TE MANA
TIAKI I TE ARA AKITU
SUMMIT ROAD PROTECTION AUTHORITY
ANNUAL REPORT
For the year ending
30 June 2023
CONTENTS
Page
1. Introduction 1
2. Functions
of the Authority 1
3. Membership
of the Authority and Advisory Committee 1
4. Significant
Activities of the Authority 2
5. Financial
Report 3
Appendices
A. Membership 4
B. Map
of Protected Area 5
C. Receipts
and Payments Account 6
1. INTRODUCTION
This
is the 28th Annual Report of the Summit Road Protection Authority
and relates to the period 1 July 2022 to 30 June 2023.
The
Authority is required to prepare a report each year on its activities for the
preceding year. Copies of the Annual Report, together with copies of the
Annual Plan and Budget for the forthcoming year, are required to be forwarded
to the two contributory local bodies, the Christchurch City Council and the
Selwyn District Council.
In
1963 Parliament enacted the Summit Road (Canterbury) Protection Act. This
Act was originally administered by the Christchurch Regional Planning
Authority, then by the Canterbury United Council and, between 1989 and 1992, by
the Canterbury Regional Council. In 1992 Parliament amended the 1963 Act
to provide for the establishment of the Summit Road Protection Authority as a
joint standing committee of the Christchurch City Council, the Banks Peninsula
District Council and the Selwyn District Council.
The Summit Road Protection Authority was established on 1 July 1993.
In 2001 a revised Summit Road (Canterbury) Protection Act was passed. In
2006 the Banks Peninsula District Council was amalgamated with the Christchurch
City Council.
2. FUNCTIONS
OF THE AUTHORITY
The
function of the Authority is to carry out its responsibilities under the Summit
Road (Canterbury) Protection Act 2001 (“the Act”). The
purposes of the Act are as follows:
·
To provide for the preservation and protection
of the scenic amenity associated with the Summit Road and other roads,
walkways, paths and public open spaces within the protection area;
·
To provide for the preservation and protection
of natural amenities of land within the protected area;
·
To provide for the improvement of facilities for
the public enjoyment of the scenic amenity and the natural amenities.
Scenic
amenity includes the extensive views from the Summit Road and other roads,
paths and parks within the protected land, to the Port Hills, Christchurch, the
Plains and the Harbour. Natural amenities means the natural or physical
coherence qualities of an area that contribute to people’s appreciation
of its pleasantness, coherence and cultural and recreation attributes.
The
area protected by the Act runs along the summit of the Port Hills from Evans
Pass to Gebbies Pass and is generally the land between a line running about
30 metres vertically below the Summit Road and the ridgeline, as shown in
Appendix B.
3. MEMBERSHIP
OF THE AUTHORITY AND ADVISORY COMMITTEE
Up
until March 2006, the Authority consisted of one member appointed by each of
three contributory councils but with the amalgamation of the Banks Peninsula
District Council and Christchurch City Council, membership now consists of two
members appointed by the Christchurch City Council and one member by the Selwyn
District Council.
The
Authority is deemed to be a joint committee of the Christchurch City Council
and the Selwyn District Council by virtue of section 7(2) of the Act and
derives its powers from the Act. All expenses and liabilities of the Authority
are apportioned between the contributory councils in accordance with the
rateable capital value of each of the districts.
Following the 2019-22 local government electoral triennium, the
contributory councils changed their appointees to the Authority. Mr Keir Leslie
(from the Waihoro Spreydon-Cashmere-Heathcote Community Board) and Ms Cathy
Lum-Webb (from the Te Pātaka o Rākaihautū Banks Peninsula
Community Board) have hence become the appointees of Christchurch City Council,
and Councillor Grant Miller has become the appointee of Selwyn District
Council, as at the end of this reporting period. Mr Keir Leslie had been
elected as Chairperson of the Authority, and Ms Cathy Lum-Webb as Deputy
Chairperson.
