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Auckland Council

Proposal to revoke a portion of Tui Glen Reserve

Public notice date: 21 May 2019

Closing date and time: 28 June 2019, 12 a.m.

Pursuant to Section 24 (2) (b) of the Reserves Act 1977, the Auckland Council hereby notifies its intention to seek the approval of the Department of Conservation to revoke or uplift the portion of the Tui Glen Reserve described in the Schedule below.

Tui Glen Reserve is located at 2 Claude Brookes Drive adjoining the Oratia Stream in Henderson. The reserve contains a total area of 5.4199 hectares and is subject to the provisions of the Reserves Act. The reserve is owned by the Auckland Council with the major portion classified under the Reserves Act as a recreation reserve.
 
A sealed driveway runs down into the reserve from Claude Brookes Drive.  On the right hand side off the driveway, and lying within a portion classified as recreation reserve, is sited a large single storey building occupying 826 square metres of the reserve.

The building is purpose built, owned by the Neuro Connection Foundation, and funded by the Ministry of Health.  The Foundation provides long term ongoing rehabilitation services for adults with conditions such as Stroke, Parkinson's, Multiple Sclerosis, Acquired Brain Injury, Cerebral Palsy and other neurological conditions.

The Foundation has occupied this site since 2000. The Foundation currently leases the 826 square metres of the reserve from the Auckland Council by way of a lease originally granted in 2005 by the Waitakere City Council under Section 54 (1) (a) of the Reserves Act.

Section 54 deals with the granting of recreational leases over recreation reserves and does not contain any provision for authorising either medical treatment or specialised long term ongoing rehabilitation services on recreation reserves. 

The council is of the view that the 826 square metres occupied by the Foundation's building should be revoked or removed from the Reserves Act. Once the reserve status has been revoked, the 826 square metre portion will automatically revert to being held by the council under the Local Government Act 2002. 

The council would then be empowered under the 2002 Act to grant a valid lease to the Foundation to legally occupy its building and continue to provide its excellent medical and rehabilitation services to the local community and the general public.

Plans showing the reserve and the portion proposed to be revoked are available for public viewing at Auckland Council, Level 2, Reception, 6 Henderson Valley Road, Henderson. 

Any person wishing to either support or object to the proposed revocation may do so in writing and addressed to the Auckland Council, Private Bag, 93200, Auckland 1142, Attention: Dave Bayley, no later than 5 pm on Friday 28thJune 2019. Alternatively, objections may be emailed directly to dave.bayley@aucklandcouncil.govt.nz

Objections should state if the objector wishes to be heard. Any objector's information provided to the council will become subject to the Local Government Official Information and Meetings Act 1977 and may be released by the council under that Act. Any objector should state in their objection if the whole or any part of the objection is to be kept confidential.

Schedule

Section 1 SO 524341, comprising 826 square metres, and contained in part of Record of Title NA24C/25.