Robertson Grant: Wellington Town Belt Bill — First ReadingText is incorporated into the Bound VolumeRobertson Grant: Wellington Town Belt Bill — First Reading[Sitting date: 16 September 2015. Volume:708;Page:6708. Text is incorporated into the Bound Volume.]GRANT ROBERTSON (Labour—Wellington Central): I move That the Wellington Town Belt Bill be now read a first time. I nominate the Local Government and Environment Committee to consider the bill. It is my very great honour to be moving the first reading of this bill today on behalf of the Wellington City Council and in my position as the MP for Wellington Central. I want at the outset to thank the mayor councillors and officials of the Wellington City Council for their hard work in getting it to this point today.They say that good things take time. If so then there is no doubt that this bill is a very very good thing. I first encountered a proposal for legislation about the town belt some 14 years ago when I returned to Wellington to work for the then MP for Wellington Central Marian Hobbs. Some 7 years later as the newly minted MP I talked in my maiden speech about my desire to see the town belt fully recognised and protected in law. Some 7 years after that we have a bill and a first reading. The man from Mainland cheese has nothing on us when it comes to patience and perseverance.The Wellington town belt is a horseshoe-shaped green and open space that runs along the border of the Wellington Central and Rongotai electorates across Mount Victoria around to Te Ahumairangi in the west and across to Wadestown and the border with the Ōhariu electorate. Today it comprises nearly 400 hectares. It is of unique significance to Wellington and Wellingtonians and this bill will ensure that this remarkable asset remains a part of Wellington for many generations to come.It is important to acknowledge at the outset the connection of a number of iwi with the land that we know as the town belt. I am particularly pleased that this connection is spelt out in the preamble to the legislation so that it will form part of the statute when this bill passes.In 1839 when the New Zealand Company sought to establish a settlement at Wellington the iwi groups with take raupatu over the harbour and its surrounding area were Te Ātiawa Ngāti Ruanui Taranaki Ngāti Tama—collectively known today as Taranaki Whānui—and also Ngāti Toa Rangatira. The Treaty settlement processes for both Taranaki Whānui and Ngāti Toa have recognised the breaches of the Treaty of Waitangi in relation to Crown acquisition of lands within the Wellington Harbour and surrounding areas and I want to acknowledge those breaches again today.In early consultation on this legislation the importance of not only the land to mana whenua but also the protection provided to it by the town belt was recognised. I am very pleased to note that in clause 4(1) of the bill—the principles—it is clearly stated that “the Wellington Town Belt should be managed in partnership with mana whenua:”. Such an arrangement serves only to strengthen the protection and enhancement of the town belt for future generations.You will hear some Wellingtonians talk about the original town belt. What they mean is that in the New Zealand Company’s original plans there was a public reserve of some 1562 acres—approximately 632 hectares—including what is now the Wellington Botanic Garden. The company’s secretary John Ward instructed that this land be “public property on condition that no buildings be ever erected upon it”. What in fact occurred was that the Governor of the time indicated in 1841 that the reserves were required by the Crown for public purposes. This was not the last time such a thing would happen.Over following decades some land was reserved for the people of Wellington most particularly through the Wellington City Reserves Act of 1871 which in turn led the Superintendent of the Province of Wellington to execute the Town Belt Deed in 1873. By this point the town belt had been whittled down to 1061 acres 1 rood and 2 perches—more or less—as a result of the re-appropriation of land for Government projects. Although these projects saw the construction of Government House hospitals signal stations and educational facilities this purpose did fall outside the intention of why the town belt was set aside: for the recreation and enjoyment of Wellingtonians.In addition to vesting the land in the hands of the Wellington City Corporation the 1873 Town Belt Deed stated that the land should “be for ever hereafter used and appropriated as a public Recreation ground for the inhabitants of the City of Wellington”. The size of the town belt continued to decrease over time as allocations of land were made for roading projects and more and more land was opened up leaving us with the 400 hectares that we have today.It is important to outline the purpose of this legislation and what problems we are attempting to solve with it. The core purposes of the bill are first to provide a transparent statutory basis for the council’s trusteeship and management of the town belt on behalf of the inhabitants of Wellington. In addition to the trust deed there are a number of