Agenda of Maketu Community Board Meeting

Maketu Community Board Meeting Agenda

1 October 2024

Maketu Community Board

Membership:

Chairperson	Tippany Hopping
Deputy Chairperson	Rewi Boy Corbett
Members	TBC Donna Walters Cr Laura Rae Deputy Mayor John Scrimgeour
Quorum	3
Frequency	Eight weekly / Workshops as required

Role and Purpose of Community Boards:

· To represent, and act as an advocate for, the interests of their communities.

· To consider and report on all matters referred by Council and its Committees, or any matter of interest or concern to the Community Board.

· To maintain an overview of services provided by Council within the community.

· To prepare an annual submission to the Council for expenditure within the community.

· To communicate with community organisations and special interest groups within the community.

· To undertake responsibilities as delegated by Council or its Committees.

Delegated Functions:

Subject to compliance with Council strategies, policies, plans and legislation:

· To have input into Council and its Committees on issues, services, plans and policies that affect communities within the Community Board Area.

· To provide an effective mechanism for community feedback to Council.

· To receive reports from Council appointees on Council matters relevant to the Community Board.

· To control, expend and monitor funds as allocated by Council.

· To allocate Community Board reserve funds to specific capital non-recurring projects for council assets on council land.

Maketu Community Board Meeting Minutes

6 August 2024

UNCONFIRMED

MINUTES OF Western Bay of Plenty District Council
Maketu Community Board Meeting No. MKC24-5
HELD IN THE Maketu Community Centre, Wilson Road, Maketu
ON Tuesday, 6 August 2024 AT 7.00pm

1 Present

Acting Chair Deputy Mayor J Scrimgeour, Deputy R Corbett, and Member T Hopping.

2 In Attendance

R Davie (Deputy CEO/General Manager Strategy and Community) and E Logan (Governance Advisor).

Newly Elected Councillor for Te Puke – Maketu Ward L Rae (Not yet sworn in).

3 Apologies

3.1 Apology

Resolution MKC24-5.1

Moved: Deputy R Corbett

Seconded: Member T Hopping

That the apology for absence from Member Walters be accepted.

Carried

4 Consideration of Late Items

Nil

5 Declarations of Interest

Nil

6 Public Excluded Items

Nil

7 Public Forum

Nil

8 Minutes for Confirmation

8.1 Minutes of the Maketu Community Board Meeting held on 11 June 2024

Resolution MKC24-5.2

Moved: Member T Hopping

Seconded: Deputy R Corbett

1. That the Minutes of the Maketu Community Board Meeting held on 11 June 2024 as circulated with the agenda be confirmed as a true and correct record.

2. That the Chairperson’s electronic signature be inserted into the confirmed minutes.

Carried

8.2 Minutes of the Maketu Community Board Meeting held on 27 June 2024

Resolution MKC24-5.3

Moved: Deputy Mayor J Scrimgeour

Seconded: Member T Hopping

1. That the Minutes of the Maketu Community Board Meeting held on 27 June 2024 as circulated with the agenda be confirmed as a true and correct record.

2. That the Chairperson’s electronic signature be inserted into the confirmed minutes.

Carried

9 Reports

9.1 Election of Chairperson for the Maketu Community Board

The Board considered a report from the Governance Advisor. The report was taken as read.

Resolution MKC24-5.4

Moved: Deputy Mayor J Scrimgeour

Seconded: Deputy R Corbett

1. That the Governance Advisors report dated 06 August 2024 titled ‘Election of Chairperson for the Maketu Community Board’ be received.

Carried

Resolution MKC24-5.5

Moved: Deputy R Corbett

Seconded: Member T Hopping

2. That in accordance with Clause 25(4), Schedule 7 of the LGA 2002, the Maketu Community Board adopts System B for the election of the Chairperson.

Carried

Resolution MKC24-5.6

Moved: Deputy Mayor J Scrimgeour

Seconded: Deputy R Corbett

3. That the Maketu Community Board elects Member Tippany Hopping as the Chairperson of the Maketu Community Board.

Carried

9.2 Maketu Community Board - Outgoing Chairperson's Report - August 2024

The Board considered a report from the outgoing Chairperson. The report was taken as read, with further discussion on the below:

Maketu Spit

· Engagement for the Maketu Spit work had closed. A clear way forward for the project had not been communicated by the Bay of Plenty Regional Council.

