16 October 2024
Zara
[FYI request #28432 email]
Dear Zara
Request for Information – Local Government Official Information and Meetings
Act (the Act) 1987
We refer to your email dated 18 September 2024 for:
Please provide the below policies as at 16 Dec 2021 and all subsequent
versions and a list of amendments with dates and the changes made since
16 Dec 2021 for each policy.
* Reserves Acquisition and Disposal Policy
* Private use of Council Reserve land Policy
* Al and any Council Policy where it mentions anything about fencing on a
boundary shared between HCC and any other type of landowner.
Response:
Please find attached information in the scope of your request.
You have the right to seek an investigation and review by the Ombudsman of this
decision. Information about how to make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Please note that this response to your information request may be published on
Hutt City Council’s website. Please refer to the following link:
www.huttcity.govt.nz/council/contactus/make-an-official-information-act-
request/proactive-releases
Yours sincerely
Philip Rossiter
Senior Advisor, Official Information and Privacy
30 Laings Road, Lower Hutt
Private Bag 31912, Lower Hutt 5040
/huttcitycouncil
0800 488 824

[email address]
www.huttcity.govt.nz
▲The pattern at the top of this page is inspired by the natural landforms, hil s, river, and coastline surrounding Lower Hutt. It represents our people, our place, and our home.

FENCING CONTRIBUTION GUIDELINE

Council’s guideline on contributions towards the cost of fences erected on
boundaries with land managed as reserve.

1.  This guideline runs in conjunction with the Fencing Act 1978 not as a waiver
to the Act, it is provided for information purposes.
2.  An adjoining owner must comply with the requirements of the Fencing Act
1978 (including notification requirements).
3.  A contribution of:
a)  A flat rate of $105.00 (incl GST) per linear metre without mowing
strip; OR
b)  A flat rate of $120.00 (incl GST) per linear metre where a mowing
strip, as described in Clause 4, is required; OR
c)  50% of the cost;
NB: Hutt City Council wil  object to any value above those amounts and handle it
through the required process under the Act.
Whichever option is the lesser, wil  be considered subject to the fol owing
clauses.
4.  It is the responsibility of the adjoining owner who constructs the fence to
ensure it is on the legal boundary.  Council wil  not contribute to a fence
that is not on the legal boundary unless there is a written agreement
between both parties prior to the fence being constructed.
5.  In urban areas Council general y considers an adequate fence to be within
a minimum height of 1.0 metre and a maximum height of 2.0 metres.  In
rural areas an adequate fence could be post and wire.  Any building
consent requirements must be met by the property owner who constructs
the fence.
6.  On the Reserve side of the boundary a 300mm mowing strip is required.  It
should be level with the ground on the Reserve side of the boundary, to
al ow mowing up to its edge.  NB:  This applies to reserves that are mown, it
does not apply to al  boundaries, for example Bush Reserves.
7.  If the fence is painted, it must be one uniform colour including the Reserve
side.
30 Laings Road, Lower Hutt
Private Bag 31912, Lower Hutt 5040
/huttcitycouncil
0800 488 824

[email address]
www.huttcity.govt.nz
▲The pattern at the top of this page is inspired by the natural landforms, hil s, river, and coastline surrounding Lower Hutt. It represents our people, our place, and our home.

8.  There are no other restrictions on the type of fence to be built, only that it
must be of sound construction, using appropriate materials that wil
achieve a useful life of at least 25 years.
9.  On completion, copies of paid receipts showing the cost of the fence must
be forwarded to the Council Officer, Hutt City Council.
10. On receipt of these accounts, an inspection of the fence wil  be made by
an independent contractor or a Council Officer.
11.  Subject to a report that the fence is satisfactorily constructed, Council’s
contribution wil  be processed and deposited into the property owners
bank account.
12.  If a fencing notice has not been given, Council wil  not contribute to a
fence after three months has elapsed from the time of its construction or
where the property has a covenant that excludes Council from liability.

Fencing Contribution Policy/ 02 June 2023 / Version 2.0
P.2

PLANNING AND STRATEGY
RESERVE LAND ACQUISITION/DISPOSAL POLICY AND
GUIDELINES

Division
Parks and Gardens
Date Created
August 2008
Publication Date
August 2008
Review Period
August 2012
Owner
Reserves Planner, Parks & Reserves
Approved By
Reserves Planner, Parks & Reserves
Document Identifier
PG-POL-002- Reserve Land Acquisition/Disposal

Version
Author
Date
Description
This document sets out
the Council’s reserve land
V 1.0
Kelly Crandle
18/08/08
acquisition and disposal
policy

