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Parks and Reserves Management Plans

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Historic Reserves Management Plan

1. Introduction
2. The Planning Context
3. Tangata Whenua and Historic Reserves Management
4. General Objectives and Policies for Management of Historic Parks and Reserves
5. Levels of Service
6. Individual Historic Reserves - Management Objectives and Development Concepts

  • Clifton Area
  • Inglewood Area
  • New Plymouth Area
  • Waitara Area

7. Plan Implementation, Review and Amendment
8. Glossary
9. Appendix A - Instrument of Delegation for Territorial Authorities (March 2004)

1.Introduction


Historic parks and reserves are special places that have captured features relating to the community’s past, giving insight into how this community was formed. These parks and reserves have preserved a valuable resource that can be appreciated today and by future generations. The Historic Reserves Management Plan has been developed to identify appropriate uses and activities within each historic reserve and assist with day to day management and decision making and is a statutory document prepared under the Reserve Act 1977.

This document is an omnibus plan that applies to all historic reserves in which New Plymouth District Council (NPDC) is vested as the administering body or has appointment to control and manage under the Reserves Act (1977). It sets out objectives and policies in order to provide guidance to the Council about how these reserves will be managed and developed. Development concepts, which provide a vision for the future of each park or reserve, are also presented in this plan.

For the purposes of the New Plymouth District Historic Reserves Management Plan, a parcel of land is considered a ‘historic park or reserve’ if it meets some or all of the following criteria:

  • The land is managed by NPDC and used by the public as a park or reserve.
  • The land possesses places, objects and natural features which are historic, archaeological, cultural, educational and other special interest.

This plan should be read in conjunction with the NPDC General Policies for Reserves (2006). Where any matter is addressed by this document and the general policies, then the provisions in this document must take precedence. Figure 1 demonstrates how this document fits in the Council's overall strategic framework.
Key points regarding the way the plan deals with activities and the development of reserves are:

  • Where an activity or development is contemplated in this plan, this can not be taken as a guarantee that it will occur.  Decision making on particular activities and future development will take into consideration any requirements under the Reserves Act, Resource Management Act 1991 and Local Government Act 2002 as well as funding availability as determined through the Long Term Council Community Plan.  Public consultation may also be required, depending on the nature of the activity and the implications for other reserve users, reserve neighbours and the public at large. 
  • Where an activity is noted as prohibited on a reserve then any proposals for that activity will not be approved unless a subsequent review and amendment of the plan is undertaken, in part or in whole.
  • If the plan is silent on an activity, the activity may still be considered.  Decisions on whether or not to approve the activity will be weighed against the objectives and policies for the reserve and the general policies on reserves.

This management plan only addresses reserves owned and/or administered by New Plymouth District Council under the Reserves Act 1977.  

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 Flowchart showing statutory and non-statutory documents that guide day to day decision making regarding reserves.

Figure 1: Statutory and non-statutory documents that guide day to day decision making regarding reserves

1.1 Plan Overview

  • Provides the context within which this management plan has been developed, including national legislation, and plans and policies within Taranaki Region and New Plymouth District.
  • Describes considerations particular to tangata whenua in the district.
  • Outlines general policies, which apply to all historic parks and reserves.
  • Levels of service relating to the development of historic reserves
  • Outlines objectives and policies specific to individual reserves.
  • Summarises process for plan implementation, review and amendments.
  • Glossary.
  • Appendices.

1.2 Management Plan Objectives


The following are objectives for the Historic Reserves Management Plan:

  • To satisfy statutory requirements in the Reserves Act 1977 and subsequent amendments.
  • To provide a clear set of policies that allow NPDC to manage its parks and reserves resources consistent with the purpose of each reserve, both now and into the future.
  • To prepare a comprehensive document that deals with all historic reserves in an integrated manner.
  • To provide the people of New Plymouth District an opportunity to have a say in the management of their parks and reserves by making submissions to the preparation and development of this plan.

1.3 Planning Process


The process being followed for development and adoption of the New Plymouth District Historic Reserves Management Plan is consistent with Section 41 of the Reserves Act 1977, and as outlined in the Reserves Act Guide (Department of Conservation 1999). 

The intention to prepare the management plans was public notified in October 2009 and the public were invited to submit comments and information to guide its development. In total six comment forms were received. These were used to aid  the development of the draft plan, in particular the policies and aspects of the concept  development plans.

A second formal consultation period on the draft plans took place from March 2010 to May 2010, over a two month period. During this time the draft was made available to the public at a number of locations and formal submissions were invited. Eleven submissions were received on the draft management plan.

Amendments have been made to the draft plans as a result of the submissions, prior to the plan being presented to the Council for adoption.

This management plan was formally adopted by the Council at the Council meeting held on 31 August 2010.

The Conservation Support Manager, acting under delegated authority from the Minister of Conservation, approved those lands in the management plan classified as ‘historic reserve’ on 20 September 2010.

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2. The Planning Context

 

2.1 Legislative and Policy Context

 

2.1.1 Reserves Act 1977

 

2.1.1.1 Administration of Public Reserves


Public reserves are administered under the Reserves Act 1977. The general purpose of the Reserves Act (Section 3) is to:

  • Provide for the preservation and management of areas with recreational, wildlife, indigenous flora or fauna, environmental, landscape amenity, natural, scenic, historic, cultural, archaeological, biological, geological, scientific, educational, or community value for the benefit and enjoyment of the public,
  • Ensure, as far as possible, the survival of all indigenous species of flora and fauna,
  • Provide for the preservation of representative samples of all natural ecosystems and landscape,
  • Ensure, as far as possible, the preservation of access for the public to and along water margins.
  • Promote the protection of the natural character of the coastal environment and the margins of lakes and rivers.

2.1.1.2 Types of Historic Reserve Administered by New Plymouth District Council


All of the reserves administered by New Plymouth District Council are designated either for recreation, historic or local purpose. Most of the local purpose reserves in the New Plymouth district have the sub-classification of historic site and recreation. The Reserves Act sets out the purpose of the different types of reserve classifications.

Recreation Reserves
Section 17(1) of the Act states the purpose of recreation reserves are for the recreation and sporting activities and the physical welfare and enjoyment of the public, and for the protection of the natural environment and beauty of the countryside, with emphasis on the retention of open spaces and on outdoor recreational activities, including recreational tracks in the countryside.
Section 17 of the Act provides for:

  • Freedom of entry and access to the reserves, subject to other provisions of the Act.
  • Management and protection of scenic, historic, archaeological, biological, geological, or other scientific or indigenous flora or fauna or wildlife to the extent compatible with the principal or primary purpose.
  • Conservation of qualities of the reserve which contribute to the pleasantness, harmony and cohesion of the natural environment and to the better use and enjoyment of the reserve.
  • Maintenance of the reserve’s value as a soil, water and forest conservation area to the extent compatible with the principal or primary purpose of the reserve.

Historic Reserves
Section 18(1) of the Act states the purpose of historic reserves is to protect and preserve in perpetuity such places, objects, and natural features, and such things thereon or therein contained as are of historic, archaeological, cultural, educational, and other special interest. Section 18(2) of the Act provides for:

  • Structures, objects and sites illustrate with integrity the history of New Zealand.
  • Freedom of entry and access to the reserves, subject to other provisions of the Act.
  • Where present, scenic, archaeological, geological, biological or other scientific features, or indigenous flora and fauna or wildlife are to be managed and protected compatible with the principal or primary purpose of the reserve.
  • Compatible with its primary purpose, its value as a soil, water and forest conservation area shall be maintained.
  • The indigenous flora and fauna and natural environment shall as far as possible be preserved.

