Minutes of Hearings Committee held on 22 March 2018

Hearings Committee

MINUTES

Minutes of an ordinary meeting of the Hearings Committee held in the Edinburgh Room, Municipal Chambers, The Octagon, Dunedin, on Thursday 22 March 2018, commencing at 9.00 am

PRESENT

Chairperson

Commissioner Colin Weatherall

IN ATTENDANCE

Grant Redman (Commercial and Project Manager, Parks and Recreation) and Maria Sleeman (Leasing Officer, Parks and Recreation)

Governance Support Officer Wendy Collard

Commissioner Weatherall advised that he was the Chairperson of the Sunnyvale Sporting Centre and was dealing with staff on a matter along with the Sunnyvale Sporting Centre's Legal Counsel. Mr Weatherall commented that he did not have a pecuniary interest in the matter.

1 Submission on Emerson Park Recreation Reserve Revocation of Reservation

The Commissioner gave consideration to the proposed Reserve revocation over part of the Emerson Park Recreation Reserve.

The report noted that in 1984 a small part of Emerson Park Recreation Reserve (the Reserve) was developed to be used as part of the adjoining property at 18 Emerson Street, Dunedin, with a licence to occupy the reserve land granted to the owner.

The owner has applied to purchase the licensed land that was legally part of the Reserve. The sale of the land was approved by Council at its meeting held on 28 March 2018. Part of the process to give effect to the sale was that the recreation reservation of the licensed land needed to be revoked. The action was undertaken under section 24 of the Reserves Act 1977 and came with a public notification process as specified in Section 24(2)(c).

One submission was received with the submitter wishing to be heard. The submission described that the area was set aside for off-leash exercise for dogs pursuant to clause 5.6.1(d) of the Dunedin City Dog Control By-Law 2016.

Under the Reserves Act 1977, submitters needed to demonstrate that the area was required for future recreational use. Revocation of part of the reserve would not detract from the amenity, or the use of the balance reserve. Therefore it was recommended that the objection be declined in this instance.

The Commercial and Project Manager (Grant Redman) spoke to the report and provided a background to the working party which had been formed to help identify how dog control could be better managed in the City. Mr Redman commented that consideration of improving the operation of the Dog Control Bylaw ("the Bylaw") was one factor in the matters under contemplation by the working party. He noted that the submitter was a member of this working party. Mr Redman advised that he felt that these matter were not able to be taken into account in respect of the decisions as they related to a different Council processes. Therefore, parts of the submission which referred to those factors should be given no weight.

In response to questions, the Leasing Officer (Maria Sleeman) advised that the land concerned had never been used as part of the Reserve by a creek and had been leased by the owner for a number of years. Mrs Sleeman commented that while it had been expired for a number of years, it had taken this time to get to this point.

Mrs Sleeman responded to a question on the reinstatement of the land should the revocation be declined and whether the cost for this would lie with the owners of 18 Emerson Street. She advised that Council had yet to make a decision.

Submitter

Karen Anderson spoke to her submissions and commented that the granting of the leases, licences and the revocation of Reserves would be inconsistent with status created by the Bylaw.

Miss Anderson then spoke to her submission on the Emerson Park Recreation Reserve revocation of reservation and advised that the reasons for her objection included:

· Right of access for dogs off the leash as provided for by the Bylaw;

· the revocation of the reserve would be changing the Bylaw; and

· concerns contaminants and the removal of structures should the revocation of the reserve be declined.

Miss Anderson commented that the Commissioner was making a decision on what was happening now and what might be happening in the future.

2 Submission on the Granting of a Licence over part Mulford Park Recreation Reserve

The Commissioner gave consideration to the granting of a licence over part of the Mulford Park Recreation Reserve.

The report noted that a grazing licence was proposed to be granted to R I McKay over part of Mulford Park Recreation Reserve which was a large area of land adjacent to Mulford Street, and situated behind the houses largely on Mulford Street and parts of Bell and Roy Crescents. The proposal had been notified under Sections 119 and 120 of the Reserves Act 1977.

One submission was received from a submitter who wished to be heard. The primary point was that the proposed licence was inconsistent with the Dog Control Bylaw and that no public benefit was provided.

3 Submission on the Granting of a Lease over part Miller Park Recreation Reserve

The Commissioner gave consideration to the granting of a lease over part of Miller Park Recreation Reserve.

The report advised that a lease was proposed to be granted over part of the Miller Park Recreation Reserve for the occupation of the Con-Rodders Rod and Custom Club Inc and Stateside Streeters Inc ("the Car Club") club rooms at Carnforth Street, Abbotsford. It noted that the proposal had been notified under Sections 119 and 120 of the Reserves Act 1977.

One submission was received from a submitter who wished to be heard. The submitter advised that the issue did not lie with the proposed lease but entirely with the Dog Control Bylaw 2016.

4 Submission on the Granting of a Lease over part Mosgiel Memorial Park

The Commissioner gave consideration to the granting of a lease over part of Mosgiel Memorial Park.