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1.  INTRODUCTION
The Hutt City Council manages over 300 reserves totalling some 4,228 hectares of land out of a total
reserve network of some 20,000 hectares contained within the City’s boundaries.  The Department of
Conservation and The Greater Wellington Regional Council manage the remaining reserve areas
including the forest and regional parks.  It is in this context that the Hutt City Council must consider its
reserves’ acquisition policy.
The Hutt City Council’s Reserves Strategic Directions has recently been completed and sets the
priorities for the management and development of the City’s parks and reserves over the next 5 to 10
years.  The Strategic Directions emphasises:
▪  the need to include lands that are of high value that contribute to retaining or enhancing the
character of the Harbour, Wainuiomata, Hutt Valley and Western Hills landscape identity areas in
the reserve network;
▪  the amenity role open space areas provide for local communities;
▪  the establishment of corridors that provide for linear recreation opportunities and enhanced
ecological links.
Given the history of land acquisition over the last 100 years, the various ways the Council has
inherited lands and the ongoing cost of managing these lands it has become evident that its existing
parks and reserves need to be assessed for their contribution to the reserves network.  Once this is
done lands that are held by the Council in fee simple for reserve purposes but have not been vested
as reserves under the Reserves Act 1977 will progressively be declared reserves and classified
according to the purposes for which they are held.  Where lands are found to be of little to no value
they will be disposed of and any funds arising will be returned to the reserves network.
This document sets out the Council’s reserve land acquisition and disposal policy.  It establishes the
process the Council can use to review its existing reserve lands and to ensure that the reserves it
acquires in the future are a vital part of the network.
.Legislation Affecting the Acquisition/ Disposal Of Land
There are a number of areas of legislation, policy statements and plans that pertain to Council’s
powers in the acquisition and disposal of land.  Below is a brief overview of the legislation.
LOCAL GOVERNMENT ACT 2002
Section 138 of the Local Government Act 2002 legislates for restrictions on the disposal of parks and
defines park as meaning land acquired or used principally for community, recreational, environmental,
cultural, or spiritual purposes but does not include land that is held as a reserve, or part of a reserve
under the Reserves Act 1977.  It requires the local authority to consult on any proposal to sell all or
part of a park.
Section 189, Compulsory Acquisition of land, authorises a local authority to purchase or take land
under the Public Works Act 1981 (clauses 161-173).  In particular a local authority may purchase, or
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RESERVE LAND POLICY AND GUIDELINES
take in the manner provided in the Public Works Act 1981, any land or interest in land, whether within
or outside the district, that may be necessary for the purposes of, or in connection with, any public
work that the local authority was empowered to undertake, construct, or provide immediately before 1
July 2003.Part 7, 'Specific obligations and restrictions on local authorities and other persons' Subpart
3, 'Restrictions on disposal of, parks, reserves and endowment properties', section 140,'Restriction on
disposal of endowment property' requires the Council to retain the property for the purpose in which it
was vested.  However clause (4) (b), allows the local authority to sell the property provided the
instrument in which the property was vested does not expressly prohibit it but does require the use of
the proceeds of the sale to be in accordance with section 141.
Section 141), requires that the use of the proceeds to be consistent with the purpose of the
endowment and that the intention to sell and the use to which the funds will be put are in the draft
long-term community plan.  Section 141, (1) (d) (ii) & (ii) require the local authority to make a
reasonable attempt to notify the donor of the property or his or her successor and provide the donor
with a reasonable opportunity to comment on the intended sale.
RESERVES ACT 1977
Under the Reserves Act 1977 the Council may acquire private land voluntarily by way of agreement or
through a gift or bequest and set aside the land as reserve for recreation, education, preservation of
natural ecosystems and landscape and other purposes.   Prior to purchase of land the Council needs
to take into account the cost of purchase against available funds and the cost of ongoing maintenance
for the land.  The Crown may also compulsorily acquire private land for the purposes of creating a
public reserve under the Reserves Act and appoint the Council to manage and control the land.
Any reserves acquired through subdivision must be vested in the Council under the Reserves Act and
managed in accordance with the purposes for which they are held. Under sections 79 and 80, any
funds taken for reserves should be spent on reserves.
Sections 24 and 25 of the Act set out the process for the revocation and sale of reserve land.  The
proceeds of the sale from any reserve land depend on whether the Council owned the land or the land
was owned by the Crown and administered by the Council.
RESOURCE MANAGEMENT ACT 1991
The purpose of the RMA is to promote the sustainable management of natural and physical resources
(Section 5). The key means for doing this is through policies and rules in the District Plan.  In
developing its policies and rules the Council must take into account a number of other planning
documents.  These documents are hierarchical and include the New Zealand Coastal Policy
Statement (1994), national policy statements (where these have been prepared), a regional policy
statement, a regional coastal plan and regional plans.  Brief descriptions of the relevant documents
are set out below.
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PUBLIC WORKS ACT 1981
The Public Works Act 1981 empowers local authorities to compulsorily acquire land required for a
local work for which it has financial responsibilities (section 17).  This includes land vested in a local
authority or in trustees for local or general public purpose (section 29).
Before proceeding to take the land the local authority is required to enter into negotiation.  It serves
notice of its desire to acquire the land on those having a registered interest in the land, registers the
desire with the District Land Register and advises the estimated amount of compensation (section 18)
including purchase of the land or granting of land in compensation (section 21).  Notice is published in
the Gazette describing the land, the purpose for which the land will be used and the reasons, and a
period within which objections may be made (section 23).
In the case of where the land is no longer required for a public work the local authority must offer to
sell the land back to the person from whom it was acquired or because of the size, shape or situation
of the land offer the sale of the land to the owner of adjacent land (section 40).  Where there is no
interest in the land by the original owner or the neighbour the local authority may offer the land for sale
by public auction, public tender or public application at a specified price (section 42).
CITY OF LOWER HUTT DISTRICT PLAN
The District Plan implements the requirements and intent of the Resource Management Act 1991.
The District Plan controls the effects of activities on the City’s natural and physical resources through
the implementation of policies and rules.
The District Plan also addresses planning matters affecting the City’s significant natural, cultural and
archaeological resources in accordance with sections 6 and 7 of the RMA.  Section 14E of the District
Plan has identified objectives, policies and rules to protect the City’s significant natural, cultural and
archaeological resources and notable trees (Section 14G) from inappropriate subdivision, use and
development.
Where the policies and rules cannot achieve protection for natural and physical resources within
various land-use activities, acquisition of reserve land is a key method in achieving long-term
protection.  This may be either through the subdivision process or acquisition through outright
purchase.
Section 12 of the District Plan addresses financial contributions.  In particular (2.2.1.7. c) identifies the
matters to be taken into account when determining whether land, cash or a combination of cash and
land will be required.  This Land Acquisition/Disposal Policy and Guidelines document further details
the priorities and criteria against which the taking of land is assessed especially in terms of the
existing reserves network.
CONSERVATION ACT 1987
The Conservation Act promotes the conservation of New Zealand’s natural and historic resources.
Under the Act the Department of Conservation is required to prepare conservation management
strategies which must be taken into account in the preparation of district plans.  The Department is
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RESERVE LAND POLICY AND GUIDELINES
responsible for preparing the New Zealand Coastal Policy Statement and monitoring its effects.  It also
approves regional coastal plans.
HISTORIC PLACES ACT 1993
The primary purpose of the Historic Places Act is ‘to promote the identification, protection,
preservation and conservation of the historical and cultural heritage of New Zealand’.  The Act
establishes a register Rarangi Taonga: the Register of Historic Places, Historic Areas, Wahi Tapu and
Wahi Tapu Areas which identifies places of historical or cultural heritage significance or value.  In
preparing the District Plan the Council is obliged to have regard to any relevant entry in the Historic
Places Register (section 66(2)(c)(iia) and section 74(2)(b)(iia).  The District Plan includes a list of
significant natural, cultural and historical resources.   In considering areas for acquisition, land
containing these resources should be taken into account.
2.  ALTERNATIVE MECHANISMS TO LAND ACQUISITION
Land acquisition by the Council is generally the last resort once all alternative options have been
explored.
A range of statutory and non-statutory mechanisms exist for protecting significant areas of land and
should be considered in the first instance prior to the Council considering the acquisition of land for
reserve purposes.  These are outlined below and covered in greater detail in Appendix 2.
RESOURCE MANAGEMENT ACT MECHANISMS
▪  Esplanade reserves and esplanade strips - created under Section 229 of the RMA for the
purpose of contributing to the protection of conservation values.
▪  Heritage orders - used by a heritage protection authority to protect a place of special interest,
character, intrinsic or amenity value, or visual appeal, or of special significance to tangata whenua
for spiritual, cultural or historic reasons.
▪  Financial contributions - a mechanism designed to offset any adverse effects of development
including subdivision.  Can include money, land or a combination of the two.
OTHER MECHANISMS
These include statutory and non-statutory mechanisms such as:
▪  Covenants - provide for the protection of important natural and cultural features on private land
whereby a binding agreement can be established with the landowner to protect in perpetuity an
important natural or heritage feature that might exist on the site.
▪  Maori reservations - involve land including places of cultural, historic or scenic interest, being set
aside for either the common use or benefit of the owners.
▪  Wildlife protection - wildlife management reserves and wildlife refuges over private and public
land.
▪  Agreements - reached with landowners to secure certain privileges such as walkways.
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RESERVE LAND POLICY AND GUIDELINES
▪  Partnerships - combining of resources or sharing of responsibilities with another agency or private
organisation.
▪  Land Exchange - swapping land with a private landowner to secure a significant recreation,
ecological, historic or landscape feature.
3.  .TRENDS
A number of trends affect Council’s priorities in the purchase of land.  These are:
▪  Minimal to no growth in the population base of Hutt City resulting in a capping on the funds that can
be drawn on for reserve network development.
▪  Changing housing patterns that require a different style of reserve provision.  Changes include the
increase of:
  Lifestyle housing in the Western Hills requiring the protection/acquisition of bush-clad gullies.
  Infill housing in the central city areas resulting in loss of amenity through the reduced size of
sections and the subsequent loss of larger trees.  This requires alternatives to be found for
tree planting and key sites to be acquired for open space.
▪  Increasing environmental awareness in the community is resulting in the community meeting the
challenge of taking greater responsibility for ensuring the protection and enhancement of the
natural character of lands held in private ownership.  There are a number of subdividers who now
see the natural environment as important for adding value to properties and are keen to see natural
features retained and enhanced in a modern subdivision.  The maintenance of these areas can be
built into purchase agreements with property buyers.
▪  Recognition of the value in linking areas to enable the establishment of ecological corridors and
improve linear recreational access which may require the acquisition of some key lands over time.
▪  Reinstatement of natural waterways to improve flood management and ecological health may also
require the acquisition of strips of land adjacent to waterways over time.
4.  LINKS WITH RESERVES STRATEGIC DIRECTIONS
Of the six key directions identified in the Reserves Strategic Directions, four of these influence the
priorities the Council has in considering the acquisition and disposal of land.  These are summarised
as follows:
Key Direction 1 – seeks to identify non-contributing reserve lands that contribute little to the network
and to dispose of these lands to avoid unnecessary administration costs and improve the overall focus
of the network.  It is proposed to do this by using the criteria established in this document for
assessing reserve lands.  Lands proposed for disposal would be publicly notified and processed in a
transparent manner as detailed in this document.
Key Direction 2 – looks to work with other departments of the Council and other agencies to provide
more effective and focused parks and reserves’ services.  This is likely to lead to the rationalisation of
land ownership.
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Key Direction 4 – seeks to recognise and preserve the essential elements of the City’s landscape
that give structure and contribute to its natural and cultural identity.  This will result in lands
contributing to the geographic character of the City being secured over time and important landscape,
ecological, cultural and historic features gaining greater protection and ecological areas being
enhanced.
Key Direction 5 – seeks to improve linear recreational opportunities including access to natural areas
close to the urban environment.  The intention is to link existing reserves and build a network of trails
improving links to natural features.  This may result in further lands being acquired over time that will
improve recreational access.
Arising from the Key Directions is a series of actions some of which set priorities for future land
acquisition.  A key aspect in guiding land acquisition is the identification of four ‘Landscape Identity
Areas’; Wainuiomata, Harbour, Hutt Valley and Western Hills.  These areas encapsulate the different
landscape settings and establish the priorities for reserve development in each area (for further detail
refer Appendix 1).
5.  COMMUNITY OF INTEREST
A key factor in considering who should take responsibility for an important tract of land is the
community of interest.  This can range from national to regional to local (city) and depends on the
importance placed on the feature/character of the land under consideration.  Legislation usually exists
to help identify what is considered important at the different levels e.g. The New Zealand Coastal
Policy Statement identifies national/regional resources and priorities, the Regional Policy Statement
and associated plans identify regional priorities and the District Plan local priorities.  The local priorities
along with the national and regional priorities contained within the City boundaries are usually
identified in the District Plan.
In most cases the Council is immediately concerned with those matters affecting its community at the
local level but where there is a wider interest and matters of national or regional interest are affected
there is a need to look at options including partnering where there is clearly joint benefit.  The Belmont
Regional Park land is an example where the Hutt City Council has purchased the land for local
purpose but its management comes under The Greater Wellington Regional Council as the use and
benefits are regionally important.
6.   FUNDING
The issue of funding is a matter that influences Council’s willingness to acquire land.  The Reserve
Purchase and Development Fund is the primary source and basis in which the Council will acquire
land.
Partnership arrangements, whereby two or more agencies/departments share in the purchase of a
property where both are benefiting from the acquisition of the property may act as an incentive
towards acquisition of an area of land.  Grant funding might also act as a catalyst whereby the
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objectives of a heritage protection agency or trust might be met along with the objectives of the
Council.
The use of loan funds is also a possible way of funding property acquisition as reserves are held in
perpetuity and loan funds enable intergenerational equity to occur (the spreading of costs to later
generations who will clearly benefit from acquisition now).
7.  .ACQUISITION/DISPOSAL POLICY
INTRODUCTION
While the acquisition of land is the definitive means of protecting significant features and obtaining
land for reserve purposes there are a number of factors that need to be taken into account by the
Council.  These include:
▪  The cost, especially where land valuation is influenced by development expectation
▪  The need for partnership approaches between agencies to co-ordinate their different functions
(especially for regional park land)
▪  Initial development and ongoing maintenance costs
▪  The level of developer contribution
▪  Debt funding and servicing
▪  Prioritising land purchase across the wider city area
▪  Any precedents that may be set and expectations that public good outcomes require full
compensation to private landowners.
In establishing the following policy the Council is aware that the criteria set out in this document is a
guide and factors influencing the purchase or disposal of lands is not a fixed science; it is as much an
empirical judgement as one based on technical facts.  Community need, political willingness and
financial ability all come into the equation along with the need to apply good judgement and common
sense.
In making a judgement the Council must consider all other options that enable wider land
management objectives to be met.  Amongst these are the need to ensure the community takes up a
greater responsibility for the protection of natural features where these are on private property.  The
City’s natural character becomes more sustainable when the community is involved in the protection
and conservation of land.
When considering land purchase the Council is aware that it has accumulated a large amount of
reserve land over many years and it (the Council) needs to ensure it is able to sustain the
management necessary to keep the reserve land in good health.  In order to maximise natural
resource protection a wide range of tools need to be available to allow responsibility for land
management to remain with landowners.  Reserves should not be considered a deposit for all lands
that cannot otherwise be used for development purposes or as a default mechanism for heritage
protection.  The Council has the challenge of finding a balance between providing protection for
important natural resources through reserves and encouraging private landowners to take up
responsibility for the protection of these resources on private land.
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On the other hand, when considering land disposal the Council is aware that once a reserve is
disposed of it is likely that the land will no longer be accessible to the public.  Disposal of reserve land
can also be an expensive and uncertain process as it requires public consultation and may be subject
to Ministerial approval.
Prior to considering the disposal of reserve land the site must be carefully evaluated against the
requirements of the City’s reserve network as identified in the Reserves Strategic Directions.  The
following policies are the basis on which the Council will consider the acquisition and disposal of
Council reserve lands:
ACQUISITION OF RESERVE LANDS - POLICIES
1.  Acquisition of land for reserves will only be considered where there is no other suitable alternative.
2.  Lands suitable for acquisition will be identified in the areas where significant amounts of subdivision
are occurring such as the central urban area and the Western Hills.  Because of commercial
sensitivity these lands will be identified on a private file to avoid price hiking.
3.  The acquisition of lands contributing to the identified actions of the Hutt City Council’s Reserves
Strategic Directions – Key Directions will be given priority especially lands contributing to protecting
and enhancing the landscape identity areas.
4.  The Council will follow the process laid out in the methodology when considering the
acquisition/disposal of lands.
5.  Lands being considered for acquisition will be assessed against the criteria set out in this document
(refer Appendix 3).
6.  A full report using these criteria will be required as part of the Council considering land acquisition.
7.  Land acquisition arising from subdivision is considered the main mechanism from which future land
will be acquired.
8.  Generally, only lands making a significant contribution to the reserves network will be considered
for acquisition unless there is special merit requiring the Council to do otherwise.
9.  Where there is national and regional interest in an area of land, the Hutt City Council will promote
the land's protection through the appropriate agency charged with the responsibility of managing
that particular level of interest.
10. Where there is a clear, immediate benefit at the local level joint partnering may be considered.
11. The Council will look to partners or for grant support where appropriate.
12. Land will generally only be acquired through the Reserves Purchase and Development Fund.
DISPOSAL OF RESERVE LANDS - POLICIES
1.  Lands coming within the reserve portfolio will be assessed against the land Acquisition/Disposal
criteria (refer Appendix 3) and where registered as being of low value will be put forward for
possible disposal.
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2.  Disposal of such lands where they are held in fee simple by the Council and are not classified
under the Reserves Act 1977, will follow the procedures for disposal set out in the Reserves Act
1977.  Classified lands and lands vested in the Council will follow the procedures of the Reserves
Act Guide (Chapter 9, Reserve Revocation and Disposal).
3.  Revenue arising from the sale of reserve lands will be held in the Reserve Purchase &
Development Fund and expended on either the purchase of high value lands or to carry out
improvements to reserves.
Note: the Council is required under various Acts to follow certain procedures.  These are referred to in
Section 2 Legislation Affecting the Acquisition/Disposal of Land, refer page 4, in particular refer the
Local Government Act 2002, Reserves Act 1977 and the Public Works Act 1981.
8.  METHODOLOGY
WEIGHTING
A set of criteria has been established to assess areas of land that may be suitable for acquisition by
the Council.  Criteria have been established within the categories of Landscape, Ecological,
Recreation and Heritage and in some cases sub categories have been established e.g. Landscape -
open spaces, Landscape - natural site features.  A statement covering each level of significance, high
medium and low, has been developed to provide an attribute weighting for each characteristic (refer
Appendix 3).
It is recognised that site assessment requires a degree of judgement and that land attributes can really
only be assigned in the context of the wider area and it is therefore important that officers or other
professionals are used to carry out assessments.  Given the wide range of reserve types and the
different settings it is not possible to make an exact science of the attributes; not all attributes will
apply and therefore different areas of land will be judged using different criteria.  However, it is
important that a weighting be given to the criteria used in assessing the property.  It is considered the
weighting of High, Medium and Low gives sufficient measure as to whether a particular attribute is a
factor in deciding whether to purchase or dispose of a property.
Having identified and weighted the attributes the following factors should be taken into account:
1.  Current value of the site versus long-term value i.e. does the site have long term potential and
therefore has additional merit to that already assessed?
2.  Multi-use values i.e. how many attributes does the land under consideration contain and does the
land offer greater opportunity because it has a number of attributes?  Multiple values can result in
wider use of a reserve thus increasing its contribution.