· The re-diversion annual update meeting was held at the Community Centre on 9 August 2024.

Wharekahu Urupa

· An additional handrail would need to be installed at the bottom of the hill to complete the work.

Community Board Grant Process

· The Board would workshop their Grant process to customise it to benefit the needs of their community.

Resolution MKC24-5.7

Moved: Deputy Mayor J Scrimgeour

Seconded: Deputy R Corbett

1. That the Chairperson’s report dated 6 August 2024 titled ‘Maketu Community Board – Outgoing Chairperson’s Report – August 2024’ be received.

Carried

9.3 Maketu Community Board - Councillor's Report - August 2024

The Board considered a report from the Deputy Mayor. The report was taken as read, with further discussion on the below:

· The Board congratulated Laura Rae on becoming Councillor for the Te Puke-Maketu Ward.

· There would be a by-election for the Maketu Community Board to fill the empty seat on the Board, however, the dates for this had not been confirmed.

Tauranga City Council Election Results

· The Board congratulated those who were elected to the Tauranga City Council.

Long-Term Plan

· Council was in the process of workshopping the submissions that were received during consultation. A formal meeting was planned for 26 August 2024.

Te Puke Spatial Plan

· The pre-engagement phase of the Spatial Plan has closed, and the submissions had been shared with the Sub-Committee. Staff would provide Council with an overview of the progress that was made to the development of a draft spatial plan.

Resolution MKC24-5.8

Moved: Deputy Mayor J Scrimgeour

Seconded: Member T Hopping

1. That the Deputy Mayor’s report dated 6 August 2024 titled ‘Maketu Community Board – Councillor’s Reports – August 2024’ be received.

Carried

9.4 Maketu Community Board - Projects and Operations Report - August 2024

The Board considered a report from the Governance Advisor. The report was taken as read, with further discussion on the below:

· The purpose of the culvert capacity improvement on Spencer Avenue was to improve the storm water and flooding management.

· The Maketu Wastewater Treatment Plant was an essential project and would be resolved.

· Work on the Information Centre mural would resume near the end of August 2024.

Resolution MKC24-5.9

Moved: Member T Hopping

Seconded: Deputy R Corbett

1. That the Governance Advisor’s report dated 6 August 2024 titled ‘Maketu Community Board – Projects and Operations Report – August 2024’ be received.

Carried

9.5 Maketu Community Board - Financial Report June 2024

The Board considered a report from the Financial Business Advisor. The report was taken as read.

Resolution MKC24-5.10

Moved: Deputy Mayor J Scrimgeour

Seconded: Deputy R Corbett

1. That the Financial Business Advisor’s report dated 6 August 2024 titled ‘Maketu Community Board – Financial Report June 2024’ be received.

2. MKC24-1.7 to release back the unspent $90 from outstanding operational commitments.

Carried

The Meeting closed at 7.56pm.

Confirmed as a true and correct record at the Maketu Community Board meeting held on 1 October 2024.

...................................................

Acting Chairperson J Scrimgeour

ACTING CHAIRPERSON

Maketu Community Board Meeting Agenda

1 October 2024

9 Reports

9.1 Maketu Community Board - Chairsperson Report - October 2024

File Number: A6476681

Author: Tippany Hopping, Maketu Community Board Chair

Authoriser: Alison Curtis, General Manager Regulatory Services

Executive Summary

1. The purpose of this report is for the Maketu Community Board’s Chairperson to provide the Board with information and updates on events and matters within the community.

Recommendation

1. That the Chairperson’s report dated 1 October 2024 titled ‘Maketu Community Board – Chairperson’s Report – October 2024’ be received.

With change brings fresh opportunities to review the Maketu Community Board’s journey ahead in its final year of the triennium. The Board will focus on the completion of key projects and the scoping of remaining ideas. The Board looks forward to the current Board member vacancy being filled and welcoming the successful candidate. Good luck to the candidates in the upcoming by-election.

Maketu Spit nourishment

The Regional Bay of Plenty Council team have recently completed the sand dune nourishment work. Sections of the Maketu Spit had become significantly eroded with past weather events. Maketu Ongatoro Wetland Society (MOWS) worked alongside a Herpetologist to salvage and relocate over 80 Shore Skinks. The project is a fantastic example of proactive communication and collaboration, with positive outcomes being achieved by all parties.

