how effectively does it work? - simpson grierson€¦ · major infrastructure projects. about lapa...

How effectively does it work?

Report on a survey of the Reserves Act 1977

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About Simpson GriersonSimpson Grierson's local government and property law specialists are uniquely placed to assist local authorities in management of property portfolios and completion of major infrastructure projects, leading to better planning and decision making.

We offer the top local government property specialists, with extensive skills and experience in the complicated issues faced when managing property portfolios in the local government context. We have advised on some of the most significant and ground breaking developments undertaken by New Zealand local authorities, providing strategic advice to Councils undertaking major infrastructure projects.

About LAPAIn 1991, six local government property employees met together in Palmerston North to exchange ideas and work experience. News of that meeting spread, and so began an annual get-together of local government property employees. Numbers grew; corporate sponsorship was offered for what had become known as ‘The Annual Local Government Property Conference'.

The Local Authority Property Association (Inc) was ratified and established at the 2005 Conference, appropriately in Palmerston North where it all began.

The Local Authority Property Association (LAPA) includes specialists across a vast area of property management and property consultancy, who collectively manage one of New Zealand’s largest property portfolios. Those activities range from utility and insurance procurement and administration, legal property transactions and procedures, to community housing, commercial property management, and fleet management.

Contacts

Duncan Laing – PartnerSimpson Grierson

Email: [email protected]

Doug Tate – President LAPA


Michael Wood – PartnerSimpson Grierson


Nick Wilson – Senior AssociateSimpson Grierson


Donna Hurley – Senior AssociateSimpson Grierson


Phillip Merfield – ConsultantSimpson Grierson


1

Introduction 2

Summary of Key Findings 3

Key Finding 1: The RA is not totally effective in enabling local authorities to administer land held for public and community purposes 4

Key Finding 2: Leasing powers are in most need of reform 5

Key Finding 3: Provisions regarding management plans should be altered 7

Key Finding 4: Classification provisions should be altered 8

Key Finding 5: Reserve revocation provisions should be altered 9

Key Finding 6: Local authorities should be expressly enabled to exercise normal delegation powers under the LGA 10

Key Finding 7: There is no majority view as to whether provisions regarding easements should be altered 11

Methodology 12

Contents

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This report draws on 37 responses from local government staff on the LAPA database. The survey was carried out in September 2016.

The Reserves Act 1977 (RA) is an important piece of legislation that governs the preservation and management of New Zealand areas for the benefit and enjoyment of the public. Through this survey we wanted to find out what local government employees and LAPA members think about the RA

– how effectively it functions, and what aspects of it could be reformed.

Simpson Grierson and LAPA are delighted to have collaborated on this research project. We hope you enjoy reading this report and find it useful and relevant. We look forward to discussing it further at the imminent LAPA conference, and wish to welcome all feedback.

Enjoy.

Introduction

Michael Wood

PartnerSimpson Grierson

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Summary of Key Findings1: The RA is not totally effective in enabling local

authorities to administer land held for public and community purposes.

2: Leasing powers are in most need of reform.

3: Provisions regarding management plans should be altered.

4: Classification provisions should be altered.

5: Reserve revocation provisions should be altered.

6: Local authorities should be expressly enabled to exercise normal delegation powers under the LGA.

7: There is no majority view as to whether provisions regarding easements should be altered.

$

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The RA is not totally effective in enabling local authorities to administer land held for public and community purposes.

Key Finding 1

Our first question asked respondents how effectively the RA enables local authorities to administer land held for public and community purposes.

Of the 37 respondents, 79% said that the RA works only somewhat effectively or not effectively. Only 19% said the RA was effective or very effective.

"It does work, but is not up to date with community desires or processes and conditions that reflect these changes."

"The ultimate question (is) should local government abandon the Reserves Act altogether other than to retain local purpose (esplanade) reserves along with scenic and historic reserves that contain genuine conservation values worthy of being protected under that Act."

Very effectively 14%

Q1. Does the Reserves Act effectively enable local authorities to administer land held for public and community purposes?

Effectively 5%

Not effectively 30%

Somewhat effectively 49%

Don't know 2%

5

Leasing powers are in most need of reform.

Key Finding 2

We asked respondents which aspects of the PWA are most in need of reform and leasing powers clearly stood out with 68%. Management plans, classifications and delegation powers were also highlighted.

"I think all reserves need to be classified for their existing purpose automatically to save councils having to catch up on classifications. Changes to classifications would be the only requirement, and that’s only when the purpose has changed."

"The current provisions are both restrictive and cumbersome."

"It results in organisations not being able to offer ancillary services that support their core business (typically because they prefer to sub-lease things like catering, gyms or physios that are outside their skill-set). I think everyone working closely with those groups can’t help but feel for them, especially if they’re working off the ‘smell of an oily rag’ as many volunteer or not-for-loss organisations do."

Management plans 40%

Q2. Which of the following aspects of the Reserves Act needs to be reformed the most? (Respondents could choose as many options as appropriate).

Leasing powers 68%

Delegation powers 38%

Classifications 38%

Revocation 27%

Easement powers 19%

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Clarifying and/or simplifying leasing powers for local purposes

53%

Q3. What aspects relating to leases need to be reformed the most? (Respondents could choose up to two options).