3.  Adding value where the land under consideration lies adjacent to an existing reserve.  In this case
where an existing reserve might have limitations or be constrained by the current surrounding land
holdings and with the addition of an adjacent property the value of the reserve can be improved
considerably.  This might include the purchase of land along a street frontage to open up the
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RESERVE LAND POLICY AND GUIDELINES
reserve to improve access, address safety issues and enhance visual appeal.  Reserves that would
benefit from such treatment could be identified in the reserve management plans.
4.  A reserve area may have another purpose such as housing a utility and therefore the land may
have a dual purpose.  The presence of a utility may have a significant effect on the value or use of
a reserve and maintenance for the utility may also limit use of a reserve.  In some cases a utility
may have no effect on a reserve depending on its nature and character.  The presence of a utility
and its effect on the land needs to be taken into account when considering acquisition or disposal
of reserve lands.
DETRACTORS
In assessing a property, it is necessary to also look at the detractors.  These might include:
1.  Long term maintenance - are there some potentially costly matters to be dealt with on the property
e.g. heavy infestation of noxious or invasive weed types?
2.  Inherent defects such as the potential loss of land through slippage or the area is prone to flooding
or extreme high tides etc.
3.  Potential hazards to users such as a cliff edge, wash outs, earlier dumping of toxic waste.
4.  Previous use of the land and likely long-term inherent costs.  This might include slumping arising
from the area being located on an old dump site, containing an old forestry plantation that due to
the difficulty of extracting the timber or the condition of the timber management costs will be far
greater than any likely return from timber harvesting.
5.  Encumbrances and long-term leases or other access rights including those related to utilities.
PROCESS
The following diagram shows the process that will be followed for the purchase or disposal of reserve
land.
PROCESS FOR ACQUISITION/DISPOSAL OF RESERVE LAND
1.  Outright purchase
a.  Property evaluated using evaluation process (refer sections 8, 9, 10 & 11)
b.  Statement drawn up and recommendation made
Committee considers report & recommends action
2.  Disposal
a.  Property evaluated using evaluation process (refer sections 8, 9, 10 & 11)
b.  Report prepared
3.  Committee decides as appropriate
4.  Intention publicly notified and evaluation available on request
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5.  Submissions received and assessed & report prepared to go to Committee
6.  Council decides on sale or otherwise
9.  LAND ACQUISITION/DISPOSAL CRITERIA
A range of criteria has been developed to help determine whether the Council should acquire land
either as part of the subdivision process or as a direct acquisition (refer Appendix 3).  The criteria
include:
▪  Landscape (divided into visual, open space and natural site features)
▪  Ecological
▪  Recreation (divided into informal recreation and outdoor sport)
▪  Heritage
A chart has been prepared for each criteria and a range of characteristics have been described.  The
level of significance of each characteristic is also described from which a weighting can be applied.
The charts are guides rather than definitive statements and need to be interpreted when assessing an
area of land.  The criteria are also intended for determining whether the Council should dispose of
land held for reserve purposes.
The Landscape Identity Areas, identified within the Strategic Directions, help define the essential
natural character of an area and the reserves network should build on these to form a cohesive and
integrated whole with the built environment.  The primary function of reserves is to reinforce this
character to the extent possible while fulfilling the range of recreational uses required by the
community.  In the case of Hutt City, where there is already a significant area of reserve land, it is
important that existing lands are developed to strengthen the local character and that where important
elements such as recreational access, landscape protection and conservation values exist, and where
these lands are vulnerable, that protection mechanisms are applied.  Reserve acquisition is one such
mechanism but needs to be used as a last resort.  Careful consideration should be given when
acquiring land, as there is considerable cost to the community in the purchase and maintenance of
such lands.
LANDSCAPE
Landscape, for assessing reserve values, relates to two elements, the character of the piece of land
under consideration and the context of the land in which it sits.
Visual
The visual quality of an existing or proposed reserve area is important in assessing the contribution
the reserve makes or would make to the amenity of the City.  Visual appeal is often subjective but the
elements that make up what is generally considered an aesthetically pleasing appearance can be
identified and a general level of significance attributed to them.  The characteristics to be taken into
account when considering visual aspects include landscape, prominence, integration, pleasantness
and coherence.
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Open Space
Open space is the provision of natural or ‘unbuilt lands’   within the context of the City or its suburbs.
The role of open space varies according to its function.  Open space can be a small pocket park in a
local subdivision or it can be a backdrop of hills covered in native bush.  Open space can arise from a
number of land uses including schools, golf courses, utilities, water collection areas etc.  The
acquisition of reserve land for open space purposes needs to be taken in context of the local area and
the security of the open space features in that area.  Schools can close over time, golf courses can be
sold because of land values and what was open space then becomes built area as the result of
subdivision.
Equally open space can change in function over time and where a neighbourhood was once occupied
by families and the local neighbourhood reserve was used by local children the neighbourhood can
become occupied by professional couples and the local playground no longer has a role.  These small
parks often look unattended, serve little purpose and leave a gap-tooth appearance in the subdivision.
For this reason open space should be as multi-functional as possible to ensure it operates at a
number of levels for a number of different uses.  If one function ceases or changes emphasis then the
open space should remain functional for other purposes.
The characteristics to be taken into account when considering open space include role, multi-
functional, threat to existing character.
Natural Site Features
Natural site features include areas of exotic and/or native bush, native and exotic notable trees and
native forest remnants (including those that are scheduled in the District Plan), rivers, streams, lakes
and coastal areas and topographical and geological features and that are present on a site.  The
characteristics to be taken into account when considering natural site features include bush, trees,
water, stream, geological and topographical.
ECOLOGICAL
While the ecological health of a native bush remnant, wetland or wildlife habitat is very important it can
represent considerable cost to the Council to maintain.  Retaining land in private ownership with
appropriate covenants can be an effective way of managing natural areas. Rules in the District Plan
can also be used to control or limit activities that may have an adverse effect on native bush remnants,
wetlands or wildlife habitats. The Council should therefore only acquire land that it is able to maintain
in a healthy state.  Preference should be given to areas that are representative of the biological
diversity present in an area (in terms of ecological district, local district or nationally), contain rare
and/or endangered species, are ecologically sustainable and do not occur in isolation but are part of
the larger landscape.  The characteristics to be taken into account when considering ecological
aspects include significant natural resource areas, flora & fauna, health, sustainability and infestation.
RECREATION
Land acquisition in urban areas usually has a very high component of recreational importance whether
it be for informal recreation involving casual free choice type activities usually occurring in natural or
amenity areas, or organised sport that requires modification of the land to create sports grounds and
facilities to meet the various sports needs of the different sporting codes.  The recreational needs of
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different ethnic groups within a community also need to be taken into account whether it is providing
areas for outdoor meditation or Samoan cricket.  The characteristics to be taken into account when
considering informal recreation include linear activities, access to natural areas, proximity to urban
areas, neighbourhood park and amenity.
The characteristics to be taken into account when considering outdoor sport aspects include demand,
provision, contribution, added value, sector/ethnicity and supporting facilities.
HERITAGE
Heritage in this instance covers cultural, archaeological and historic resources.  Cultural resources are
identified in the District Plan as being sites and features of significance to Maori and to European
culture and the Council will consult directly with Te Atiawa on matters affecting the acquisition or
disposal of reserve land.  The District Plan includes a list of archaeological sites recorded by the New
Zealand Archaeological Association and identified in the NZHP Register.   The characteristics to be
taken into account when considering heritage aspects include cultural, archaeological and historic.
10.  CONSULTATION
When considering land acquisition or disposal, Council Officers will discuss the matter with directly
affected parties.  This would be a preliminary discussion and would be part of preparing the initial
report going to the Committee rounds.  Consultation is likely to include but not limited to immediate
neighbours and community groups with an interest in the site including local residents groups and
existing or potential users groups.  In the case of disposal, further and wider consultation will occur
prior to any sale as a result of notification required either by the Reserves Act 1977 where the land is
declared a reserve or as a result of, Disposal of Reserves Lands - policy 2, as contained within this
document (refer pg 12) where the land is held in fee simple by the Council but managed within the
reserves portfolio.
11.  PROVISION FOR URGENT ACQUISITION
Land acquisition is usually relevant in a willing seller situation.  Very often prime reserve land is not on
the market and it is usually at short notice that such land becomes available.  Often the better land
sells quickly.  It is proposed that officers be given delegated authority to negotiate the purchase of
lands where these have previously been identified as critical to the Reserves network i.e. the land for
sale attains a very high rating on the criteria basis and is considered by the Council to be critical.
This would require officers to identify critical lands and for the Council to consider the matter in
advance of land coming on the market, with such lands being held on a private file because of the
commercial sensitivity.
In urgent cases the Chief Executive Officer would need to approve the final settlement price, where
this is the case chairpersons of the relevant committees, wards and boards would be consulted.
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12.  APPENDIX 1
KEY DIRECTIONS
The following key directions have been extracted from the Hutt City Council Reserves Strategic
Directions, October 2003.  They are the key directions relevant to the Council’s Land
acquisition/disposal policies contained in this document.
12.1  CONSOLIDATION OF EXISTING RESERVE NETWORK
DIRECTION ONE:
Review the reserve network to ensure all lands contribute effectively to the core services and activities
of the parks and reserves services of the Council now, and in the future.
Principles:
Assessing the contribution each parcel of land makes towards protecting and preserving the city’s
important natural, cultural and landscape features and/or the community’s use and enjoyment will
ensure only lands of value are retained in the reserve network.
Diverting money received from the sale of low value reserve land will contribute to the overall
improvement of the reserve network by focusing limited resources into the improvement of core areas.
Classifying reserve lands and preparing management plans in accordance with the Reserves Act 1977
for like reserves including passive, active, conservation and special reserves will ensure their long
term protection and appropriate management and development.
Relevant Actions:
1.  Establish criteria for assessing the contribution an area makes to the recreational activities of the
community and towards the protection of the natural and cultural resources of the Hutt City
territory.
2.  Review all the Council’s reserve lands to ensure:
a.  Each area of land makes an appropriate contribution to the reserve network in line with the
purposes of the Reserves Act 1977;
b.  Lands are appropriately classified according to their purpose; and
c.  Where lands are marginal, consider alternative options for protecting site values including
covenants, subdivisions etc.
12.2  RELATIONSHIP WITH OTHER PROVIDERS
DIRECTION TWO:
Ensure effective delivery of parks and recreation services to the community by continuing to work with
other agencies, other departments of the Council and the private sector.
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Principle:
Working closely with other providers of parks and recreation services will improve understanding of
the roles and responsibilities of all providers, better focus resources and enable the development of
complementary activities.
Relevant Actions:
1.  Liaise with Wellington Regional Council (WRC) on Belmont and East Harbour Regional Parks to
address land ownership matters and the proposed northern area of the East Harbour Regional
Park to address management responsibilities.
2.  Continue to liaise with WRC to improve environmental quality and recreational opportunity along
the Hutt River.
3.  Continue to work with private landowners to help provide 4WD and trail-bike access to appropriate
areas owned by the Hutt City Council.
4.  Work with other Council departments to promote the concept of “greenways” along street corridors,
especially leading to the Hutt River and Petone Foreshore from the central and urban areas of the
Hutt City.
5.  Liaise with other agencies and departments of the Council to establish “ecological corridors” along
streams and improve amenity values and recreation opportunities along the harbour foreshore.
6.  Liaise with other councils to increase linear recreation opportunities including the Regional Coastal
Trail, Hutt River Trail, and access beyond the western and eastern hills, and improve
environmental enhancement through the development of cross-boundary ecological corridors.
12.3  .ENVIRONMENTAL ENHANCEMENT
DIRECTION FOUR:
Recognise and preserve the essential elements of the city’s landscape that give structure and
contribute to its natural and cultural identity.
Principles:
Using the geographic features of the Hutt City territory to define four distinct landscape identity areas –
namely Wainuiomata, Western Hills, Harbour and the Hutt Valley – will create a focus for the reserve
network and provide reserves that protect and strengthen the important ecological, landscape, cultural
and historic features of these areas.
Developing and managing reserves that focus on and strengthen the unique landscape qualities will
not only improve the visual quality of the district but also will increase ecological health and support
biodiversity.
Relevant Actions:
1.  Assess and develop the reserve network in line with the important ecological, landscape, cultural
and historic resources of the landscape identity areas including:
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a.  Wainuiomata: protecting wilderness areas including bush, rugged coastline and river valleys
and protecting bush remnants and regenerating bush on the eastern hills and surrounding
hills of the Wainuiomata suburb.
b.  Hutt Valley: focusing and redeveloping the inner-city reserves to improve environmental
quality and provide links to the Hutt River and rehabilitate the natural qualities of stream
corridors.  Protecting significant existing trees in the central city area and intensifying street
and tree plantings to compensate for tree loss from subdivision. Continue to protect and
revegetate the Eastern Hills as an important backdrop to the Hutt City.
c.  Western Hills: protecting regenerating bush gullies and developing ecological corridors to
link with the bush areas of Belmont Regional Park.
d.  Harbour: contributing to environmental protection and enhancement of the inner harbour,
protecting culturally sensitive areas and prominent high-quality regenerating bush faces
along the harbour edge of the Eastern Bays and rehabilitating the natural qualities of the
stream corridors.
2.  Increase the ecological value of stream corridors through planting existing public lands with
indigenous and ecologically appropriate species and acquiring adjacent lands as reserves through
subdivision.
3.  Continue to return the coastal and harbour edges to their natural character.
12.4  RECREATIONAL ACCESS
DIRECTION FIVE:
Improve linear recreational opportunities including access to natural areas close to the urban
environment.
Principle:
Linking existing key reserves provides a sound basis from which to build a network of trails improving
links to natural features and providing a wide range of recreational opportunity.
Relevant Actions:
1.  Implement the findings of the Council’s Walkway Review.
2.  Work with other agencies to improve access to and along linear features such as the Hutt River,
coastline, and hill ridges and mountain ranges including 4WD and other off-road vehicles as
opportunity allows.
3.  Investigate opportunities for creating “greenways” along suitable streets linking the inner city with
natural areas such as the Hutt River and Petone Foreshore.
4.  Improve recreational access in the landscape identity areas including:
a.  Wainuiomata: continue to develop access opportunities to surrounding bush areas including
East Harbour Regional Park and improve access along the harbour edge, Wainuiomata
River and Wainuiomata coastline.
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b.  Hutt Valley: develop recreational access to and along the Hutt River, plan for and improve
access along stream corridors and assess existing reserve areas that would be suitable for
creating treed walkways close to the central city urban areas.
c.  Western Hills: link existing bush gullies and provide walking access to Belmont Regional
Park.
d.  Harbour: continue to improve recreational access along the foreshore and bays and East
Harbour Regional Park.
5.  Continue to improve access opportunities to reserves generally to cater for ageing and less mobile
members of the community.
6.  Assess reserves generally to establish which areas would be suitable for creating treed walkways
for access by the less mobile members of the community.
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APPENDIX 2
Protection Mechanisms other than Reserves
RESOURCE MANAGEMENT ACT MECHANISMS
Aside from the objectives, policies and rules in the District Plan which can protect significant land by
identifying special areas for protection including native bush, ridgelines and heritage places, and
controlling the affects of subdivision the RMA also provides for the following mechanisms:
ESPLANADE RESERVES AND ESPLANADE STRIPS
These are created under Section 229 of the RMA for the purpose of contributing to the protection of
conservation values by maintaining and enhancing the natural functioning of an adjacent sea, river, or
lake, maintaining and enhancing water quality and aquatic habitats, mitigating natural hazards, and
enabling public access and recreational use of the reserve and adjacent sea, river or lake.
HERITAGE ORDERS
Heritage orders can be used by a heritage protection authority (which may be a territorial authority) to
protect a place of special interest, character, intrinsic or amenity value, or visual appeal, or of special
significance to tangata whenua for spiritual, cultural or historic reasons.  Where a heritage order is
included in a district plan, no person may undertake any use of the land, subdivide, or change the
character, intensity, or scale of the use of the land that would nullify, in whole or in part, the effect of
the heritage order.  A heritage protection authority may compulsorily acquire the land to give effect to
the heritage order, however this has not yet been contested through the courts.
FINANCIAL CONTRIBUTIONS
This mechanism is designed to offset any adverse effects of development including subdivision.  The
means of how the principles are applied is specified in the rules in the District Plan.   Financial
contributions can include money, land or a combination of the two. This matter is dealt with as a
separate item (refer Section 1).  The Hutt City Council generally takes money unless there is strong
merit in taking the land such as when it has high value as a reserve and there is no other reasonable
alternative options to protecting any natural, cultural or heritage features on the land or the
recreational opportunities it offers.   This document describes what is important in the way of reserve
values and will be the basis of assessing land taken as a developer’s financial contribution.
OTHER MECHANISMS
These include statutory and non-statutory mechanisms such as covenants, reservations, agreements
with landowners, wildlife protection and outright purchase. A brief synopsis of these is set out below:
Reserves Act 1977 (Section 77) and the Conservation Act 1987 (Section 27)
COVENANTS
Conservation covenants provide for the protection of important natural and cultural features on private
land.  They are a way to establish a binding agreement  with the landowner to protect in perpetuity an
important natural or heritage feature that might exist on the site.  They are binding on the titleholder
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and remain on the title unless a specific process is gone through to annul the agreement.  This usually
only happens where loss of the feature occurs due to external circumstances and there is no further
merit for its protection.  Conservation covenants do not confer reserve status on the land but may be
registered against the title.
The advantage of this option is that it gives members of the community the responsibility for applying
good care and judgement in something that is of public interest.  The Council can get involved in
supporting the property owner in the care and maintenance of the feature if it so wishes.
The Queen Elizabeth the Second National Trust Act 1977 established the QEII Trust to operate
independently of any Government agency to provide, protect and enhance open space on private land
through open space covenants (Section 22).  The QEII Trust’s emphasis is generally on larger tracts
of land and high levels of significance in the features being protected.  The landowner usually initiates
these covenants which are registered against the title.  Generally management of the covenanted land
is the responsibility of the landowner but the QE II Trust may provide advice and specialist services.
Under the Historic Places Act 1993, the N.Z. Historic Places Trust (NZHPT) may negotiate a heritage
covenant with landowners which have a registered historic place on the land.  A heritage covenant is
registered against the title and may be in perpetuity, for a specific timeframe or may be terminated on
the occurrence of a specific event.
MAORI RESERVATIONS
These are provided for under Te Ture Whenua Maori Act 1993 and involve land including places of
cultural, historic or scenic interest being set aside for either the common use or benefit of the owners,
Maori of the class specified, or for the common use and benefit of all the people of New Zealand,
provided it is in accordance with the owner’s views and the local authority agrees to it.
WILDLIFE PROTECTION
Under the Wildlife Act 1953 wildlife sanctuaries, wildlife management reserves and wildlife refuges can
be established by order in Council over private and public land.  Wildlife sanctuaries can be
established without the landowner’s consent provided full compensation is paid.
AGREEMENTS
Agreements might be reached with landowners to secure certain privileges such as walkway access
where this is a better option to acquiring the land.  This is done under the likes of the New Zealand
Walkways Act 1990 and gives the owners control as to what happens on their property.  The process
requires negotiation and only proceeds when both parties are satisfied with the conditions of the
agreement.  Conditions may require the Council to fence, maintain areas, and take responsibility for
any impacts arising from public use of the area.  The Department of Conservation is also empowered
to negotiate management agreements with landowners under the Conservation Act 1987.
PARTNERSHIPS
This option might involve the combing of resources or sharing of responsibilities with another agency
or private organisation (trust).  The Council might agree to contribute part funding or alternatively carry
out certain activities such as fencing, wild animal and noxious weed control with the partnering body.
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LAND EXCHANGE
Under some circumstances the Council may consider swapping land with a private landowner to
secure a significant recreation, ecological, historic or landscape feature.