Rubbish

Maketu has some amazing locals that frequently collect bags of rubbish on their walks. Their efforts toward keeping our village clean do not go unnoticed and are greatly appreciated.

The Board would like to understand the service level agreements in place for urban and rural zones for roadside litter collection, as well as the locations of rubbish bins within the village to assess if new cost-effectives bins are required to help encourage the right behaviours.

Wilson road north rehibilitation and footpath extension

There have been no improvements made to this road in the last 18 months. The Board would like to request that the holding maintenance is conducted as a priority. The finalisation of the Wilson Road North rehabilitation design, with the inclusion of the footpath extension, will be a positive step forward in keeping our people safe and working towards the vision of having a complete footpath around our village.

Dog compliance control

Concerns have been raised about the role of Compliance Officers here in Maketu, as roaming unaccompanied dogs are frequent in the village. Keeping our people and pets safe is of key importance. We look forward to working with the compliance team to help find ways to educate and positively engage with the community on the roaming dogs.

Wharekahu Urupa

The Board have confirmed the installation of the lower section of the handrailing. The Board would like to request momentum from Council on the actions required to push this project towards closure.

Beautification projects

Local Artist Robyn Williams is underway with the ‘Basket of Knowledge’ mural design on the Information Centre. This project has created much excitement in the village, and requests have been made to look at adding more murals on our community buildings.

A book swap shelter near the Basket of Knowledge mural is at design stage and the Board are looking to confirm the location and design as soon as possible.

Maketu Community Board Meeting Agenda

1 October 2024

9.2 Maketu Community Board - Councillors Report - October 2024

File Number: A6483639

Author: Laura Rae, Councillor

Authoriser: Alison Curtis, General Manager Regulatory Services

Executive Summary

1. The purpose of this report is for Councillor Rae to provide the Board with updates on the items listed below.

Recommendation

1. That Councillor Rae’s report dated 1 October 2024 titled ‘Maketu Community Board – Councillors Report – October 2024’ be received.

representation review

Council reaffirmed its decision to have a Māori Ward/s in August 2024 and adopted its initial proposal for the Representation Review on 12 September 2024, which is now open for consultation. The proposal includes a reduction in Councillors from our current arrangement of eleven councillors and one Mayor, to eight Councillors, one Māori Ward Councillor and one Mayor. This means that there would be three instead of four Councillors representing the Te Puke – Maketu Ward.

Council has proposed to continue with the representation arrangement of Community Boards rather than moving to the structure of Ward Committees. As well as this, we are proposing to extend the boundary of the Maketu Community Board to capture more of our community. I am personally extremely grateful for this and look forward to reading the submissions/feedback from our community and the wider district.

Feedback closes on the Friday 11 October 2024 at 5:00pm. There are multiple ways to engage in this process, such as online through HaveYourSay, by registering to attend one of our focus group sessions or speaking to your submission during the hearings process on 17 October 2024. It is important that our members are aware of the Representation Review proposal and that we encourage as many people as possible to participate in the consultation.

cctv fund

The CCTV fund is open and closes 4 October 2024 at 5.00pm. The fund has $5,000 available to go toward the funding of new CCTV Cameras across the district. Our members may know of somewhere or someone who has wanted or requested a camera in our rohe and now is the time to tell them to apply. The fund is designed to prevent crime and deter antisocial behaviour.

review of council’s policy on dangerous and insanitary buildings

Council is currently seeking feedback on our revised policy for dangerous and insanitary buildings. One of the key updates to this is the inclusion of affected building as required under legislation with a revised approach to consider social economic and cultural factors. We are committed to a policy that not only meets legal requirements but also reflects our communities needs and values. Again, encouraging those affected, people who own or live next to abandoned buildings, to give their feedback is advised.

Feedback closes 5.00pm Wednesday 16 October 2024. If you wish to speak in person, please email Council to secure your time slot by 16 October 2024.

Maketu Community Board Meeting Agenda

1 October 2024

9.3 Maketu Community Board - Projects and Operations Report - October 2024

File Number: A6477932

Author: Ella Logan, Governance Advisor

Authoriser: Cedric Crow, General Manager Infrastructure Services

Executive Summary

1. The purpose of this report is to provide the Maketu Community Board with an overview of the Community Board Infrastructure Projects currently being undertaken in the Maketu area as well as to provide an overview of engagement and operational matters from across the Council that relate to the Maketu Community Board.

