Rātū 11 Haratua 2021 Tuesday 11 May 2021

Te Huinga Taumatua agenda (11 May 2021) - Agenda

TE HUINGA TAUMATUA MEETING AGENDA

hei 1pm

COUNCIL CHAMBER LIARDET STREET, NEW PLYMOUTH

Co Chairperson: Cr Gordon Brown Co Chairperson: Mr Howie Tamati (Te Kotahitanga o Te Atiawa Trust) Members: Cr Dinnie Moeahu Cr Anneka Carlson Cr David Bublitz Mayor Neil Holdom Ms Patricia O’Carroll (Te Rūnanga o Ngāti Tama Trust) Ms Jacqui King (Te Kāhui o Taranaki Trust) Ms Tamzyn Pue (Te Rūnanga o Ngāti Maru Trust) Mr Brent Matuku (Te Rūnanga o Ngāti Mutunga)

1 Te Huinga Taumatua agenda (11 May 2021) - Agenda

COMMITTEE PURPOSE

Purpose of Local Government The reports contained in this agenda address the requirements of the Local Government Act 2002 in relation to decision making. Unless otherwise stated, the recommended option outlined in each report meets the purpose of local government and:

 Promote the social, economic, environmental, and cultural well-being of communities in the present and for the future.

 Would not alter significantly the intended level of service provision for any significant activity undertaken by or on behalf of the Council, or transfer the ownership or control of a strategic asset to or from the Council.

END

2 Te Huinga Taumatua agenda (11 May 2021) - Health and Safety

Health and Safety Message

In the event of an emergency, please follow the instructions of Council staff.

Please exit through the main entrance.

Once you reach the footpath please turn right and walk towards Pukekura Park, congregating outside the Spark building. Please do not block the foothpath for other users.

Staff will guide you to an alternative route if necessary.

If there is an earthquake – drop, cover and hold where possible. Please be mindful of the glass overhead.

Please remain where you are until further instruction is given.

3 Te Huinga Taumatua agenda (11 May 2021) - Apologies

APOLOGIES

 Brent Matuku (Te Rūnanga o Ngāti Mutunga)

4 Te Huinga Taumatua agenda (11 May 2021) - Deputations

ADDRESSING THE MEETING Requests for public forum and deputations need to be made at least one day prior to the meeting. The Chairperson has authority to approve or decline public comments and deputations in line with the standing order requirements.

PUBLIC FORUM Public Forums enable members of the public to bring matters to the attention of the committee which are not contained on the meeting agenda. The matters must relate to the meeting’s terms of reference. Speakers can speak for up to 5 minutes, with no more than two speakers on behalf of one organisation.

 None advised

DEPUTATIONS Deputations enable a person, group or organisation to speak to the meeting on matters contained on the agenda. An individual speaker can speak for up to 10 minutes. Where there are multiple speakers for one organisation, a total time limit of 15 minutes, for the entire deputation, applies.

 None advised

5 Te Huinga Taumatua agenda (11 May 2021) - Previous Minutes

PREVIOUS COMMITTEE MINUTES Recommendation That the minutes of Te Huinga Taumatua Committee (16 February 2021), and the proceedings of the said meeting, as previously circulated, be taken as read and confirmed as a true and correct record.

END

6 Te Huinga Taumatua agenda (11 May 2021) - Table of Contents

REPORTS

ITEMS FOR DECISION BY COMMITTEE

1 Road Naming – Marfell Development

2 Right-of-Way Naming – Mahea Totara Way

3 Right-of-Way Naming – Ponga Place

4 Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

ITEMS FOR RECOMMENDATION BY COMMITTEE

5 Approval to Dispose of Small Parcel of Land in Waitara

END

7 1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

KĀINGA ORA DISCOVERY DEVELOPMENT AT MARFELL - NAMING OF ROADS AND RESERVE

MATTER

1. The matter for consideration by the Council is the naming of roads and reserves within the Kāinga Ora Discovery Development at Marfell.

RECOMMENDATION FOR CONSIDERATION That, having considered all matters raised in the report, the following names be approved and the General Manager Planning and Infrastructure allocate street numbers where appropriate to the properties fronting the roads and reserve: a) Roads:

i) Pukeori ii) Manawa Ora iii) Te Ara Tinᾱ iv) Te Ara Toka b) Reserves

i) Hikitia ii) Hapaingia

COMPLIANCE

Significance This matter is assessed as being of some importance.

This report identifies and assesses the following reasonably practicable options for addressing the matter:

Options 1. Approve the recommended names

2. Recommend alternative names for the roads or reserve

The persons who are affected by or interested in this matter Affected persons are identified in the P18-005 Road Naming and Numbering Policy. Recommendation This report recommends Option 1 for addressing the matter. Long-Term Plan / Annual Plan No Implications

8 1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

COMPLIANCE Significant Policy and Plan No Inconsistencies

EXECUTIVE SUMMARY

2. This report recommends the Council approve the road names of Pukeori, Manawa Ora, Te Ara Tinᾱ, and Te Ara Toka, and reserve names Hapaingia and Hikitia. The proposed names are consistent with the approach for road naming as set out in P18-005 Road Naming and Numbering Policy and with NZ Standard AS/NZS4819:2011. Once the Council has approved the name, street numbers will be applied to the properties served by the road.

3. The recommended road and reserve names reflect the views of tangata whenua. Ngᾱti Te Whiti has recommended the proposed names.

BACKGROUND

Legislation

4. Council’s general powers in relation to roads, including road naming, are set out in Section 319 of the Local Government Act 1974. Section 319(j) provides the power “to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road”.

5. The Act does not specify any process to be followed in identifying and allocating road names and no consultation with, or input from, any party is required.

6. Section 319A provides that where the Council names a road for the first time, or alters the name of a road, the Council must, as soon as practicable, send a copy of the resolution to Land Information New Zealand (LINZ).

7. Section 319B relates to the allocation of property numbers and provides that “for electoral, postal and other purposes” the Council may allocate street numbers and requires the Council to advise LINZ of the numbers it has allocated. Where a property number is unacceptable such as where it does not comply with the ‘Addressing Standard’, LINZ may require the Council to change the number.

8. LINZ validates the road name and property numbers and updates the official national record.

9 1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

9. LINZ makes the official address information that it holds available in several forms. Data resellers, in particular, take this data and tailor it for end-users such as the emergency services, businesses, and local government and central government agencies.

Council Policy

10. Council adopted P18-005 Road Naming and Numbering Policy in October 2018. A copy of the policy can be found on the Council’s website. https://www.newplymouthnz.com/Council/Council-Documents/Policies/Road- Naming-and-Numbering-Policy.

11. The Policy provides for the same provisions and processes for the naming of roads and private ways (rights-of-ways) with six or more primary address sites, or the potential to develop six or more address sites.1

12. The Policy sets out processes to identify and inform affected and interested parties, Council facilitating engagement between iwi/hāpu and developer and interested parties, reflecting LINZ’s new requirements, ensuring cultural appropriateness and identifying overseas military history and use of RSA poppy image.

SIGNIFICANCE AND ENGAGEMENT

13. In accordance with the Council’s Significance and Engagement Policy, this matter has been assessed as being of some importance, as the area is of cultural and historical significance to both tangata whenua and the local community.