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13.   APPENDIX 3
LANDSCAPE - Visual
CHARACTERISTIC
DESCRIPTION
LEVEL OF SIGNIFICANCE
High
Medium
Low
Landscape Identity Area
Reinforces the character
Integral part of the
Contains elements
Not related to the
of the area.
defined character.
that make partial
character.
contribution.
Prominence
Degree to which the
Viewed from main
Viewed from suburb.
Viewed within street
area is seen.
arterial routes.
only.
Continuity
Provides visual
Part of scenic
Similar character but
Exists in isolation.
continuity with other
backdrop.
separated from
similar features.
adjacent area.
Integration
Provides transition
Provides significant
Provides moderate
Insignificant effect.
between hard and soft
relief from the built
relief from the built
landscape.
environment in an area
environment in an
where amenity is low
area where amenity is
e.g. strong presence of
low.
low- quality building
structures or heavily
used high impact road.
Pleasantness
Contributes to harmony
Has a special character
Contributes variety to
Featureless site in an
and balance between
that is unique within the
the reserves in the
area with an
the built & natural
reserve’s network
area.
abundance of open
environment.
space.
Coherence
Is an integral part of an
Integral part of the
Contains elements of
Not related to the
adjacent area.
adjacent area.
the adjacent area.
adjacent area.
Uniqueness
Has a unique or special
Elements are rare and/
No unique elements
Typical & highly
make up of landscape
or combine to make
but character
representative of
elements.
special character.
contributes to
other reserves in area
strengthening
for which there is an
landscape elements
over supply.
in the area.

