Community funding, facilities and support

Parkland considerations

Each application for a new building on parkland must be considered against the criteria presented in this section.  The term ‘parkland’ is used within these guidelines to encompass:

  • parks (land not reserved under the Reserves Act 1977 and generally administered under the Local Government Act 2002)
  • reserves (land that is reserved under the Reserves Act 1977)
  • mixtures of the two (e.g. the former Auckland Regional Council regional parks).

Criteria for applications

Applications for community occupancy agreements associated with new buildings on parkland will be considered against the following:

  • the consistency with both the zoning for the parkland under the relevant District Plan and the reserve classification for parkland if managed under the provisions of the Reserves Act 1977
  • the consistency with all additional acts that guide Council in the management of the area of interest, such as the Historic Places Act 1993 and the Conservation Act 1987
  • whether the proposal is in conformity with and contemplated in the approved management plan for the parkland
  • the consistency with other approved consents, concessions, leases and licences active on the area of parkland under consideration
  • the suitability of the site (i.e. land stability and sea level rise) and whether other planning requirements (such as wastewater, storm water, access and egress and parking) can be met in the location
  • whether any adverse effects, including cumulative effects of the proposal on the park values, park infrastructure, approved activities, the enjoyment of other park users and adjoining communities can be sufficiently avoided, mitigated or remedied
  • the degree to which persons affected by the proposal (including tangata whenua) support the application through any relevant oral or written submissions received
  • the potential to set a precedent that could give rise to similar activities, which in combination may result in adverse cumulative effects on regional parks in the future
  • the degree to which exclusion of the public is necessary for the protection of public safety, the security or competent operation of the proposed activity
  • the benefits to the local and regional community and tangata whenua
  • whether the proposal could reasonably be undertaken in another location on the park, on another park entirely or on another location which is not on a park, where the potential adverse effects would be significantly less.

Reserves Act 1977 considerations

Public notification and prior consent from the Minister of Conservation is required in the event a proposed lease or licence of reserved land not in conformity with or contemplated in the relevant reserve management plan. The only exception to this requirement is if the associated resource consent application for the proposal has been publicly notified under section 93 of the Resource Management Act 1991. 

Where a community occupancy agreement is granted on land held under the Reserves Act 1977, it shall be for a term not exceeding 33 years, with or without a right of renewal, perpetual or otherwise, for the same or any shorter term.

Community occupancy agreements on parkland held under the Reserves Act 1977 that include a commercial use must show that the trade, business or occupation must be necessary to enable the public to obtain the benefit and enjoyment of the reserve, or for the convenience or people using the reserve.

Additional considerations

Conditions may be imposed on any community occupancy agreement to protect the park environment, the health, safety and wellbeing of visitors, and to facilitate park operations.  These include but are not limited to:

  • the location and duration of the activity
  • the time of day or time of year the activity may be undertaken
  • measures for mitigating adverse effects on the environment and natural and heritage resources
  • measures for monitoring the effects of the activity
  • the number of people (including participants, spectators and support staff / volunteers) who may participate
  • the use of park facilities or services 
  • health and safety factors
  • a trial period to assess the effects of the activity on the park
  • meeting accreditation and / or training requirements
  • any modifications / alterations to the proposed activity and associated infrastructure
  • sub-leasing
  • the review of the approval and / or any conditions imposed
  • any other matter Council considers relevant to ensure the activity is compatible with the objectives of this plan.

These conditions may be reviewed where:

  • additional buildings and / or structures are proposed
  • the scale and / or nature of use is proposed to change or has changed over time
  • adverse effects are occurring on the park environment or on other park users
  • the park environment has substantially changed through natural processes (e.g. coastal erosion)
  • monitoring has identified that the lessee or licensee is under-utilising a building or space in relation to the original terms and conditions of their lease or licence. 

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