27 Hunters Rd and 42 Whero Ave land options

We have been working closely with the Diamond Harbour Reserves Management Committee to enter into covenants under S77 of the Reserves Act 1977 to protect the three gullies.

These covenants are used to preserve:

• Natural environments
• Landscapes
• Wildlife
• Freshwater habitats
• Marine habitats
• Areas of historic value

The gullies that we propose protecting are:

A   Sams Valley Gully

B   Morgans Valley Gully

C   Unnamed gully

Hunters Road and Whero Avenue covenant plan

Covenant areas [PNG, 1.1 MB]

A covenant would require a Management Plan to be prepared and will include (but not be limited to):

• Walkways
• Planting plans and schedule
• Restricted areas
• Pest control

A Management Plan would be prepared in collaboration with the Diamond Harbour Reserves Management Committee.

Lyttelton Borough Council acquired the land in 1913 under the Lyttelton Borough Extension Act 1911(external link). This local act authorised the Council to obtain certain land outside borough boundaries to meet the needs of the population – suitable land for building on.

The original parcel was much larger and successive Councils have subdivided and sold sections to private interests for residential development, notably in 1925, 1930, 1933, 1948 and 1973. In 1969 the Crown acquired part of the land for Diamond Harbour School. There has been no subdivision or sales since 1973, although easements have been made for NIWA and Orion, and a private right of way for 2 Kura Lane.

As a result of feedback to the Long Term Plan 2021-31, the Council asked staff to undertake targeted consultation to gather more information.

The full resolution from the LTP Council meeting:

1. That the Council defer a decision about the properties at 27 Hunters Road and 42 Whero Avenue, Diamond Harbour until a targeted consultation process can be undertaken to gather additional information to support the material gathered through the LTP consultation process.
2. Council create a project in the first year of the LTP and set aside a budget of $65,000 for this purpose. Report back to Council for a final decision as part of the FY2022/23 annual plan process.

Submissions and staff responses(external link) from the  Long Term Plan 2021-2031 for the sale of land in Diamond Harbour.

Option 1: Complete covenant and sell

Place a covenant over Sams Gully, Morgans Gully and the third unnamed gully, with protections for the walkways, and dispose of the remainder of the land. (Our preferred option) 

Option 2: Retain as a park

In the short term, this would result in no change, with the gullies continuing to be revegetated through community partnerships and the flat land leased for grazing.

At this stage, there is no identified need for additional parkland.

Option 3: Council develops the land

We could consider developing the property, in consultation with the community, either directly or with a development partner.  This is likely to carry significant financial risk – the revenue gained may be less than the cost of development – and is not our core business. We are unaware of any significant demand for residential development in Diamond Harbour.

Option 4: Transfer ownership to the community

As we don’t need the land but it is valued by the community, it could be transferred into community ownership.  This could be at below market price, subject to us being able to recover the capital value of the land should the community decide to dispose of it or develop it in the future.

Option 5: Status Quo

Finalise the covenant over Sams Gully, Morgans Gully and the third gully, with protections for the walkways, and continue to graze the flat land.

• Te Pātaka o Rākaihautū/ Banks Peninsula Community Board will review the consultation feedback.
• Council will make the final decision as part of the FY2022/23 Annual Plan process.