Proposed Kaipara District Plan. Decision Report of the Hearings Panel. Chapter 15A Maori Purposes Maori Land

Transcription

1 Proposed Kaipara District Plan Decision Report of the Hearings Panel Chapter 15A Maori Purposes Maori Land 31 August 2011

2 Chapter 15A Maori Purposes Maori Land Decision Report Table of Contents 1 Key Changes Principal Issues Key Changes to the Chapter Introduction Overview of the Hearing Process Statutory Framework Analysis of Submissions Decision Report Structure Hearings Panel Workshop Decisions Panel Decisions [PAN 15A.1] Chapter 15A as a Whole [PAN 15A.2] Objectives [PAN15A.3] Policies [PAN 15A.4] Methods [PAN 15A.5] Outcomes [PAN 15A.6] Decisions on submissions where no Decision is sought Consequential Amendments as a Result of Decisions on Other Chapters...14 Appendices Appendix 1 Decisions Version of Chapter 15A Maori Purposes: Maori Land 31 August 2011 // Page i

3 Chapter 15A Maori Purposes Maori Land Decision Report 1 Key Changes 1.1 Principal Issues Having reviewed the Proposed Kaipara District Plan (the Plan ) and associated documentation, submissions and further submissions, the Hearing Report prepared and evidence and submissions made at the Hearing, the Hearings Panel (the Panel ) has determined the principle issues in contention that they were required to consider in respect of Chapter 15A: Maori Purposes: Maori Land. In particular, these included the following: 1. Providing for further clarity of the policy framework; and 2. The addition of an outcome to recognise that landuse and development opportunities should result in improved social, economic and cultural outcomes for Maori. 1.2 Key Changes to the Chapter In considering the above issues, the Panel has considered the merits / benefits or relative costs / disadvantages of the Plan (and those submissions in support) or the relief sought in those submissions in opposition to the Plan and weighed these against the purpose and principles of Part 2 of the Resource Management Act 1991 (the RMA ) and the other key planning and statutory documents including the New Zealand Coastal Policy Statement, Northland Regional Policy Statement and relevant Regional Plans. In taking this balanced approach, the Panel concludes that a number of amendments to Chapter 15A will better enable the Plan to achieve the purpose and principles of the RMA (providing for the sustainable management of the district s land resources), and improve its effectiveness and efficiency. In summary, these amendments include: 1. Changes to the wording of: Objective 15A.5.3, to clarify the intent of this objective to provide for the use and development of Maori land; and Other Methods 15A.7 (bullet point 2), to be consistent with the references used in other parts of the Plan. 2. A new outcome is provided in section 15A.8 as follows: Maori Land is developed in a way that provides for the social, economic and cultural benefit of Tangata Whenua. 31 August 2011 // Page 1

4 Chapter 15A Maori Purposes Maori Land Decision Report 2 Introduction This report contains the decisions of the Panel of the Kaipara District Council (the Council ) on submissions and further submissions (hereafter referred to as submissions) on Chapter 15A of the Plan. The decisions version of the Plan text relating to Chapter 15A is provided in Appendix Overview of the Hearing Process The Plan review process is summarised briefly below. The Plan was publicly notified on 21 October The closing date for lodging submissions was 18 December The submissions were publicly notified for further submissions on 1 March The closing date for lodging further submissions was 12 March The Plan was publicly notified on 21 October The closing date for lodging submissions was 18 December The submissions were publicly notified for further submissions on 1 March The closing date for lodging further submissions was 12 March A summary report of all submissions and further submissions was released in April 2010, combining the two summary reports for submissions and further submissions. Hearing Reports were then prepared which provided the reporting planner s recommendations on whether each submission should be accepted or rejected (in full or in part) and what amendments (if any) should be made to the Plan to address matters raised in submissions. Hearings were held in June through to August 2010 to provide the opportunity for submitters to speak in support of their submissions. 2.2 Statutory Framework This section of the report briefly sets out the statutory framework within which the Council must consider the submissions. In preparing this report the submissions and in particular, the decisions requested in the submissions have been considered in light of the relevant statutory matters. These matters were summarised by the Environment Court 1, which set out ta summary of the mandatory requirements for district plans or plan changes: A. General requirements 1. A district plan (change) should be designed to accord with, and assist the territorial authority to carry out its functions so as to achieve, the purpose of the Act. 2. When preparing its district plan (change) the territorial authority must give effect to any national policy statement or New Zealand Coastal Policy Statement. 3. When preparing its district plan (change) the territorial authority shall: (a) have regard to any proposed regional policy statement; (b) not be inconsistent with any operative regional policy statement. 4. In relation to regional plans: 1 Long Bay Okura Great Park Society Inc. v North Shore City Council AO78/08 (paragraph 34) 31 August 2011 // Page 2