14. Road naming can contribute to a sense of connection, place and belonging. Road naming can be a contributing factor to strengthening a sense of community between residents, tangata whenua and local communities across the New Plymouth District.

15. Ngᾱti Te Whiti hapu has been consulted on the naming of the roads and reserves and the names proposed are the names recommended by Ngᾱti Te Whiti.

ROAD NAME RECOMMENDATIONS

16. The following section provides information regarding the names recommended for approval. This information has been provided by Ngati Te Whiti. Ngāti Te Whiti are the Te Atiawa hapū with mana whenua over the application site.2

1 Clause 9 Policy P18-005 2 Request for naming/renaming of a Road Sub18/47178 & Luc1/47388, Attachment 1

10 1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

17. In conjunction with Marfell Community School, the applicant, Kāinga Ora, has proposed the following names:

18. Pukeori Street - proposed road name for the new road linking the top of the site to Cook Street. Reference to Pukeori Pā near Ross Place/ Sheldon Crescent. Banks Street and Discovery Place will remain.

19. Te Mana or Emma Mana Lane - to honour Aunty Emma Mana who has passed away, she was behind the push to bring Kura reo into Marfell Community School and was also kuia of the school. There is an existing Mana Road in Ratapiko.

20. Sister Theresa Lane - to honour Sister Theresa Casey who lived and worked tirelessly for tamariki in Marfell, alongside St Joseph's Parish and received a Citizens’ Award recognition in 1998.

21. Pulotu Lane - to honour Nelson Pulotu former community constable in Marfell, who gave his time and energy to support whānau in Marfell and was very popular and respected by the community. Or, Tucker Lane - to honour Ray Tucker who continues to work tirelessly for the community, particularly at Marfell Community School every day helping make breakfasts for tamariki and voluntarily instructing the computers in schools programmes in Marfell and Waitara.

22. Ngāti Te Whiti has taken the values of those people above, tautoko, aroha, manaaki, kotahitanga, harikoa, encouraging, etc and also the values of the kaupapa and Kāinga Ora (first home buyers, whānau, homes for life) the gift of the Kāinga Ora name, ‘Kāinga’ is about a home, rather than a whare (house); ‘Ora’ is about well-being; Kāinga Ora means: wellbeing through places and communities (https://kaingaora.govt.nz/about-us/who-we-are/), to apply through the development.

23. Two new playgrounds proposed at either end of the development are identified as no.4 (a pocket park) and no.5 (a 'kick-a-ball' park). Those two reserves are connected by a single lane, two other lanes are proposed off that main lane. When considering what parks and playgrounds provide for tamariki (bring joy, lift their spirits, fitness, health, wellbeing, happiness) and the values of Aunty Emma, Sister Theresa, Constable Pulotu, Mr Tucker and Kāinga Ora, these are all an expression of hikitia and hapaingia (to lift up, raise up, take up, elevate). Hikitia and hapaingia are also a way of recognising, celebrating, lifting the achievements of the contribution of Aunty Emma, Sister Theresa, Constable Pulotu and Mr Tucker in a single concept. Hikitia and hapaingia are also functional concepts - children enjoying the parks, lifting their spirits and physically lifting each other.

11 1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

24. The lane connecting the two reserves spaces is considered to be the heart of the papakāinga. Taking the value of 'aroha' expressed by those four people previously mentioned and the lane's connection as the heart and giving life to the papakāinga, ‘Manawa Ora’ is a concept which captures this. ‘Manawa ora’ on its own can be described as the 'breath of life'; however, it’s necessary to hold on to the life-giving essence to the place - these are terms which enhance its mana.

25. The karakia in Appendix 2 is one stanza of a much larger body of content. Ngāti Te Whiti say it is a narrative that is recited to acknowledge genealogy, connecting the intangible to the physical world, in this context it connects people to place. To ensure manawa ora is retained/provided/enhanced, you must hold tightly (kia tīnā), hold firmly (kia whēnā), be resolute (kia toka), remain steadfast (to life) (te manawa ora). These are all values Ngāti Te Whiti says were/are expressed by Aunty Emma, Sister Theresa, Constable Pulotu and Mr Tucker.

26. Reserve name recommendations by Ngāti Te Whiti:

a) Hikitia Park.

b) Hapaingia Park.

27. Road name recommendations by Ngāti Te Whiti:

a) Pukeori Street - though Pukeori Pā is not in close proximity to the application site (close to what is now Ross Place/Sheldon Crescent), opportunity to return the pā name to the whenua.

b) Manawa Ora Lane - proposed name for the lane connecting the two reserves.

c) Te Ara Tīnā - proposed name for one of the lanes off Manawa Ora Lane.

d) Te Ara Toka - proposed name for one of the lanes off Manawa Ora Lane.

28. Ngāti Te Whiti considers the abovementioned recommended road names are consistent with New Plymouth District Council Road Naming Criteria i. a), b), c) and d) as listed in Appendix 1 to be consistent with Road Naming Criteria ii. a) – s).

27. Ngāti Te Whiti considers the abovementioned recommended reserve names are consistent with the Council naming of reserves under the policies in Section 2.2.5 of the New Plymouth District Council General Policies for Council Administered Reserves. The official process for Council naming the reserves is set out in section 16(10) of the Reserves Act 1977.

12 1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

29. It must be noted that the Reserve names must be provided for to give the roadnames their context.

30. Ngāti Te Whiti are minded to support those names recommended by Kāinga Ora (which in the view of Ngāti Te Whiti would be inconsistent with the policy), they should encapsulate the person’s entire name to ensure full respect to that person.

Compliance with policy requirements

31. The names of roads and reserve complies with the P18-005 Road Naming and Numbering Policy District specific criteria i. a), b), c) and d).

32. The property does not adjoin land included as a Statutory Acknowledgement Area under the Taranaki Iwi Claims Settlement Act 2016.

33. LINZ has confirmed the appropriateness of using these names in the area.

Compliance with policy requirements

34. These names comply with the P18-005 Road Naming and Numbering Policy District specific criteria in that it is a site, area or distinctive or significant geographic feature, landscape, flora or fauna unique or characteristic to the area. (Appendix 1(1A)(i)(d) refers).

35. The property does not adjoin land included as a Statutory Acknowledgement Area under the Taranaki Iwi Claims Settlement Act 2016.

36. LINZ has confirmed the appropriateness of using these names in the area.

OPTIONS

37. There are two reasonably practicable options:

Option 1 Allow the road and reserve names and numbering of properties to be allocated to meet legislative requirements. The road name aligns with the criteria set out in the road naming and numbering policy.

Option 2 Decline the recommended names and recommend alternative names for the road. Further engagement with tangata whenua and the developer would be recommended before a final decision is made.

The following assessment covers both options.

13 1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

Financial and Resourcing Implications

38. Officers do not expect any financial or resourcing implications. Installation of new road and right-of-way names is a financial undertaking by the developer and no costs fall on the Council.

Risk Analysis

39. There are no risks anticipated by approval of the road name and allocation of property numbering.

Promotion or Achievement of Community Outcomes

40. The proposed names fulfil the criteria of Council’s Road Naming and Numbering Policy P18-005 which puts in place processes to identify and inform affected and interested parties, Council facilitation engagement between iwi/hāpu and developer and interested parties.