Local Purpose Reserves
Reserves can be classified as local purpose where there is an area of land (or land and water) suitable for a specified local educational or community purpose which does not duplicate any other reserve purpose.  The purpose of local purpose reserves is set out in Section 23 of the Act. It provides for:

  • 23(1) The provision and retention of areas for such local purposes as are specified in the classification.
  • Management and protection of scenic, historic, archaeological, biological, geological, or other scientific or indigenous flora or fauna or wildlife to the extent compatible with the principal or primary purpose of the reserve.
  • Maintenance of the reserve’s value as a soil, water and forest conservation area to the extent compatible with the principal or primary purpose of the reserve.

2.1.1.3 Management Planning for Reserves


Section 41 of the Reserves Act requires an administering body (in this case NPDC) to prepare management plans for all reserves (except local purpose reserves, although they can be included) under its control, management or administration.  The purpose of a management plan is to create policies for the management of reserves so that decisions regarding their use and development do not compromise the long term use of the reserve or conflict unduly with other uses.  Management plans are required to be under constant review.
A management plan must “provide for and ensure”:

  • The use, enjoyment, maintenance, protection, and preservation as the case may require of the reserve for the purpose for which it is classified;
  • The reserve’s development (as appropriate) to the extent that the administering body’s resources permit, for the purpose for which it is classified;
  • That the principles set out in section 17 to 23 of the Act that apply to the reserve, are incorporated in the plan;
  • Compliance with those principles.

Once a management plan has been approved the Council may exercise certain statutory powers that are conditional upon a management plan being in existence (e.g. the granting of leases, licences and easements over reserve land). These are outlined in the Act itself and in the schedule to the Act entitled Instrument of Delegation for Territorial Authorities adopted in March 2004 (see Appendix A).

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2.1.1.4 Powers of Administering Bodies


The powers of administering bodies with regard to reserve management are set out in the Reserves Act. In December 1999 the Minister of Conservation delegated many of the Minister’s powers under the Reserves Act to territorial authorities (i.e. district councils).  This instrument of delegation was updated in March 2004 by a subsequent Minister of Conservation. It covers 21 sections of the Act and is included in Appendix A.

2.1.1.5 Leases, Licences and other Agreements


The Reserves Act gives the Council the power to grant licences, leases and other agreements for recreation reserve land as provided by sections 48, 48A, 53, 54, 71, 72, 73, and 74.

Where leases or licences of recreation reserves vested in the Council are proposed under Section 54 of the Reserves Act, the Council is not required to publicly notify proposals if they conform with and are contemplated by an approved management plan (or it has been publicly notified under a successful resource consent process under the Resource Management Act 1991) (Section 54 (2A)).

Where a particular activity is provided for or contemplated in an approved management plan for the reserve or the activity is an existing use and the effects of the use will be the same or similar in character, intensity and scale, the Council has the delegated authority to consent or refuse to consent to:

  • The granting of rights of way and other easements (Section 48).
  • The granting of a licence for communication stations (Section 48A).
  • The granting of leases and licences for specific purposes (Section 54 – Section 54(1A) provides statutory authority also).
  • Where it is in the public interest, the erection of buildings for public recreation purposes not directly associated with outdoor recreation (Section 54).
  • The granting of a lease where the reserve is not for the time being required or is not likely to be used for the purpose for which it is classified (Section 73).
  • The granting of temporary licences to occupy for the purposes of grazing, gardening or similar purposes (Section 74).

2.1.2 Other Relevant Legislation


Local Government Act 2002
The Local Government Act 2002 provides the general framework and powers under which New Zealand's local authorities operate.  In brief, the legislation sets out:

  • The purpose of local government and the role and powers of local authorities.
  • The structure of local government and the mechanisms for altering the structure.
  • Principles for the governance and management of local authorities and community boards.
  • A governance and accountability framework for local authorities' involvement in arms-length organisations - Council-Controlled Organisations and Council organisations.
  • An enhanced framework for consultation, planning, decision-making, financial management, and reporting.
  • A range of obligations, restrictions and powers, including requiring local authorities to assess their communities' needs for water, and wastewater and sanitary services, and placing an obligation on local authorities to provide water services to ensure continued public ownership of water services.
  • The powers of the Minister of Local Government in relation to local authorities.

Funding levels for new development and maintenance of existing parks and reserves is set through a Local Government Act 2002 document called the Long Term Council Community Plan (LTCCP). 

Resource Management Act 1991
The purpose of the Resource Management Act 1991 (RMA), as set out in Section 5, is “to promote the sustainable management of natural and physical resources”. The RMA provides the statutory basis for the New Plymouth District Plan. It is the Council’s role, through the District Plan, to manage and provide for the many recreational activities that occur within the district in a way which will not result in adverse effects on the environment.

The District Plan identifies heritage sites including waahi tapu such as pa sites, through an inventory which gives protection to items listed, particularly those listed as Category A. Historic reserves may contain heritage items listed in the District Plan.

Conservation Act 1987
The Conservation Act 1987 created the existence of the Department of Conservation (DOC) and promotes the conservation of New Zealand’s natural and historic resources. The Reserves Act is listed in the First Schedule as being one of the acts administered by DOC.

Section 6 of the Conservation Act, provides that DOC’s functions include:

  • Preserving all indigenous freshwater fisheries, and protecting recreational freshwater fisheries and freshwater fish habitats;
  • Advocating for and promoting the benefits of conservation of natural and historic resources generally and the natural and historic resources of New Zealand in particular;
  • Preparing, providing, disseminating, promoting, and publicising educational and promotional material relating to conservation; and
  • To foster the use of natural and historic resources for recreation or tourism where use is not inconsistent with their conservation.

Section 4 of the Conservation Act requires that the Act should be interpreted and administered to give effect to the principles of the Treaty of Waitangi. 

Historic Places Act 1993
The Historic Places Act promotes the identification, protection, preservation and conservation of the historical and cultural heritage of New Zealand. The New Zealand Historic Places Trust (NZHPT) established with the Act, registers historic places and areas, waahi tapu and waahi tapu areas. The register’s purpose is to inform public, notify owners and assist in protection of historic places, historic areas, waahi tapu and waahi tapu areas to be protected under the Resource Management Act 1991. The Vicarage has a Historic Places Trust Category 2 rating and is the only register listing of the 15 locations included in this management plan.

Apart from archaeological sites which are protected under the Act, listing on the register does not impart protection from alteration. The provisions of the Resource Management Act 1991 provides for the protection of historic heritage from inappropriate use and development as a matter of national importance. Nine of the parks/reserves meet the description of an archaeological site, with seven of these including pa sites.

An archaeological site is defined as a place associated with pre-1900 human activity, where there may be evidence relating to the history of New Zealand. If there is a chance that an archaeological site may be damaged, an application to the NZHPT for permission is require. Proposed work that may affect an archaeological site requires an archaeological authority from NZHPT before work commences. If a previously unknown archaeological site is uncovered during earthworks, permission to continue work may be needed. Work must cease and the Trust be contacted for advice on how to proceed.

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Table 1: Historic Reserves that containe Archaeological sites

Historic Reserves that contain Archaeological sites
Cody Place Historic Reserve
Fort Niger
Marsland Hill Historic Reserve
Mount Moturoa
Pukewharangi Reserve
Te Ngaere Historic Reserve
The Vicarage
Whakawhitiwhiti Pa Historic Reserve


Burials and Cremations Act 1964
Applies to the closed cemetery which is part of Marsland Hill Historic Reserve. The Act covers the existence of cemeteries and how they are to be managed.

2.2 Role of other Councils/Organisations


Taranaki Regional Council
The Taranaki Regional Council (TRC) also has responsibilities that may affect the management of reserves. Regional Councils’ responsibilities include:

Developing regional policies on managing natural and physical resources

  • Promoting sustainable land management and soil conservation
  • Managing freshwater, land, air and coastal resources by developing regional policy statements, regional plans and issuing of consents
  • Managing rivers and undertaking river control and flood protection
  • Contributing to regional emergency management and civil defence preparedness
  • Undertaking regional land transport planning, providing passenger transport services and undertaking harbour management
  • Undertaking pest management, and
  • Carrying out resource investigation, monitoring and environmental enhancement

New Zealand Historic Places Trust
The Trust’s mission is to promote the identification, protection, preservation and conservation of the historical and cultural heritage of New Zealand. The Trust maintains the register of historic places, historic areas, waahi tapu and waahi tapu areas. The Trust also has the responsibility of processing applications to destroy, damage or modify historic the whole or part of an archaeological site.