The
Authority appoints an Advisory Committee to assist it with relevant advice. The
Advisory Committee comprises:
-
two members nominated by the Christchurch City
Council (typically identical with the appointees of the Christchurch City
Council to the Authority, and accordingly at the end of this reporting period
being Keir Leslie and Cathy Lum-Webb);
-
one member nominated by the Selwyn District
Council (again, typically identical with the appointee of the Selwyn District
Council to the Authority, and accordingly at the end of this reporting period
being Grant Miller);
-
two members nominated by the owners of land in
the area to which the Act applies (being Mr Peter Graham and Mr Denis Aldridge
over this period);
-
one member appointed on the nomination of the
Minister of Conservation (currently vacant following the resignation of Dr
Christine Dann, though Department of Conservation staff have been invited to
meetings over this period);
-
one member appointed on the nomination of the
Summit Road Society (being Mr Paul Loughton over this period, who is currently
the chairperson of the Advisory Committee);
-
one member having a knowledge of open space and
park management appointed on the nomination of the contributory local bodies
(being Mr Paul Devlin at the end of this period);
-
one member appointed on the nomination of either
Te Papatipu Runanga o Rapaki or te Rununga o Ngai Tahu (being Ms Hana
Walton over this period); and
-
one member appointed on the nomination of
Canterbury Regional Council (Environment Canterbury) (being Ms Gill Jenkins
over this period).
4. SIGNIFICANT
ACTIVITIES OF THE AUTHORITY
The
business of the Authority is governed by the Summit Road (Canterbury)
Protection Act 2001.
(a) Regulation
Implementation
of the regulatory provisions of the Act is the core responsibility of the
Authority. The Act requires that applications for specified activities on
the protected land must be made to the Authority. The Act also provides for
applications for the addition or removal of land from the protected area.
In
this reporting period the Authority dealt with one application in relation to a
structure on the protected land at 575 Summit Road, deciding to waive the need
for approval or notification of the application pursuant to section 17 of the
Act.
(b) Consultation
and Submissions
The
Authority is to be consulted on, and may make submissions on, any proposal to
prepare, change, or review any policy statement or plan referred to in the
Resource Management Act 1991 that affects or may affect the protected land.
The
Authority has also made submissions to the councils on occasions considered
relevant to signalling and advocating opportunities for the better management
of the protected land, particularly in respect of advancing some form of Port
Hills Management Plan.
(c) General administration
One
combined meeting of the Advisory Committee and the Authority was held during
the year.
5. FINANCIAL
REPORT
Income
for the year ending 30 June 2023 was $0, being the total levy on the two
contributing councils. Direct expenditure was $0.
The Summit Road Protection Authority has accumulated the sum of $138,445.07 (as at 30 June 2023) to cover its
expenses and liabilities.
APPENDIX A
MEMBERSHIP
As at 30 June 2023
Summit
Road Protection Authority
Christchurch
City Council Mr
K Leslie (Chair)
Christchurch City Council Ms
C Lum-Webb (Deputy Chair)
Selwyn District Council Cr
G Miller
Summit Road Advisory Committee
Summit Road Society Inc. nominee Mr
P Loughton (Chair)
Christchurch City Council nominees Mr
K Leslie
Ms
C Lum-Webb
Selwyn District Council nominee Cr
G Miller
Landowner nominees Mr
D Aldridge
Mr
P Graham
Conservation Minister’s nominee Vacant
Te Papatipu Runanga o Rapaki/ Ms
Hana Walton
