Agenda of Maniototo Community Board meeting

Maniototo Community Board Agenda

15 April 2021

MINUTES OF A meeting of the
Maniototo Community Board
HELD IN THE Ranfurly Service Centre, 15 Pery Street, Ranfurly
ON Thursday, 4 March 2021 commencing AT 2.00 pm

PRESENT: Mr R Hazlett (Chair), Mr M Harris (Deputy Chair), Cr S Duncan, Mr D Helm, Ms S Umbers

IN ATTENDANCE: S Jacobs (Chief Executive Officer), L Macdonald (Executive Manager - Corporate Services), J Muir (Executive Manager - Infrastructure Services), G Bailey (Parks and Recreation Manager) (via Microsoft Teams), J McCallum (Roading Manager), D McKewen (Accountant) W McEnteer (Governance Support Officer)

1 Public Forum

Alistair Watt – Hall’s Ford bridge on Maniototo Road.

Mr Watt queried whether the Hall’s Ford bridge would be replaced after the recent rain event. He was hopeful that it would be repaired. He also queried who makes the ultimate decision on the future of bridges and fords.

John McMillian – Section sizes in Ranfurly

Mr McMillian discussed section sizes on the outskirts of Ranfurly. He mentioned that section sizes in rural zoned areas must be at least ten hectares and that some people may wish to build a house and have a bit of land with it, but not that amount. He said he had a piece of land zoned rural that he would like to break in half to two five hectare blocks but was prevented from doing this under current zoning. He advocated for a review on land sizes for land zoned rural to allow smaller blocks.

2 Apologies

There were no apologies at this meeting.

3 Condolences

The Chair referred to the deaths of Denis Stumbles, Muriel Cleugh and Margaret Bootsma. Members stood and observed a minute’s silence as a mark of respect.

4 Confirmation of Minutes

Committee Resolution

Moved: Duncan

Seconded: Helm

That the public minutes of the Maniototo Community Board meeting held on 20 January 2021 be confirmed as a true and correct record.

Carried

5 Declaration of Interest

Members were reminded of their obligations in respect of declaring any interests. There were no further declarations of interest.

6 Reports for Decisions

Note: The Parks and Recreation Manager joined the meeting via Microsoft Teams for item 21.2.2.

21.2.2 Maniototo Fees and Charges 2021-22 Schedule

To approve the draft fees and charges schedule for the Maniototo Community Board and recommend that Council include these fees and charges in the 2021-31 Long-term Plan.

Committee Resolution

Moved: Umbers

Seconded: Harris

That the Maniototo Community Board

A. Receives the report and accepts the level of significance.

B. Recommends to Council to accept the changes for the Maniototo Ward to the Fees and Charges Schedule for 2021/22 as detailed and highlighted in Appendix 1.

C. Recommends Council adopt the fees and charges related to the Maniototo Ward as part of the Council’s annual fees and charges for the 2021/22 financial year.

Carried

7 Reports for Information

21.2.3 Maniototo Financial Report For The Period Ending 31 December 2020

To consider the financial performance overview as at 31 December 2020.

Committee Resolution

Moved: Duncan

Seconded: Helm

That the report be received.

Carried

8 Mayor’s Report

His Worship the Mayor was not present at the meeting.

9 Chair's Report

21.2.4 Chair's Report

The Chair gave an update on activities and issues since the last meeting:

· Had a meeting with Stewart Patterson about the demolition of the old hospital site.

· Caught up with Andrew Concannon about the trees at Patearoa opposite the hall. These trees are in the power lines and are scheduled for removal.

· Discussed the trees at the Waipiata Domain. Noted that they were part of the Taieri Lakes reserve.

· Discussed the recent flooding event in particular the state of bridges afterwards and communications.

· Had an email from Donald Carey regarding a sign referring to cycling outside his property.

· Discussed the current Three Waters legislation and reforms.

· Had a meeting in Oturahua to discuss the Hill’s Creek bridge. Reported that structural engineers had visited the site.

· Referred to the trees on Bullock Dray Road and reported that they were yet to be felled.

Committee Resolution

Moved: Duncan

Seconded: Harris

That the report be received.

Carried

10 Members' Reports

21.2.5 Members' Reports

Members gave an update on activities and issues since the last meeting:

Ms Umbers reported on the following:

· Mentioned that the poplar trees at the domain were growing again and required spraying or cutting. She also mentioned the continued growth of broom there.

· Reported that the bin that used to be at the caravan dump station in Ranfurly was still missing.

