Urban Development and Transport Committee

Agenda

 

 

Notice of Meeting:

An ordinary meeting of the Urban Development and Transport Committee will be held on:

 

Date:                                               Wednesday 2 March 2022

Time:                                               9.30am

Venue:                                            Council Chambers, Civic Offices,
53 Hereford Street, Christchurch

Under the current provisions of the Covid-19 Protection Framework (traffic lights) people holding a current vaccine pass may attend the meeting in person. The meeting will be broadcast live: http://councillive.ccc.govt.nz/live-stream

 

 

Membership

Chairperson

Deputy Chairperson

Members

Councillor Mike Davidson

Councillor Tim Scandrett

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Jimmy Chen

Councillor Catherine Chu

Councillor Melanie Coker

Councillor Pauline Cotter

Councillor Celeste Donovan

Councillor Anne Galloway

Councillor James Gough

Councillor Yani Johanson

Councillor Aaron Keown

Councillor Sam MacDonald

Councillor Jake McLellan

Councillor Phil Mauger

Councillor Sara Templeton

 

 

25 February 2022

 

 

 

Principal Advisor

Jane Davis

General Manager Infrastructure, Planning & Regulatory Services

Tel: 941 8884

 

 

Simone Gordon

Committee and Hearings Advisor

941 6527

Simone.gordon@ccc.govt.nz

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.
To view copies of Agendas and Minutes, visit:
https://www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/


Urban Development and Transport Committee

02 March 2022

 

Urban development and transport committee of the Whole - Terms of Reference Ngā Ārahina Mahinga

 

 

Chair

Councillor Davidson

Deputy Chair

Councillor Scandrett

Membership

The Mayor and All Councillors

Quorum

Half of the members if the number of members (including vacancies) is even, or a majority of members if the number of members (including vacancies) is odd.

Meeting Cycle

Monthly

Reports To

Council

 

Delegations

The Council delegates to the Urban Development and Transport Committee authority to:

·        Monitor and make decisions regarding the Council’s Roads, footpaths and streetscapes in accordance with the Council’s Long Term Plan.

·        Monitor and make decisions on the Council’s Transport functions including road operations, parking, public transport, cycle ways, harbours and marine structures in accordance with the Council’s Long Term Plan.

·        Make all decisions in connection with the Major Cycleway Routes programme, including final route selections and anything precedent to the exercise by the Council of its power to acquire any property, subject to:

a.        The Committee and affected Community Boards being briefed prior to any public consultation commencing on any Major Cycleway Route project.

·        Make all decision in connection with the Lincoln Road (Wrights to Curletts) Project.

·        Make decisions regarding the District Plan.

·        Monitor the Council’s regulatory and compliance functions

·        Monitor the Council’s regulatory and compliance functions under:

o   Resource Management Act 1991 and related legislation

o   Building Act 2004 and the New Zealand Building Code

o   Dog Control Act 1996

o   Sale and Supply of Alcohol Act 2012

o   Local Government Act 1974 and Local Government Act 2002

o   District Plan

o   Bylaws

o   Other regulatory matters

(For the avoidance of doubt, these powers relate specifically to the Council’s regulatory and compliance functions. The Council retains its authority on matters relating to the Resource Management Act reform.)

·        Approve the Council’s list of hearings commissioners under the Resource Management Act 1991.

Bylaws

The Council delegates to the Committee authority to:

·        Oversee the development of new bylaws within the Committee’s terms of reference, up to and including adopting draft bylaws for consultation.

·        Oversee the review of the following bylaws, up to and including adopting draft bylaws for consultation.

o   Cruising and Prohibited Times on Roads Bylaw 2014

o   Marine, River and Lake Facilities Bylaw 2017

o   Stock on Roads Bylaw 2017

o   Traffic and Parking Bylaw 2017

Submissions

·        The Council delegates to the Committee authority:

·        To consider and approve draft submissions on behalf of the Council on topics within its terms of reference. Where the timing of a consultation does not allow for consideration of a draft submission by the Council or relevant Committee, that the draft submission can be considered and approved on behalf of the Council.