Te Runanga o Ngai Tahu nominee
Environment Canterbury nominee Ms
G Jenkins
Open space and park management expert Mr
P Devlin
APPENDIX B
APPENDIX C
|
Summit Road Protection Authority
|
|
Receipts and Payments Account
|
|
01 July 2022 to 30 June 2023
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Opening Balance as at 01 July 2022
|
|
|
$ 138,445.07
|
(Credit)
|
|
|
|
|
|
|
|
|
|
|
|
RECEIPTS
|
|
|
|
|
|
|
|
|
|
|
906/105/2 Levies
|
|
$ (0.00)
|
|
|
|
|
|
|
|
|
TOTAL RECEIPTS
|
|
|
$ (0.00)
|
|
|
|
|
|
|
|
|
|
|
|
|
PAYMENTS
|
|
|
|
|
|
|
|
|
|
|
906/105/1 General Expenses
|
|
$
(0.00)
|
|
|
|
|
|
|
|
|
TOTAL PAYMENTS
|
|
|
$ (0.00)
|
|
|
|
|
|
|
|
|
|
|
|
|
Closing Balance as at 30 June 2023
|
|
|
$ 138,445.07
|
(Credit)
|
TE MANA TIAKI I TE ARA AKITU
SUMMIT ROAD PROTECTION AUTHORITY
Annual Plan and Budget
2024 / 2025
Page
1. The
Authority and Advisory Committee 2
2. Introduction 3
3. Functions
of the Authority 3
4. Membership 4
5. Significant
Activities of the Authority 4
6. Work
programme 2024-2025 5
7. Proposed
Budget for 2024-2025 7
8. Local
Body Levy 2024/25 7
Appendices
A. Protected
Area Map 9
B. Delegations
Register 10
1. SUMMIT
ROAD PROTECTION AUTHORITY AND ADVISORY COMMITTEE
|
Summit Road Protection
Authority
|
|
Christchurch City Council
|
Mr Keir Leslie (Chair)
|
|
Christchurch City Council
|
Ms Cathy Lum-Webb (Deputy Chair)
|
|
Selwyn District Council
|
Cr Grant Miller
|
|
Advisory
Committee
|
|
Summit Road Society Inc. nominee
|
Mr Paul Loughton (Chair)
|
|
Christchurch City Council (Spreydon
Cashmere Heathcote)
|
Mr Keir Leslie
|
|
Christchurch City Council (Banks
Peninsula)
|
Ms Cathy Lum-Webb
|
|
Selwyn District Council
|
Cr Grant Miller
|
|
Landowner nominee
|
Mr Denis Aldridge
|
|
Landowner nominee
|
Mr Peter Graham
|
|
Minister of Conservation nominee
|
To be confirmed
|
|
Te Papatipu Runanga o Rapaki / Te
Runanga o Ngai Tahu nominee
|
Ms Hana Walton
|
|
Environment Canterbury nominee
|
Ms Gill Jenkins
|
|
Contributory Councils’ nominee
having a knowledge of open space and park management
|
Mr Paul Devlin
|
2. INTRODUCTION
The Summit Road Protection Authority's Annual Plan and
Budget for 2024/25 describes work that may be undertaken during the year, shows
how much it may cost, and sets out the objectives in each area of significant
activity. The Annual Plan relates to the period 1 July 2024 - 30 June
2025, the financial year for the Authority.
In
1963 Parliament enacted the Summit Road (Canterbury) Protection Act. This
Act was originally administered by the Christchurch Regional Planning
Authority, then by the Canterbury United Council and between 1989 and 1992, by
the Canterbury Regional Council. In 1992 Parliament amended the 1963 Act
to provide for the establishment of the Summit Road Protection Authority as a
joint standing committee of the Christchurch City Council, the Banks Peninsula
District Council and the Selwyn District Council.
The
Summit Road Protection Authority was established on 1 July 1993.
In 2001 a revised Summit Road (Canterbury) Protection Act was
passed. In 2006 the Banks Peninsula District Council was amalgamated with
the Christchurch City Council.
3. THE
FUNCTIONS OF THE AUTHORITY
The
function of the Authority is to carry out its responsibilities under the
Summit Road (Canterbury) Protection Act 2001 (SRP Act). The purposes
of this Act are as follows:
·
To provide for the preservation and protection
of the scenic amenity associated with the Summit Road and other roads,
walkways, paths and public open spaces within the protected land;
·
To provide for the preservation and protection
of natural amenities of land within the protected area.
·
To provide for the improvement of facilities for
the public enjoyment of the scenic amenity and the natural amenities.
