Reserves Act Hearings Panel

Roto Kohatu Reserve Management Plan

AGENDA

 

 

Notice of Meeting:

A Reserves Act Hearings Panel meeting will be held on:

 

Date:                                    Wednesday 27 July 2022

Time:                                   9am

Venue:                                 Roto Kohatu Reserve Mangement Plan Hearing Committee Room 1, Level 2, Civic Offices,
53 Hereford Street, Christchurch

 

 

Panel

Members

Councillor Aaron Keown

Fendalton-Waimairi-Harewood Community Board Member Mike Wall

Councillor Jimmy Chen

 

 

25 July 2022

 

 

 

 

 

Luke Smeele

Committee and Hearings Advisor

941 6374

Luke.Smeele@ccc.govt.nz

www.ccc.govt.nz

Note:  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/

 


Reserves Act Hearings Panel

27 July 2022

 

 


Reserves Act Hearings Panel

27 July 2022

 

TABLE OF CONTENTS

 

1.        Apologies Ngā Whakapāha................................................................................. 4  

2.        Election of a Chairperson Te Whakatū Poumua...................................................... 4

3.        Declarations of Interest Ngā Whakapuaki Aronga.................................................. 4 

Staff Reports

4.        Roto Kohatu Reserve Management Plan............................................................... 5

5.        Volumes of Submissions................................................................................... 59   

6.        Hearing of Submissions Ngā Tāpaetanga........................................................... 135

7.        Consideration and Deliberation Ngā Whaiwhakaaro me Ngā Taukume o Ngā Kōrero 135

8.        Hearings Panel Recommendations Ngā Tūtohu o Te Tira Tauaki........................... 135

 

 


Reserves Act Hearings Panel

27 July 2022

 

 

1.   Apologies Ngā Whakapāha

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

2.   Election of a Chairperson Te Whakatū Poumua

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

3.   Declarations of Interest Ngā Whakapuaki Aronga

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.


Reserves Act Hearings Panel

27 July 2022

 

 

4.     Roto Kohatu Reserve Management Plan

Reference / Te Tohutoro:

22/693217

Report of / Te Pou Matua:

Antony Shadbolt
Team Leader: Biodiversity
antony.shadbolt@ccc.govt.nz

Philippa Upton
Engagement Advisor
philippa.upton@ccc.govt.nz

General Manager / Pouwhakarae:

Mary Richardson
GM Citizens and Communiy
Mary.Richardson@ccc.govt.nz

 

 

1.   Purpose of the Report Te Pūtake Pūrongo

1.1       The purpose of this report is for the Reserves Act Hearings Panel to: 

1.1.1   Consider the submissions received through the public consultation process and all other relevant information presented on the Draft Reserves Management Plan (Attachment A) for Roto Kohatu Reserve; and

1.1.2   Deliberate and make a recommendation to the Waimāero Fendalton-Waimairi-Harewood Community Board, as the decision-maker, to determine whether the Roto Kohatu Reserve Management Plan should be adopted.  

1.2       This report has been written as a result of:

1.2.1   The Council releasing a Draft Management Plan for consultation; and

1.2.2   A number of submitters on the proposed plan indicating they wish to be heard by a Reserves Act Hearings Panel in support of their submission. 

1.3       The decisions in this report are of medium significance in relation to the Christchurch City Council’s Significance and Engagement Policy. The level of significance was determined by such factors as:

1.3.1   Roto Kohatu Reserve not being a strategic asset but still providing a strong contribution towards the City’s health and wellbeing;

1.3.2   a strong interest from a range of user groups;

1.3.3   the proposal is unlikely to have cost risks to the Council;

1.3.4   any decisions are capable of being reversed; and

1.3.5   the proposal largely clarifies and formalises existing use and agreements. 


 

 

2.   Officer Recommendations Ngā Tūtohu

1.         That the Reserves Act Hearings Panel: recommends that the Fendalton-Waimairi-Harewood Community Board:

2.         Receive and consider the information in the report, the submissions, and all other relevant information received on the proposed Roto Kohatu Reserve Management Plan.

3.         Adopt the Roto Kohatu Reserve Management Plan containing revisions agreed to by the hearings panel at its meeting on 27th July 2022.

 

3.   Reason for Report Recommendations Ngā Take mō te Whakatau

3.1       Staff are confident that the Management Plan reflects the needs of the community, the natural environment, and the Council. The draft management plan (and an associated Development Plan for the reserve) was prepared with extensive input from staff, user groups, and the wider public through a series of meetings, surveys, and workshops between August 2020 and February 2021, and ongoing communication with those groups via the Council’s Have Your Say website.

 

4.   Alternative Options Considered Ētahi atu Kōwhiringa

4.1       An alternative option is to not approve the Management Plan in its current form, but instead request changes prior to approval.

4.2       Note that a management plan for this reserve must be prepared, as it is a requirement of the Reserves Act 1977. Without the plan the Council has very little guidance to effectively manage and develop the reserve.

