
(b) personal watercraft (jet ski);
(c) raft;
(d) paddle craft; or
(e) any board used for board sports.
6 Relationship to other Council bylaws
This bylaw does not negate the need to comply with provisions of other relevant Council bylaws. This
bylaw should be read in conjunction with other Council Bylaws, particularly Council’s Consolidated
General Bylaw which include rules around fires and litter.
7 Use of power-driven vessels
No person may operate a power-driven vessel on Lake Waikare or Lake Kai Iwi unless the
power-driven vessel has been specifically authorised as a:
(a) safety vessel for an event; or
(b) vessel for scientific and research purposes; or
(c) vessel for management operations under clause 12.
8 Use of boatramps
(1) All power-driven vessels must use the boatramp designated on the Map in Schedule A to enter
Lake Taharoa. Power-driven vessels may not enter Lake Taharoa at any other place.
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(2) Use of power-driven vessels entering Lake Waikare is restricted. Power-driven vessels that have been
specifically authorised as a safety vessel for events, or for scientific and research purposes or for
management operations, in accordance with clause 12 below, may only enter the Lake subject to the
following conditions:
(a) Only the designated boat ramp at Lake Waikare is used (refer to Map A for boat ramp location);
and
(b) that any directions given by an Authorised Officer are followed.
No other power-driven vessels may enter Lake Waikare.
(3) All other vessels may enter Lake Waikare at the designated boat ramp, or at any other place around the
Lake, provided that no vehicle or trailer is driven on or across the shore (refer to Map A for boat ramp
location).
(4) No person shall move any vehicle on any boat ramp at a speed exceeding 5km.
(5) No person shall leave any vessel trailer or motor vehicle on or near any boat ramp so as to obstruct the
safe and reasonable use of the boat ramp by any other person.
(6) No person shall launch and use any boat trailer other than in accordance with the requirements of this
bylaw.
(7) The Taharoa Domain Manager or Council’s Chief Executive may make rules for the use of the boat ramps
at the Taharoa Domain for safety reasons.
(8) An Authorised Officer may refuse vessel or power-driven vessel access to the Lakes if the owner or
master refuses to undertake a biosecurity check upon request.
9 Vehicle movements and parking
(1) No vehicle, other than an emergency vehicle, shall be driven on or along the shore except at the
designated boat ramps.
(2) Vehicles must not be driven anywhere in the Reserve other than on a formed road unless:
(a) It is within parking areas shown on the Map in Schedule A of this bylaw; or
(b) Directed by an Authorised Officer.
(3) Vehicles can park on any parking area shown on the Map in Schedule A or within dedicated parking areas
in the confines of either of the two camp grounds within the Reserve.
(4) Designated drop-off zones as shown on the Map in Schedule A must be used to drop off people and
equipment or other items. No vehicle (or trailer) shall be parked for more than 10 minutes in any drop-off
zone next to a designated boat ramp.
(5) An Authorised Officer may set aside an area for parking, or close a parking area, or declare an area to
be a drop-off zone for the purposes of this bylaw.
(6) An Authorised Officer may set aside an appropriate area to allow for biosecurity checks to be undertaken
within the Reserve.
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10 Powers of Council or any Authorised Officer - ordering off the Reserve
(1) The Council or any Authorised Officer may close a boat ramp from time to time when considered
necessary to protect the environmental or ecological values of the Lakes or for reasons of public safety
and no person shall at this time use the boat ramp(s) without the consent of Council or an Authorised
Officer.
(2) The Council or any Authorised Officer may refuse vessel access to the Lakes if the owner or master
refuses to undertake a biosecurity check upon request.
(3) Any Authorised Officer may require the owner or master of any vessel or power-driven vessel (or vessel
trailer or motor vehicle) to comply with this bylaw and refusal or failure to do so shall be an offence.
(4) If the owner or master of such vessel or power-driven vessel (or vessel trailer or motor vehicle) does not
comply as required or cannot be readily located, an Authorised Officer may authorise the removal of the
vessel or power-driven vessel (or vessel trailer or motor vehicle) to another place of reasonable safety
provided that he or she has first advised the person in possession (if any) of that vessel or power-driven
vessel.
(5) The vessel or power-driven vessel (or vessel trailer or motor vehicle) will be seized and impounded if the
offence continues, and an opportunity has been given to stop the offending. Any expense incurred by the
Council during such removal may be recovered from the owner or master in accordance with s167 of the
Local Government Act 2002.
(6) In accordance with the provisions of the Reserves Act 1977 a person committing a breach of this bylaw
shall, upon request by an Officer, immediately remove the power-driven vessel from the Reserve and
may not re-enter the Reserve with the power-driven vessel.