Scenic
amenity includes the extensive views from the Summit Road and other roads,
paths and parks within the protected land, to the Port Hills, Christchurch, the
Plains and the Harbour. Natural amenities means the natural or physical
qualities of an area that contribute to people’s appreciation of its
pleasantness, coherence and cultural and recreation attributes.
The
area protected by the SRP Act runs along the summit of the Port Hills from
Evans Pass to Gebbies Pass and is generally the land between a line running
about 30 metres vertically below the Summit Road and the ridgeline, as
shown in Appendix A.
In
carrying out its functions, the following areas of activity are generated by
the SRP Act:
·
regulation
·
submissions
·
general administration
·
enforcement
4. MEMBERSHIP
In March 2006, Banks Peninsular District Council joined
with the Christchurch City Council. As a result, membership of
the Authority changed to include two representatives of the Christchurch City
Council and one of Selwyn District Council.
Following the Local Body elections in October 2022
Councillor Grant Miller (a Selwyn District Councillor), Mr Keir Leslie (a
member of the City Council’s Waihoro Spreydon-Cashmere-Heathcote
Community Board) and Ms Cathy Lum-Webb (a member of the City Council’s Te
Pātaka o Rākaihautū Banks Peninsula Community Board) were
appointed to the Authority.
The
Authority is advised by an Advisory Committee that includes representatives of
the land owners, the Department of Conservation, the Summit Road Society Inc,
Ngāi Tahu, Environment Canterbury and an open space expert.
5. SIGNIFICANT
ACTIVITIES OF THE AUTHORITY
The
responsibilities of the Authority are framed by the Summit Road (Canterbury)
Protection Act 2001.
(a) Regulation
Implementation
of the regulatory provisions of the SRP Act is the responsibility of the
Authority. The SRP Act requires that applications for specified
activities on the protected land must be made to the Authority. The Act also
provides for applications for the amendment or removal of land from the
protected area.
The
hearing and determination of applications for consent to carry out activities
on the protected land, and applications for the amendment or removal of land
from the protected area, are determined in accordance with the provisions of
the SRP Act and the Delegations Register at Appendix B.
(b) Consultation
and Submissions
The
Authority is to be consulted on, and may make submissions on any proposal to
prepare, change, or review any policy statement or plan referred to in the
Resource Management Act 1991 that affects or may affect the protected land.
(c) General
administration
General
administration includes activities associated with servicing the Authority,
including meetings and members’ allowances; the preparation of agendas;
budget, revenue and expenditure reports; and dealing with correspondence and
enquiries. The Authority meets as required.
Administrative
services are provided by Christchurch City Council staff currently without
reimbursement, though any charges would need to be paid by levying the
contributory councils.
(d) Enforcement
The
Authority may initiate enforcement activities in the event that any unconsented
regulated activities occur on the protected land.
6. WORK
PROGRAMME 2024/25
The
following projects comprise the Authority's proposed work programme for 2024/25.
(a) Exercise
of regulatory functions
The
likely level of expenditure by the Authority in processing applications cannot
be forecast with accuracy because it is dependent on the nature and timing of
applications over the year.
The
Authority makes allowance for administration of the process, including:
determination of whether or not the approval of the Authority is required; the
adequacy of information provided with the application and the nature of
investigations required; and assessment and reporting on applications, together
with monitoring compliance with any conditions imposed by the Authority. The
contributory councils may however directly service the process for efficiency,
given they are the source of the funding, and duplication/overlap with resource
consent processes, which may include joint hearings.
To
enable this work to be carried out, provision is made for an expenditure of
$10,000 against this item, which may also be used for professional assistance
and advice in the consideration and hearing of applications.
Under
section 24 of the SRP Act applicants to the Authority are given specified
rights of appeal in regard to any decision, condition, or review of any
decision, made or imposed by the Authority under the sections of the SRP Act
there specified. To enable the Authority to appropriately respond to and
participate in any such appeal and be appropriately legally represented and
advised, $10,000 is set aside as an initial sum for this eventuality, noting
that it would be likely further funding would then need to be levied from the
contributory councils unless they directly serviced the matter.
