T a u r a n a a City - Tauranga City Council

To: Council 

813 

From: Group Manager: Business Services 

Meeting Date: 2 December 2010 

Report No: DC 401 

Tauranaa City 

Title of Report: SCHEDULE OF DOCUMENTS EXECUTED UNDER SEAL 

Purpose of Report: Information / Monitoring 

Significance of Decision: Not Significant 

Report Writer(s): Kirstie Elder, Corporate Legal Adviser 

Summary 

This report provides information to Council on the documents that have been executed in the 

period 3 September to 12 November 2010. 

Confidential Attachment B 

Reason for Confidentiality 

Attachment B details documents executed from 3 September to 12 November 2010 where 

either the parties and / or the price are confidential. The reasons for confidentiality are to enable 

Council to carry on negotiations (including commercial and industrial negotiations) without 

prejudice or disadvantage; and/or to protect information which is subject to an obligation of 

confidence or which any person has been or could be compelled to provide under the authority 

of any enactment, where the making available of the information (i) would be likely to prejudice 

the supply of similar information, or information from the same source, and it is in the public 

interest that such information should continue to be supplied; or (ii) would be likely othenwise to 

damage the public interest; and/or to protect the privacy of natural persons. 

Transfer to Open 

Attachment B is to remain in the confidential section due to the reasons outlined above. 

TCC Ref: 3522691

Recommendation 

That it be Resolved 

90 

(a) That the Group Manager: Business Services' Report (DC 401) be received. 

(b) That Attachment B is to remain in the confidential section to enable Council to 

carry on negotiations (including commercial and industrial negotiations) 

without prejudice or disadvantage; and/or to protect information which is 

subject to an obligation of confidence; and/or to protect the privacy of natural 

persons pursuant to section 7(2) Local Government Official Information and 

Meetings Act 1987. 

OR 

(c) Other 

1. Background 

A schedule of documents executed under seal is regularly reported to Council. 

Attachment A details the documents executed from 3 September to 12 November 

2010 and includes a definition reference page. 

Attachment B (confidential attachment) details the documents executed in the same 

period where either the parties and / or the price are confidential. 

2. Decision-Making Considerations 

2.1 Significance of Issues and Matters 

The Local Government Act 2002 requires a formal assessment of the significance of 

matters and decisions in this report against Council's Significance Policy. In making 

this formal assessment the Council is not seeking to assess the importance placed 

on this issue by specific individuals, groups, or agencies within the community. 

Council acknowledges that all reports have a high degree of importance to 

individuals, groups, or agencies affected by the report. 

The decision and issues in this report have been assessed against the Significance 

Policy. In accordance with the general approach, criteria and thresholds of the policy, 

the author of this report considers that the decision and issues are not significant. 

This conclusion is based on the following factor: 

Decision / Issue or Matter 

Receipt of information on 

documents executed under 

Seal. 

Significant / Not 

Significant 

Not significant. 

Reason 

The report provides information 

on documents that have been 

executed under Council's 

delegated authority. While the 

subject matter of the 

documents may relate to 

significant issues, the reporting 

of their execution is not 

significant. 

TOO Ref: 3522691

3. Legal and Regulatory Issues 

91 

The reporting to Council of documents executed under seal is in accordance with the 

principles outlined in Section 14 of the Local Government Act 2002, which provide that 

a local authority should conduct its business in an open, transparent and 

democratically accountable manner. 

Dean Riley 

Group Manager: Business Services 

16 November 2010 

Attachments: A: Schedule of Documents that have been executed 3 September to 12 

November 2010. 

B: Confidential Attachment to Report DC 401 - Schedule of Documents that 

have been executed 3 September to 12 November 2010. 

TCC Ref: 3522691

Doc 

No. 

92 

ATTACHMENT A 

SCHEDULE OF DOCUMENTS THAT HAVE BEEN EXECUTED 

3 September to 12 November 2010 

Parties Document 

363 Refer Attachment B 

Otumoetai Sports & 

Recreation Club 

364 Incorporated 

365 Kakau Whanau 

IMF Backstop 

366 Limited 

Tauranga Moana 

367 Museum Trust 

Authorisation 

Statutory Land Charge 

Revenue to 

Council 

Registration of charge associated with Public 

Works Act (PWA) agreement. N N 

Deed of Variation of Lease 

Original lease varied due to extensions to the 

building by the lessee, on reserve land. 