Statutory Responsibilities

41. This option allows road and reserve names and numbering of properties to be allocated to meet legislative requirements. The right-of-way name aligns with the criteria set out in the NPDC P18-005 Road Naming and Numbering Policy.

Consistency with Policies and Plans

42. The recommended name is consistent with NPDC P18-005 Road Naming and Numbering Policy. https://www.newplymouthnz.com/Council/Council-Documents/Policies/Road- Naming-and-Numbering-Policy

Participation by Māori

43. The outcomes contribute to Council’s obligations regarding developing capacity and providing opportunity for Māori to participate in Council decision making. Ngᾱti Te Whiti has recommended the proposed names.

Community Views and Preferences

44. The recommended road and reserve names reflect the views of tangata whenua. These recommended names have been referred back to Kāinga Ora which has provided its full support. In addition Kāinga Ora has advised new structures should sit with Te Atiawa and Ngāti Te Whiti as mana whenua. Pukeori was one of the suggestions made by the School and is acceptable to all parties.

14 1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

Advantages and Disadvantages

45. The P18-005 Road Naming and Numbering Policy has assessed the advantages and disadvantages in relation to naming of roads.

Recommended Option This report recommends Option 1 to approve the recommended names for addressing the matter.

APPENDICES

Appendix 1 Marfell development Proposed road and reserve names (ECM8508011)

Appendix 2 He Karakia (ECM8508410)

Report Details Prepared By: Rowan Williams (Planning Lead) Team: Consents Approved By: Juliet Johnson (Planning Manager) Ward/Community: New Plymouth (Marfell) Date: 30 March 2021 File Reference: ECM8500263

------End of Report ------

15 1.1 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

File Ref: 006_Masterplan_Resource_Consent_Update_20200420.indd egend L

SEAVIEW ROAD 3

0 30m

COOK STREET 3 1:1,000 @ A3 4 Data Sources: Pocket Park Projection:

DISCOVERY PLACE

1 NEW ROAD 1 MARFELL REGENERATION 3 NEW PLYMOUTH Illustrative Masterplan

Drawing no. 1 RC202

Date: 05 June 2020 Revision: H Plan prepared for HNZ Build Limited by Boffa Miskell Limited Project Manager: nick.pollard @boffamiskell.co.nz ‘Kick a Ball’ Drawn: RFr | Checked: BCl Park This plan has been prepared by Boffa Miskell Limited on the specific instructions of our Client. It is solely for our BANKS STREET 5 Client’s use in accordance with the agreed scope of work. 2 Any use or reliance by a third party is at that party’s own risk. Where information has been supplied by the Client or obtained from other external sources, it has been 3 assumed that it is accurate. No liability or responsibility 2 3 KEY - Refer RC201 is accepted by Boffa Miskell Limited for any errors or omissions to the extent that they arise from inaccurate information provided by the Client or any external source. 1 Home Zone COOK STREET RESERVE 2 Street Amenity

3 Private Gardens

4 Pocket Park

5 ‘Kick a Ball’ Park

Document Set ID: 8508011 Version: 1, Version Date: 07/04/2021

16 1.2 Te Huinga Taumatua agenda (11 May 2021) - Decision - Road Naming - Marfell Development

HE KARAKIA

Purutia mai te tāuru o te Rangi Herald the higher teachings from above

Kia tīnā! kia whēnā! Hold tightly, hold firmly

Kia toka te manawa ora! Be resolute, remain steadfast (to life)

Tīnā toka te manawa ora ki whea! From where does your strength of life derive?

Tīnā toka te manawa ora The strength of life derives from

Ki Ranginui e tū nei The great Sky Father, (higher teachings)

Ki Papat-ū-ā-nuku e takoto nei and Mother Earth (observations of the natural world)

Hui ē! Tāiki e! Acknowledge acclaimed.

Document Set ID: 8508410 Version: 1, Version Date: 07/04/2021 17 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-Way naming - Mahea Totara Way 2

NAMING OF RIGHT-OF-WAY

MATTER

1. The matter for consideration by the Council is the naming of a right-of-way as a result of subdivision at London Terrace.

i) Mahea Tōtara Way

COMPLIANCE

Significance This matter is assessed as being of some importance.

This report identifies and assesses the following reasonably practicable options for addressing the matter:

Options 1. Approve the recommended name

2. Recommend alternative names for the right-of-way

The persons who are affected by or interested in this matter Affected persons are identified in the P18-005 Road Naming and Numbering Policy. Recommendation This report recommends option 1 for addressing the matter. Long-Term Plan / Annual Plan No Implications Significant Policy and Plan No Inconsistencies

18 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-Way naming - Mahea Totara Way 2

EXECUTIVE SUMMARY

2. This report recommends the Council name the right-of-way Mahea Tōtara Way.

3. The proposed name is consistent with the approach for road naming as set out in P18-005 Road Naming and Numbering Policy and with NZ Standard AS/NZS4819:2011

4. Once the Council has approved the name, street numbers will be applied to the properties served by the roads and rights-of-way.

5. The recommended right-of-way name reflects the views of tangata whenua. Ngᾱti Te Whiti has recommended the proposed names.

BACKGROUND

Legislation

6. Council’s general powers in relation to roads, including road naming, are set out in Section 319 of the Local Government Act 1974. Section 319(j) provides the power “to name and to alter the name of any road and to place on any building or erection on or abutting on any road a plate bearing the name of the road”.

7. The Act does not specify any process to be followed in identifying and allocating road names and no consultation with, or input from, any party is required.

8. Section 319A provides that where the Council names a road for the first time, or alters the name of a road, the Council must, as soon as practicable, send a copy of the resolution to Land Information New Zealand (LINZ).

9. Section 319B relates to the allocation of property numbers and provides that “for electoral, postal and other purposes” the Council may allocate street numbers and requires the Council to advise LINZ of the numbers it has allocated. Where a property number is unacceptable such as where it does not comply with the ‘Addressing Standard’, LINZ may require the Council to change the number.

10. LINZ validates the road name and property numbers and updates the official national record.

11. LINZ makes the official address information that it holds available in several forms. Data resellers, in particular, take this data and tailor it for end-users such as the emergency services, businesses, and local government and central government agencies.

19 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-Way naming - Mahea Totara Way 2

Council Policy

12. Council adopted P18-005 Road Naming and Numbering Policy in October 2018. A copy of the Policy can be found on the Council’s website. https://www.newplymouthnz.com/Council/Council-Documents/Policies/Road- Naming-and-Numbering-Policy.

13. The Policy provides for the same provisions and processes for the naming of roads and private ways (rights-of-ways) with six or more primary address sites, or the potential to develop six or more address sites.1

14. The Policy sets out processes to identify and inform affected and interested parties, Council facilitating engagement between iwi/hāpu and developer and interested parties, reflecting LINZ new requirements, ensuring cultural appropriateness and identifying overseas military history and use of RSA poppy image.

SIGNIFICANCE AND ENGAGEMENT

15. In accordance with the Council’s Significance and Engagement Policy, this matter has been assessed as being of some importance, as the area is of cultural and historical significance to both tangata whenua and the local community.

16. Road naming can contribute to a sense of connection, place and belonging. Road naming can be a contributing factor to strengthening a sense of community between residents, tangata whenua and local communities across the New Plymouth District.

