General Policies for Council Administered Reserves 2006

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Section 2.3

General Policies For Council Administered Reserves 2006 | Section 1 | Section 2.1 and 2.2 | Section 2.4 | Section 2.5 | Section 3. Glossary | Section 4. Appendices

• 2.3.1 General use policies
• 2.3.2 Commercial exclusive use 
• 2.3.3 Non-commercial exclusive use
• 2.3.4 Occupation agreements
• 2.3.5 Abandonment or change in use
• 2.3.6 Encroachment on reserves
• 2.3.7 Network utility infrastructure
• 2.3.8 Events on reserves
• 2.3.9 Signage
• 2.3.10 Fireworks displays
• 2.3.11 Use of flying devices (e.g. helicopters)
• 2.3.12 Liquor consumption and sale of liquor
• 2.3.13 Commemorative and personal memorials
• 2.3.14 Use of hazardous substances
• 2.3.15 Camping
• 2.3.16 Animals
• 2.3.17 Grazing on reserves
• 2.3.18 Harvesting of vegetation

2.3 Use of reserves

2.3.1 General use policies

Comment/Explanation
Reserves and reserve assets, i.e. parks, walkways and associated infrastructure, play an important part in the quality of life of residents and visitors to New Plymouth District, helping make the district a vibrant and enjoyable place in which to live. Council administered reserves are a major source of open space, provided for the benefit, enjoyment and use of the public.

General Use policies guide the response of council to applications to use reserves. As a trustee of public land the council reserves the right to decline a proposal for use of a reserve, or to stop a use, if it is:

• Incompatible with statutory requirements or council policies.
• Has the potential to cause damage to the reserve or reserve values. Or
• Has the potential to result in unreasonable adverse effects to reserve users or reserve neighbours when weighed against the benefit to the broader public good.

Some activities on reserves may also require resource consent under the Resource Management Act 1991.

Objectives
To ensure maximum community benefit is achieved from district reserves by encouraging use of the reserves, while ensuring maintenance, protection or preservation of each reserve’s values, and the enjoyment of reserve users and reserve neighbours.
Where permitted by the Reserves Act, to charge for a particular use where a person or group gains special or exclusive benefits of a reserve, or facilities on that reserve, that is greater than that derived by the general public.
To recognise council’s responsibility under the Treaty of Waitangi and the Reserves Act to ensure that customary use of traditional resources on reserves by tangata whenua will not incur a charge.

Policies

1. These policies should be read in conjunction with the commercial and non-commercial exclusive use policies (sections 2.3.2 and 2.3.3 respectively).
2. Access to reserves will generally be free of charge to the general public except as provided for in policy 3 below and in section 2.3.2 Commercial exclusive use and section 2.3.3 Non-commercial exclusive use.
3. Where a special benefit accrues to a user of a reserve or facilities on that reserve that is not available to other reserve users, the council may charge a fee to either:
   • Reflect current market rental,
   • Reflect the degree of private benefit to be gained, or 
   • Cover administrative costs.
4. Any user of a reserve shall be responsible for ensuring that any adverse effects on the reserve, reserve users, or reserve neighbours, can be avoided, remedied or mitigated, unless otherwise authorised by the council.
5. All use of council reserves will comply with applicable council bylaws.
6. A bond will generally be required for all booked group uses of reserves. Bonds will be set at such a level that any possible damage to the reserve will be able to be repaired at no cost to the council. Amounts in excess of repair costs will be refunded to users. Where bond amounts do not cover repair costs, the difference will be charged to users. Bonds will be assessed for refunding at the first available opportunity after the end of the booked use.
7. Where there is the potential for serious damage to the reserve, reserve users or reserve neighbours (including property), the council may require the organiser of an event to take out public liability insurance. Event organisers will also be responsible for reinstating a site to its original condition (see section 2.3.8 Events).
8. Where necessary, the council will consider closure of a reserve or part of a reserve in conjunction with a requested use, as appropriate and in accordance with statutory requirements for the protection and well-being of the reserve and for the protection and control of the public using it.
9. Any action or event necessary for the purposes of saving or protecting life or health or preventing serious damage to property or avoiding an actual or likely adverse effect on the environment may be carried out without the prior permission of the council or prior public notice, provided that those involved take every reasonable step to contact the council and carry out public notification, where necessary.

Other relevant council policies and bylaws

• NPDC Consolidated Bylaws 2000: Public Places (Part 9)
• NPDC Consolidated Bylaws 2000: Recreational and Cultural Facilities (Part 10)Return to top

2.3.2 Commercial exclusive use

Comment/Explanation
The council occasionally receives applications for the use of reserves for temporary or long-term commercial activities.

These activities can include filming, food sales, circuses, markets, fairs, gypsy conventions, and commercial recreation, among others.

Commercial activities are an acceptable part of the range of activities within recreation, historic and scenic reserves, provided that they relate in some way to the purpose of the reserves as contained in sections 17-19 of the Reserves Act. Such activities can be temporary or long-term.

Occupation agreements, such as leases and licenses, for commercial activities on reserves, are addressed in section 2.3.4 (occupation agreements) of this document. Events are addressed in section 2.3.8 (events on reserves).

While commercial activities can be appropriate, they must be consistent with the primary purpose of the reserve. The activities should also not adversely impact on the reserve, reserve values, reserve users, or reserve neighbours. Controls on activities should ensure that adverse effects of reserve use can be avoided, remedied or mitigated.

Objectives
Where appropriate and lawful, to allow temporary and long-term commercial exclusive use of reserves.

