Agenda of Maniototo Community Board - Thursday, 19 September 2024

Maniototo Community Board Agenda

19 September 2024

MINUTES OF A meeting of the
Maniototo Community Board
HELD IN THE Ranfurly Service Centre, 15 Pery Street, Ranfurly
AND LIVE STREAMED VIA MICROSOFT TEAMS ON Thursday, 8 August 2024 commencing AT 2.00 pm

PRESENT: Mr R Hazlett (Chair), Mr M Harris, Cr S Duncan

IN ATTENDANCE: T Cadogan (Mayor), P Kelly (Chief Executive Officer) (via Microsoft Teams), L van der Voort (Group Manager - Planning and Infrastructure), Q Penniall (Infrastructure Manager), S Righarts (Group Manager - Business Support) (via Microsoft Teams), D Scoones (Group Manager - Community Experience) (via Microsoft Teams), D McKewen (Systems and Corporate Accountant), D Charleville (Cromwell Pool Team Leader), W McEnteer (Governance Manager)

1 ApologiES

Apology

Committee Resolution

Moved: Duncan

Seconded: Harris

That the apologies received from Mr Helm and Ms McAuley be accepted.

Carried

2 Public Forum

There was no public forum.

3 Condolences

The chair referred to the death of Gerald Dowling. Members stood for a moment’s silence as a mark of respect.

4 Confirmation of Minutes

Committee Resolution

Moved: Harris

Seconded: Duncan

That the public minutes of the Maniototo Community Board Meeting held on 20 June 2024 be confirmed as a true and correct record.

Carried

5 Declarations of Interest

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

6 Reports

24.8.2 Amendment to Standing Orders - Members Joining Remotely Counting as Quorum

To consider amending the Standing Orders to continue to have members joining remotely to be part of quorum.

Committee Resolution

Moved: Duncan

Seconded: Harris

That the Maniototo Community Board

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

B. Agrees to amend the Standing Orders as indicated in Appendix One of the report to allow remote participants to be counted as quorum.

C. Adopts the updated Standing Orders for Community Boards.

D. Notes the updated Standing Orders for Community Boards will come into force on 9 August 2024.

Carried

24.8.3 Interim Maniototo Financial Report for the Period Ending 30 June 2024

To consider the financial performance overview as 30 June 2024.

Committee Resolution

Moved: Duncan

Seconded: Harris

That the report be received.

Carried

7 Mayor’s Report

24.8.4 Mayor's Report

His Worship the Mayor noted the following in his report:

- Noted recent successes for the Mayor’s Taskforce for Jobs.

- Noted a recent letter received from the Minister for Local Government regarding water infrastructure.

- Noted the meeting on districtisation in the Maniototo tonight.

Committee Resolution

Moved: Duncan

Seconded: Harris

That the Maniototo Community Board receives the report.

Carried

8 Chair's Report

24.8.5 Chair's Report

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

- Noted the exploratory was drilling taking place in Goff Road.

- Had received plenty of questions from the public regarding rates and levels of service.

- Had also received questions regarding districtisation.

- Noted the wastewater inspections, which were nearly finished.

- Noted questions from the community regarding the Styx Bridge and who would be cover the final cost.

Committee Resolution

Moved: Duncan

Seconded: Harris

That the report be received.

Carried

9 Members' Reports

24.8.6 Members' Reports

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

Mr Harris reported on the following:

- Had received complaints from the public regarding rates rises.

- Noted questions from the public regarding when library door would be finished.

Cr Duncan reported on the following:

- Attended a meeting of the Upper Taieri Wai catchment group.

- Attended a Tiaki Maniototo meeting.

- Attended a workshop for Audit and Risk.

- Noted a meeting regarding an overview of the water quality in the local mains.

- Noted questions from the community regarding when Styx Bridge would be repaired.

- Noted a bit of frustration amongst the community – particularly in regard to districtisation.

Committee Resolution

Moved: Harris

Seconded: Duncan

That the report be received.