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LANDSCAPE – Open Space
CHARACTERISTIC
DESCRIPTION
LEVEL OF SIGNIFICANCE
High
Medium
Low
Role
The purpose for which
Meets more than one of
Meets one of the Key
Does not meet any of
the land is intended.
the Key Directions of the
Directions of the
the Key Directions of
Reserves Strategic
Reserves Strategic
the Reserves Strategy
Directions (refer
Directions (refer
(refer appendix 1).
appendix 1).
appendix 1).
Multi-functional
The range of uses for
Multi purpose.
Mixed use but
Single purpose.
which it can be utilised.
purpose has potential
to change.
Threat to existing
The way the land might
Infill housing occurring
Potential for loss of
Open space provided
character
address a threat to the
or other open space
open space.
by other land uses.
character of the existing
land uses changing.
open space in the area
e.g. subdivision,
proposed roading
development etc.

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LANDSCAPE – Natural Site Features
CHARACTERISTIC
DESCRIPTION
LEVEL OF SIGNIFICANCE
High
Medium
Low
Bush
Present on the site
Covers whole area.
Covers part of area.
Small scrappy
(refer also ecological).
remnant.
Trees
Individual or groups of
Significant numbers
Individual specimens
Few trees of poor
trees present on site
registering high on
registering high on
quality and low
(refer also ecological).
NZIH assessment, or
NZIH assessment and
amenity value.
are notable trees,
can be protected
remnant kahikatea &
through other
nikau palms as per
mechanisms.
District Plan.
Water
Significant water body
Strongly present &
Partially present &
Feature modified &
on/or adjacent to the
enables natural
enables natural
minimal presence of
site (river, lake, harbour,
character of area to
character of area to
natural character.
coast).
prevail.
prevail.

Stream
Tributary feeding larger
Protects natural
Enables natural
Heavily modified &
body of water.
character.
character to be
limited opportunity to
reinstated.
rehabilitate.
Geological
Contains representative
Rare to find such a
Registered as
Not registered as
or unusual features e.g.
feature & registered
important but limited
important but provides
rock faces.
as important in
example.
local character.
various plans.
Topographical
Relates to the slope and
Provides a unique or
Provides a usable site
Can be modified at
geophysical
special character that
that can be adapted
some expense for an
characteristics of the
is important or rare to
easily for the purpose
immediate
site.
the district.
for which it is
recreational need.
intended.

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RESERVE LAND POLICY AND GUIDELINES
ECOLOGICAL
CHARACTERISTIC
DESCRIPTION
LEVEL OF SIGNIFICANCE

High
Medium
Low
Significant Natural
Site is identified in the
Will contribute greatly
Other mechanisms
Can be protected by
Resource Areas
District Plan 1.
to increasing
such as covenants
other mechanisms
ecological values of
available but there is
including covenants
SNRA and reserve
some risk.
and rules in DP.
provision only safe

means of protection.
Flora & Fauna
Significant areas of
The site has been
The site has been
The site has been
native flora and fauna
assessed by a botanist
assessed by a botanist
assessed by a botanist
(not in DP) taking into
or biologist and is
or biologist and is
or biologist and is
account rare and
considered to have
considered to have
considered to have
endangered species,
rare and/ or distinctive
moderately important
potential to become an
successional state,
elements not heavily
elements reasonably
important site.
representative value,
represented elsewhere
well represented
contribution to
in the district.
elsewhere in the
biodiversity, etc.
district.
Health
Relates to overall state
Health good & only
Health generally
Health poor &
of health of the native
requiring regular
deteriorated &
requiring a major effort
flora and fauna & ability
monitoring and
requiring significant
to rehabilitate.
of the Council to
maintenance.
attention to
manage the area.
rehabilitate.
Sustainability
Of sufficient size to
Potential to improve
Over 2 hectares.
Under 2 hectares.
sustain ecological
ecological
integrity.
sustainability as part of
larger contiguous area.
Infestation
Degree to which area
No infestation of
Some infestation of
Heavy infestation of
is affected by invasive
weeds threatening the
weeds with minimal
weed threatening
weed species.
ecological health of the
threat to ecological
health of the bush,
bush.
health but able to be
unable to be controlled
controlled at moderate
without considerable
cost.
cost.

1  The  District  Plan  contains  a  list  of  natural  resource  areas  including  natural  and  geological  features,  flora,  fauna,
wetlands, lakes habitats and the coastal environment.

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RECREATION – Informal
CHARACTERISTIC
DESCRIPTION
LEVEL OF SIGNIFICANCE
High
Medium
Low
Linear activities
The provision of trails
Critical for access to
Provides a link with
Is in isolation
that enable the full range
wide variety of
other areas extending
providing an
of walking, running,
recreation
the opportunity &
experience generally
cycling, etc. connecting
opportunities or
range of use within
available in other
different natural features
provides an
the city.
areas in the city.
& reserves.
experience that is not
readily present in
other areas in the city.
Links with other
areas.
Access to natural areas
Provides access to
Gives access to
Complements existing
Caters for a minority
rivers, harbour, bush &
recreational areas in
recreational access &
& provided for
hilltops.
high demand.
improves
elsewhere in the city.
management access.

Proximity to urban areas
Enables access close to
Accessed by walking
Generally requires a
Accessible only by
residential areas.
or biking from
short distance of
vehicle.
residential area.
transport to get to
site.
Neighbourhood Park
Provides space for kick-
Meets immediate
Area serves as a
Immediate needs of
a-ball space, playground
needs of local
sector playground
small local community
& trees.
community within
attracting wider use.
meet elsewhere in the
context of other uses.
neighbourhood.
Amenity
Spaces created to
Important high profile
Provides relief in a
Contributes to the
provide amenity as relief
area in CBD attracting
high-density urban,
general quality of a
and interest in the urban
visitors.
industrial or roading
neighbourhood.
environment.
area.

PG-POL-002 | DOC/14/183846 | JULY 2015
Page 27 of 29

RESERVE LAND POLICY AND GUIDELINES
RECREATION - Outdoor Sport
CHARACTERISTIC
DESCRIPTION
LEVEL OF SIGNIFICANCE
High
Medium
Low
Demand
Population & range
High numbers using
Moderate numbers
Low numbers with
base for which facility
facility catering for a
using facility but use
exclusive use of
is sought.
wide range of ages
restricts other
facility.
both male & female.
activities.
Can mix with other

activities.
Provision
Demand for facility.
Sport in high demand
Sport in high demand
Can be
& facilities available
& can not be catered
accommodated on an
elsewhere or cannot
for easily.
existing ground but
be located on existing
group prefer own
ground.
dedicated site.
Contribution
Partnership
User group making a
User group will
No support from user
arrangement with user
financial contribution
contribute to ongoing
group.
group.
towards acquiring
costs of maintenance.
property.
Added value
The way the
Is complementary to
Minimal conflicts with
Stands alone with
activity/facility
existing facilities on
existing use on
minimal opportunity
complements existing
adjacent area &
adjacent area. Some
for other use.
activities/facilities.
extends opportunity
complementary
for wider area.
advantages.
Demographic/Ethnicity
The character &
Serves a full range of
Serves a significant
Demographic &
special makeup of the
demographic &
range of demographic
ethnicity needs meet
community in the
ethnicity needs across
& ethnicity needs in a
elsewhere and readily
provision of recreation.
the city.
geographic area.
accessible to the local
community.
Supporting facilities
Facilities required to
Minimal to no
Some facilities
Requires major
support the use of
additional buildings
required but can be
facilities
grounds.
required.
accommodated in
accompanying use of
existing buildings or
ground.
otherwise mobile.

