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2013-05-28-council-agenda - Taupo District Council

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[Bike TaupO Lease, Kinloch Domain], [<strong>28</strong> May <strong>2013</strong>]<br />

Page 2<br />

REASON FOR REPORT<br />

The reason for this item is to report back to <strong>Council</strong> on the outcome of public consultation under<br />

the Reserves Act, and seek a final decision with respect to the proposed lease of part of the<br />

Kinloch Domain to Bike <strong>Taupo</strong>.<br />

BACKGROUND<br />

On 26 March <strong>Council</strong> considered a request from UIKC <strong>Taupo</strong> to lease part ot tne Klnloch Domain<br />

for the establishment and maintenance of a signage kiosk and shelter structure that would provide<br />

information and a hub for one of the key starting points of the Great Lake Cycle Trail. The request<br />

was approved subject to the required consultation as the lease was not provided for in the reserve<br />

management plan.<br />

At the March meeting, <strong>Council</strong> requested more detailed design graphics for the proposed shelter.<br />

These will be available at the May meeting.<br />

The proposed lease was notified on 5 April <strong>2013</strong> for one month. When the submission period<br />

closed on 6 May <strong>2013</strong>, no submissions for or against the lease had been received.<br />

DISCUSSION<br />

As there have been no objections to the lease, there is no need for a Special [Ad Hoc] Committee,<br />

and <strong>Council</strong> may now agree to grant the lease. There will still be a requirement for the Department<br />

of Conservation to endorse the lease. This is usually done by means of a certificate attached to the<br />

lease document which is forwarded to the Department for endorsement once the lease has been<br />

executed.<br />

DESIRED OUTCOME<br />

A decision to grant the lease will be consistent with the decision made in March to agree in<br />

principle subject to the outcome of public consultation. This will achieve the desired outcome of<br />

effective and efficient use of <strong>Council</strong> reserve land to allow Bike <strong>Taupo</strong> to support and promote a<br />

key recreational asset.<br />

CONSIDERATIONS<br />

. Financial Considerations<br />

The proposal will have no financial implications for <strong>Council</strong>.<br />

. Legal Considerations<br />

<strong>Council</strong> may grant a lease to Bike <strong>Taupo</strong> for the shelter subject to Section 54 of the<br />

Reserves Act which requires that any lease that is not in conformity with and<br />

contemplated by the approved management plan for the reserve be publicly notified and<br />

receive the prior consent of the Minister of Conservation. The proposed lease has been<br />

notified and received no objections.<br />

Policy Implications<br />

The management plan for the reserve allows <strong>Council</strong> to provide new facilities such as<br />

outdoor furniture and shelters on recreation reserves appropriate to the recreational use<br />

of the particular reserve, and to meet the needs of the Kinloch community, whilst<br />

maintaining the character of Kinloch as far as possible. However, the management plan<br />

does not provide for <strong>Council</strong> to grant a lease to a third party to provide the same facilities<br />

for the benefit of users of other reserves from outside the Kinloch community. The<br />

proposed lease has been notified and received no objections.<br />

. Risks<br />

The proposed lease has been notified and received no objections. The correct process<br />

has been followed which will mitigate any risks associated with the lease. Bike <strong>Taupo</strong> will<br />

have ongoing responsibility for the structure and signage under the terms of the lease.

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