Policies

1. These policies should be read in conjunction with other use of reserve policies in section 2.3 (use of reserves) and the development policies outlined in section 2.5 (development of new features and facilities).
2. A formal agreement, by way of an occupation agreement, is required for any commercial use of a reserve (see section 2.3.4 Occupation agreements).
3. Commercial activities will be allowed on reserves provided that they:
   • Add to the public enjoyment of the reserve and are consistent with the purpose of the reserve, 
   • Are otherwise appropriate to the location,
   • Have reasons related to the council’s strategic goals to be located on publicly owned land,
   • Satisfy the requirements of the Reserves Act and any other relevant statutes,
   • Are in accordance with the objectives of any site specific management plan for the reserve, council bylaws, or council policy, and 
   • Can avoid, remedy or mitigate any adverse effects on the reserve and reserve values, reserve users, or reserve neighbours.
4. Exclusive use of reserve land will only be considered where there is no greater need for public open space. New proposals may not be approved and leases may not be renewed where there is a demonstrated need to manage an area for non-exclusive public use.
5. All applications to operate long-term commercial activities on reserves shall be made in writing to the council at least twelve weeks prior to when final approval is required. Applications should include:
   • A description of the proposed activity.
   • A description of the potential effects of the proposed activity, and any actions which the applicant proposes to take to avoid, remedy or mitigate any adverse effects.
   • Proof of compliance of the proposed activity with all relevant legislative requirements, regulations, codes, bylaws, and permits.
   • A statement of the proposed duration of the activity and the reasons for the proposed duration.
   • Relevant information relating to the applicant, including any information relevant to the applicant’s ability to carry out the proposed activity.
6. A resolution of council may be required to approve of any application for commercial enterprise on a reserve where the construction or significant modification of a permanent structure is required.
7. The council may grant approval for commercial activities to temporarily occupy a recreation or scenic reserve for a period of up to six consecutive days, if it is necessary to enable the public to obtain the benefit and enjoyment of the reserve or for the convenience of those using the reserve.
8. The council may grant a long-term lease or licence for a commercial activity to occupy part of a recreation reserve where the activity complies with the Reserves Act. See section 2.3.4 Occupation agreements for specific requirements for leases, licences, easements or other agreements.
9. A charge may be levied for any commercial use of a reserve.
10. Any commercial operator on a reserve will be required to participate in an on-site induction concerning the reserve and its objectives and any conditions and considerations related to the business operation.
11. Commercial operators are required to prepare a health and safety plan that addresses any issues related to their use of the reserve, particularly where their operation affects reserve users e.g., due to increased traffic.
12. The council will request that any person operating a commercial business on a reserve without proper approval to cease their operations immediately until such time as an appropriate application process has been completed. Where a commercial business continues to operate without council approval, immediate action will be taken to apply to the Court for an order to remove the business from the site.
13. Commercial operators shall not transfer, sublet or in any way assign the rights to provide their services without the approval of the council.
14. If a member of the public does not agree with a commercial use of a reserve, they may lodge a complaint with the council stating their concerns and the reason(s) why that particular use is not suitable.

Other relevant council policies and bylaws

• Organised and Commercial Activity on the Coastal Walkway (P05-014)
• NPDC Consolidated Bylaws 2000: Trading in Public Places and Itinerant Traders (Part 14)Return to top

2.3.3 Non-commercial exclusive use

Comment/Explanation
The term “non-commercial exclusive use” applies to exclusive use of an area of space on a reserve.

In keeping with the principal of reserves being accessible to the public, exclusive use of reserve land is considered acceptable as long as the membership to the relevant club or organisation is open to all members of the public.

The only exception to this requirement is where long term exclusive use was historically granted to private individuals to lease land for baches at Onaero, Urenui and Tongaporutu recreation reserves.

There are two types of non-commercial exclusive use: long-term and temporary.

Long term exclusive use generally refers to the long term enclosure of reserve space for ongoing use by a particular group that then obtains a greater benefit than that received by the general public. It predominantly occurs through lease arrangements, and generally relates to non-commercial activities carried out from club houses, halls, and other indoor facilities (on recreation reserves) and community group club buildings (on local purpose reserves).

Temporary exclusive use generally relates to one-off or seasonal use, such as:

• Reserve land that is fenced for a season to protect the ground surfaces, facilities and equipment requirement by particular sporting codes.
• Booked sports fields. Sports codes usually pay for their bookings on a seasonal basis, although grounds can also be booked in units of hours and be less than a full day.
• Another form of short-term occupation agreement (see section 2.3.4 Occupation agreements).

The minimum timelines to apply for non-commercial exclusive uses are stated in the policies below. These minimum timelines reflect the amount of time required for council staff to process an application, including any required consultation or document processing.

Accordingly, applications for licenses and leases must submitted at least 12 weeks prior to when approval is required, while applications for temporary or one-off activities must be submitted at least four weeks prior to approval.

Objectives
Where appropriate and lawful to allow long-term and temporary non-commercial exclusive use of reserves.

Policies

1. These policies should be read in conjunction with other policies in 2.2 (administration of reserves) related to the use of reserves as well as policies on development (see section 2.4 Maintenance of reserves and reserve assets).
2. Exclusive use will be allowed on recreation and local purpose reserves where the council determines that:
   • Membership to the club or organisation requesting the exclusive use is open to all members of the public (private clubs are not eligible to apply for exclusive use).
   • The activity:
     • is consistent with the purpose of the reserve and its location,
     • has reasons related to the council’s strategic goals to be located on publicly owned land,
     • has reasons to be in the location requested e.g., the priority for the use of coastal reserves will be activities that require access to the coast or ocean.
     • satisfies the requirements of the Reserves Act and any other relevant statutes, 
     • occurs such that general public has free and reasonable access to the balance of the reserve i.e. outside of the area identified for exclusive use,
     • is in accordance with the objectives of any specific management plan for that reserve, council bylaws, or council policy,
     • can avoid, remedy or mitigate any adverse effects on the reserve and reserve values, reserve users, or reserve neighbours.
   • Exclusive use is considered necessary because it will be detrimental to the assets of the club or organisation if the general public were to be permitted access.
3. Exclusive use of reserve land will only be considered where there is no greater need for public open space. New proposals may not be approved and leases may not be renewed where there is a demonstrated need to manage an area for non-exclusive public use.
4. A charge may be levied for all forms of exclusive use (temporary or long-term) to compensate the community for lost opportunity to use the reserve space.
5. All applications to use reserve land for non-commercial activities shall be made in writing to the council:
   • at least twelve weeks prior to when final approval is required for long-term agreements, and
   • at least four weeks prior to when final approval is required for temporary or one-off activities (see also section 2.3.8 Events).
     
     Applications must include:
   • a description of the proposed activity,
   • a description of the potential effects of the proposed activity, and any actions which the applicant proposes to take to avoid, remedy or mitigate any adverse effects,
   • proof of compliance of the proposed activity with all relevant legislative requirements, regulations, codes, Bylaws, and permits,
   • a statement of the proposed duration of the activity and the reasons for the proposed duration, and
   • relevant information relating to the applicant, including any information relevant to the applicant’s ability to carry out the proposed activity
6. Where temporary exclusive use is deemed necessary for the holding of an event or activity, part or all of the reserve will be closed to the public for the duration of that event. Ground users who have booked a specific area of reserve land will have priority over other users.
7. Where temporary exclusive use requires the closure of part or all of a reserve, then public notification of this will be made at least one week beforehand, with the user group responsible for meeting the cost.
8. The council may grant a long-term lease or licence for a non-commercial activity to occupy part of a reserve where the activity complies with the Reserves Act. See section 2.3.4 Occupation agreements for specific requirements for leases, licences, easements or other agreements.Return to top

2.3.4 Occupation agreements

Comment/Explanation
The term ‘occupation agreement’ refers to any lease, licence, easement, or other agreement granted between the council and a person, organisation or company that is occupying part of a reserve (including below ground facilities and airspace).