5 Chapter 15A Maori Purposes Maori Land Decision Report (a) the district plan (change) must not be inconsistent with an operative regional plan for any matter specified in section 30(1) [or a water conservation order]; and (b) must have regard to any proposed regional plan on any matter of regional significance etc.; 5. When preparing its district plan (change) the territorial authority must also: have regard to any relevant management plans and strategies under other Acts, and to any relevant entry in the Historic Places Register and to various fisheries regulations; and to consistency with plans and proposed plans of adjacent territorial authorities; take into account any relevant planning document recognized by an iwi authority; and not have regard to trade competition; 6. The district plan (change) must be prepared in accordance with any regulation (there are none at present); 7. The formal requirement that a district plan (change) must also state its objectives, policies and the rules (if any) and may state other matters. B. Objectives [the section 32 test for objectives] 8. Each proposed objective in a district plan (change is to be evaluated by the extent to which it is the most appropriate way to achieve the purpose of the Act. C. Policies and methods (including rules) [the section 32 test for policies and rules] 9. The policies are to implement the objectives, and the rules (if any) are to implement the policies; 10. Each proposed policy or method (including each rule) is to be examined, having regard to its efficiency and effectiveness, as to whether it is the most appropriate method for achieving the objectives of the district plan taking into account: D. Rules (a) the benefits and costs of the proposed policies and methods (including rules); and (b) the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of policies, rules, or other methods. 11. In making a rule the territorial authority must have regard to the actual or potential effect of activities on the environment. E. Other statutes: 12. Finally territorial authorities may be required to comply with other statutes. Within the Auckland Region they are subject to: the Hauraki Gulf Maritime Park Act 2000; the Local Government (Auckland) Amendment Act 2004." 31 August 2011 // Page 3

6 Chapter 15A Maori Purposes Maori Land Decision Report Note: This decision was issued prior to the 2005 RMA amendments. Those amendments included changes to section 75 of the RMA which deals with the contents of a district plan. Therefore in paragraph 3 of the summary, where it states that a district plan shall not be inconsistent with any regional policy statement, this should now state that a district plan should give effect to a regional policy statement. Part 2 of the RMA sets out the Act s purpose and principles. The purpose of the RMA is to promote the sustainable management of natural and physical resources. Sustainable management is defined in Section 5(2) as meaning: managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while (a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and (b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and (c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment. Part 2 of the RMA also requires Councils to recognise and provide for matters of national importance stated in Section 6. Councils must also have particular regard to other matters listed in Section 7 and in Section 8 to take account of the principles of the Treaty of Waitangi. These matters are also relevant when considering submissions. The Plan must assist the Council to carry out its functions under Section 31 of the RMA. These functions are: (a) The establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district: (b) the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of (i) the avoidance or mitigation of natural hazards; and (c) (ii) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances; and (iia) the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land: (iii) the maintenance of indigenous biological diversity: (d) The control of the emission of noise and the mitigation of the effects of noise: (e) The control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes. The Panel has had regard to Section 32 of the RMA (consideration of alternatives, benefits, and costs) throughout its deliberations and decision making. Section 32 states: (1) In achieving the purpose of this Act, before a proposed plan, proposed policy statement, change, or variation is publicly notified, a national policy statement or New Zealand 31 August 2011 // Page 4

7 Chapter 15A Maori Purposes Maori Land Decision Report coastal policy statement is notified under section 48, or a regulation is made, an evaluation must be carried out by (a) the Minister, for a national environmental standard or a national policy statement; or (b) the Minister of Conservation, for the New Zealand coastal policy statement; or (c) the local authority, for a policy statement or a plan (except for plan changes that have been requested and the request accepted under clause 25(2)(b) of Schedule 1); or (d) the person who made the request, for plan changes that have been requested and the request accepted under clause 25(2)(b) of Schedule 1. (2) A further evaluation must also be made by (a) a local authority before making a decision under clause 10 or clause 29(4) of Schedule 1; and (b) the relevant Minister before issuing a national policy statement or New Zealand coastal policy statement. (3) An evaluation must examine (a) the extent to which each objective is the most appropriate way to achieve the purpose of this Act; and (b) whether, having regard to their efficiency and effectiveness, the policies, rules, or other methods are the most appropriate for achieving the objectives. (3A) This subsection applies to a rule that imposes a greater prohibition or restriction on an activity to which a national environmental standard applies than any prohibition or restriction in the standard. The evaluation of such a rule must examine whether the prohibition or restriction it imposes is justified in the circumstances of the region or district. (4) For the purposes of the examinations referred to in subsections (3) and (3A), an evaluation must take into account (a) the benefits and costs of policies, rules, or other methods; and (b) the risk of acting or not acting if there is uncertain or insufficient information about the subject matter of the policies, rules, or other methods. (5) The person required to carry out an evaluation under subsection (1) must prepare a report summarising the evaluation and giving reasons for that evaluation. (6) In addition to the matters listed above the following are relevant to considering the submissions on the Plan: 1. The Plan must give effect to any national policy statement and any New Zealand coastal policy statement (s75(3)(a) and (b)). 2. The Plan must give effect to the regional policy statement (made operative after 10 August 2005) (s75(3)(c)). 31 August 2011 // Page 5