Recommendation

1. That the Governance Advisor’s report dated 1 October 2024, titled ‘Maketu Community Board – Projects and Operations Report – October 2024’ be received.

2. That the Maketu Community Board approve a budget of up to $200,000 from the Roading Account for the design and installation of the Wilson Road Footpath Extension that will be completed within the rehabilitation work on Wilson Road North, subject to the rehabilitation design.

3. That the Maketu Community Board approve to release the unspent funds from outstanding operational commitments from the following resolutions into the Reserves Account:

· MKC23-6.5 - $350

· MKC23 – 6.4 - $712

Council Led Projects

Council led projects are reported on through the Projects and Monitoring Committee. The next meeting is on 3 September 2024. If the Community Board wishes to have a timely update on any particular project in the list below, they can do so by entering a service request or emailing the Governance Team.

1. Improvement to Culvert Capacity – Spencer Avenue

2. Rehabilitation of Wilson Road North

3. Maketu Wastewater Treatment Plant – Irrigation Field

4. Maketu Water Reticulation Renewals

5. Spencer Road Reserve

Maketu Community Board Meeting Agenda

1 October 2024

ROADING ACCOUNT

Maketu Community BOard Roading Current Account
As at 31 August 2024				Maketu Community Board 2025
Current Account:						sTATUS
Current Account opening balance 1 july 2024				248,488		Pending finalisation of 2024 financial results.
Interest 2025						Pending finalisation of 2024 financial results.
Allocation for 2025						No allocation for the 2025 financial year
Subtotal				248,488
Less: Completed Projects		Total comitted	Total project spent	Spent in 2025 financial year	Balance remaining	Status
MKC23-5.4	That the community Board approve funding for the new bus shelter on Arawa Avenue for $7,500, to come from the reserves account	7500	(7,500)			These resolutions are related to the same project and the total cost was $10,470. The remaining $350 can be released back to the reserve account.
MKC23-6.5	That the Maketu Community Board approve a further $3,320 of additional funding for the installation of the new bus shelter on Arawa Avenue, to be funded from the Maketu Community Board Reserve Account.	3320	(2,970)		350
MKC23-6.4	That the Maketu community Board approve up to $5,500 for an upgrade to the Beach Road Carpark bike rack to be funded from the Maketu Community Board Reserves Account.	5500	(4,788)		712	The remaining $712 can be released back to the reserves account.
Subtotal					1,062
Less Projects in progress		Total committed	Total Project Spent	Spent in 2025 Financial Year	Balance Remaining	Status
	No projects in progress currently
Subtotal
Current Account Closing Balance				248,488
Less: Approved Projects
	No approved projects currently
Total Commitments
Less: Committed Funds Unspent				(1,062)
Add: Balance Remaining of Completed Projects				1,062
Total Uncommitted Funds Available for Future Projects				248,488

Maketu Community Board Meeting Agenda

1 October 2024

Project Updates – RESERVES

MAKETU CEMETERY

Project Description

Staff Comment/Update

Progress Level

Maketu Cemetery/Urupā concerns.

Earth works are expected to begin in October 2024. A hui is currently being organised with the affected whānau where a blessing will take place prior to earthworks beginning. Staff are currently in the process of providing a boundary map and the land title to the Urupa Rōpū.

The Councillor Rae has contacted the next of kin to inform them of the proposed work to be undertaken to better manage the stormwater in the lower part of the cemetery.

In progress.

MAKETU BOOK SHARING SHELTER
Project Description	Staff Comment/Update	Progress Level
To create a small central reading space within the village.	The Board are in the process of determining the location of the Book Sharing Shelter to progress the project.	In progress.

MAKETU INFORMATION CENTRE MURAL
Project Description	Staff Comment/Update	Progress Level
A local artist to paint a mural on the side of the information centre.	The local mural artist is in the process of completing the mural.	In progress.

INSTALLATION OF HANDRAILS AT CEMETERY

Project Description

Staff Comment/Update

Progress Level

Installation of handrails along the pathway through the Maketu Cemetery.

The Board have provided the Reserves and Facilities Manager with approval to progress with the installation of two additional handrails are the end of the path to complete the works. The Reserves and Facilities Officer East is in the process of confirming the costings and installation timeframe for this project.