· Reported that a few of the bench seats in Ranfurly, including one near to the school were in need of new paint as most of it had come off.

Mr Harris had nothing to report.

Mr Helm reported on the following:

· Lamented that the A&P Show and the rodeo had been cancelled due to COVID-19 restrictions.

· Attended the centennial of the Soldiers Syndicate which included a dinner at Dansey’s Pass with about 100 people present.

Councillor Duncan reported on the following:

· Attended the Maniototo business meeting. Mentioned that some businesses would have liked further communications regarding the potential length of the boiled water notice in the Maniototo however said there was good communication during the weather event.

· Mentioned that gravel flows out of the mountains were massive at the moment and it came up in the regional roads meeting recently.

· Attended a meeting in to Wellington to discuss the shearing industry.

· Reflected on the recent community COVID-19 cases in Auckland and noted that there had been a number of rail trail cancellations. He also mentioned the upcoming Wanaka A&P show and hoped that COVID-19 restrictions might be eased in time for the event to go ahead.

· Discussed a recent roading meeting with the Otago Regional Council and mentioned that about $80 million was planned to be spent on park and ride stations in Dunedin. He reflected that it was important for projects in Central Otago to also be on the list of planned projects.

Committee Resolution

Moved: Helm

Seconded: Umbers

That the report be received.

Carried

11 Status Reports

21.2.6 Governance Report

To report on items of general interest, receive minutes and updates from key organisations and consider the legacy and current status report updates.

Committee Resolution

Moved: Umbers

Seconded: Harris

That the report be received.

Carried

12 Date of the Next Meeting

The date of the next scheduled meeting is 15 April 2021.

13 Resolution to Exclude the Public

Committee Resolution

Moved: Duncan

Seconded: Harris

That the public be excluded from the following parts of the proceedings of this meeting.

The general subject matter of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48 of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Ground(s) under section 48 for the passing of this resolution
21.2.7 - Confidential Governance Report	s7(2)(i) - the withholding of the information is necessary to enable Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations)	s48(1)(a)(i) - the public conduct of the relevant part of the proceedings of the meeting would be likely to result in the disclosure of information for which good reason for withholding would exist under section 6 or section 7

Carried

The public were excluded at 3.35 pm.

The Meeting closed at 3.45 pm.

...................................................

CHAIRPERSON

15 April 2021

6 Reports for Decisions

21.3.2 Application for easement in favour of OtagoNet Limited

Doc ID: 526893

1. Purpose of Report

To consider granting an easement (in gross) over Section 157 Survey Office Plan 21129, Lot 1 Deposited Plan 307769, and Section 80 Block I Naseby Survey District (recreation reserve) to OtagoNet Limited.

Recommendations

That the Maniototo Community Board

A. Receives the report and accepts the level of significance.

B. Agrees to grant an easement (retrospectively, in gross) to OtagoNet Limited over Section 157 Survey Office Plan 21129, Lot 1 Deposited Plan 307769 and Section 80 Block I Naseby Survey District, to legalise the existing infrastructure for $1, subject to:

· All costs associated with surveying the existing infrastructure, and with preparing and registering the easement being met by OtagoNet Limited; and,

· The Minister of Conservation’s consent to the easement over Lot 1 Deposited Plan 307769 and Section 80 Block I Naseby Survey District being recreation reserve.

C. Authorises the Chief Executive to do all that is necessary to give effect to the resolution.

2. Background

Transpower New Zealand (Transpower) are upgrading their 220kV overhead (pylon-based) network. This is to mitigate the effect of the Tiwai Aluminium Smelter closing its operation at Bluff which has resulted in a surplus of power in the south.

To upgrade the 220kV network Transpower will add an extra conductor to each overhead line. This is called duplexing. Duplexing will enable Transpower to transmit more power from the Manapouri Power Station into the wider National Grid.

In some locations Transpower’s 220kV network passes over other overhead networks. Where this occurs, the other network is now required to re-route and/or underground their overhead lines. This is because the Transpower network takes precedence over all other networks.

The undergrounding of the other network’s lines will reduce the possibility of outages to that network’s customers while the duplexing occurs. It will also ensure the safety of Transpower’s staff and contractors while the works are undertaken.

Transpower have a 220kV overhead network which runs through the Maniototo. The network runs eastward crossing the Naseby – Ranfurly Road and Channel Road just south of Naseby. The Transpower network continues east before veering northward out of the Maniototo through the Danseys Pass.

The Transpower network to the south of Naseby is shown in red below in figure 1.