Under
section 21 of the SRP Act any person having an estate or interest in any land,
building or other improvements detrimentally affected by any decision of the
Authority given under section 14 of the SRP Act may, subject to the provisions
of section 21, make a claim for compensation from the Authority for loss
sustained by that person. Any liabilities including compensation awards
incurred by the Authority under the SRP Act would be payable by the
contributory councils. However, it is considered that the Authority should hold
in reserve some funds buffering the contributory councils from such liability,
so that it may duly exercise its regulatory functions without undue concern
about its ability to pay such compensation awards promptly.
It
is also noted that under section 21 a claim for compensation must be made and
determined in accordance with the provisions of the Public Works Act, which
determination may result in professional fees needing to be incurred.
Therefore, $15,000 is set aside for liabilities/contingencies and costs that
may arise as a consequence of section 21 to ensure the Authority is not unduly
restrained in its functions by this and appropriately buffers the contributory
councils.
More
than a third of the reserve funds is not set aside for anything specific, but
as residual funds, particularly to buffer any shortfall in the above
allowances, though equally to top up any of the below allocations, or for
unforeseen expenses approved in accordance with financial delegations.
(b) Consultation
and Submissions
Under
section 8 of the SRP Act, the Authority must be consulted on, and may make
submissions in respect of, any proposal to prepare, change, or review any
policy statement or plan referred to in the RMA that affects or may affect the
protected land, therefore $10,000 has been allowed in the event that any
involvement by the Authority in this respect may be warranted that will not be
directly serviced by the contributory councils.
(c) General
administration
The
Authority needs to make arrangements for its administration and accordingly
$24,000 is set aside for this purpose if not directly serviced by the
contributory councils.
(d) Enforcement
$10,000 is set aside for any necessary enforcement action not
directly serviced by the contributory councils. Enforcement is reactive,
overlapping with other compliance functions of the contributory councils;
structures in breach of the SRP Act will likely also be in breach of the RMA or
Building Act.
A summary of the proposed programme of work for the year 2024/25
follows:
|
Project
|
Objective
|
Performance Measure
|
Output
|
Completion Date
|
|
Regulation
Applications
|
Process and
determine all applications in a timely and cost effective manner.
|
Decisions
made and communicated to the applicant and other affected parties within
specified time limits.
|
Decision
on applications with reasons.
|
Ongoing
|
|
Regulation
District
Plans
|
Ensure
harmonisation between provisions of the Summit Road Act and district plans,
regional plans and regional policy statements.
|
Consultation
responses and submissions made within the time limits specified.
|
Preparation
of consultation responses and submissions, presentation of evidence in
support of submissions.
|
Ongoing
in accordance with district plan, regional plan and regional policy statement
timetables.
|
|
General
Administration
|
Provide timely
advice to the Authority and service to the public.
To ensure that
the administration of the Authority conforms to public administration
requirements.
|
Forward
meeting agendas two clear working days prior to meetings. Respond to
correspondence, and member and public enquiries in a timely manner.
|
Meeting
agendas and reports, Annual Report, Annual Plan and Budget, financial
reports, correspondence, service member and public enquiries.
|
Ongoing
|
7. PROPOSED
BUDGET FOR 2024/25
The
proposed budget for the coming year for each of the significant activity areas
is as follows:
|
Project
|
Budgeted Expenditure
|
|
Regulation
·
Applications / legal advice
·
Appeals / legal advice
·
Contingencies reserve
|
$10,000
$10,000
$15,000
|
|
Consultation and Submissions
·
District Plan, Regional Plan and Policy
Statement changes and reviews
|
$10,000
|
|
General administration
|
$24,000
|
|
Enforcement
|
$10,000
|
|
Total Prospective
Expenditure
|
$79,000
|
The
proposed source of funding for the expenditure is as follows:
|
Source
|
Funding
|
|
Local body levy (2024/25, $0)
Reserve funds (138,445.07)
|
$0
$79,000
|
|
Total Prospective
Expenditure
|
$79,000
|
Note:
Residual Funds in Reserve = $59,445.07
8. LOCAL
BODY LEVY 2024/25
It
is proposed that the Authority levy for 2024/25 be set at $0.