The power of the council to grant an occupation agreement over reserves varies depending on the status of the reserve concerned and the rights transferred from the Crown. Each particular agreement will need to refer to specific sections of the Reserves Act dealing with the type of reserve under consideration.

A public notification and consultation process for proposed occupation agreements is usually mandatory. Depending on the proposal, resource consent under the Resource Management Act 1991 may also be required. It is up to the applicant to acquire any such consent.

The following objectives and policies apply to all new occupation agreements from the date of council adoption of these General Policies for Council Administered Reserves. These objectives and policies only apply to agreements that pre-date this policy document if the agreement is silent on an issue. The policies cannot override the specific contractual terms of an occupation agreement.

Objectives
To permit the occupation of reserves for approved individuals, groups, uses or facilities by the granting of occupation agreements where these:

• Have reasons related to the council’s strategic goals to be located on publicly owned land, 
• Satisfy the requirements of the Reserves Act and any other relevant statutes,
• Are in accordance with the objectives of any site specific management plan for the reserve, council bylaws, or any other council policy,
• Can avoid, remedy or mitigate any adverse effects on the reserve and reserve values, reserve users, or reserve neighbours, and
• Are approved by the Minister of Conservation, if required.

To balance the retention of publicly accessible open space with appropriate use and occupation of reserves.

To ensure public accountability in reserve management.

To ensure adequate remedy or mitigation of any adverse effects on reserve values caused by leases, licences, easements or other occupation agreements.

To ensure that all costs associated with the development and implementation of occupation agreements are the responsibility of the applicant.

Policies

1. Applications for any occupation agreement will be in writing. Information provided will allow the council to assess all applications in an equitable and consistent manner. All applications will include:
   • Detailed information on the type of occupation agreement required, including plans, and the reasons for it,
   • Information on alternative locations considered, their costs, and a discussion on why these alternatives cannot be used,
   • An assessment of effects on the reserve, reserve values, reserve users and reserve neighbours and how adverse effects may be avoided, remedied, compensated for, or mitigated, and
   • Information about the applicant, including a business plan containing evidence to demonstrate the sustainability of the club as shown through the business plan and historic records of membership and revenues.
2. The council reserves the right to check any details of any application including financial checks on applicants.
3. All costs associated with the development and implementation of occupation agreements are the responsibility of the applicant unless otherwise agreed by the council. This includes direct and indirect costs associated with any required consents and permits.
4. No lease or other occupation agreement will be entered into regarding a building or structure located in an area subject to erosion, flooding or any hazard identified in the District Plan or other council plan or assessment. The exceptions are existing or new buildings/structures directly associated with surf lifesaving or surf lifesaving equipment.

   Leases

5. Where long-term exclusive use is deemed necessary, the council will provide security of tenure through the establishment of a lease or licence where the activity complies with the Reserves Act. All applications for leases for long-term exclusive use will be considered in relation to the:
   • Purpose of the reserve,
   • Preservation of special features,
   • Leasing powers of the council,
   • Retention of seventy-five per cent or more of the reserve as open space or for public access (in general), and
   • Satisfy the requirements of the Reserves Act and other relevant statutes.
6. It is generally expected that potential lessees are societies, charitable trusts or companies, incorporated and registered under the appropriate legislation.
7. Where all or any part of a recreation reserve or local purpose reserve is not for the time being required or being used for the purpose specified in its classification, or it is considered necessary or desirable to farm or graze any part of the reserve, a lease to graze or garden can be considered. Such a proposal and the related lease must comply with sections 71 to 73 of the Reserves Act.
8. In general, leases will be negotiated for up to a maximum term of 33 years as per the Reserves Act. The terms of leases will be decided based on a number of factors, including:
   • The type of use or activity.
   • Whether the club or organisation has a demonstrated history of having a stable membership and being a trustworthy leaseholder.
   • The amount of financial investment the lessee intends to make into the leased area or any associated structures.
   • The time commitment the lessee is willing and interested in negotiating.
9. The council will not enter into perpetual lease agreements.
10. All lease opportunities will be publicly notified with the exception of leases on land that does not have public access via an existing formed road (e.g., grazing leases on existing farm land).
11. In evaluating applications or tenders for leases, the council will consider the contribution of the proposed activity to community wellness and vibrancy and not only the potential revenue to be gained by a lease arrangement.
12. Rent will be levied on all leases as provided for under the Reserves Act and the Local Government Act 2002. Decisions on rent amounts will be based on the following:
    • Commercial operations or tenancies of a residential nature will generally be charged market rates.
    • Voluntary recreational organisation or community groups will generally be charged a percentage of market rates.
13. Leases may include provision for public access where this is appropriate and desirable.
14. Car parking requirements of a potential lessee will be considered prior to approval of the lease. In general, the council is not responsible for providing sufficient parking to service the needs of lessees and may decline a lease application where the anticipated level of use exceeds the available parking. Policies concerning the provision of parking are outlined in section 2.4.2 (conservation of natural values).
15. Lease agreements will indicate buildings and structures likely to be in need of removal in the future due to erosion or other hazards. The agreement will note that the council has no obligation to protect the building or structure since the lessee entered into the agreement with an awareness of the risks.
16. It shall be a condition of every lease that the council will not compensate lessees for improvements upon termination of the agreement subject to the express terms of any lease and the relevant provisions of the Reserves Act (see section 2.3.5 Abandonment or change in use).
17. It shall be a condition of every lease that the council may, before expiry, cancel all or part of the tenancy at one month’s notice should the lessee fail to meet the conditions of the lease.
18. The lessee will be responsible for payment of utilities (power, gas, water and/or any other taxes, levies or running costs) associated with their use of reserve land.
    