2.3 New Plymouth District Council Plans and Policies

 

2.3.1 Long Term Council Community Plan


The Long Term Council Community Plan (LTCCP) is the overarching planning and policy document for New Plymouth District. It is updated tri-annually and sets out the Council’s priorities over the medium to long term to provide for the wellbeing of the district. This wellbeing is measured against seven community outcomes developed through public consultation:

  • Vibrant,
  • Prosperous,
  • Sustainable,
  • Secure and healthy,
  • Skilled,
  • Together, and connected. 

The LTCCP provides a framework for funding and implementation of Council projects and programmes, including policy and planning. Funding for the implementation of this reserves management plan will be decided through the LTCCP process, which will next occur in 2012.

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2.3.2 District Plan


The District Plan is a statutory document, carrying legal weight under the Resource Management Act 1991. The plan recognises that open spaces, such as reserves, are valued by the community and require recognition and protection. Open space is defined in the plan as “an area of open land, with or without associated buildings, which fulfils a community desire for aesthetic and/or recreational pursuits”.  The District Plan zones such areas, which may occur on public or private land, as Open Space Environment Areas (OSEAs).  Within OSEAs, rules and standards are in place to control activities that have the potential to adversely affect the character of the areas. These rules primarily relate to buildings, advertising signs and other structures erected within OSEAs.

The District Plan also has provisions to protect specific features that occur within reserves, such as historic sites, waahi tapu and notable trees.

Activities within Council administered reserves have to comply with rules set out in the District Plan, primarily with regard to buildings and structures and other developments on reserve land. However, the plan also recognises that reserve management plans are the most appropriate tool for the management of reserves and the effects arising from multiple uses of reserve land.

The District Plan not only considers activities within areas zoned as OSEAs, but also the potential impacts of activities in proximity to OSEAs.  Objectives and policies are in place to ensure that “activities within an area should not have adverse effects that diminish the amenity of neighbouring areas, having regard to the character of the receiving environment and cumulative effects”  and that new activities are “sensitive to the elements that define the character of the area in which they intend to locate” .  Rules within the District Plan specify standards to achieve these policies and provide for the application of conditions on resource consents to mitigate adverse effects.
 
Other aspects of the District Plan that affect management of reserves include policies related to the maintenance of natural values.  These include the following:

  • Assessment criteria associated with plan rules include consideration of the impact of development on the natural character of the coastal environment, wetlands, lakes, rivers and their margins . Conditions may be placed on resource consents, where appropriate, to avoid, minimise or mitigate impacts.
  • Activities on and in proximity to indigenous vegetation or habitats may be controlled through conditions on resource consents in order to ensure that subdivision, use or development does not adversely affect the quality and intrinsic values of these areas.

2.3.3 General Policies for Council Administered Reserves 2006 (P06-003)


The General Polices for Council Administered Reserves includes policies on the Conservation of Cultural Heritage Values and the Conservation of Natural Values. For areas of cultural heritage value, policies exist to protect areas of identified cultural heritage, including consultation with mana whenua and the attainment of a archaeological assessment of a site prior to approving any proposed works. There are also processes outlined if a artefact is revealed during the event of development work.

Policies for the Conservation of Natural Values includes that reserves are planned and managed to avoid, minimise or mitigate damage to ecological values as a result of public access and use. Areas of significant conservation value are to be mapped in management plans.

2.3.4 Open Space Strategy (currently under development)


The Open Space Strategy will devise a picture of what the district’s open space network will look like in the next twenty years. Stage One will determine the criteria for retention, acquisition and disposal of open space, a hierarchy of open space and the levels of service that open space requires. It will also determine the views of the community via community, sports clubs and stakeholder surveys and a mana whenua workshop. These views will be considered alongside the criteria, hierarchy and levels of service outlined above. It is envisaged that this will be released for discussion in early 2011.

Stage Two - will be a review of the open space needs of all towns in the district and open space linkages and costal access in the rural areas. The district plan, Oakura and Urenui Structure plans identify future open space opportunities and these will be considered alongside the existing open space network. The criteria, an open space hierarchy, levels of service and community views will be used to review the open space needs for the district’s communities. Plus we will be seeking the views of stakeholders, mana whenua and the community to see if this fits with their ideas. It is envisaged that stage 2 will be completed by mid 2010.

2.3.5 Heritage Strategy


The Council is preparing a heritage strategy for the district, to ensure there is strategic direction, planning and integration of Council’s involvement in heritage. Other aims of the strategy are to inform, engage and involve the community and other stakeholders in Council heritage, to identify and define new and existing heritage, to protect and preserve heritage. Further aims are to record, collect, share and make heritage accessible and to fund and assist heritage.

2.3.6 Council Bylaws and other Policies


Bylaws relevant to the Historic Reserve Management Plan
Day to day operations in parks and reserves are also controlled by the district’s bylaws.  Reserve policies should be read in conjunction with the New Plymouth District Council Bylaws 2008, which include the following that specifically relate to reserves: 

  • Part 2 - Animals  
  • Part 3 - Cemeteries and Crematorium
  • Part 5 - Public Places
  • Part 6 - Recreational and Cultural Facilities
  • Part 7 - Signs
  • Part 8 - Skateboarding
  • Part 10 - Stock Control
  • Part 12 - Trading in Public Places and Itinerant Traders
  • Part 13 - Traffic

As well as the following New Plymouth District Council Consolidated Bylaws 2000:

  • Part 5 - Dog Control

Other policies relevant to the Historic Reserve Management Plan
Over time the Council has adopted a number of policies that are relevant to the management of historic reserves. There are a number of individual policies that provide direction to reserves management (listed below). 

Unless this management plan specifies an alternative approach to management generally or for specific reserves these policies should be considered where relevant as part of any decision made about a historic reserve.

  • Boundary Fencing (P00-022)
  • Advertising Signs on Reserves (P00-023)
  • Barrier Free District Policy (P01-015)
  • Reduction to UV Exposure (P04-003)
  • Memorials in Public Open Spaces (P04-009)
  • Heritage Trails (P05-017)
  • District Tree Policy (P06-002)

Note that policies may be reviewed, replaced or amended over time.

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3. Tangata Whenua and Historic Reserves Management


 


Background
Taranaki has been settled by humans for approximately 800 years, with the arrival of many waka over the centuries.  There are six intertwined iwi groups having rohe in New Plymouth District: Ngati Tama, Ngati Mutunga, Te Atiawa, Ngati Maru, Taranaki, and Ngati Maniapoto. Most iwi trace their ancestry back to the last wave of waka migration, namely Mataatua, Tainui, Tokomaru and Kuahaupo waka.

Some of the hapu groups within the district are Hapu o Poutama, Manukorihi, Ngati Rahiri, Pukerangiora, Otaraua, Puketapu, Ngati Tawhirikura, Ngati Te Whiti, Ngati Tuparikino, Hamua Te Matehou, Ngati Tairi and Nga Mahanga.

Much of the coastal land in New Plymouth District was settled by Maori prior to the arrival of European settlers, from the Hangatahua (Stony) River in the south to the northern boundary of the district near Mokau. 

The Crown assumed ownership of a large amount of land at the time of European settlement and in later years as the district developed. Over a million hectares of land was confiscated during the 1860 land wars. Subsequently, lands were taken for public works such as the railway and schools. These events disrupted the relationship between tangata whenua and their rohe and the kaitiakitanga, or stewardship, role that they traditionally held with regard to those lands and resources. 

