Misty Peaks and Te Oka Draft Reserve Management Plans Hearings Panel

Agenda

 

 

Notice of Meeting:

A Hearings Panel meeting will be held on:

 

Date:                                    Monday 11 March 2019

Time:                                   10.30am

Venue:                                 Wainui Community Hall, 3 Wainui Valley Road, Wainui, Banks Peninsula

 

 

Panel

Members

Deputy Mayor Andrew Turner

Councillor Yani Johanson

Community Board Member Tori Peden

 

 

27 February 2019

 

 

 

 

 

Liz Ryley

Committee Advisor

941 8153

liz.ryley@ccc.govt.nz

www.ccc.govt.nzNote:  The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until adopted.  If you require further information relating to any reports, please contact the person named on the report.
To view copies of Agendas and Minutes, visit:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Hearings Panel

11 March 2019

 

 


Hearings Panel

11 March 2019

 

TABLE OF CONTENTS

 

1.        Apologies......................................................................................................... 5  

2.        Election of a Chairperson.................................................................................... 5

3.        Declarations of Interest...................................................................................... 5 

Staff Reports

4.        Submissions on Misty Peaks Reserve and Te Oka Reserve Draft Management Plans...... 7

5.        Volumes of Submissions.................................................................................. 225   

6.        Hearing of Submissions................................................................................... 387

7.        Hearing Panel Consideration and Deliberation.................................................... 387 

 

 

 


Hearings Panel

11 March 2019

 

 

1.   Apologies

At the close of the agenda no apologies had been received.

2.   Election of a Chairperson

         At the start of the meeting a Chairperson will be elected.

3.   Declarations of Interest

Members are reminded of the need to be vigilant and to stand aside from decision making when a conflict arises between their role as an elected representative and any private or other external interest they might have.

  


Hearings Panel

11 March 2019

 

 

4.        Submissions on Misty Peaks Reserve and Te Oka Reserve Draft Management Plans

Reference:

19/138707

Presenter(s):

Derek Roozen, Parks Planner

 

 

1.   Purpose and Origin of Report

Purpose of Report

1.1       This report and attachments provide an overview of the submissions received during the public consultation on the draft management plans for Misty Peaks Reserve and Te Oka Reserve.

1.2       The report and attachments are for the Misty Peaks Reserve and Te Oka Reserve Draft Management Plans Hearings Panel (“Hearings Panel”) to consider and make determinations and recommendations on. 

Origin of Report

1.3       This report is staff generated.

1.4       The report and attachments are required to inform the Hearings Panel of the submission response upon the public notification of the draft reserve management plans.

1.5       Each of the two draft reserve management plans is specific and unique to the park it addresses, and the statutory planning process required for each is independent of the other.  However, the processes for consultation, reporting and hearing of submissions have been undertaken simultaneously for reasons of efficiency.

2.   Statutory Framework

Legislation

2.1       The Christchurch City Council administers and manages Misty Peaks Reserve and Te Oka Reserve in accordance with the Reserves Act 1977 (“Reserves Act”) as the parks are made up of scenic and recreation reserves subject to this Act, respectively.

Reserves Act 1977

2.2       The draft reserve management plans (for Misty Peaks Reserve refer to Attachment A and for Te Oka Reserve refer to Attachment B) were publicly consulted on in accordance with the process as set out in Section 41(6) of the Reserves Act.

2.3       The hearing convenes, for consideration of the submissions received, independently but contemporaneously for the submissions specific to each draft reserve management plan.  In effect, two hearings are being held in parallel.  The reason for this is because the total numbers of submitters wishing to be heard in support of their submission does not warrant separate hearings being held on separate dates and at separate venues.  The chosen venue (Wainui Community Hall) serves, to an extent, to be middle ground between the two communities (Akaroa and Little River) containing the parks.

3.   Consultation

3.1       Public consultation on the draft reserve management plans was approved by the Banks Peninsula Community Board on 15 October 2018.

3.2       Public consultation commenced on 17 October 2018.  Written submissions or objections were invited to be submitted by the public up until 18 December 2018.