5.   Detail Te Whakamahuki

          Public Consultation Te Tukanga Kōrerorero

5.1       An early engagement information-gathering process resulted in feedback from more than 30 stakeholders, organisations, user groups, or individuals through a Have Your Say consultation process and direct contact with user groups and key stakeholders including local iwi representatives.

5.2       Feedback from this process and earlier informal consultation informed development of the draft plan in key areas relating to layout and facilities, vegetation and birds, water, and reserve use.

5.3       A parallel consultation process confirmed a change of land classification of two land parcels to confirm all the park as Recreation Reserve.

5.4       Te Ngāi Tūāhuriri Rūnanga gave early feedback followed by comment on the draft plan, responding particularly in relation to biodiversity, ecology including pest fish concerns, and suitable native plantings.

5.5       To meet Reserves Act requirements, consultation on the draft Reserve Management Plan ran on the Council Have Your Say website over a period of two months from 24 January until 28 March 2022. An email was sent to approximately 100 stakeholders, including community organisations and user groups.

5.6       A Newsline article on 22 January was picked up by the Christchurch Press. Consultation was posted on the CCC Facebook page, also inviting a range of likes and comments on five local and wider area Facebook pages.

5.7       Copies of the draft Reserve Management Plan and Development Plan were available in central and local service centres, and letters were sent to approximately 30 adjacent property owners and occupiers letting them know of the draft plan, and how to submit.

5.8       A drop-in session held on site on Tuesday 15 February was attended by approximately 30 members of the public and user groups.

5.9       Additional meetings and phone calls were held with user groups and stakeholders, including adjacent property owners, during the consultation period.

Summary of Submissions Ngā Tāpaetanga

5.10    We received 86 submissions from ten recognised organisations, including six user groups and one business. This included feedback from the Department of Conservation, Environment Canterbury, North Canterbury Fish and Game, Christchurch International Airport Ltd, The Cancer Society, Disabled Persons Assembly, and six user groups.

5.11    The remainder were residents from across the city and wider area, with 36 submitters giving addresses from adjacent or nearby suburbs.  All submissions are provided in the Hearings Panel Agenda.

5.12    We asked for comments on both the draft Reserve Management Plan and the Development Plan. Although most people provided suggestions only, there were a number of positive comments about the proposed future management and development of the reserve, indicating how strongly they valued the lakes and surrounding reserve area.

5.13    One submitter requested we don’t change anything in the reserve.

5.14    Key comments supported:

·    A new entrance at Outlook Place

·    Improvements such as grading of beach to access and use Lake Rua, e.g. swimming, boat/model yacht  launch

·    Development and building of facilities to support aquatic recreation for groups

·    Retaining  natural environment and the general approach to keep built structures to a minimum

·    Additional activities put forward in the plan including more canoe polo courts.


 

5.15    Key suggestions  included requests for:

·   More parking, that is also better defined and managed

·   Facilities that provide sun safety and adequate shading

·   More facilities such as picnic tables and barbecues

·   Improved access including wayfinding, paths, and cycle facilities.

5.16    Key concerns related to the need to manage anti–social behaviour, and there were a range of suggestions about how to manage dog behaviour and access. There were also several requests relating to jet-ski use on Lake Tahi including allocation of space and protection of birdlife. Christchurch Airport raised concerns about managing the risk of bird strike. These have been addressed in the management plan.

5.17    There was a range of feedback about ways to manage timing and allocation of space, including detailed responses and suggestions from user groups. There were also a number of ideas provided about specific activities for the public including families and children.

5.18    These points and further detail are included in the consultation analysis table (Attachment B) and project team response tables (Attachment C).

5.19    In total, 16 amendments have been made to the draft Management Plan and are contained within the track-changed document (Attachment A) and discussed in the project team response table (Attachment C).

5.20    The decision affects the following wards/Community Board areas:

5.20.1 Fendalton-Waimairi-Harewood

6.   Policy Framework Implications Ngā Hīraunga ā- Kaupapa here

Strategic Alignment Te Rautaki Tīaroaro

6.1       This report supports the Council's Long Term Plan (2021 - 2031):

6.1.1   Activity: Parks and Foreshore

·     Level of Service: 6.3.5 Overall customer satisfaction with the recreational opportunities and ecological experiences provided by the City’s Regional Parks. - Regional Parks   resident satisfaction >=80 %.

Policy Consistency Te Whai Kaupapa here

6.2       The decision is consistent with the Council’s Plans and Policies.

Impact on Mana Whenua Ngā Whai Take Mana Whenua

6.3       Staff engaged with Tangata Whenua as project partners via Mahaanui Kurataiao Ltd during pre-engagement. Feedback was that the matter does not involve a significant decision in relation to ancestral land or a body of water or other elements of intrinsic value, therefore this decision does not specifically impact Mana Whenua, their culture and traditions.

