Southern Greenway Reserve Exchange of Land and Road Stopping

Background

The Southern Greenway is an important historical and ecological open space in the south of Invercargill. The Reserve covers almost 7 hectares and is located in a prominent position along the Southern Scenic Route at a key entrance to the City. The long narrow character of the reserve contributes to the reserve and open space network of the City.

In October 2006 Council advertised its intention to prepare a reserve management plan for the Southern Greenway Reserve. Council called for members of the public to submit their ideas on the management and long term development of the reserve.

As part of the consultation process prior to drafting a Management Plan for the Southern Greenway, the Invercargill City Council Roading Division indicated that areas of the Southern Greenway would be required for roading purposes. It was also noted that some areas of unformed road would not be required for roading purposes in the future and so it was proposed to Council to exchange these areas via public consultation.

Roading and Parks Departments agreed on an approach for the exchange of land of roads and reserve land to legally formalise boundary adjustments, and swap land for roads where they saw opportunities to address road safety at intersections, and extend reserve land to Rockdale Road as a recreation connection to other recreational spaces (cycleways, reserve land, floodbanks). Some parts of the road corridor were narrow and this exchange improved this should future road works be needed.

Parks and Recreation advertised the exchange of land in 2011.

In 2011 Council considered a request to exchange land with Roading. The Roading process was not undertaken and accordingly the exchange has not occurred.

Given the period of time, Parks and Recreation are now re-advertising the exchange of land to ensure that there has not been changes to community expectations with this process as a whole.

The exchange of road for reserve land will benefit the community and better facilitate future developments including walking and cycling trails, road safety and improvements that are for all users.

Reserves Act Process

Disposal of land for alternative local authority purpose or 'public work' requires uplifting of reserve status or through exchange of land under s15. Under s15 of the Reserves Act a territorial authority may, by notice in the Gazette, authorise the exchange of the land comprised in any reserve or any part or parts thereof for any other land to be held for the purposes of that reserve.

Council must resolve to do so, but no resolution must be passed until one month public notice of the intention to pass the resolution has been carried out, calling for objections in writing. Under this section of the Act, land exchanged in this manner automatically takes on reserve status in the case of land added, and reserve status is removed for land removed. The revised delegations approved by central government in 2013 gave approval for local authorities to carry out this process without requiring ministerial approval as had previously been the case.

Road Stopping Process

Public notice for road stopping is required pursuant to the provisions of Section 342 and the Tenth Schedule of the Local Government Act 1974.

Once the public consultation is completed, Council will consider any submissions for and against and determine whether to continue with the road stopping process. Should any objection be received to the road stopping process and this is upheld by Council, then the matter will be referred to the Environment Court for as per the Tenth Schedule of the Local Government Act 1974.

As part of the road to be stopped is zoned Rural, Council must also seek the consent of the Minister of Lands prior to proceeding to stop the road as per Section 342 of the Local Government Act 1974.