(7) A person ordered to leave the Reserve as provided for by this clause of this bylaw shall remain liable for
the breach of this bylaw and may not re-enter the Reserve for a period of time specified by an Officer.
This timeframe will be at least 24 hours but no longer than two weeks.
(8) In accordance with the provisions of s94 of the Reserves Act 1977 a person committing a breach of
clause 7, clause 8 and clause 9 of this bylaw shall, upon request by an Authorised Officer, immediately
remove any vessel, power-driven vessel or vessel trailer or motor vehicle to an approved area or upon
request remove any vessel, power-driven vessel or vessel trailer or motor vehicle from the Reserve and
may not re-enter the Reserve for 24 hours.
11 Offenders required to give names
Any person who commits a breach of this bylaw shall, if so requested by an Authorised Officer, supply
their full name and address.
12 Specific authorisation under this bylaw
(1) Specific authorisation under this bylaw is required to use a power-driven vessel on Lake Waikare and
Lake Kai Iwi and shall be given only for an event, scientific and research purpose or management
operation.
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(2) Any request for authorisation under this section shall be made in writing to Council at least 20 working
days prior to the event, or when any scientific or management activities are proposed to occur.
(3) Any such authorisation may be subject to such terms and conditions as the Authorised Officer giving
permission thinks fit.
13 Offence and penalty
Every person who contravenes this bylaw commits an offence and is liable to the penalty set out in s104
of the Reserves Act 1977.
To be added once approved.
The Bylaw was made by the Kaipara District Council by Special Consultative Procedure and confirmed
at a meeting of Council held on ….
This Bylaw was approved by the Minister of Conservation on … pursuant to Section 108 of the
Reserves Act 1977.
Schedule A – Map
26
Attachment 2:
Communications and Engagement Plan Taharoa Domain Bylaw
Table of Contents
1 Executive Summary ............................................................................................................... 1
2 Background ............................................................................................................................ 1
3 Budget ..................................................................................................................................... 1
4 Key Stakeholders ................................................................................................................... 2
5 Key Messages ........................................................................................................................ 3
6 Communication platforms..................................................................................................... 3
7 Communication programme ................................................................................................. 4
8 Issues and Risks .................................................................................................................... 5
9 Measures of success ............................................................................................................. 5
9.1 Process to evaluate .................................................................................................................. 5
29
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1 Executive Summary
We the Council need to hear the views of the community about a proposed Bylaw for the Taharoa
Domain, so that Council can decide and make the Bylaw before the 2019/20 summer when the bylaw
is likely to be most needed. This will also seek to achieve and support the management direction
within the Kai Iwi Lakes (Tahaora Domain) Reserves Management Plan 2016.
A key part of this consultation is the management of what is up for discussion. Council will not be
undertaking a review of the Reserve Management Plan (the document which sets the direction of the
Domain). This bylaw looks to manage traffic, biosecurity risks, and make the restriction of power boats
on the Lake Waikare and Kai Iwi enforceable.
2 Background
The project team consists of the following roles:
Project management team Name
Exec Team Member Fran Mikulicic
Project Manager/Business Analyst Kathie Fletcher
Lead Contact Paula Hansen
Subject Matter Expert Paula Hansen
Support Mark Schreurs
3 Budget
The project’s estimated budget is:
30
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4 Mana Whenua
5 Key Stakeholders
The audience is everyone that has an interest in the implementation of the proposed bylaw.
Stakeholder Their interest in the
project
Level of input into
the project
Status of
relationsh
ip
Desired
outcome
Northland Regional Council (NRC)
Consistency with NRC
Navigational Bylaw for the
Kai Iwi Lakes and
jurisdictional powers over
the Lakes.
Reviewing for
consistency between
the proposed Bylaw
and the NRC Kai Iwi
Lake Navigational
Bylaw.
Legislative
role
Consistent
bylaws
Department of Conservation
Administrator of the
Reserves Act 1977.
Affected Party Legislative
role
Consistent
bylaws
Minister of Conservation
Over sees the Reserves
Act 1977 and need final
sign off from the Minister.
Final sign off under the
Reserves Act 1977
Legislative
role
Consistent
bylaws
Business stakeholders
Impact on visitor numbers
to the lake which in turn
impacts the business they
may get from the visitors.
- -
Users of the Lakes
Area is a Public Place.
Legislation requires
Council to consult under
S83 LGA and s 86 LGA.
All of these are
potential submitters to
the proposed Bylaw.
1. Friends of the Kai
Iwi Lakes
2. Campground
Users
3. Boating and other
clubs who use the
lake
4. Local community
Legislative
role
Workable
bylaw
Abide by
bylaw
Harbour Master
Enforces the Maritime Act
for the lakes.
