Proposals to classify reserves in Motueka Ward

This page provided public notification of the Council's intention to classify existing reserves located within Moteuka Ward under the Reserves Act.

The Council resolved to classify existing reserves in Motueka Ward at their meeting on 13 September 2018. Notices will be published in the NZ Gazette in October 2018.

Overview

The Council administers 99 parks, reserves and open space areas within Motueka Ward. Not all of these are formally protected as reserves under the Reserves Act 1977 (the Act) and only three of the existing reserves are formally classified under the Act. We need to classify existing reserves before publicly notifying a draft Motueka Ward Reserve Management Plan. This page sets out the details of what is proposed for each land area.

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The proposals

The Council carried out consultation to seek the community’s view on proposals to classify reserves within Motueka Ward. This consultation was carried out in accordance with the provisions in Section 16 of the Reserves Act.

We proposed that Council-administered reserves in Motueka Ward (107 separate land parcels in total) be classified as either: Historic Reserve, Recreation Reserve or Local Purpose Reserve (of various purposes).

Completion of this administrative task means that each reserve now has a specified type/class/purpose under the Act.

Find out more about each of the proposals to classify reserves that we consulted on:

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Locations of parks and reserves

All Council-administered parks and reserves located within Motueka Ward are identified on a series of 26 maps.

The proposed classifications for existing reserves are noted in handwriting on these maps.

Note that many of the mapped areas are not technically reserves (i.e. not formally protected under the Reserves Act). These areas are identified by the handwritten comment "Retain as is, no change."  The Council is NOT proposing to formally protect these areas at this point in time, therefore no classifications are proposed.

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How does this affect the community?

We set aside land as reserves to ensure their control, management, development, use and preservation for appropriate purposes, for example recreation or historic values.

The Council proposed to classify existing reserves in Motueka Ward.

When Council staff checked the certificates of title for properties managed as parks/reserves/open spaces within Motueka Ward, they found that most of the properties were not classified. Several of the titles indicated that the intention was for properties to be managed as reserves, but it wasn't clear whether any of the properties qualified for automatic classification in 1977.

Officially classifying reserves will help to ensure that we keep using these properties as recreation and historic areas, or areas for various local purposes (such as walkways, esplanade reserves, community buildings or utility purposes).

Advice has been provided by the Department of Conservation, who oversee the Reserves Act.

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What will change if the reserves are classified?

Classifying land as a reserve makes the principal purpose of the reserve clear. It's an administrative process designed to make sure the land is used appropriately into the future.

In reality, there is unlikely to be any material effect on the way these properties are now used.

Reserve classification also affects the Council’s management and decision making about these properties. The Council is legally required to consult with the public before it makes important decisions about these reserves.

The Act requires Council to prepare Reserve Management Plans to give the community certainty about the function and management of the land.

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The consultation process

There's a legal process we had to go through before we decide whether to classify the existing reserves in Motueka Ward.

First we collected submissions and contacted organisations that we believed may have been interested in the proposal. Then we read through all the submissions and prepared a report with recommendations. The report was presented to a Hearing Panel. The Hearing Panel held a hearing for submitters who wish to speak to their submission and deliberated on all submissions received.  A further report was then considered by the full Council on 13 September 2018. The Council resolve to adopt the Hearing Panel’s recommendations and classify reserves.

The process of classifying reserves is prescribed by Section 16 of the Reserves Act 1977. In addition, Sections 119 and 120 relate to notification and submissions.

The reserve classification process is complete once notices reiterating the Council’s resolutions have been published in the New Zealand Gazette.

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Timeline

 Date (2018) Task 
 6 July - 7 August Open for submissions 
 7 August Deadline for submissions 
 Mid August Council staff collate submissions and prepare report 
 20 August Hearing Panel holds hearing and deliberations 
 13 September Council meeting to decide on proposals 
 October Notice submitted to NZ Gazette for publication 

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Have your say on the proposals

Submissions closed on Tuesday 7 August 2018.

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Further information

Council resolved to classify existing reserves in Motueka Ward on 13 September 2018. Related notices will be published in the NZ Gazette during October 2018.

Further information about the Motueka Ward reserves projects currently underway is available on our project page:

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