christchurch city council extraordinary agenda

Christchurch City Council

EXTRAORDINARY AGENDA

Notice of Meeting: An extraordinary meeting of the Christchurch City Council will be held on:

Date: Thursday 3 December 2020

Time: 2pm

Venue: Council Chambers, Civic Offices,

53 Hereford Street, Christchurch

Membership Chairperson

Deputy Chairperson

Members

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Jimmy Chen Councillor Catherine Chu

Councillor Melanie Coker

Councillor Pauline Cotter Councillor James Daniels

Councillor Mike Davidson Councillor Anne Galloway

Councillor James Gough

Councillor Yani Johanson Councillor Aaron Keown

Councillor Sam MacDonald Councillor Phil Mauger

Councillor Jake McLellan

Councillor Tim Scandrett Councillor Sara Templeton

1 December 2020

Principal Advisor Dawn Baxendale

Chief Executive

Tel: 941 6996

Jo Daly

Council Secretary 941 8581

[email protected]

www.ccc.govt.nz

Note: The reports contained within this agenda are for consideration and should not be construed as Council policy unless and until

adopted. If you require further information relating to any reports, please contact the person named on the report.

Watch Council meetings live on the web: http://councillive.ccc.govt.nz/live-stream

http://www.ccc.govt.nz/

http://councillive.ccc.govt.nz/live-stream

Council 03 December 2020


TABLE OF CONTENTS

Karakia Timatanga ....................................................................................................... 4

1. Apologies / Ngā Whakapāha .................................................................................. 4

2. Declarations of Interest / Ngā Whakapuaki Aronga .................................................. 4

3. Public Participation / Te Huinga Tūmatanui ............................................................ 4 3.1 Deputations by Appointment / Ngā Huinga Whakaritenga ........................................................... 4

4. Presentation of Petitions / Ngā Pākikitanga............................................................ 4

STAFF REPORTS

5. 281 Beach Road, Akaroa - Cultural and Historic Significance of the Red House,

Takapūneke Reserve ............................................................................................ 5

6. Resolution to Exclude the Public.......................................................................... 47

Karakia Whakamutunga


Karakia Timatanga

1. Apologies / Ngā Whakapāha

At the close of the agenda no apologies had been received.

2. Declarations of Interest / Ngā Whakapuaki Aronga

Members are reminded of the need to be vigilant and to stand aside from decision making when a

conflict arises between their role as an elected representative and any private or other external

interest they might have.

3. Public Participation / Te Huinga Tūmatanui

3.1 Deputations by Appointment / Ngā Huinga Whakaritenga

Deputations may be heard on a matter or matters covered by a report on this agenda and

approved by the Chairperson.

4. Presentation of Petitions / Ngā Pākikitanga

There were no Presentation of Petitions at the time the agenda was prepared.


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5. 281 Beach Road, Akaroa - Cultural and Historic Significance of

the Red House, Takapūneke Reserve Reference / Te Tohutoro: 20/1482900

Report of / Te Pou

Matua:

Russel Wedge, Team Leader Parks Policy & Advisory,

[email protected]

General Manager / Pouwhakarae:

Mary Richardson, General Manager Citizens and Community, [email protected]

1. Brief Summary

1.1 The purpose of this report is to inform the Council of the cultural and historic significance of the ‘Red House’ at 281 Beach Road, Akaroa. This privately owned residential property referred

to as the ‘Red House’ is being auctioned on the 10 December 2020 and is surrounded by

Council owned Historic Reserves, collectively known as Takapūneke Reserve.

1.2 The land the Red House is built on was once part of a major Ngāi Tahu flax trading village of

chief Tē Maiharanui, who traded with whaling vessels from Europe, America and vessels from

Sydney in the mid-1820s.

1.3 It was through the good relationship Tē Maiharanui had with the Europeans that he boarded a British ship Brig Elizabeth, was captured and later killed by Te Rauparaha who had hid in the

ship. That evening (or the following morning) Te Rauparaha and his war party went ashore at

Takapūneke and massacred the unsuspecting Ngāi Tahu inhabitants.

1.4 Takapūneke was considered a sacred site to Ngāi Tahu after the 1830 massacre out of respect

of their Tupuna (ancestors) and avoided the area for over a hundred years.

1.5 The Europeans, William Green and family in 1839 landed their cattle at Takapūneke, which

was the first cattle station established in the South Island. The first Red House was built in

1839 for the Green family in approximately the same location as the present Red House and was painted bright red. This was destroyed by fire in 1888 and the Red House that is for sale

today was built in 1924/25. This is the first time since 1997 it has been for sale.