Clarifying and/or simplifying leasing powers of recreation reserve 70%

Other 19%

Reducing need for public notification

44%

Question 4 asked respondents whether Schedule 1 lease terms should be revised. The majority of respondents (71%) think it should be revised and updated, while 13% said it should be repealed completely.

"Many community groups have raised concerns that at the end of the lease term the building reverts to council. There should be the option for the club to remove."

"Guidelines are generally a great thing but a review and having leases brought up to date would be beneficial – although acknowledge that specific terms need to give effect to Schedule 1 rather than verbatim."

Q4. Should the Schedule 1 lease terms be revised? (Respondents could choose one option).

Schedule 1 should be repealed completely 13%

Schedule 1 should be revised and updated 71%

Other 6%

Schedule 1 should be left as is 10%

7

Provisions regarding management plans should be altered.

Key Finding 3

We asked respondents if provision plans should be altered. The vast majority (72%) said yes.

Q5. Should the provisions regarding management plans be altered?

No

6%

Don't know

22%

Yes

72%

Of those who said yes, 61% of respondents said enabling shorter plans or standard provisions for management plans would most improve the system. Enabling minor technical corrections/non-material amendments closely followed with 57%, 43% said management plan provisions should be changed to include simplifying or reducing the cost of the process.

"[Management plans] are very cumbersome and the plans often seem to be more noted in their breach so seem of little effect."

"Local government bodies need one omnibus approach and resourcing to meet management plan requirements as they currently stand."

Q6. [If the answer of reform is yes], what changes would most improve the management plan provisions? (Respondents could choose up to two options).

Enabling minor technical corrections/non-material amendments 57%

Enabling shorter plans or standard provisions for management plans 61%

Reducing requirements for public notification 14%

Simplifying or reducing the cost of the process 43%

Other 7%

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Classification provisions should be altered.

Key Finding 4

We asked respondents if the provisions regarding classification or changes in classification be altered. The vast majority (74%) said yes.

Q7. Should the provisions regarding classification or changes in classification be altered?

No

13%

Don't know

13%

Yes

74%

Of those who said yes, 89% thought processes for classification should to be simplified and rationalised. Automatic classification of reserves vested on subdivisions was also strongly supported, by 78% of respondents.

"In practice, [there’s] very little difference between Rec Reserves and LPRs unless you want to lease or sell the land. The Rec Reserve provisions are cumbersome to work through (notwithstanding this section and subject to that section, unless this or that…) and need a total rewrite."

"The process is too costly and cumbersome. As long as public good and protection of the land is maintained, the crossover between uses shouldn’t be so hard as things/needs change more rapidly now."

Automatic classification of reserves vested on subdivisions 78%

Q8. [If the answer of change is yes], what changes would most improve classification? (Respondents could choose up to two options).

Simplifying and rationalising processes for classification and changes to classification 89%


9

Reserve revocation provisions should be altered.

Key Finding 5

Respondents were asked whether provisions regarding reserve revocations should be altered and if so, which aspects. Twenty five of the 37 respondents (68%) said reserve revocation provisions should be altered.

$Q9. Should the provisions regarding

reserve revocation be altered?

No

16%

Don't know

16%

Yes

68%

Of those who said yes, 63% thought minor revocations or reserves of low public value processes should be simplified. Thirty three percent said the provisions should be changed to allow local authorities to share in sale proceeds where there is an underlying Crown interest.

"Where classifications do not permit the variety of activities required by communities, local government should have the power to revoke the reserve and administer the land under the Local Government Act 2002."

Allowing local authorities to share in sale proceeds where there is an underlying

Crown interest 33%

Q10. [If the answer to alter the reservation revocation provisions is yes], which aspects should be altered? (Respondents could choose one option).

Simplifying the processes for minor revocations or reserves of low public value 63%


10

Local authorities should be expressly enabled to exercise normal delegation powers under the LGA.

Key Finding 6

Respondents were asked what they thought was the most important issue that needs to be addressed regarding delegations. A majority said the provisions should expressly enable local authorities to exercise normal delegation powers under the Local Government Act 2002 (68%). Meanwhile, only 21% of participants said further ministerial delegations to local authorities is the most important issue.

"Due to lack of suitable delegations down from the council itself, minor consent issues cannot be dealt with in a timely and cost-effective manner."

Further ministerial delegations to local authorities 21%

Q11. What do you think is the most important issue that needs to be address in relation to delegations? (Respondents could choose one option).

Expressly enabling local authorities to exercise normal delegation powers under

the Local Government Act 2002 68%

Other 11%

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There is no majority view as to whether provisions regarding easements should be altered.

Key Finding 7

Respondents were asked whether provisions regarding easements should be altered. There was some uncertainty around this. Forty nine percent said yes while 35% didn’t know.

Q12. Should the provisions regarding easements be altered?

Don’t know

35%

No

16%

Yes

49%

Of those who said yes, 89% said those provisions around granting easements need to be simplified and rationalised.

Q13. [If the answer to change easements is yes], which aspects do you think need to be altered? (Respondents could choose one option).

Reducing the need for public notification 11%

Simplifying/rationalising powers to grant easement 89%

Other 0%

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Methodology The report draws on 37 responses from local government employees on the LAPA database. The survey was carried out in September 2016.

Questions in the survey were not compulsory leaving respondents to answer the topics they were most knowledgeable about.

Question Number of responses

1 37

2 373 36

4 31

5 366 287 378 279 3710 2711 3412 3713 18

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