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Property Subcommittee Friday 8 June 2018 at 2.00pm
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Property Subcommittee Friday 8 June 2018 at 2.00pm
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Property Subcommittee
8 June 2018
Meeting to be held in the Council Chamber
36 Water Street, Whangārei
on Friday 8 June 2018, commencing at 2.00pm
Recommendations contained in the agenda are NOT decisions of the meeting. Please refer to minutes for resolutions.
MEMBERSHIP OF THE Property Subcommittee
Chair, Councillor Penny Smart
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Councillor John Bain |
Councillor Bill Shepherd (Ex-Officio) |
Councillor David Sinclair |
Item Page
1.0 apologies
2.0 declarations of conflicts of interest
3.1 Confirmation of Minutes - 8 May 2018 3
4.0 For Information/General Business
5.1 Port Nikau - Further Council Easement 6
6.0 Business with the Public Excluded 10
6.1 Confirmation of Confidential Minutes - 8 May 2018
6.2 Options for a Significant Property Development
6.3 Progress on Purchase of CBD Properties in Order to Freehold
6.4 Purchase of a Hihiaua Precinct Property
6.5 Marsden Point Rail Link Property
6.6 Kaipara Service Centre - Concept Plan Options
6.7 KDC Community Hub Concept
6.8 Update of Property Subcommittee Action Notes
Property Subcommittee item: 3.1
6 June 2018
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TITLE: |
Confirmation of Minutes - 8 May 2018 |
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ID: |
A1071312 |
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From: |
Alicia Jurisich, Property Officer |
Recommendation
That the minutes of the Property Subcommittee meeting held on 8 May 2018 be confirmed as a true and correct record.
Background
The purpose of this report is to present for confirmation the minutes of the Property Subcommittee meeting held on 8 May 2018.
Councils are required to keep minutes of proceedings in accordance with the Local Government Act 2002.
Attachment 1: 2018-05-08 - Property
Subcommittee Minutes 8 May 2018 - [A1071184] ⇩ 
Authorised by Group Manager
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Name: |
Phil Heatley |
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Title: |
Strategic Projects Manager |
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Date: |
30 May 2018 |
Property Subcommittee
8 June 2018
Meeting held in the Committee Room
on Tuesday 8 May 2018, commencing at 8.30am
Present:
Chair, Councillor Penny Smart
Councillor John Bain
Councillor Bill Shepherd (Ex-Officio)
Councillor David Sinclair
In Attendance:
Full Meeting
Strategic Projects Manager
Property Officer
Part Meeting
NRC Chief Executive
The Chair declared the meeting open at 8.30am.
Apologies (Item 1.0)
There were no apologies.
Declarations of Conflicts of Interest (Item 2.0)
It was advised that councillors should make declarations item-by-item as the meeting progressed.
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1. Confirmation of Minutes – 4 April 2018 (Item 3.1) ID: A1062037 Report from Alicia Jurisich, Property Officer |
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Moved (Bain/Sinclair) That the minutes of the Property Subcommittee meeting held on 4 April 2018 be confirmed as a true and correct record. Carried |
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2. Mt Tiger Forest Quarterly Report January-March 2018 (Item 5.1) ID: A1060596 Report from Alicia Jurisich, Property Officer |
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Moved (Bain/Shepherd) That the report ‘Mt Tiger Forest Quarterly Report January-March 2018’ by Alicia Jurisich, Property Officer and dated 27 April 2018, be received. Carried |
Business with Public Excluded (Item 6.0)
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Moved (Bain/Shepherd) 1. That the public be excluded from the proceedings of this meeting to consider confidential matters. 2. That the general subject of the matters to be considered whilst the public is excluded, the reasons for passing this resolution in relation to this matter, and the specific grounds under the Local Government Official Information and Meetings Act 1987 for the passing of this resolution, are as follows:
Carried |
Conclusion
The meeting concluded at 9.50am.
Property Subcommittee item: 5.1
6 June 2018
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TITLE: |
Port Nikau - Further Council Easement |
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ID: |
A1069653 |
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From: |
Phil Heatley, Strategic Projects Manager |
Executive summary
In April 2018, the subcommittee approved, with conditions, a request from the owners of the Port Nikau development in Port Road, Whangarei, to lift three easements across Port Nikau land to the council owned property leased by Ballance Agri-Nutrients.
Port Nikau have since brought to council’s attention that there is a further and complementary easement that would also need to be lifted, being Easement 6185577.1. Council’s lawyer recommends this easement be addressed in the same way and at the same time as the previous three.
This paper seeks confirmation that Easement 6185577.1 be subject to the same subcommittee recommendations as Easements 6165858.1, 6156637.1 and 6298710.1 in Port Road, Whangarei.
1. That the report ‘Port Nikau - Further Council Easement’ by Phil Heatley, Strategic Projects Manager and dated 24 May 2018, be received.
2. That the Property Subcommittee approve the lifting of the Easement 6185577.1 in Port Road, Whangarei, subject to the same conditions as those relating to Easements 6165858.1, 6156637.1 and 6298710.1 as agreed at the Property Subcommittee meeting of 4 April 2018.