1.6 The Māori and European history of Takapūneke has been interwoven since the 1820s and the Red House, although now privately owned, is part of the history of Takapūneke and is

significant to the citizens of Akaroa, Christchurch City and New Zealand.

2. Officer Recommendations / Ngā Tūtohu

That the Council:

1. Receive the information on the 281 Beach Road, Akaroa - Cultural and Historic Significance of

the Red House, Takapūneke Reserve report


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3. Background

3.1 In the mid-1820s Chief Tē Maiharanui had established a major settlement at Takapūneke

trading flax to European and American whaling vessels, including vessels from Sydney.

3.2 In 1830 Takapūneke Reserve was the site of a massacre of Ngāi Tahu ancestors by Te

Rauparaha through the treachery of Captain Stewart of the British ship Brig Elizabeth. The

massacre has a direct link to the claim of British sovereignty over New Zealand (British flag raised) represented by the Britomart Memorial at the northern end of Takapūneke Reserve,

and the signing of the Treaty of Waitangi at the Bay of Islands.

3.3 Takapūneke Reserve was registered by the Historic Places Trust in 2002 as wāhi tapu (sacred

place) in recognition of the significant cultural, social, spiritual and heritage values to Ngāi

Tahu and in particular Ōnuku Rūnanga.

Territorial Local Authorities

3.4 Previous territorial local authorities have undertaken developments on Takapūneke Reserve,

despite objections from Ōnuku Rūnanga and Ngāi Tahu concerned over the damage to their

cultural, spiritual and historic association with the land. These have included:

In 1964/65 the Akaroa County Council bought the western corner of Takapūneke

Reserve (prior to the adjoining land vested as reserve) and constructed the Akaroa Sewage Treatment Plant. This land had been part of chief Tē Maiharanui’s kāinga

Takapūneke Reserve

Britomart Monument

Akaroa Sewerage

Plant

The Red House

Rubbish Dump


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(village). During construction, middens were destroyed that were at least 150 years

old. The Takapūneke Conservation Report states (historian) “Harry Evison was later

to describe the establishment of the first sewage treatment works and then the

rubbish dump at Takapūneke as the ultimate in modern cultural oppression.”

In 1979 the Akaroa County Council bought the remaining land now referred to as Takapūneke Reserve and established the Akaroa rubbish dump above Tē

Maiharanui’s kāinga.

In 1997 the Banks Peninsula District Council subdivided an area now known as Takapūneke Reserve into five Lots, creating a residential Lot for the Red House that

was sold as a residential Lot to the present owners.

In 1998/99 the Banks Peninsula District Council proposed to subdivide the land

behind the Red House, now part of Takapūneke Reserve into 61 residential

sections. This was later reduced to 41 sections. Ōnuku Rūnanga and the Historic Places Trust opposed the subdivision. The Takapūneke Conservation Report p43,

the Rūnanga wrote to the District Council on 13 May 1998 stating that “…the whole

bay is of cultural significance…” and continuing:

It is abhorrent to Te Rūnanga o Ōnuku that his bay, which was the site

of occupation and a massacre, has been defiled by both a rubbish dump and a sewage treatment plant…It would be Te Rūnanga o

Ōnuku’s preference that no further development take place in the bay.

Ōnuku cannot state strongly enough our grief at the past treatment of the site by past Councillors and officers of the Banks Peninsula District

Council and its forebears.”

In 2006 the Banks Peninsula District Council resolved to combine the Britomart and

Takapūneke Reserves with the land that was to be subdivided to become a single

historic reserve for which national reserve status would be sought. The subdivision

did not continue.

3.5 In 2016 the Christchurch City Council and Ōnuku Rūnanga worked in partnership to establish the Takapūneke Reserve Management Plan Project Team. The purpose of the Team was to

advise on the development of the reserve management plan. The team consisted of three

elected members from the Council and three members from the Rūnanga.

3.6 In 2018 the Christchurch City Council adopted The Takapūneke Reserve Management Plan. An

outcome of the Plan was the establishment of the Takapūneke Reserve Co-Governance Group to provide guidance for the management and development of the reserve in accordance with

the Management Plan. The Co-Governance group consists of three elected members from

Ōnuku Rūnanga and three members from Christchurch City Council.