6.4       Mahaanui Kurataiao Ltd submitted feedback on the draft Management Plan on behalf of Te Ngāi Tūāhuriri Rūnanga. Their feedback was focussed on four elements: 1) inclusion of Māori design elements in interpretation signage, 2) eco-sourcing of native plant species, 3) accidental discovery protocols, and 4) potential contamination from the closed landfill. Subsequent communication with Mahaanui Kurataiao Ltd also highlighted pest management requirements of the Mahaanui Iwi Management Plan. Staff responses and recommendations related to these points are included in Attachment C (Project Team Response Tables).

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

6.5       The Management Plan (and associated Development Plan) encourages tree and shrub-land planting which will support an increase in city-wide canopy coverage and reduction in mowing to help mitigate climate change.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

6.6       The Management Plan (and associated Development Plan) supports improved access to Roto Kohatu Reserve for people of all abilities, with the inclusion of specific policies to guide this in the Management Plan.

7.   Resource Implications Ngā Hīraunga Rauemi Capex/Opex / Ngā Utu Whakahaere

7.1       An approved Management Plan will guide day to day management of the reserve. Capital development will need to be consistent with this plan. Some development funding is available in CPMS 65241. Further funding to implement the Development Plan will be sought through LTP processes once the Management Plan and Development Plan are approved.

Other / He mea anō

7.2       None

8.   Legal Implications Ngā Hīraunga ā-Ture

Statutory power to undertake proposals in the report / Te Manatū Whakahaere Kaupapa

8.1       The process of preparing, advertising, and finalising the Management Plan has been completed in accordance with the Reserves Act 1977. Community Boards have the delegation to adopt reserve management plans (excluding the hearing and determining of submissions/objections) and to approve landscape plans for parks.

Other Legal Implications / Ētahi atu Hīraunga-ā-Ture

8.2       Not applicable

9.   Risk Management Implications Ngā Hīraunga Tūraru

9.1       Not applicable

 

 

Attachments / Ngā Tāpirihanga

No.

Title

Page

a

Attachment A - Track Changed Management Plan

11

b

Attachment B - Consultation Analysis Table

48

c

Attachment C - Project Team Response to Submissions

49

 

 

In addition to the attached documents, the following background information is available:

Document Name

Location / File Link

Not Applicable

Not Applicable

 

 

 

Confirmation of Statutory Compliance / Te Whakatūturutanga ā-Ture

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 / Ngā Kaiwaitohu

Authors

Antony Shadbolt - Team Leader Biodiversity

Philippa Upton - Engagement Advisor

Approved By

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizens & Community

  


Reserves Act Hearings Panel

27 July 2022

 






































Reserves Act Hearings Panel

27 July 2022

 


Reserves Act Hearings Panel

27 July 2022

 










Reserves Act Hearings Panel

27 July 2022

 

 

5.     Volumes of Submissions

Reference / Te Tohutoro:

22/880774

Report of / Te Pou Matua:

Luke Smeele, Hearings and Committee Advisor,luke.smeele@ccc.govt.nz

General Manager / Pouwhakarae:

Mary Richardson, General Manager Citizens and Community 

 

 

1.   Purpose Te Pūtake Pūrongo 

1.1       The purpose of this report is to provide the Reserves Hearings Panel with:

1.1.1      All submissions received on the Roto Kohatu Reserve Management Plan

1.1.2      A schedule of submitters who wish to speak to their submission during the hearings.

1.2       Attachment A contains a schedule of submitters who will speak to their submission or no longer wish to be heard during the hearings.

1.3       Attachment B contains the submissions from the submitters who wished to be heard.

1.4       Attachment C contains a table of submitters who do not wish to be heard. Also included (in corresponding order) is a table with their submissions.

1.5       Note, that the Local Government Act 2002 requires, as one of the principles of consultation, that “the views presented to the local authority should be received by the local authority with an open mind and should be given by the local authority, in making a decision, due consideration” (section 82(1)(e)).

 

2.   Officer Recommendations Ngā Tūtohu

That the Reserves Act Hearings Panel:

1.         Accepts the written submissions, including any late submissions, received on the Roto Kohatu Reserve Management Plan

 

Attachments Ngā Tāpirihanga

No.

Title

Page

a

Schedule of Submitters to be Heard

60

b

Submissions from the submitters who wish to be heard and no longer wish to be heard

63

c

Table of submitters who do not wish to be heard and their submissions

96

 

 


Reserves Act Hearings Panel

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Reserves Act Hearings Panel

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6.      Hearing of Submissions Ngā Tāpaetanga

 

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.      Consideration and Deliberations Ngā Whaiwhakaaro me Ngā Taukume o Ngā Kōrero

 

At the conclusion of submitters being heard, the Hearings Panel will consider all submissions received on the proposal, and any additional information provided by submitters and Council Officers.

The Hearings Panel will then deliberate on the proposal.

 

8.      Hearings Panel Recommendations Ngā Tūtohu o Te Tira Tauaki

 

At the conclusion of deliberations the Hearings Panel will make a recommendation on the Roto Kohatu Reserve Management Plan to the Waimāero Fendalton-Waimairi-Harewood Community Board