District Plan Appeals

The Committee is authorised to:

·        Consider and resolve any consent orders requested in respect of any proceedings before the Environment Court regarding any appeal on the Christchurch District Plan.

·        Authorise counsel and Council witnesses to call evidence in support of a compromise position or positions in the alternative for the purpose of endeavouring to agree with the parties in terms of a consent order in respect of any proceedings before the Environment Court arising out of the Council’s decisions on the Christchurch District Plan.

·        Authorise any one or more officers holding the positions listed below to participate in a mediation of any proceeding before the Environment Court arising out of the First Schedule to the Resource Management Act 1991.

o   This authority shall include the power to commit the Council to a binding agreement to resolve the proceeding, provided it does not require any Council expenditure not authorised by a Council delegation. Part D - Sub-Part 1 – Community Boards 159 Delegation Date Amended

o   Any authority given under this delegation shall be on such terms and conditions as the Committee considers appropriate.

Authorised positions:

§  Head of Legal

§  Associate General Counsel

§  Corporate Counsel

§  Head of Planning and Strategic Transport

§  Team Leader City Planning

§  Principal Advisors, Planning

§  The exercise of such delegated powers shall be reported to the Council on a six-monthly basis

·        Authorise any two or more officers who, for the time being, hold any of the following positions to jointly consider, and resolve by consent order, any appeal to the Environment Court against a decision of Council on submissions to the Christchurch District Plan, where the appeal relates to an alteration of minor effect or the correction of a minor error.   

Authorised positions:

o   Head of Legal

o   Associate General Counsel

o   Corporate Counsel

o   Head of Planning and Strategic Transport

o   Team Leader City Planning

o   Principal Advisors, Planning

·             Make decisions, on behalf of the Council, in relation to any High Court proceedings arising out of decisions by the Environment Court on the Christchurch District Plan provided such decisions are consistent with professional advice.

Limitations

·             This Committee does not have the authority to set project budgets, identify preferred suppliers or award contracts. These powers remain with the Finance and Performance Committee.

·             The general delegations to this Committee exclude any specific decision-making powers that are delegated to a Community Board, another Committee of Council or Joint Committee. Delegations to staff are set out in the delegations register.

·             The Council retains the authority to adopt policies, strategies and bylaws.

·             The Council retains its authority on matters relating to the Resource Management Act reform.

The following matters are prohibited from being subdelegated in accordance with LGA 2002 Schedule 7 Clause 32(1) :

·             the power to make a rate; or

·             the power to make a bylaw; or

·             the power to borrow money, or purchase or dispose of assets, other than in accordance with the long-term plan; or

·             the power to adopt a long-term plan, annual plan, or annual report; or

·             the power to appoint a chief executive; or

·             the power to adopt policies required to be adopted and consulted on under this Act in association with the long-term plan or developed for the purpose of the local governance statement; or

·             the power to adopt a remuneration and employment policy.

Chairperson may refer urgent matters to the Council

As may be necessary from time to time, the Committee Chairperson is authorised to refer urgent matters to the Council for decision, where this Committee would ordinarily have considered the matter. In order to exercise this authority:

·             The Committee Advisor must inform the Chairperson in writing the reasons why the referral is necessary

·             The Chairperson must then respond to the Committee Advisor in writing with their decision.

If the Chairperson agrees to refer the report to the Council, the Council may then assume decision making authority for that specific report.

 

 


Urban Development and Transport Committee

02 March 2022

 

Part A           Matters Requiring a Council Decision

Part B          Reports for Information

Part C          Decisions Under Delegation

 

 

TABLE OF CONTENTS

 

Karakia Tīmatanga........................................................................................ 7 

C         1.        Apologies Ngā Whakapāha............................................................. 7

B         2.        Declarations of Interest Ngā Whakapuaki Aronga............................. 7

C         3.        Confirmation of Previous Minutes Te Whakaāe o te hui o mua........... 7

B         4.        Public Forum Te Huinga Whānui..................................................... 7

B         5.        Deputations by Appointment Ngā Huinga Whakaritenga.................. 7

B         6.        Presentation of Petitions Ngā Pākikitanga...................................... 7

Staff Reports

B         7.        Central City Biannual Report July - December 2021................ 15

C         8.        Plan Change 8 - Papakāinga/Kāinga Nohoanga Zone - Final Approval............................................................................. 33  

Karakia Whakamutunga

 


Urban Development and Transport Committee

02 March 2022

 

 

Karakia Tīmatanga

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.   Confirmation of Previous Minutes Te Whakaāe o te hui o mua

That the minutes of the Urban Development and Transport Committee meeting held on Thursday, 3 February 2022  be confirmed (refer page 8).