Issues related to land ownership are still in the process of being resolved.  The Treaty of Waitangi settlement process has given statutory acknowledgement to Ngati Tama and Ngati Mutunga of their relationship to lands and resources with their rohe. Te Atiawa Iwi Authority entered into a Heads of Agreement with the Crown in 1999 and is working towards a Deed of Settlement. Additional settlements may occur in the future as iwi bring forward claims to the Waitangi Tribunal.

Kaitiakitanga
The Mana Whenua Mana Moana document prepared by the Mana Whenua Reference Group in 2005 describes the history and connection of each iwi and hapu group with their rohe. The document notes that “One of the most important issues for tangata whenua is land and land use, whether it is in their ownership, private ownership or local authority ownership. Their responsibilities of kaitiakitanga do not alter”.
The Mana Whenua Mana Moana document describes kaitiakitanga as follows:

“KAITIAKITANGA in the traditional concept was an obligation and responsibility of tangata whenua to be protectors and caretakers of the tribal estates, interests and resources. This included the ability to put in practice particular protection methods such as rahui. The modern concept of kaitiakitanga is the responsibility on tangata whenua to advocate and practice sustainable development.”
One of the most immediate ways for the Council to acknowledge the kaitiaki role of tangata whenua within their rohe is to provide opportunities for participation in decision-making processes on issues related to the management of land and resources, including reserves owned and/or administered by the Council. Mana Whenua Mana Moana notes that “It is of utmost importance that any decision regarding land and resources will be of significance to tangata whenua.”

Legislative context
As a partner to the Treaty of Waitangi / Te Tiriti O Waitangi, Maori are given special recognition under the Conservation Act 1987, Resource Management Act 1991 and Local Government Act 2002. All persons exercising powers and functions under these Acts are required to have regard to these matters.

Section 4 of the Conservation Act 1987 requires that the Reserves Act 1977 be interpreted and administered to give effect to the principles of the Treaty of Waitangi .  This management plan must therefore take into account the principles of the Treaty. The Council must consult with and have regard to the views of tangata whenua before undertaking action and making decisions about reserves for which the Council is the administering body.  At the same time, any actions and decisions made by the Council for the purposes of managing a reserve must comply with the Reserves Act and be in accordance with the primary and secondary purposes for which the reserve is classified.

The Resource Management Act 1991 and the Local Government Act (LGA) 2002 contain requirements to involve tangata whenua in decision-making regarding lands and resources that are within their traditional rohe but outside of their ownership.  Parts 2 and 6 of the Local Government Act 2002 outline principles and requirements for local authorities to facilitate participation by Maori in local authority decision-making processes.

Section 77(1)(c) of the LGA 2002 requires that any significant decision made by a local authority in relation to land or a body of water, “take into account the relationship of Maori and their culture and traditions with their ancestral land, water, sites, waahi tapu, valued flora and fauna, and other taonga”.
Section 81(1) of the LGA 2002 requires a local authority to:

  • A - Establish and maintain processes to provide opportunities for Maori to contribute to the decision-making processes of the local authority, and
  • B - Consider ways in which it may foster the development of Maori capacity to contribute to the decision-making processes of the local authority, and
  • C - Provide relevant information to Maori for the purposes of paragraphs
  • (A) and (B).

Tangata whenua considerations in the Historic Reserves Management Plan
Iwi and hapu were consulted regarding their interests and concerns related to historic reserves management during the initial information gathering period and will have the opportunity to make a formal submission on the draft plan during the second round of consultation early in 2010. As an outcome of the consultation to date and gathering of information, the following was incorporated into the Plan.

  • For each reserve in the Historic Reserves Management Plan, the interests of tangata whenua are noted.
  • The plan contains a general policy that the Council will consult with the relevant tangata whenua group(s) regarding proposals for any significant developments or activities on historic reserve lands within their area of interest. 
  • Tangata whenua will have the opportunity to provide input into reserve names as part of an ongoing process, with the goal of identifying Maori names to be included in signage and Council documents pertaining to Council administered reserves. This is consistent with council policies on reserve naming and concurrent with the Council signage strategy.

Additional information with regard to tangata whenua interests may be added to this plan as new information becomes available.

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4. General objectives and policies for management of historic parks and reserves


The General Policies for Council Administered Reserves (2006), and other Council policies referenced therein, apply to all of the reserves in this management plan. These policies should be considered, where relevant, as part of any decision made about an historic reserve. 

The following goals, objectives and policies apply to all historic parks and reserves.

Table 2: Summary of Goals an objectives for all historic parks and reserves.

Goals Objectives
Compliance with the Reserves Act 1977 To manage all historic reserves in accordance with the classification assigned to them under the  Reserves Act 1977.
Protection of cultural heritage features at historic parks and reserves, in a quality amenity area To protect cultural heritage values contained within historic parks or reserves, where known.

To manage, maintain and enhance flora and fauna in historic parks and reserves to add to the amenity value of, and to protect areas of natural significance within historic parks and reserves.

To provide facilities and amenities that enhance and encourage a range of recreation and leisure opportunities appropriate to the individual historic parks and reserves.
Accessible historic parks and reserves Interpretative signage to be installed where appropriate to facilitate appreciation of the sites cultural history.

To ensure historic parks and reserves are identifiable and accessible to local residents and visitors.
Safe historic parks and reserves To manage historic parks and reserves so that  they are safe for use during daylight hours.
Historic parks and reserves managed through partnerships To ensure the community has a sense of ownership over, and is actively involved in the management and development of historic parks and reserves through community consultation and partnerships.

 

Goal One - Compliance with the Reserves Act 1977


Objectives
Objective 1: All parks/reserves are to be managed in accordance with their Reserves Act 1977 classification.
Councils as administering bodies, are required to classify reserves they administer and manage. Classified reserves are then managed in accordance with the classification given.


Policies
Reserve classification – each reserve will be utilised and managed in accordance with the Reserves Act provisions pertaining to its classification.

Goal Two - Protection of cultural heritage features in historic parks and  reserves, in a quality amenity area


Objectives
Objective 1: Cultural heritage values contained at historic parks or reserves, where known, will be protected and managed.

Of the 15 parks and reserves in this management plan, nine are archaeological sites and  seven of these include pa sites. Heritage and/or waahi tapu located at these parks and reserves are listed in the District Plan. It is noted that there may be waahi tapu which are not known to the Council located on the sites or that full assessment of heritage values for particular sites has not been undertaken.

With any artefacts found after 1 April 1975, these are protected under the Antiquities Act 1975.
Site works such as excavation, removal of mature trees, fencing, laying pathways or any activity that would destroy, damage or modify the whole or part of an archaeological site will  require a consent from the Historic Places Trust.

Policies
Cultural heritage values – identified areas of cultural heritage value on historic parks and reserves will be protected, preserved and maintained including the installation of barriers as appropriate.

Archaeological site management – archaeological sites are to be managed in accordance with the Department of Conservation’s guideline for managing archaeological sites  and in compliance with the Historic Places Act 1993. The Council will work with individual iwi/hapu and interest groups to develop a protocol regarding the management of vegetation on waahi tapu sites.

Development work on archaeological sites – where development work is proposed on reserves that are archaeological sites, involving any excavation such as  fencing, laying pathways, along with the removal of mature trees, or any activity that would destroy, damage or modify the whole or part of an archaeological site, a consent from the Historic Places Trust will be attained prior to work commencement. Garden maintenance activities that include digging to replace existing plants do not require a consent.

Built Heritage - built heritage exists at some historic reserves and where considered appropriate, Conservation Plans will be prepared in line with the International Charter for Conservation and Restoration of Monuments and Sites (ICOMOS) New Zealand Charter, to protect their integrity.

Objective 2: To manage, maintain and enhance flora and fauna in historic parks and reserves to add to the amenity value of, and to protect areas of natural significance within historic parks and reserves.

