What is parkland?
The term 'parkland' includes:
- 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 for a new building on parkland
We will consider applications for community occupancy agreements associated with new buildings on parkland against the following criteria:
- The consistency with both the zoning for the parkland under the Auckland Unitary Plan and the reserve classification for parkland if managed under the Reserves Act 1977.
- The consistency with all additional acts that guide us in the management of the area of interest, such as the Historic Places Act 1993 and the Conservation Act 1987.
- Whether the proposal conforms with and considers 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 exit and parking) can be met in the location.
- Whether any negative 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, minimised or remedied.
- The degree to which persons affected by the proposal (including tangata whenua) support the application through any relevant verbal or written submissions received.
- The potential to set a precedent that could increase similar activities, which in combination may result in negative 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
Where an application for a community occupancy agreement includes a lease or licence on land that is governed by the Reserves Act 1977, the following restrictions will apply:
- Public notification and prior consent from the Minister of Conservation is required if the proposed lease or licence is not consistent with the relevant reserve management plan. However, public notification and ministerial consent is not required if an associated resource consent application has been publicly notified under the Resource Management Act 1991.
- The initial term of the lease or licence cannot be longer than 33 years.
- A further term not exceeding 33 years may be granted provided the terms of the lease or licence have been complied with, the relevant building is fit for purpose, and there is still sufficient need for the facility.
- Community occupancy agreements that have a commercial purpose must show that the commercial activity is necessary to enable the public to benefit and enjoy the reserve, or be for the convenience of people using the reserve.
We may impose conditions 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 minimising negative 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
- 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.
We may review these conditions if:
- 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.