In progress.

minute action sheets – reserves

Nil

project updatEs – OPERATIONS

Nil

Maketu Community Board Meeting Agenda

1 October 2024

service requests

This section is to provide an overview of Service Requests for the Maketu Community Board area since the last meeting.

There has been one of each of the following subtypes of Service Requests raised and completed.

· Building Admin - Build/Portal enquiries

· Customer Service Planning - Property queries

· Local Road - ALL Cesspit/Grill/Gutters & Drains (sealed road) - Replacement/Maintenance Asset Requests

· Water - Meter/Toby issue (not leak)

· Water - No Water

· Water - Reinstatement after works

· Water - No Water - Known Issue

· Building Counter Enquiry - General enquiry/Call back

· Kerbside Collective - Missed Collection – Investigation

· Local Road - Barriers and Rails - Replacement/Maintenance Asset Requests

· Properties - General enquiry

· Rates - General enquiry/call back

· Stormwater - Flooding open drain/culvert-raining only

· Compliance & Enforcement - Complaints about Freedom Camping affecting Reserves or Roads

There has been one of each of the following subtypes of Service Requests raised, which are under investigation.

· Reserves & Facilities - Reserve Buildings/Roads/Tracks/Furniture

· Wastewater - Sewage overflow/spill on ground/dump station

· Animal Services - Other Animal Enquiries

· Customer Service Planning - Resource Consent Enquiries

· Water Revenue - General enquiry/call back

The table below shows Services Request’s that are higher in numbers and have a mix of statuses.

Service Request Subtype	Notes	Completed	Under Investigation/Scheduled for Completion
Animal Services – Dog Roaming	Reports from Ngaparaoa Drive, Rauporoa Road and Little Waihī Road	7	1
Animal Services – Lost Dog	Reports from Maketu Road and Wilson Road North	2	0
Building Admin – General	Reports from Spencer Avenue and Otimi Street	2	0
Cemeteries - Maketu Cemetery	Multiple plot enquiries for Spencer Avenue	3	0
Compliance & Enforcement - Abandoned Vehicle	Reports from Little Waihi road and Ngaparaoa Drive	2	0
Compliance & Enforcement General	General enquiries from Maketu Road and Kaituna Road	1	1
Customer Service Planning – General	General enquiries from Church Road and Spencer Avenue	2	0
Local Road Signs (damaged/graffiti)	Replacement or Maintenance Asset Requests from Maketu Road	2	0
Reserves General	General enquiries from Spencer Avenue and Wilson Road North	1	1
Wastewater - Grinder Pump/Septic Tank issue	Reports from across the Maketu Community	11	3
All water leaks	Multiple reports from Williams Crescent and Te Awhe Road	5	0

Matters arising from previous community board meetings (Not minute action sheets)

This section relates to any matters arising from prior Community Board meeting where a Minute Action Sheet was not raised.

Date raised	Matter/Issue	Comment
April 2024	Mowing quality control	Staff continue to monitor the mowing quality within the Maketu area.
June 2024	Extension of Wilson Road Footpath	An estimated cost has been provided to the Board. Staff will, upon approval from the Board, include this work into the Wilson Road North Rehabilitation work in the 2025/26 construction season.
June 2024	School Road	This project will be funded under Councils Roading Maintenance Budget. The Project Engineer Transportation has contacted the contractors to progress the project.

Completed/outstanding Minute Action Sheets (not INFRASTRUCTURE RELATED)

This section relates to any Minute Action Sheets that are currently outstanding, as well as competed Minute Action Sheets since the last Community Board meeting.

Date raised

Matter/Issue

Comment

November 2023

Approval of the Maketu Community Board Annual Operating Budget

This budget has been referred to the Long-Term Plan.

Maketu Community Board Meeting Agenda

1 October 2024

9.4 Maketu Community Board - Financial Report August 2024

File Number: A6469569

Author: Ezelle Thiart, Financial Business Advisor

Authoriser: Allan Carey, Finance Business Partner Lead

Executive Summary

This report provides the Community Board with two-monthly monitoring of its operational budget. Attached are the financial statements for the period ended 31 August 2024 (Attachment 1). Confirmation of the reserve account balances will be done once the 2024 results have been finalised, and the 2025 budget values and rates allocation are pending adoption of the LTP.

Total operational costs are under budget YTD.