3.3       Notification was made in The Press, Akaroa Mail and the Bay Harbour News.  A consultation page for each park was set up on the Council’s online Have Your Say pages, including links to the draft reserve management plan for each park and a consultation leaflet prepared for each.  Hard copies of the consultation leaflets were distributed and those on a stakeholder list were directly contacted by email or mail.

3.4       The consultation documents and copies of the draft reserve management plans were made available at the Akaroa Library, Little River Service Centre and at the Civic Offices in Christchurch.

3.5       A poster and leaflet holder were placed on corflute stand-alone signs positioned at key localities for each of the two parks.

3.6       Submitters were invited to indicate if they supported or did not support the draft plans, and if they wished to be heard in support of their written submission. 

3.7       A public drop-in information session was held at the Little River Service Centre on Tuesday 6 November 2018, from 4pm to 6pm, and another at the Akaroa Farmers Market, from 10am to 12Noon on Saturday 24 November 2018, for people to talk to Council officers in person about the draft reserve management plans.  The Little River session was visited by ten local landowners/farmers, residents and business owners.  During the Akaroa session, approximately 30 people stopped and talked to Council officers, and about half of these were local residents and/or property owners.

3.8       Key topics/views that were discussions at the session in Little River include (largely to do with Te Oka Reserve):

·    Fire risk, boundary fences and definition, pest plant and animal pest control are considered to be key issues for adjacent property owners.  Is concern that gorse has been well managed but possibly starting to creep back.  Possums are an ongoing issue.

·    Need to manage and, where relevant, improve management and or control of rubbish and provision of public access to the beaches and the park, including dealing with/providing facilities such as toilets, car parking, and camping and track maintenance/extension.

·    Signage seen as important for issues such as dog and fire control on the beaches, as well as for track identification and rubbish management.

·    Suggestions for inflatable dinghy and other improvements for access to the beach but concerns that camping should not be encouraged because of associated issues.

·    Roading improvements agreed to be a separate issue to be passed on to the relevant part of the Council.  Feedback so far is mixed regarding benefits of improved access versus protecting the semi- remote nature of the park.  That there is currently only three gradings a year and wash-boarding of the roads is an issue for residents.

·    Council officers advise that the rūnanga has been involved through the early draft reserve management plan preparation stages through Mahaanui Kurataiao Ltd, which produced cultural values reports for Council officers to utilise in the preparation of the draft reserve management plans.  There was acknowledgement that there are more common values than differences in approach between iwi and the Council.

·    It was asked - is the remote and natural aspect of the park going to be protected while acknowledging the need to recognise and manage future public use as well as ongoing farming practices?

3.9       Key things raised by visitors during the more “information stand” session at the Akaroa market include:

·    Support for ecological protection of flora and fauna.

·    Need for an effective predator control programme.

·    Concern that the draft reserve management plans will mean there may be more development of the parks.

·    Some infrastructure seen as appropriate but remoteness is important.

·    It is hard to find out in Akaroa where the tracks are, and where they are once in the (Misty Peaks Reserve) park.

·    Support for providing, defining and improving tracks.

4.   Submission response

4.1       24 written submissions were received on the draft Misty Peaks Reserve Management Plan.  A range of submission topics were covered but the most occurring topics (albeit constituting only just over 25% of the total number of submission comments) were on access, especially around the potential for walking and mountain bike tracks in the park, and pest plant control.  Six submitters to this draft reserve management plan have indicated they wish to be heard in support of their written submission.

4.2       22 written submissions were received on the draft Te Oka Reserve Management Plan; however, one submitter provided two similar submissions so one is not used, thereby making a total of 21 confirmed submissions.  As with the draft Misty Peaks Reserve Management Plan, a range of submission topics were covered but the most frequently occurring topic (again making up just a relatively small count of submission comments – just under 20% of the total number) was on access, particularly around non-motorised access and recreational activities.  Four submitters to this draft reserve management plan have indicated they wish to be heard in support of their written submission.

4.3       A few of the submissions were relatively large and detailed compared with the rest, with more than one of the submitters making separate submissions on each draft reserve management plan.  These larger ones are mostly submissions on behalf of an organisation.  This means that a significant proportion of the submission response is from less than five submitters, albeit these being organisations.  They are also largely the ones wishing to be heard in support of their written submission.