4.   Public Forum Te Huinga Whānui

A period of up to 30 minutes will be available for people to speak for up to five minutes on any issue that is not the subject of a separate hearings process.

 

There were no public forum requests received at the time the agenda was prepared

5.   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.

 

There were no deputations by appointment at the time the agenda was prepared.

6.   Presentation of Petitions Ngā Pākikitanga

There were no petitions received at the time the agenda was prepared.


Urban Development and Transport Committee

02 March 2022

Unconfirmed

 

 

Urban Development and Transport Committee

Open Minutes

 

 

Date:                                    Thursday 3 February 2022

Time:                                    9.31am

Venue:                                 Council Chambers, Civic Offices,
53 Hereford Street, Christchurch

 

 

Present

Chairperson

Deputy Chairperson

Members

Councillor Mike Davidson

Councillor Tim Scandrett

Mayor Lianne Dalziel

Deputy Mayor Andrew Turner

Councillor Jimmy Chen

Councillor Catherine Chu – via audio/visual link

Councillor Melanie Coker

Councillor Pauline Cotter

Councillor Celeste Donovan

Councillor Anne Galloway – via audio/visual link

Councillor James Gough – via audio/visual link

Councillor Yani Johanson – via audio/visual link

Councillor Aaron Keown

Councillor Sam MacDonald – via audio/visual link

Councillor Jake McLellan

Councillor Phil Mauger

Councillor Sara Templeton

 

 

 

 

 

 

 

Principal Advisor

Jane Davis

General Manager Infrastructure, Planning & Regulatory Services

Tel: 941 8884

 

Nathaniel Heslop

Committee and Hearings Advisor

941 6444

nathaniel.heslop@ccc.govt.nz

www.ccc.govt.nz

To view copies of Agendas and Minutes, visit:
www.ccc.govt.nz/the-council/meetings-agendas-and-minutes/

 


Part A           Matters Requiring a Council Decision

Part B          Reports for Information

Part C          Decisions Under Delegation

 

 

Karakia Tīmatanga: Given by Councillor Templeton.  

 

The agenda was dealt with in the following order.

1.   Apologies Ngā Whakapāha

Part C

Committee Resolved UDATC/2022/00001

That the apologies received from the Mayor for early departure and Councillors Chu and Gough for lateness be accepted.

Councillor Cotter/Councillor Davidson                                                                               Carried

 

2.   Declarations of Interest Ngā Whakapuaki Aronga

Part B

 

Councillor Johanson declared an interest in Item 9.

Councillor Templeton declared an interest in staff recommendation 1f of Item 9.

3.   Confirmation of Previous Minutes Te Whakaāe o te hui o mua

Part C

Committee Resolved UDATC/2022/00002

That the minutes of the Urban Development and Transport Committee meeting held on Thursday, 2 December 2021 be confirmed.

Councillor McLellan/Councillor Templeton                                                                      Carried

 

4.   Public Forum Te Huinga Whānui

Part B

There were no public forum presentations.

5.   Deputations by Appointment Ngā Huinga Whakaritenga

Part B

There were no deputations by appointment.

6.   Presentation of Petitions Ngā Pākikitanga

Part B

There was no presentation of petitions.

 

7.   Central City Parking Restrictions Subcommittee Minutes - 2 December 2021

 

Committee Resolved Officer Recommendation without change UDATC/2022/00003

That the Urban Development and Transport Committee receives the Minutes from the Central City Parking Restrictions Subcommittee meeting held 2 December 2021.

Councillor Davidson/Councillor McLellan                                                                           Carried

 

Mayor Dalziel joined the meeting at 9.35am during consideration of Item 8.