Recommendation

1. That the Financial Business Advisor’s report dated 1 October 2024 titled ‘Maketu Community Board – Financial Report August 2024’ be received.

Grant payments made to date:

Resolution	Description	$
MKC24-4.3	Approve the grant application from the Maketu Surf Life Saving Club for $6,000.00, to contribute to the costs of a detailed seismic assessment and concrete scanning of the building.	6,000
	2024/25 Total grants paid to date	6,000

Committed – Operational expenditure:

Resolution	Description	$
	No commitments year to date	0
	2024/25 Total operational commitments	0

2024/25 Reserve analysis:

Resolution	Project/Description	$ (Payments made)
	2024/25 Opening Reserve balance	157,363
	No transactions year to date	0
	2024/25 Closing Reserve balance before commitments	157,363

Remaining commitments from Maketu Community Board Reserve Account

Resolution	Description	$ (Remaining Funds)
	Opening balance before commitments	157,363
MC20-6.7	Up to $30,000 for the installation of an additional BBQ by the Surf Club. (Note: The project received approval and is going ahead)	(30,000)
MKC23-4.9	Approves expenditure of up to $26,000, for the purpose of installing handrails at the Maketu Cemetery (Wharekahu), provided that a second quote is sought in a timely manner by Council staff, and the Board reserves the right to engage on the final design with the Urupā Task Force.	(26,000)
MKC23-5.4	Approve the funding for the new bus shelter on Arawa Avenue for $7,500.	(7,500)
MKC24-1.4	Approve up $8,000 for costs relating to the Maketu Information Centre mural.	(8,000)
MKC24-1.3	Approve up to $15,000 for costs relating to the Book Sharing Shelter subject to approval from the Reserves and Facilities Manager.	(15,000)
	2024/25 Closing balance after the committed expenditure	70,863

Attachments

1. Maketu Community Board – Financial Report August 2024 ⇩

Maketu Community Board Meeting Agenda

1 October 2024

9.5 Wharekahu Urupā Land Ownership

File Number: A6483457

Author: Ella Logan, Governance Advisor

Authoriser: Alison Curtis, General Manager Regulatory Services

Executive Summary

The purpose of this report is to provide the Maketu Community Board with the detail and history of the land ownership status of the Wharekahu Urupā.

Background

1. The Wharekahu Urupā is made up of three land parcels:

(a) Parcel 1 (Attachment 1): Part Section 1 SO3666 Parcel 1559/6 7509m²

(b) Parcel 2 (Attachment 2): Section A SO 60134 Parcel 1559/8

79m²

Total 8397m²

Attachment 9 has not been referenced within the body of this paper as it has been provided as supporting information.

Parcel 1: Part Section 1 SO 3666 7509m² (Parcel 1559/6)

(Previously Section 1 Block IV SO 3666 7588m² (Parcel 1559/554))

The land for Parcel 1 was acquired initially by the Crown on 11 December 1844 as part of the Maketu Block, as noted in Turton’s Deed 456 as outlined below.

Turton’s Deed:

MĀORI DEEDS OF LAND PURCHASES IN THE NORTH ISLAND OF NEW ZEALAND: VOLUME ONE

MAKETU BLOCK, BAY OF PLENTY DISTRICT

Title: Māori Deeds of Land Purchases in the North Island of New Zealand: Volume One

Author: H. Hanson Turton

Publication details: George Didsbury, 1877

Part of: He reo nō ngā whakaritenga me ngā pukapuka here / Language of agreement and obligation

Page 631

1844. 11 December.Bay of Plenty District.

Boundaries. Maketu Block.

Receipt: 2 horses, 1 saddle, 2 bridles.

Toitū Te Whenua Land Information New Zealand records show that the cemetery was established in approximately 1857 for the Church Mission and included Māori burials. Attachment 4 shows that SO 1369C was prepared in 1867 by A.C Turner.

In 1885 SO 3666 (Parcel 1) was prepared, and the cemetery was enlarged and formally set aside, and in 1886, 1 acre, 3 roods and 20 perches (7588m²) were reserved as a cemetery by Gazette April 1886 page 447 (see Attachment 5).

In 1933, by Gazette 1933 Page 2429, within the delegating powers under the Cemeteries Act 1908, the Governor General appointed his power to both appoint and remove trustees of the cemetery to the then Tauranga County Council (Attachment 6). During this time, the service delivery of the cemetery was provided by a local community trust.