17. Ngati Te Whiti has been consulted on the naming of this right of way.

ROAD NAME RECOMMENDATIONS

18. The following section provides information regarding the name now recommended for approval.

Mahea Tōtara Way

19. Mahea Tōtara Way is the proposed name for the right of way at 6 & 12 London Terrace, New Plymouth. This name has been proposed by Ngati Te Whiti hapū.

1 Clause 9 Policy P18-005

20 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-Way naming - Mahea Totara Way 2

Why Mahea Tōtara Way was chosen

20. Ngati Te Whiti has recommended the name describing the area and reasoning as follows;

The application site has been cleared of trees and other vegetation. This concept aligns with clearing a dedicated area for gardening – Mahea.

Tōtara is a shortening of Puketotara (in reference to the Pā and Native Reserve (there is Puketotara Street in close proximity to the application site) and a reference to the Tōtara Tree. The Tōtara Tree is symbolic of a great chief.

Ngāti Te Whiti acknowledges that Mr Still was influential in the development community in New Plymouth and awarded a Queen’s Service Order for his community work with many charities. It is appropriate to refer to Mr Still as a Tōtara amongst his whānau and the wider community and acknowledge his passing earlier this year.

The following whakataukī is relevant:

“Kua hinga te Tōtara i te waonui a Tāne” Tōtara has fallen in the great forest of Tāne

Were Alternative Names considered?

Wilson Way

21. The name Wilson Way was requested by Colin Jackson, surveyor, on behalf of the Still family. The application notes; Mr Still has ‘turned what was an overgrown eye sore and swamp area into a pleasing and excellent 7 section subdivision all at the age of 93. Throughout the process he strived to go over and above what was required of him by building a bridge instead of a culvert, an enhanced rock lined stream for the river life to prosper and landscaping for neighbours and residents to enjoy. His grandson Kyle Still refers to ‘an area to enhance the beauty of New Plymouth and just the latest of many residential and industrial developments over 70 years’.

22. The family of Wilson Still request that Wilson be the name approved for this development because this was the very last development that their grandfather carried out after a lifetime of development within the City.

Te Ara Tōtara

23. Tōtara is a shortening of Puketotara and a reference to the Tōtara tree. Te Ara is considered appropriate as a descriptor as Mr Still carved Te Ara, or the path for his whanau and those who will reside in the development.

21 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-Way naming - Mahea Totara Way 2

24. This name was also put forward by Ngati te Whiti hapū

Compliance with policy requirements

25. The name Mahea Tōtara complies with the P18-005 Road Naming and Numbering Policy District specific criteria, in that it is a distinctive or significant geographic feature, landscape, flora or fauna unique or characteristic to the area. (Appendix 1(1A)(i)(d) refers).

26. The property does adjoin land included as a Statutory Acknowledgement Area under the Te Ātiawa Claims Settlement Act 2016. A tributary of the Te Henui runs through the development site.

LINZ has confirmed appropriateness of using these names in the area.

OPTIONS

27. There are two reasonably practicable options:

Option 1 Allow the recommended right-of-way name and numbering of properties to be allocated to meet legislative requirements. The right-of-way name aligns with the criteria set out in the road naming and numbering policy.

Option 2 Decline the recommended name and recommend alternative names for the right-of-way. Further engagement with tangata whenua and the developer would be recommended before a final decision is made.

28. The following assessment covers both options.

Financial and Resourcing Implications

29. Officers do not expect any financial or resourcing implications. Installation of the right-of-way name is a financial undertaking by the developer and no costs fall on the Council.

Risk Analysis

30. There are no risks anticipated by approval the right-of way name and allocation of property numbering.

Promotion or Achievement of Community Outcomes

31. The proposed name fulfils the criteria of Council’s Road Naming and Numbering Policy P18-005 which puts in place processes to identify and inform affected and interested parties, Council facilitation engagement between iwi/hāpu and developer and interested parties.

22 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-Way naming - Mahea Totara Way 2

Statutory Responsibilities

32. This option allows road and right-of-way names and numbering of properties to be allocated to meet legislative requirements. The road and right-of-way names align with the criteria set out in the New Plymouth District Council P18- 005 Road Naming and Numbering Policy.

Consistency with Policies and Plans

33. The recommended name is consistent with New Plymouth District Council P18-005 Road Naming and Numbering Policy. https://www.newplymouthnz.com/Council/Council-Documents/Policies/Road- Naming-and-Numbering-Policy.

34. The alternative name Wilson Way is also consistent with this Policy. (Appendix 1(1A)(i)(e) refers). The Road Naming Criteria sets an order of priority with preference to road names. The recommended name is higher in this order of priority.

Participation by Māori

35. The outcomes contribute to Council’s obligations regarding developing capacity and providing opportunity for Māori to participate in Council decision making.

36. The name Mahea Tōtara has been proposed by Ngati te Whiti hapū.

Community Views and Preferences

37. The recommended right-of-way name reflects the views of Tangata Whenua. The family of Wilson Still have confirmed that their preference is Wilson Way. While acknowledging the value to which the name Mahea Tōtara bestows to the family of Wilson Still, the family wish to retain Wilson Way as it defines the memory of Wilson Still’s final project to New Plymouth City.

Advantages and Disadvantages

38. The P18-005 Road Naming and Numbering Policy has assessed the advantages and disadvantages in relation to naming of roads.

Recommended Option This report recommends Option 1 to approve the recommended name for addressing the matter.

23 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-Way naming - Mahea Totara Way 2

APPENDICES

Appendix 1 Right-of-way location map for Mahea Tōtara Way (ECM8504985)

Report Details Prepared By: Rowan Williams (Planning Lead) Team: Consents Approved By: Juliet Johnson (Manager Planning) Ward/Community: City Ward Date: 5 January 2021 File Reference: ECM8349407

------End of Report ------

24 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-Way naming - Mahea Totara Way 2.1

ROW Mahea Tōtara Way

Document Set ID: 8504985 Version: 1, Version Date: 31/03/2021

25 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-way naming - Ponga Place

NAMING OF A RIGHT-OF-WAY

MATTER

1. The matter for consideration by the Council is the naming of a right of-way as a result of a subdivision at Highfield Place, New Plymouth

i) Ponga Place

COMPLIANCE

Significance This matter is assessed as being of some importance.

This report identifies and assesses the following reasonably practicable options for addressing the matter:

Options 1. Approve the recommended name

2. Recommend alternative names for the right-of-way

26 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-way naming - Ponga Place

EXECUTIVE SUMMARY

2. This report recommends the Council approve the right-of-way name Ponga. The proposed name is consistent with the approach for road naming as set out in P18-005 Road Naming and Numbering Policy and with NZ Standard AS/NZS4819:2011. Once the Council has approved the name, street numbers will be applied to the properties served by the right-of-way.

3. The recommended right-of-way name reflects the views of tangata whenua. Ngᾱti Te Whiti has recommended the proposed names.

BACKGROUND

Legislation

5. The Act does not specify any process to be followed in identifying and allocating road names and no consultation with, or input from, any party is required.