    Licences
19. Licences will consider policies related to the provision of public access, consistent with section 2.3.3 Non-commercial exclusive use.
20. A market rental may be charged for all licences.
21. Licences must be:
    • Compliant with all sections of the Reserves Act, 
    • Consistent with any management plan for the relevant reserve.
22. It shall be a condition of every licence that the council will not compensate occupiers for improvements upon termination of the agreement subject to the express terms of any licence.
23. It shall be a condition of every licence that the council may, before expiry, cancel all or part of the tenancy at:
    • Six month’s notice, should the land be required for an alternative purpose, as decided by council resolution.
    • One month’s notice should the licensee fail to meet the conditions of the licence.
    • Immediately, where there is a breach of a serious nature, such as an activity that might bring the council into disrepute.
24. A licence is required on all reserves vested in the council for radio, electric or electronic communication stations (and associated buildings, dwellings, masts and other structures and tracks), in accordance with s48A of the Reserves Act.
    
    Easements
    An easement lawfully grants the non-exclusive right for one person/body to use another’s land for a specified purpose, in this case the use of council land for access, network utility infrastructure or other purposes consistent with section 48 of the Reserves Act.
    
    In some instances the council will need to grant an easement to itself. The proposed granting of an easement will be publicly notified unless the council determines there will be no material effect or permanent damage on the reserve or reserve access. The need for easements can arise when:
    
    • Network utility infrastructure is laid through reserves. Such infrastructure includes both above and below ground electricity or electronic lines, substations, transformers, manholes, pipelines for gas or energy, the provision of water systems, stormwater systems, and drainage systems, and any other associated structures owned by network utility operators on reserves (see also section 2.3.7 Network utility infrastructure).
    • Access is required to any area included in an occupation agreement (e.g. lease or licence) granted under the powers conferred by the Reserves Act. The Act does not enable the granting of a right of way for private purposes e.g., to have access across a reserve to a private landholding. Any right of way on reserve land cannot restrict public access or otherwise affect the rights of the public in using the reserve.
      
25. All easements within the ambit of the Reserves Act must be:
    • Compliant with s48 of the Act.
    • Consistent with any management plan for the relevant reserve.
26. Any easement on reserve land may have a limited timeframe as a condition of granting the easement. The timeframe associated with an easement will be negotiated between the council and the applicant in consideration of the purpose and expected longevity of the associated activity or use. Easements granted for the purposes of long-lived uses such as network utility infrastructure will not be granted into perpetuity, but may have lengthy timeframes associated with them that may be extended if necessary.
27. It shall be a condition of every easement requiring physical works, including network utility infrastructure, that the reserve be returned as close as possible to its original condition, or to such condition as may be agreed between the applicant and the council, upon completion of the work.
28. Rights of way across reserve land will only be considered where a leaseholder or holder of another form of occupation agreement on reserve land requires access to their area of occupation.
29. Historic rights of way across reserves to private landholdings will be honoured but are not transferable upon sale of the property.
30. A rental or compensation charge may be negotiated as a condition of new easements.
31. Due to the long timeframe for some easements, the council reserves the right to review and renegotiate rentals on existing easements over time to ensure fair remuneration for the use of public reserve space.
32. Where the network utility infrastructure relating to the easement is no longer required by the utility provider, the relevant provisions of section 2.3.5 Abandonment or change of use, shall apply.
    
    Other agreements for the use of recreation reserves
33. Section 53(1)(f) of the Reserves Act allows the council to enter into an agreement with any person, body, society or voluntary organisation for the use of a recreation reserve or a part of the reserve for a specified number of days each year. Such an agreement must be for the purpose of particular games, sports, or other activities or for public recreation or enjoyment and shall not:
    • Be for any more than ten years at any one time.
    • Be for any more than forty days in any one year, unless prior consent of the Minister of Conservation is received.
    • Be for any more than six days in a row at any time in any one year unless prior consent of the Minister of Conservation is received.
    • Involve the construction of buildings except of a temporary nature for the particular use of the reserve and for the time required for that use at any time in any one year.
    • Apply to any leased or licensed part of the reserve.
34. The person, body, society or voluntary organisation is entitled to charge an amount for admission on those days the agreement applies for, as specified by the Minister of Conservation.

Other relevant council policies and bylaws
Council encroachment policy (under development)
Policy on leasing of airspace and subsoil of council owned and managed land (under development)Return to top

2.3.5 Abandonment or change in use

Comment/Explanation
Because the needs of a community and reserve users change over time, leases, licences or need to be able to respond to possible abandonment or change of use of facilities.

Objectives
To proactively plan for changes in the use of reserve facilities within the relevant lease or licence.

Policies

1. Subject to the express terms of any lease or licence and the relevant provisions of the Reserves Act, where a reserve facility is no longer required by an occupier, lessee or owner before the end of any occupation agreement, the following steps may be taken:
   • The occupier, lessee or owner may be required to find an appropriate replacement user who shall either apply to the council for an occupation agreement or a sub-lease, as is appropriate and subject to policies in section 2.3.4 Occupation agreements.
   • Before a replacement occupier, lessee or owner is approved by the council the compatibility of the facility and use with the function and values of the reserve will be reviewed within the context of community needs, council policies, and relevant statutes.
   • In the event that the occupier or lessee or owner is unable to find a replacement, the council may make reasonable efforts to find a suitable occupier or lessee, or use for the facility.
   • In the event the council is unable to find a suitable occupier or lessee and the facility or use is not compatible with the function and values of the reserve or there is no foreseeable use for the facility, the owner will be required to either move the facility in part or whole, or have it demolished, or tender or sell it for removal and then return the land to its original condition.
   • If the occupier, lessee or owner is unable to comply with the requirements with the above, the council will either move the facility in part or whole or tender or sell or tender it for removal. If the facility cannot be moved, or the costs of moving it outweigh the likely benefits, the council will have it demolished or tender or sell the building for demolition.
   • The costs associated with the removal, sale, or demolition of the facility will be charged to the occupier, lessee or owner.
   • The council may also buy or pay compensation to the occupier, lessee or owner for the facility with a view to finding a suitable occupier or lessee, or use for the facility.
   • Until such time as a replacement occupier, lessee or owner is approved by the council the current occupier, lessee or owner shall pay consideration as per the occupation agreement.
2. In the event a facility has been abandoned and the occupier or lessee or owner is unable to be located, the council will decide an appropriate course of action by considering any foreseeable use for the facility, and whether the facility or use is compatible with the function and values of the reserve.
3. It is a term of any occupation agreement that upon abandonment and consistent non-payment of consideration, the occupation agreement will be terminated and possession and ownership of associated reserve facilities shall revert to the council.Return to top

2.3.6 Reserve encroachments

Comment/Explanation
Over time, many reserves have been encroached on by adjacent landowners, to a lesser or greater degree. Some encroachments are unintentional and in some other cases, owners of encroachments believe these have been authorised by the council through various processes.