8 Chapter 15A Maori Purposes Maori Land Decision Report 3. The Plan must be not inconsistent with any regional plan (s75(4)). 4. A rule must not be more lenient and can only be more stringent than a national environmental standard if the standard expressly says that a rule may be more stringent than it (s43b(1) and (3)) Analysis of Submissions The following sections contain the decisions the Panel has made after considering the submissions, further submissions and any written or verbal evidence tabled in support of those submissions at the Hearing and the recommendations made in the reporting planner s report. The full Panel determined all decisions apart from decisions relating to the Council submission. The independent chair determined those decisions on the Council submissions to ensure an impartial decision was reached. The Hearing Reports summarised the reasons for the submissions and the decisions sought. This has not been repeated in this report for each submission. A discussion of the decision sought has been provided, where it assists in understanding the decision made by the Panel, in particular where this is different to that recommended by the reporting planner. To assist submitters the Panel has cross referenced its decisions with the relevant Hearing Report. Copies of all Hearing Reports are available from Council offices, libraries and the website; Evidence tabled at the Hearing is directly referred to in this report where the panel believes it is of particular assistance in understanding the decision requested or the reasons for the panel s recommendation. These references are not intended to be exhaustive and some evidence presented at the Hearing may not be directly referred to in this report. All evidence has however, been carefully considered. While the relevant statutory matters (identified in section 2.2 of this report) will not necessarily be referred to directly, the discussion and decisions have given appropriate consideration to these and any other relevant matters. The report recommends whether each submission should be accepted or rejected (in full or in part) and what amendments should be made to the Plan to address matters raised in submissions. The decisions of the Hearings Panel are not necessarily the same as those contained in the Hearing Reports. Further submissions are not specifically addressed but are dealt with in conjunction with the submission to which they relate. It is noted that many further submissions were made collectively to the submission points raised by a submitter. The reference to accept or reject a further submission as noted in this report only relates to the specific submission point being considered in that specific section of the Hearing Report. Decisions of the Panel have been made pursuant to Clause 10 of the First Schedule of the RMA which states that a local authority may group submissions without giving a decision that addresses each submission individually. As such the Panel has considered the submissions received collectively by issue and has endeavoured to identify all submissions in the submission lists (within the respective Decision Reports). These lists are not necessarily exhaustive and the Panel notes that where a submission has not been individually identified in the report, this does not mean that the submission point has not been considered in the Panel s deliberations and decisions. Clause 16(2) of the First Schedule provides the opportunity for a local authority to make an amendment to the Plan to alter any information, where such an alteration is of minor effect, or may correct any minor errors (such as style, numbering, grammar and spelling). Where amendments have been made to correct minor errors these have not been listed separately in this report, but 31 August 2011 // Page 6

9 Chapter 15A Maori Purposes Maori Land Decision Report have been shown as strikethrough for deletions and underscore for insertions in the decisions version of the text provided in Appendix 1. Submissions which address matters relating to the whole of the Plan, the plan process and minor miscellaneous changes (grammar, spelling, punctuation and numbering and the like) are addressed separately in the General and Miscellaneous Report. Appendix 2 contains a list and cross reference of all submissions which have been transferred to other Decision Reports. 2.4 Decision Report Structure The decisions on submissions were made in two phases and as such they have been divided into two separate sections in the decision reports. These are Workshop decisions (WOR) and Panel decisions (PAN). Because of the number of decisions required to be made, the need for consequential amendments to the Plan that have flowed from some decisions, and the need (from an administrative perspective) to keep track of the decision making process and the actual changes to the provisions of the Plan, the distinction between Workshop (or 2010 decisions) and Panel (or 2011 decisions) has been retained purely for administrative reasons. Decisions have been made by the Panel over the extended deliberation period from late 2010 until September 2011 and all decisions were reviewed by the Panel during 2011 prior to the decision reports being finalised Section 3: Workshop decisions (WOR) This section sets out the decisions which highlighted those areas of submissions which may have required consequential amendments to the Plan and as such these decisions were made first (late 2010). Section 3 outlines the Panel s decisions as to whether the submissions are accepted, rejected or accepted in part, the reasons for those decisions, and any consequential amendments to the Plan arising from these decisions Section 4: Panel decisions (PAN) This section sets out the decisions where the potential for consequential amendments to the Plan were considered less likely and as such these decisions were made later (in 2011). Section 4 outlines the Panel s decisions as to whether the submissions are accepted, rejected or accepted in part, the reasons for those decisions, and any consequential amendments to the Plan arising from these decisions. This section also documents where no decision is sought. These are submissions that do not request or suggest a specific change to the Plan Section 5: Consequential Amendments This section sets out a list of consequential amendments that are required as a result of decisions on other Chapters of the Plan. 31 August 2011 // Page 7

10 Chapter 15A Maori Purposes Maori Land Decision Report 3 Hearings Panel Workshop Decisions There are no key directions relevant to this Chapter. 31 August 2011 // Page 8

11 Chapter 15A Maori Purposes Maori Land Decision Report 4 Panel Decisions 4.1 [PAN 15A.1] Chapter 15A as a Whole A number of submissions were received in support the inclusion of Chapter 15A in the Plan and some requested that all issues, objectives and policies within Chapter 15A be retained, unless specifically requested to be amended Decision That submissions: Submission Point Submitter Name Hearing Report Page Decision 98/9 Northland Regional Council 15A 7 Be Accepted in Part FS505/6 Te Uri o Hau 15A 7 Be Accepted in Part FS507/6 Te Roroa 15A 7 Be Accepted in Part FS511/13 Farmers of New Zealand Inc; Kaipara Citizens and Ratepayers Association Inc. Pouto Topu A Trust 15A 7 Be Accepted in Part 450/10 Bull, John 15A 7 Be Accepted in Part FS505/6 Te Uri o Hau 15A 7 Be Accepted in Part FS507/6 Te Roroa 15A 7 Be Accepted in Part 432/28 Te Roroa 15A 7 Be Accepted in Part 425/28 Te Uri o Hau 15A 7 Be Accepted in Part 137/68 Meridian Energy Limited 15A 8 Be Accepted in Part FS498/204 Northpower Limited 15A 8 Be Accepted in Part FS505/6 Te Uri o Hau 15A 8 Be Accepted in Part FS507/6 Te Roroa 15A 8 Be Accepted in Part Reasons for Decision 1. The Panel considers that the issues, objectives and policies of Chapter 15A will provide robust guidance on the management of Maori Land within the District and give effect to Part 2 of the RMA, in particular section For those submissions which supported Chapter 15A as notified, the Panel accepts in part these submissions, to the extent that Chapter 15A is modified by this decision Changes required to Chapter 15A as a result of Decision No change is required Consequential Amendments No consequential amendments are required. 31 August 2011 // Page 9