Carried

10 Status Reports

24.8.7 August 2024 Governance Report

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

Committee Resolution

Moved: Harris

Seconded: Duncan

That the report be received.

Carried

11 Date of the Next Meeting

The date of the next scheduled meeting is 19 September 2024.

The meeting closed at 2:45 pm.

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

CHAIR / /

19 September 2024

6 Reports

24.9.2 2024/25 Community and Promotions Grants Applications - 1st Funding Round

Doc ID: 1858780

Report Author:

Alison Mason, Media and Marketing Manager

Rebecca Williams, Community Development Advisor

Reviewed and authorised by:

Dylan Rushbrook, Group Manager - Community Vision

1. Purpose of Report

To consider the first round of the community and promotions grant applications for the 2024/25 financial year.

Recommendations

That the Maniototo Community Board

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

B. Decides the grants to be allocated to the applicants of the community and promotions grants.

2. Background

The Central Otago District Council contributes to the social, economic, environmental and cultural well-being of the local community through the contestable grants process.

The objectives of the grants process are:

· Enhance well-being in the district (social, economic, environmental and cultural)

· Empower local communities

· Facilitate the delivery of community outcomes

· Promote our regional identity: Central Otago A World of Difference.

There are two types of grants that can be applied for, community grants and promotions grants. Each are funded using different targeted rates, which means that one pool cannot subsidise the other. Each application must be considered on its own merit and fit with the relevant grant criteria and available budget.

The Board considers grant applications in two rounds annually. This is the first round of funding for the 2024/25 financial year. Applications for this funding round closed on the 7^th of July 2024 for a decision at this meeting.

The Maniototo Community Board is delegated the authority to consider applications for activities and projects within its boundaries.

Annually, there is $15,000 to distribute in the Maniototo community grants scheme and $5,000 to distribute in the promotions grants scheme.

3. Discussion

Community Grants

Two community grant applications have been received in the current round requesting a total of $12,800. There is a total of $15,000 for community grants to distribute for both this initial round and the scheduled second round of funding in the first half of 2025.

The details of this round’s applications are provided in the table below:

	Name of Organisation	Name of project / service	Purpose of funding	Total costs	Amount requested
1	Maniototo Early Settlers Association Inc	Maniototo Early Settlers Museum Association	Annual Operating Costs	$11,280.00	$8,300.00
2	Naseby Information and Craft Inc.	2024 - 25 operating expenses	Insurance; Lighting and Heating; Office/Admin. Costs; Tele Communications	$4,550.00	$4,500.00

Copies of the application, supporting documentation and staff assessment are provided to Board members under separate cover.

Promotion Grants

One promotions grant application has been received in the current round requesting a total of $1,437 from the current financial year. There is $5,000 to distribute for this round and the second round in the first half of 2025. The details are provided in the table below:

No	Name of Organisation	Name of project / service	Purpose of funding	When does the project start	Total costs	Amount requested
3	Tiaki Maniototo	Taiari Wai River Festival 2025	Portaloos	18 Jan 2025	$11,632	$1,437

Copies of the applications, supporting documentation and staff assessments are provided to Board members under separate cover.

4. Financial Considerations

As detailed above, the Board has $15,000 to distribute for the 2024/25 Community Grants round and $5,000 for the 2024/25 Promotions Grants.

The Board has the delegated authority to spend within this budget. Any recommendations above these amounts would fall outside of that delegation and would need to be by way of a recommendation to Council.

5. Options

The Board is asked to consider each application and determine the appropriate level of funding. There are no other options as the Board has the delegation to allocate grants from the contestable funds.