All landscapes within historic parks and reserves hold cultural and heritage values, some also contain significant ecological areas including native bush remnants. Together with other vegetated open space, historic reserves act as ecological corridors for wildlife as well as adding natural character and amenity value to urban areas.

The Council acknowledges the importance of both natural and planted areas and aims to protect and enhance the vegetation and landscape values of historic parks and reserves consistent with the classification of the reserve.

The removal of mature trees from any of reserve that constitutes an archaeological site, will require a consent from the Historic Places Trust. Excavation work associated with regular garden maintenance, such as replacing herbaceous plants and shrubs does not require an consent from the Trust. Planting of semi mature specimen trees however should be consulted on.

Sites are managed from a range of mature bush, to grazed or mown grass, to planted areas. Grazing is used as a management tool for undeveloped sites, and only calves will be used. As a condition of any grazing lease the public maintain the right to access and pass through a grazing area. Techniques of occasional grazing may be used, if the site is not to be grazed by stock all year. Areas are to be light grazed, with special care taken during winter grazing to not alter the landscape. Vegetation suitable for archaeological sites includes mown or grazed grasses, plantings of native grass species, low growing or ground covering shrubs and ferns, otherwise management of mature native forest.

Policies
Landscape development – subject to the preservation and management of the heritage features of the site, natural areas, amenity planting and open space turfed areas may be developed on historic parks and reserves. Where excavation work is required to achieve development objectives, a consent is required from the Historic Places Trust prior to work commencement.

Landscape maintenance – maintenance of the natural areas and/or amenity plantings will be carried out in accordance with industry best practice and the Council policies including the District Tree Policy 2004. Garden maintenance activities that include digging to replace existing plants do not require a consent from the Historic Places Trust.

Ecological environments – subject to the protection and management of cultural heritage values where known, areas within historic parks and reserves which have significant ecological value, such as bush remnants, will be conserved (managed to ensure the area is protected and maintained), including control of pest plants and animals.

Mature tree removal – where mature trees are intended for removal from a reserve that is an archaeological site, a consent will be attained from the Historic Places Trust prior to work commencing.

Objective 3:To provide facilities and amenities that enhance and encourage a range of recreation and leisure opportunities appropriate to the individual historic parks and reserves.

Historic parks and reserves are used for passive recreation and leisure pursuits including kicking a ball, walking, relaxing and family picnics. Facilities and other amenities, which are important to users include park benches and picnic tables.

The decision to place amenities within historic parks and reserves is carried out in accordance with the proposed policies outlined below as well as the levels of service in chapter five.

Policies
Public toilets – the addition or removal of public toilets will be carried out in accordance with the Council’s Toilet Strategy. This strategy does not propose any additional toilets on historic parks or reserves.
Park furniture, hard surfaces and barriers – all park furniture, hard surfaces and barriers shall be designed, constructed and coloured in accordance with the parks hard asset standard manual (Parkscape Standards Manual 2006).

Facilities maintenance - maintenance of facilities within historic parks and reserves will be carried out in accordance with industry best practice.

Boundary fencing – the Council will work with its neighbours to maintain suitable boundary fencing. The contribution made to new boundary fences is set out in the Parks Boundary Fencing Policy.

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Goal Three - Accessible historic parks and reserves


Objectives
Objective 1: Interpretative signage will be used to facilitate the visitors  understanding of a site.

Heritage values present at a site may be tangible or intangible. Interpretation may improve the appreciation of the site by the visitor. Intangible values include where structure and land modifications are no longer identifiable, or where the site is the location of some significant action in the past. For tangible values, the heritage value may be obvious, partially destroyed, or buried in the ground.

Interpretative signage to be considered at historic parks/reserves on a case by case basis and sign descriptions are to involve where applicable, consultation with mana whenua, heritage officers and interest groups. All new signs on historic parks and reserves will be erected in accordance with the New Plymouth District Council Sign Manual.

Policies
Signage – Interpretative signage installed where appropriate to facilitate appreciation and understanding of the sites cultural history. Wording of interpretative signage will be formulated in consultation with mana whenua and other stakeholders.

Objective 2: To ensure historic parks and reserves are identifiable and accessible to local residents and visitors

It is recognised that historic parks and reserves need to be identifiable and accessible to users. A number of aspects can affect accessibly of a reserve including design, permanent or exclusive use, authorised commercial activities, encroachments, grazing and temporary access by construction vehicles. Community feedback has told the Council that no permanent commercial activities should be allowed on historic parks and reserves.

The policies below outline how the Council will aim to ensure historic parks and reserves are identifiable and accessible through appropriate signage and good design, and how issues that can affect accessibility will be addressed.

Policies
General access – access to historic parks and reserves will be free of charge.

Access points – where feasible access points to historic parks and reserves and associated facilities will be designed to meet national standards and design criteria for people with disabilities.

Events– anyone wishing to use a historic park or reserve for an event must apply to the Council. All applications will be assessed and managed in accordance with policies set out in the Council’s General Policies for Council Administered Reserves, the provisions of the Reserves Act 1977 and the parks bookings system.

Commercial activities – commercial activities will be assessed on a case by case basis in accordance with the Council’s General Policies for Council Administered Reserves and will generally only be approved when associated with a community event.

Network and utility infrastructure – in accordance with the Reserves Act 1977 the provision of existing, additional and new network and utility infrastructure will be allowed to be installed and maintained at historic parks and reserves where it does not impact the use of the reserve in the long term and the archaeological or heritage aspects of the site are not be compromised. The new network and utility infrastructure will be considered after other options have been first considered and discounted.

Temporary access – access will be granted on a temporary basis to allow the installation of network infrastructure or access a part of a property which is otherwise inaccessible. Applications must be made to the Council in writing and give particular consideration to the timing of the access and actions to mitigate the impact on users as well as to avoid or mitigate damage to the values of the reserve.

Encroachments – encroachments by adjacent landowners can restrict the public use and access to part or all of a reserve and in most cases is an unlawful use of reserve land. Encroachments will be addressed in accordance with the Council’s encroachment policy (currently under development) and relevant legislation.


Goal Four - Safe historic parks and reserves


Objectives
Objective 1: To manage historic parks and reserves so as they are safe for use during daylight hours.

Managing historic parks and reserves so they are safe means taking reasonable and practical steps to prevent, reduce or contain the environmental factors which affects people’s use of historic parks and reserves. It includes preventive measures to reduce accidents. Safe has different meaning to different people and it is acknowledged that at any one time there may be factors out of the Council’s control which may contribute to the level of safety within a reserve e.g. unsupervised.

A number of aspects relating to safety on reserves are covered in the Council’s bylaws including the lighting of fires in a public place, use of firearms, animals and disposal of household refuse.

Policies
Historic parks and reserves will be managed for day use only.

Safe design – where feasible the development of historic parks and reserves will incorporate safe urban design principles including those outlined in the Crime Prevention through Environmental Design Guidelines (CPTED).

Standard of facilities – a regular inspection programme will be performed so that facilities on parks and reserves meet standards of safety, health and condition in accordance with levels of service in the Parks Assets Management Plan.

Animals – the control of animals on historic parks and reserves will be managed in accordance with the Council bylaws. The dog control part of these bylaws generally permit dogs on parks and reserves with the exception of areas set aside by the New Plymouth District Council as  children’s play areas. These areas are  set aside for the recreation of children, which includes play equipment for this purpose, where dogs are prohibited. This control however does not apply to any dog on a leash being led directly through a playground.
Anti social behaviour on reserves – where anti social behaviour occurs on reserves, either during the day or night, the Police will be informed.

Goal Five - Historic parks and reserves managed through partnerships


Objectives
Objective 1: To ensure the community has a sense of ownership over, and is actively involved in the management and development of historic parks and reserves through community consultation and partnerships.

It is important that the New Plymouth District’s network of historic parks and reserves is one that the community have sense of ownership over.  Local communities are recognised as users and in many cases also neighbours to the parks and reserves in their area and have valuable local knowledge.