Cultural

3.7 Ōnuku Rūnanga have the responsibility to act as kaitiaki over these lands and are active in the

environmental management of their takiwā (Tribal Territory). For Ōnuku Rūnanga, kaitiakitanga is an inherent responsibility which comes from whakapapa and is the act of

safeguarding the mauri (life force) of the environment and ensuring the area is passed down to

future generations in a state which is as good or better than its current state.

3.8 The Takapūneke Reserve Management Plan Section 4 identifies the kaupapa, fundamental

values or first principles that underpin the view held by Ōnuku Rūnanga and are woven into the objectives and policies for the development of the reserve in a cohesive and meaningful


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way that acknowledges and respects the relationship between tangata whenua and their

ancestral landscape.

3.9 Interpretation of the Takapūneke landscape in its entirety with its many layers of tangible and intangible values requires an understanding of the relationships between people and their

environment over time. For Māori, landscapes are imbued with metaphysical values. Whakapapa is embedded within the landscape through the naming of geographical features

and places, the composition of waiata and the recounting of ancestral feats, creation stories

and legend. Myths and legends hold fundamental knowledge and are remembered because

they tell of protocols, practical and ethical ways to care for places and people.

3.10 Ōnuku Rūnanga in accordance with anchoring and retaining the ahi ka (occupation of ancestral land) celebrate and honour the places their tupuna (ancestor) moved through.

Knowledge and experience of these cultural landscapes and mahinga kai (cultivation) has

been retained so that this mātauranga (knowledge) can be passed down to future

generations.

3.11 Takapūneke Reserve, as wāhi tapu means a place sacred to Māori, and in particular to Ōnuku

Rūnanga in the traditional, spiritual, religious, ritual and mythological sense. (Refer

Attachment A, Onuku Runanga Takapuneke draft Cultural Design Framework).

Historic Events - Takapūneke

3.12 1831 - after the use of the Brig Elizabeth in the massacre, the Sydney Governor endeavours to bring Captain Stewart to justice. The case was dismissed through lack of evidence. Māori

witnesses as non-Christians were legally incompetent to give evidence on oath.

3.13 After the massacre at Takapūneke, survivors live at the next bay and Takapūneke remained

tapu.

3.14 W. Green and W. Rhodes landed the first shipment of cattle to the South Island at Takapūneke.

3.15 1938 - John Langlois signs deed of purchase for land including Akaroa and Takapūneke.

3.16 1839 - cattle owned by W. B. Rhodes are landed at Takapūneke in charge of William Green.

William Green burns the remaining bones of the people killed at Takapūneke in 1830, the

ashes spread across Takapūneke.

3.17 1840 - Te Tiriti o Waitangi. The Herald sailed into Akaroa Harbour, two Ngāi Tahu chiefs signed

the Treaty of Waitangi at Ōnuku.

3.18 1840 - the British flag was raised at Akaroa by Captain Stanley of the Britomart to demonstrate

British Sovereignty.

3.19 1843-47 - George Rhodes takes over the management of the cattle at Takapūneke and lives in

the first red painted house.

3.20 1848 - Kemp’s Deed: The HM sloop Fly with Commissioner Kemp on board sailed into Akaroa

Harbour to meet with 500 Ngāi Tahu. This first meeting ended in a heated argument with

Kemp saying he would leave Akaroa in two days and Ngāi Tahu had to decide by then whether

to accept his terms and sell land to Kemp. Piuraki Tikao refused to sign and Kemp left by ship.

3.21 Two months later Commissioner Mantell arrived to set out the promised reserves. Māori were surprised and angered when Mantell produced a map of Kemp’s deed that extended the

western boundary from the Canterbury foothills all the way to the West Coast. Mantell quelled

their anger by promising much larger reserves and a large extra payment including schools

and hospitals.


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3.22 Ngāi Tahu now consider the transaction as unfair with the sale resulting in most of

Canterbury, Westland and Otago being sold for the sum of ₤2000.

3.23 1856 - Akaroa Deed signed by Ngāi Tahu chiefs, including Ōnuku, requested Takapūneke as a

reserve before the land transactions were finalised but were refused.

3.24 1888 - the original Red House burns down.

3.25 1898 - the Britomart Memorial was constructed at Green’s Point to mark 60 years of Queen

Victoria’s reign.

3.26 1925 - William Robinson buys the Takapūneke land and the Red House is built, which is

currently for sale.

3.27 1893–1907 - the Akaroa Borough Council disposes 1 ton of night soil per week in the harbour

area on the south side of the reef at Takapūneke, Red House Bay.