The above proposed budget represents an allocation of funds for
potential professional and administrative fees, contingencies, and
opportunities for input into plans and reviews. The reserves for legal fees and
contingencies are modest, though they have not been drawn on in recent years.
It is unknown when and if the proposed expenditure may occur, and it
may be necessary to levy substantially more in short order outside this annual
levying consideration if the Authority incurs fees or liabilities in excess of
those allocated for. It is assessed, however, that the Authority holds
reasonable reserves at this time in the current circumstances. It being the
case that the expenditure may not be incurred in the coming year, it is
considered that the levy can stay substantially reduced as proposed until the
expenditure may occur.
Section
25 of the Summit Road (Canterbury) Protection Act 2001 sets out the
apportionment by which Christchurch City Council and Selwyn District Council
must fund the Authority, including compensatory awards incurred for the
preservation of the amenities of the protected land.
APPENDIX A
APPENDIX B
TE MANA TIAKI I TE
ARA AKITU / SUMMIT ROAD
PROTECTION AUTHORITY
DELEGATIONS
REGISTER
These delegations shall apply unless contrary
express delegation is given in a resolution of the Authority.
|
Summit Road Protection Authority
|
PA
|
|
PA Chairperson
|
PAC
|
|
PA Advisory Committee
|
AC
|
|
Executive Secretary (or any Christchurch
City Council or Selwyn District Council staff member being a manager* or
committee/hearings/community board advisor known to the PAC as being acting
ES)
|
ES
|
|
Open Space Expert – s9(1)(f)
appointed (or pending nominee of the contributory councils)
|
OSE
|
|
Christchurch City Council Legal and
Democratic Services (any manager*, in-house counsel, or committee/hearings
advisor within the unit)
|
LSU
|
* Council managers
may also nominate council or contracted planners, compliance officers, lawyers,
process servers or other relevant technical/service specialists to complete a
delegated task (by way of sub-delegation)
LEGISLATIVE DELEGATIONS – Summit
Road (Canterbury) Protection Act 2001
|
Section
|
Delegation
|
Delegated to:
|
|
Various
|
Where
delegation to ‘PA or AC’ to determine which decides in each
instance
|
PAC
|
|
8(2)
|
To make
submissions in respect of any proposal to prepare, change, or review any
policy statement or plan referred to in that Act that affects or may affect
the protected land.
|
PA
or ES or OSE
|
|
10(1)
|
The
Authority may give public notice of its intention to declare any land
described in the notice to be protected land.
|
PA
(undelegated)
|
|
10(4)
|
Serving
a copy of the public notice
|
ES
or LSU
|
|
10(4)(c)
|
Deciding
who has a greater interest in the proposal than the public generally.
|
PA
(undelegated)
|
|
10(6)
|
Deciding
whether, after hearing all submissions, to add all or part of the land described
in the notice given under subsection (1) to the protected land.
|
PA
or AC
|
|
10(6)
|
Subsequent
to decision, giving public notice after the time for lodging appeals has
expired or all appeals have been disposed of, to declare all or part of that
land to be protected land.
|
ES
or LSU
|
|
11(2)
|
Requiring
the applicant to supply such detail or plans as, in the Authority’s
opinion, are necessary for a reasonable understanding of the application by
any person who may wish to make a submission.
|
ES
or LSU or OSE or PA
|
|
11(3)
|
Publicly
notify all applications for removal of land from the protected land and must
serve copies of the application on the following parties.
|
ES
or LSU
|
|
11(3)
|
Deciding
who has a greater interest in the proposal than the public generally.
|
ES
or LSU or OSE or PA
|
|
11(5)&(6)
|
Being
satisfied in respect of s11(5); considering submissions under s11(6); and deciding
under s11(6) to remove the land described in the application under subsection
(1) from the protected land.