Often the local community is very willing to be involved in the management of historic reserves including decision-making, vandalism reporting and partnership developments.

There are a number of community groups that have played a part in shaping historic parks and reserves.

The Council aims to facilitate and encourage community partnership and ensure stakeholders including users, neighbours and tangata whenua continue to be informed.

Policies
Community Consultation – any development or proposed change in management of a park or reserve will involve consultation with the affected community as appropriate or as required by legislation.
Consultation with mana whenua – consultation will be undertaken with the mana whenua of a park or reserve when any change in management or development is proposed.

Reserve neighbours – all development on historic parks and reserves will be done in consultation with the immediate neighbours in order to mitigate any adverse effects.

Community Partnerships – the Council supports and promotes community initiatives with residents, community service groups, stakeholders and tangata whenua to be involved in the management and development of historic parks and reserves. The roles and responsibilities of these groups (in relation to the historic reserves) will be defined on a case by case basis with Council officers.

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5. Levels of Service


 


Service levels are essentially the performance goals of the Council for a particular activity. They provide a common ground upon which the Council can use to guide and drive its efforts.

Three factors contribute to the development of levels of service from a customer perspective, these are - customer expectations, community outcomes and compliance requirements. The relationship between these three factors and levels of service are illustrated in figure 2 below. The customer expectations and the compliance requirements also contribute to the achievement of the community outcomes and corporate goals.

There are costs associated with providing all levels of service. During the development of levels of service costs are also considered and the aspirations of the customers are balanced against the cost of providing the service.

Levels of service outlined in this plan relate to the development of historic reserves, i.e. the provision of amenities such as seating, pathways, entrance signs as well as vegetation; and the purpose for which the Council provides these amenities.

The provision of historic parks and reserves in terms of the land asset, its location and distribution is determined through the Council’s Open Space Strategy (currently under development). This strategy will determine service levels for the provision of all categories of parks and reserves.

The maintenance of historic reserves is also determined by levels of service. These are set out in the Parks Asset Management Plan as well as Parks operations plans.

Flowchart showing relationship between key factors for developing levels of service.
Figure 2 - Relationship between key factors for developing levels of service.


Table 3: Levels of Service -  Historic Parks and Reserves

Compliance with the Reserves Act 1977
Level of Service How the Council will deliver the Service
Parks and reserves are managed in compliance with the Reserves Act 1977. The classification of reserves and production of management plans for these reserves will be undertaken as resources permit.


 

Protection of cultural heritage features in historic parks and  reserves, that provide a quality amenity area
Level of Service How the Council will deliver the Service
Cultural heritage is protected. Barriers will be installed where appropriate to prevent damage to historic features.
Vegetation will be planted in historic parks and reserves appropriate to location and in consideration of the heritage values of the site.
Natural heritage is protected. Areas of bush remnants are sustained through the control of pest animals and plants that threaten the viability of the bush remnant.
Provision of facilities to enhance and encourage a range of recreation activities, where appropriate. Open space areas within historic parks and reserves will be planted and maintained in turf where appropriate.
Appropriate pathway surfaces will be installed and maintained, depending on location and ground conditions.

Accessible historic parks and reserves
Level of Service How the Council will deliver the Service
Interpretative signage installed where appropriate to facilitate appreciation of the sites cultural history. Signage installed when appropriate, to illuminate the significance of the sites cultural history, in collaboration with mana whenua, heritage officers and interest groups.
To ensure historic parks and reserves are identifiable and accessible to local residents and visitor. Signage provided where appropriate.

Safe Historic Parks and Reserves
Level of Service How the Council will deliver the Service
To manage historic parks and reserves so as they are safe for use during daylight hours. Design, planning and management processes to include Ministry of Justice crime prevention through environmental design (CPTED) principles.

Historic parks and reserves managed through partnerships
Level of Service How the Council will deliver the Service
To ensure the community has a sense of ownership over, and is actively involved in the management and development of historic parks and reserves through community consultation and partnerships. Appropriate community consultation undertaken with partnership opportunities encouraged and facilitated


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6. Individual Historic Reserves – Management Objectives and Development concepts


 


This omnibus plan provides direction for the management of 15 historic reserves administered by New Plymouth District Council (NPDC).  The general policies in Section 4 and 5 apply to all of these reserves.  In addition, the following section outlines specific management objective and development concepts for each reserve.  If there is inconsistency between the general policy and the reserve-specific policy, the reserve-specific policy will take precedence.

The development concept plans have been prepared for each reserve (excluding those reserves that are small or have limited development potential). Funding for the various aspects of development concepts is conditional on decisions made as part of the Long Term Council Community Plan process. An implementation plan has also been prepared as part of this reserve management process. This plan outlines the priority order in which reserve development will be implemented once the funding is made available.

The mana whenua associated with each reserve are noted. For some reserves there is more than one group with historic and cultural connection to the area.


Clifton Area

 

  • Tom Watson Memorial Reserve Information Sheet
  • Tom Watson Memorial Reserve Development Plan

 

Inglewood Area

  • Fritz Reuter Place Information Sheet

 

New Plymouth Area

 

  • Burgess Park Information Sheet
  • Burgess Park Development Plan
  • Cody Place Historic Reserve Information Sheet
  • Cody Place Historic Reserve Development Plan
  • Fort Niger/Wharepapa Reserve Information Sheet
  • Fort Niger/Wharepapa Reserve Development Plan
  • Govett Avenue Historic Reserve Information Sheet
  • Hempton Street Rose Garden Information Sheet
  • Hempton Street Rose Garden Development Plan
  • Marsland Hill Historic Reserve Information Sheet
  • Marsland Hill Historic Reserve Development Plan
  • Mount Moturoa (Papawhero) Domain Information Sheet
  • Mount Moturoa (Papawhero) Domain Development Plan
  • Pou Tutaki/Fitzroy Pole Historic Reserve Information Sheet
  • Pukewharangi Historic Reserve Information Sheet
  • Pukewharangi Historic Reserve Development Plan
  • Te Ngaere Historic Park Information Sheet
  • Te Ngaere Historic Park Development Plan
  • The Vicarage Information Sheet
  • Whakawhitiwhiti Pa Historic Reserve Information Sheet
  • Whakawhitiwhiti Pa Historic Reserve Development Plan

  

Waitara Area

  • Lepperton War Memorial Historic Reserve Information Sheet

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7. Plan, Implementation, Review and Amendment

 

7.1 Plan Implementation Process


Plan implementation including a schedule of priorities for parks and reserve development will be set out in a “Historic parks and reserves implementation plan”. This is a separate living document which will outline the priority order in which park and reserve development will be implemented once the funding is made available. The priority order will be determined by a criteria weighing methodology (currently under development).

As with all the Council programmes, funding for the various aspects of plan implementation is conditional on decisions made as part of the Long Term Council Community Plan (LTCCP) process.

Historic parks and reserves implementation plan will be developed following the 20012- 2022 LTCCP adoption in late June 2012.

7.2 Plan, Review and Amendment



Section 41(4) of the Reserves Act requires the Council to keep the management plans for the reserves that it administers under continuous review.  This is so that the plans can be adapted to changing circumstances or increased knowledge.  As such, a reserve management plan is a “living document” that may need to be updated from time to time in response to issues or to ensure that objectives are being adequately met. Generally, however, plans should be reviewed at a minimum of 10 year intervals and need not involve a complete rewriting.

7.2.1 Scheduled Review


This management plan will undergo a scheduled review every ten years.  This review will consider:

  • the success of the plan in meeting its stated objectives,
  • the effectiveness and efficiency of plan implementation, and
  • the currency of the plan content.

7.2.2 Unscheduled Amendments



Minor amendments
Minor edits to the plan that do not change the meaning or intent of the document may be undertaken using a version control system that tracks all amendments and ensures that the most current version is made available for use by the Council and the public. All minor amendments to the document must be approved by the Parks Manager and the amendment noted in an Amendments Record table on the first pages of the document.