12 Chapter 15A Maori Purposes Maori Land Decision Report 4.2 [PAN 15A.2] Objectives A number of submissions seek amendments to the wording of Objective 15A.5.3 to provide improved clarity and focus Decision That submissions: Submission Point Submitter Name Hearing Report Page Decision 137/69 Meridian Energy Limited 15A 9 Be Accepted in Part FS498/205 Northpower Limited 15A 9 Be Accepted in Part FS505/8 Te Uri o Hau 15A 9 Be Accepted in Part FS507/8 Te Roroa 15A 9 Be Accepted in Part Reasons for Decision 1. The Panel considers the proposed amendments will provide greater clarity to the general public and practitioners using the Plan, of the intent of Objective 15A.5.3 to provide for the use and development of Maori land. It will also remove repetition of matters addressed elsewhere in the Plan Changes to Chapter 15A as a result of Decision [Amend Objective 15A.5.3 of Section 15A.5 (Maori Land Objectives) as follows] To sustainably manage enable the use and development of Maori Land in a manner which enables allows Tangata Whenua to provide for their social, economic, and cultural wellbeing and for their health and safety while safeguarding ecosystems and sustaining important sites and resources and avoiding remedying and mitigating adverse effects of activities on the environment Consequential Amendments No consequential amendments are required. 4.3 [PAN15A.3] Policies A number of submissions seek amendments to the wording of Policy 15A.6.5 to make it less overly prescriptive in seeking improved environmental outcomes for use and development of Maori Land. Amendments are also sought to Policy 15A.6.7 to remove reference to the terms matauranga maori and tikanga Decision That submissions: Submission Point Submitter Name Hearing Report Page Decision 137/70 Meridian Energy Limited 15A 11 Be Rejected FS498/205 Northpower Limited 15A 11 Be Rejected 31 August 2011 // Page 10

13 Chapter 15A Maori Purposes Maori Land Decision Report Submission Point Submitter Name Hearing Report Page Decision FS505/8 Te Uri o Hau 15A 11 Be Rejected FS507/8 Te Roroa 15A 11 Be Rejected 137/71 Meridian Energy Limited 15A 11 Be Rejected FS498/205 Northpower Limited 15A 11 Be Rejected FS505/9 Te Uri o Hau 15A 11 Be Rejected FS507/9 Te Roroa 15A 11 Be Rejected Reasons for Decision 1. The Panel considers that the policies are appropriate in achieving the purpose of the RMA, and is in accordance with section 5 of Part 2 of the RMA, as it provides for the sustainable management of Maori Land. 2. The Panel considers that the removal of reference to improved environmental outcomes in Policy 15A.6.5 would not provide for the protection and enhancement of significant habitats and sites and given the multiple land ownership situation of Maori would not achieve the outcome 15A. 8.2 which seeks to utilise land in a sustainable and culturally appropriate manner. 3. The Panel considers that the inclusion of the terms matauranga maori and tikanga in Policy is appropriate as it acknowledges the difference in the way Maori Land is managed in comparison with other land within the District Change required to Chapter 15A as a result of Decision No change is required Consequential Amendments No consequential amendments are required. 4.4 [PAN 15A.4] Methods A submission was received suggesting that paragraph 2 within section 15A.7.2 should be amended to use consistent wording with other chapters of the Plan Decision That submission: Submission Point Submitter Name Hearing Report Page Decision 118/37 Kaipara District Council 15A 11 Be Accepted Reasons for Decision 1. The amendments suggested by the submitter will provide improved clarity and consistency to the general public and practitioners using the Plan. 31 August 2011 // Page 11

14 Chapter 15A Maori Purposes Maori Land Decision Report Changes to Chapter 15A as a result of Decision [Amend paragraph 2 of section 15A.7.2 (Other Methods) as follows] Promotion of voluntary protection mechanisms regarding heritage, cultural, ecological and landscape areas/items (e.g. Biodiversity Fund and Heritage Assistance Fund, Landcare Officer) as identified in the Kaipara District Council s Annual Plan & Long Term Council Community Plan ( LTCCP ) Consequential Amendments No consequential amendments are required. 4.5 [PAN 15A.5] Outcomes A number of submissions seek to include an outcome which more specifically recognises that landuse and development opportunities should provide for improved social, economic and cultural outcomes to Maori Decision That submissions: Submission Point Submitter Name Hearing Report Page Decision 137/72 Meridian Energy Limited 15A 12 Be Accepted FS498/206 Northpower Limited 15A 12 Be Accepted FS505/8 Te Uri o Hau 15A 12 Be Accepted FS507/8 Te Roroa 15A 12 Be Accepted Reasons for Decision 1. The Panel considers that the policy is appropriate in achieving the purpose of the RMA, and is in accordance with section 5 of Part 2 of the RMA, as it provides for the sustainable management of Maori Land in a manner that provides for the well-being of Tangata Whenua while protecting the environment from adverse effects. 2. The Panel believes the new outcome will guide decision makers as to the type of outcomes envisaged for this zone Changes to Chapter 15A as a result of Decision [Add new outcome (15A.8.5) to Section 15A.8 (Maori Land Outcomes) as follows] 15A.8.5 Maori Land is developed in a way that provides for the social, economic and cultural benefit of Tangata Whenua Consequential Amendments No consequential amendments are required. 31 August 2011 // Page 12