6. Compliance

Local Government Act 2002 Purpose Provisions	This decision promotes the social, cultural, economic and environmental wellbeing of communities, in the present and for the future by providing a contestable funding pool that enables projects to be delivered in the community that enhance well-being.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Yes, this decision is consistent with the Grants Policy, and other plans and policies that may be impacted by any of the individual grant applications.
Considerations as to sustainability, the environment and climate change impacts	There is no direct impact, though some applications may have a positive environmental impact. The Tiaki Maniototo project aims to improve awareness of freshwater conservation.
Risks Analysis	There are risks where large groups of people come together at events. A Health and Safety plan must be submitted with any Council property bookings for events. No other risks have been identified in the funding applications. It is each grant recipient’s responsibility to obtain and/or have in place the appropriate consents, plans and licences (including resource consent, health and safety plans etc.) as required by legislation, agencies, property owners and/or individuals to undertake the projects.
Significance, Consultation and Engagement (internal and external)	The funding rounds were advertised in the local newspaper, Council’s website and Facebook page, and through combined agency community funding clinics. Discussions with departments of Council have taken place where there are impacts arising from the application.

7. Next Steps

Once the Board has made a decision on the level of funding for each organisation, this will be communicated to each applicant and payments made.

8. Attachments

Appendix 1 - Maniototo Early Settlers Association Staff Assessment (under separate cover) ⇨

Appendix 2 - Maniototo Early Settlers Association Grant Application (under separate cover) ⇨

Appendix 3 - Maniototo Early Settlers Association Supporting Documents (under separate cover) ⇨

Appendix 4 - Naseby Information and Craft Inc. Staff Assessment (under separate cover) ⇨

Appendix 5 - Naseby Information and Craft Inc. Grant Application (under separate cover) ⇨

Appendix 6 - Naseby Information and Craft Inc. Supporting Documents (under separate cover) ⇨

Appendix 7 - Tiaki Maniototo_Staff Assessment (under separate cover) ⇨

Appendix 8 - Tiaki Maniototo_Grant Application (under separate cover) ⇨

Appendix 9 - Tiaki Maniototo_Supporting Documents (under separate cover) ⇨

19 September 2024

24.9.3 Legalisation of Fennessy Road

Doc ID: 1863016

Report Author:	Linda Stronach, Team Leader - Statutory Property
Reviewed and authorised by:	Louise van der Voort, Group Manager - Planning and Infrastructure

1. Purpose of Report

To consider a proposal to legalise the current formation of Fennessy Road.

Recommendations

That the Maniototo Community Board

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

B. Recommends to Council that it agrees to legalise the start of Fennessy Road, as formed, and to stop part of the unformed legal road, in accordance with Schedule 1, subject to:

- The provisions of the Public Works Act 1981.

- The existing fence lines becoming the new legal boundaries.

- The land identified in the schedule as Parcels A – E being taken, then vested in Council as legal road.

- The road identified in the schedule as Parcels F – G being stopped, then amalgamated as outlined in the schedule above.

- The land being taken for road being exchanged for the road that being stopped.

- Easements (in gross) in favour of, and as approved to the satisfaction of OtagoNet, being registered on the resulting titles.

- Helios Energy Limited (as the applicants) paying all easement and surveying costs and LINZ fees.

- Council’s paying the LINZ Accredited Supplier’s costs.

- Each party paying their own legal fees.

- The stopping and legalisation being approved by the Minister of Lands.

- The final survey plan being approved by the Chief Executive.

2. Background

The Road

Fennessy Road (the Road) runs northward off the Ranfurly – Naseby Road for about 3.5 kilometres, to its end at an intersection with an unnamed gravelled road. This end of the Road is gravelled and is in a poor condition as it predominantly used to access the surrounding forestry blocks.

The start of the Road, about 2.2 kilometres, is the most used stretch of the Road. It is well formed, gravelled, and is in reasonably good condition. This stretch of the Road provides access to the surrounding farmland, a forestry depot, and to a Transpower substation.

An overview of the Road, which adjoins the western side of the Ranfurly – Naseby Road, about 4.5 kilometres south of the Naseby township, is shown below in figure 1.

Figure 1 – Overview of the Start of Fennessy Road.