Compensation Certificate 

For Section 17 PWA agreement - 899 State 

Highway 2. N 

Client Authority & Instruction for an Electronic 

Transaction 

Easements in gross - right to drain water at 162 

Whakakake Street. N 

Deed of Charitable Trust 

$1,000 

excl GST p.a. N 

Establishment of stand-alone Museum Trust. N N 

Authorisation & Notice of Entry on Land 

To gain access for investigation/sun/ey purposes 

White Pine Holdings in regard to Rodd Link Constructions at 

368 Ltd Sandhurst Drive/Grenada Street. 

New Zealand 

369 Transport Authority 

370 Surf Lifesaving NZ 

371 Ian & Angela Page 

Kad Family Trust 

372 Partnership 

Entry Agreement 

Permission to enter onto Tauranga City Council 

reserve land to test bores associated with SH 

2/Route K. 

Service Level Agreement 

Requirements related to the Regional Guard 

Programme 2010/11. 


Transaction 

Allow removal of easement in gross - stormwater 

drainage - 6 Page Street, Tauranga. N N 


Transaction 

Cancel building line restriction -1 Te Aro Place, 

Papamoa. N N 

$ Amount & , 

GST I 

$141,800 

excl GST 

TCC Ref: 3522691

Yvonne Marion 

373 Jones 

Real Cool Holdings 

374 Limited 

Rodney Wood, Kim 

Wood & Burley 

375 Attwood Trustees 

376 Fulton Hogan 

377 Malcolm Hunt 

378 Ian & Angela Page 

379 Phil Bourke 

380 Graeme Dohnt 

381 Toby Barach 

John Gibbons- 

382 Davies 

Cawte Investments 

Ltd, Barry & 

383 Catherine Cawte 

93 

Sale & Purchase Agreement 

Sale of a property surplus to requirements • 

176 Sixteenth Avenue. 


Transaction 

Agreement to sell stopped road - 6 York Avenue, 

Mount Maunganui. 

Advance Agreement and Compensation 

Certificate 

To purchase a stormwater drain at 12 Sophies 

Way, Papamoa. 

Contract TC22/10 

Remediation ofthe Seawall at 39 Keith Allen 

Drive, Marine Park. 

Warrant of Appointment 

$313,000 

incl GST 

$120,000 

excl GST 

Building Officer - Building Act 2004, LGA 2002 & 

Fencing of Swimming Pools Act 1987 - 

Emergency Entry onto Private Land (Building). N 


Transaction 

Allow removal of easement to drain water - 

6 Page Street, Tauranga. N N 


Drainage Operations Engineer, City Waters - LGA 

2002 & Public Works Act 1981 - Entry onto 

Private Land. N N 


Drainage Services Manager, City Waters - LGA 




Pollution Prevention Officer, City Waters - LGA 




Consents Manager, City Waters - LGA 2002 & 

Public Works Act 1981 - Entry onto Private Land. N N 

Section 75 Certificate 

Consent to build over a boundary - workshop 

storage - 26 and 34 Taurikura Drive. N 

$12,500 

excl GST 

(estimate) 

$85,000 

incl GST 

$240,000 

excl GST 

TCC Ref: 3522691

Devitt NZ Limited, 

Paul Ellis, Leonie 

384 Smith 

385 E Rae Decke 

386 Jane Groves 

387 Garry King 

388 Peter Mora 

Sandra Simpson- 

389 Frentz 

Bay Electrical & 

Security Co (2000) 

