New Zealand Parliamentary Debate

Gisborne DC (Alfred Cox Park) Validation Bill [4439]

replacement with the visitor information centre. The council had consulted with the two current users of the reserve and also with members of the family of Alfred Cox. Two differing legal opinions were obtained, and the solicitors for Tourism Eastland, which operates the visitor information centre, felt that the centre actually met the description in the deed of trust, which refers to buildings for the entertainment, convenience, or amusement of the public, or other buildings of a civic nature. It is good to be able to support some of the future visions of the area, of the council, and of Tourism Eastland, and to have these legal matters settled so that they can move on into the future with some confidence.

The council outlined in its submission the considerable efforts it had made, quite unsuccessfully, to relocate the flea market and referred to the petition to the council from 72 signatories who supported the continued existence of the flea market. That was followed by a petition from the local people in the neighbourhood who were concerned about the undesirable effects of a flea market. However, anybody who attends the flea market knows that it is extremely well attended and that many, many Gisborne citizens go there on a regular basis to purchase fruit and vegetables.

There were a number of other submissions, including one from a Dr Helen Papuni, who supported the intent of the bill and supported the use of the land by the flea market as a tourist attraction. We all know that when one visits any area in New Zealand the flea markets are a particular highlight for many visitors and locals alike. They are a wonderful source of some great produce and showcase some of the excellent wares that the locals have to offer. I think the flea markets are a wonderful opportunity to have that experience, and I know that many visitors and locals do appreciate that opportunity.

The select committee made a couple of changes to the bill on advice from officials. The reasoning was that in order to validate the use of the park by the visitor information centre, as well as the flea market, the bill needed to apply to the Reserves Act in general and in whole, not just, as the council had suggested, to the specific part that related just to the flea market. In fact, the Department of Internal Affairs had suggested that it was unclear whether the bill, as drafted originally, would actually validate the presence of the visitor information centre. In addition, the officials suggested a change to clause 5 to allow validated users to flow through to the provisions dealing with leases and licences in the future. That is a really positive way of making sure that the council, Tourism Eastland, and the community can actually plan for the future in regard to this area. I think that is a very, very positive outcome for everybody involved.

The Gisborne District Council representatives did not agree with those suggestions of the parliamentary officials. They did say that in their opinion the fundamental objective of the amending legislation was to validate use, not to provide a designation, and they felt that the officials were focusing on the designation of the reserve and that they failed to appreciate the action in 1998 of redesignating a part of the reserve as a local purpose reserve. However, it did become very complicated. The important thing, though, is that the select committee has followed the advice of the officials. The Gisborne District Council did feel that, overall, it wanted the bill to proceed in order to put the validation process in place and to put an end to what has been a rather lengthy process through the House.

National is happy to support this bill and delighted to see that our member Anne Tolley has served her community so well. We applaud her for all the efforts that she has made to support her council, Tourism Eastland, and the community of Gisborne.

MOANA MACKEY( Labour):

I am happy to speak on the third reading of this local bill in regard to Alfred Cox Park and the Gisborne District Council's intentions to make legal the activities that occur there.