Official Information Request - reserve revocation process

I refer to your Local Government Official Information and Meetings Act request of 10 August 2022 addressed to the Chief Executive regarding the processes undertaken in the proposal to use some reserves for housing; in particular the conflict between:

-the statements in RLC’s letter of 27 May ‘No decisions have been made’ and ‘If the proposal progresses further, there would be further formal public consultation via whichever method is used to revoke reserve status – Local Bill or the Reserves Act process’; and

-the Daily Post article on 26 July quoting Patricia Hosking ‘I was stunned to discover what had been planned … you did not intend to consult with the public over the sale and had a Bill prepared with the intention of bypassing the Reserves Act to speed up their sale’.

1. Has the Council undertaken any work in preparing a Local Bill relating to the Council reserves?
   Yes
2. If not, why has the Council made no attempt to correct the misinformation in the Daily Post?
   N/A
3. If so, what work has been undertaken and what stage has the preparation reached?
   A draft Local Bill was prepared as part of the due diligence to ascertain whether a Local Bill was feasible (copy of the draft Bill attached).
4. If the Council has undertaken such work, how does it explain this apparent contradiction with its public statements?
   Both the Local Bill and Reserves Act options require Council to undertake further public consultation.
5. Has the Council undertaken any work in preparing an application under the Reserves Act to revoke the status of the reserves?
   Not at this stage.
6. If so, what work has been undertaken and what stage has the preparation reached?
   N/A
7. If not, and if there has been work in preparing a Local Bill, why has only one possible process been anticipated when no ‘further formal public consultation via whichever method is used’ has yet commenced.
   As noted above, a draft Local Bill was prepared as part of the due diligence to ascertain whether a Local Bill was feasible. Staff are already aware of the process to be followed under the Reserves Act. Further public consultation is required using either the Local Bill or Reserves Act, whichever option is adopted by Council.
8. Prior to the assessments being made under the objectives of the Open Space Level of Service Policy, what input had been received from central Government agencies regarding the use of Council reserve land for housing?
   A LGOIMA request regarding correspondence between Rotorua Lakes Council and Ministry of Housing and Urban Development is available on Council’s website HERE
9. Apart from the 10 reserves in the Council proposal, how many other reserves were assessed under the objectives of the Open Space Level of Service Policy?
   All reserves within the urban area were assessed against the Open Space Level of Service Policy.
10. Why is it that there are no other reserve areas proposed for revocation, other than those which have areas within them that appear suitable for housing?
    Only the 10 reserves for which consultation was undertaken were identified as not meeting the Open Space Level of Service Policy criteria and were suitable for other purposes.

You have the right to seek an investigation and review by the Ombudsman of this decision. The Ombudsman’s Office can be contacted by calling 0800 802 602, emailing info@ombudsman.parliament.nz, online at www.ombudsman.parliament.nz, or by post to The Ombudsman, PO Box 10152, Wellington 6143.

Publication of responses to LGOIMA requests

Please note: Our LGOIMA responses may be published on the Rotorua Lakes Council website after they have been responded to, with requesters’ personal details withheld. If you have any concerns about this please contact the Council on info@rotorualc.nz.

Regards