15 Chapter 15A Maori Purposes Maori Land Decision Report 4.6 [PAN 15A.6] Decisions on submissions where no Decision is sought A number of submissions were received that related to the Chapter, but did not request a specific change to the Plan Decision That submissions: Submission Point Submitter Name Hearing Report Page Decision 117/18 McShane, Owen 15A 7 Be Rejected FS505/7 Te Uri o Hau 15A 8 Be Accepted FS507/7 Te Roroa 15A 8 Be Accepted FS478/1 Larsen, Jonathan 15A 8 Be Rejected FS504/1 Harris, Peter and Raewyn 15A 8 Be Rejected FS511/21 Farmers of New Zealand Inc.; Kaipara Citizens and Ratepayers Association Inc. Pouto Topu A Trust 15A 8 Be Rejected Reasons for Decision 1. Submissions where no specific relief is sought have been rejected by the Panel Changes to Chapter 15A as a result of Decision No change is required Consequential Amendments No consequential amendments are required. 31 August 2011 // Page 13

16 Chapter 15A Maori Purposes Maori Land Decision Report 5 Consequential Amendments as a Result of Decisions on Other Chapters The following changes have been made to Chapter 15A as a result of decisions on other Chapters of the Plan:- Decision Reference PAN Decision Report 31 August 2011 // Page 14

17 Appendix 1 Decisions Version of Chapter 15A Maori Purposes: Maori Land

18 15A Maori Purposes: Maori Land 15A.1 Introduction / Resource Description Maori Land is land owned by Maori and administered by the Maori Land Court under Te Ture Whenua Maori Act 1993 (Maori Land Act). It is essentially land which has never passed out of Maori ownership and is often held by a particular hapu or whanau. The term Maori Land refers to both Maori Customary Land and Maori Freehold Land. Maori Customary Land is that for which the ownership has never been determined and is accordingly not held in a Title. It is vested in the Crown but held by Maori and managed accordingly to tikanga Maori (traditional customss and uses). Maori Freehold Land is land owned by Maori people but is not Maori Land in the technical sense although it is sometimes administered by the Maori Land Court under Sections of the Maori Land Act. Transactions involving Maori Land are required to be dealt with by the Maori Land Court and the land cannot be removed from Maori ownership without the Court's approval. Accordingly, Maori Land is administered and regulated under a separate system to land held in general Title. The unique nature of Maori Land is characterised by: Additional legislative requirements and controls under the Maori Land Act; Uncertainties in land succession; Multiple ownership; Difficulty in access; Cultural and spiritual values and the relationship of Maori to their ancestral land; and Land uses unique to the Maori culture. Council is committed to working with others including government, Maori Land Court, Quotable Value NZ, other Councils and Te Puni Kokiri to find solutions to the challenges facing Maori Land. Given the unique legislative, managerial and cultural requirements of Maori Land, a separate Zone for Maori Land has been applied in the Kaipara District. Council is committed to working with others including government, Maori Land Court, Quotable Value NZ, other Councils and Te Puni Kokiri to find solutions to the challenges facing Maori Land. Hapu and iwi consider all land within their traditional rohe to be ancestral land even though the vast majority has been progressively alienated from Maori ownership since the time of colonisation. This alienation is a major contributing factor in the position of Maori in most socio-economic statistics. Council recognises Maori have a special relationship with their ancestral land. It is not seen in terms of its productive or commercial value alone. For Maori it is taonga tuku iho, heritage from the past for present and future generations, establishes tribal and personal identity, is a resting place for the dead and an important source of spiritual strength. The Kaipara District contains around 230 blocks of Maori Land. They vary in size with the largest being the 2,981ha Pouto Topu A Block on the Poutoo Peninsula. The combined area of Maori Land is around 9,600ha which represents just over 3% of the total District Land Area. Although blocks of Maori Land are present across the District they tend to be concentrated in a few localities. These localities are Waipoua, Kaihu, Pouto, Ounawhao, Tinopai and Oruawharo. Maori Land in the Kaipara District has Rules specifically designed to addresss the unique characteristics of Maori Land 15A.3 Before you use this Chapter of the Di istrict Plan, check: That thee property for development is located in this Zone (Mapp Series 1). If the property has an environmental overlay on itt (Map Series 1). If the property has a special site, area, a feature or management unit on it (Map Series 2) (if it does, you need to look at the relevant Chapter for that site, area, feature or unit first). Figure 15A-11 sets out the steps you need to take if you propose too undertake an activity or development on a propertyy in the Maori Land Zone. In summary, if your proposal is for an activity (development), you start by checking whether it meets the Performance Standards of Section inn this Chapter.. If you don t meet m these Standards your proposal will need Resource Consent to allow you to do it. How much information Council will needd in considering your Consent applicationn depends on the Activity Status of your Consent. Firstly, you will need to consider the matters that the District Plan has identified for the Performance Standards, in Section 15A.10. In considering a Resource Consent application Council will exercise its discretion (Discretionary Activities) or will w limit its discretion to those matters identified (Restricted Discretionary Activities) in orderr to consider how h the activity contributess to or is not contrary to the Objectives s and Policies of the Plan. If the proposal is a Discretionary or Non-Complying Activity largee or complexx, you might also will need to consider whether the proposal meets the Objectives and a Policies off this Chapterr and of the Plan, particularly of Part A,, and the relevant for the overall District and for those Part II2 matters of the Resource Management Act See Section of the District Plan for a summary of the Status of Consents. If you need to prepare a Resource Consent application for your proposed development or subdivision: Council has prepared a guide that sets out the process and information theyy want to assist them in processing your y application. This guide can be obtained fromm Council s offices or their website: Reference should also bee made to other relevant Chapters of the Plan, particularly their Objectives and policies, including: Chapter 2: District D Wide Resource Management Issues; Chapter 3: Land Use and Development Strategy; Chapter 4: Overlays; O Chapter 5: Tangata Whenua Strategy; Chapter 6: Ecological Areas; and Chapter 7: Natural N Hazards. Issues, Objectives and Policies within each e Chapterr of the Plan are a presentedd in no particular order of importance. Providing for f Maori Activity Specific Maori activities anticipated in the Maori Land Zone include marae and papakainga. These activities support the trend in recent years y of the return of Maori people to their land. This trend is expected to continue. c Papakainga is generally a cluster of homes on Maori Land and is traditionally t viewed as beingg more than housing, rather it is a place providedd to enhancee whanau or hapu economic, social, cultural c and environmental wellbeing. Chapters 3 and 4 identify the outcomes being sought in the Zones and Overlays Figure 1-2 in Chapter 1 provides a summary of how to use this District Plan Specific Maori Land uses anticipated onn Maori Land include Marae and Papakainga 15A.2 How to Use This Chapter of the District Plan This Chapter does not specify what land uses can or cannot be done in this Zone. Instead it sets Standards to make sure that the effects of activities are within an acceptable level for the Maori Land Zone (and where appropriate for the Overlay environments). It is expectedd that papakainga will be supported by buildings, facilities or structures which enable Maori to live on their land includingg kaumatua housing, kohanga reo or kura, recreational facilities, whare karakia or urupa as well w as small scale retail/commercial use.. It is noted that the Maori Land Court is responsible r for determining applications for partition or subdivision of Maori Land under Te Ture Whenua Act 1993, accordingly, no subdivision provisions are included in the District Plan P for Maori Land. Papakainga is housing for Maori on Maori Land As long as the Standards are met, landowners have flexibility on what activities they do on their property. For example, Marae and Papakainga are permitted on Maori Land so long as they meet the Performance Standards for matters such as noise, density, setbacks, height, access, traffic generation, earthworks etc. However, if someone wants to exceed proposes development or activities that do not meet the Standards, they will need to apply to do the work (lodge a Resource Consent). Council has an opportunity to approve or decline the Consent and to set some conditions on how the activity is done. PROPOSED KAIPARA DISTRICT PLAN - DECISIONS VERSION - OCTOBER 2011 Page 15A-1