390 Limited 

391 Alidad Limited 

Greig & Esterman 

392 (BOP) Limited 

Guild & Spence 

393 Electrical Limited 

94 

Easement in Gross Document 

Right to convey water in favour of TCC - 42 

Olivine Street. N N 


LGA 1974 - Metal Man Recyclers - Abandoned 

Cars. N N 


Stormwater Pollution Advisor, City Waters - LGA 




Development Monitoring Officer, City 

Development - LGA 2002 & Public Works Act 

1981 - Entry onto Private Land. N N 


Drainage Engineer, City Waters - LGA 2002 & 

Public Works Act 1981 - Entry onto Private Land. N N 

Confidentiality & Conflict of Interest Agreement 

Peer Review: Reserves Maintenance & Sports 

fields Maintenance Contracts. N 

TISEC Subcontractor's Continuity Guarantee 

Form 

Subcontractor covenants to perform 

subcontracted works should main TISEC 

(TC76/08) construction contract be terminated. N 


Form 



(TC76/08) construction contract be terminated. N N 


Form 





Form 




TCC Ref: 3522691

Armstrong Plumbing 


Construct Concrete 

395 (NZ) Limited 

Bailey & Harrison 

396 Limited 

Tasman Aluminium 

397 Limited 

Seatek Construction 

398 Limited 

399 Exal Doors Limited 

Hardwood 

400 Technology Limited 

95 


Form 



(TC76/08) construction contract be terminated. 