Encroachments cannot be deemed to be authorised unless the process in the Reserves Act has been followed.

Encroachments typically range from the minor and easily removed without effect (such as washing lines and children's play equipment), to access driveways and, in the more extreme cases, to parts of dwellings.

Objectives
To respond to encroachments so that they are, where possible, either removed or are appropriately authorised.

Policies
Council encroachments policy (under development)Return to top

2.3.7 Network utility infrastructure

Comment/Explanation
The council recognises the importance of network utility infrastructure within New Plymouth District and that some of this exists on reserve land.

Providers of network utility infrastructure are governed by separate empowering acts of parliament that may conflict with, or override, some sections of the Reserves Act. There may also be some variance in application between these separate acts.

Such infrastructure includes both above and below ground electricity or electronic lines, pipelines for gas or energy, substations, transformers, manholes, and any other associated structures owned by network utility operators on reserves.

Occasionally network utility operators wish to locate utility infrastructure on reserves. Utility infrastructure can impact on the reserve, reserve values, reserve users and reserve neighbours by restricting the current use of a reserve and the potential development of the reserve for future enjoyment.

As a general principle, although reserves may be considered for network infrastructure, they are not intended to be regarded as infrastructure corridors. Full consideration should be given to alternative locations.

Where infrastructure must be located on reserves, the council wishes to establish procedures to provide for the inspection, maintenance, ongoing operation and upgrading of existing utility infrastructure and also to provide a process where applications by a network utility provider for use of a reserve may be considered.

It is important for network utility operators to have access to their facilities to inspect, maintain, or operate or upgrade existing works. The empowering acts grant the right of access for these activities subject to certain conditions including giving a reasonable notice of their intention to enter a reserve.

It is also important for council to know when network utility operators are proposing work so conflict with other works, or reserve users, can be avoided and so that appropriate conditions can be set.

Notification is also important so that, if complaints or queries from members of the public are received, council staff know which companies are working on reserves and can respond appropriately.

The utility provider concerned will meet any costs associated with temporary closures of reserves and the costs of reinstatement in the event of damage to a reserve from the network utility infrastructure.

Objectives
To allow network utility operators conditional access to reserves in accordance with the provisions of this document, the District Plan, the Reserves Act and the relevant sections of the relevant empowering act for the purpose of inspection, maintenance, ongoing operation and upgrading of existing utility infrastructure.

To permit the use of reserves for new network utility infrastructure, as long as that infrastructure:

• Is designed to be compatible with the purpose and functioning of the reserve,
• Does not impinge on public use and enjoyment of the reserve, and
• Is designed and planned to avoid, minimise or mitigate impacts on recreational, cultural, and conservation values.

To ensure adverse effects of network utility infrastructure on the reserve, reserve values, reserve users and reserve neighbours are able to be avoided, remedied, compensated, or mitigated.

Policies

1. The relevant provisions of other policies referred to in this document, including section 2.3.4 (occupation agreements) and section 2.5.1 (buildings and structures), that apply to network utility infrastructure.
2. Any network utility infrastructure constructed within a reserve will be designed to have minimal impact on recreational, cultural and conservation values. An assessment of potential effects on natural and community values will be undertaken prior to undertaking design and construction of network utility infrastructure within a reserve. The level of detail required will be reflective of the values and uses on the reserve. Where opportunities exist, network utility infrastructure will be designed to also enhance the recreational opportunities or aesthetic values of the reserve e.g. by creating pathways during the installation of drainage pipes.
3. Council will grant network utility operators conditional access to reserve land to inspect, maintain, operate, or upgrade existing works, subject to the provisions of the relevant empowering Acts, the Reserves Act and any conditions imposed by the council.
4. Council will grant utility providers conditional access to reserve land to trim or remove vegetation posing a risk to the integrity of existing lines, support structure or other facilities. This must be undertaken in approval and under supervision of council staff, except in the event of an emergency (see also Policy 6).
5. Network utility operators are required to give reasonable notice of their intention to enter a reserve to inspect, maintain, operate or upgrade existing facilities or to trim or remove vegetation. The exception to this policy is where emergency works are required (see also Policy 6). Prior notification of neighbouring landowners will be undertaken by the network utility provider where there is potential for disruption of adjoining properties.
6. Where a utility provider is required to undertake emergency work on a reserve the utility provider shall inform the council on the same working day or the next working day when the emergency occurs on a public holiday or weekend.
7. The utility provider is responsible for all costs associated with temporary closures of reserves and the costs of reinstatement in the event of damage to a reserve from the network utility infrastructure or maintenance activities.
8. Council will confirm future occupation of reserves by network providers for approved uses and network utility infrastructure by granting of registered easements with appropriate conditions.
9. Network utility operators must supply a useable and up to date as-built infrastructure plan in a form and detail agreed with council officers, including information regarding their location on reserves within six months of the infrastructure becoming fully operational.
10. Any structures associated with network utility infrastructure will be maintained in a condition that does not detract from the amenity value and public enjoyment of the reserve.

Other relevant council policies and bylaws

• District Tree Policy (February 2006)

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2.3.8 Events on reserves

Comment/Explanation
New Plymouth District is positioning itself to be a key events destination in New Zealand. Throughout the year, the council offers a number of high profile events that attract large numbers of participants. Many of these events take place on council reserves.

Because of their potential to impact physically on the reserve as well as impinge on the general enjoyment of the reserve by the public, events on reserves require special consideration.

An event is defined as a significant activity that occurs on a one-off basis and involves temporary use of reserve land (less than six days in a row). It may be a sporting event, a festival, musical performance or other form of public entertainment. It is different to the ongoing activities on reserves such as regular weekly sports matches or club meetings.

Objectives
To effectively plan and manage the use of reserves for public events.

To manage the potential impacts of public events on reserves and reserve infrastructure.

To ensure fairness and consistency in dealing with events organisers.