pieces of legislation that in effect govern the town belt including the Reserves Act the Wellington City Exhibition Grounds Act and the Wellington (City) Town Belt Reserves Act. This legislation brings the powers of all those instruments together into one place. The second purpose is to impose on the council responsibilities and powers to protect manage and enhance the town belt.The trust deed continues to be the founding and lasting form of guidance for how the town belt should be managed. However over the last 140-odd years there has been a lack of clarity over core aspects of how the role given to the council under the deed should be interpreted. Clause 8 of this bill provides a clear description of the legal status of the town belt. The key elements of this are that “The Council holds the Wellington Town Belt on behalf of the inhabitants of Wellington as trustee of the trust created by the Town Belt Deed.”Importantly the bill states that the only term of the trust is to for ever use the town belt as a public recreation ground and it also provides a definition of “public recreation ground”. This has been a contentious subject over the years as various parties have sought to have an expansive definition to suit particular projects. This bill defines a “public recreation ground” as “an area provided for—(a) recreation sporting activities and the enjoyment of the public with an emphasis on the retention of public access open spaces and outdoor activities; and (b) the protection of the natural environment and historic heritage.”This purpose also highlights one of the great virtues of having town belt legislation. At this point in time it is not possible to add land to the town belt. It is locked in time as if it were 1873—minus the various bits of land taken by the Crown. This bill gives the ability under Part 3 to add land to the town belt. The immediate effect of passing this legislation will be the addition of more than 120 hectares of land largely what was known as the old Telecom land. Polhill Gully the former chest hospital and Vice Regal Park part of Government House will be added to the town belt. Over time I would like to think that both the land previously taken that is no longer required by the Crown and other green space could be added to the town belt and get the protections that entails.The bill also makes absolutely clear that the council cannot sell exchange or use as security any part of the Wellington town belt. The bill does allow for a series of small one-off technical boundary adjustments where land inside the town belt is already a road or a driveway and should no longer be considered to be formally part of the town belt.The third purpose of this legislation is to recognise the history of the original town belt and its significance to the mana whenua and the inhabitants of Wellington. As I noted earlier placing this within the legislation is an important statement.The legislation has been the subject of long and detailed consultation. Fifty written submissions were received and 20 submitters made oral submissions. A number of changes were made to the legislation along the way and I am sure there will be more suggestions for them during the select committee process. I want to pay tribute to the Friends of the Wellington Town Belt and others who have played a significant role in getting the legislation to this point.In the process of drafting there have been issues and concerns raised. Perhaps the most significant has been around the application of the Public Works Act to the town belt. Over the 140 years of its existence the Crown from time to time has taken land for public purposes—for example the site of Te Aro School. The council has accepted that the Public Works Act will apply to the town belt but this legislation has been drafted so that it would not allow the council to agree to acquisition under the Public Works Act and it sets out the process for objection to and compensation for acquisition. I understand that since the drafting of the bill the council and Land Information New Zealand have had further discussions about these clauses and in submissions to the select committee will propose some agreed changes.Many submissions focused on commercial activities in the town belt. The bill has taken up their suggestions. All business activities will require an authorisation and can be approved only if the activity is temporary and any effect is no more than minor. Essentially this allows for buildings such as changing rooms coaching facilities and coffee carts; it does not allow for new buildings or for cafes or shops within them or even for wacky ideas such as driving ranges and gondolas which have been suggested in the past.The Wellington Town Belt Bill is a significant step in protecting and enhancing one of the things that makes our capital so special. At its heart it is not just about providing green and open space; it is also about whom the city is for. Providing a public recreation ground that cannot be built out and that is held open for all the people of our city is just the kind of inclusive and progressive ideal Wellington is known for. I commend this bill to the House.