General Policies for Council Administered Reserves 2006

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Section 2.1 and 2.2

General Policies For Council Administered Reserves 2006 | Section 1 | Section 2.3 | Section 2.4 | Section 2.5 | Section 3. Glossary | Section 4. Appendices

• 2.1 Principles for reserves management
• 2.2 Administration of reserves
• 2.2.1 Consultation with tangata whenua
• 2.2.2 Community consultation
• 2.2.3 Council as a lessee
• 2.2.4 Council as an affected party to neighbouring activities requiring resource consent
• 2.2.5 Naming of reserves
• 2.2.6 Reserve neighbours
• 2.2.7 Rural domain committees

2.1 Principles for reserves management

Reserves are assets held and managed by the council in trust for the public. Reserves contribute significantly to the quality of life in the district as well as the sense of place for local residents.

The following general principles that will guide the provision and management of reserves in New Plymouth District. These principles are reflected in the objectives and policies that make up this document:

1. Parks and reserves will be managed to provide a diverse range of leisure opportunities that meet the formal and informal recreational needs of the community at large.
2. Suitable infrastructure and ancillary services will be provided to enhance the experience of using reserves.
3. Each reserve in the district will be managed to maintain or enhance its distinct set of amenity, recreational and/or natural values, as reflected in reserve management plans.
4. Public health and safety is a paramount consideration in the planning and management of parks and reserves.
5. Provision of access for all sectors of the community is a key consideration in the planning and management of council parks and reserves.
6. Since reserves are a public resource, it is important to consult the public and consider their views when making decisions on matters that significantly effect reserves and their use.
7. Tangata whenua have a distinct physical, historical and cultural relationship with reserve lands within their rohe which must be respected and considered through consultation.
8. Management decisions related to reserves will consider the interests of reserve neighbours as well as reserve users.
9. In managing its reserve estate, the council will seek to derive solutions that are of maximum benefit to the community as a whole.
10. Reserves will be managed in an environmentally sustainable manner and to avoid, minimise and remedy damage to ecological values as a result of public access and use.Return to top

2.2 Administration of reserves

Public reserves are primarily administered under the Reserves Act. This section outlines policies related to consultation with mana whenua and members of the public regarding proposed activities on reserve land. This is in keeping with the role of the council, as administering body, to hold and manage reserve lands in trust for the public.

It also outlines policies to ensure that the council is consulted on any activity undertaken by another party that has the potential to adversely affect the uses or values within a reserve.

2.2.1 Consultation with tangata whenua

Comment/Explanation
Although the Reserve Act 1977 does not contain any reference to the Treaty of Waitangi, recent case law has changed how councils must consider their relationship with tangata whenua.

Section 4 of the Conservation Act 1987 requires that the Act should be interpreted and administered so as to give effect to the principles of the Treaty of Waitangi.

The Court of Appeal in Ngai Tahu Maori Trust Board v Director-General of Conservation [1995] 3 NZLR 553 held that the obligation in Section 4 required each of the Acts in the First Schedule to the Conservation Act (including the Reserves Act) to be interpreted and administered as to give effect to the principles of the Treaty of Waitangi, at least to the extent that the provisions of those Acts were clearly not inconsistent with those principles.

The Local Government Act 2002 also contains an obligation to provide for consultation with Maori.

Principles of the Treaty

• Governance (Kawanatanga): The authority to make laws for good order and security of the country subject to any duty imposed on the Crown by its responsibilities and obligations to Maori preserved under the Treaty.
• Iwi authority and control over taonga (Tino Rangatiratanga).
• Exclusive and undisturbed possession of Maori land (Mana Maori).
• Equality and privileges of citizenship (Oritetanga).
• Partnership and relationships (Whakawhanaungatanga).
• Kaitiakitanga: The right of Maori to undertake their duty of tiakitanga over their own land, resources and taonga.
• Active Protection (Tautiaki Ngangahau): The Crown’s duty is to ensure active protection of taonga for as long as Maori wish.
• The duty to make informed decisions through consultation.
• The duty to remedy past breaches of the Treaty and to prevent further breaches.

Objectives
To ensure the interests of iwi/hapu with mana whenua status are known to the council in its decision making process in regards to reserves.
Establish and maintain effective and meaningful relationships with tangata whenua of the district.

