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CHRISTCHURCH CITY COUNCIL AGENDA THURSDAY 11 SEPTEMBER 2014 9.30AM COUNCIL CHAMBER, CIVIC OFFICES, 53 HEREFORD STREET Watch Council meetings live on the web: http://councillive.ccc.govt.nz/live-stream AGENDA - OPEN CHRISTCHURCH CITY COUNCIL Thursday 11 September 2014 at 9.30am in the Council Chamber, Civic Offices, 53 Hereford Street Council: The Mayor, (Chairperson). Councillors Vicki Buck, Jimmy Chen, Phil Clearwater, Pauline Cotter, David East, Jamie Gough, Yani Johanson, Ali Jones, Raf Manji, Glenn Livingstone, Paul Lonsdale, Tim Scandrett and Andrew Turner ITEM DESCRIPTION PAGE NO. NO. 1. APOLOGIES 1 2. DECLARATION OF INTEREST 1 3. DEPUTATIONS BY APPOINTMENT 1 4. PRESENTATION OF PETITIONS 1 5. REPORT OF THE AKAROA / WAIREWA COMMUNITY BOARD MEETING OF 9 JULY 2014 3 6. REPORT OF THE LYTTELTON / MT HERBERT COMMUNITY BOARD MEETING OF 9 16 JULY 2014 7. REPORT OF THE SPREYDON / HEATHCOTE COMMUNITY BOARD MEETING OF 13 5 AUGUST 2014 8. REPORT OF THE SPREYDON / HEATHCOTE COMMUNITY BOARD MEETING OF 19 22 AUGUST 2014 9. REPORT OF THE BURWOOD / PEGASUS COMMUNITY BOARD MEETING OF 27 4 AUGUST 2014 10. REPORT OF THE BURWOOD / PEGASUS COMMUNITY BOARD MEETING OF 37 18 AUGUST 2014 11. REPORT OF THE FENDALTON / WAIMAIRI COMMUNITY BOARD MEETING OF 41 4 AUGUST 2014 12. REPORT OF THE FENDALTON / WAIMAIRI COMMUNITY BOARD MEETING OF 67 18 AUGUST 2014 13. REPORT OF THE HAGLEY / FERRYMEAD COMMUNITY BOARD MEETING OF 71 6 AUGUST 2014 14. REPORT OF THE HAGLEY / FERRYMEAD COMMUNITY BOARD MEETING OF 90 20 AUGUST 2014 15. REPORT BY THE CHAIRPERSON OF THE HAGLEY/FERRYMEAD COMMUNITY BOARD 105 MEETING OF 20 AUGUST 2014 16. REPORT OF THE RICCARTON / WIGRAM COMMUNITY BOARD MEETING OF 107 5 AUGUST 2014 17. REPORT OF THE RICCARTON / WIGRAM COMMUNITY BOARD MEETING OF 111 19 AUGUST 2014 18. REPORT OF THE SHIRLEY / PAPANUI COMMUNITY BOARD MEETING OF 6 AUGUST 2014 137 19. REPORT OF THE SHIRLEY / PAPANUI COMMUNITY BOARD MEETING OF 20 AUGUST 2014 145 20. CHAIRPERSONS REPORT OF THE FINANCE COMMITTEE MEETING OF 2 SEPTEMBER 2014 173 COUNCIL 11. 9. 2014 ITEM DESCRIPTION PAGE NO. NO. 21. CHAIRPERSONS REPORT OF THE EARTHQUAKE RECOVERY COMMITTEE OF THE WHOLE 181 MEETING OF 4 SEPTEMBER 2014 22. BEACHVILLE ROAD SEA WALL 199 23. CHRISTCHURCH EARTHQUAKE MAYORAL RELIEF FUND: APPLICATIONS AND 209 WITHDRAWAL FOR GRANTS 24. HEARINGS PANEL REPORT TO COUNCIL ON SOCIAL HOUSING 215 25. AN ACCESSIBLE CITY – FIRST PHASE TRANSPORT PROJECTS 243 26. METROPOLITAN SMALL GRANTS FUND ASSESSMENT SUBCOMMITTEE MEETING OF 261 25 AUGUST 2014 27. NOTICES OF MOTION 281 28. RESOLUTION TO EXCLUDE THE PUBLIC 281 1 COUNCIL 11. 9. 2014 1. APOLOGIES 2. DECLARATION OF INTEREST Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have. 3. DEPUTATIONS BY APPOINTMENT 3.1 THE CANTERBURY CRICKET TRUST Lee Robinson (Chairperson) and Sir John Hansen will speak on behalf of the Trust regarding the Lease Assignment of the Hagley Oval Pavilion (refer clause 20). 3.2 CANTERBURY CRICKET On behalf of Canterbury Cricket, Cran Bull (Chairperson) and Lee Germon (CEO) will speak regarding the Lease Assignment of the Hagley Oval Pavilion (refer clause 20). 4. PRESENTATION OF PETITIONS 2 3 COUNCIL 11. 09. 2014 Clause 5 AKAROA/WAIREWA COMMUNITY BOARD 9 JULY 2014 Report of a meeting of the Akaroa/Wairewa Community Board held on Wednesday 9 July 2014 at 9.35am in the Board Room, Little River Service Centre, 4238 Christchurch-Akaroa Road, Little River PRESENT: Pam Richardson (Chairman), Maria Bartlett, Lyndon Graham and Bryan Morgan. APOLOGIES: Apologies for absence were received and accepted from Janis Haley and Andrew Turner. The Board reports that: PART A – MATTERS REQUIRING A COUNCIL DECISION 1. DEED OF LEASE – AKAROA CROQUET CLUB INCORPORATED Contact Contact Details Executive Leadership Team Acting General Manager, City N Member responsible: Environment Group Officer responsible: Manager Parks Operations N Author: Kathy Jarden, Team Leader Leasing Y 941-8203 Consultancy 1. PURPOSE AND ORIGIN OF REPORT 1.1 This report seeks the Council’s approval, under the delegation granted by the minister of Conservation, to approve a new deed of lease to the Akaroa Croquet Club Incorporated. 1.2 At its meeting 20 February 2014 to grant a Deed of Lease to the Akaroa Croquet Club Incorporated at the Akaroa Recreation Ground under the provisions of the Local Government Act. The Community Board resolved to: 1.2.1 Approve the granting of a Deed of Lease commencing 1 January 2014 for three years, with two rights of renewal for a total term of nine years to the Akaroa Croquet Club Incorporated over an area of approximately 2123 square metres being part of Lot 2 Deposited Plan 2868, Lot 1 Deposited Plan 79110, and Section 2 Survey Office 18642, held for Reclamation and Public Recreation purposes contained in Certificate of Title CB45A/1127 held in the Canterbury Electronic Land Registry; and 1.2.2 Approve that the Corporate Support Manager negotiates and concludes the lease agreement on behalf of the Transport and Greenspace Manager. 