General Policies for Council Administered Reserves 2006

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Section 1 Introduction

General Policies For Council Administered Reserves 2006 | Section 2.1 and 2.2 | Section 2.3 | Section 2.4 | Section 2.5 | Section 3. Glossary | Section 4. Appendices

• 1.1 Purpose of this document
• 1.2 Document structure
• 1.3 Statutory and policy context

1.1 Purpose of this document

This document has been prepared to consolidate policies that apply to all reserves owned and/or administered by New Plymouth District Council. It is intended to provide a common understanding between the council and the community of how the reserves in the district will be managed. It aims to help achieve consistency and accountability in decision making while taking into account the public interest.

The policies outlined here are not absolutes and do not have statutory force. This document is not a reserve management plan under the Reserves Act. Where any matter is addressed by both this document and a management plan specific to a reserve then the provisions in the management plan document must take precedence.

This document fits into the council's overall strategic framework. However, there are some issues that are better dealt with in a bylaw, asset management plan, or reserve management plan rather than a policy. These include:

1. Restrictions or prohibitions on the use of public land e.g., motorised vehicles, bicycles, skateboards and horses.
2. Development of particular landscapes, tracks and footpaths.
3. Management and development of existing buildings and structures.
4. Service levels related to reserve management and maintenance.
5. Direction on appropriate uses and activities in individual reserves.

'Reserve' is given the meaning under the Reserves Act 1977.

This document applies to all land in the New Plymouth District declared and classified as a reserve under the Act and of which the council is an administering body. These policies will also apply to other land that council maintains as a reserve but is not yet declared or classified as such.
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1.2 Document structure

This document has four sections:

Section 2.1 Administration
This section addresses the legal framework for the administration of reserves, including matters that are controlled by law and the council’s approach to these issues.

Section 2.2 Use of reserves
This section outlines the council’s approach to use of the reserves, both by the general public and from applications for more formal use of reserves.

Section 2.3 Maintenance of reserves and reserve assets
This section defines the policies that will be followed in maintaining council reserve land and associated assets.

Section 2.4 Development of new features and facilities
Policies in this section guide decision making related to the provision of new features or facilities within a reserve.

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1.3 Statutory and policy context

1.3.1 Relevant legislation

Reserves Act 1977
New Plymouth District Council (the council) has been delegated powers and responsibilities under the Reserves Act to act as the ‘administering body’ for many of the reserves in the district. The Reserves Act sets out how reserves are to be managed by their administering bodies and is concerned with acting on behalf of the owner and beneficiaries of the reserve (the public).

The council takes its direction on how to manage individual reserves from reserve management plans. Reserve management plans have statutory standing under the Reserves Act and they enable an administering body to establish the desired mix of uses and activities for each reserve or group of reserves and set in place policy to guide day to day management. The policies in this document should be read in conjunction with the Reserves Act and are subject to any management plan specific to a reserve.

The Treaty of Waitangi as it applies to reserves management Section 4 of the Conservation Act 1987 requires that the Act should be interpreted and administered to give effect to the principles of the Treaty of Waitangi.

The council needs to consult with and have regard to the views of tangata whenua before undertaking action and making decisions about reserves for which council is the administering body. Any actions and decisions made by the council for the purposes of managing a reserve under the Reserves Act must, however, comply with the Reserves Act and be in accordance with the primary and secondary purposes for which the reserve is classified.

1.3.2 New Plymouth District Council plans

Long Term Council Community Plan
The Long Term Council Community Plan (LTCCP) is the overarching planning and policy document for the New Plymouth District. It sets out the council’s priorities over the medium to long term to improve the wellbeing of our district and provides a framework and funding for projects, such as those associated with reserves.

District Plan
The District Plan outlines in general terms, how reserves and open spaces within the district should be managed. It recognises that open space is a resource that has value to the community and requires recognition and protection. This is achieved through zoning of open space environment areas and the application of rules for activities that may adversely affect the character of the area.
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1.3.3 Council Bylaws and Policies

1.3.3.1 Bylaws relevant to reserve management
Day to day operations in reserves are also controlled by the district’s bylaws. Reserve policies should be read in conjunction with the New Plymouth Council Consolidated Bylaws 2000, with particular reference to:

• Part 4: Cemeteries and Crematorium
• Part 5: Dog Control
• Part 9: Public Places
• Part 10: Recreational and Cultural Facilities
• Part 12: Stock Control
• Part 14: Trading in Public Places and Itinerant Traders
• Part 18: Traffic

1.3.3.2 Policies relevant to reserves management

Over time elected councillors have adopted a number of policies that are relevant to the management of reserves. These policies should be considered, where relevant, as part of any decision made about a reserve.

As part of the process of developing the General Policies for Council Administered Reserves, council officers reviewed all policies relevant to reserves. Any policies that were out of date have been updated in this document and deleted from the policy register. Obsolete policies have also been removed from the policy register.

The following policies are still considered relevant to reserves management and should be read in conjunction with the General Policies for Council Administered Reserves. These policies are included in appendices.

• Appendices

• Coastal Erosion Strategy (P95-014)
• Boundary Fencing (P00-022) 
• Public Art on the Foreshore Strategy (P01-005) 
• Barrier Free District Policy (P01-015) 
• Weld Road Campsite (P03-004) 
• Cycle Strategy (P03-009) 
• Reduction to UV Exposure (P04-003) 
• Memorials in Public Open Spaces (P04-009) 
• Organised and Commercial Activity on the Coastal Walkway (P05-014) 
• Heritage Trails (P05-017) 
• Advertising Signs on Reserves (P06-001) 
• District Tree Policy 2006

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