Policies

1. Mana whenua will be consulted where a significant development project or activity is proposed on a reserve that may affect mana whenua interests. This includes all works involving significant physical alteration of the land e.g., erection of buildings or other large structures, earthworks, displacement or removal of natural resources.
2. Tangata whenua will be otherwise consulted where they have an interest.
3. The council will;

• Take into account concerns or issues raised by tangata whenua during any consultation process, and
• Communicate back to tangata whenua how their issues or concerns have been addressed or if they have not been addressed, the reasons why not with an offer of further dialogue on the matter(s), if necessary.Return to top

2.2.2 Community consultation

Comment/Explanation
Development of reserves, including policy that guides the management of reserves, may have significant effects on reserve users and adjoining property owners. Considering this, it is appropriate for user groups, neighbours to reserves and the general public to be consulted on changes and projects so that particular issues of concern can be identified and acceptable solutions created.

While minimum standards for consultation are contained in the Reserves Act, the Local Government Act 2002 creates an expectation of more consultation in proportion to the significance of the decisions to be made.

Objectives
To consult the community on major development and management of the reserves network asset or individual reserves issues where required by law or where it is otherwise appropriate.
To seek outcomes from community consultation which reflect the function and purpose of the reserves.
To identify and liaise with community organisations, as appropriate, to provide an awareness of the broad set of interests and issues in the district.
To be consistent with the council's policy on iwi consultation.

Policies

1. Any major development of a reserve will involve consultation with the affected community as appropriate or as required by law. This includes lessees and users of reserves where relevant.
2. The outcomes sought from consultation will take into account the function and purpose of the reserve as set out in the Reserves Act.
3. Any consultation process will be subject to the applicable provisions of the Reserves Act in relation to general consultation and the Local Government Act 2002.
4. To consider cultural sensitivities of ethnic communities in the district in the planning and management of reserves.Return to top

2.2.3 Council as a lessee

Comment/Explanation
There are lands in the district that the council leases from others and manages as reserve. As a lessee, the council effectively becomes the property owner for the term of the occupation agreement, subject to any provisions therein. At the same time, the council must consider and respect the landowner’s long term interests in the land.

Objectives
To ensure good communication and transparency by the council in its planning for and management of lands that it leases and uses as reserve.

Policies

1. The council, in planning developments for the reserve lands that it leases, will be cognizant that landowners may eventually seek to terminate the lease and retain the land for their own purposes. Any “permanent” changes to the land, such as new buildings or significant changes to the landscape must be undertaken with approval of the landowner.
2. The council will consult with the landowner of council-leased reserve lands prior to undertaking significant works on those lands or approving long-term uses and activities or major events.
3. If an owner of council-leased reserve land has a concern about a use or activity on that land, they may approach the council and those concerns will be addressed as a priority.Return to top

2.2.4 Council as an affected party to neighbouring activities requiring resource consent

Comment/Explanation
Under the Resource Management Act 1991, the council may be considered an affected party where a development or activity proposal on land adjacent to a reserve or potentially affecting a reserve requires resource consent under the District Plan.

The main concern of the council is that adverse effects on reserves or users of reserves are avoided, remedied, compensated for or mitigated. In these circumstances, the council department involved with administering the resource consent process (currently the Customer and Regulatory Services Team) must consult with the council department involved with administering parks and reserves (Parks) on matters affecting reserves.

Objectives
To ensure council consent to a development proposal as an affected party takes into account adverse effects on reserves or prescribed uses of reserves.

Policies

1. The council will comment, as an affected party, on all development activity proposals that are adjacent to or potentially affecting a reserve and requiring a resource consent and/or building consent under the District Plan.
2. Before giving its permission as an affected party, the council will generally require to be satisfied that any adverse effects on reserves or users of reserves are able to be avoided, remedied, compensated for or mitigated.Return to top

2.2.5 Naming of reserves

Comment/Explanation
Most reserves within the New Plymouth District, both existing and new, are informally named after the name most commonly used by the local community or after the nearest street in the locality.

If a reserve is to be officially named or renamed under the Reserves Act, the procedure is set out in section 16 (10) of the Reserves Act. Official names for reserves are approved by a council resolution then a council declaration of a reserve name is required to be advertised in the Gazette.

Objective
To establish a consistent procedure for naming reserves.