1.3 Officers have since been advised that a legal opinion exists indicating the Akaroa Recreation Ground should be treated as being reserve and is subject to the Reserves Act 1977. 1.4 Officers are requesting that the Board revoke the resolution of 20 February 2014 and that a new resolution be made in accordance with the Reserves Act 1977. 2. BACKGROUND 2.1 The subject land is held for the purposes of Reclamation and Public Recreation. 2.2 The Council has received a legal opinion on the status of the Akaroa Recreation Ground and summarises as follows (Simpson Grierson letter dated 29 August 2013): 4 COUNCIL 11. 9. 2014 Akaroa/Wairewa Community Board 9. 07. 2014 1 Cont’d 2.2.1 “The land (with the exception of the Stopped Road, as that term is defined below) is almost certainly reserve and is subject to the Reserves Act 1977. This conclusion is based on the circumstances of the original acquisition from the Crown, the description of the purpose for which the Land was originally held (and is still held), and a subsequent transaction amalgamating the Stopped Road in 1998.” The legal opinion further states: 2.2.2 “As far as we are aware the Land has never been classified under the Reserves Act. Given our conclusion above that the Land is reserve (with the exception of the Stopped Road), classification under the Reserves Act is mandatory. In circumstances where reserve land has never been classified, section 16(6) of the Reserves Act provides that such land must be held and administered for the purposes of its existing reservation (in this case, public recreation), and the administering body must continue to control and manage the reserve under the appropriate provisions of the Act pending its classification.” 2.3 Under Section 5.7 of the Council’s Delegations Register, Community Boards may grant leases on reserves pursuant to section 54 of the Reserves Act 1977. 3. COMMENT 3.1 Pursuant to Sections 54 (1) (b) and (c) of the Reserves Act 1977, the Council re-advertised the applicant’s proposal that the Akaroa/Wairewa Community Board consider entering into a lease with the Club for this site. There were no submissions or objections to the proposal. 3.2 In June 2013 the Minister of Conservation delegated to all territorial authorities his powers, functions and duties where the territorial authority is the administering body of the relevant reserve. In exercising the delegation provided by the Minister, the administering body (ie the Council) must give consideration to those matters previously applied by the Minister, for example ensuring that: 3.2.1 the land has been correctly identified; 3.2.2 the necessary statutory processes have been followed; 3.2.3 the functions and purposes of the Reserves Act have been taken into account in respect to the classification and purpose of the reserve as required under section 40 of the Act; 3.2.4 the administering body has considered submissions and objections from affected parties and that, on the basis of the evidence, the decision is a reasonable one; 3.2.5 pursuant to the requirements of section 4 of the Conservation Act 1987, the administering body has consulted with and considered the views of Tangata Whenua or has in some other way been able to make an informed decision. 3.3 Compliance with these requirements has been met and reported to the Community Board when seeking the approval to enter into a Deed of Lease in February 2014. 4. FINANCIAL IMPLICATIONS 4.1 The Club has met the public advertising costs necessary to advise of the Council’s intention to grant a lease. 4.2 There are no financial implications in exercising the powers delegated by the Minister of Conservation. 4.3 An annual rent of $351.84 inclusive of GST has been negotiated with the Club for the use of the building and green space area as reported on 20 February 2014. 5 COUNCIL 11. 9. 2014 Akaroa/Wairewa Community Board 9. 07. 2014 1 Cont’d 5. STAFF RECOMMENDATION 5.1 That the Council exercise the powers of the Minister of Conservation referred to in the First Schedule of the Reserves Act 1977 and Instrument of Delegation for Territorial Authorities dated 12 June 2013 that pertain to granting a lease under section 54(1)(c) and (d) to consent to granting a Deed of Lease to the Akaroa Croquet Club Incorporated over an area of approximately 2,123 square metres being part of Lot 2 Deposited Plan 2868, Lot 1 Deposited Plan 79110, and Section 2 Survey Office 18642, held for Reclamation and Public Recreation purposes contained in Certificate of Title CB45A/1127 held in the Canterbury Electronic Land Registry for a period of three years with two rights of renewal for a total term of nine years.
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