Devonport-Takapuna Local Board 17 September 2013

Takapuna Beach Holiday Park lease and maintenance issues

File No.: CP2013/22616

Purpose
1. In relation to Resolution number DT/2013/285, this report is to answer the query raised by the Devonport Takapuna Local Board regarding: a) the duration of the temporary lease on the premises; b) who is responsible for the upgrading and maintaining the surface of the access thoroughfare for vehicle into and through the holiday park?

Executive Summary
2. At its meeting on 20 August the Devonport-Takapuna Local Board resolved: Resolution number DT/2013/1 MOVED by Member JRK O'Connor, seconded Member JM Bergin: That the Devonport Takapuna Local Board asks that a report be furnished to the September 2013 meeting of the Devonport Takapuna Local Board on the future status of the tenure of the Takapuna Beach Holiday Park relating to: a) the duration of the temporary lease on the premises; and b) who is responsible for the upgrading and maintaining the surface of the access thoroughfare for vehicle into and through the holiday park. CARRIED 3. This report addresses the boards resolutions.

A. 4.

The duration of the temporary lease on the premises The lease to The Real Kiwi Holiday Company Limited for the Takapuna Beach Holiday Park at 22 The Promenade, Takapuna expired 31 March 2013. Clause 2.2 of the Lease allows:Holding Over: If, other than under the grant of a further lease, the Lessor permits the Lessee to remain in occupation of the Premises after the end or earlier termination of the Term, the Lessee will be a monthly tenant only

5.

Therefore, since 1 April 2013, The Real Kiwi Holiday Company Limited is operating under their original expired Lease on a month by month basis. This means that either party can give one months notice of termination of the tenancy at any time. This situation will continue until such notice is given by either party. The Real Kiwi Holiday Company Limited was informed of this situation by letter dated 14 January 2013. This was reconfirmed to the Lessee by letter dated 28 August 2013, when it was advised that Council is unable to formally offer you any extension of your lease. It must therefore remain on the existing Monthly Tenancy basis as per Clause 2.2 of your expired Lease A lease to the Real Kiwi Holiday Company Limited on Takapuna Beach is not contemplated in the recently adopted Takapuna Beach Reserve Management Plan and an offer to extend the lease would therefore be contradictory to the adopted plan.

6. 7.

8.

Takapuna Beach Holiday Park lease and maintenance issues

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If there is a desire to consider a new lease for the Holiday Park on Takapuna Beach Reserve, this would require public notification and consultation under the Reserves Act 1977. Responsibility for the upgrading and maintaining the surface of the vehicular access

B.

10. The Lease is not clear on responsibility for the upgrade and maintenance of the vehicular access within the Holiday Park. 11. Clause 11.1 details the maintenance responsibilities of the Lessee, which includes maintaining the Premises and Lessees improvements including the interior and exterior of all buildings and all improvements on the Premises and all drains, sewers, fences, gates, electrical and gas fittings, water pipes, taps, wastes and other appurtenances now or during the term being erected constructed or installed on the Premises in good clean and substantial order condition and repair 12. Additionally, Clause 11.2 indicates limitations on the Lessees Maintenance Obligations, meaning that the Lessees obligations do not extend to deterioration arising from Fair Wear and Tear or Acts of God, which include earth subsidence. 13. An investigation by ACPL Facilities Manager and an independent roading contractor indicate that the condition of the surface of the asphalt driveways, especially at the entrance to the Holiday Park, are most likely caused by last summers drought, which dried out the ground causing the subsurface to shrink. This resulted in the considerable unevenness in the surface and the breakdown of the asphalt in various places. 14. Given the significant concern with the current state of the asphalt surfaces and taking into account the limited life anticipated for the Holiday Park, ACPL has opted to focus specific repairs to specific areas in order to ensure the most cost effective solution. ACPL is currently reviewing the quote to carry out adequate repairs to the vehicular access ways, and plans to have the work carried out imminently.

Recommendation/s
That the Devonport-Takapuna Local Board: a) Accept this report.

Discussion
15. Discussion of this issue is covered in the Executive Summary.

Consideration
Local Board Views
16. That this report be accepted by the Devonport Takapuna Local Baord

Maori Impact Statement

17. ACPL has a comprehensive Iwi engagement process that engages with the 19 key Mana Whenua groups in the Tamaki region on four fronts: identifying cultural significance concerns regarding disposal and development properties, flagging commercial interests, development partnering discussions and engagement around design outcomes for council driven development projects. ACPL has also undertaken to be part of councils Maori Responsiveness Plan pilot program. The projects key output will be an operational document outlining how ACPL will contribute to councils strategic and operational commitments to Maori.
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Takapuna Beach Holiday Park lease and maintenance issues

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General
19. Auckland Council Property Limited is delegated management for the Takapuna Holiday Park at 22 The Promenade, Takapuna 20. Parks Sports and Recreation are the Council Stakeholder, have been consulted and support the recommendations made in this report.

Implementation Issues
21. As the lease expired on 31 March 2013, there are no implementation issues for the Holding Over of the Lease as it has been a monthly tenancy since that date

Attachments
There are no attachments for this report.

Signatories
Authors Authorisers Roger Sweeney - Team Leader, Property Management, ACPL Margrit de Man - Property Portfolio Manager, ACPL James Liddell - Senior Advisor Local Board Services

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As this is a straight forward lease rollover with no change to the property, the existing tenants, or re-tender of the property, there has been no Iwi engagement undertaken in respect of the Holding Over of the Takapuna Holiday Park lease.