Parker David: Waitaki District Council Reserves and Other Land Empowering Bill — First Reading 
Text is incorporated into the Bound Volume 
Parker David: Waitaki District Council Reserves and Other Land Empowering Bill — First Reading 
[Sitting date: 13 June 2012. Volume:680;Page:2944. Text is incorporated into the Bound Volume.] 
Hon DAVID PARKER (Labour) 
: 
 Far from this legislation the Waitaki District Council Reserves and Other Land Empowering Bill being progressed quickly I think the member for Waitaki has been in that role for 7 years—she beat me congratulations—and this issue has been outstanding since then. Indeed I was the Minister for Land Information after Jacqui knocked me off my perch and this issue was raised with me in respect of Forrester Heights. I was embarrassed that it took 2 years for me to get it into legislation because it was incumbent upon me as the Minister for Land Information to check that the council was right that this was endowment land that could be used for whatever financial purpose the council wanted rather than reserve land. So I as is the proper thing got the Department of Conservation to check—twice in fact—as to whether this was properly endowment land rather than reserve land. If it was given for reserve purposes then it cannot just be changed at the whim of the council and put to some other purpose. After 2 years I did get it in the Reserves and Other Lands Disposal Bill which has been languishing on the Order Paper under this Government for 4 years.  
 Far from this not being solvable in respect of Forrester Heights—and I know that Jacqui Dean on the other side has the decency to smile because we both sat on the Government Administration Committee that looked at the Reserves and Other Lands Disposal Bill which is still on the Order Paper but has never been advanced in the last 4 years by the Government. Far from the member for Waitaki having exerted vast influence on this it is belatedly coming to us.  
The issue here is whether it is properly endowment land rather than reserve land. If it is endowment land then it is fine for the council to sell it; it is the council’s choice. Whether individual members of this House might agree or otherwise the council is devolved with responsibility for that decision at a local government level. It wants to sell it to help defray the costs of its opera house. It is a very nice piece of reserve land that sits above the historic precinct and looks out over the Oamaru harbour.  
If it is properly reserve land rather than endowment land then it ought not to be sold. I understand that that is still a matter of controversy notwithstanding the Department of Conservation’s investigations at the time. I am told that someone has now uncovered a letter from Parliament—this Parliament—many many years ago when there was an early proposal by the council to sell this land. Parliament wrote to the council and said: “I’m sorry you can’t do that. It is reserve land intended to be reserve land rather than endowment land.” I have not seen the letter. I am told it exists. If it exists it should come out at the Local Government and Environment Committee. If it comes out at the select committee this legislation probably ought not to proceed. If on the other hand that evidence is not available at the select committee and we have the other evidence—that is the Department of Conservation inquiry into the history of this which suggested that it was endowment land as originally intended rather than reserve land way back when—then the councillor and the member are correct. This ought to go to the select committee. That is the question that is at large and I look forward to the consideration of it.  
The other issue in respect of the Palmerston Showgrounds is by comparison less significant. I do not know that there is any controversy surrounding that.  
But in respect of this reserve land the second thing I would say needs to be checked at the select committee is I know there are local concerns that the reclassification of land will extend beyond the Forrester Heights block that is intended for subdivision and will extend to some of the other land that goes beyond that towards the seawards side over towards the old gun emplacements and things. I do not think it is in dispute that that is reserved reserve land rather than endowment land. There is some suspicion amongst some of the people around Oamaru that through this process that land will be reclassified too. I do not think that is a valid concern but I think that those concerns should be assuaged at the select committee by people having the ability to participate in an open process. The big issue is whether this is reserve or endowment land and there is still uncertainty around that point.