Form 





Form 





Form 





Form 





Form 





Form 





Form 



401 GMR Holmac Limited (TC76/08) construction contract be terminated. N 

Rotorua Steel 

402 Structures Limited 


Form 




TCC Ref: 3522691

Euroglass Systems 


Jensen Steel 

404 Fabricators Limited 

Westaco Trading 

405 Limited 

Adams Steelguard 

406 Limited 

Nelson Stud Welding 

407 Limited 

Hunters Contractors 

408 (NZ) Limited 

Complete Siteworks 

409 Company Limited 

Maxwood 

Manufacturing 

410 Limited 

Tauranga City 

411 Council 

412 Kakau Whanau 

96 


Form 





Form 





Form 





Form 





Form 





Form 





Form 





Form 





Transaction 

Relating to amalgamation of title for 97 

Aerodrome Road (Airport land). N N 

Deed Relating to Advance for Replacement 

Residence 

Compensation agreement provides advance for 

owners to secure replacement property. N 

TCC Ref: 3522691

Rainbow Finance 

413 Limited 

Rainbow Finance 

414 Limited 

Luxury Airport 

415 Shuttles Ltd 

Laminar 

416 Developments 

Aerocare Holdings 

417 Partnership 

Ngai Tukairangi 

Hapu and Ngai Te 

418 Rangi Iwi 

Classic Builders 

419 Tauranga Ltd 



Bluehaven Holdings 

421 Ltd 

Club Mount 

Maunganui 

Incorporated and 

Bowls Cosmopolitan 

Mount Maunganui 


IMF Backstop 

423 Limited 

Memorandum of Lease 

97 

New Lease at 105 Hewletts Road (Airport land) to $30,179 

Rainbow Finance Limited. incl GST p.a. N 


Transaction 

Register lease over title -105 Hewletts Road. N 

Deed of Lease - Airport 

Lease of 21 Jean Batten Drive (extension) to $9,450 

Luxury Airport Shuttles. excl GST N 

Deed of Surrender of Lease 

Termination of lease - Hangar E2, Airport. N 

Memorandum of Lease 

New lease to Aerocare Holdings Partnership - $6,750 

Hangar E2, Airport. excl GST 

Memorandum of Understanding 

Regarding the upgrade of the Mount Maunganui 

Beachside Holiday Park. N 

Performance Bond 

Completion of Agreed Landscape Plan and 

ongoing Maintenance - 95 Wairakei Avenue. N N 

Bylaw Updates 

Beaches Bylaw 2007 - Amended Clauses 4 and 

13.2. Fire Prevention (Urban Fire District) Bylaw 

2010. N N 


Transaction 

Easement in gross/partial cancellation of consent 

notice - Right to drain sewerage - 95 Wairakei 

Avenue. N N 

Deed of Surrender of Lease 

Eady surrender of lease as part of Mount Greens 

Sports Project. N N 


Transaction 

Memorandum of Encumbrance - 92 Whakakake 

Street. N N 

TCC Ref: 3522691

Land Information 

424 New Zealand 

Yvonne Marion 

425 Jones (or nominee) 

Higgins Contractors 

426 BOP Limited 

New Zealand 

Transport Agency, 


427 Venues Limited 

98 


Transaction 

Legalisation of road frontage land-take for 

widening of Domain Road. N N 


Transaction 

Sale of freehold (land and buildings) at 176 

Sixteenth Avenue. N 

Contract TCI0/10 

Hull Road Rehabilitation. N 

Agreement 

Relates to implementation of Baypark Access 

Resource Consent Conditions. N 

Mangatawa 

Land Entry Agreement 

428 Papamoa Blocks Inc Enabling works - entry to the Mangatawa drain. N 

429 Refer Attachment B 

Sale & Purchase Agreement 

Refer Attachment B 


Form 

Tile Warehouse Ltd Subcontractor covenants to perform 

and Rentell Services subcontracted works should main TISEC 

430 Ltd (TC76/08) construction contract be terminated. N 

Tauranga Airport 

Committee and 

Harvard Investments 

431 Ltd 

New Zealand 

432 Transport Agency 

433 


Council 




Transaction and Easement Instrument 

Stormwater Easement to Aerodrome Road (14 

Harvard Way). 

Licence to Occupy Land 

Stormwater treatment area - Oropi 

Road/Waimapu River. N 


Transaction 

Changing land title into name of Tauranga City 

Council (from Tauranga District Council) - Blake 

Park. 


Transaction 

Changing land title into name of Tauranga City 

Council (from Tauranga District Council) - Totara 

StreefBlake Park. N 

N 

$1,132,314 

excl GST 

Refer 

Attachment B 

TCC Ref: 3522691

Kakau Whanau, 

435 Charlie Kakau 

436 Te Manu Toroa 

437 IMF Fraser Cove Ltd 


Council and 

Education Tauranga 


439 


Council and Export 

NZ Bay of Plenty 



441 Glenn Coates 



443 PPMNZ Limited 



Mount Maunganui 

Boating Club Inc, 

Bowls Mount 

445 Maunganui Inc 

446 PJ & EJ Simmonds 

Consent Form 

99 

Consent to transfer of shareholding. Allows for 

internal change of ownership for a property that 

TCC has a statutory land charge over. 

Deed of Lease 

New lease agreement due to shared ownership of $502 

carpark access way onsite at 95 Hartford Avenue, excl GST p.a. N 

Encumbrance in favour of TCC 

Requires TCC approval to modify easements on 

title. To add easements to existing schedule 

following stage of subdivision. N N 

Agreement 

Delivery of Sister Cities education outcomes. N 

Contract 

Ongoing contract for delivery of Sister Cities 

economic outcomes. N 

Stormwater (Pollution Prevention) Bylaw 2010 

Bylaw Update. N 


Trade Waste Officer - LGA 2002 & Public Works 

Act 1981 - Entry onto Private Land. N 

Traffic & Parking Bylaw 2007 - Amendment No. 7 


Deed of Lease 

6 Cross Road - Lease of port land and building. 


$3,350 

excl GST p.a. N 

Building consent to erect bus shelter at Masonic 

Park over two lots - 69 The Strand. N N 

Deed of Assignment of Lease 

Mount Maunganui Bowling Club assigning 

existing lease to new entity - Bowls Mount 

Maunganui Inc as part of Mt Greens Project 

Agreement to Purchase Land 

$300 

excl GST 

Land for Road at 11 Lumsden Street. N N 

$23,500 

excl GST 

(over 3 yrs) 

$47,451 

excl GST 

TCC Ref: 3522691

447 

Frasers Papamoa 

Limited 





Gillies, Turner, Fong, 

Herbison, Pederson 

450 and Kievit 

451 A L Sands 



DNZ Property Fund 

Limited and Troop 

453 Investment L.P. 

David & Liza 

454 Zawitkoski 

Gary Reid, Amanda 

Reid, DHM Trustees 

455 Ltd 

456 Jan Grimbeek 

457 Jan Grimbeek 

Traffic Systems 

458 Limited 

100 


Transaction 

Memorandum of Encumbrance as per 

requirements of Environment Court decision - 30 

Papamoa Beach Road. 