The report noted that a lease was proposed to be granted to the Athletics Taieri Inc over part of the Recreation Reserve known as Mosgiel Memorial Park. The address of the park is 187D Gordon Road, Mosgiel and located on Reid Avenue adjacent to the Mosgiel Football and Squash Club building. The proposal was notified under Sections 119 and 120 of the Reserves Act 1977.

One submission was received from a submitter who wished to be heard. The submitter advised that the issue did not lie with the proposed lease but entirely with the Dog Control Bylaw 2016.

5 Submission on the Granting of a Lease over part Momona Recreation Reserve

The Commissioner gave consideration to the granting of a lease over part of Momona Recreation Reserve.

The report noted that a lease was proposed to be granted to the Momona Playgroup was located on the corner of Bruce and Centre Roads at 2 Bruce Road, Momona. The proposal was notified under Sections 119 and 120 of the Reserves Act 1977.

6 Submission on the Granting of a Lease over part Waikouati Recreation Reserve to the Eastern Rugby Football Club Inc

The Commissioner gave consideration to the granting of a lease over part of the Waikouaiti Recreation Reserve.

The report advised that a lease was proposed to be granted over part of the Waikouaiti Recreation Reserve for the occupation of the Eastern Rugby Football Club rooms at 133 Matanaka Drive, Waikouaiti. The proposal was notified under Sections 119 and 120 of the Reserves Act 1977.

One submission was received from a submitter who wished to be heard. The submitter advised that the issue did not lie with the proposed lease but entirely with the Dog Control Bylaw 2016.

7 Submission on the Granting of a Lease over part Waikouati Recreation Reserve to the Waikouaiti District Pony Club Inc

The Commissioner gave consideration to the granting of a lease over part of the Waikouaiti Recreation Reserve.

The report advised that a lease was proposed to be granted over part of the Waikouaiti Recreation Reserve for the occupation of the Waikouaiti District Pony Inc club rooms and training paddock located near and behind the tennis courts and bowling green at the end of the drive accessing the Reserve. The proposal was notified under Sections 119 and 120 of the Reserves Act 1977.

One submission was received from a submitter who wished to be heard. The submitter advised that the issue did not lie with the proposed lease but entirely with the Dog Control Bylaw 2016.

Miss Anderson spoke to her remaining submissions and reiterated the points that she made during her verbal presentation on the Emerson Park Recreation Reserve Revocation of Reservation.

Miss Anderson then commented on the remaining leases and licences and her specific concerns with each of them.

The meeting adjourned at 10.22 am and reconvened at 10.40 am.

Miss Anderson continued with her presentation and then responded to questions .

STAFF REVIEW

Mr Redman reviewed the recommendations in the reports and advised that he maintained staff's recommendation to grant the leases and licences, and the Emerson Park Recreation Reserve revocation of reservation.

Mr Redman commented that the Parks and Recreation staff had not been involved in the review of the Bylaw and was unable to provide advice on it as it was not his area of expertise.

Mrs Sleeman commented that the recommendations had been made with the requirements of the Reserves Act 1977 and Council Policies as the focus.

In response to a questions regarding the Bylaw, Mr Redman advised the consideration and weighting of the Bylaw was a matter for the Commissioner. He commented that the Commissioner would need to form a view on how it impacted on the Reserves Act.

The meeting adjourned at 11.29 am.

Decisions

The Commissioner gave final consideration to the objections, and all other information presented at the hearing; and in particular the weight that needed to apply to the evidence presented regarding the Dunedin City Council Dog Control Bylaw 2016.

The Commissioner ruled:

Emerson Park Recreation Reserve Revocation of Reservation

That pursuant to section 120 and Section 24(i)(b) of the Reserves Act 1977, the Dunedin City Council grants the revocation of the Recreation Reserve status as the land is surplus to reserve requirements. This land being part of Emerson Street Reserve legally described as 0.0550 hectares (subject to survey) more or less being part Section 11, Block XV, Dunedin and East Taieri Survey District, part Computer Interest Register 447977 and shown in the area attached to the decision.

Licence over part Mulford Park Recreation Reserve

That acting in the capacity of administering body and pursuant to section 74 of the Reserves Act 1977, the Dunedin City Council grants the licence being the grazing land adjacent to 93A Mulford Street, more particularly described as 1.6713 ha more or less being part Lot 1, DP 16454, part NZ Gazette 512212 for five years from 1 May 2018.

That acting under the Minister's delegation and pursuant to section 74 of the Reserves Act 1977, I recommend that Council grants a licence to R I McKay over part Mulford Park Recreational Reserve being the grazing land adjacent to 93A Mulford Street more particularly described as 1.6713 ha more or less being part Lot 1, DP 1645, par NZ Gazette 512213 for five years from 1 May 2018.