19 Figure 15-1: How to Use this Chapter: Activity 15A.4 Maori Landd Issues [This Figure has been replaced in its entirety and the changes are not specifically identified] 15A.4.1 Current usee of Maori Land may nott provide for the social and a economic wellbeing of Tangata Whenua over time. Under-utilisation of Maori Land often occurs as a result of complex tenure arrangements, a shortage of empowered kaitiaki and restricted access. A shortage of empowered kaitiaki to actively manage Maori Land does not n help matters. Rules need to provide a flexible approach to enable the most sustainable land use. The Objectives, Policies and Methods (Rules) of the District Plan seek to address these issues 15A.4.2 Marae are for the community in partnership with mana whenua and need to provide for a mix of activities to enable themm to function as a centres off cultural, social and economic activity. Marae are not n used exclusively by Maori but are also used as meeting m places, evacuationn centres or social support service areas during emergencies such as floods and severe storms and as venues v for a wide range of o community events. A mixx of activities is required to enable the marae to develop its focus as the centree of te oranga tangata (social, educational, health, cultural and economic) activities. 15A.4.3 In order forr Tangata Whenua to return to their ancestral landd in a safe and sustainable manner appropriate employment, housing and associatedd infrastructure is required. Many buildings in the Maori Land Zone are old and in disrepair, often with inadequate infrastructure. New development should address inadequacies in existing infrastructure wheree possible, including safe access for emergency vehicles and the effectivee disposal of treated wastewater. Investment in infrastructuree is required as to fully realise economic opportunities. 15A.4.4 The ability of o Tangata Whenua to exercise their rights under Te T Tiriti o Waitangi and too be kaitiaki under the Resource Management Actt For Te Uri o Hau and Te Roroa the exercise of rangatiratanga andd kaitiaki through the abilityy to manage and care for their lands and waters andd their treasures, ecosystems, waahi tapuu and other taonga using their own practices and customs is paramount. Tangata Whenuaa have a special relationship with their ancestral lands and need d a degree of autonomy ass long as adverse effects beyond the boundaries of Maori Land are a avoided, remedied or mitigated as appropriate. 15A.4.5 The ability of Tangata Whenua to utilise u matauranga maori and tikangaa to avoid, remedy and mitigate actual or potential effects on o the environment resulting from changes in land use and development. If not undertaken appropriately any change in land use or development has the potential for adverse effects. Maori have numerous mechani isms for managing adverse effect on their land resulting from land use activity and a development. These include rahui,, used as dictated by matauranga maori (traditional environmental knowledge) ) and tikanga (policies, procedures and processes p for r implementation). These should be considered c byy Council when assessing applications for Resource Consent for use or developmentt of Maori Land. 15A.5 Maori Landd Objectivess 15A.5.1 To enable Maori M of the District to maintain m and society, in order that their wellbeing (mauri), Principles of o the Treaty of Waitangi. enhance their culture, traditions, economy and health (waiora) and ability to implement the Issues 15A.4.1 and 15A.4.4 and 15A A.5.2 To enable the development and maintenance of new and existing papakainga and marae. Issues 15A.4.2 and 15A.4.3 and 15A A.5.3 To sustainably manage enable the use and development of Maori Land in a manner which enables allows Tangata Whenua to provide for their social, economic, and culturall wellbeing and for their health and safety while safeguardingg ecosystems and sustaining important sites and resources and avoiding remedying and mitigating adverse effects of activities on the environment. Issues 15A.4.1 and 15A A.6 Maori Landd Policies 15A.6.1 By encouraging the settlement andd utilisation of Maori Land in accordance with matauranga m maori and tikanga. Traditional environmental e practices such as rahui, used as dictated by matauranga maorii (traditional environmental knowledge) e) and tikangaa (policies, procedures andd processes for implementation) have been used byy Tangata Whenua to guidee settlement patterns in the Kaipara District for centuries. Objectives 15A.5.1 and 15A.5.3 The active use of these practices will also support the improvement of cultural knowledge and wellbeing between generations and the concept of Maori kaitiakitanga over the land. PROPOSED KAIPARA DISTRICT PLAN - DECISIONS VERSION - OCTOBER 2011 Page 15A-2