4.4       The submitter response to the request to indicate support or otherwise for the draft reserve management plans is given in the following table.

Option

Draft Misty Peaks Reserve Management Plan

Draft Te Oka Reserve Management Plan

support

16 (67%)

18 (85%)

do not support

3 (12%)

1 (5%)

no selection

5 (21%)

2 (10%)

TOTAL NUMBER OF SUBMISSIONS

24 (100%)

21 (100%)

 

4.5       The majority of the submissions included written comments, although some of these were quite brief.  A number of topics have been covered.  The main topics, in terms of the number of submission comment for each, are given in order from most to less in number below for each draft reserve management plan.  (NOTE: Due to the relatively low numbers of comments for each topic and overlap of comment topics, it is considered not practical to provide actual numbers).

DRAFT MISTY PEAKS RESERVE MANAGEMENT PLAN

Topic 1: Tracks / Recreational access

4.6       Generally, there is support for development of walking and mountain bike tracks in the park and connection with those existing in the adjacent/wider area.  This topic received the highest number of submission comments of any of the topics but this was still only just around 15% of the total number of submission comments received.

Topic 2: Pest plants

4.7       Identification that pest plants are an issue and that control is needed but differing views as to how to address them.

Topic 3: Fire

4.8       Note of the risk of fire for the park.

Topic 4: Grazing

4.9       As with pest plants, differing views around stock grazing in the park moving forward.

Topic 5: Animal pests

4.10    Support control of these.

Topic 6: Native plants

4.11    A little support for native planting but not much.

Topic 7: Work in with the neighbours

4.12    A bit of stated support for management of the park in co-operation with the neighbours (farmers, open space managers, organisations).

Topic 8: Other

4.13    Other topics that received just one or two comments each include:

·    road safety

·    support for acquiring carbon credits from the park

·    suggestion for using the park to discharge Akaroa wastewater

·    need for toilets

·    support for minimal presence of buildings (but suggestion for ridgeline day shelter)

·    comment on peak and watercourse naming

·    allow dogs

·    translocate indigenous fauna into the park

·    manage the park through a reserve management committee

·    not support formal occupations by commercial organisations

·    conduct an ecological survey of the park

·    support public involvement through volunteering

DRAFT TE OKA RESERVE MANAGEMENT PLAN

Topic 1: Tracks / Recreational access

4.14    Support for non-motorised access and recreational activities in the park, with walking, mountain biking and horse-riding specified, this being the topic with the greatest number of submission comments received (albeit just under 20% of the total number received).  This support was qualified with the suggestion to keep each activity on separate tracks, and to minimise overuse impacts, particularly of mountain biking.  At least one submission comment referred to the need to upgrade the main public road access.

Topic 2: Pest plants

4.15    Reference to the need to control these, in particular the pine plantation and wilding pines.

Topic 3: Animal pests

4.16    Highlight that predators are having an impact on the biodiversity.

Topic 4: Work in with the neighbours

4.17    Support for management of the park in co-operation with the “neighbours” (farmers, open space managers, organisations, rūnanga), in particular for working with Wairewa Rūnanga to restore Te Kaio/Tumbledown Bay vegetation and enhance the areas of inanga spawning in the stream there.

Topic 5: Limitations of the draft plan

4.18    More than one submitter was of the view that the draft reserve management plan is not adequate, and needs to address issues, such as car parking, road access and toilets and ablution facilities in Tumbledown Bay, that apply outside the park (and on private land).

Topic 6: Grazing

4.19    View that stock grazing should ultimately be removed but still a rider by at least one submitter who says that there is a need to carefully phase retirement from grazing, with benefit for biodiversity and recreation being treated as the prime objective.

Topic 7: Management

4.20    Support for an on-site manager.

Topic 8: Accommodation

4.21    Suggestion for Te Oka Reserve to ultimately be part of the Southern Bays Te Ara Pātaka tramping network, including with provision of overnight accommodation.

Topic 9: Commercial occupations

4.22    Not support formal occupations by commercial organisations, nor for any charging for public use of the park and its facilities.

Topic 10: Ecological survey

4.23    Support for an ecological survey of the park to be conducted due to the presence of nationally at-risk species in the park, and the need to analyse the biodiversity and recreational potential of the park.