Lease over part Miller Park Recreation Reserve

That acting as the administering body and pursuant to section 120 of the Reserves Act 1977, the Dunedin City Council grants the lease to the Con-Rodders Rod and Custom Club Inc & Stateside Streeters Inc being situated at part Miller Park Recreation Reserve, Carnforth Street, Abbotsford more particularly described as 107m² more or less being part Section 162, Block V, Lower Kaikorai Survey District, part NZ Gazette 1982 page 1641 for 20 years from 18 August 2014.

That acting under the Minister's delegation and pursuant to section 54(1)(b) of the Reserves Act 1977, I recommend that Council grants a lease to the Con-Rodders Rod and Custom Club Incorporated & Stateside Streeters Incorporated under Section 54(1)(b) of the Reserves Act 1977 being the land situated at part Miller Park Recreation Reserve, Carnforth Street, Abbotsford more particularly described as 107m² more or less being part Section 162, Block V, Lower Kaikorai Survey District, part NZ Gazette 1982 page 1641 for 20 years from 18 August 2014.

Lease over part Mosgiel Memorial Park

That pursuant to section 120 of the Reserves Act 1977, the Dunedin City Council grants the lease to Athletics Taieri Inc being situated at Mosgiel Memorial Park, 187D Gordon Road, Mosgiel more particularly described as 428m² more or less being part Lot 1, Deposited Plan 9385, part Computer Freehold Register 289571 for 20 years from 1 July 2015.

That pursuant to section 54 (1)(b) of the Reserves Act 1977, I recommend that Council grants a lease to Athletics Taieri Inc being the land situated at Mosgiel Memorial Park, 187D Gordon Road, Mosgiel more particularly described as 428m² more or less being part Lot 1, Deposited Plan 9385, part Computer Freehold Register 289571 for 20 years from 1 July 2015.

Lease over part Momona Recreation Reserve

That acting in the capacity of the administering body and pursuant to section 120 of the Reserves Act 1977, the Dunedin City Council grants the lease to Momona Play Group being situated at 2 Bruce Road, Momona more particularly described as 1710m² more or less being part River Section 41, West Taieri Survey District part NZ Gazette 1983 page 3637 for seven years from 1 July 2015.

That acting under the Minister's delegation and pursuant to section 54 (1)(b) of the Reserves Act 1977, I recommend that Council grants a lease to Momona Play Group being the situated at 2 Bruce Road, Momona more particularly described as 1710m² more or less being part River Section 41, West Taieri Survey District part NZ Gazette 1983 page 3637 for seven years from 1 July 2015.

I recommend that Council approves the lease to Momona Play Group being the situated at 2 Bruce Road, Momona more particularly described as 1710m² more or less being part River Section 41, West Taieri Survey District part NZ Gazette 1983 page 3637 for seven years from 1 July 2015 under the terms of the Minister of Conservation's delegation.

Lease over part Waikouaiti Recreation Reserve to Eastern Rugby Football Club Inc

Pursuant to sections 120 and 54 of the Reserves Act 1977, the Dunedin City Council acting in its capacity as the administering body grants the lease to Eastern Rugby Football Incorporated for 20 years from 1 October 2010 for land situated at Waikouaiti Recreation Reserve, 133 Matanaka Drive, Waikouaiti more particularly described as 342m² more or less being part Lot 3, DP 413, Block VI, Hawkesbury Survey District, Classified as Recreation Reserve as set out in part NZ Gazette 2017-In6355.

That in respect of the Council exercising the Minister's delegation pursuant to section 54 (1)(b) of the Reserves Act 1977, I recommend to the Council that it exercises the Minister's delegation to grant the lease to Eastern Rugby Football Incorporated for 20 years from 1 October 2010 for land situated at Waikouaiti Recreation Reserve, 133 Matanaka Drive, Waikouaiti more particularly described as 342m² more or less being part Lot 3, DP 413, Block VI, Hawkesbury Survey District, Classified as Recreation Reserve as set out in part NZ Gazette 2017-In6355.

Lease over part Waikouaiti Recreation Reserve to the Waikouaiti District Pony Club Inc

That acting as the administering body and pursuant to section 120 of the Reserves Act 1977, the Dunedin City Council grants the lease to Waikouaiti District Pony Club Incorporated being situated at Waikouaiti Recreation Reserve, Matanaka Drive, Waikouaiti more particularly described as 1.7842 hectares more or less being part Lot 3, DP 413, Block VI, Hawkesbury Survey District, Classified as Recreation as set out in part NZ Gazette 2017-In6355 for 10 years from 1 July 2018..

That acting under the Minister's delegation and pursuant to section 54 (1)(c) of the Reserves Act 1977, I recommend that Council grants a lease to Waikouaiti District Pony Club Incorporated being situated at Waikouaiti Recreation Reserve, Matanaka Drive, Waikouaiti more particularly described as 1.7842 hectares more or less being part Lot 3, DP 413, Block VI, Hawkesbury Survey District, Classified as Recreation as set out in part NZ Gazette 2017-In6355 for 10 years from 1 July 2018..

CHAIRPERSON