Figure 1 –The Transpower (shown in red) and OtagoNet (shown in green) electricity networks south of Naseby.

OtagoNet Limited (OtagoNet) have a 33kV overhead network that runs up Channel Road into Naseby. Their overhead network is shown in green in figure 1. The OtagoNet overhead network passes under the Transpower lines just south of Naseby’s indoor and outdoor curling rinks.

Naseby’s indoor and outdoor curling rinks are located on Lot 1 Deposited Plan 307769 and Section 80 Block I Naseby Survey District.

In 2004, OtagoNet upgraded their Channel Road network to enable them to supply power to the new indoor curling rink. The same network was again upgraded in 2015 as part of OtagoNet’s scheduled maintenance programme. More recently, OtagoNet were notified by Transpower that they were required to underground their network through the cross point of the two networks.

The schedule of works required to underground the section of OtagoNet’s 33kV lines through the cross point include:

· removing pole 818102 and replacing it with a new termination pole.

· erecting a new termination pole (with pole mounted transformer) to the south of pole 818179.

· removing pole 818179.

· installing approximately 85 metres of underground cable in the land between the two new termination poles to reconnect the network.

A plan of the infrastructure through the cross point prior to the undergrounding is shown below in figure 2.

Figure 2 – Cross point of Transpower and OtagoNet networks over Lot 1 DP 307769.

In accordance with Transpower’s notification OtagoNet have since completed the schedule of works and undergrounded their lines through the cross point of the two networks.

On completion it was determined that the undergrounding (and the two previous upgrades) had not occurred in road reserve. The works have taken place in the following parcels of land:

· Lot 2 DP 307769.

· Section 157 Survey Office Plan.

· Lot 1 DP 307769.

· Section 80 Block I Naseby Survey District.

Lot 2 DP 307769 is owned by a private company. OtagoNet will deal with the owner of the property to obtain any rights they require over Lot 2.

Section 157 Survey Office Plan 21129 (Section 157) is a Council-owned fee simple title. The land is the Naseby closed landfill site. It is currently vacant.

Lot 1 DP 307769 (Lot 1) and Section 80 Block I Naseby Survey District (Section 80) are recreation reserve. Lot 1 vested in Council as recreation reserve on deposit in 2002. Section 80 was vested in Council as a public recreation ground in 1914. It was reclassified recreation reserve in 1982.

As the works through Section 157, Lot 1, and Section 80 have been completed and are not covered by OtagoNet’s existing use rights, they have now applied to Council for an easement over Section 157, Lot 1, and Section 80.

The application is being made retrospectively to legalise the infrastructure in its current formation.

3. Discussion

Legal

Section 157 is a Council-owned fee simple title. As a fee simple title, Council may grant an easement over Section 157 (or any part thereof) on any terms or conditions which Council deems appropriate.

As Lot 1 and Section 80 are recreation reserve, they are subject to the Reserves Act 1977.

Section 48 of the Reserves Act 1977 states that in the case of reserves vested in an administering body, the administering body, may with the consent of the Minister (of Conservation) and on such conditions as the Minister thinks fit, grant easements over any part of a reserve for an electrical installation or work, as defined in section 2 of the Electricity Act 1992.

Section 2 of the Electricity Act 1992 defines an electrical installation as “all fittings beyond the point of supply that form part of a system that is used to convey electricity to a point of consumption”. The poles, overhead wires, underground cable, and transformer all meet this definition.

The purpose of the Reserves Act 1977 is to provide for and to protect reserves for the benefit of the community. Therefore, the issuing of rights over a reserve is generally accepted as being a last resort in the absence of other practical alternatives, particularly where there is likely to be a material effect on the reserve.

Effect of the Infrastructure on the Reserve

OtagoNet’s infrastructure is located just inside the eastern boundary of the reserve. Access to and parking for the curling rinks have been constructed around the infrastructure. For all intents and purposes, this area of the reserve does appear to be road reserve.

The granting of an easement to legalise the existing infrastructure will not materially alter the land, nor compromise its use. In fact, as the 2004 upgrade provided for the supply of power to a new recreational facility, OtagoNet have assisted with enhancing recreational activities on the reserve.

Council Policy

Section 157, Lot 1, and Section 80 are identified on Map 23 of Council’s Operational District Plan. The underlying designation of the area that the easement would apply to is rural.

Section 157 is subject to multiple designations including “Refuse Management Purposes”, “Road” and “Amenity Planting Purposes”.