Policies

1. Applications for commercial or non-commercial exclusive use of a reserve for an event will be subject to the policies outlined in sections 2.3.2 (commercial exclusive use) and 2.3.3 (non-commercial exclusive use).
2. For events where exclusive use is not required, the general public must be allowed free access at all times while the event is underway. This acknowledges that public exclusion may be necessary during set-up or clean-up for safety reasons.
3. Applicants wishing to use a council administered reserve for an event will apply to the council in writing at least four weeks prior to the proposed event describing:
   • The nature of the event,
   • The timing (dates and times) and duration of the event, including setup and cleanup,
   • The desired location and rationale for that location, 
   • The anticipated level of attendance,
   • Any requirements regarding infrastructure and use of facilities,
   • Proposed commercial activities to accompany the event,
   • Access requirements,
   • Considerations regarding public health and safety, and
   • Whether there will be a charge for entry (consent is required to charge for an activity on reserve land).
4. The council will assess each application for an event on reserve land in consideration of the magnitude and frequency of events being held on that reserve and the implications for reserve neighbours, existing users of reserves and the ability of the general public to access and to use the reserve.
5. Events organisers must apply for all required resource and building consents in a timely manner. All costs for consents and permits required for the event will be borne by the applicant.
6. Event organisers will be responsible for organising and funding additional services and infrastructure to support events such as toilets, rubbish collection, security fencing, and security personnel.
7. Event organisers are responsible to the site and for the health and safety of participants. A risk management plan will be submitted to the council for approval at least two weeks prior to the event.
8. Following the event, the organisers will be responsible for reinstating the event location to its original condition as soon as practicable. This includes the following:
   • All rubbish must be removed and the area left clean and tidy.
   • All structures and equipment must be removed.
   • All tent pegs must be removed to avoid damage to mowers.
   • Obvious damage to turf, vegetation or reserve structures will be remedied as soon as possible after the event.
9. The council may levy a fee on all events to cover the cost of maintenance of facilities, turf and vegetation impacted over time by large public gatherings. The amount of the fee will vary depending on the size of the event and its potential for impacting the reserve.
10. All commercial activities associated with events shall be arranged by the event organiser and approved by an authorised officer of the council. Any holder of an occupation agreement for an event shall not transfer, sublet or in any way assign the rights to provide services at an event to another party without the written approval of the council.
11. The event organiser is required to carry liability insurance cover for any major event.
12. Site inductions are required to familiarise organisers with potential hazards and vulnerabilities associated with the event location.

Other relevant council policies and bylaws

• NPDC Consolidated Bylaws 2000: Public Places (Part 9)
• NPDC Consolidated Bylaws 2000: Recreational and Cultural Facilities (Part 10)
• Organised and Commercial Activity on the Coastal Walkway (P05-014)Return to top

2.3.9 Signage

Comment/Explanation
This policy applies to signage erected on reserves by anyone other than council.

The construction, maintenance, and fees payable for erection of advertising signs and hoardings are regulated by council’s bylaws. Wider neighbourhood effects are regulated by the District Plan, which must be complied with before a permit is issued.

The implementation of this policy is subject to the appropriate provisions of both bylaw and District Plan rules.

Objectives
To minimise adverse visual effects while maximising useful information to reserve users.

To ensure consistent sign information, styles and types on reserve land throughout the district.

Policies
As per the 2006 policy re: advertising signs on reserves. In addition:

1. Interpretive signage may be included on a reserve where there are significant cultural, ecological, or historic values and where the council considers that this will add to the public enjoyment of the reserve.
2. Signage on reserves will be used minimally and in accordance with council policies on advertising signage on reserves.

Other relevant council policies and bylaws

• NPDC Consolidated Bylaws 2000: Public Places (Part 9)
• Advertising Signs on Reserves (P06-001)Return to top

2.3.10 Fireworks displays

Comment/Explanation
Groups occasionally wish to use reserves for fireworks displays. These displays are controlled by legislation other than the Reserves Act but also require permission under this Act where the activity is to take place on a reserve.

Objective
To allow fireworks displays on reserves if adverse effects on reserve values, reserve users and reserve neighbours are able to be avoided, remedied or mitigated and where this activity is compatible with the classification of the reserve and other requirements of the Reserves Act.

Policies

1. Fireworks displays will only be allowed on reserves where a licensed pyrotechnic is employed to organise and carry out the display.
2. Applications must be made in writing to the council at least ten working days prior to the proposed event.
3. Applicants wishing to use reserves for fireworks displays must provide evidence they have met the requirements of relevant legislation, regulations, codes and permits before final permission will be granted.
4. Adequate public liability insurance is to be taken out by the applicant. Written proof is required before final permission of the council is given.
5. Approval may not be provided for fireworks displays on reserves and existing approvals may be revoked where the risks of hazards is considered too high e.g., due to dry weather and high fire risk.Return to top

2.3.11 Use of flying devices (e.g. aircraft and helicopters)

Comment/Explanation
The council has no jurisdiction over an aircraft or helicopter in the air, however, the council can control effects of activities on the ground on reserves, reserve values, reserve users and reserve neighbours.

Objective
To allow aircraft and helicopter taking off and landing on reserves or events on reserves involving the use of aircraft and helicopters, where the effects on reserve users and reserve neighbours can be mitigated and relevant statutory requirements are met.

Policies

1. Aircraft and helicopters will only be permitted to land on reserves for the purposes of special events and in emergencies and not as a general practice. Applications for aircraft and helicopter landings will be assessed on a case-by-case basis.
2. Approval may be granted for any form of aircraft or helicopter to use a reserve for the purpose of landing or taking off with prior written permission from the council and approval from the Civil Aviation Authority or military. Such permission is not required in an emergency.
3. Applications for taking off or landing or events involving the use of aircraft and helicopters must be made in writing to the council at least ten working days prior to the proposed event and must state how effects on reserve users and neighbours will be mitigated.
4. Compliance with relevant legislation, including the approval of the Civil Aviation Authority or the military, is the responsibility of the applicant.
5. Adequate public liability insurance is to be taken out by the applicant. Written proof is required before final permission of the council is given.
6. The landing/take off strip is to be suitably marked and personnel provided to ensure that no member of the public strays on to the strip during landing or take off and that the operation is performed safely.
7. Model aeroplanes may not be flown within a reserve except in accordance with the consolidated bylaw (Part 10, No 3.2.2).
8. Applications for the use of flying devices in reserves (including model aeroplanes, self-propelled aircraft and helicopters) will only be considered where the applicant has prepared an appropriate health and safety plan.

Other relevant council policies and bylaws

• NPDC Consolidated Bylaws 2000: Public Places (Part 9)
• NPDC Consolidated Bylaws 2000: Recreational and Cultural Facilities (Part 10) Return to top

2.3.12 Liquor consumption/sale of liquor

Comment/Explanation
The sale of liquor may be seen as a way for reserve users or occupiers to raise funds for their activity.

Reserve users can also request consent for special or one-off type of events where liquor is sold or supplied incidental to the principal purpose of the occasion or event being held.

