Land Management and Funds Allocation in New Plymouth District Council: Overview
This presentation provides an overview of the New Plymouth District Council Local Purposes (Waitara Lands) Bill, detailing the key provisions related to land sales, fund allocation, and the establishment of a Waitara Community Board and a Waitara Hap Land Fund. The bill outlines the distribution of proceeds from land sales between the council and regional council, as well as the specific funds dedicated to the Waitara Community Fund, Waitara River Authority, and Waitara Hap Land Fund. Additionally, it highlights the decision-making structure and delegation of authority for spending from these funds.
Download Presentation
Please find below an Image/Link to download the presentation.
The content on the website is provided AS IS for your information and personal use only. It may not be sold, licensed, or shared on other websites without obtaining consent from the author. Download presentation by click this link. If you encounter any issues during the download, it is possible that the publisher has removed the file from their server.
E N D
Presentation Transcript
New Plymouth District Council Local Purposes (Waitara Lands) Bill Overview Presentation
The Bill you submitted on: Freed the restrictions on how the NPDC and TRC could spend the proceeds from leases and freeholding the leased land; Created one Statutory Board, the Waitara Community Board to spend all of NPDC s proceeds; The Board would have 2 Te Atiawa members on it: - Could not appoint its own chair this was appointed by the Council; NPDC would return: - 13 ha of developable land at Brown Road; - 30 ha of reserve land transferred (with joint management but Council paying all admin costs of the reserve); and - 40 ha of Right of First Refusal Land.
The Bill you submitted on: The TRC provisions said that the TRC would spend all of its proceeds in Waitara and if it could not, it could spend them in the wider Taranaki region. There was no transparency or clarity about how its spending at Waitara work, what projects would get priority or how it would decide when it couldn t spend the money.
How the money from land sales is split: Endowment land is sold. The proceeds of the sale: (50%): (50%): New Plymouth District Council Taranaki Regional Council
NPDC and TRC proceeds at a glance: Endowment land is sold, lease money is collected. The proceeds of the sale and leases: (50% of total proceeds): New Plymouth District Council (50% of total proceeds): Taranaki Regional Council (50% of NPDC s proceeds): Waitara Community Fund (100% of TRC s proceeds) Waitara River Authority (70% whole river 30% lower Waitara river and Waitara). (50% of NPDC s proceeds): Hap Land Fund
This version of the Bill: Enables the land the Council is transferring, to go to a Hap entity or Te Kotahitanga o Te Atiawa. Enables the Council to purchase land for hap /iwi. Creates a second fund, the Waitara Hap Land Fund and a committee to decide how the fund will be spent. The fund is for the: purchase, development, management of land for benefit of Waitara hap . The committee that operates the fund is made up of four people two people from each hap . It has all decision making delegated to it so that it can determine how money should be spent. The Statutory Board then must carry out the determinations. It cannot disagree with the HLFC (unless the committee breaches the Council s standing orders or code of conduct or the law).
NPDC: -Establishes the Waitara Community Fund and the Hap Land Committee Fund - Empowers the Hap Land Fund Committee - Administers the scheme of Annual Releases from Waitara Community Fund Waitara Statutory Board: The Funds: - Established and empowered by statute - Council members and Trustees are the members It: - Distributes $ from Hap Land Fund in accordance with determinations of HLF Committee - Determines and distributes from Annual Releases from Waitara Community Fund Hap Land Fund (50%): Purchase, development, management of land for benefit of Waitara hap . Not perpetual (principal may be spent). Waitara Community Fund (50%): - Benefit of Waitara community or any part of community. - Perpetual fund (only the interest can be spent). - - Hap Land Fund Committee: - 2 members of each Waitara hap - It is a committee of Waitara Stat Board - Determine amounts and purposes of distributions from Hap Land Fund.
This version of the Bill: Creates a committee for the health and management of the Waitara River. All of TRC s proceeds from the leases or freeholding will go to this committee. The Committee is made up of all the iwi that have mana whenua over the river, stretching from Te Atiawa at the mouth, to Ngati Maniapoto (if they choose) at the top. It is a joint committee equal number of TRC people to iwi. This is a FIRST the committee makes determinations not recommendations. 30% of the TRC proceeds are ringfenced for the lower Waitara catchment (which is approximately at the Te Atiawa/Ngati Maru boundary) and the Waitara township. Waitara hapu are on a subcommittee that makes recommendations to the joint committee about how the 30% should be used. The joint committee must have particular regard for what the hap subcommittee recommend. If they don t do what the hap subcommittee recommend, they have to do a lot of extra consultation etc.
Taranaki Reginal Council - Establishes and empowers Waitara River Committee - Applies money in accordance with Committee determinations Waitara River Committee TRC and Waitara River Authorities (iwi) 50/50 membership. - Subcommittee Determinations on expenditure: - 2 members of each Waitara hap Health and well-being of Waitara River (70%) ( to determine the amounts and purposes of distributions of 70 percent of the TRC income toward the restoration, protection, and enhancement of the environmental, cultural, and spiritual health and well- being of the Waitara River ) - Recommendations on the 30% portion of expenditure Matters in Waitara or lower catchment of river (30%) - particular regard to recommendations of subcommittee o
Leaseholders Rights Part 3 of the Bill discusses how leaseholders or others may freehold the land. Part 3, clause 19 (3) notes: The right of the lessee is to be treated as a term of the lease and survives any sale of the fee simple interest by the Council or any other person. So: for the first 15 months after the Bill becomes law, the leaseholders have the right to purchase the land and not pay the Council s costs. The land is valued at the cost of the unimproved land. Section 21 discusses the process the leaseholder follows to purchase the freehold land. The Council must discuss the sale with Te Kotahitanga or the Waitara Hap if selling to other than the leasee.
Latest developments with the progress of the Bill: On Wednesday 9 August, the Bill had its second reading. This was to preserve the changes made since the original Bill was introduced. Now we need to finish the Bill. This means: It needs one more reading it s third. Before third reading though, it has to go through one more stage - Committee of the Whole House (CoWH). This is the final opportunity to make changes to the Bill. These changes need to be supported by all parties. The changes are made are called a Supplementary Order Paper or SOP
The SOP The SOP would cover: - Waitara River SO Plan showing catchments (upper and lower) - Tax indemnity provisions for HLFC (if Minister of Finance and Minister of Revenue agrees) - Ranfurly Park and Pukekohe Park added to the RFR list (if Minister of Conservation gives agreement). - Anything else coming out of your consultation that the Councils agree to.
