council briefing - kaipara.govt.nz · 1903.0/2018 cb agenda 01 november 2018 lh council briefing...

1903.0/2018 CB agenda 01 November 2018

LH

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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4702.31

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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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LH

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3216.0

CB Taharoa Domain Bylaw 2018

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Taharoa Domain Bylaw



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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CB%20Bylaw%20TD%20dft%20Consultation%20%20Engagement%20Plan%20Final%20Att%202.docx

CB%20TDGC%20Committee%20TOR%20Att%203.pdf

CB%20dft%20Taharoa%20Domain%20Bylaw%20legal%20Att%204.docx

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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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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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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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


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18

KAIPARA DISTRICT COUNCIL TAHAROA DOMAIN BYLAW 2018 2018



19


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

20




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.

21



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.

22



Maritime Enforcement

Officer

means a person appointed as an Enforcement Officer under s33G of

the Maritime Transport Act 1994.

Officer means


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.

23



(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.

24



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.

25



(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

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28

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

1 3216.03

Drfat Taharoa Domain Bylaw CB Bylaw TD dft Consultation Engagement Plan Final Att 2

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

2 3216.03


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

3 3216.03


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.

32

4 3216.03


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

5 3216.03


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



37



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

38




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.

39



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


b) any officer or employee of the Council who is authorised to exercise

the powers of an Officer under Part 5 of the Act.

40



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

41



(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.

42



(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

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5105.12

CB-20181101-Lincoln Downs Prpty Browns Rd rpt

JB

Lincoln Downs Property – 295 Browns Road, Hakaru



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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5105.12

CB-20181101-Lincoln Downs Prpty Browns Rd rpt

JB

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:

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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.

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LH

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5105.12

CB 20181101 Use of Funds rpt

SD

Use of Funds from Sale of Properties



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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SD

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.

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5105.12


SD

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

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4101

CB 20181101 Funding for Roading rpt

CO

EquiP – Funding for Roading



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

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council briefing - kaipara.govt.nz · 1903.0/2018 cb agenda 01 november 2018 lh council briefing...

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