- Legislative
role
-
31
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6 Key Messages
List the key decisions / changes to be made
Key decisions and changes Why
New Bylaw To give effect to the Reserve Management Plan and to
support the direction stated within.
That there are restrictions on
power boats are on Lakes Kai Iwi
and Waikare.
Without a bylaw the full effect of this management decision
within the Reserves Management Plan cannot be given.
Controls around use of Boat
Ramp
Management and mitigation of potential Health and Safety,
and environmental issues at the boat ramp.
Controls around supporting
Biosecurity Checks
To protect the on-going health of the lake from potential
biosecurity risks.
Controls around where vehicles
can be Park and what areas
within the Taharoa Domain can
be accessed by vehicles.
This is to help protect the wider Domain environment,
preventing damage to sensitive environments or places of
cultural significance.
Time frames: what will happen
next after submissions close.
Hearings and deliberations will be held in February with a
final bylaw going to the Council meeting in March. Sign off
from the Minister of Conservation (or their representative) will
then be sought. Once this sign off has been gained a pubic
notice can then be placed stipulating when the bylaw will
come into force.
2 – Month Consultation over
December – January 2018/19
This is to capture as many users to the lakes as possible.
7 Communication platforms
Platform Used for When
News article and back page Back Page
Mayoral update
Media Release
Beginning of December –
special Summer Lifestyler
edition.
Early January media coverage
e-newsletters Email to community groups Beginning of December and
reminders beginning and end
of January.
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Website Dedicated page linked to
Homepage.
Link on Taharoa Domain
Campground webpage
Ready to go prior to
consultation beginning.
Face-to-face formal meetings –
Mayor and councillors
Interviews/meetings with
stakeholders
Maybe tie in with the
information days suggested
below.
Dedicated e-mail address Means for direct feedback Needs to be set up prior to the
consultation period.
Paper copies of bylaw and
submission forms available.
To be made available at the
Camp Ground
Ready to go prior to
consultation beginning.
Kai Iwi Lakes information Days Face to face conversations to
talk to people about the Bylaw
and any other
2-3 individual Days out at the
Kai Iwi Lakes over the summer
period. Maybe able to tie in
with other events or
consultations that could occur
over the same time period.
8 Communication programme
What we want our audiences to know, think and do as a result of the communication?
- Feel they have been heard and their views considered
- Understand why Council has made the decisions
- Come on board to assist Council in implementation (advocacy/volunteer action)
- Feel supported by Council in their actions
Who When What Why
Regular users of the
Lakes
Throughout
consultation
process
That the bylaw is being
implemented to protect,
enhance and manage the
demand visitors and users place
on a fragile environment.
To minimise
outrage, and re
litigation of the
power boats
decisions of
previous Councils.
Every one Throughout
consultation
process
Feel they have been heard and
their views considered.
To ensure a spread
of views and
feedback is brought
forward to the
Council/Committee.
33
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Every one Throughout
consultation
process
That the correct process has
been followed even if they do
not agree with the outcome.
To minimise judicial
review.
9 Issues and Risks
Issue/Risk Impact/likelihood Mitigation Responsibility
Re-litigation of the
direction in the RMP
High Clear communication messages
around the scope of what they
can submit on through the
consultation.
Policy Team
and Comms.
Process is flawed Low Legal review and input into key
resolutions and documentation.
Policy Team
10 Measures of success
We will know we are successful when we have:
1. Mana Whenua support and agreement
2. Received submission that have considered issues and provided relevant feedback.
3. The quality of input which clearly reflects an understanding of scope of the consultation
process.
4. Received 75% of the submissions which, can be directly attributed to parts of the proposed
bylaw.
10.1 Process to evaluate
The Taharoa Domain Bylaw Consultation process will be monitored as part of discussions at a
Taharoa Committee meeting, and once all submissions are collated and Policy report tabled.
34
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KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 2018
Attachment 4: Legal Review Version
Kaipara District Council
Taharoa Domain Bylaw 2018
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TAHAROA DOMAIN BYLAW 2018
KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 1
Contents
Contents ............................................................................................................................................................1
Taharoa Domain Bylaw 2018 ............................................................................................................................2
1 Title ...............................................................................................................................................................2
2 Application ....................................................................................................................................................2
3 Objectives .....................................................................................................................................................2
4 Commencement ...........................................................................................................................................3
5 Interpretation .................................................................................................................................................3
6 Relationship to other Council bylaws ............................................................................................................4
7 Use of power-driven vessels.........................................................................................................................4
8 Use of boatramps .........................................................................................................................................4
9 Vehicle movements and parking ..................................................................................................................5
10 Powers of Council or any Officer ..............................................................................................................5
11 Specific authorisation under this bylaw ....................................................................................................6
12 Offence and penalty ..................................................................................................................................6
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TAHAROA DOMAIN BYLAW 2018
KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 2
Taharoa Domain Bylaw 2018
Pursuant to the Local Government Act 2002 and the Reserves Act 1997, the Kaipara District Council makes the
following bylaw.