The consumption of liquor can have adverse effects on reserves, reserve values, reserve users and reserve neighbours. Consequential effects can include increased noise, litter, damage to vegetation, and diminishing outdoor recreation and landscape values of the reserve. As many council administered reserves are in residential neighbourhoods, these effects may be serious.

There are two types of liquor license– temporary/ one-off and long-term. These two types of license are addressed separately in the following policies.

Objective
To allow liquor consumption for activities on reserves where the effects on the reserve, reserve values, reserve users and reserve neighbours can be avoided, remedied or mitigated, and the relevant statutory and bylaw requirements are met. 

Policies

1. The council may support the granting of liquor licences for premises located on reserves or special licenses for one-off types of events where:
   • The effects on the reserve, reserve values, reserve users, and reserve neighbours can be avoided, remedied or mitigated.
   • The conditions of the current Sale of Liquor Policy of the council are met.
   • The sale and/or consumption of liquor does not breech council bylaws (e.g. does not occur within a council liquor ban area).
2. Applications for the sale and/or consumption of liquor at a special or one-off event must be made in writing to the council at least eight weeks prior to the proposed event.
3. Where permission is granted for long-term sale and/or consumption of liquor, the terms of the occupation agreement will be changed to allow for such sale/consumption.
4. Applicants must provide evidence they have met the requirements of relevant legislation, regulations, codes, and permits before final permission will be granted. This includes being able to demonstrate the steps that will be taken to prevent the sale of liquor to minors.
5. Applications for long-term use of liquor on a reserve will only be granted where the applicant has an occupation agreement with the council for long-term use and occupancy of the reserve land where the liquor is to be consumed (see section 2.3.4 Occupation agreements) and owns or leases the building(s) on the site.
6. Where the council provides consent to sell liquor at an event, the event organiser must arrange for the liquor license and must pay all associated costs.
7. The responsibility for managing liquor consumption and associated public behaviour is the responsibility of the license holder. In addition, any financial responsibilities associated with the liquor licenses are the responsibility of the license holder.Return to top

2.3.13 Commemorative and personal memorials

Comment/Explanation
There are two types of memorials placed in reserves: (a) memorials to commemorate special events and visits by dignitaries and (b) personal memorials in the memory of a particular person.

Both types of memorial assume an historic significance over time and need to be properly identified, recorded and maintained.

There are a number of considerations associated with the placement of commemorative and personal memorials. These include the responsibility associated with design and maintenance of memorials and the cost of their placement and maintenance over the long term.

Objective
To allow commemorative and memorial structures and plantings and the placement of associated plaques as appropriate.

Policies
In addition to the policies in Memorials in Public Open Spaces (P04-009):

Commemorative memorials:

1. A register of trees and plaques commemorating official events will be kept and updated by the council.
2. The council will maintain, repair and replace, as necessary, trees and plaques commemorating official events. Note, this policy does not apply to personal memorials.
   
   Personal memorials:
   
3. All requests for personal memorials from the public shall be in writing will be assessed by council staff on a case by case basis in consideration of the proposed design as well as its placement and long-term maintenance requirements. The Monitoring Committee may consider any challenge to a decline in request for a personal memorial.
4. The applicant is responsible for the purchase, construction, instalment and maintenance of their personal memorial unless otherwise agreed with council staff.
5. Where a structure containing a personal memorial reaches the end of its effective life, the council reserves the right to remove that memorial and may or may not replace it with a like structure.

Other relevant council policies and bylaws

• Memorials in Public Open Spaces (P04-009)
• District Tree Policy (February 2006)

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2.3.14 Use of hazardous substances

Comment/Explanation
Hazardous substances such as chemicals or biological agents may occasionally need to be used in the maintenance of reserves. It is important to assess the risks and minimise any adverse effects on the reserve, reserve users or reserve neighbours.

Rules in the Regional Air Plan for Taranaki (1997) and Regional Fresh Water Plan for Taranaki (2001) require that resource consent be sought for the use of hazardous substances and that the use will be publicly notified.

Objectives
To ensure that, where it is considered necessary to use hazardous substances on reserves, application is undertaken in a manner that minimises the potential risk to the reserve, reserve values, reserve users and reserve neighbours.

To ensure the application of hazardous substances is undertaken in a safe, efficient manner that minimises disruption to the public and achieves the desired end result.

Policies

1. Council will minimise the use of hazardous chemicals on reserves by exploring more environmentally friendly alternatives where practical and financially feasible.
2. Where hazardous substances are to be used on reserves, the entire operation shall be undertaken in accordance with the relevant legislation including hazardous substance and health and safety legislation, as well as any relevant industry codes of practice and as specified in any relevant contract.
3. Where hazardous substances are to be used on reserves, consideration to the times for application and the methods undertaken to ensure the risk to the reserve, reserve values, reserve users and reserve neighbours is avoided, remedied or mitigated.
4. The application of hazardous substances to reserve land will be publicly notified whenever there is potential affect on human health or safety, in accordance with regional plans for Taranaki.
5. Warning signs shall be erected on a reserve where hazardous substances are being used.

Other relevant council policies and bylaws

• NPDC Consolidated Bylaws 2000: Public Places (Part 9)

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2.3.15 Camping

Comment/Explanation
New Zealanders value opportunities to camp as a recreational activity. The council leases land for six camping grounds to operate along the coast and provide opportunities for camping, campervan connections and cabin rentals.

Outside of these designated areas, camping is not permitted. This is due to potential health and safety issues associated with “freedom camping” i.e. the need for adequate toilet and rubbish facilities, clean water supply, and safety from unruly activity.

Council bylaws do permit self contained motor homes/camper vans equipped with storage capacity for toilet and grey water waste to use public parking areas for the purpose of temporary accommodation for a maximum of 48 hours. The bylaws do not permit vehicles that are not self contained to use public parking areas for the purpose of temporary accommodation. The bylaws prohibit camping on non-designated within reserves.

Objectives
To provide safe and environmentally responsible areas for public camping, with associated infrastructure and amenities.

Policies

1. With the exception of policy number 2 (below), camping on reserve land shall only occur in designated camping areas.
2. Self-contained motor homes and campervans may use designated parking areas on reserves for a maximum of 48 hours, where this is consistent with the council bylaws. Reserve areas not designated for parking may not be used for this purpose, except with permission of the authorised officer.
3. Within designated camping areas, the council will ensure that adequate support facilities are provided (e.g. amenity and rubbish facilities, picnic tables, etc) relevant to the type of camping experience identified for a reserve in the management plan and consistent with the national Camping Ground Regulations (1985).
4. Where vandalism, theft or other disruptive activity becomes untenable, the council may close down the camping area either permanently or until such time as the problem is resolved.