This arrangement remained until the Gazette 1933 was revoked by the Gazette 1953. In Gazette 1953 page 830 (Attachment 7) under Section 55 of the Cemeteries Act 1908 (now repealed), Tauranga County Council was appointed by Order in Council as the Trustee to control and manage the cemetery. Although underlying ownership of the land sat with the Crown, Council was the Trustee of the land under Section 11 of the Cemeteries Act 1908. This meant that the land was vested in Council as the Trustee.

Under the Burial and Cremation Act 1964 (BCA) this status remains. The BCA states that a local authority shall have the control and management of every cemetery which was under the control and management of that local authority immediately before the commencement of the BCA by virtue of an appointment as Trustee of that cemetery. Therefore, in this situation, the BCA applies rather than the Reserve Act 1977.

In 1995 79m² was taken out from the 7588m² land parcel to swap 79m² with a neighbouring property (a land swap). The reason for this was because burial sites had been placed on private land, so to ensure that these burial sites did not remain on private land, a land swap took place to better align the southern boundary of the cemetery. The parcel received through the land swap was acquired as a separate parcel (see Parcel 2 below). Following this, Parcel 1 (Section 1 SO 3666) was left with 7509m².

Parcel 2: Section A SO 60134 Parcel 1559/8 79m²

In 1995 79m² (Parcel 2) was taken out of the then Section 1 Block IV SO 3666 7588m² (Parcel 1) and a land swap was undertaken with 79m² of private land. Council received

79m² surveyed as Section A SO 60134 (Parcel 2), and the private landowner received 79m² surveyed as Section 1 SO 60134 (Parcel 1559/5 – no longer owned by Council).

The Gazette Notice 1995 page 3109 (Attachment 8) states that 79m² was acquired under the Public Works Act 1981 Section 20, for cemetery purposes. This aligns with The Burial and Cremation Act 1964 which says that a cemetery is a public work within the meaning of the Public Works Act 1981 and that land may be acquired or taken for cemeteries under the provisions of that Act. Again, the BCA is what applies within this situation, not the Reserves Act 1977.

Parcel 3: Lot 4 Block IV DP27943 809m² (Parcel 1559/588)

Toitū Te Whenua – Land Information New Zealand (LINZ) records show that Parcel 3 has been owned by Thomas Meikle (deceased) since 1941. However, research into old council records indicates that the land which held old burial plots from the Mission period (mid to late 1800’s) was to transfer from Mr Meikle to the then Tauranga County Council. However, it appears the legal actions for transfer under the Land Transfer Act were not undertaken at the time of this transfer, but the land was otherwise considered as Council owned.

Rating records for the 1946/47 year show that Thomas Meikle nor any other person/entity was recorded as a ratepayer for Parcel 3, which indicates the land was treated as a cemetery and exempt from being rated.

To close this loop, Council staff are currently applying for adverse possession under section 155 of the Land Transfer Act 2017 (LTA) through LINZ. Adverse Possession is a mechanism which will allow Council to have legal transfer of the land into its ownership given it has been the caretaker of the land since the 1940s. This is a formal process that is carried out through LINZ which involves an application to LINZ that is accompanied by supporting evidence from historical Council records. If this application is accepted, LINZ will then undertake public notification.

During the public notification period, any persons claiming an estate or interest in the land may lodge a caveat preventing the application being granted (Section 162 LTA). These must be lodged within 60 working days of the notice was given by the Registrar-General of Land (RGL). If no valid claims are made to the land from other parties, the land will transfer to Council who may declare the land as a cemetery under Section 53 of the BCA.

Attachments

1. Wharekahu Urupā Parcel 1 ⇩

2. Wharekahu Urupā Parcel 2 ⇩

3. Wharekahu Urupā Parcel 3 ⇩

4. SO 1369C 1867 ⇩

5. Gazette April 1886 Page 447 ⇩

6. Gazette 1933 Page 2429 ⇩

7. Gazette 1953 Page 830 ⇩

8. Gazette 1995 Page 3109 ⇩

9. Supporting Information ⇩

WILSON ROAD FOOTPATH EXTENSION
Meeting Date	Description	Latest Update
June 2024	Extension of Wilson Road North Footpath.	The Project Engineer Transportation has provided the Board with a cost estimate for the project.