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