|
PA
or AC
|
|
11(6)&(7)
|
Subsequent
to decision, giving public notice under s11(6); and deposited copy of public
notice under s11(7).
|
ES or LSU
|
|
12(2)(b)(ii)
|
Approval
of the Authority
|
PA
(undelegated)
|
|
12(4)
|
Providing
feedback on being consulted under s12(4).
|
PA (undelegated)
|
|
12(5)&(6)
|
Assessing
effects of structure, tree, hedge or shelter belt on amenities do/will not
differ substantially.
|
PAC or their nominee
|
|
13(3)
|
The
Authority may require the applicant to supply such further details or plans
as, in the Authority’s opinion, are necessary for a reasonable
understanding of the application.
|
ES
or LSU or OSE or PAC or PA or AC
|
|
13(4)
|
If
the Authority is satisfied that it has received adequate information, the
likely effects of the application are more than minor, and the application
has not been publicly notified separately by a territorial authority, it must
give public notice of the application.
|
PA
(undelegated) – may be determined on the papers
|
|
13(4)
|
Giving
and serving public notice.
|
ES
or LSU
|
|
14(1)
|
Assessing
acceptability of submissions.
|
ES
or LSU
|
|
14(3)
|
The
Authority may require the applicant to pay to the Authority a sum not
exceeding the actual cost of public notification and may require payment of a
deposit against the cost of the hearing before dealing with the application.
|
ES
or LSU
|
|
14(4)&(7)
|
The
Authority must consider all submissions received and, if a submitter has
given notice that he or she wishes to be heard,— (a) must convene hearings, whether public
or otherwise; and (b) must establish a procedure that is fair and appropriate
in the circumstances; and (c) may summons witnesses and hear evidence on
oath.
After considering the proposal or application and any
submissions received, the Authority— (a) must either— (i) allow
the proposal or application, with or without conditions; or (ii) disallow the
proposal or application in whole or in part; and (b) must, within 15 working
days of the hearing, notify its decision and the reasons for its decision to
every proposer or applicant, the landowners, all those persons who made
written submissions and who supplied an address for service, and every territorial
authority in whose district the property is situated.
|
PA
or AC
|
|
14(5)
|
The
Authority is satisfied that it is impracticable to commence the hearing
within that period.
|
ES
or LSU
|
|
15
|
Whether
to hold hearing jointly.
|
PAC
or ES or LSU
|
|
16(1)
|
Sending
copy of public notice.
|
ES or LSU
|
|
17(1)
|
If
the effects of an application under section 13 on the amenities are
minor, the Authority may decide that the application does not require
notification or approval by the Authority.
|
PA (undelegated) (as per s17(2)(a)
requires unanimity)
|
|
18
|
Making
and serving originating application for the Environment Court to declare that
any actual or proposed action does or does not require consent
under section 13.
|
PAC or ES or LSU or their nominee
|
|
19(1)
|
If
the Authority considers that any private land or any interest in or over
private land or any interest in a Crown lease should be acquired for the
purposes of this Act, the Authority may recommend that such interest in the
land be acquired by the contributory local bodies.
|
PA or AC
|
|
20(2)
|
Giving
written approval for land or interest referred to in subsection (1) to be
sold or disposed of.
|
PA or AC
|
|
21(3)
|
Determining
any claim for compensation under this section.
|
PA (undelegated)
|
|
22(1)
|
The
Authority may, at any time within 1 month after the date of an award of
compensation under this Act, give notice to the claimant of its intention to
withdraw or modify all or any of the provisions of the decision or conditions
that gave rise to the claim for compensation.
|
PA (undelegated)
|
|
23(1)
|
The
Authority may lodge with the Registrar-General a compensation certificate.
|
ES or LSU
|
|
28(1)
|
The
Authority may serve on any person who has carried out, or is carrying out,
any action contrary to section 12, or on the owner or occupier of the
land, a notice requiring the person served, within such reasonable time as is
specified in the notice, to restore the land or the structure affected by the
action as nearly as may be to its previous condition.