1 Title
This bylaw shall be cited and referred to as the Taharoa Domain Bylaw 2018.
2 Application
The provisions shall apply to the Taharoa Domain (the Domain) and activities on Lake Waikare and
Lake Kai Iwi which are located within the Domain. This bylaw does not include activities on Lake Taharoa
as it is governed by the Northland Regional Council’s Kai Iwi Lakes Navigational Safety Bylaw under
jurisdiction of Maritime Enforcement Officers. This bylaw however does govern land-based activities
situated around Lake Taharoa.
3 Objectives
The objectives of this bylaw are:
(a) To protect the cultural, environmental, and social values, of Lake Waikare, Lake Kai Iwi and their
surrounds within the Domain as set out in the Reserves Management Plan Kai Iwi Lakes (Taharoa
Domain) 2016 (the RMP).
(b) To protect the safety of the recreational users on the Lakes and within the Domain.
(c) To enable Kaipara District Council to implement the policies of the RMP.
(d) To enable Kaipara District Council, as the administrating body of the Domain, to meet its
requirements under the Reserves Act 1977.
(e) To provide for the authorising of boats for safety and research purposes, as per the RMP.
Explanation
The RMP contains aims that have been grouped into Management areas. The objectives relate to:
AIM 2: CULTURAL: The relationships of tangata whenua and other peoples, their history, culture and
traditions will be reflected and acknowledged in how Kai Iwi Lakes are developed and cared for.
AIM 3: ENVIRONMENTAL: Completing our knowledge about Kai Iwi Lakes will enable effective
protection and enhancement of its natural environment and pristine waters.
Relationship of this bylaw with other Council bylaws:
This bylaw does not negate the need to comply with provisions of other relevant Council bylaws. This bylaw
should be read in conjunction with other Council Bylaws, particularly Council’s Consolidated General Bylaw
which include rules around fires and litter.
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TAHAROA DOMAIN BYLAW 2018
KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 3
AIM 4: RECREATION: A diverse range of recreational activities which are compatible with the cultural
and ecological values of Kai Iwi Lakes, will be available for all visitors.
Each of these aims are supported by their own objectives and actions.
4 Commencement
This bylaw comes into force on << Date >> subject to the approval by the Minister of Conservation
pursuant to s108 of the Reserves Act 1988 or on such later date as that approval may be obtained.
5 Interpretation
(1) In this bylaw, unless the context otherwise requires:
the Act means the Reserves Act 1977.
Council means the Kaipara District Council.
the Domain means the Taharoa Domain.
Ecological values means those values that contribute to the natural ecology of the Lakes
and surrounding Domain and is noted within supporting documentation
to the Reserves Management Plan Kai Iwi Lakes (Taharoa Domain)
2016 (RMP).
Environmental Values means the environmental values highlighted within the Reserves
Management Plan Kai Iwi Lakes (Taharoa Domain) 2016 (RMP) and
supporting documentation to this RMP.
Event means an organised temporary activity that takes place on one or more
days including an organised competition, gathering, parade, protest,
multi-venue sports event of a significant scale, fun run, marathon,
duathlon or triathlon. For the purposes of this bylaw, sports practice or
training is not an event.
the Lakes means Lake Taharoa, Lake Kai Iwi and Lake Waikare.
the Reserve Management
Plan OR
the RMP
means the Kai Iwi Lakes (Taharoa Domain) Reserve Management Plan
2016.
Management operation means an activity considered necessary for the management of the
reserve as determined by Council.
Maritime Enforcement
Officer
means a person appointed as an Enforcement Officer under s33G of
the Maritime Transport Act 1994.
Officer means
a) any ranger or constable; and
b) any officer or employee of the Council who is authorised to exercise
the powers of an Officer under Part 5 of the Act.
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KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 4
Power-driven vessel means any vessel propelled by machinery.
the Reserve means Taharoa Domain (a recreation reserve subject to the Reserves
Act 1977).
Shore for the purpose of this bylaw means the land between ordinary high- and
low-water marks of the Lakes.
Specifically authorised means permission is provided in writing by an Officer of the Council as
the administrating body of the Reserve. Including any conditions which
they may set.
Vessel means every description of a ship, boat or a craft used in navigation on
the water, whether or not it has any means of propulsion and includes
a:
(a) seaplane while on the surface of the water;
(b) personal watercraft (jet ski);
(c) raft;
(d) paddle craft; or
(e) any board used for board sports.