Topic 11: Other

4.24    Other topics that received just one or two comments each include:

·    support for acquiring carbon credits from the park

·    one supports native re-planting; another says let them self-plant

·    no dogs except working ones, or on a lead and under control

·    translocate indigenous fauna into the park, with a specific suggestion to re-establish a seabird-based ecosystem on the headlands of the park with a predator fenced area

·    support for minimal numbers of buildings in the park

·    manage the park through a reserve management committee

·    support public involvement through volunteering

·    have Te Oka and Tumbledown bays’ seafood gathering done via engine-free means only

5.   Submission analysis

5.1       The full content of each of the submissions is included in an electronic table file for each of the draft reserve management plan responses.  Council officer suggestions in response to each submission comment made is included alongside that comment.

5.2       The submission analysis of the submissions received on the draft Misty Peaks Reserve Management Plan is included in the Misty Peaks Reserve submission analysis document (Attachment C).

5.3       The submission analysis of the submissions received on the draft Te Oka Reserve Management Plan is included in the Te Oka Reserve submission analysis document (Attachment D).

5.4       Electronic files of the full submissions for each draft reserve management plan have been made available for the Hearings Panel’s reference.

6.   Hearing and decision-making process

6.1       The Hearings Panel has the delegated authority to consider the written and oral submissions (as well as the draft reserve management plans and the submissions analysis documents, which are provided in Attachments A, B, C and D, respectively), make determinations and then recommend on the draft Misty Peaks Reserve Management Plan and the draft Te Oka Reserve Management Plan to the Banks Peninsula Community Board (“Community Board”).

6.2       The Community Board has been delegated by the Council the power to consider the recommendations of the Hearings Panel, and to make the final decisions for the Council on the draft reserve management plans.

 

Attachments

No.

Title

Page

a

Attachment A_ Draft Misty Peaks Reserve Management Plan 2018

13

b

Attachment B_ Draft Te Oka Reserve Management Plan 2018

54

c

Attachment C_ Misty Peaks Reserve submissions analysis

95

d

Attachment D_ Te Oka Reserve submissions analysis

184

 

 

Signatories

Author

Derek Roozen - Senior Network Planner Parks

Approved By

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizen and Community

  


Hearings Panel

11 March 2019

 

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11 March 2019

 

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Hearings Panel

11 March 2019

 

 

5.     Volumes of Submissions

Reference:

19/200231

Presenter(s):

Liz Ryley, Committee Advisor

 

 

1.   Purpose of Report

1.1       The purpose of this report is to collate for the consideration of the Hearings Panel the submissions received in response to the consultation on the Misty Peaks Reserve and Te Oka Reserve Draft Management Plans.

2.   Executive Summary

2.1       A volume of submissions received from submitters who have asked to be heard in person by the Hearings Panel and are scheduled to be heard at the meeting is appended as Attachment A.

2.2       Volumes of submissions received from submitters who have not asked to be heard in person for Misty Peaks Reserve and Te Oka Draft Management Plans are appended as Attachments B and C.

 

3.   Staff Recommendations

It is recommended that the Hearings Panel:

1.         Accept the written submissions included in the volumes of submissions.

 

 

 

 

Attachments

No.

Title

Page

a

Volume of Submissions - To Be Heard - Misty Peaks and Te Oka Reserves

227

b

Volume of Submissions - Not Heard - Misty Peaks

287

c

Volume of Submissions - Not Heard - Te Oka Reserve

343

 

 

Confirmation of Statutory Compliance

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains:

(i)  sufficient information about all reasonably practicable options identified and assessed in terms of their advantages and disadvantages; and

(ii) adequate consideration of the views and preferences of affected and interested persons bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

 

Signatories

Author

Liz Ryley - Committee Advisor

Approved By

Liz Ryley - Committee Advisor

  


Hearings Panel

11 March 2019

 

 

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Hearings Panel

11 March 2019

 

 

6.      Hearing of Submissions

 

Submitters who indicated that they wished to be heard in person will present to the Hearings Panel.  A schedule of presenters can be found at the beginning of the volume of “Heard Submissions”.

 

 

 

7.      Hearings Panel Consideration and Deliberation