Background
In April 2018, the subcommittee considered and approved a request from the owners of the Port Nikau development in Port Road, Whangarei, to lift three easements that allow a disused and deteriorating pipeline (and associated electricity and telecommunications services) across Port Nikau land to the council owned 13.9ha property leased by Ballance Agri-Nutrients (Ballance).
Port Nikau have since brought to council’s attention that there is a further and complementary easement across land acquired by Port Nikau from Whangarei District Council, Easement 6185577.1.
The attachment shows the easement in question as route “J” at the top of the plan. This is one link in the overall easement path.
Councils lawyer advises that ‘this easement is part of the path the easement takes to the pump house. There is nothing different or specific that needs to be considered with this easement from the others and it should be surrendered along with the other easements’.
Considerations
1. Options
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No. |
Option |
Advantages |
Disadvantages |
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1 |
Status quo: retain the easement. |
None, if other easements are removed. |
An easement is left in isolation if the others are removed making it unusable.
The development at Port Nikau is frustrated. |
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2 |
Remove the easement |
There is consistency in decision making and in practical terms on the ground.
The development at Port Nikau benefits.
Disintegrating infrastructure is removed under a negotiated agreement. |
None, if the other easements are removed. |
Having assessed the various options, staff recommend Option 2, the lifting of the Easement 6185577.1 in Port Road, Whangarei, subject to the same subcommittee recommendations as Easements 6165858.1, 6156637.1 and 6298710.1.
2. Significance and engagement
The decision to lift easements in association with an investment property does not trigger the significance test.
3. Policy, risk management and legislative compliance
The receiving of this report is provided for in council’s Treasury Risk Management Policy, dealing with the management of property investments, adopted at council’s Audit and Risk Committee meeting in August 2014. It is considered prudent for the Chief Executive to seek the Property Subcommittees views on the lifting of the easement.
Further considerations
4. Community views
The wider community/ratepayers are not significantly affected.
5. Māori impact statement
Council previously consulted on the managing of its property portfolio in successive Annual and Long Term Plans. There were no specific concerns raised from Māori or iwi groups in respect of proposals. The proposed lift of the easement has no specific impact on Māori.
6. Financial implications
There are minimal financial implications if the Chief Executive negotiates to have the cost of lifting the easement met by Port Nikau and they, together with Ballance, reach an agreement on the removal of infrastructure and the reinstatement of the land.
7. Implementation issues
There are no implementation issues.
Attachment 1: Path of Easement
6185577.1 ⇩
Authorised by Group Manager
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Name: |
Malcolm Nicolson |
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Title: |
Chief Executive Officer |
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Date: |
30 May 2018 |
Property Subcommittee ITEM: 6.0
8 June 2018
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TITLE: |
Executive Summary
The purpose of this report is to recommend that the public be excluded from the proceedings of this meeting to consider the confidential matters detailed below for the reasons given.
1. That the public be excluded from the proceedings of this meeting to consider confidential matters.
2. That the general subject of the matters to be considered whilst the public is excluded, the reasons for passing this resolution in relation to this matter, and the specific grounds under the Local Government Official Information and Meetings Act 1987 for the passing of this resolution, are as follows:
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Item No. |
Item Issue |
Reasons/Grounds |
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6.1 |
Confirmation of Confidential Minutes - 8 May 2018 |
The public conduct of the proceedings would be likely to result in disclosure of information, as stated in the open section of the meeting -. |
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6.2 |
Options for a Significant Property Development |
The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage, commercial activities s7(2)(h) and the withholding of which is necessary to enable council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) s7(2)(i). |
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6.3 |
Progress on Purchase of CBD Properties in Order to Freehold |
The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage, commercial activities s7(2)(h). |
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6.4 |
Purchase of a Hihiaua Precinct Property |
The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage, commercial activities s7(2)(h) and the withholding of which is necessary to enable council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) s7(2)(i). |
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6.5 |
Marsden Point Rail Link Property |
The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage, commercial activities s7(2)(h) and the withholding of which is necessary to enable council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations) s7(2)(i). |
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6.6 |
Kaipara Service Centre - Concept Plan Options |
The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage, commercial activities s7(2)(h). |
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6.7 |
KDC Community Hub Concept |
The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage, commercial activities s7(2)(h). |
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6.8 |
Update of Property Subcommittee Action Notes |
The public conduct of the proceedings would be likely to result in disclosure of information, the withholding of which is necessary to enable council to carry out, without prejudice or disadvantage, commercial activities s7(2)(h). |
Considerations
1. Options
Not applicable. This is an administrative procedure.
2. Significance and Engagement
This is a procedural matter required by law. Hence when assessed against council policy is deemed to be of low significance.
3. Policy and Legislative Compliance
The report complies with the provisions to exclude the public from the whole or any part of the proceedings of any meeting as detailed in sections 47 and 48 of the Local Government Official Information Act 1987.
4. Other Considerations
Being a purely administrative matter; Community Views, Māori Impact Statement, Financial Implications, and Implementation Issues are not applicable.