Councillor Gough joined the meeting via audio/visual at 9.38am during consideration of Item 8.

 

8.   National Policy Statement on Urban Development (NPS-UD) - 2022 Work Programme

 

Committee Resolved Officer Recommendation without change UDATC/2022/00004

Part C

That the Urban Development and Transport Committee:

1.         Endorses the work programme and proposed timeline to give effect to the National Policy Statement on Urban Development (NPS-UD) by the 20 August 2022 deadline.    

Councillor Templeton/Councillor Scandrett                                                                      Carried

 

 

9.   Hearings Panel report on the Te Ara O-Rakipaoa Nor’west Arc Cycleway - Section 3

 

Committee Resolved Officer Recommendation without change UDATC/2022/00005

Part C

That the Urban Development and Transport Committee:

1.         Approves the revised scheme design of the Major Cycleway Route Nor’West Arc Section 3, as detailed in Attachment A, including changes to the Wairakei Road/ Aorangi Road intersection, and including the following amendments:

Section 1 – Ilam Road from University of Canterbury up to Jellie Park

a.        That this section be a one-way cycleway (Option A).

b.        Request for staff to endeavour to retain the tree outside of the Ilam Medical centre or relocate it to another site.

Section 2 – Shared path on Ilam Road from Jellie Park up to Aorangi Road

c.         Request for staff to investigate widening the shared path as much as possible without removing trees.

Section 3 – Aorangi Road from Ilam Road up to Brookside Terrace

d.        That this section be a two-way cycleway (Option A).

e.        Request for staff to investigate additional parking on the Aorangi Road corner by Clyde Road.

f.         Section 4 – Two-way cycleway on Aorangi Road, Condell Avenue and Matsons Avenue from Brookside Terrace to Harewood Road

Wairakei/Aorangi Intersection safety improvement

g.        Request for staff to work with the owner of 171 Wairakei Road in respect of the driveway to optimise safety for all users.

h.        Request for staff to design the appropriate connections from the Major Cycleway Route facility to the cycle lanes on Wairakei Road.

i.          Notes that staff will improve definition of parking spaces adjacent to the driveways of 188, 167a and 167b Wairakei Road.  

j.          Request for staff to monitor the Wairakei/Ilam Road and Wairakei/Blighs Road intersections for changes in traffic patterns and safety concerns and report back to the relevant Community Boards.

Other

k.         Request for staff to monitor and report back on the impact of the completed cycleway on on-street parking to the relevant Community Boards. The report is to be presented between six and twelve months after construction completion.

l.          Request for staff to consult on P120 time restricted parking spaces on Tuirau Place and associated cul-de-sacs.

m.       Notes that staff will arrange an open-day prior to construction start where they will take residents through the proposed planting, trees, changes and construction implications.

2.         Approves change of speed to 40km/h along the route and associated cul-de-sac streets.

a.        Notes that this speed limit change will complement area-wide considerations for lower speed limits which will be consulted on separately by the relevant Community Board with the aim to implement concurrently.

3.         Approves time restricted parking, as detailed in Attachment A.

4.         Approves tree removal, as detailed in Attachment A.

a.        Notes that two additional trees may need to be removed outside 171 Wairakei Road and 315 Clyde Road depending on the detailed design and consultation with affected parties.

b.        Notes that there will be an overall increase of trees along the route.

5.         Notes that the detailed traffic resolutions required for the implementation of the project are brought back to the Committee for approval at the end of the detailed design phase, prior to the beginning of construction.

Councillor Coker/Councillor Cotter]

The division was declared carried by 11 votes to 4 votes the voting being as follows:

For:                         Councillor Davidson, Councillor Scandrett, Mayor Dalziel, Deputy Mayor Turner, Councillor Chen, Councillor Coker, Councillor Cotter, Councillor Donovan, Councillor Galloway, Councillor McLellan and Councillor Templeton

Against:                Councillor Gough, Councillor Keown, Councillor MacDonald and Councillor Mauger             Carried

Councillor Templeton declared an interest and took no part in the discussion or vote on recommendation 1f in Item 9.

Councillor Yohanson declared an interest and took no part in the discussion or vote on Item 9. 