Major amendments
Major amendments are any substantive changes to the document that change its meaning or intent.  The change may not be large, the addition or change of a single word can significantly change the intent of an objective or policy.  All major amendments must be first approved by the Parks Manager and then a report put to the Council to adopt the amendment by Council resolution.  Consultation with the public and tangata whenua may be required.

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7.3 Reserve Declarations



New Plymouth District Council passed by resolution of the full Council on 2 March 2010 to declare the land parcels in the Table 4 as reserves under the Reserves Act 1977. This resolution was passed following a one month public consultation period, as described under Section of the Act.

Table 4. Land vested in the Council with underlying Crown title, to be declared as reserve land under the Reserves Act 1977.

Reserve Name Location Legal Description Ownership Purpose when Acquired Current Purpose Resolution
Part of Marsland Hill Robe Street Section 2342 Town of New Plymouth NPDC Closed Cemetery Closed Cemetery and Recreation Area Local Purpose (cemetery) Reserve


 

7.4 Reserve Classification



The decision to classify the reserves listed in Table 5 for their stated purpose was passed by full Council resolution on 2 March 2010, with the exception of Hempton Rose Garden, which was classified by full Council resolution on 31 August 2010.

Table 5. Classification of Council administered historic reserves under the Reserves Act 1977

1. Reserve land owned and administered by NPDC
Classified in accordance with Section 16 (2) (a) Reserves Act 1977

Reserve Name Location Legal Description Ownership Purpose when Acquired Current Purpose Resolution
Burgess Park SH3, Junction Road,  New Plymouth Part Section 771 and 772 Grey District Defined on DP 514, Section 3 Block IX Paritutu Survey District, Section 1 SO Plan 9328. NPDC Recreation reserve Recreation reserve Classified as Recreation reserve
Cody Place Reserve Cody Place,New Plymouth Lot 15 Deposit Plan 360382 and Lot 27 Deposited Plan 360382 NPDC Lot 15 Historic Reserve & Lot 27 Local purpose (screening & beautification) reserve Lot 15 Historic Reserve & Lot 27 Local purpose (screening & beautification) reserve Lot 15 Historic Reserve & Lot 27 Local purpose (screening & beautification) reserve
Fitzroy Pole Reserve Smart Road & Devon Road, New Plymouth Section 1 SO 14853 NPDC Local purpose (Historic) Reserve Local purpose (Historic) Reserve Classified as Local purpose (Historic) Reserve
Fort Niger Reserve Pendarves Street, New Plymouth Part Military Reserve Town of New Plymouth NPDC Purpose of public utility  Historic and recreation Classified as Local purpose (historic site and recreation) reserve
Fritz Reuter Place Rata Street, Inglewood Lot 1 DP 17432 NPDC Local purpose reserve (Open Space) Historic and recreation Classified as Local purpose (historic site and recreation) reserve
Govett Avenue Reserve Govett Avenue & Beaumont Crescent, New Plymouth Lot 4 DP  15040 NPDC Purpose of Historic Reserve Historic Reserve Classified as Local purpose (historic site) reserve
Hempton Rose Garden Hempton Street,
New Plymouth
Section 765 Town of New Plymouth NPDC “upon trust for the purposes of a reserve or restful place open to the public for all time …”. Public garden Classified as Recreation reserve
Part of Mount Moturoa Reserve Scott Street, New Plymouth Lot 29 owned by NPDC NPDC Public Domain Recreation Reserve Classified as Recreation reserve
Pukewharangi Reserve Warangi Street, New Plymouth Part Lot 1 DP 6431 NPDC Purpose of a public plantation and recreation ground Historic and recreation Classified as Local purpose (historic site & recreation) reserve
Te Ngaere Park Riversdale Drive, New Plymouth Lot 30 DP 13708, Lot 31 DP 12568  and
Lot 30 DP 13753
NPDC All as Esplanade Reserve Esplanade reserve Classified as Local purpose (esplanade) reserve
Tom Watson Memorial Reserve Otaraoa Road, Tikorangi Part Section 88 Tikorangi District and                       Section 1 Survey Office Plan 13405 NPDC Reserve for a public pound (1898) Local purpose (site for scenic and memorial purposes) reserve Classified as Local purpose (site for scenic and memorial purposes) reserve
Vicarage Courtenay Street, New Plymouth Lot 3 DP 5921 NPDC Not stated Preservation of a historic building Keep as freehold. Building protected under District Plan and Historic Places
Whakawhitiwhiti Reserve Wallath Road, New Plymouth Lot 113 DP 12240, Lot 19 DP 15684 NPDC Lot 113 - Historic reserve; Lot 19 - for the purpose of recreation reserve Lot 113 - Historic reserve; Lot 19 - for the purpose of recreation reserve Lot 113 classified as Historic reserve.
Lot 19 classified as Local purpose (historic and recreation) reserve.


2. Reserve land owned or underlying title with the Crown and administered by NPDC.
Classified under delegation in accordance with Section 16 (1)

Reserve Name Location Legal Description Ownership Original purpose when Declared Current Purpose Resolution
Lepperton War Memorial Reserve Manutahi Road, Lepperton Section 262 Huirangi District Crown, vested in the Council War Memorial Reserve War Memorial Reserve Classified as Local purpose (war memorial) reserve
Part of Marsland Hill Robe Street, New Plymouth Section 2342 Crown, vested in the Council Closed cemetery Closed cemetery & recreation area Section 2342 – classified as Local purpose (cemetery) reserve
Part of Marsland Hill Robe Street, New Plymouth Section 2459 Underlying ownership with Crown, NPDC appointed to control and manage  Military Reserve Historic Reserve Classified as  Historic Reserve
Part of Marsland Hill Robe Street, New Plymouth Section 2460 Underlying ownership with Crown, NPDC appointed to control and manage Military Reserve Community Buildings Reserve Classified as  Local purpose (community building) reserve
Part of Mount Moturoa Reserve Scott Street, New Plymouth Lot 86 and Pt Section 811 Underlying ownership with Crown, NPDC appointed to control and manage Public Domain All lots are classified as Recreation Reserve Recreation reserve


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7.5  Reserve revocations


At this time, the Council does not intend to revoke any reserve lands covered by this management plan.
 

7.6  Reserve naming


Policies on the naming of reserves are outlined in Section 2.2.4 of the General Policies for Council Administered Reserves. A process for identifying bilingual (English-Maori) reserve names has been undertaken during the consultation phase of preparing this management plan. Where a bilingual name was identified or a new name proposed for a historic reserve, this has been presented to the Council as part of the draft plan. The naming of other Historic reserves can be undertaken once this plan is completed and in accordance with the reserve naming policy and procedure.