While the first 2.2 kilometres of the Road is well formed, over two thirds of it encroaches onto the neighbouring farmland. The most significant encroachment of the formed road is through the first 1.3 kilometres. Through this area, the formed road encroaches the western boundary in varying degrees, including its full width in some places. Less significant encroachments of the formed road occur at the corner before, and adjacent to, the Transpower substation. In this area, parts of the formed road encroach the eastern boundary.

Most of the unformed legal road to the east of the start of Fennessy Road has come to be occupied by, and fenced into, the adjacent farm. The opposite has taken place at the corner before, and adjacent to the Transpower substation, where the western side of the legal road has come to be fenced into the surrounding farm.

An overview of the formed road as it encroaches the legal boundaries, is shown in two parts, below in figures 2 and 3.

Figure 2 – Encroachment of the formed road through upper half of the start of Fennessy Road

Figure 3 – Encroachment of the formed road through the lower half of Fennessy Road.

The Applicants and Application

Helios Energy Limited (Helios) specialise in the development of large-scale solar projects. In October 2023, Helios announced that it was planning to construct a 300-megawatt solar farm on land between Naseby and Ranfurly. If constructed, the solar farm will generate enough electricity to power the equivalent of around 70,000 homes annually.

The land that Helios propose to construct the solar farm on is on Fennessy Road. Helios had planned to convey electricity from the site down Fennessy Road, then out to the wider electrical network via an underground cable, however. While researching its plans, Helios noted that Fennessy Road, as formed, did not sit within the bounds of the legal road. This presented conveyance issues because the Electricity Act 1992 provides registered utility network operators with the right to construct electrical infrastructure within legal road. While infrastructure can be (and often is) constructed on private land, it is either protected by virtue of the Electrical Act, or by the registration of easements pursuant to an agreement between the two parties.

With the formed road being out of alignment, Helios concluded that there were three options for conveying energy from the site to the wider network. Those options were deemed to be:

- putting the cables in the legal road, meaning the cable would be constructed in land occupied by the adjacent farm,

- laying them beside the formed road, which would require an easement from the owner of that land; or,

- to apply to Council to legalise the formed road, which would mean their infrastructure could be constructed and protected in accordance with the Electricity Act 1992.

After considering those options and the possible implications, Helios contacted the owner of the adjacent land to discuss the same. After that discussion, it was agreed that Helios would apply to legalise Fennessy Road, as formed, on behalf of the landowner, and that Helios would also pay all costs associated with the proposed legalisation.

3. Discussion

Roading Network

As discussed above, the start of Fennessy Road is well used. It is also well fenced on both sides. This means reforming the road within its legal alignment would be disruptive to traffic and to the operation of the adjacent farm. As the Road is also well formed, this would also carry unnecessary expense.

In consideration of the above, it is proposed that the formed road be legalised by taking about 1.4945 hectares of land from the adjacent landowner. In conjunction with that, it is further proposed that about 1.5020 hectares of legal road, be stopped and disposed of to the same landowner, with the existing fences becoming the new legal boundaries. A breakdown of the proposed legalisation is shown below in Schedule 1.

Land to be Taken for Road			Road to be Stopped
Parcel	From RT:	Area (ha.)	Parcel	To amalgamate with RT:	Area (ha.)
A.	OT 9C/612	0.0265	F.	OT 9C/1041	0.1440
B.	OT 9C/612	0.0630	G.	OT 10B/788	1.1830
C.	OT 9C/1041	1.0730	H.	OT 9C/612	0.0750
D.	OT 9C/1041	0.2535
E.	OT 10B/788	0.0785
Total Area (approx. ha.):		1.4945	Total Area (approx. ha.):		1.5020

Schedule 1 – Breakdown of proposed legalisation (Note: All areas are approximate only).

A plan of the legalisation, which has been agreed to in principle by the Roading Manager, is shown on the following page, as figure 4.