Lot 1 and Section 80 are designated “Recreational Purposes”.

The electrical works are a permitted activity under rule 13.7.7 of the Operational District Plan as shown below:

13.7.7 Operation, maintenance, repair, upgrading and removal of network utilities

(i) The operation, maintenance, repair, replacement, reconstruction and upgrading of network utilities including the transmission network (including existing network utilities and earthworks to maintain the utility’s function) is a permitted activity.

Financial

Historically, easements of this nature are exchanged for the nominal rate of $1, with all costs associated with preparing and registering the easement being payable by the grantee.

As OtagoNet were required to undertake the works at the direction of a third party, and the initial upgrade related to a recreational activity on Council reserve, it is proposed that the nominal rate of $1 also be levied in this instance.

4. Options

Option 1 – (Recommended)

To grant an easement (retrospectively, in gross) to OtagoNet Limited over Section 157 Survey Office Plan 21129, Lot 1 Deposited Plan 307769 and Section 80 Block I Naseby Survey District, to legalise the existing infrastructure for $1, subject to:

· All costs associated with surveying the existing infrastructure, and with preparing and registering the easement being met by OtagoNet Limited; and,

· The Minister of Conservation’s consent to the easement over Lot 1 Deposited Plan 307769 and Section 80 Block I Naseby Survey District being recreation reserve.

Advantages:

· OtagoNet Limited’s network over Section 157 Survey Office Plan 21129, Lot 1 Deposited Plan 307769 and Section 80 Block I Naseby Survey District will be legalised.

· The ongoing supply of power to the curling rinks and the wider community of Naseby will be maintained.

· The operation, maintenance, repair and upgrading of network utilities is consistent with Council’s Operational District Plan.

· An easement for electrical installations is permitted under the Reserves Act 1977.

Disadvantages:

· None.

Option 2

To not grant an easement (retrospectively, in gross) to OtagoNet Limited.

Advantages:

· None.

Disadvantages:

· OtagoNet’s network over Section 157 Survey Office Plan 21129, Lot 1 Deposited Plan 307769 and Section 80 Block I Naseby Survey District will not be legalised.

· The ongoing supply of power to the curling rinks and the wider community of Naseby may be jeopardised.

· Does not recognise the provisions of the Reserves Act 1977.

5. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the economic and social wellbeing of the community by legalising the existing OtagoNet occupation which will ensure the ongoing supply to the curling rinks and the wider community of Naseby.
Financial implications – Is this decision consistent with proposed activities and budgets in long term plan/annual plan?	There are no financial implications for Council relating to this decision as all costs associated with the surveying of the infrastructure and the creation of the easement would be met by OtagoNet Limited.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	The electrical works are a permitted activity under rule 13.7.7 of Council’s Operative District Plan, with the recommended option also being consistent with the Electricity Act 1992.
Considerations as to sustainability, the environment and climate change impacts	No sustainability, environmental or climate change impacts are related to the decision as the legalisation of the existing infrastructure would have no further material effect on the land.
Risks Analysis	There are no risks to Council associated with the recommended option.
Significance, Consultation and Engagement (internal and external)	The Significance and Engagement Policy has been considered, with none of the criteria being met or exceeded.

6. Next Steps

The following steps will be undertaken in association with having the easement registered:

1. Community Board Approval 15 April 2021

2. Consent of the Minister of Conservation 05 May 2021

3. Applicant advised works approved Mid May 2021

7. Attachments

Nil

Report author:	Reviewed and authorised by:

Linda Stronach	Louise van der Voort
Property Officer - Statutory	Executive Manager - Planning and Environment
9/03/2021	31/03/2021

Maniototo Community Board meeting

15 April 2021

Maniototo Community Board Status Report on Resolutions

Chief Executive Officer

Resolution 20.6.5 – November 2020

Maniototo Promotions Grant Applications 2020-21 Financial Year (Doc ID 511290)

That the Board:

A. Receives the report and accepts the level of significance.

B. Approves a grant of $1,364 to Naseby Information and Crafts Incorporated for printing of 10,000 copies of a Naseby See & Do guide brochure.

Requested $1,364 Approved $1,364

STATUS CLOSED

April 2021 – copy of printed brochure and invoice received attached. Report back complete.

February 2021 – no further update on report back – staff to follow up.

January 2021 – Applicant advised of resolution with information re uplifting grant. Grant uplifted. Staff to request report back asap.