PG-POL-002 | DOC/14/183846 | JULY 2015
Page 28 of 29

RESERVE LAND POLICY AND GUIDELINES
HERITAGE
CHARACTERISTIC
DESCRIPTION
LEVEL OF SIGNIFICANCE

High
Medium
Low
Cultural
Includes all sites &
Site of known value
Considered having
Vague reference
features significant to
to iwi, listed on the
some importance but
but no substantive
iwi.
DP & registered on
exact nature unknown.
knowledge by iwi.
the NZHPT register
or silent file.
Archaeological
Includes all sites
All sites included in
Sites where other
Unknown sites
associated with pre-
DP & registered
means of protection
resulting from
1900 human activity
under HPA where
may be available e.g.
ground disturbance
where there may be
acquisition of the
covenants etc.,
& not considered
evidence relating to the
land for reserve
different land uses
significant by
history of NZ (HPA
purposes is
e.g. grazing,
NZHPT or sites
1993).
considered essential.
preventative building
where NZHPT gives
measures etc.
authority to damage
or destroy.
Historic
Includes historic places
Places registered
Places registered
Where a feature is
such as buildings,
Category I under the
Category II under the
present, may be of
structures, tracks &
HPA & where
HPA & where
immediate local
gardens that may be
acquisition of the
acquiring the land for
value but of little
rare, representative of
land for reserve
reserve purposes are
significance to the
NZ history, associated
purposes is
complementary to
wider area &
with event/ person/ idea
considered essential.
wider reserve
therefore lower
of importance to NZ
objectives.
priority for
history, symbolic or
expenditure of
commemorative, have
Council funds.
technical or design
merit, part of historic
landscape.

PG-POL-002 | DOC/14/183846 | JULY 2015
Page 29 of 29

POLICY
COST OF FENCES ON BOUNDARIES CONTRIBUTIONS

Division
Parks and Reserves
Date Created
August 2008
Publication Date
August 2008
Review Period
August 2012
Owner
Administration Officer
Administration Officer
Administration Officer
Document Identifier
PG-POL-007-Cost of Fences on Boundaries Contributions

Version
Author
Date
Description
Council Contributions to
the Cost Of Fences
V 1.0
Janine Jones
18/08/08
Erected on Boundaries
With Land Managed as
Reserve

PG-POL-007 | DOC/14/183849 | JULY 2015
Page 1 of 3

COST OF FENCES ON BOUNDARIES CONTRIBUTIONS
POLICY
Council Contributions to the Cost Of Fences Erected on Boundaries With Land Managed as Reserve.
1.  This Policy does not act as a waiver to the Fencing Act 1978 it is provided for informational
purposes.
2.  An adjoining owner must comply with the requirements of the Fencing Act 1978 (including
notification requirements)
3.  A contribution of:
a.  a flat rate of $50.00 (inc GST) per linear metre without a mowing strip;  OR
b.  a flat rate of $60.00 (inc GST) per linear metre where a mowing strip, as described in Clause
4, is required;  OR
c.  50% of the cost;
Whichever option is the lesser.
4.  It is the responsibility of the adjoining owner who constructs the fence to ensure it is on the legal
boundary. Council will not contribute to a fence that is not on the legal boundary unless there is a
written agreement between both parties prior to the fence being constructed.
5.  The fence must be within a minimum height of 1.0 metre and a maximum height of 2.0 metres. Any
building consent requirements must be met by the property owner who constructs the fence.
6.  On the Reserve side of the boundary a 300mm mowing strip is required. It should be level with the
ground on the Reserve side of the boundary, to allow mowing up to its edge. NB: This applies to
Reserves that are mown. It does not apply to boundaries with Bush Reserves or car parks, for
example.
7.  If the fence is painted, it must be one uniform colour including the Reserve side.
8.  There are no other restrictions on the type of fence to be built, only that it must be of sound
construction.
9.  On completion, a letter requesting Council’s contribution towards the repairs/new fence along with
copies of receipted accounts, showing the cost of the fence, must be forwarded to the
Administration Officer, Parks & Gardens.
10. On receipt of these accounts, an inspection of the fence will be made by a Council officer.
11. Subject to a report that the fence is satisfactorily constructed, Council’s contribution will be
processed and a payment forwarded to the property owner.
12. Council will not contribute to a fence after three months has elapsed from the time of its
construction or where the property has a covenant that excludes Council from liability.

PG-POL-007 | DOC/14/183849 | JULY 2015
Page 2 of 3

COST OF FENCES ON BOUNDARIES CONTRIBUTIONS
Bruce Hodgins
Divisional Manager
PARKS & GARDENS
Date: _________________________

PG-POL-007 | DOC/14/183849 | JULY 2015
Page 3 of 3

POLICY ON

PRIVATE USE OF HUTT CITY COUNCIL LAND

1  PURPOSE

The purpose of this policy is to:

•  describe Hutt City Council’s (Council’s) position on the private use of land owned and managed by
Council;
•  outline the situations in which such private use will be considered by Council; and
•  outline the steps that must be taken when a person (being an organisation or individual) wishes
to use Council land for their own use on a long term basis.

2  SCOPE

This policy applies to:

Applications by third parties to Council for:

•  The long-term private use of Council land where Council wishes to retain ownership or
management of land.
•  Use of:
a) Roads;
b) Drainage reserves;
c) Reserves (irrespective of their legal status under the Reserves Act 1977);
d) Any other land owned or managed by Council; and
e) Space above and below ground level on Council land (e.g. building overhangs).

Exceptions

There are a number of matters outside the scope of this policy. For example, requests for short term
use of land (such as for a one or two day event) or a request to purchase land.   These matters are
addressed  on  a  case-by-case  basis  by  the  Asset  Manager  responsible  and  in  accordance  with
applicable legislative requirements.

3  DEFINITIONS

For the purposes of this policy:
•  “Drainage reserve” is land set aside for Council during land development for stormwater and
wastewater  drainage,  water  supply  reticulation  or  the  right  to  lay  these  services  in  the  future.
Drainage reserve often includes one or more of the following: overland and underground streams
or  watercourses;  open  storm  water  drains;  underground  stormwater,  wastewater  and  water
pipes. The watercourses, drains and pipes often serve more than one property.
•  “Private use” refers to all use of Hutt City Council land by any person (being an organisation
or individual) other than Council or one of its contractors.
•  “Long term” refers to any use of Hutt City Council land that is greater than 3 months if the use
is continuous, or greater than six months if the use is not continuous.
Private Use of HCC Land Policy  / Amended 10 October 2023
P.1

•  “Council land” refers to Roads, Drainage reserves, Reserves as well as all other Council owned
or vested land, land managed by Council and the airspace above such land.
•  A “Licence” refers to:
a)  A  Licence  to  Occupy,  which  is  a  licence  issued  for  access  to  and/or  private  use  of
(vacant) Council land, where no structures will be permitted. It includes all forms of access
provided; including permits and profits a prendre.
b)  An  Encroachment  Licence,  which  is  a  licence  issued  for  private  use  of  Council  land
where structures will be permitted.
Private  use  allowed  under  a  Licence  may  not  necessarily  allow  exclusive  use  of  the  land  in
question.
•  A “Lease” refers to an agreement between the parties under which the terms and conditions
are binding on both parties. Terms will include a specified period- usually with a right of renewal,
and rental review periods. 1
•  “Reserve” refers to all of the land managed by the Leisure Services Division of the Hutt City
Council.    Although some of this land has status under the Reserves Act 1977, the majority has
none. Regardless of any Reserves Act status, the Council manages all of its reserve land assets
as if the land has such status.
•  “Road”  has  the  meaning  set  out  in  section  315  of  the  Local  Government  Act  1974  and
includes land formed or laid out as road, footpaths, access-ways, berms at the sides of formed
road, and land vested in Council or held by Council for roading purposes.
•  “Easement” refers to a right to use Council land for a particular purpose only (e.g. to pass across
Council land or for services under or over Council land). Easements are normally in perpetuity
and have clear agreements setting out the right to use the Council land which are registered on
both the Council title and the User’s title. Easements can not be granted over “road”.

4  NEW, EXISTING AND UNAUTHORISED USE OF COUNCIL LAND

Subject  to  any  statutory  right  of  ongoing  use,  from  the  date  of  enactment,  all  future  requests  for
private use of Council land will be treated in accordance with this policy.

All current leases and licences will continue to be upheld as per their current conditions, until the
term (including any options to renew that are able to be exercised by the tenant) expires.

Council will seek to formalise all existing unauthorised private uses of Council land in accordance
with this policy on a priority basis as they are brought to Council’s attention. In such cases the existing
unauthorised use will be treated in the same manner as an application for a new use under this policy.
If the current use would not have been given Council approval then that use will have to cease and
any building and/or fixtures removed, to a standard acceptable to Council, at the owner’s expense.

5  COUNCIL’S GENERAL POLICY POSITION

Council’s overall position towards the private use of Council land is that Council holds  and manages
land  for  specific  purposes,  and  this  purpose  takes  priority  over  any  proposed  private uses that
are contrary to the purpose of Council.

1 Note i: Under the Reserves Act 1977 there are special conditions in relation to leases and licenses over Reserve managed by Councils.
This policy does not in anyway override these.
Note ii: While a lease can apply to land or buildings, or both, this policy only applies to the leasing of land, not buildings.
Private Use of HCC Land Policy  / Amended 10 October 2023
P.2

Use  of  Council  land  is  discretionary.  This  policy  gives  guidance  on  how  that  discretion  will  be
exercised  but  Council  reserves  the  right  to  make  decisions  on  use  of  the  land  other  than  in
accordance with this policy.

6.
GENERAL CONSIDERATIONS

The Council will make a judgment with each application it receives under this policy as to how a
decision on the application ought to be made. The process provided below is a general indication
of the steps it intends to take on such applications.

STEP ONE:  SIGNIFICANCE

Explanation/Notes
COUNCIL’S GENERAL POSITION

SIGNIFICANCE IN ACCORDANCE WITH

POLICY

The Council will, upon receiving an
It is not necessary to follow the same
application, determine the significance of the
decision-making processes for every
application in accordance with any policy
application.  The Council will consider at
under section 90 of the Local Government Act
the outset the importance of the application
2002 that may, for the time being, be
in order to consider the scale and extent of
applicable.
the steps then taken.

The determination of significance will in turn
determine the scale and extent of the
Council’s steps at each stage of the process
provided in this clause.

STEP TWO:  IS THE USE OF COUNCIL LAND REALLY NECESSARY?

Explanation/Notes
COUNCIL’S GENERAL POSITION

APPLICANT’S ABILITY TO USE OTHER

LAND

Wherever practical, applicants wishing to use
The person(s) with the authority to make
Council land should first attempt to use their
the decision will need to be convinced that
own land, or make arrangements with other
the use of Council land is the best option
private parties.
available for the application.
A list of steps taken to make such
arrangements should be given by the applicant
and reasons given as to why those options are
not favoured.
Private Use of HCC Land Policy  / Amended 10 October 2023
P.3

ABILITY TO USE COUNCIL LAND FOR THE
PROPOSED PURPOSE

The Council will consider whether there are
Where an application is wholly
any legal impediments to the proposed use of
inappropriate for the Council land
Council land that are of such significance that
proposed, the Council is able to point out
consideration of the proposal ought not to
that fact to the applicant and refuse the
continue. Where the land has been endowed
application at this stage.
to the Council for a specific purpose that is
inconsistent with the proposed use, or where
there is any limitation registered on the title to
the land that is inconsistent with the
application, the Council may refuse the
application at this stage.