Other relevant council policies and bylaws

• NPDC Consolidated Bylaws 2000: Public Places (Part 9)
• NPDC Consolidated Bylaws 2000: Recreational and Cultural Facilities (Part 10)Return to top

2.3.16 Animals

Comment/Explanation
Many people own dogs and enjoy taking them for walks in outdoor areas. Council walkways provide a good opportunity for dog owners to give their dogs and themselves exercise in an attractive setting. However dogs in public places can leave messy deposits and be a safety concern if they attack other reserve users or their animals. Left free to wander, dogs may also dig up vegetation, disrupt resident wildlife or destroy nest sites.

People may seek to ride their horses within reserves. Reserves can provide an attractive location for people to ride and keeps them away from traffic. There are safety and aesthetic considerations with having horse trails within areas used by the general public.

People may choose to take other animals with them into public places. This is appropriate where there is no threat to the health and safety of the public or will not diminish the enjoyment of a reserve by the public. The council also leases land that it does not immediately need for public space for grazing.

Council bylaws identify locations and periods during the year when animals are not permitted on reserves. In particular, bylaws prohibit the taking of animals onto any beach where this may result in a nuisance, danger or inconvenience to other users of the beach.

Part 9 of the Consolidated Bylaws prohibits horses from Ngamotu Beach at all times and from East End – Fitzroy Beach and Oakura Beach during the day while daylights savings is in effect. Part 5 of the Consolidated Bylaws lists a number of locations where dogs are either banned or must be on a leash. In addition, the bylaws prohibit the release of animals into reserves without prior permission.

Objectives
To allow for the appropriate presence of animals within reserves.
To ensure that the presence of animals does not diminish the enjoyment or health and safety or the use of reserves by the general public.
To minimise potential for damage to resident fauna in reserves.

Policies

1. Animal owners are responsible for cleaning up after their pets on reserves.
2. Horse trails will be planned so as to avoid conflict with human use of reserves, to the extent possible. Horse owners will be responsible to cleaning up any faeces deposited within a reserve as per the consolidated bylaws (S 7.4 and S 7.5, Part 9).
3. Disposal bins will be provided on reserves that allow dogs and have high amounts of pedestrian traffic e.g. the Coastal Walkway, Te Henui Walkway and Huatoki Walkway.
4. Requests to use reserves for activities that involve animals will be assessed on a case by case basis in consideration of:

• Public health and safety, 
• Direction in existing bylaws and management plans, and
• Potential for conflict with other activities within the reserve.

Other relevant council policies and bylaws

• NPDC Consolidated Bylaws 2000: Dog Control (Part 5)
• NPDC Consolidated Bylaws 2000: Public Places (Part 9)
• NPDC Consolidated Bylaws 2000: Recreational and Cultural Facilities (Part 10)Return to top

2.3.17 Grazing on reserves

Comment/Explanation
There are two situations where grazing occurs on reserve land.

The first is where the council formally leases reserve land for grazing as a temporary management tool to keep the grass down. The other is where grazing occurs on adjoining farmland and stock are able to informally wander into a reserve and graze.

Grazing is a useful management tool on reserves that are not, for the time being, required for the purpose for which they have been classified. Grazing is an economic alternative to mowing that also provides useful land for agricultural use on a time limited basis. At the same time, grazing use must be managed to minimise impacts on reserve values.

Where grazing occurs on an esplanade reserve (coastal or riparian) there is potential for impact to the natural values of the reserve. Grazing also has the potential to damage waahi tapu sites, such as pa sites. Measures may be necessary to prevent or mitigate damage.

Objective
To enable the use of grazing as a management tool on reserves as an interim measure until a reserve is developed for public use.
To ensure that the natural values of esplanade reserves (coastal and riparian) are protected from grazing.
To ensure that sites of cultural heritage value are not damaged by grazing.

Policies

1. Grazing is a temporary measure to manage reserve vegetation until such time as a reserve is developed for public use.
2. The council will take measures to prevent damage to vulnerable coastal and riparian ecosystems in reserves (e.g. dunes, riverbanks) due to formal or informal grazing of esplanade reserves This will be implemented as follows:
   • Progressive retirement of grazing from esplanades (coastal or riparian) through fencing to manage access by stock.
   • Restoration of damaged areas where necessary e.g. through dune replanting.
   • Ensuring that areas are adequately fenced, where necessary.
3. The need for preventative or mitigative measures to protect esplanade vegetation from grazing will be assessed and implemented on a priority basis. This will be done in consultation with Taranaki Regional Council and Coast Care.
4. The council will work with tangata whenua to identify sites that should be protected from grazing. Where a site is identified or a concern is raised about grazing near a waahi tapu site or other site of cultural heritage significance, the following steps will be undertaken:
   • Sites of concern will be entered into the council asset/lease register and onto the grazing lease.
   • A council officer will visit the site with the appropriate mana whenua representative(s) to assess the issue.
   • Where fencing is considered necessary the council will undertake the fencing, consistent with its obligation to protect features of archaeological and historic value under the Reserves Act.
   • Sites no longer grazed will require ongoing maintenance to keep down grass and weeds. In rural areas, the council will leave the site unattended unless weeds threaten to spread to neighbouring pasture. In urban areas, the council will maintain the sites in a tidy and firesafe condition. The area may be grazed occasionally if that will not damage the site.
   • The council will meet with mana whenua at least once a year to visit the site and review the management.
   • The public will continue to be allowed access fenced off sites through the provision of stiles and gates. However, if mana whenua have a concern with public use of the site, trails will not be constructed and signage will inform reserve visitors that the area is of significance to tangata whenua and noting the areas that are not to be walked on.

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2.3.18 Harvesting of vegetation

Comment/Explanation
The council regularly receives requests to allow harvesting of vegetation from reserves for purposes such as weaving, medicines and food. The council seeks to manage harvesting activities on its reserves for health and safety reasons and to ensure that there is no adverse impact on the landscapes that it manages.

Objective
To maintain attractive and healthy landscapes by controlling the harvesting of vegetation from reserve land by the public.

Policies

1. Formal approval of the council is required for the harvesting of vegetation from a reserve, including the removal of flax.
2. Where approval is granted for the harvesting of reserve vegetation, the harvester will ensure that the site is left tidy when completed.

Other relevant council policies and bylaws

• NPDC Consolidated Bylaws 2000: Public Places (Part 9)

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