Figure 4 – Legalisation Plan (Quick Key: Red = Road to be Stopped | Green = Land to be Taken for Road)

Utility Networks & Provider Requirements

OtagoNet has advised that it has an overhead pole network running up the eastern side of the formed road. For the greater part, most of the pole network is located on the outside of the fenced boundary. As the fenced boundary is well inside the bounds of the legal road, this means the existing pole network is protected by the Electricity Act 1992.

If the formed road is legalised as proposed, and the fenced boundary becomes the legal boundary, parts of the existing pole network could come to be located in, or overhang, private property. If this occurs, OtagoNet have agreed to support the stopping subject to easements being registered to protect any part of their network that is no longer contained within the legal road.

Legislation, Policy, & Statutory Procedure

Council’s Roading Policy determines the appropriate statutory procedure for stopping a legal road or any part thereof. The policy for selecting the correct statutory process is outlined in section 8.5 of Council’s Roading Policy, which says:

The Local Government Act 1974 road stopping procedure shall be adopted if one or more of the following circumstances shall apply:

a) Where the full width of road is proposed to be stopped and public access will be removed as a result of the road being stopped; or

b) The road stopping could injuriously affect or have a negative or adverse impact on any other property; or

c) The road stopping has, in the judgment of the Council, the potential to be controversial; or

d) If there is any doubt or uncertainty as to which procedure should be used to stop the road.

The Local Government Act process requires public notification of the proposal. This involves erecting signs at each end of the road to be stopped, sending letters to adjoining owners/occupiers and at least two public notices a week apart in the local newspaper. Members of the public have 40 days in which to object.

The Public Works Act 1981 road stopping procedure may be adopted when the following circumstances apply:

e) Where the proposal is that a part of the road width be stopped and a width of road which provides public access will remain.

f) Where no other person, including the public generally, are considered by the Council in its judgment to be adversely affected by the proposed road stopping;

g) Where other reasonable access will be provided to replace the access previously provided by the stopped road (i.e. by the construction of a new road).

It is proposed that the Public Works Act 1981 procedures be adopted for this application for the following reasons:

- The proposal is to stop part of the road width only.

- Public access will not be adversely affected.

Additionally, the Public Works Act 1981 further provides for:

- Legal road to be stopped, sold, and amalgamated with an adjacent title.

- Private land to be taken, (bought by Council), then vested as legal road.

4. Financial Considerations

Policy & Costs

Council’s Roading Policy determines that the applicant is responsible for all costs associated with their road stopping. This includes purchase of the land at valuation, which is determined on a before and after basis, as prescribed in the Public Works Act 1981.

When legal road is stopped and sold, the income from the stopping is paid into the Roading Administration Management (Unsubsidised) cost centre. From there it is used to fund the correction of public roading issues or to contribute to stoppings that have an element of public benefit.

The policy also states that Council may, in its discretion, determine that there is an element of public benefit to the proposed road stopping, and may agree that the costs associated with the road stopping should be shared between the applicant and the Council in such proportions as the Council shall determine. This will normally only be considered in the situation where a section of formed road is located on private property, and a road stopping process is being undertaken in tandem with legalising the existing road alignment.

As the area of road that is to be stopped is about the same as the area of the formed road that is to be legalised, it is proposed that the costs be shared as follows:

- Helios (as the applicants) pay all surveying costs and LINZ fees.

- Helios (as the applicants) pay all costs associated with the surveying and registration of the OtagoNet easements and or any other relevant encumbrances.

- Council pays the LINZ Accredited Supplier’s Costs.

- Each party paying their own legal fees.

- The land being taken for road be exchanged for the road that is to be stopped.

An estimate of the costs outlined above is shown in the table below:

Cost description:	To be paid by:	Approximate Cost:
Surveying Costs and LINZ Fees	Helios	$15,000
Easement Registration & OtagoNet Costs	Helios	$ 5,000
LINZ Accredited Suppliers Costs	Council	$ 5,000
Council’s Legal Fees	Council	$ 3,500

Table 1 – Estimate of Overall costs

Council’s share of the costs will be paid from existing (Unsubsidised) Roading Administration Management budgets as provided for in the Roading Policy.