DECISION: ARE THERE BETTER

ALTERNATIVES?

After receiving suitable information on
If the land in question is currently used by
necessary alternatives the Council will
the public such as a recreation area or as a
determine whether there are other more
walking track, then Council will look at the
appropriate options other than using Council
appropriateness of the use and if there are
land for the proposal. Considerations will
alternative locations for the current or
include:
proposed uses.
•  Whether inability to use Council land will
cause significant hardship to the Applicant;
•  Whether it is practically possible to use
private land for the proposal.
If the Council decides that there are practical
alternatives to the use of Council land
available then the application will be referred
back to the applicant for those options to be
pursued further.

STEP THREE: WHO HAS BEEN CONSULTED?

Explanation/Notes
COUNCIL’S GENERAL POSITION

CONSULTATION UNDERTAKEN

The onus is on the Applicant to show to the
Before making the application the Applicant
Council that they have consulted with all the
should have spoken to the people it thinks
groups that might be affected in some real way  would be affected by the proposal.  It
by the proposal. Not only the fact of
should record their opinions and present
consultation should be disclosed, but also the
those to the Council with its application.
views of the groups consulted.
Private Use of HCC Land Policy  / Amended 10 October 2023
P.4

DECISION: SUITABLE CONSULTATION?

The Council will then make a determination

whether any other person, group or
Because the Council has the obligation to
organisation should properly be notified and
consider all the people that will be affected
consulted. An application may be referred
in some real way by the application, the
back for further  consultation if:
Council will first see whether all the
•  The applicant has failed to consult with
necessary people have been approached.
groups that in the Council’s opinion will be
affected in a material way by the proposal
If they have, it will then see whether their
being granted; or
views have been recorded. If some
•  A consulted party’s opinion on the proposal  deficiency exists in either respect, the
has not been suitably communicated to the  application may be referred back for further
Council.
or better consultation.
The Council may choose to undertake the
further consultation itself rather than refer the
applicant back to undertake further
consultation.

STEP FOUR: CONSIDERATION

Explanation/Notes
COUNCIL’S GENERAL POSITION

When considering an application Council
CONSIDERATION 1: COUNCIL’S INTENDED  will look at whether or not it still requires
USE
the land.

The Council’s need for and the purpose of
Sale and exchanging of land are not
Council land will take priority over any
covered in this policy as they are covered
proposed private use.
by separate statutory requirements and
Council policies/processes. If Council
pursues either of these courses of action it
must follow specific legal procedures to do
so.  This may mean that the land is not
able to be purchased or used by the
applicant.

CONSIDERATION 2: APPLICANT’S

PROPOSED USE

Some of the issues that may be considered
As a landowner, Council has an obligation
when looking at the proposed use of Council
to ensure that the proposed use of the land
land by the applicant are:
is consistent with how Council wishes the
•  Whether it is desirable for the general
land to be used.
public to (still) have access to the land;

•  The intended length of the use;
It should be noted that this approval is
•  Consistency with Council asset
separate and notwithstanding any other
management planning requirements;
approvals that need to be gained for any
•
other legislative requirements such as
  Likely impacts including any significant
Resource Consents and Building
amenity impacts; and
•
Consents.
  Long-term benefits and disadvantages to

the city and community (e.g.
The permitted use will be specified in any
Private Use of HCC Land Policy  / Amended 10 October 2023
P.5

environmental, social, economic and
licence or lease issued.
cultural benefits).

This list is not exhaustive. The person(s)
delegated the decision making power may
take into account other factors considered
relevant to the application received.

Depending on the proposed use of the
CONSIDERATION 3: LEGISLATIVE
land, and the type of land involved, this
may include (but is not limited to)
REQUIREMENTS
requirements relating to:
Any approval to use Council land is given by
•  The Reserves Act 1977
Council acting in its role as a landowner only,
•  The Resource Management Act 1991
and will be subject to the applicant meeting all
•  The Public Works Act 1981
relevant legislative requirements.
•  The Local Government Act 1974; and

•  The Local Government Act 2002.
The applicant will be responsible for identifying  As part of the Application For Use process,
and meeting these requirements, as well as
officers will endeavour to assist applicants
meeting all costs associated with them.
to identify potential legislative
requirements, however ultimately the
applicant is responsible for identifying and
meeting any legislative requirements.

CONSIDERATION 4: SAFETY/NUISANCE
Council cannot or will not approve private
AND COUNCIL LIABILITY
use of Council land for illegal or unsafe

activities. Council will also consider the
The applicant must satisfy the Council that any  effects on adjoining landowners and
safety, nuisance or other liability issues have
concurrent users of the land in assessing
been identified and managed appropriately.
its concerns about risks arising from the
proposed use of the land. Council may
require the applicant to indemnify the
Council as a condition of granting its
consent to use the land.

OTHER CONSIDERATIONS

The Council may consider any other factor that
may, in its view, be of relevance to the
application and may disregard any of the
above considerations if, in its view it is not of
relevance to the application.

7  PROCESS

The process for applying and having a request considered is set out in the diagram in Appendix A.

Applicants are required to complete the application form for Private Use of HCC land. The application
must describe the proposed use and include a plan prepared by a suitably qualified person showing
clearly the following:
Private Use of HCC Land Policy  / Amended 10 October 2023
P.6

a)  Legal boundaries and legal description of the area, together with any  adjoining properties
that may be affected;
b)  The  position  of  services  (if  any),  both  on  under  or  above  the  road  and  the  site.  This
includes  sewer,  storm  water,  water  supply,  gas,  electricity,  and  telecommunication
services2;
c)  The position of adjacent buildings (if any); and
d)  Topography  –  including  key  levels,  contours,  embankments,  trees,  road  carriageway,
footpath, kerbs, berms and any other physical features.

The  application  should  address  applicable  considerations  identified  in  this  policy.  Applicants’
attention is drawn to Appendix B, which sets out other considerations applicable to Road, Drainage
reserve and Reserve land respectively.

Applicants  will  be  required  to  meet  all  costs  associated  with  this  application  including  an  initial*
application fee of $150 plus GST for new applications or $50 plus GST for existing applications that
already have Land Owner consent.   This application fee may be waived in special cases by Council
officer’s, for instance, if the private use of Council land wil  have a significant benefit to the Council.

The Application fee is to be charged in order to recover some of the cost to the Council involved in
processing and assessing each application received.

* If the application assessment/processing time exceeds 8 hours an hourly rate of $45 per hour will
be  charged.  Council  officers  will  advise  the  applicant  if  the  time  frame  will  be  exceeded  prior  to
proceeding  further  with  the  processing  of  the  application.  The  additional  application  fee  will  be
payable prior to advising the applicant of the Council’s decision.

Application should include the following in addition to the foregoing:
a)  A description of what private property (if any) may potentially be suitable as a site for the
proposed use;
b)  An explanation as to why Council property is being favoured over the use of private property;
c)  A list of the groups that have been consulted. In addition, an explanation as to why those
groups have been consulted or, if no groups have been consulted, an explanation as to why, in
your view, consultation is unnecessary; and
d)  Where consultation is undertaken, an explanation as to each group’s position with respect to
the proposal.

8  COSTS

Care of Land

Persons using Council land will need to accept responsibility and associated costs for maintaining
the Council land in accordance with any legal requirements and to a reasonable standard, to the
satisfaction of Council.

2 Council land is often used by utility service providers and as such, before approving the use of land, the applicant will be required to
produce letters of approval from (where applicable) the appropriate network operators
Private Use of HCC Land Policy  / Amended 10 October 2023
P.7

Annual Charges

In most cases, persons using Council land will be charged for use of the land.   Council sets charges
for leases and licences at a level that fairly reflects:

1.  The benefit received by the private user;
2.  Council’s reasonable costs in administering the licence3 or lease; and/or
3.  Local authority charges relating to the land.

An indication of these charges is given in the following table.

Type of Use
Charge Rate (Annual Rental)
Commercial/Industrial
Market rate*
Non Profit Organisations
As per Reserve Rental Formula**
Charities
Peppercorn
Use by an individual or group of
Licence –flat rate***
individuals (“Individual”) - exclusive use
Lease –market rate
Individual Use –unlimited public access
Peppercorn

*
All market rates are as assessed and negotiated by the Property Manager, based on
independent valuation advice, or standard methods used by other authorities i.e. the
Department of Conservation.
**        Council adopted this in June 1994.  Refer Appendix C for details of the formula.
***    The flat rate for individual(s) use will vary depending upon the nature of the use, however an
indication of the rates will be shown each year in Council’s Annual Plan.

3  Charges  may  vary  depending on  the  type of  agreement  Council  requires.
Private Use of HCC Land Policy  / Amended 10 October 2023
P.8

POLICY APPENDICES

A)  PROCESS FOR ADMINISTERING REQUESTS FOR USE OF COUNCIL LAND

B)  OTHER CONSIDERATIONS:

•  Roads

•  Drainage reserve

•  Reserves

C)  RESERVES RENTAL CHARGE FORMULA
Private Use of HCC Land Policy  / Amended 10 October 2023
P.9

APPENDIX A - GENERAL PROCESS FOR ADMINISTERING A
NEW REQUEST TO USE COUNCIL LAND

* E HCC
nquir  S
y  en
to  ds
Co
u Info
ncil   Pack
* Council sends out
information

* Council receives written

General considerations
Application For Use

(refer Section 6)

* Officers consider
Any other considerations

application
dependent  on  type  of  land

* Sale of land -  OUTSIDE
Separate Council procedures
SCOPE OF POLICY
and statutory requirements

* Land exchange – OUTSIDE
SCOPE OF POLICY

*  Lease/Licence/Easement

*  Consultation if required

Yes

No

* Officers prepare report

* Applicant advised of

meeting

Applicant obtains other

required approvals i.e.

•
Resource  Consents
•
Building Act
Approval in
Approval
* Application heard by
•
Minister of
principle?
appropriate  Committee
Conservation
Subject To:
•
H&S
•
Food Regulations

Not Approved

Applicant advised of
* Officer checks approvals
decision and reasoning
obtained
behind it
* Use of land formalised
Private Use of HCC Land Policy  / Amended 10 October 2023
P.10

APPENDIX B - OTHER CONSIDERATIONS

The following are some guidelines towards the types of other considerations that Council may take
into  account  when  dealing  with  a  private  application  to  use  Road,  Drainage  Reserve  or  Reserve
land.  Applicants  are  advised  however  that  these  considerations  are  not  exhaustive  and  that  all
applications will be treated on a case-by-case basis.

