Update April 2023
The proposals were adopted by Council on 23 March 2023. Final approval is now required from the Minister of Conservation and the Minister of Land Information. This has been requested.
Update January 2023
A total of 15 written submissions were received by the close of submissions on 28 November 2022. Two submitters asked to speak to their submissions at the hearing to be held at 9.30am on 7 February 2023. Deliberations will also take place that same day, following the conclusion of the hearing and a site visit.
Following any changes recommended by the Panel, the final proposals will be presented to the Council on 23 March 2023.
Background
Approximately 30 landowners on Best Island currently only have legal access to their property via the sea and/or foot access via esplanade reserve. The physical road formation that people use for vehicle access has never formally been legalised. Best Island Recreation Reserve was created as part of the original 1950s subdivision on the island. Like most other properties, there is no legal road access to this reserve. The existing informal road runs through the middle of the reserve.
At the Full Council meeting held on 30 June 2022, Council resolved to:
Council proposes to realign the road on Best Island to run along the reserve's northern and western boundaries and to declare these areas as legal road.
In accordance with requirements under the Reserves Act 1977, Council is seeking submissions on a proposal to:
In addition, to formalise the creation of legal road, Council proposes writing to the Minister of Conservation requesting that part of the land (780 square metres in total) be declared as required for public works under section 52 of the Public Works Act, to assist in the creation of legal road. Submissions may also be provided on the Council’s decision to write to the Minister.
The parts of the reserve proposed to be declared as road, revoked or classified are shown on this image. Click here to view a larger image (pdf 998 KB).
Further details about the three aspects of Council's proposal are set out below.
As outlined above, Council proposes to realign the road on Best Island to run along the reserve's northern and western boundaries and to declare these areas (shown in pink on the plan) as legal road.
To formalise the creation of legal road, the Council proposes writing to the Minister of Conservation requesting that part of the land (780 square metres in total) be declared as required for public works under section 52 of the Public Works Act, to assist in the creation of legal road. Submissions on the Council’s decision to write to the Minister are welcomed.
The areas proposed to be declared as legal road are shown in pink on the plan:
If approved, the land shown in pink would no longer be subject to the Reserves Act 1977, it will be legal road.
Realignment of the road will expand the area available for recreation, compared to the current situation. However, road realignment will isolate a small portion of the reserve from the remaining reserve. Council proposes to sell this 175 square metre area to the adjoining owner (this will partially offset the cost of purchasing land beyond the reserve area required to legalise the road).
We are seeking your views on a proposal to revoke the reserve status of a small portion (175 square metres) of Best Island Recreation Reserve. This consultation is being carried out in accordance with the provisions in Section 24 of the Reserves Act 1977. The triangular land parcel proposed for revocation is labelled “Section 12” on the plan.
If the proposal to declare the land shown in pink on the plan as legal road is approved, it will leave a small triangular land parcel (175 square metres in size) isolated from the main area of Best Island Recreation Reserve.
If, after public consultation, the Minister of Conservation* agrees to revoke the reserve status for this 175 square metre area, the Council’s intention is to sell this land to the adjacent landowner. The reason for selling is to partially offset the purchase price for the land that Council has resolved to buy to create the main road on Best Island.
* Only the Minister of Conservation can make a decision on whether or not to revoke reserve status. Council's delegations are limited to carrying out the public consultation on the proposal. If the Minister decides to revoke reserve status, Council may decide what then happens to the land.
We are seeking your views on a proposal to classify part of Best Island Recreation Reserve. This consultation is being carried out in accordance with the provisions in Section 16 of the Reserves Act 1977.
Reserves that are subject to the Reserves Act 1977 have been set aside to ensure their control, management, development, use and preservation for appropriate purposes (e.g. protection of their recreation or historic values).
Classification determines the primary purpose of the reserve and provides some guidance on possible future uses and activities that may be appropriate on the reserve. The Reserves Act provides some rules to guide management for the different types of reserve, particularly in relation to protection of the natural values, leasing and uses. These are then reflected in the policies and objectives for each reserve in the relevant reserve management plan.
Best Island Recreation Reserve was created on subdivision in the late 1950s. The requirement to classify reserve land was introduced when the 1977 Reserves Act was passed and this responsibility was delegated to councils by the Minister of Conservation in 2013. While the record of title for Best Island Recreation Reserve indicates that the intention was for this land to be managed as a recreation reserve, this land has not yet been formally classified under s16 of the Act.
Council is proposing to classify the remaining 2,415 square metres area of land at Best Island Recreation Reserve (i.e. excluding land to be declared legal road and excluding land to be revoked and sold to the neighbouring property owner), as Recreation Reserve. This land area is shown as Section 13 on the plan.
The purpose of a recreation reserve is “An area of land (or land and water) possessing open space, and outdoor recreational values especially suitable for recreation and sporting activities and the physical welfare and enjoyment of the public, and for the protection of the natural environment and beauty of the countryside, including recreational tracks in the countryside.”
There's a legal process we have to go through before decisions can be made on any aspects of the proposals relating to Best Island Recreation Reserve that Council is consulting on.
First, we publicly notified the proposals (on 26 October 2022) and invited submissions until 28 November 2022.
Then we read through all the submissions and prepare a report with recommendations. The report will be presented to a Hearing Panel. The Hearing Panel will hold a hearing for submitters who wish to speak to their submission, and then deliberate on all submissions received.
A further report will then be considered by the Full Council on the Hearing Panel’s recommendations.
Only the Minister of Conservation can make a decision to revoke reserve status, so for that aspect of the proposal Council will forward the Minister a summary of the public consultation along with all submissions received, for their consideration.
The reserve classification process is complete once a notice reiterating the Council’s resolution has been published in the New Zealand Gazette. The process of classifying reserves is prescribed by Section 16 of the Reserves Act 1977.
Sections 119 and 120 of the Reserves Act 1977 relate to notification and submissions.
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