(2) Explanatory notes are for information only and do not form part of this bylaw.
6 Relationship to other Council bylaws
This bylaw does not negate the need to comply with provisions of other relevant Council bylaws. This
bylaw should be read in conjunction with other Council Bylaws, particularly Council’s Consolidated
General Bylaw which include rules around fires and litter.
7 Use of power-driven vessels
No person may operate a power-driven vessel on Lake Waikare or Lake Kai Iwi unless the
power-driven vessel has been specifically authorised under clause 11 as a:
(a) safety vessel for an event; or
(b) vessel for scientific and research purposes; or
(c) vessel for management operations.
8 Use of boatramps
(1) All power-driven vessels must use the boatramp designated on the Map in Schedule A to enter
Lake Taharoa. Power-driven vessels may not enter Lake Taharoa at any other place.
(2) Use of power-driven vessels entering Lake Waikare is restricted. Power-driven vessels that have been
specifically authorised as a safety vessel for events, or for scientific and research purposes or for
management operations, in accordance with clause 12 below, may only enter the Lake subject to the
following conditions:
(a) Only the designated boat ramp at Lake Waikare is used (refer to Map A for boat ramp location);
and
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KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 PAGE | 5
(b) that any directions given by an Officer are followed.
No other power-driven vessels may enter Lake Waikare.
(3) All other vessels may enter Lake Waikare at the designated boat ramp, or at any other place around the
Lake, provided that no vehicle or trailer is driven on or across the shore (refer to Map A for boat ramp
location).
(4) No person shall move any vehicle on any boat ramp at a speed exceeding 5km.
(5) No person shall leave any vessel trailer or motor vehicle on or near any boat ramp so as to obstruct the
safe and reasonable use of the boat ramp by any other person.
(6) No person shall launch and use any boat trailer other than in accordance with the requirements of this
bylaw.
(7) The Taharoa Domain Manager or Council’s Chief Executive may make rules for the use of the boat ramps
at the Taharoa Domain for safety reasons.
(8) An Officer may refuse vessel or power-driven vessel access to the Lakes if the owner or master refuses
to undertake a biosecurity check upon request.
9 Vehicle movements and parking
(1) No vehicle, other than an emergency vehicle, shall be driven on or along the shore except at the
designated boat ramps.
(2) Vehicles must not be driven anywhere in the Reserve other than on a formed road unless:
(a) It is within parking areas shown on the Map in Schedule A of this bylaw; or
(b) Directed by an Officer.
(3) Vehicles can park on any parking area shown on the Map in Schedule A or within dedicated parking areas
in the confines of either of the two camp grounds within the Reserve.
(4) Designated drop-off zones as shown on the Map in Schedule A must be used to drop off people and
equipment or other items. No vehicle (or trailer) shall be parked for more than 10 minutes in any drop-off
zone next to a designated boat ramp.
(5) An Officer may set aside an area for parking, or close a parking area, or declare an area to be a drop-off
zone for the purposes of this bylaw.
(6) An Officer may set aside an appropriate area to allow for biosecurity checks to be undertaken within the
Reserve.
10 Powers of Council or any Officer
(1) The Council or any Officer may close a boat ramp from time to time when considered necessary to protect
the environmental or ecological values of the Lakes or for reasons of public safety and no person shall at
this time use the boat ramp(s) without the consent of Council or an Officer.
(2) The Council or any Officer may refuse vessel access to the Lakes if the owner or master refuses to
undertake a biosecurity check upon request.
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(3) Where any vessel or power-driven vessel (or vessel trailer or motor vehicle) is on the Reserve, or is being
used on the Reserve, in a manner contrary to this bylaw, and the owner or master of such vessel or
vehicle does not comply when requested to do so or cannot be readily located, an Officer may authorise
the removal of the vessel or vehicle to another place of reasonable safety, provided that he or she has
first advised the person in possession (if any) of that vessel or vehicle.
Explanatory Notes: Relevant enforcement powers in Part 5 of the Reserves Act 1977 apply to this Bylaw. In
particular:
Ssection 93(1) of the Reserves Act states, “Any officer may summarily interfere to prevent any actual or
attempted breach of this Act or of any regulation or bylaw thereunder, and he or she may require any
person found offending to desist from the offence. If any person when so required continues the offence,
he or she commits a further offence against this Act.”
Section 94(2)(b) of Reserves Act authorises an officer to request a person to remove an “illegal”
vehicle or boat from the reserve, and it is an offence to fail or refuse to do so when requested.
In addition, the seizure and impounding provisions in sections 164 to 167 of the Local Government Act
2002 can be used in relation to breaches of this bylaw.