|
PAC (or ES or LSU or their nominee after
consulting with PAC)
|
|
29
|
Taking
any enforcement or restorative action allowed under s29.
|
PAC or OSE or ES or LSU or their nominee
|
|
34(1)(b)
|
Appointing
a person under s34(1)(b). A charging document for an offence against this Act
may be filed in the name of ES or person appointed under this delegation.
|
PAC or ES
|
|
Various
|
Anything
not otherwise specified above
|
PAC or ES or LSU
|
FINANCIAL DELEGATIONS
|
Delegation
|
Terms/Limitations
|
Delegated to:
|
|
To expend the part of the regulatory
budget relating to the consideration of applications.
|
Including, without being limited to,
obtaining legal or other professional advice and attendances.
|
ES or LSU
|
|
To expend the part of the regulatory
budget relating to the consideration of District Plans or Policy Statements
under the RMA.
|
|
ES or OSE
|
|
To expend the part of the regulatory
budget relating to the handling of appeals.
|
Including, without being limited to,
obtaining legal advice and representation.
|
ES or LSU
|
|
To expend the part of the regulatory
budget relating to the payment of contingencies/compensation for which the
Authority is liable under its Act.
|
|
ES or LSU
|
|
To expend any advice and promotion budget
|
Discretionary activity
|
ES or OSE
|
|
To expend the part of the Port Hills
Management Plan budget relating to making submissions.
|
Discretionary activity. Including,
without being limited to, obtaining legal or other professional advice and
attendances.
|
ES or OSE
|
|
To use/contribute/reverse reserve funds
with the agreement of the contributory councils for the development of a Port
Hills Management Plan or for otherwise advancing a vision for the Summit Road
and Port Hills.
|
Discretionary activity
|
PA
(undelegated)
|
|
To expend the general administration
budget on administrative, meeting, hearing and site visit expenses, and on
legal, accounting or financial services relevant to administering the PA and
AC, and on any other operational expenses.
|
Includes, without being limited to,
catering meetings, venue expenses, paying members meeting attendance fees
approved by the Authority, and reimbursing members reasonable expenses
supported by receipts.
|
ES or LSU
|
|
To expend the enforcement budget on
matters of enforcement.
|
Discretion may be exercised in
enforcement matters.
|
ES or LSU
|
|
To expend the enforcement budget on
auditing or restoring protected land.
|
Discretionary activity
|
ES or LSU or OSE
|
|
To expend the general administration
budget on the services of ES, OSE, or other officer/expert.
|
Officers, experts, advisors and
contractors may also be engaged under the other budgets under relevant
delegation.
|
PAC or LSU
|
|
To expend budgets not otherwise
delegated, expend unallocated reserve funds or redistribute funds between
budgets between annual meetings.
|
Limited to ensuring projects the PA or AC
have resolved to undertake are funded, or where this is reasonably necessary
to fulfil the Authority’s statutory obligations, or to pay liabilities
(incl. compensation) when due.
|
PAC
|
|
To levy the contributory councils between
annual meetings.
|
Limited to where this is reasonably
necessary to fulfil the Authority’s statutory obligations or to pay
liabilities (incl. compensation) when due.
|
PAC
|
AUTHORITY
ADJOURNS TO HEAR THE CONSIDERATION OF THE ADVISORY COMMITTEE
6. Apologies for the Advisory
Committee
Apologies will
be recorded at the meeting
7. Declarations of Interest for
the Advisory Committee
Members are
reminded of the need to be vigilant and to stand aside from decision-making
when a conflict arises between their role as a member and any private or other
external interest they might have.
8. Confirmation of Advisory
Committee’s Previous Minutes
That the minutes noted
under item 3 above be confirmed by the Advisory Committee (refer page 28).
9. Summit
Road Safety Update
Briefing update from City Council Traffic
Engineer. No decision is required; information-only briefing.
10. Head Ranger’s Update
Briefing update
from Paul Devlin, City Council Head Ranger. No decision is required;
information-only briefing.
