Is the Dual Planning System of New Zealand under the Resource Management Act A Resilient Process? LMD PLANNING CONSULTANCY

Transcription

1 Is the Dual Planning System of New Zealand under the Resource Management Act A Resilient Process? 1

2 AYUBOWAN A LONG LIFE TO YOU 2

3 KIA ORA BE HEALTHY & WELL 3

4 New Zealand, Sri Lanka, Canada what do we have in common? 4

5 LEONARD DISSANAYAKE Resource Management Planning Consultant Kerikeri, New Zealand 5

6 Resource Management Act Dual Planning System Resilient Process 6

7 PLACE PEOPLE LAW 3 7

8 New Zealand 8

9 New Zealand North Island Far North District 9

10 PEOPLE OF EUROPEAN 75% MAORI 15% OTHER 11% 10

11 FAR NORTH DISTRICT European 56% Maori 38% Other 6% 11

12 Maori - Iwi and Hapu - Rohe 12

13 WAITANGI - Treaty 1840 Treaty House Marae 13

14 TREATY OF WAITANGI BICULTURAL SOCIETY DUAL PLANNING GRIEVANCES 14

15 MAORI AND EUROPEAN POPULATIONS Maori European

16 Maori Culture Te Ao Maori/ Maori World View Holistic approach Relationships - all living things Spiritual and natural world Whakapapa genealogy Tangata whenua (people of the land) iwi, hapu, whanau 16

17 Land ownership Intergenerational whanau, hapu, iwi (multiple owners) Land use /resource use responsible to the spirituality kaitiaki (guardian) respect and protect history (sacred sites) 17

18 Recognition for Maori People Culture and Ancestral land Waitangi Tribunal 1975 Town and Country Planning Act 1977 S (3) (1) (g) 18

19 Resource Management Act 1991 Environmental Management LAND, AIR, SOIL WATER & ECOSYSTEMS land and territorial sea 19

20 PURPOSE to promote the sustainable management of natural and physical resources 20

21 sustainable management use, development, protection natural and physical resources people and communities social, economic, and cultural while 21

22 Needs Of Future Generations Air, Water, Soil, Ecosystems Avoid, Remedy, Mitigate Adverse Effects 22

23 DUAL PLANNING SYSTEM IN THE RMA 23

24 RMA Principles Section 6 Matters of National Importance Section 7 Other Matters Section 8 Principles of the Treaty of Waitangi 24

25 Section 6 Recognise and provide for (1) Relationship Of Maori To culture and traditions ancestral lands, water, sacred places and items 25

26 SECTION 6 Recognise and provide for (2) Protect Historic Heritage (Maori & European) (3) Protect Customary Rights (Maori) 26

27 Section 7 Have particular regard to Kaitiakitanga Tangata Whenua Tikanga Maori 27

28 Section 8 take into account Principles of the Treaty of Waitangi Treaty Principles act reasonably and in good faith actively protect Māori interests 28

29 RESILIENT PROCESS the ability of an organization to maintain the continuity of its business and meet obligations. Important for developer and consultants local authority 29

30 RMA PROCESSES A CASE STUDY 30

31 MARIAN DISSANAYAKE Resource Management Planning Consultant New Zealand 31

32 RMA PROCESES Plan Preparation National Policy Statements Regional Policy Statements Regional Plans District Plans/City Plans 32

33 PLAN IMPLEMENTATION Regional and District Plans Zones and Rules Proposal Assessment Activity Status Permitted activity 33

34 Controlled activity Restricted Discretionary activity Discretionary activity Non complying activity Planning Permission under RMA RESOURCE CONSENT 34

35 CONTROLLED ACTIVITY Council must give approval (can include conditions) 35

36 Discretionary Activity Council s Discretion Effects Affected Parties Response of Affected Parties 36

37 THE RESOURCE CONSENT PROCESS Is it a RESILIENT PROCESS in terms of DUAL PLANNING 37

38 RESOURCE CONSENT PROCESS Assessment of Environmental Effects Minor adverse effects No persons affected Resource Consent in 20 work days 38

39 Minor Effects affected persons? Written approval given? Resource Consent in 20 work days 39

40 Minor Effects? affected persons? Written approval NOT given? LIMITED NOTIFICATION Major Effects? PUBLIC NOTIFICATION 40

41 CASE STUDY A Papakainga Housing Development ancestral home of a Maori group 'a nurturing place to return to a social housing development for Maori on their ancestral land 41

42 DEVELOPER Maori Land Trust Administrative Structure 42

43 The Site Location - Far North District part of a 500ha Block main block is a dairy farm 43

44 Site and Location 44

45 LONG TERM CONCEPT PLAN 45

46 RESOURCE CONSENTS Northland Regional Council (NRC) Far North District Council (FNDC) Main Reason the land is zoned Rural 46

47 Planning Application to NRC for earthworks storm water disposal wastewater disposal conclusion effects are minor no persons adversely affected 47

48 Far North District Plan Rules Papakainga development Land area per house 3000m2 Controlled activity Farm is revenue Papakainga - living together/close by Zone change process too expensive 48

49 Planning Application to FNDC Integrated Development Discretionary activity Environmental Effects minor effects on adjoining property owners 49

50 Written Approvals not complete Limited Notification Council to notify the affected parties 50

51 Land owner contact General land Council rates data base Maori land with multiple owners No complete data base for contact 51

52 Prior to 2009 RMA presumption public notification of Resource Consents current RMA requirements, public notification mainly occurs when there are major adverse effects LMD PLANNING ZEALAND NEW 52

53 Injunction Maori Land Court shareholder Wahi Tapu (sacred site) No definition for Wahi Tapu in the RMA 53

54 Maori Land Act a wahi tapu, a place of special significance according to tikanga Maori Heritage New Zealand Act wāhi tapu a place sacred to Māori in the traditional, spiritual, religious, ritual, or mythological sense 54

55 Challenge to the Maori Trustees as they believed it is an important cultural tradition Challenge to us as planners to ensure that the project can go forward Challenge to Council responsibility under Section 6 of RMA 55

56 REVISED PLAN 56

57 WORK IN PROGRESS 57

58 WORK IN PROGRESS 58

59 CONSENT PROCESS RESILIENT Loss of efficiency Depends on policies, zone, rules solution Robust policies appropriate zoning and rules 59

60 Good News new policy/plan preparation process under (RMA) effective from 18 th April 2017 Iwi Participation Arrangements with guiding principles for the development and implementation 60

61 Far North District Hapu & Iwi - full participation 61

62 Outcomes expected for Maori kaitiaki, advocacy better protection of cultural values economic growth social well being 62

63 CONCLUSION DUAL PLANNING (consenting process) RESILIENCE Process efficiency is compromised New amendments to RMA Robust, Efficient, Resilient 63

64 THANK YOU 64