11 Specific authorisation under this bylaw
(1) Specific authorisation under this bylaw is required to use a power-driven vessel on Lake Waikare and
Lake Kai Iwi and shall be given only for a safety –vessel for an event, or a vessel for scientific and
research purpose or a vessel for management operations.
(2) Any request for authorisation under this section shall be made in writing to Council at least 20 working
days prior to the event, or when any scientific or management activities are proposed to occur.
(3) Any such authorisation may be subject to such terms and conditions as the Officer giving permission
thinks fit.
12 Offence and penalty
Every person who contravenes this bylaw commits an offence and is liable to the penalty set out in s104
of the Reserves Act 1977.
To be added once approved.
The Bylaw was made by the Kaipara District Council by Special Consultative Procedure and confirmed
at a meeting of Council held on ….
This Bylaw was approved by the Minister of Conservation on … pursuant to Section 108 of the
Reserves Act 1977.
Schedule A – Map
43
5105.12
CB-20181101-Lincoln Downs Prpty Browns Rd rpt
JB
Lincoln Downs Property – 295 Browns Road, Hakaru
Meeting: Council Briefing
Date of meeting: 01 November 2018
Reporting officer: John Burt, Property and Commercial Advisor
1 Purpose
To provide Council with information on possible future utilisation and/or divestment of the
Lincoln Downs property on Browns Road, Hakaru.
2 Background
In 2007, Council purchased the Lincoln Downs Property for just over $5 Million. The property of
247 Ha was being utilised as a dairy farm, but this use ended when Council purchased the
property. The property was purchased was purchased for the storage and disposal of treated
wastewater for the Mangawhai Community waste water scheme (MCWWS) that was being
developed. Between its purchase and the commissioning of the MCWWS in late 2009 a large
storage dam and irrigation system was constructed on the property. The irrigation system has
been expanded a number of times and a contract was recently awarded to expand the system
further so it covers a total of 65ha (this is the area covered by the existing NRC discharge
consent). Although this expanded area will provide sufficient capacity for the medium term there
may be a need to expand the irrigation further in the long term to accommodate growth
The upper portion of the property are steep hill country mainly covered in scrub and
regenerating native vegetation, although there is still upper areas of grazing which is utilised
mainly in winter. The farmer grazing the farm, which includes the irrigated portions periodically
pays an annual rental of $20,700.
3 Discussion
The Mangawhai Tracks Charitable Trust has developed a proposal to utilise the upper portion of
the property for the development of mountain bike trails. To this end they have presented a
proposal by way of a deputation but Council has yet to formally consider it.
There are also a number of other possible uses in respect of the property that Council has not
yet had the opportunity to consider. These are:
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2
Iwi Interest
Earlier this year, Council was approached by the Office of Treaty Settlements (OTS) who
wanted to ascertain if the Council would be interested in making the Brown Road property
available for purchase. A copy of the initial email is attached. Subsequently after providing OTS
with information on this and other properties, along with Council’s policies related to disposal of
land we have been advised by letter (attached ) that Te Rūnanga o Ngāti Whātua’s are
interested in four Kaipara District Council (KDC) properties that the Office of Treaty Settlements
and the KDC have previously discussed. This includes the Browns Road, Property. OTS were
advised that KDC would need to retain an interest in at least some of the Browns Road property
for the long term due to it being utilised for disposal of treated wastewater. OTS have now
suggested that Council engage directly with Te Rūnanga o Ngāti Whātua’s but this has not yet
happened as some direction from Council is necessary.
WW Disposal Options:
Council’s infrastructure team are currently looking at amending the existing consent to hopefully
allow additional discharge volume, and also change the nitrogen limit from an average
concentration to a total load per annum which will hopefully give us some more capacity. Once
we have completed this we will then start to investigate further future disposal options so we
can confirm the preferred option and include budgets in the next LTP’s. Previous studies have
identified the upper portion of the property as potentially available for treated WW disposal.
4 Attachments
Email/Letter from Office of Treaty Settlements
John Burt
24 October 2018
46
1
Lisa Hong
From: Peter Tynan
Sent: Tuesday, 23 January 2018 1:47 p.m.
To: Kirk, Hamish
Cc: Shelley Paniora; John Burt
Subject: RE: Commercial Redress for Treaty Settlements
Follow Up Flag: Follow up
Flag Status: Flagged
Thanks Kirk
I will get our Commercial manager (John Burt) to advise.
