No longer on display. Expired on
29 October 2021, 05:00 PM
Background
The Dunback tennis pavilion was built through community effort and an insurance payment following a fire in the Green Valley Hall.
A lease of the tennis courts and building to the Dunback Tennis Club was in place until 2007 when the tennis club dissolved. As landowner Waitaki District Council has inherited ownership of the building.
In 2011 discussions with the Dunback Hall Committee, the Waihemo Community Board and New Zealand Motor Caravan Association (NZMCA) resulted in an intention to lease the pavilion to NZMCA for their use in return for their maintenance of the building and continued community access and use. This was never formalised.
In 2015 concern over maintenance and availability for community use resulted in further discussions and a need to clarify and formalise a lease. An alternative trust has also expressed an interested in leasing the pavilion on behalf of the community. The Waihemo Community Board have considered the options and have recommended the pavilion be leased to NZMCA as;
- There was prior intention to lease to NZMCA.
- NZMCA has the financial means to maintain the building.
- NZMCA will provide access for community use.
Why are we recommending this?
Waitaki District Plan
23 Domain Road is designated ‘recreation’ in the Waitaki District Plan. Use of the pavilion for gathering to support recreational activities including camping is consistent with this designation.
Reserves Act and Draft Reserves Management Plan
The land is Crown land, vested in Council as a Recreation Reserve under the Reserves Act 1977.
Waitaki District Council is authorised by section 54(1)(a) of the Reserves Act 1977 to grant leases on recreation reserve they administer for certain purposes including to ‘lease to any person, body, voluntary organisation, or society (whether incorporated or not) any area set apart for public recreation or enjoyment’.
The Reserves Act requires leases or licenses to be assessed to ensure activities are consistent with the purpose of the reserve and the management plan (if any), and to show that the relevant statutory requirements have been met.
The proposed use is consistent with these requirements in that:
- The activity for which the building will be used is recreational.
- The activity will have little or no effect on other activities on the reserve.
- The activity will have no additional effects on neighbours of the park.
- The scale of activity is consistent with that on recreation reserves.
Section 54(2) of the Reserves Act requires that before granting any lease or licence the administering body shall give public notice specifying the lease or licence proposed to be granted and shall give full consideration to all objections and submissions in relation to the proposal.
Notice of Intention to Grant Lease over Recreation Reserve – Dunback Tennis Pavilion
PURSUANT TO SECTION 54 RESERVES ACT 1977 the land described in the Schedule to this Notice (the Land) is vested in Waitaki District Council (Council) pursuant to Section 26 of the Reserves Act 1977 as Recreation Reserve. The New Zealand Motor Caravan Association is seeking a lease over the Dunback Tennis Pavilion. The land is located at 23 Domain Road in Dunback. Council is considering granting the appropriate lease pursuant to Section 54 of the Reserves Act 1977. Pursuant to Section 119 of the Reserves Act 1977 Council has an obligation to publicly notify its intention to grant such lease by way of this Notice. The reserve is legally described as PtS: 25 Blk: VIII SD: Moeraki.
Proposed lease terms
| Term |
5 years |
| Renewal |
Lease review after 4 years, with a lease extension or renewal a consideration |
| Purpose |
For the use as a communal meeting place. |
| Free holding rights |
Nil. |
| Rent |
$1 per annum if demanded. |
| Termination |
The land leased shall be used solely for purpose specified. |
| Compensation for improvements |
On termination of the lease or surrender of the lease the land, together with all improvements, shall revert to the lessor without compensation payable to the lessee unless Council requires the lessee to remove the improvements or Council determines the improvements are of value to them and offers to pay to the lessee the value of the improvements or the improvements may be sold to an incoming Lessee. |
| Erection of buildings |
Council approval is required for any construction or modification. NB: Lessee must still comply with and obtain any necessary consents eg Resource or Building consent. |
| Statutory Compliance |
Lessee shall comply with all legislative requirements including the Reserves Act, Reserve Management Plan, District Plan, Council Bylaws, Health Regulations, HSNO requirements, Resource Consent Conditions, Health & Safety Requirements.
Lessee shall comply with any requirements of any land covenants and easements including those between Council, Crown and Meridian Energy.
|
| Standards |
Lessee will be required to maintain the building in a presentable, usable and hygienic state. |
| Outgoings |
Lessee will be responsible for any maintenance costs and compliance costs. |
| Access |
NZMCA will make the building available for local community group use and for bookings by other responsible domain users. A local phone number and contact for key pick up must be clearly visible to visitors of the domain from the outside of the building. |
Consultation closed 5pm, 29 October 2021.