Speed Limit Bylaw 2009 - Amendment No. 1 

Bylaw Update. N N 

Speed Limit Bylaw 2009 - Amendment No. 2 



Transaction 

Easement instrument where TCC is grantee for 

right to convey water in gross over 4 Chadwick 

Road, Greerton. N 


Transaction 

Revocation of conditional easement relating to 

right of way over land at 26 Glenlyon Avenue, 

Greerton. N 

Notice of Removal Section 74(4) ofthe Building 

Act 2004 and Issue of Section 72 Building Act 

2004 

Issue of Building Consent - Lot 5 and 2, 4 

Chadwick Road. N N 

Consent as Encumbrance 

Council consent required for transfer of ownership 

of three properties that are subject to 

encumbrance. N 

Agreement to Freehold 

Permit completion of retaining walls & ultimately 

the sale of an unencumbered freehold allotment 

(property originally acquired May 2005 as a 

damaged flood affected site) -116 Ridge Street. 


$165,000 

incl GST 

Building consent (convert two dwellings into one) 

over two lots - 36A and 36B Marine Parade. N 


Environmental Health Officer - RMA 1991 

Enforcement Officer. N 


Environmental Health Officer - Health Act 1956 

Enforcement Officer. N N 

Contract TC5/10 

Traffic Signals Maintenance & Upgrade. N 

$231,697 

excl GST 

$930,458 

excl GST 

TCC Ref: 3522691

459 

460 

Ministry of Youth 

Development 

Hauraki Manne 

Limited 

Relationship Agreement 

101 

Provision of grant funding and identifies how 

funding will be used by TCC. N 

Deed of Renewal of Lease 

Extension of lease for two years from 1 

November 2010 to 31 October 2012. 


Transaction 

461 Ian & Angela Page Cancel easements - 6 Page Street. N 

Oliver and Judith 

Comer and OJ's 

462 Investment Trust 

Gillies, Turner, Fong, 

Herbison, Pederson 

463 and Kievit 

464 

465 

Sydenham Family 

Trust 

Transpower New 

Zealand Ltd 

Tauranga City United 

Association and 

Football Club 


467 Fencing Plus Ltd 

468 

Robert and Martha 

Clarkson 

469 K Pax Limited 

Memorandum of Encumbrance 

For breaching a firewall between units 1 & L - 285 

Maungatapu Road. N 


Transaction 

$36,500 

excl GST pa. N 

Remove Section 36(2) and replace with Section 

72 Building Act 2004 - 4 Chadwick Road, 

Greerton. N N 

Certified Resolution 

Confirming Council Resolution to change status 

of Reserve for Service Lane to be Road - 320 

Cameron Road. N 

Written approvals for Transpower Proposal - 

Upgrade of Kaitemako to Tarukenga 

Transmission Line 

Approval from TCC to carry out works on TCC 

owned land. N 

Deed of Extension and Variation of Lease 

Extension of existing building at Links Avenue 

Reserve to include changing rooms, storage and 

public toilets. 

Deed of Lease 

12 month lease - 6 Cross Road. 


$1,000 

excl GST pa. N 

$8,000 

excl GST N 

Building consent for foundations and underfloor 

plumbing/drainage for bus factory (stage one) 

over two lots - 34 and 44 Whakakake Street. N 


Transaction 

Easements in gross - right to convey water and 

drain stormwater and sewage - 65 Westminster 

Drive. N 

TCC Ref: 3522691

Walpat Homes 

470 Limited 



472 

Higgins Contractors 

BOP Limited 

Otumoetai Primary 

School Board of 

473 Trustees 

Bethlehem Primary 


474 Trustees 

475 H J Booth 

J K Hamilton 

Trustee, Robert & 

476 Martha Clarkson 

IMF Backstop Ltd, 

BWA Custodians Ltd, 

BOSI Security 

477 Services Ltd 

Budget Rent a Car 

478 Limited 

479 CSS Innovations 

480 

Baycom Construction 

Ltd 

Maungatapu Primary 


481 Trustees 

102 


Transaction 

Cancellation of Consent Notice - 78 Marshall 

Avenue, Tauranga. N N 

Liquor Free & Vehicle Free Zones in Public 

Places Bylaw 2010 

Bylaw Update - Certified Resolution. N N 

Contract TC 85/10 

Tara Road Upgrading Stage One. N 

Otumoetai Primary School Community Share 

Playground Agreement (Updated) 

Defines the roles and responsibilities of Council 

and the School Board of Trustees. N 

Bethlehem Primary School Community Share 



and the School Board of Trustees N 


Building consent to erect warehouse over two lots 

(1 and 4) 320 Chadwick Road, Greerton. N N 


Building consent to erect bus assembly factory 

over two lots - 34 & 44 Whakakake Street N 

Deed of Priority 

Documents prioritise the Council's encumbrance 

over existing mortgages on properties. N N 

Deed of Renewal and Variation of Lease 

Renewal of existing lease for three years - 21 

Jean Batten Drive. 