20 15A.6.2 To provide Tangata Whenua the opportunity to establish papakainga and marae as they consider appropriate, subject to compliance with relevant Performance Standards, particularly Health and Safety Standards, while ensuring that the physical needs of the settlement, in terms of access, water supply and stormwater and sewage wastewater disposal can be met without adverse effects on the environment. Papakainga and marae, can be designed and managed in a manner that avoids remedies or mitigates effects external to the site. Appropriately designed papakainga and marae are necessary for Maori to be re-associated with their ancestral lands. Existing papakainga and marae need to be able to expand and existing housing stock to be upgraded or replaced as families return home. By returning control of internal design, amenity and living environments as far as possible to Tangata Whenua, and assessing any effects on amenity generally in terms of effects beyond the boundaries of the site, Council will provide Tangata Whenua with the opportunity to exercise their kaitiakitanga over their lands. 15A.6.3 By recognising existing and future marae as central and essential to Maori culture, tradition, society and economy and of benefit to the District as a whole. Marae on Maori Land are central to Maori culture and recognition of the role they play in this regard is a matter of national importance in Part II2 of the Resource Management Act They play an important part in supporting the social and cultural wellbeing of Maori. Objective 15A.5.2 Objectives 15A.4.2 and 15A A.7.2 Other Methods Provide information on values associated with properties e.g. landscapes, cultural, ecological sites etc Promotion of voluntary protection mechanisms regarding heritage, cultural, ecological and landscape areas/items (e.g. Biosecurity Fund and Heritage Assistance Fund, Landcare officer) as identified in the Kaipara District Council s Annual Plan and Long Term Council Community Plan (LTCCP) Educational material/guidelines that demonstrate methods for avoiding, remedying or mitigating potential adverse effects of subdivision and development The Kaipara District Council Engineering Standards Industry Codes of Practice or Environmental Manuals relevant in the Maori Land Zone, which can be used as guidelines for setting conditions on Resource Consents Assistance with investigations into the sustainable utilisation of Maori Land. 15A.6.4 By providing assistance to landowners to protect and enhance sites, resources and features of cultural value (e.g. waahi tapu, tauranga waka, mahinga kai, mahinga mataitai, mahinga kaimoana and taonga raranga). Providing for the protection and enhancement of sites, resources and features of cultural value is important to Maori and the wider community. This policy will be effective during the development of land containing aspects of value to Maori where proactive dialogue between Council and iwi concerning the protection and management of valued resources and features will be initiated. Objectives 15A.5.1 and 15A Requirements under other legislation, including: Local Government Act 2002; 15A.6.5 By providing for a range of activities, particularly where they can demonstrate a better environmental outcome than the existing land use, including enhancement of significant habitats and sites (e.g. waahi tapu) and protection of important values and characteristics. Tangata Whenua desire improved environmental outcomes during development of Maori Land. This will be achieved through Resource Consent conditions that are respectful of traditional practices and access to incentives such as the biodiversity fund. Objectives 15A.5.1 and 15A.5.3 Local Government (Rating) Act 2002; Building Consents under the Building Act 2004; National Environmental Standards; Kaipara District Council Bylaws; Te Uri o Hau Claims Settlement Act 2002; and Te Roroa Claims Settlement Act Other relevant documents: 15A.6.6 By empowering kaitiaki to monitor the environmental effects of Maori Land use and development using culturally appropriate mechanisms and processes Monitoring the effects of established development is an important part of providing Maori with Kaitiakitanga over Maori Land. This gives Tangata Whenua more flexibility and autonomy in managing the effects of established development on their land. Kaitiakitanga is of high importance to Tangata Whenua and specifically provided for in the Resource Management Act A.6.7 By providing flexibility for use and development of Maori Land that results in a pattern and density of land use appropriate to the locality (including sensitive receiving environments and neighbours) and in accordance with matauranga maori and tikanga. Kaitiakitanga is also further provided for when utilising traditional practices in the development of Maori Land. This gives Tangata Whenua more flexibility and autonomy in managing their land. This is of high importance to Tangata Whenua and specifically provided for in the Resource Management Act A.7 Methods The above Policies will be implemented through the following Methods: 15A.7.1 District Plan Methods The use of Rules which provides for papakainga and marae expansion, upgrade and development, subject to compliance with relevant Performance Standards and Assessment Criteria The use of Rules which allow for a range of activities within the Maori Land Zone, subject to compliance with relevant Performance Standards and Assessment Criteria Conditions imposed on approved Resource Consents where appropriate. Objectives 15A5.1 and 15A.5.3 Objectives 15A.5.1 and 15A.5.3 The Kaipara LTCCP Long Term Plan; Historic Places Act 1993; Regional Plans / Policy Statements; Kaipara District Council Reserves and Open Space Strategy; Te Uri o Hau Deed of Settlement 2000; Te Roroa Deed of Settlement 2005; Draft Te Roroa Iwi Environmental Policy Document 2008; and Memoranda of Understanding with Te Uri o Hau and Te Roroa Providing access to geological databases: Inventory and Maps of Important Geological sites and Landforms in the Northland Region shown on the NZ Land Inventory NZMS 290 (1996); Use of Climate, Soil and Crop Information for Identifying Potential land-use Change in the Hokianga and Western Kaipara Region (2003). 15A.8 Maori Land Outcomes 15A.8.1 The ability for re-association of Tangata Whenua with ancestral land. 15A.8.2 Maori Land is utilised in a sustainable and culturally appropriate manner. Issue 15A.4.1 and 15A.4.3 Issues 15A.4.2, 15A.4.4 and 15A Completion Certificates, issued under Section 222 of the Resource Management Act 1991 for the completion of works (e.g. works to provide or upgrade service facilities). 15A.8.3 The cultural values associated with Maori Land are protected and enhanced. Issue 15A.4.4 and 15A On-going monitoring of approved Resource Consent requirements. 15A.8.4 Maori Land is appropriately developed to provide suitable buildings served by effective infrastructure. Issues 15A.4.2 and 15A.4.3 PROPOSED KAIPARA DISTRICT PLAN - DECISIONS VERSION - OCTOBER 2011 Page 15A-3