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8. Glossary

 

Administering Body The Board, Trustees, local authority, society, association, voluntary organisation, or person or body of persons appointed under the Reserves Act 1977 or any corresponding former Act to control and manage that reserve or in which or in whom that reserve is vested under the Act or any corresponding former Act.
Amenity values Those natural and physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence and cultural and recreational attributes.
Archaeological site Any place in New Zealand that either (a) was associated with human activity that occurred before 1900, or (b) is the site of the wreck of any vessel where that wreck occurred before 1900, and is or may be able through investigation by archaeological methods to provide evidence relating to the history of New Zealand (S2 Historic Places Act 1993).
Archaeological site record Site recording was initiated in 1958 by the Archaeological Association. The basic recording units are the ‘features’ and the ‘site’.
Artefact Any chattel, carving, object, or thing which relates to the history, art, culture, traditions, or economy of the Maori or other pre-European inhabitants of New Zealand and which was or appears to have been manufactured or modified in New Zealand by any such inhabitant, or brought to New Zealand by an ancestor of any such inhabitant, or used by any such inhabitant, prior to 1902 (S2 Antiquities Act 1975).
CCandIofCofC Chairman, Councillors and Inhabitants of the County of Clifton.  A local government body that exists prior to the 1989 amalgamation of local councils and the formation of New Plymouth District.
CCandIofCofT Chairman, Councillors and Inhabitants of the County of Taranaki.  Also known locally as the ‘Taranaki County Council’.   A local government body that exists prior to the 1989 amalgamation of local councils and the formation of New Plymouth District.
Classification Classification of a reserve is conducted pursuant to the Reserves Act 1977 where the purpose for which the land is protected under the Act has been declared and then confirmed through classification.
Commercial activity An activity that results in economic gain by the organiser of the activity.
Council New Plymouth District Council or, where delegation has been given, any committee or subcommittee or any officer of New Plymouth District Council duly authorised and any commissioner duly appointed.
Cultural heritage value Encompasses the qualities and attributes of places that have aesthetic, historic, scientific or social value for past, present or future generations. These values may be seen in a place’s physical features, but importantly can also be intangible qualities such as peoples associations with, or feelings for a place.
District Plan The purpose of the preparation, implementation and administration of district plans is to assist territorial authorities to carry out their functions in order to achieve the purpose of the Resource Management Act 1991.
Easement Generally, an interest in land granted under Section 48 of the Reserves Act 1977 over a reserve or acquired under Section 12 of the Act over private land or similar. An easement is a right of one person in respect of another person’s land and include a right of way (the right to pass over another person’s land); a right to lay pipes on another person’s land and, through them, convey water or other specified matter, and a right of access to light and air by means of restricting building on another person’s land.
Encroachment A building or structure, or some portion of it, or other modification of the land, that extends beyond the land of the owner and illegally intrudes on reserve land.
Esplanade reserve A fixed linear area of riverbank, lakeshore or seashore either in a natural or modified state available primarily for conservation and public access.
Facility A building or structure that provides a particular service.
Fire appliance Fire truck or other vehicle to suppress fires.
Gazette The New Zealand Gazette is the official newspaper of the Government of New Zealand, produced every Thursday by the Department of Internal Affairs. Publications in the gazette are useful as acknowledgement of the establishment of reserves, the vesting of land in trust with local authorities and the classification of reserves.
Hapu Sub-tribe, usually a number of whanau with a common ancestor.
Hazardous substances Includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a Hazardous Substance.
Historic place Any land (including an archaeological site), or any building or structure (including part of a building or structure), or any combination of land and a building or structure that forms part of the historical and cultural heritage of New Zealand and lies within the territorial limits of New Zealand, and includes anything that is in or fixed to such land (Section 2 Historic Places Act 1993).
Indigenous vegetation Flora occurring naturally in New Zealand, or belonging naturally to New Zealand. Indigenous vegetation does not include flora established by humans.
Infrastructure Public works and utilities provided by the Council.  In the case of reserves, this includes facilities such as toilets, rubbish bins, lights, vehicle parking spaces and other developments that contribute to the use of the reserve.
Interpretive signage Signage erected to provide information to the public on the environmental, historic, cultural or other values of an area.
Intrinsic values In relation to ecosystems, means those aspects of ecosystems and their constituent parts which have value in their own right, including (a) their biological and genetic diversity, and (b) the essential characteristics that determine and ecosystem’s integrity, form, functioning and resilience.
Iwi Tribe or grouping of people with tribal affiliations.
Kaitiakitanga The exercise of guardianship by the tangata whenua of an area in accordance with tikanga maori in relation to natural and physical resources and includes the ethic of stewardship.
Landscaping To develop and/or enhance the amenity value and natural features of an area by planting vegetation, creating contoured features, etc.
Landscape development plan A plan that describes in detail the future layout of vegetation and facilities in a reserve in order to guide future works.
Lease A lease is an estate in land.  It arises when one party, the lessor, confers on another party, the lessee, the right to the exclusive possession of specified premises or area of land for a specified period of time.
Lessee The holder of a lease.
Licence A licence issued under the relevant sections of the Reserves Act 1977 to occupy reserve land or carry out an activity on reserve land for a specified period of time and in accordance with the conditions in the licence.  A licence is essentially a permission granted by the occupier of land to a person to do something on that land which would otherwise be a trespass.  Licensees do not have possession of the land.
Licensee  The holder of a licence.
Local authority  A regional or territorial authority.
Mana whenua Customary authority and title exercised by an iwi or hapu over land and other taonga within the tribal rohe.
Market rental Rental charges set at a level that would be realised on the open market.
Mitigative measure An action to offset, but not completely restore, an adverse effect.  To cause to become less severe or harsh.
Natural processes A series of actions, changes, or functions occurring in the natural environment without direct human intervention e.g. erosion, successional processes, use and alteration of vegetation by wildlife.
Network utility infrastructure Water reticulation or supply, electricity supply, a telephone service, a sewer system, drainage or another system or service designed to improve the amenity, or enhance the enjoyment, of lots or the common property.
Non-commercial activity An activity that does not result in economic gain by the organiser of the activity.
Pathway Surfaces constructed as a way for pedestrians, cyclists, or other users to get from one place to another.
Policy A specific statement that guides or directs decision making.  A policy indicates a commitment to a general course of action when working towards an objective.
Public liability insurance A class of insurance covering liability exposures of individuals and businesses for damage to property and injury to individuals.
Reserve A reserve or public reserve means any land set apart for any public purpose.
Reserves Act Introduced in 1977, its short title being:
‘An Act to consolidate and amend certain enactments of the General Assembly relating to public reserves, to make further provision for their acquisition, control, management, maintenance, preservation (including the protection of the natural environment), development, and use, and to make provision for public access to the coastline and the countryside’. 
Reserve management plan A plan provided for in Section 41 of the Reserves Act 1977 to enable an administering body to establish the desired mix of uses and value for each reserve or group of reserves and set in place policy to guide day to day management.
Right of way A right to pass over another person’s land; a form of easement.
Risk management plan A plan that imposes management tools to reduce the risks of an event or activity to an acceptable level.
Rohe A territory or boundary that defines the area within which a tangata whenua group claims traditional association and tangata whenua.
Rural domain A domain in a rural area. Domain was a legal status of reservation prescribed in a succession of Reserves and Domain Act legislation dating back to 1860, providing for the setting apart of specific areas of recreation reserve under legislation used actively as sportsground and or for other recreational pleasure activities. The majority of Domains were provided by the Crown particularly in rural areas were up until the 1980’s principally administered by locally elected Domain Boards, but with Local Government reorganisation in 1989 the move was made to pass the administration of all domains held for recreation purposes to territorial local authorities as the administering body through vesting and appointment to control and manage. Consistent with that, the Reserves Act 1977 extinguished the status of “domain” as a specific type and purpose of recreation reserve and deemed all domains to be recreation reserve irrespective of size and utilisation. Notwithstanding that, the word “domain” is still used as part of the name to describe many of those reserves so gazetted and inclusive of the word domain under past legislation and as part of a reserves official name under the NZ Geographic Act 2008.
Rural domain committees Committees formed as trusts or incorporated societies to oversee the upkeep of rural domains.
Service level agreement A contract between a service provider and a client that specifies, usually in measurable terms, what services the service provider will furnish.
Sewerage reticulation A wastewater network.
Statutory requirement Requirements set out in New Zealand legislation.
Tangata whenua In relation to a particular area, means the iwi or hapu that holds tangata whenua over that area.
Taonga Treasure or property that are prized and protected as sacred possessions of tangata whenua as determined by tangata whenua.
Tikanga maori Maori customary values and practices.
Waahi tapu Places or things that are sacred or spiritually endowed, and includes, but is not limited to pa, area (tracks), urupa, battle sites and tauranga waka (canoe landings).


 

9. Appendix A - Instrument of Delegation for Territorial Authorities (March 2004)

 

  • Appendix A - Instrument of Delegation for Territorial Authorities (March 2004)

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