5. Options

Option 1 – (Recommended)

To recommend to Council that it agrees to legalise the start of Fennessy Road, as formed, and to stop part of the unformed legal road, in accordance with Schedule 1, subject to:

- The provisions of the Public Works Act 1981.

- The existing fence lines becoming the new legal boundaries.

- The land identified in the schedule as Parcels A – E being taken, then vested in Council as legal road.

- The road identified in the schedule as Parcels F – G being stopped, then amalgamated as outlined in the schedule above.

- The land being taken for road being exchanged for the road that being stopped.

- Easements (in gross) in favour of, and as approved to the satisfaction of OtagoNet, being registered on the resulting titles.

- Helios Energy Limited (as the applicants) paying all easement and surveying costs and LINZ fees.

- Council’s paying the LINZ Accredited Supplier’s costs.

- Each party paying their own legal fees.

- The stopping and legalisation being approved by the Minister of Lands.

- The final survey plan being approved by the Chief Executive.

Advantages:

· The formed road will be legalised which will enhance the roading network.

· The landowner’s occupation of the unformed legal road will be legalised.

· Provides a cost sharing opportunity.

· The solar farm’s electrical cables would be able to be constructed next to the formed road and would not require easements.

· Is consistent with the provisions of Council’s Roading Policy and the Public Works Act 1981.

Disadvantages:

· None.

Option 2

To not recommend to Council that it agrees to legalise the start of Fennessy Road, as formed, or to stop part of the unformed legal road.

Advantages:

· None.

Disadvantages:

· The integrity of the roading network will continue to be compromised.

· The landowner’s occupation of the unformed legal road will be legalised.

· A cost sharing opportunity would be lost.

· The solar farm’s electrical cables would have to be constructed in the legal road and would require easements.

· Does not recognise the provisions of Council’s Roading Policy or the Public Works Act 1981.

6. Compliance

Local Government Act 2002 Purpose Provisions	Road stopping applications are governed by Council’s Roading Policy, and the: - Public Works Act 1981, or the, - Local Government Act 1974. Road stoppings promote the economic wellbeing of the community by generating income from the disposal of land that is held (but not required) for roading purposes. Legalising formed road enhances the resilience of the existing roading network and is an effective method for addressing the encroachment of legal road.
Decision consistent with other Council plans and policies? Such as the District Plan, Economic Development Strategy etc.	Council’s Road Stopping Policy applies to the application. Consideration of this policy has ensured that the appropriate statutory process, being to legalise the road in accordance with the provisions of the Public Works Act 1981, will be followed.
Considerations as to sustainability, the environment and climate change impacts	Legalising the formed road as recommended is a sustainable and environmentally responsible option for resolving the current alignment issues. There are no climate change impacts related to the recommendation.
Risks Analysis	There are no risks to Council associated with the recommendation.
Significance, Consultation and Engagement (internal and external)	The Significance and Engagement Policy has been considered, with none of the criteria being met or exceeded. Notice of the completed road stopping will be published in the New Zealand Gazette.

7. Next Steps

1. Stopping/Legalisation approved 28 August 2024

2. Applicants advised of outcome On release of the resolution

3. Suppliers engaged August 2024

8. Attachments

Nil


AGENDA Maniototo Community Board Meeting Thursday, 19 September 2024
Date:	Thursday, 19 September 2024
Time:	2.00 pm
Location:	Ranfurly Service Centre, 15 Pery Street, Ranfurly (A link to the live stream will be available on the Central Otago District Council's website.)
Peter Kelly Chief Executive Officer

Report Author:	Christina Martin, Project Manager - Organisational
Reviewed and authorised by:	Saskia Righarts, Group Manager - Business Support

Report Author:	Sarah Reynolds, Governance Support Officer
Reviewed and authorised by:	Saskia Righarts, Group Manager - Business Support