3.28 1964 - the Akaroa County Council purchased a small area of land on the Southern side of

Takapūneke for a public sewage treatment plant. There is no known record of consultation

with Ngāi Tahu.

3.29 1964 - during the construction of the sewage treatment plant, middens on the small flat were

destroyed.

3.30 1978 - the Akaroa County Council purchase the balance of Takapūneke from the Robinson

family with the intention to extend the sewage plan, create a rubbish dump and potentially subdivide the more gently sloping land amongst a number of other possible uses and

activities.

3.31 1979 - the rubbish dump was established on Takapūneke off Ōnuku Rd. Prior to the establishment of the dump and associated service yard, the Council had sought advice from

the Canterbury Museum and the Historic Places Trust in relation to the potential cultural significance of the site. The Banks Peninsula Māori Committee objected to the proposed

dump.

3.32 1992-1993 - the Banks Peninsula District Council commissioned an archaeological survey of Takapūneke in advance of starting the process of subdividing the gently sloping land on the

northern part of the bay leading to Green’s Point. Archaeological features where identified on

the south western portion of Takapūneke, but no features were identified on the northern portion, which supported the Council’s plan to subdivide. Ōnuku Rūnanga were devastated by

the news. The Rūnanga did not believe that the lack of surface archaeological evidence

equated to lack of cultural significance.

3.33 1996 - the Ngāi Tahu Settlement: the signing of the non-binding Heads of Agreement occurred

on the 5th of October 1996, then the signing of the Deed of Settlement at Kaikōura on the 21st November 1997, and the passage of the Ngāi Tahu Claim Settlement Act on the 29th

September 1998. The formal apology from the Crown to Ngāi Tahu occurred on the 29th

November 1998 at Ōnuku Marae.

3.34 1996 - the Banks Peninsula District Council applied for resource consent to subdivide 4.7ha of

land for residential development. The District Council proposed the largest portion of

Takapūneke on the southern side to become a reserve.

3.35 1996 - as a result of the Ngāi Tahu settlement, Ngāi Tahu had funds not previously available to

seek professional advice and support to fight the proposed subdivision.

3.36 1998 - Ōnuku Rūnanga, believing that the subdivision was imminent and there was little that

could be done to stop it, reluctantly signed a Heads of Agreement with the Banks Peninsula District Council on the condition the Council closed the dump, apologised for the past


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treatment of Takapūneke and turn the larger southern part of Takapūneke into a reserve. A

ceremony took place where the reserve land was symbolically gifted to the Rūnanga and the

Rūnanga then gifted the reserve back to the Council. A reserve committee was established

which consisted of equal numbers of members from Ōnuku Rūnanga and the Council.

3.37 2001 - an archaeological site was disturbed during subdivision earthworks. This disturbance and discovery resulted in the involvement of the Historic Places Trust and the Akaroa Civic

Trust. On the 8th September members of Ōnuku Rūnanga, Dr Harry Evision and Dame Anne

Salmond (historian and late chair of the NZHPT Board) visited Takapūneke and Ōnuku Marae.

This meeting marked a turning point for Takapūneke.

3.38 2002 - Takapūneke became the first site within the takiwā of Ngāi Tahu to be registered as a wāhi tapu. The extent of the registration included the Greens Point land of Takapūneke that

was still being considered for subdivision by the Council. This northern portion of Takapūneke

was included as wāhi tapu on account of the dispersal of ashes resulting from the cremation of

bones by the William Green in 1839.

3.39 2002 - Te Rūnanga o Ōnuku, the Akaroa Civic Trust, the Historic Places Trust and community

members met at Ōnuku Marae. All parties agreed to work towards Takapūneke being secured

by central government as a National Historic Reserve.

3.40 2008 - the Christchurch City Council established an Akaroa Wastewater Working Party. This was the first step towards finding a solution to Akaroa’s wastewater and removal of the

sewage treatment plant from Takapūneke.

3.41 2010 - the Takapūneke Historic Reserve was formalised. The reserve combined several land parcels including the northern portion of Takapūneke that had been the subject of potential

subdivision. A ceremony took place on Takapūneke to bless the classification of the reserve.

3.42 2012 - the Takapūneke Conservation Report was produced by Christchurch City Council with

input from Ōnuku Rūnanga, NZHPT, the Akaroa Civic Trust and many others.