8. LINZ validates the road name and property numbers and updates the official national record.

27 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-way naming - Ponga Place

Council Policy

10. Council adopted P18-005 Road Naming and Numbering Policy in October 2018. A copy of the Policy can be found on the Council’s website. https://www.newplymouthnz.com/Council/Council-Documents/Policies/Road- Naming-and-Numbering-Policy.

SIGNIFICANCE AND ENGAGEMENT

15. Ngᾱti Te Whiti has been consulted on the naming of the right of way.

RIGHT-OF-WAY NAME RECOMMENDATIONS

16. The following section provides information regarding the name recommended for approval.

Ponga Place

17. Ponga is the proposed name for the right-of-way at 8A Highfield Place, Highlands Park, New Plymouth. This name has been put forward by the residents of 8B and 8C Highfield Place along with suggestions of Pheasant, Pukeko and Waterlily. These names were forwarded to Ngᾱti Te Whiti who commended the applicants on their suggested names which provide context within the features of the area.

1 Clause 9 Policy P18-005

28 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-way naming - Ponga Place

Why Ponga was chosen

18. The application site contains a wetland area which contains Ponga, commonly known as the Silver Fern. Ponga are commonly found in the North Island and the east and south of the South Island. As well as being located within the subdivision, Ponga have many traditional Mᾱori uses – medicinal, food, domestic and fishing and hunting. The Ponga has been a symbol of New Zealand’s national identity for many years, to Mᾱori the shape of the fronds have known to stand ‘for strength, stubborn resistance, and enduring power’, representative of the persistence of man whenua.

Compliance with policy requirements

19. The name Ponga complies with the P18-005 Road Naming and Numbering Policy District specific criteria in that it is a site, area or distinctive or significant geographic feature, landscape, flora or fauna unique or characteristic to the area. (Appendix 1(1A)(i)(d) refers).

20. The property does not adjoin land included as a Statutory Acknowledgement Area under the Taranaki Iwi Claims Settlement Act 2016.

21. LINZ has confirmed the appropriateness of using this name in the area.

OPTIONS

22. There are two reasonably practicable options:

Option 1 Allow the right-of-way name and numbering of properties to be allocated to meet legislative requirements. The right-of-way name aligns with the criteria set out in the road naming and numbering policy.

Option 2 Decline the recommended names and recommend alternative names for the right-of-way. Further engagement with tangata whenua and the developer would be recommended before a final decision is made.

The following assessment covers both options.

Financial and Resourcing Implications

23. Officers do not expect any financial or resourcing implications. Installation of new road and right-of-way names is a financial undertaking by the developer and no costs fall on the Council.

29 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-way naming - Ponga Place

Risk Analysis

24. There are no risks anticipated by approval of the right-of way name and allocation of property numbering.

Promotion or Achievement of Community Outcomes

25. The proposed name fulfils the criteria of Council’s Road Naming and Numbering Policy P18-005 which puts in place processes to identify and inform affected and interested parties, Council facilitation engagement between iwi/hāpu and developer and interested parties.

Statutory Responsibilities

26. This option allows road and right-of-way names and numbering of properties to be allocated to meet legislative requirements. The right-of-way name aligns with the criteria set out in the New Plymouth District Council P18-005 Road Naming and Numbering Policy.

Consistency with Policies and Plans

27. The recommended name is consistent with New Plymouth District Council P18- 005 Road Naming and Numbering Policy. https://www.newplymouthnz.com/Council/Council-Documents/Policies/Road- Naming-and-Numbering-Policy

Participation by Māori

28. The outcomes contribute to Council’s obligations regarding developing capacity and providing opportunity for Māori to participate in Council decision making. Ngᾱti Te Whiti has recommended the proposed name.

Community Views and Preferences

29. The recommended right-of-way name reflects the views of tangata whenua.

Advantages and Disadvantages

30. The P18-005 Road Naming and Numbering Policy has assessed the advantages and disadvantages in relation to naming of roads.

Recommended Option This report recommends Option 1 to approve the recommended name for addressing the matter.

30 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-way naming - Ponga Place

APPENDICES

Appendix 1: Right-of-way location map for Ponga Place (ECM8506083)

Report Details Prepared By: Rowan Williams (Planning Lead) Team: Consents Approved By: Juliet Johnson (Planning Manager) Ward/Community: New Plymouth (Highlands Park) Date: 31 March 2021 File Reference: ECM8497935

------End of Report ------

31 Te Huinga Taumatua agenda (11 May 2021) - Decision - Right-of-way naming - Ponga Place

3.1

PONGA PLACE

Document Set ID: 8506083 Version: 1, Version Date: 01/04/2021 32 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

4 NAMING OF RIGHTS-OF-WAY

MATTER

1. The matter for consideration by the Council is the naming of rights-of-way as a result of a subdivision at Junction Street and Cowling Road, New Plymouth.

a) Pᾱ Tuna Lane

b) Waiharakeke Lane

COMPLIANCE

Significance This matter is assessed as being of some importance.

This report identifies and assesses the following reasonably practicable options for addressing the matter:

Options 1. Approve the recommended name

2. Recommend alternative names for the rights-of-way

The persons who are affected by or interested in this matter Affected persons are identified in the P18-005 Road Naming and Numbering Policy. Recommendation This report recommends option 1 for addressing the matter. Long-Term Plan / Annual Plan No Implications Significant Policy and Plan No Inconsistencies

33 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

EXECUTIVE SUMMARY 4

2. This report recommends the Council approve the rights-of-way names Pā Tuna and Waikaraheke. The proposed names are consistent with the approach for road naming as set out in P18-005 Road Naming and Numbering Policy and with NZ Standard AS/NZS4819:2011. Once the Council has approved the name, street numbers will be applied to the properties served by the rights-of-way.

3. The recommended rights-of-way names reflect the views of tangata whenua. Ngᾱti Te Whiti has recommended the proposed names.

BACKGROUND

Legislation

5. The Act does not specify any process to be followed in identifying and allocating road names and no consultation with, or input from, any party is required.

8. LINZ validates the road name and property numbers and updates the official national record.

34 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

Council Policy 4

SIGNIFICANCE AND ENGAGEMENT

15. Ngāti Te Whiti are the Te Atiawa hapū with mana whenua over the application sites. The application site sits within a shared area with the Ngāti Tairi hapū of Taranaki Iwi.

RIGHT-OF-WAY NAME RECOMMENDATIONS

16. The following section provides information regarding the name now recommended for approval. Te Huinga Taumatua on 30 June 2020 requested that proposed right of way names Boulder Lane and Mary Rielly Place be referred back for further discussion before being referred again to Te Huinga Taumatua.

Pā Tuna Lane

17. Pā Tuna Lane is the recommended name for the right-of-way accessed from Cowling Road linking up to Atutahi Street. Atutahi Street will be extended.

1 Clause 9 Policy P18-005

35 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

18. This name has been put forward by Ngati Te Whiti hapū following Te Huinga 4 Taumatua referral back to Officers. The name previously considered was Mary Rielly. The consent holder for the subdivision had no suggestion for a name and requested that Officers initiate the naming process. No further discussion with the landowner/developer has taken place.

It is noted that a stand of native trees planted by Fred Cowling named ‘Mary Rielly Grove’ is located within Rotokare (Barrett Lagoon).