Peter
From: Kirk, Hamish [mailto:[email protected]]Sent: Tuesday, 23 January 2018 1:19 PMTo: Peter Tynan <[email protected]>Cc: Shelley Paniora <[email protected]>Subject: Commercial Redress for Treaty Settlements
Kia ora kōrua
Thank you for your reply Peter. As part of a preliminary investigation in to identifying properties for commercialredress for Treaty Settlement purposes, I am looking at whether the Kaipara District Council is interested inmaking either of the two properties listed below available for purchase.
I have attached aerial pictures to help identify the properties in question.
Pouto Road, Te Kopuru13.3951 hectares, more or less, being Allotment 34 Parish of Tatarariki. All computer freehold register 434950.0.4385 hectares, more or less, being Part Allotment 23 Parish of Tatarariki. All computer freehold registerNA763/85.
295 Brown Road, Hakaru, Kaiwaku156.2983 hectares, more or less, being Lot 1 DP 177388, Lot 3 DP 209183 and Lot 7 DP 379908. All computerfreehold register 320233.21.4090 hectares, more or less, being Lot 6 DP 379908. All computer freehold register 320232.70.0608 hectares, more or less, being Lot 1 DP 204704, Lot 2 DP 331960 and Allotment 232 Parish of Kaiwaka. Allcomputer freehold register 131195.
I am happy to provide any further details or discuss further over the phone if you prefer.
Ngā mihi, Hamish KirkAnalyst | Office of Treaty SettlementsTe Tari Whakatau Take e pa ana ki te Tiriti o WaitangiP +64 4 466 4128 | Ext 44128L6 Justice Centre Building | 19 Aitken Street | [email protected] | www.ots.govt.nz
47
2
From: Peter Tynan [mailto:[email protected]]Sent: Wednesday, 17 January 2018 6:18 p.m.To: Kirk, Hamish <[email protected]>Cc: Shelley Paniora <[email protected]>Subject: FW: Property Management contact
Hi HamishVenessa has flicked your email to me.It really depends on the properties. We do not currently have central person.If you can give me more detail will follow up – or Shelley will !
Peter TynanActing CE KDC
From: Venessa AnichSent: Tuesday, 16 January 2018 4:15 PMTo: Peter Tynan <[email protected]>Subject: FW: Property Management contact
From: Kirk, Hamish [mailto:[email protected]]Sent: Monday, 8 January 2018 12:44 PMTo: Council <[email protected]>Subject: Property Management contact
Tēnā koe
Could you please advise of a contact within the council to discuss some properties that have been raised in TreatySettlement discussions?
Ngā mihi, Hamish KirkAnalyst | Office of Treaty SettlementsTe Tari Whakatau Take e pa ana ki te Tiriti o WaitangiP +64 4 466 4128 | Ext 44128L6 Justice Centre Building | 19 Aitken Street | [email protected] | www.ots.govt.nz
Confidentiality notice:This email may contain information that is confidential or legally privileged. If you have received it bymistake, please:(1) reply promptly to that effect, and remove this email and the reply from your system;(2) do not act on this email in any other way.Thank you.
Confidentiality notice:
48
3
This email may contain information that is confidential or legally privileged. If you have received it bymistake, please:(1) reply promptly to that effect, and remove this email and the reply from your system;(2) do not act on this email in any other way.Thank you.
49
5105.12
CB 20181101 Use of Funds rpt
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Use of Funds from Sale of Properties
Meeting: Council Briefing
Date of meeting: 01 November 2018
Reporting officer: Sue Davidson, GM Risk, IT and Finance
1 Purpose
Council has requested discussion on how proceeds from Sale of Properties is being utilised and
whether a new policy for Use of Funds from Sale of Property should be devised.
2 Background
Reduction of Debt
The Commissioners’ goal was to reduce the debt of Council and to guide it out of its troubled
financial times.
Debt of $58 million on the Mangawhai Community Wastewater Scheme had been incurred and
allocated over 30-year repayment as follows:
Mangawhai targeted rate $13m
Development Contributions $27m (to be re paid by 2046)
General debt–general rate $18m (This has reduced markedly because of sales,
Audit NZ and GST payments)
Total debt related to scheme $58m
Property, Sale and Acquisitions Policy 2016
Commissioners also identified in the Property, Sale and Acquisitions Policy that the property
portfolio be reviewed regularly and ‘where property is no longer being used for its intended
purpose, or cannot meet that purpose, it will be reassessed for either disposal or used for
another valid purpose’.
The Commercial and Property Adviser has a list of property to be disposed of. These properties
are all across the district, but the valuable property sold relates to forestry parcels that are
domiciled on the west coast.
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2
In recent years, property sales have been as follows:
Property Sales
2016 1.4m Various properties
2017 0.6m Various properties
2018 4.6m Primarily forestry land
The funds from these properties have reduced the debt due to general district debt.