•  ROADS

Specific Principles For Roads

It is Council’s position that:

a)  Roads  are  primarily  to  be  used  for  movement  of  vehicles  and  people,  but  also  may
accommodate a variety of other public uses (e.g. utilities); and
b)  Private use of Road is only acceptable to Council where certain criteria are met, the Council
is  satisfied  that  the  right  to  pass  and  re-pass  is  protected  and  there  is  no  legal  nuisance
arising.

Specific Considerations For Roads

a)
Potential traffic/ safety implications – e.g. protrusions into the formed road or blocking of
sightlines
b)
Neighbours’ concerns
c)
Potential conflicts with utility operations, such as buried and overhead services
d)
Legislation applying to Road Land includes:
•  Local Government Act 1974; and
•  Resource Management Act 1991.
e)
Other specific documents related to the use of Roads include:
•  Proposed District Plan; and
•  Eastern Bays Design Guide.

•  DRAINAGE RESERVES

Specific Principles For Drainage Reserve

Land held as Drainage reserve enables Council to have unrestricted access to the watercourses,
drains and underground pipes for maintenance and renewal purposes, and also gives it the right to
lay drainage services in the future.

Most  applications  for  the  private  use  of  Drainage  reserve  relate  to  the  extension  of  lawns  and/or
landscaping from private properties onto the Drainage reserve, vehicular access to properties and
the erection of structures such as garages and overhanging decks.

It is Council’s position that:

a)  It is important for Council to maintain unrestricted access to water services infrastructure.
Drainage reserve is one mechanism by which this can be achieved.
b)  Drainage reserves covering open drains and watercourses should be free of encroachment
and/or obstruction as they are important for stormwater drainage and flood control in the
district.
c)  Private use of drainage reserve land that would significantly increase the loading on
services in the drainage reserve or otherwise expose the services to increased risk of
damage are undesirable.
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d)  Private use of drainage reserve land that limits Council access to the land or services
and/or limits the public from using the land is undesirable.
e)  Proposals  for  vehicular  access  along  a  significant  distance  of  a  drainage  reserve  are
undesirable.  Only proposals for localised vehicular access will be considered.
f)  It is desirable for Council to retain drainage reserve land if the land is used, or has potential
to be used, as a public access way leading to a public amenity, for example footpath
leading to a beach.
g)  If it is deemed unnecessary for Council to have ownership of the drainage reserves land
which contain underground pipes, Council will consider the sale or exchange of land on the
condition that an easement is drawn up over the land to enable Council to have access to
the underground pipes for maintenance and renewal. For example, private properties
adjoining drainage reserve land with underground pipes.

Specific Considerations For Drainage Reserve

a)
Care of Drainage reserve

Successful applicants will be required to carry out maintenance on the Drainage reserve and
to properly maintain any existing fences. No additional trees will be permitted to be planted
on Drainage reserve with underground water services, as tree roots could damage the water
services.

Successful applicants will be required to ensure that access is available for Council to inspect
its drainage assets.

b)
Other documents related to the use of Drainage reserve.

Although  this  policy  stands  alone  for  the  purpose  of  guiding  decisions  on  private  use  of
Drainage  reserve,  there  are  other  documents  that  may  be  referred  to  and  followed  in  the
process.  These documents include:

•  Hutt City Council Proposed District Plan
•  Water Services Asset Management Plans

•
RESERVES

The Leisure Services Division of Council is responsible for approximately 5300 hectares of  land and
1340 individual properties. The bulk of this land is owned and managed by Council. However some
properties  are  owned  by  the  Crown  and  managed  by  Council,  others  are  owned  by  Council  but
managed by the Wellington Regional Council.

Generally  these  properties  have  an  ecological,  landscape  enhancement  or  recreational  focus.
Regardless of any Reserves Act status, Council uses the Act’s objectives and processes to guide its
management of Reserves.

The range of Reserves managed by Council is diverse and covers many environments, habitat types,
recreational  activities  and  community  uses.  These  Reserves  generally  provide  recreational,
ecological, conservation, open space, community, educational and landscape benefits to the City.

Human and non-human populations enjoy the benefits of Reserves and the Reserves  are managed
to  enhance  the  long-term  capability  of  these  sites.  Reserves  play  a  special  role  in  the  City’s
biodiversity. They contribute significantly to the character and attractiveness of the City.
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Specific Principles For Reserves

With regard to Reserves, it is Council’s position that:

a)  Reserve land is important for humans, terrestrial and aquatic creatures, invertebrates, birds
and soil conservation;
b)  Individual  properties  managed  as  Reserve  provide  opportunities  to  benefit  different
populations;
c)  Generally Reserve  land  is  precious  and  Council  does  not  wish  to  see  the  City’s  Reserve
estate decline in quantity or quality;
d)  Council’s ability to use Reserve land for recreational, ecological, conservation, open space
and landscape purposes brings benefit to the City; and
e)  Council  encourages  the  use  of  Reserve  land  by  communities,  and  recreational  groups,
especially where multiple uses of land and facilities can occur.

Process For Making Applications For Use Of Reserves

Where Council receives a proposal for private use of Reserve land, the general process outlined in
Appendix A is followed.

However for Reserve there is usually a requirement for Council (in accordance with the Reserves
Act  1977)  to  publicly  notify  its  intention  to  consider  the  possibility  of  issuing  a  Licence,  Lease  or
Easement to a private user and to invite submissions either supporting or opposing the proposal. If
objections are received it will probably be necessary to hold a hearing on the applicant’s proposal.

In  addition  to  possible  hearings,  the  application  may  also  require  consent  from  the  Minister  of
Conservation. This Ministerial consent is required only where a Reserve Management Plan does not
cover  the  Reserve  in  question  and/or  the  Reserve  Management  Plan  does  not  contemplate  the
issuing of a Lease or Licence that has been applied for.

Some applications may require a Resource Consent. This process is separate to the Reserves Act
process.  It is the applicant’s responsibility to apply for a Resource Consent if needed, and to supply
all  information  required.  Any  Lease  or  Licence  applied  for  will  only  be  issued  subsequent  to the
issuing of Resource Consent where this is required.

Specific Considerations For Reserves

a)  Council’s intended use

Where  Reserve  land  is  fulfilling  a  function  that  is  consistent  with  the  purposes  and  uses  of
Reserve land, such use will generally take priority over any proposed private use.

It is acceptable for Reserve land to be currently undeveloped, even if it is not generating obvious
benefits  now,  so  long  as  there  is  potential  for  the  City  to  benefit  from  the  land  in  the  future.
Council may take this future value into account  in considering any application for private use.

b)  Applicant’s proposed use

The  proposed  use  must  be  consistent  with  the  principles  of  Council’s  Reserve  Management
Plans, the Reserves Act 1977 and any other relevant Council policies.
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Specifically,  when  dealing  with  land managed  under the  Reserves  Act  1977,  Council  officers
may consider the effects (e.g. recreational and ecological) that any loss of public access to the
site may have.

c)  Specific legislation applying to Reserves

Regardless  of  whether  the  Reserve  has  official  status  under  the  Reserves  Act,4  Council  will
follow  the  process  and  principles  in  the  Reserves  Act  1977  in  making  decisions  concerning
private use of such land.

d)  Current use

Council encourages the use of Reserve land by community and recreational groups, especially
where  multiple  uses  of  land  and  facilities  can  occur.  If  such  use  is  already  occurring  on  the
Reserve  in  question,  and  there  is  limited  scope  and/or  capacity  for  additional  uses  then  any
further applications may be declined.

e)  Consultation requirements

Under s119 of the Reserves Act 1977, public notification of the proposed use of the Reserve
land may be required.  There are some exceptions to this.   Officers will advise applicants of the
consultation requirements when they are preparing their application.

f)
Care of Reserve land

The private user will be responsible for managing the land in accordance with any Licence or
Lease document entered into by Council. Modifications to Reserve land or buildings, structures,
natural or manmade facilities,  trees and vegetation must be approved by the Asset Manager
prior to changes taking place.

g)  Other documents related to the use of Reserves

Other  documents  that  may  be  referred  to  and  followed  in  the  process  for  considering
applications for private use under this policy include:

•  Hutt City Council  District Plan;
•  Hutt City Council Reserves Strategic Directions, May 2001;
•  Hutt City Council Reserve Management Plans;
•  Hutt City Council Walkways Review, 1997; and
•  Any relevant Hutt City Council Asset Management Plans.

4 Some reserves land can also be “endowment” land and remain subject to sections 140 and 141 of the Local
Government Act 2002 if the reserves classification is revoked.
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APPENDIX C - RESERVE RENTAL CHARGE FORMULA

Non-profit organisations (such as recreational and sporting bodies) using Council land will be
charged a rental based on the following formula.

1.  For land with permanent buildings.

This is charged at $4.00 for the first 100m2 and the remainder at $2.00 per m2 up to 500m2.

NB:
For buildings in excess of 500m2. The remainder over 500 is calculated at $1.00 per
m2.

NB:
An additional (1 metre) is added to the perimeter of the building to allow for steps,
overhangs etc.

2.  For land not used for buildings. This is calculated at $20.84 per 1,000m2.

3.  A 50% rebate is given for unlicensed areas used for the principal purpose of the lessee.

EXAMPLE

Bowling Club (746m2 for their building and enclosed land for greens 6,869m2.)

Building
100m2 at $4.00
=
$400.00

400m2 at $2.00
=
$800.00

246m2 at $1.00
=
$246.00

Land
6869m2 $20.84 per 1,000m2  =
$143.15

Total
$1,589.15

These formulas will become effective on 1 July 1994 until further notice.

(All figures are exclusive of GST)
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APPENDIX 3

Private Uses that will Be approved by Officers, and Council Committees.

Major Uses
Minor Uses

(Political Decision)
(Officer Delegation)
Any significant
Garages
commercial/industrial activity
Parking areas, carports, pads
All applications for use of land
Gardens, garden sheds and garden
Managed as Reserve under the
structures
Reserves Act 1977, excluding
Lawns
; gardens, lawns and grazing,
Grazing land
and granting of S461
Cable cars
certificates for drainage rights
Driveways and access ways
Any use involving dangerous
Canopies and building overhangs
goods in areas where it is not a
Café dining
permitted use in the proposed
Verandas, balconies, decks
district plan
Underground tanks
Major structures and uses
Signs and fences
Bridges
Footpaths
Easements excluding; S461
Utilities
Certificates to grant drainage
Renewal of existing leases and
rights as follows; rights to
licences
convey water and rights to
S461 Certificates
drain water
Vendor licences
Any exclusive use lease or
Any other minor structures
licence for a period greater than 5
years

If there is ambiguity as to whether an encroachment is major or minor, the encroachment will be
treated as major.

That an officer acting under delegated authority, if considered appropriate and with due sensitivity,
could refer the matter to the Chairperson of the relevant Community Board or Ward Committee for
comment.
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Document Outline