Why Pā Tuna was chosen

19. Tuna were historically known to be in abundance in the area and have been confirmed in the Waimea Stream recently (see Freshwater Solutions report available at the following link: https://teatiawatrust.sharepoint.com/:b:/g/TeKotahitanga/EaumuueCq2hOl- OpzJVwbRQBPKp8I-ta20sju8dNrKj3xg?e=4n0M2T).

20. Pā Tuna are described as an eel weir, a weir for catching eels. The use of ‘Pā Tuna’ would be in keeping with the fish theme for road names approved in the initial stages, Piharau and Atutahi.

Compliance with policy requirements

21. The name Pa Tuna complies with the P18-005 Road Naming and Numbering Policy District specific criteria in that it is a site, area or distinctive or significant geographic feature, landscape, flora or fauna unique or characteristic to the area. (Appendix 1(1A)(i)(d) refers).

22. The Waimea Stream which adjoins the application site is identified as Statutory Acknowledgment to Te Atiawa under the Te Atiawa Settlement Act 2016. Statutory Acknowledgement is an acknowledgment of the cultural historical spiritual and traditional relationship Te Atiawa had with an area.

23. LINZ has confirmed the appropriateness of using this name in the area.

24. Lane is considered to be the best road type descriptor for the road name based on the LINZ guidelines for addressing in-fill developments.

25. Ngāti Te Whiti considers ‘Pā Tuna Lane’ is consistent with NPDC Road Naming Criteria i. a), b), c) and d) as listed in Appendix 1 of the NPDC Road Naming and Numbering Policy. It is also considered to be consistent with Road Naming Criteria ii. a) – s).

Waiharakeke Lane

26. Waiharakeke Lane is the recommended name for the right of way at 18 Junction Street. The subdivision serves 6 new lots.

36 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

27. This name has been put forward by Ngati Te Whiti hapū following Te Huinga 4 Taumatua referral back to Officers. The name previously considered was Boulder. This was in reference to the boulders that had been placed in the development as landscape features as a part of the subdivision development. No further discussion with the landowner/developer has taken place.

Why Waiharakeke was chosen

28. The application site is bounded by Te Henui and State Highway 3 (Junction Road). There is a large amount of pā harakeke planted over the application site next to Te Henui and the road. The river flow is audible from the right-of- way.

29. To reflect both Te Henui (there is already a Henui Street) and the Harakeke, Waiharakeke is the recommended name for the right-of-way. Wai meaning water and river) and Harakeke, the New Zealand flax with many traditional Māori uses.

Compliance with policy requirements

30. Waiharakeke is consistent with NPDC Naming Criteria i. a), b), c) and d) as listed in Appendix 1 of the NPDC Road Naming and Numbering Policy. It is also considered to be consistent with Road Naming Criteria ii. a) – s).

31. Te Henui Stream which adjoins the application site is identified as Statutory Acknowledgment to Te Atiawa under the Te Atiawa Settlement Act 2016. Statutory Acknowledgement is an acknowledgment of the cultural historical spiritual and traditional relationship Te Atiawa had with an area.

32. Ngāti Te Whiti are the Te Atiawa hapū with mana whenua over the application site.

33. Lane is considered to be the best road type descriptor for the road name based on the LINZ guidelines for addressing in-fill developments.

37 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

OPTIONS 4

34. There are two reasonably practicable options:

The following assessment covers both options.

Financial and Resourcing Implications

35. Officers do not expect any financial or resourcing implications. Installation of new road and right-of-way names is a financial undertaking by the developer and no costs fall on the Council.

Risk Analysis

36. There are no risks anticipated by approval of the right-of way name and allocation of property numbering.

Promotion or Achievement of Community Outcomes

37. The proposed name fulfils the criteria of Council’s Road Naming and Numbering Policy P18-005 which puts in place processes to identify and inform affected and interested parties, Council facilitation engagement between iwi/hāpu and developer and interested parties.

Statutory Responsibilities

38. This option allows road and right-of-way names and numbering of properties to be allocated to meet legislative requirements. The right-of-way name aligns with the criteria set out in the NPDC P18-005 Road Naming and Numbering Policy.

Consistency with Policies and Plans

39. The recommended name is consistent with NPDC P18-005 Road Naming and Numbering Policy. https://www.newplymouthnz.com/Council/Council-Documents/Policies/Road- Naming-and-Numbering-Policy

38 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

Participation by Māori 4

40. The outcomes contribute to Council’s obligations regarding developing capacity and providing opportunity for Māori to participate in Council decision making. Ngāti Te Whiti hapū has recommended the proposed name.

Community Views and Preferences

41. The recommended road and right-of-way names reflect the views of tangata whenua.

Advantages and Disadvantages

42. The P18-005 Road Naming and Numbering Policy has assessed the advantages and disadvantages in relation to naming of roads.

Recommended Option This report recommends Option 1 to approve the recommended name for addressing the matter.

APPENDICES

Appendix 1 Right-of-way location map for Ta Puna and Waiharakeke lanes (ECM8508408)

Report Details Prepared By: Rowan Williams (Planning Lead) Team: Consents Approved By: Juliet Johnson (Planning Manager) Ward/Community: New Plymouth Date: March 30 2021 File Reference: ECM8504992

------End of Report ------

39 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

Proposed ROW Name on 18 Junction Street, New Plymouth 4.1 WAIHARAKEKE LANE (Boulder Lane)

Document Set ID: 8508408 Version: 1, Version Date: 07/04/2021

40 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

4.1

Document Set ID: 8508408 Version: 1, Version Date: 07/04/2021

41 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

Proposed ROW Name on 70 Cowling Road, New Plymouth 4.1 PĀ TUNA PLACE ( Mary Rielly Place)

Document Set ID: 8508408 Version: 1, Version Date: 07/04/2021

42 Te Huinga Taumatua agenda (11 May 2021) - Decision - Rights-of-Way Naming – Update on Mary Rielly and Boulder Lanes

4.1

Document Set ID: 8508408 Version: 1, Version Date: 07/04/2021

43 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

APPROVAL TO DISPOSE OF A SMALL SEVERANCE PARCEL OF LAND AT 61 BROWNE STREET, WAITARA 5

MATTER

1. The matter for consideration by the Council is the disposal of a 3m2 severance parcel of municipal endowment land at 61 Browne Street, Waitara.

RECOMMENDATION FOR CONSIDERATION That having considered all matters raised in the report Council:

a) Approves the sale (or lease addition) of Lot 1 (endowment parcel) with Lot 2 DP 553099 (not subject to endowment status) in accord with Section 140 and 141 of the Local Government Act 2002 (LGA) at the market valuation price for freeholding of $140,000, on the grounds that:

 Ministerial acknowledgement and approval has been given in terms of Section 140 and 141 of the LGA.

 Te Kōwhatu Tū Moana Trust and Te Tai Pari Trust (Waitara Community Perpetual Fund) and the Taranaki Regional Council agree to the proposal.

 Waiving the Public Notice requirement under Council Policy PO5-019 to undertake advertising of the sale for public submission purposes.

b) Notes that the provisions of the LGA are being used for expediency in lieu of seeking an Order in Council under the provisions of Section 63 of the New Plymouth District Council (Waitara Lands) Act 2018.