Confidentiality Agreement 

$80,500 

pa. incl GST N 

For information collected by Consultant while 

working on a Council project. N N 

Contract TC 52/10 

Mount Maunganui Beachside Holiday Park 

Construction of New House and Office. N 

Maungatapu Primary School Community Share 



and the Maungatapu School Board of Trustees. 

$4,705,174 

excl GST 

$5,500 p.a. 

incl GST 

$5,500 p.a. 

incl GST 

$503,651 

excl GST 

$5,500 incl 

GST pa. 

TCC Ref: 3522691

482 Darkside Ventures 

Ltd 

483 Darkside Ventures 

Ltd 

484 Mount Maunganui 

Boating Club Inc, 

Bowls Cosmopolitan 

Mt Maunganui, 

Bowls Mt 

Maunganui, Croquet 

Mt Maunganui, Club 

Mt Maunganui 

485 Owners of 57-65 

Bellevue Road 

103 


Transaction 

Easement in gross for the right to drain sewage 

for a subdivision - 60 and 62 Grace Road, 37 and 

41 Fourteenth Avenue, Tauranga. 

Section 643 Local Government Act 1974 

62 Grace Road Boundary Adjustment. 

Deed of Novation 

Provides for substitute parties to Mt Greens 

Sports 2008 Heads of Agreement due to name 

changes of original parties. 


Transaction 

Cancel compensation certificates for 57-65 

Bellevue Road. 

486 John Dennis Agreement 

Complete creation of an easement over Council 

Esplanade Reserve - 25 Montgomery Road. 

487 Merivale Community 

Centre 

488 Upkar Enterprises 

Ltd 

Funding Agreement 

Outlines how Ministry of Youth Development 

funding that TCC receives will be allocated by 

Merivale Community Centre. 

Deed of Lease 

171 Chadwick Road 

grocers/fruit & veg. 

Premises to be tenanted by 

N N 

N N 

N 

N N 

N N 

N 

$15,315 

excl GST p.a. 

TCC Ref: 3522691

Definitions: ^^'^ 

Compensation Certificate: 

A document registered on a title to protect the Council's interest in a property where 

payment for the land has been made but title not yet taken, i.e. when land is taken for a 

designated road. 

Section 72 Certificate: 

Refers to a requirement under the Building Act 2004. If the owner of land which is subject to 

erosion, falling debris, subsidence, inundation, or other similar hazard applies for Building 

Consent, the Council may only grant the consent subject to certain conditions. 

These conditions are defined in Section 72 of the Act and can be summarised as follows: 

If the Council considers that the building work will not worsen the state of the property or 

result in a natural hazard on the land on which building work is to be carried out or any other 

property, and the land is still likely to be subject to certain hazards, the Council must notify 

the Registrar-General of Land that consent has been issued and identify the hazard 

concerned. The Registrar-General of Land is required to make an entry on the Certificate of 

Title to that effect. 

Section 75 Certificate: 

Refers to a requirement under section 75 of the Building Act 2004. Where an application is 

made to the Council for a building consent to construct a building over two or more 

allotments of a subdivision, and both of the allotments are owned by the applicant, the 

Council must grant consent on the condition that the lots can only be transferred or leased 

together. 

Section 77 of the Act requires that this condition must be set out in a certificate signed by 

the Council and the owner, and lodged with the Registrar-General of Land who must enter 

the condition on the titles of the affected lots. 

Performance Bonds: 

Are required where there are uncompleted works required to complete a subdivision, e.g. 

formation of access way (bond is calculated as to value of works, plus 10% fee, plus 12 >2% 

quarter escalation contingency, plus GST). 

Fencing Covenant: 

A fencing covenant in favour of the Council ensures that it will not be liable to erect, repair 

of contribute to the cost of a dividing or boundary fence between council owned land (e.g. 

reserve) and land owned by another party. 

TCC Ref: 3522691

T a u r a n a a City - Tauranga City Council

Create successful ePaper yourself

Delete template?

Save as template?