Re: Shirley Community Reserve, 10 Shirley Road, Richmond, Christchurch
Reserve Classification & Uses
“Lots 119-124 and 135-138, D.P. 2912, situated in Block XI, Christchurch Survey District.
Area: 9042 square metres, more or less. All certificate of title, No. 283/100, of the Canterbury Registry.”
I have been researching & advocating for a new Community Centre to be built at the Shirley Community Reserve since 2018.
Reserve Info:
– A. “Declaring Land in the Canterbury Land District, Vested in the Canterbury Education Board as a Site for a School, to be Vested in Her Majesty the Queen”
The New Zealand Gazette, Thursday, 1st March 1979
Front Page
https://library.victoria.ac.nz/databases/nzgazettearchive/pubs/gazettes/1979/1979%20ISSUE%20016.pdf
– B. “Classification of Reserve”
The New Zealand Gazette: Thursday, 18th September 1980
Page 14 (left column)
https://www.nzlii.org/nz/other/nz_gazette/1980/110.pdf
– C. “Reservation of Land”
The New Zealand Gazette: Thursday, 18th September 1980
Page 14 (right column)
https://www.nzlii.org/nz/other/nz_gazette/1980/110.pdf
“Pursuant to the Land Act 1948, and to a delegation from the Minister of Lands, the Assistant Director of Land
Administration hereby sets apart the land, described in the Schedule thereto, as a reserve for local purpose (site for a community centre).”
The former Shirley Primary School/Shirley Community Centre (1,500m2, see attached image) was demolished in 2012, due to earthquake damage.
The building was to be ‘replaced’ as part of the Christchurch City Council Community Facilities Rebuild Programme.
Page 2
https://ccc.govt.nz/assets/Documents/The-Rebuild/Community-facilities/CommunityFacilitiesTranche1.pdf
I have a few questions regarding the Reserve’s classification & was wondering if you could answer them for me.
Question 1.
– I understand from my research the Reserve is a ‘Local Purpose’ Reserve?
DOC Response: Yes.
– Does this differ from a ‘Recreational’ Reserve?
DOC Response: Yes.
Local purpose reserves are subject to s23 of the Reserves Act 1977.
While recreation reserves are subject to s17: Reserves Act 1977 No 66 (as at 05 April 2025), Public Act Contents – New Zealand Legislation.
Question 2.
– According to the Reserves Act 1977, can the Christchurch City Council ‘delegate authority’ to a Community Board, to make decisions regarding the Reserve?
2.a. 12. Proposed Shirley Community Centre Rebuild
Request for Delegated Authority
The Board wishes to proceed with this project and suggests that a process similar to that put in place by the Council for the rebuild of the St Albans Community Centre [not on a Reserve] be followed.
Accordingly the Board requests that delegated authority for decision-making around the Shirley Community Centre [on a Reserve] project be given by the Council, including the delegation of authority to make decisions from the recommendations of the Working Party and from staff for the siting, design and rebuild process and future management of the facility.
Page 91-92
https://christchurch.infocouncil.biz/Open/2016/09/CNCL_20160908_AGN_480_AT.PDF
2.b. 12. Proposed Shirley Community Centre Rebuild
Request for Delegated Authority
Council Resolved CNCL/2016/00368
That the Council:
1. Delegates the necessary authority (as per the St Albans Community facility) to the Shirley/Papanui Community Board (to be the Papanui/Innes Community Board in the next term) for decisions regarding the rebuild and future management of the Shirley Community Centre at either 10 Shirley Road or any other selected site.
2. Request that the Community Board talk with staff around potential options for a regeneration plan in this area under the Greater Christchurch Regeneration Act 2016.
Page 5
https://christchurch.infocouncil.biz/Open/2016/09/CNCL_20160908_MIN_480.PDF
DOC Response: I am not sure what you mean by ‘delegate authority’.
The Minister of Conservation has delegated certain powers under the Reserves Act to local authorities and Councils can make many decisions themselves over vested reserves.
If the community board you refer to is part of the Council, then they can undertake any of these delegated actions.
Question 3.
– What are the ‘Legal Implications’ for this Reserve?
– Is this information below, still correct in 2025?
3.a. Item 9. Shirley Community Facility Rebuild
Page 27
https://christchurch.infocouncil.biz/Open/2015/08/SPCB_19082015_AGN.PDF
“Legal Implications:
9.9. The land at 10 Shirley Rd is classified as reserve, vested in the Council by the Crown to be held “in trust for local purpose (site for a community centre)”.
That means the land could not be used for any other purpose than a community centre unless and until the reserve classification is changed.
This involves a process set out in the Reserves Act 1977, providing for notification and objections by the public.
It also appears the land could not simply sit “vacant” with the reserve status unchanged, as that would also be inconsistent with the reserve purpose.”
DOC Response: Yes correct.
Question 4.
– At the Waipapa Papanui-Innes-Central Community Board meeting on the 13th June 2024, the Board made the decision below:
4.a. 9. Shirley Community Reserve: Proposed Community Facility
Page 5-6
https://christchurch.infocouncil.biz/Open/2024/06/PCBCC_20240613_MIN_9127_AT.PDF
“That the Waipapa Papanui-Innes-Central Community Board:
1. Request that staff initiate the process to design an ‘on budget community building’ on Shirley Community Reserve that will enable a mixed use of the Reserve and support recreation, play and social connections.”
4.b. “The development of outdoor recreation and play elements will receive further consideration in the future as opportunities arise to integrate the plans for a community building with the balance of the reserve being available to be enjoyed as a park.”
https://letstalk.ccc.govt.nz/waipapa-papanui-innes-central-community-board/agreed-vision-shirley-community-reserve
– Is a “mixed use of the Reserve”, an appropriate use of the Reserve considering its classification?
DOC Response: you will see in s16 of the Reserves Act that the classification reflects the primary purpose of the reserve, but that does not prevent other compatible activities occurring there.
It is also possible to classify part of a reserve for one purpose and the other part or parts of the same reserve for any other purpose, but that would require a survey to define the separate parts.
Question 5.
Today I received the attached Landscape Plans for the Reserve, in response to my LGOIMA request to the Christchurch City Council.
[https://www.10shirleyroad.org.nz/wp-content/uploads/2026/03/LGOIMA1467939-Shirley-Community-Park-Plan.pdf]
The proposed new ‘Community Centre’ building (red square in the .pdf) is currently being designed to be less than 300m2, a 1/5th of the former Community Centre building.
At the Board meeting, it was mentioned that “this is just a building in a park”.
– Do these plans align with the Reserve’s purpose for a Community Centre?
– I assumed the focus of this Reserve was for a ‘Community Centre’, otherwise wouldn’t this site have been called Shirley Reserve?
DOC Response: Yes the primary purpose as stated in the classification Gazette is a site for a community centre.
It is up to the Council as the administering body to determine how much of the reserve is required for the building.
The ‘primary’ purpose is generally the main use of the reserve rather than determined by the size of the area an activity takes place on.
The reference to a survey plan was that if a decision was made to classify part of the reserve as ‘recreation’ and the remainder ‘local purpose (community centre)’ then a survey would be needed to define the areas so that the appropriate Gazette notice of the new classifications could be published.
It is unlikely that this will be considered worth the expense.