 

 

Councillor Scandrett assumed the Chair for consideration of Items 10 to 12.

 

10. Regulatory Services - Building Consenting Unit Report - October, November and December 2021

 

Committee Resolved Officer Recommendation without change UDATC/2022/00006

Part C

That the Urban Development and Transport Committee:

1.         Receive the information in the Regulatory Services Building Consenting Update Report – October – December 2021.

Councillor Templeton/Councillor Chen                                                                               Carried

 

 

Councillor Gough left the meeting at 11.04am during consideration of Item 11 and did not return.

 

11. Regulatory Compliance Unit update

 

Committee Resolved Officer Recommendation without change UDATC/2022/00007

Part C

That the Urban Development and Transport Committee:

1.         Receive the information in the Regulatory Compliance Unit Update Report

Councillor Scandrett/Councillor Cotter                                                                               Carried

 

 

12. Planning and Consents Report - October to December 2021

 

Committee Resolved Officer Recommendation without change UDATC/2022/00008

Part C

That the Urban Development and Transport Committee:

1.         Receive the information in the Planning and Consents Report – October to December 2021.

Councillor Templeton/Councillor Davidson                                                                       Carried

 

 

 

 

Karakia Whakamutunga: Given by Councillor Templeton. 

 

Meeting concluded at 11.23am.

 

CONFIRMED THIS 3rd DAY OF MARCH 2022

 

 

Councillor Mike Davidson

Chairperson


Urban Development and Transport Committee

02 March 2022

 

 

7.     Central City Biannual Report July - December 2021

Reference / Te Tohutoro:

21/1584844

Presenter(s) / Te kaipāhō:

Laura Quaid, Planner Urban Regeneration
John Meeker, Principal Planner Urban Regeneration

 

 

1.   Purpose of Report / Te Pūtake Pūrongo

1.1      The purpose of this report is to update the Urban Development and Transport Committee about City Council funded regeneration activity within the Central City between July and December 2021. 

1.2      This report does not include development matters led by ChristchurchNZ, as this work is reported separately in their quarterly reports.  Progress on transport projects / An Accessible City is also reported separately.

2.   Executive Summary / Te Whakarāpopoto Matua

2.1      This report is for ‘information only’ purposes and is relevant for the period between July and December 2021. Key progress for projects within the Central City is outlined in paragraphs 4.1 to 4.13 below. Highlights (including graphs and photographs) are set out in Attachment A.  

3.   Staff Recommendations / Ngā Tūtohu

That the Urban Development and Transport Committee:

1.         Receive this biannual update report on Central City regeneration activities and projects.

4.   Context / Background / Te Horopaki

4.1      Reflecting the key themes of the Central City Action Plan, highlights from the six month period have been grouped under five categories: City Leadership, Amenity & Activation, Growth, People and Getting it Done.

City Leadership:  Progress towards our Outcomes

4.2      The opening of Te Pae in December 2021 is a significant milestone in the Central City’s regeneration. A number of large events were scheduled for 2022 and those which can still go ahead will increase visitors coming into the Central City.

4.3      Across all of the Central City’s headline metrics, many of which are contained within Attachment A, there is good progress.  However, COVID-19 has impacted on spending and pedestrian activity.

Amenity and Activation

4.4      Vacant Sites Programme:  There was a net decrease of 3.9 hectares of vacant land since January 2020. This is the largest single year reduction since 2016. 

4.5      Barrier Sites: Two sites at 249 Gloucester Street and 216 Madras Street have been removed from the barrier sites programme. There are currently 19 barrier sites remaining, 8 of which have lodged or approved consents.

4.6      Enliven Places Programme: The Enliven Places programme supported Christmas activations, delivered two vacant site activations and maintained existing projects during this reporting period.

 

4.7      Grants and Funds: The Enliven Places Project Fund ended in June 2021. However, a number of previously funded projects were delivered during the reporting period including a mural on New Regent Street and the Green Lane Markets. In August 2021 the Sustainability and Community Resilience Committee resolved a three-year Place Partnership fund pilot.