21 15A.8.5 Maori Land is developed in a way that provides for the social, economic and cultural benefit of Tangata Whenua. 15A.9 Maori Land Rules a) In any instance where your property is subject to any site feature or unit (Map Series 2), and the Rules in the relevant Part C Chapter overlap with (or duplicate) a Rule in this Zone Chapter, the Rules in the Part C Chapter will take precedence; and/or b) In any instance where works in the road (road reserve) or network utility activities are proposed and the Rules in Chapter 10 and 11 (respectively) overlap with (or duplicate) a Rule in this Zone, the Rules in Chapters 10 and 11 (respectively) will take precedence. 15A.9.1 Permitted Activities The following activities shall be Permitted in the Maori Land Zone: a) Any activity complying with the Performance Standards listed in Section 15A.10 of this Chapter; and b) Any activity which is not identified elsewhere in this Plan as a Controlled, Restricted Discretionary, Discretionary or Non-Complying Activity. 15A.9.2 Controlled Activities The following activities shall be controlled in the Maori Land Zone: a) Any activity which does not meet any Performance Standard listed in Section 15A.10 of this Chapter and is listed as a Controlled Activity. Note 1: Applications from the landowner for Controlled Activities will be considered without public notification or the need to obtain the written approval of affected parties. Conditions may be imposed in relation to the matters over which control will be exercised, listed in Section 15A.10 of this Chapter. 15A.9.3 Restricted Discretionary Activities The following shall be Restricted Discretionary Activities in the Maori Land Zone: a) Any activity which does not meet any Performance Standard listed in Section 15A.10 of this Chapter and is listed as a Restricted.; b) Where listed, Restricted Discretionary Activities will be considered without notification. Note 1: Applications for Restricted Discretionary Activities may be considered without public notification or the need to obtain the written approval of affected parties. Those noted will be considered on a nonnotified basis. Note 1: Activities will be assessed against, and conditions may be imposed in relation to, those specific matters for assessment of the activity listed in Sections 15A.10 of this Chapter and the relevant Objectives and Policies that relate to the matters for which discretion has been restricted. 15A.9.4 Discretionary Activities The following shall be Discretionary Activities in the Maori Land Zone: a) Any activity which does not meet any Performance Standards listed in Section 15A.10 of this Chapter and is listed as a. Applications for Discretionary Activities will be assessed against, but not restricted to, the assessment criteria listed in Section 15A.10 of this Chapter and the Objectives and Policies of this Chapter. 15A.9.5 Non-Complying Activities No activity shall be Non-Complying in the Maori Land Zone. Issues 15A.4.1 and 15A.4.2 PROPOSED KAIPARA DISTRICT PLAN - DECISIONS VERSION - OCTOBER 2011 Page 15A-4