December 2015 Policy
In December 2015, the Commissioners reaffirmed their ‘Policy for the application of sale
proceeds to Debt’.
The policy says that in accordance with the treasury management policy, Council has
commenced a programme of selling surplus property. The proceeds of these sales are to be
applied to debt. For 30 June 2016, Council was projecting debt of $74.5 million across a number
of activity areas.
Part 4 of the policy states that:
‘Proceeds will be applied:
First: to any debt that proceeds are attached to.
Second: to rate funded general debt in the area in which the proceeds are realised. In the case
of Mangawhai. If there is no general rate funded debt then proceeds should be applied to the
future community tranche of the debt of the debt to reduce financial risk to the district.
Third: to general debt.
Fourth: to all other debt (on a pro rata basis).
Any exceptions to the policy need to be explicitly authorised by Council.’
This policy was re-affirmed by the new Council in December 2016.
Treasury Policy adopted as part of the 2018-2028 Long Term Plan
Clause 4.5 states ‘The funds from all asset sales ,operating surpluses, grants and subsidies will
be applied to the reduction of debt and/or a reduction in borrowing requirements once any direct
debt obligations are repaid, unless Council specifically directs that the funds will be put to
another use’.
It would be normal to indicate any other use of the funds to be discussed as part of an Annual
Plan process or at least at the time of sale of the land in question.
2018-2028 Long Term Plan
The LTP was based on the assumption that all sales of property would reduce debt. External
debt is reduced by sales, annual repayment of debt, and revenue from both development and
financial contributions. External debt is now down to $46m as at 30 June 2016.
54
5105.12
CB 20181101 Use of Funds rpt
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3
Council keeps a second set of figures of debt for rating purposes.
East Coast funds
There are funds that have been set up to benefit the East coast only and under control of the
community.
MELA Fund ($5,190,000) which resulted from the Harbour Board to benefit the Otamatea area.
Harbour Restoration Society collects a special rate for its use.
Forestry Land
Council acquired the Hobson County Council forestry land as a consequence of the 1989
amalgamation process. Council owned 631 hectares - now 271 hectares.
Costs of maintaining these blocks has been borne by the general ratepayer.
Council agreed to some of the land to be sold in 2017 and approved the land to be sold on
26 September 2017.
At its meeting of 04 December 2017 when discussing Forecast One 2017/18, the following
resolution was passed:
‘6 Approves the use of $3.1 million of prior year surpluses and general reserves to reduce
the district-wide portion of the Mangawhai Community Wastewater Scheme debt; and
7 Notes that the $5.3 million of forestry asset sales will reduce the district-wide portion of
the Mangawhai Community Wastewater Scheme and
8 Instructs the Chief Executive to provide Council with a full briefing in February 2018 on all
options on the use of proceeds from this specific asset sale.’
Significance Policy
While the financial impact of a proposal or decision is not the only consideration of significance,
it is one which can be easily quantified. Council uses a guide to these financial thresholds for
measuring the impact on an annualised basis as:
involving $3,000,000 per annum or more budgeted expenditure;
involving $300,000 per annum or more unbudgeted expenditure;
increasing annual rates or specific targeted rates by 10% or more
Any reallocation of past property proceeds would have to be looked at in terms of the
significance policy and any reallocation of sales proceeds should be consulted upon.
3 Discussion
It is quite clear that the treatment of property sales to be recorded against debt is being followed
as per Council policies.
Past sales have been allocated and for this to change the Significance Policy thresholds would
be reached and any proposal would need to go out to Consultation.
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4
Future sales allocations could be made by changing policy or resolving that individual sales
proceeds can be allocated to a new fund set up for the West Coast communities if Council
deemed this the correct treatment. This would further differentiate the two coasts rather than
one community outlook taken with the current policies since amalgamation.
Sue Davidson
24 October 2018
56
4101
CB 20181101 Funding for Roading rpt
CO
EquiP – Funding for Roading
Meeting: Council Briefing
Date of meeting: 01 November 2018
Reporting officer: Curt Martin, General Manager Infrastructure
1 Purpose
The purpose of this briefing is to explain the strategy for achieving long-term optimal road
maintenance investment so Council can decide if it wishes to continue with Stage 3. Stage 3
seeks to identify any efficiencies to reduce funding demand and access provincial funding to
fund the plan.
2 Background
A briefing with elected members held on 23 August 2018 found that while the road maintenance
strategy was sound, there was a question around whether there was enough funding to
implement this strategy and deal with the very high number of customer complaints. This
briefing presentation reports back on a strategy to address this issue, based on interviews with
elected members, staff and NZTA, presentations to the Road Panels and LGNZ’s expertise.
Curt Martin
26 October 2018
57
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