4.8      Grant funding for city-making partners: Gap Filler established a three year Urban Play programme, The Green Lab created two co-working and event spaces ‘Understorey’ in under-utilised Central City spaces and Life in Vacant Spaces supported over 130 projects into spaces and 11,000 days of activation.

4.9      The Central City Business Association (CCBA) adopted their new strategic plan in October 2021.  Key progress between July and December includes advocating for good outcomes in the Central City, maintaining good partnerships and running a mid-winter festival during July.

People

4.10    Project 8011: Latest population estimates show a 12% increase in the Central City population from 2020. Promotional and neighbourhood-building projects are underway to continue to support growth in the city.

4.11    Events: Within the July -December period a large number of major and community events were held in the Central City including, Tīrama Mai (a lighting festival in celebration of Matariki) and the Go Live Festival, a music showcase held in the Town Hall.

4.12    Marketing and Promotions: The summer events guide has promoted a range of events happening in the Central City during summer and includes travel information on how to best get into the city.

Getting It Done

4.13    A new section of the South Frame’s Greenway between Colombo and Manchester is now open and preliminary designs for the Canterbury Arena / Te Kaha have been released.

 

Attachments / Ngā Tāpirihanga

No.

Title

Page

a

PDF - Central City Biannual Attachment - July - December 2021

18

 

 

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

Authors

Laura Quaid - Planner Urban Regeneration

John Meeker - Principal Advisor Urban Regeneration

Approved By

Carolyn Bonis - Team Leader Urban Regeneration

Jane Davis - General Manager Infrastructure, Planning & Regulatory Services

  


Urban Development and Transport Committee

02 March 2022

 















Urban Development and Transport Committee

02 March 2022

 

 

8.     Plan Change 8 - Papakāinga/Kāinga Nohoanga Zone - Final Approval

Reference Te Tohutoro:

22/43612

Report of Te Pou Matua:

Glenda Dixon, Senior Policy Planner (Glenda.Dixon@ccc.govt.nz)

General Manager Pouwhakarae:

Jane Davis, General Manager Infrastructure, Planning and Regulatory Services (Jane.Davis@ccc.govt.nz)

 

 

1.   Purpose of the Report Te Pūtake Pūrongo

1.1      This report seeks the approval of the Urban Development and Transport Committee to make operative changes to the District Plan contained in its decision on Plan Change 8, as no appeals have been received.

1.2      The decision in this report is of medium significance in relation to the Christchurch City Council’s Significance and Engagement Policy.  The level of significance was determined by the number of affected parties, the level of impact on those affected, and the level of impact on Māori, Māori culture and traditions.

 

2.   Officer Recommendations Ngā Tūtohu

That the Urban Development and Transport Committee:

1.    Approve, pursuant to Clause 17(2) of Schedule 1 to the Resource Management Act 1991, the changes to the District Plan introduced by its decision on Plan Change 8- Papakāinga/Kāinga Nohoanga zone – Rule Amendments, to become operative on 14 March 2022.

 

3.   Reason for Report Recommendations Ngā Take mō te Whakatau

3.1      Plan Change 8:

a.        Revises the internal boundary setback, road setback, coverage and earthworks rules for Māori land in the Papakāinga/Kāinga Nohoanga zone to better facilitate use and development of that land without resource consent, and

b.        Extends the definition of Māori land which applies within the Papakāinga/Kāinga Nohoanga zone to include some general land owned by Māori which is not formally "Māori land" under the Te Ture Whenua Māori Act 1993 (TTWMA). This has the effect of bringing more land owned by Māori under the Māori land rules.

3.2      The changes are necessary given the current provisions of the zone, including the built form provisions and the use of the formal (narrow) definition of Māori land under the TTWMA in the District Plan definition of Māori land, are not as effective as they should be in achieving the objectives of the zone and District Plan, higher order documents such as the Regional Policy Statement, and the Resource Management Act 1991 (RMA). Section 6 of the RMA states that the relationship of Māori and their culture and traditions with their ancestral lands, water, sites, wahi tapu, and other taonga, is a matter of national importance in resource management.

3.3      Once Council has made a decision on a Plan change and no appeals have been received, making the Plan change operative is simply a procedural step.