November 2020 – Action memo sent to the Media and Marketing Manager

Planning and Environment

Resolution 20.3.6

Lease of Kyeburn Reserve (Doc ID 446033)

That the Board:

A. Receives the report and accepts the level of significance.

B. Agrees to formally acknowledge that the Kyeburn Hall is owned by the Kyeburn Hall Committee.

C. Agrees to recommend that Council grants the Committee a lease pursuant to Section 61 (2A) of the Reserves Act 1977, on the following terms:

1. Permitted use: Community Hall

2. Term: 33 years

3. Rights of Renewal: None

4. Land Description: Sec 20 Blk VII Maniototo SD

5. Area: 0.4837 hectares

6. Rent: $1.00 per annum if requested

Subject to the Kyeburn Hall Committee:

1. Becoming an Incorporated Society

2. Being responsible for all outgoings, including utilities, electricity telephone, rubbish collection, rates and ground maintenance.

STATUS

February - April 2021 – Property and Facilities Officer - Ranfurly to meet Committee in May 2021 and discuss next steps.

September – December 2020 – Hall Committee are still working on getting their Incorporated status.

24 July 2020 – Council ratified the lease. Waiting for confirmation from the Hall Committee of their Incorporated status to issue the lease.

25 June 2020 – Kyeburn Hall Committee advised of Board’s resolution. Report for ratification of Lease going to Council on 15 July 2020.

June 2020 – Action memo sent to Property and Facilities Officer - Ranfurly

Resolution 19.5.9 – September 2019

Ex Patearoa School Building – Consent to Sublease (PRO 64-5111-L1)

A. RESOLVED that the report be received and the level of significance accepted.

B. RESOLVED that the Board consent to the Patearoa Community Trust Incorporated subleasing the school building to Dairy Farm Partnership for a term expiring 31 December 2021, subject to the Chief Executive Officer being satisfied with the sublease agreement.

C. RESOLVED that the Board consent to a variation of the lease between the Patearoa Community Trust Incorporated and Council by amending clause 3.2 to refer specifically to any future income from “a camping ground”, when the Trust income from the reserve is greater than operating costs.

STATUS ON HOLD

September 2020 – Updates to resume once matter no longer on hold.

May – July 2020 – No further progress to date

March 2020 – As per the below. Resolution to be placed on hold until the agreement has been received.

January 2020 - Patearoa Community Trust have advised that they are on hold with the proposed sub-lease with Dairy Farm Partnership.

November 2019 – Council’s Property and Facilities Officer – Maniototo has followed up with the Patearoa Community Trust and is waiting to view the agreement between the Trust and Dairy Farm Partnership.

October 2019 – Action memo sent to the Property and Facilities Officer – Maniototo.


AGENDA Maniototo Community Board Meeting Thursday, 15 April 2021
Date:	Thursday, 15 April 2021
Time:	2.00 pm
Location:	Ranfurly Service Centre, 15 Pery Street, Ranfurly
(Unless Central Government changes COVID-19 meeting restrictions before then, in which case it will be held electronically using Microsoft Teams and livestreamed) Sanchia Jacobs Chief Executive Officer

Name	Member’s Declared Interests	Spouse/Partner’s Declared Interests	Council Appointments
Stuart Duncan	Penvose Farms - Wedderburn Cottages and Farm at Wedderburn (shareholder) Penvose Investments - Dairy Farm at Patearoa (shareholder) Fire and Emergency New Zealand (member) JD Pat Ltd (Shareholder and Director)	Penvose Farms - Wedderburn Cottages and Farm at Wedderburn (shareholder) Penvose Investments - Dairy Farm at Patearoa (shareholder)	Otago Regional Transport Committee Patearoa Recreation Reserve Committee Design and Location of the Sun for the Interplanetary Cycle Trail Working Group
Mark Harris	Maniototo Lions (member) Ranfurly Curling Club (member)		Patearoa Water Scheme Liaison Committee
Robert Hazlett	D S Hazlett & Sons (Director)		Taieri Lake Recreation Reserve Committee
Duncan Helm	Maniototo Rugby Club (Life member) Sassenachs Rugby Club (member) Garibaldi Curling Club (member) St John Ambulance (Officer and Committee member) Sheep and beef farm (owner) Gimmerburn Cemetery (Committee member)	Nurse Manager at Maniototo Hospital
Sue Umbers	Maniototo Health Services		Maniototo Community Arts Council

Report author:	Reviewed and authorised by:

Wayne McEnteer	Julie Muir
Governance Support Officer	Acting Chief Executive Officer
31/03/2021	6/04/2021