COMMITTEE AND COMMUNITY BOARD RECOMMENDATIONS

2. The Strategy and Operations Committee and the Waitara Community Board endorsed the recommendation.

44 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

COMPLIANCE 5 Significance This matter is assessed as being of some importance This report identifies and assesses the following reasonably practicable options for addressing the matter:

1. Approve disposal of the 3m2 of endowment land under the provisions of Section 140 and 141 of the Local Options Government Act 2002, noting all notifications, consents and agreement of affected parties have been obtained.

2. Seek an Order in Council to amend the land schedule to the NPDC (Waitara Land) Act. The persons who are affected by or interested in this matter are the lessee of the property at 61 Browne Street, Taranaki Affected persons Regional Council, Te Kōwhatu Tū Moana Trust, Te Tai Pari Trust and Minister for Land Information New Zealand and Minister in Charge of Treaty of Waitangi Negotiations. Recommendation This report recommends Option 1 for addressing the matter. Long-Term Plan / Annual Plan No Implications Significant Policy and Plan No Inconsistencies

EXECUTIVE SUMMARY

3. This report recommends the disposal of a 3m2 residual sliver of land left over from a subdivision in 1964 (now Lot 1 DP 553099). The land is of a size, location and shape that it cannot be dealt with as a separate section. The land is also fenced within 61 Browne Street and has a garage built over part.

4. Council officers recommend the land be added to the principal property (61 Browne Street (Lot 2 DP 553099)) under Sections 140 and 141 of the LGA. The alternative option is for Council to seek an Order in Council to amend the land schedule to the New Plymouth District Council (Waitara Lands) Act (2018) (the Act).

5. If an application to freehold from the lessee proceeds, the land will be disposed of via the Act’s freeholding process.

6. If the lessee declines to freehold and renews their lease, then the severance area (Lot 1) will be added to the existing lease area.

45 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

7. Council officers have undertaken a range of actions to pre-obtain approvals to facilitate the next steps to correct an historical anomaly. 5 BACKGROUND

The History of 61 Browne Street (formerly Section 4 Block LXII Town of Waitara West)

8. In 1964, the Waitara Borough Council approved a subdivision (under Deposited Plan 9402) of two sections that fronted Broadway in Waitara. At the time the survey followed fenced boundaries, and the severance area was included and developed as part of a property at 61 Browne Street, whereas under its prior survey it was part of the two adjoining sections.

9. This severance of land and the property at 61 Browne Street are also both “limited as to parcels”. This classification meant that the area and dimensions of the properties were not guaranteed (or necessarily accurate). An explanation of the “limited as to parcels” definition is contained in the appendix to this report. Council officers have completed the process to have the limitation removed as part of the preparation of the site for potential freeholding purposes.

10. However the severance area also has a notation of Waitara Endowment Land on the title. The notation was not removed as part of the Act as parties were not aware of severance areas existence. To either dispose of the severance area as part of a freeholding process, or to include it in any new lease of 61 Browne Street requires the removal of the endowment notation.

11. Regardless of the underlying land status, the severance area of land has been incorporated into the property at 61 Browne Street since the 1964 subdivision. Part of the lessee’s garage (lessee improvement) is situated on the severance area.

12. This report recommends disposal of the severance parcel on the basis that Lots 1 and 2 are amalgamated into a single title and the severance is included in the price conveyed. Should the lessee wish to proceed with freeholding, there are time constraints to complete purchase and for the Council to dispose of the severance area as part of the sale.

Severance area not referenced in the Act

13. As the severance area was not known to exist until recently, it is not listed in Schedule 3 of the Act (land to which the Act applies).

14. The severance area is not currently included in the freehold or leasehold title to the principal leasehold property at 61 Browne Street. As a result, it still holds endowment status. Removal of that status is undertaken through Order in Council or the Local Government Act 2002. The endowment status for the principal property has been removed through the Act.

46 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

Removal of Endowment Status

15. The Title for the severance area (Lot 1 DP 553099) was only recently issued 5 and is still subject to municipal endowment purposes subject to Section 9 of the Waitara Harbours Act 1940.

16. The Act1 provides a mechanism for the Chief Executive to seek removal of an endowment notation from the title of any land specified in the Act. Because the title for the severance area is not included in the Act, a separate process is required to remove the endowment notation. Removal of the endowment status of the land will enable Council to manage the severance area in the same way as other Waitara Lands.

17. Endowment status can be removed from the severance area through:

a) Order in Council to add the property to Schedule 3 of the Act.

This would involve the Central Government process set out in the appendix and could take in excess of six months to complete.

b) Section 140 and 141 Local Government Act 2002

This would enable the Council to dispose of the estate in fee simple (freehold) of the endowment property and the conditions applying to disposal and use of proceeds; or include the severance area in the lease.

18. To ensure Council can resolve the issue in an efficient manner, and mindful of the time constraints regarding the lessee’s ability to freehold the property based on current valuation, Council officers have notified the Minister and sought approval to a change to the use of proceeds for the purposes of the Act. The Minister has granted approval. This facilitates timely use of the Local Government Act option should Council endorse the officer’s recommendation.

19. Endowment status has been removed from Lot 2 (principal Browne Street property) under section 60 of the Waitara legislation as the land in listed in the schedule to that Act.

20. Following application by the Council, LINZ issued the Record of Title to both Lot 1 and Lot 2 DP 553099 on 3 February 2021. Both titles are no longer subject to parcel limitation.

21. The severance area is now defined as Lot 1 DP 553099 (formerly Part Section 3 Block LXII Town of Waitara West). The principal leasehold 61 Browne Street is now defined as Lot 2 DP 553099 (formerly Section 4 Block LXII Town of Waitara West).

1 s60 New Plymouth District Council (Waitara Lands) Act 2018

47 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

Fig 1 – above - 61 Browne Street currently described as formerly Section4Block LXII Town of Waitara West – New Title issued as Lot 2 DP 553099

Figure 2 – The 3m2 Severance Parcel is highlighted in green to the rear of the property.

48 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

Consultation undertaken with Affected Parties

22. The Act provides that the proceeds (income) from sale of former Waitara 5 Harbour Endowment for Lots 1 and 2 DP 553099 will be allocated as follows (less costs):

 Taranaki Regional Council (TRC) 50%

 Waitara Perpetual Community Fund 25%

 Te Kōwhatu Tū Moana Trust 25%

23. Council officers have consulted with representatives from the TRC, Te Kōwhatu Tū Moana and Te Tai Pari Trust (as a recipient of funds from the Wiatara Perpetual Community Fund). Council has received support from all three parties to remove the endowment notation on the title of the severance area.

Disposal of 3m2 Severance Area as part of 61 Browne Leasehold Property

24. Once the endowment has been removed from the title of the severance parcel, the parcel will be disposed of by either:

 Sale and amalgamation with the title to the 61 Browne Street property (if freeholded by way of purchase by lessee); or

 By addition to title and lease if the purchase of 61 Browne Street does not proceed.

Proceeds from Sale of Lot 1 DP 553099 (Severance Area)

25. The severance parcel has not been valued, on the basis it has nominal, if any, value. This is due to the size, shape and location of the land on the rear boundary. The severance parcel can only be disposed of in conjunction with the adjoining principal Browne Street property. Further, adding 3m2 to the existing section at 61 Browne Street is not likely to change its total value.