3.43 2018 - the Takapuneke Reserve Management Plan was adopted by Ōnuku Rūnanga and the

Christchurch City Council.

Heritage New Zealand Pouhere Taonga

3.44 Takapūneke Reserve is registered Wāhi Tapu with Heritage New Zealand Pouhere Taonga, which provides statutory protection under the Heritage New Zealand Pouhere Taonga Act

2014 (HNPT Act). The HNZPT Act defines wāhi tapu as “a place sacred to Māori in the

traditional, spiritual, religious, ritual, or mythological sense”.

3.45 The Red House, as a private residence, was not included in the wāhi tapu area.

Takapuneke Reserve Management Plan

3.46 The Takapūneke Reserve Management Plan was adopted by the Council on 7 June 2018. The

Plan includes a specific section on the Red House.

3.46.1 Section 5.16 The Red House (Currently in Private Ownership) states:

If the private property should become available to purchase it would be advantageous

to the Council and Ōnuku Rūnanga if the site could be included within the area

covered by the Takapūneke Reserve Management Plan.

3.46.2 .Policy 1. states:

To obtain if possible, the Red House should it become available to the City Council

and/or Ōnuku Rūnanga as part of the area covered by the Takapūneke Reserve


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Management Plan as a venue, or for activities such as education, information, café,

restaurant, meetings or community based activities, including public toilets.

Attachments / Ngā Tāpirihanga

No. Title Page

A ⇩ Onuku Runanga Takapuneke draft Cultural Design Framework 12

In addition to the attached documents, the following background information is available:

Document Name Location / File Link

Not applicable

Confirmation of Statutory Compliance / Te Whakatūturutanga ā-Ture

Compliance with Statutory Decision-making Requirements (ss 76 - 81 Local Government Act 2002).

(a) This report contains: (i) sufficient information about all reasonably practicable options identified and assessed in terms

of their advantages and disadvantages; and (ii) adequate consideration of the views and preferences of affected and interested persons

bearing in mind any proposed or previous community engagement.

(b) The information reflects the level of significance of the matters covered by the report, as determined in accordance with the Council's significance and engagement policy.

Signatories / Ngā Kaiwaitohu

Author Russel Wedge - Team Leader Parks Policy & Advisory

Approved By Kelly Hansen - Manager Parks Planning & Asset Management

Andrew Rutledge - Head of Parks

Mary Richardson - General Manager Citizens & Community

Council

03 December 2020

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6. Resolution to Exclude the Public Section 48, Local Government Official Information and Meetings Act 1987.

I move that the public be excluded from the following parts of the proceedings of this meeting, namely

items listed overleaf.

Reason for passing this resolution: good reason to withhold exists under section 7.

Specific grounds under section 48(1) for the passing of this resolution: Section 48(1)(a)

Note

Section 48(4) of the Local Government Official Information and Meetings Act 1987 provides as follows:

“(4) Every resolution to exclude the public shall be put at a time when the meeting is open to the

public, and the text of that resolution (or copies thereof):

(a) Shall be available to any member of the public who is present; and

(b) Shall form part of the minutes of the local authority.”

This resolution is made in reliance on Section 48(1)(a) of the Local Government Official Information and

Meetings Act 1987 and the particular interest or interests protected by Section 6 or Section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting

in public are as follows:


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ITEM

NO.

GENERAL SUBJECT OF EACH MATTER

TO BE CONSIDERED SECTION

SUBCLAUSE AND REASON UNDER THE

ACT PLAIN ENGLISH REASON

WHEN REPORTS CAN

BE RELEASED

7.

281 BEACH ROAD, AKAROA - PURCHASE OPPORTUNITY FOR THE

RED HOUSE

S7(2)(B)(II), S7(2)(H),

S7(2)(J)

PREJUDICE COMMERCIAL

POSITION, COMMERCIAL ACTIVITIES, PREVENTION

OF IMPROPER

ADVANTAGE

THE PUBLIC CONDUCT OF THE PART

OF THE MEETING WOULD BE LIKELY

TO RESULT IN THE DISCLOSURE OF INFORMATION FOR WHICH GOOD

REASON FOR WITHHOLDING EXISTS

UNDER SECTION 7.

29 JANUARY 2021

THE SALE AND

PURCHASE AGREEMENT FOR A

PRIVATE RESIDENTIAL

PROPERTY THAT WILL BE AVAILABLE TO THE

PUBLIC AS COUNCIL

LAND.

christchurch city council extraordinary agenda

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