Policies

1. Where possible, the name of a reserve should reflect the relevance of the site, its history and use and the purpose for which was reserved. If there is a strong Maori cultural connection to a reserve, a Maori name should be considered in consultation with mana whenua. Likewise, a strong European cultural connection to a reserve should result in an appropriate European name.
2. Where appropriate, both Maori and European names will be used on signage and in documentation. Maori names will be identified in consultation with mana whenua.
3. Official names for reserves will be established after consultation with tangata whenua, reserve users, reserve neighbours and any other identified affected and interested parties.
4. All proposed official reserve names must be publicly notified. The public will be given one month to comment on the proposed official name. Return to top

2.2.6 Reserve neighbours

In managing its reserve assets, the council seeks to behave like a good neighbour, considering the interests of the landowners whose properties adjoin reserve land.

At the same time, reserves have been established for specific purposes to promote the well being of all of the people in the district. Where landowners have purchased land adjacent to a reserve that has existing uses and developments on it, the expectation is that they were aware of this situation at the time of purchase and the council will weigh their concerns accordingly.

Objective
To manage reserves in a manner that provides for public benefit while considering the interests of adjoining neighbours in having reasonable enjoyment of their property.

Policies

1. The council will consult with adjoining property owners as immediately affected parties where a new reserve is being established or a new significant use or activity on a reserve is planned.
2. Where a reserve, and uses or activities on a reserve, existed prior to the transfer of ownership of an adjoining property, the council considers this to be a pre-existing condition at the time of the land purchase (i.e. the landowner was aware of the reserve and its activities when they bought their property) and will weigh the concerns raised by these landowners accordingly. In these situations, the council is under no obligation to stop or change a pre-existing activity in response to a complaint by the landowner unless that activity contravenes a law or council bylaw or policy. At the same time, the council has a responsibility as a “good neighbour” to ensure that the uses and activities that occur on reserves are reasonable in terms of their effects on surrounding properties.
3. The council will not otherwise restrict public use of a reserve at the request of a reserve neighbour unless the landowner is able to demonstrate that the use interferes unduly with a landowner’s reasonable enjoyment of their property.
4. Landowners of properties adjoining reserves have the opportunity to apply for temporary access through a reserve, where necessary, to otherwise inaccessible parts of their property. In approving such access, the council will consider the need for the access and the implications for public use and enjoyment of the reserve.
5. The council will take measures to prevent or remedy vegetation encroaching from reserves onto neighbouring land upon request by the affected landowner.

Other relevant council policies and bylaws

• District Tree Policy (February 2006)

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2.2.7 Rural domain committees

Comment/Explanation
Prior to the 1989 Order in Council amalgamating local councils into the New Plymouth District Council, there were a number of domain boards in existence, whose responsibility was to manage reserve domains. Following the amalgamation, these domain boards ceased to exist and were replaced by domain committees with reduced powers and responsibilities.

The role of domain committees is primarily to provide basic maintenance of rural domains (e.g., mowing, rubbish collection, toilet cleaning) and provide advice to the council on domain management.

The council provides funding to these committees to carry out their work. The arrangement is beneficial to the council, since these domains are remote from New Plymouth and are more efficient to manage locally. The arrangement also provides local employment and provides local input into the ongoing management of these reserves.

Rural domain committees are not decision-making bodies; the overall management of reserves rests with the council.

Objective

To provide a clear understanding of the role of rural domain committees and processes for funding their activities.

Policies

1. The role of rural domain committees is to:
   • Provide basic maintenance of domain reserves, as agreed between each committee and the council, and
   • Provide advice to the council on ongoing domain management.
   • In all cases, decision-making authority in relation to reserves management rests with the council and not with the rural domain committees.
2. All lease administration will rest with the council as the administering body and not with domain committees.
3. The council will establish a service level agreement with each recognised domain committee and provide funding to cover required works.
4. The council will monitor the work of domain committees and ensure that the funding is appropriately spent.
5. Domain committees are required to be trusts or incorporated societies. General meetings will be held every three years and all committees shall be comprised of four or more members.
6. Each domain committee shall maintain its accounts to a standard required of a trust or incorporated society. These accounts shall be submitted to the council annually, prior to allocation of the year’s funding. The accounts shall also be available for council review upon request.
7. Domain committees will inform the council of the need for major maintenance and capital improvements who will then assess these requests on a priority needs basis. 
8. If, in the future, there is insufficient membership to continue a domain committee or the committee is unable to function in its required capacity, the incorporated society will be dissolved and the operation will be taken over by the council.

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