26. Should the lessee exercise their right to freehold, sale proceeds will be applied in terms of the Act. To ensure compliance with the provisions of the LGA in respect of the 3m2 endowment parcel Lot 1, DP 553099 (and for audit purposes), Council officers have notified the Minister and sought pre-approval as to change to the use of proceeds for the purposes of the Act. The Minister has granted approval.

49 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

Council Policy P05-019 Approval of Properties for Sale and Method of Sale – Lot 1 DP 553099 – 3m2 5 27. As the Lot 1 severance area is not included in the land title of the principal leasehold for 61 Browne Street, disposal needs to be approved as an “off market sale” in terms of Council Policy P05-019. Council officers recommend sale on that basis. This would include waiving the requirement to publicly notify the sale.

NEXT STEPS

28. Subject to Council approval the severance parcel will be disposed of in terms of the LGA and Sales Policy or alternatively renewal of existing leasing arrangements.

SIGNIFICANCE AND ENGAGEMENT

29. In accordance with the Council's Significance and Engagement Policy, this matter has been assessed as being of some importance because the decision essentially involves a minor boundary rationalisation and disposal (or lease addition) affecting Waitara Endowment lands, for the benefit of Council and lessee.

30. The matter therefore has no impact upon the interests of the wider community, district or Waitara and therefore no public consultation has been undertaken.

OPTIONS

31. There are two reasonably practicable options:

Option 1 Approve disposal of the endowment land under the provisions of Section 140 and 141 of the Local Government Act 2002(Recommended)

Option 2 Seek approve to dispose of the endowment land through Order in Council (not recommended)

Both options have been assessed together below and in the report above.

Financial and Resourcing Implications

32. Survey and plan costs have been involved to define the land and to facilitate the removal of limitation as to parcels. This cost (approximately $10,000) has been met through the Waitara Endowment Income under Section 30(4) (b) of the Act.

33. Seeking an order in Council would incur additional legal costs and is likely to take an extended period of time to complete.

50 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

Risk Analysis

34. Council officers have not identified any risks in disposal of the endowment land 5 under the LGA process. Council has obtained all ministerial notification and pre-approvals to facilitate a decision. Affected parties are in agreement with the proposal.

35. Using the Order in Council mechanism would result in time delays to complete the process and add additional costs.

Promotion or Achievement of Community Outcomes

36. Provides a rationalised outcome to correct an existing land anomaly relating to Waitara leasehold land for the benefit of the Council and lessee. It contributes to the goal of Prosperity by growing an economy where people want to live and invest.

Statutory Responsibilities

37. Council officers consider the use of the statutory provisions under the LGA as the most expedient way to deal with the disposal/proceeds of the 3m2 Lot 1 DP 553099 severance parcel of endowment land. Council has received all statutory pre-approvals and affirmative agreement received from affected parties.

38. Council officers note that the sale of the 3m2 of endowment land (Lot 1 DP 553099) is not subject to the offer back provisions of Section 40 of the Public Works.

Consistency with Policies and Plans

39. Disposal of the land would be undertaken in accordance with Council Policy P05-019 Approval of Properties for Sale and Method of Sale.

Participation by Māori

40. Extensive consultation (both public and direct with iwi and hapū representatives) was undertaken at the time of the preparation and passing of the Act. The small severance area involved in this report was missed from the schedule of the Act as its existence was unknown at the time. Correcting action is viewed as an administrative task. Council officers have consulted Te Kōwhatu Tū Moana representatives who have confirmed their agreement with the removal of the endowment notation on the severance parcel.

51 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

Community Views and Preferences

41. Council officers have consulted with parties affected by the land rationalisation. 5 Those parties have provided support for the proposal. The matter has little (if any) impact upon the interests of the wider community and therefore no public consultation has been undertaken.

42. The lessee of 61 Browne Street has not made a decision in relation to the freeholding of the property.

Advantages

43. Use of the LGA, provides a mechanism to undertake sale of the severance land or lease addition as the case maybe (all statutory obligations and consultation completed) within the shortest time frame and least cost for all parties.

Disadvantages

44. No disadvantages have been identified in relation to use of the LGA mechanism to undertake the sale of the severance land or lease addition.

APPENDICES

Appendix 1 Explanation of “Limited as to Parcels” (ECM8509208)

Appendix 2 Statutory process for Order in Council (ECM8509214)

Appendix 3 Statutory process for ss140 and 141 Local Government Act 2002 (ECM8509223)

Recommended Option This report recommends Option 1 to approve disposal of the severance residual parcel comprising Lot 1 DP 553099, for addressing the matter, noting all statutory notifications, approvals and affected parties consulted support the proposal.

Report Details Prepared By: Murray Greig (Property Officer) Team: Property Approved By: Ian Baker (Property Manager) Ward/Community: Waitara Date: 9 March 2021 File Reference: ECM8473036

------End of Report ------

52 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

5.1

53 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

5.1

54 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

APPENDIX: BROWNE STREET PARCEL OF LAND

Statutory Process – Order In Council 5.2

Removal of Endowment status for severance parcel from Record of Title by Order in Council – Lot 1

1. The Act enables the addition of land to Schedule 3 of the Act through Order in Council (central government process). This would enable removal of the endowment status of the land under s60(1) of the Act.

2. The Order in Council process involves:

a) The Council making a recommendation to the appropriate Minister (in this case the Minister of Local government)

b) A recommendation by the Minister for an authorisation by Cabinet

c) Subsequent consideration by the Executive

d) Authorisation (by the Executive) for the Governor General to sign an Order in Council; and then

e) Gazetting.

f) Council officers expect the process for obtaining an Order in Council to be between three and upward of six months.

3. In this case it is considered that it would be more expedient to deal with the disposal of severance endowment parcel under the provisions of Section 140 and 141 of the LGA (including addressing the technical issue of sale proceeds). Council officers have obtained all ministerial notification and approvals to proceed with sale under the LGA. Taranaki Regional Council, Te Kōwhatu Tū Moana Trust and Te Tai Pari Trust representatives have agreed to the proposal. Those entities have a pecuniary interest in the proceeds from net income arising from the sale.

4. The proposed process will allow the Council to apply for removal of the endowment notation on the Record of Title for Lot 1 DP 553099. That application would be made at the time the property is sold (freeholded) or the lease is renewed.

55 Te Huinga Taumatua agenda (11 May 2021) - Recommendation - Disposal of Land - 61 Browne Street, Waitara

APPENDIX 3: BROWNE STREET PARCEL OF LAND

STATUTORY PROCESS –ss140 AND 141 LOCAL GOVERNMENT ACT 2002 5.3

1. Section 140 and 141 of the LGA grants power to the Council to dispose of the estate in fee simple (freehold) of endowment property and conditions applying to disposal and use of proceeds.

2. The only statutory requirement for disposal of endowment is that the Minister for Land Information and Minister in Charge of Treaty of Waitangi Negotiations are notified of the proposed disposal in accord with Section 141 of the LGA. The Minister’s role is then only to acknowledge the Council notification. Council officers have and received, that acknowledgement from the Minister.

3. However, Section 140(4) (b) imposes the requirement that any disposal (subject to Section 141) is subject to the use of proceeds from any sale being, consistent with the purpose of the endowment or, if approved, a different purpose. That statutory approval has since been given.