 

4.   Detail Te Whakamahuki

4.1      The plan change was publicly notified on 14 April 2021, with submissions and further submissions closing on 13 May 2021 and 17 June 2021 respectively. Eight submissions were received but no further submissions. Six of the eight submissions expressed their support for all aspects of the plan change.

4.2      Two other submissions, one by a landowner of general land within the zone and the other by a landowner adjoining the zone, supported the Plan change in part, but sought amendments.

4.3      A hearing was held on 4 October 2021.

4.4      The Commissioner’s recommendation was that the Plan change be adopted as notified, subject to minor amendments to the expanded definition of Māori land to clarify that any one of the six categories or subcategories could apply to bring the land within the definition.

4.5      Council made a decision to adopt the Commissioner’s recommendation as its decision on 2 December 2021. The appeal period on this decision has now lapsed and no appeals have been received.

5.   Policy Framework Implications Ngā Hīraunga ā- Kaupapa

Strategic Alignment Te Rautaki Tīaroaro

5.1      This report supports the Council's Long Term Plan (2021 - 2031):

5.1.1   Activity: Strategic Planning, Future Development and Regeneration

·     Level of Service: 9.5.1.1 Guidance on where and how the city grows through the District Plan. - Maintain operative District Plan, including monitoring outcomes to inform changes, and giving effect to national and regional policy statements

Policy Consistency Te Whai Kaupapa

5.2      The decision is consistent with Council’s Plans and Policies, and is aligned with the recently adopted Papakāinga/Kāinga Nohoanga Development Contributions Rebate Scheme Criteria .

Impact on Mana Whenua Ngā Whai Take Mana Whenua

5.3      The decision does involve a significant decision in relation to ancestral land.  Council staff worked closely with Mahaanui Kurataiao Ltd (MKT) at all stages of the development of the Plan change. MKT held hui with Rūnanga and obtained views and feedback which helped shape the plan change, and all of the four affected rūnanga submitted in support of the Plan change.  They were of the view that it will better facilitate Ngāi Tahu Mana Whenua use and development of ancestral land in the Papakāinga/Nohoanga zone than the status quo provisions.

Climate Change Impact Considerations Ngā Whai Whakaaro mā te Āhuarangi

5.4      This decision does not have a significant impact on climate change.

Accessibility Considerations Ngā Whai Whakaaro mā te Hunga Hauā

5.5      This decision has no impact on accessibility.

6.   Resource Implications Ngā Hīraunga Rauemi

Capex/Opex Ngā Utu Whakahaere

6.1      The costs of staff time on Plan Change 8 have been assumed in the budgets of the Planning and Consents Unit as part of the Annual Plan and Long Term Plan.

6.2      No ongoing costs have been identified.

7.   Legal Implications Ngā Hīraunga ā-Ture

Statutory power to undertake proposals in the report Te Manatū Whakahaere Kaupapa

7.1      The recommendation in this report is for the Committee to take the procedural step to make Plan Change 8 operative. The Resource Management Act 1991 requires that, following the end of the appeal period and the resolution of any appeals, a local authority must formally approve the changes to the plan under clause 17 of Schedule 1 before the plan change becomes operative on a date that is nominated in a public notice. Approving changes to the District Plan so that they can be made operative is one of the functions that cannot be delegated to staff under the RMA.

7.2      There is no legal risk in proceeding with this decision in the absence of any appeals.

8.   Risk Management Implications Ngā Hīraunga Tūraru

8.1      Council is statutorily required to have an operative District Plan at all times. Issues have been identified with the District Plan which will be addressed through this Plan change. Therefore, the risk of not acting is considered greater than the risk of acting.

 

 

Attachments Ngā Tāpirihanga

No.

Title

Page

a

PC8 Decision

36

 

 

Additional background information may be noted in the below table:

Document Name

Location / File Link

 

 

 

 

 

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

Authors

Glenda Dixon - Senior Policy Planner

David Falconer - Team Leader City Planning

Sophie Meares - Senior Legal Counsel

Approved By

John Higgins - Head of Planning & Consents

Jane Davis - General Manager Infrastructure, Planning & Regulatory Services

  


Urban Development and Transport Committee

02 March 2022