002-pir-21 august 2014
TRANSCRIPT
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Hearing Topic
002 E-Plan & MiscellaneousParties and Issues ReportReleased on 21 August 2014 for the Pre-Hearing Meeting
This report includes information and documents related to the hearing pathway for
this topic. Reference needs to be made to this report to find out 1) the parties, 2)
the proposed pathway and 3) documents and information for this topic.
Pre-Hearing
Meeting
2 September2014
Full Panel
Mediation
not required
Expert
Conferencing
not required
Hearing
Tentative date 25-
26 September
2014
Full Panel
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Table of Contents
1. Hearing topic information ............................................................................................ 2
1.1 The Hearing Topic .......................................................................................................... 2
2. Submissions received and proposed hearing pathway ............................................ 4
2.1.Parties to this topic ......................................................................................................... 4
2.2.Submission Points Pathway Report (SPP) ..................................................................... 4
2.3 Grouping of submissions ................................................................................................ 4
2.4 Parties required to attend the pre-hearing meeting ......................................................... 8
3. Identifying the hearing pathway for submissions...................................................... 9
3.1 Submitters who wish to be heard ................................................................................... 9
3.2 Submitters who do not wish to be heard ......................................................................... 9
3.3 Submission points relating to minor errors and changes ................................................ 9
3.4 Further submissions ....................................................................................................... 9
3.5 Further information ......................................................................................................... 9
4. Documents from the pre-hearing and hearing pathway .......................................... 10
4.1 Hearing pathway documents ........................................................................................ 10
4.2 Independent expert evidence ....................................................................................... 10
5 Summary of pre-hearing pathway outcomes ........................................................... 11
5.1 Pre-hearing meeting outcome ...................................................................................... 11
5.2 Expert conferencing outcomes ..................................................................................... 11
5.3 Mediation outcomes ..................................................................................................... 115.4 Recommendations on minor errors and changes ......................................................... 12
5.5Agreements reached between parties outside of formal mediation or experts
conference pathway ............................................................................................................ 12
5.6 Connecting the outcomes from pre-hearing and hearing pathways .............................. 12
6 Hearing Session ......................................................................................................... 13
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1. Hearing topic information
PLEASE READ
Important Jurisdictional Note
Most submission points (except for points allocated to the Eplan and Geographic
renaming pathways) allocated to this hearing topic raise matters that the
Independent Hearing Panel (the Panel) consider to be out of scope. Out of scope is
a term used to identify matters that cannot be included in the Proposed Auckland
Unitary Plan because they are outside of the jurisdiction of the Panel under the Local
Government (Auckland Transitional Provisions) Act 2010 and the Resource
Management Act 1991.
The implication of your submission point being confirmed by the Independent
Hearings Panel as out of scope is that a recommendation to reject your submission
point will be made to Auckland Council by the Hearings Panel following the hearing
on this topic.
If you disagree that your submission point is out of scope you are strongly
encouraged to attend the pre-hearing meeting to speak to this jurisdictional matter.
1.1 The Hearing Topic
The information provided below outlines the subject, Proposed Auckland Unitary Planprovisions and relevant matters to be considered for this topic.
HEARING TOPIC - 002 E-Plan and Miscellaneous
This topic relates to submissions:
regarding the functionality of the E-Plan of the Proposed Auckland UnitaryPlan, and
that are outside the scope of the Proposed Auckland Unitary Plan or beyond
the jurisdiction of the Hearings Panel.
Proposed Auckland Unitary Plan Provisions
Not Applicable
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Planning Maps:
Some E-Plan submission points relate to the functionality of Proposed Auckland
Unitary Plan on-line maps.
Overlays:
Not included in this hearing topic
Appendices: Relevant diagrams/figures:
Some E-Plan submission points relate to
the functionality of Proposed Auckland
Unitary Plan on-line appendices.
Not included in this hearing topic
Provisions that took legal effect at
notification (Section 86B RMA):
None
Proposed Auckland Unitary Plan
provisions identification (Section
80(8) RMA):
Not Applicable
OTHER RELEVANT DOCUMENTS
None
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2. Submissions received and proposed hearing pathway
2.1. Parties to this topic
The following table provides an overview to the submissions made to this topic.
Total number of primary submissionpoints
1733
Total number of primary submitters who
wish to be heard
479
Total number of further submission
points
Not available until after 5thSeptember 2014
Total number of further submitters who
wish to be heard
Not available until after 5thSeptember 2014
Further Submissions NoteAt the time of the pre-hearing meeting on 2 September
2014 the details of further submitters have not been made available by Auckland Council.
Once these details are made available on 5 September 2014 this Parties and Issues
report will be updated and further submitters allocated to submissions and any applicable
pre-hearing processes.
2.2. Submission Points Pathway Report (SPP)
The primary submission points in this hearing topic are categorised in the submissionpoints pathway report. You can find a copy to the SPP for hearing topic 002- Eplan and
Miscellaneous in theAUPIHP website.
2.3 Grouping of submissions
The Panel has directed that the submission points for this hearing topic be grouped to the
matters listed in the table below. The allocation of a submission point to a matter listed in
the table below is shown in the issue/provisions column in the submission points
pathway report (SPP).
SPP issue
column
reference
Issues raised (Refer to the
SPP to check allocation)
Panel Preliminary Position (The
matters in italics are the Panels
preliminary indication of its
approach to submission points
allocated to this issue)
Auckland Design
Manual
Request changes to content
and administration of
Auckland Design Manual
website.
Not a statutory planning matter and
is not part of the PAUP
http://www.aupihp.govt.nz/hearings/http://www.aupihp.govt.nz/hearings/http://www.aupihp.govt.nz/hearings/http://www.aupihp.govt.nz/hearings/ -
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SPP issue
column
reference
Issues raised (Refer to the
SPP to check allocation)
Panel Preliminary Position (The
matters in italics are the Panels
preliminary indication of its
approach to submission points
allocated to this issue)
Bylaws Request new bylaws or
changes to existing bylaws.
Includes Sale of Liquor Act
matters.
Outside jurisdiction of RMA
Central
Government
Request changes that relate
to legislation other than the
RMA or LGATPA. Alsoincludes requests for central
government interventions or
new policy approaches.
Outside jurisdiction of RMA
Consultation Seek additional consultation,
engagement or
communications
Auckland council matter, cannot
direct consultation.
Development
Contributions
Matters related to the taking
or use of Development
Contributions under the Local
Government Act 2002.
Outside jurisdiction of RMA, not
part of the PAUP
Economic
Development
Seek Council support for
named employment sectors or
local economic development.
Panel has no authority over funding
or projects
E-Plan Changes to E-Plan to improve
accuracy and functionality.
Refer to council
Fluoride Seek the removal of fluoride
from municipal water supply
Outside jurisdiction of RMA
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SPP issue
column
reference
Issues raised (Refer to the
SPP to check allocation)
Panel Preliminary Position (The
matters in italics are the Panels
preliminary indication of its
approach to submission points
allocated to this issue)
Geographic
naming
Seek the renaming of a
location within the Proposed
Auckland Unitary Plan maps.
Refer to council
Governance Concerns functioning of
Auckland Council
governance, overall strategy
framework, prioritisation offunding, property
management, new revenue
opportunities
Outside jurisdiction of RMA
Infrastructure &
Environment
Seek changes to Councils
asset management and
environmental management
functions. Includes assets of
Watercare Services ltd.
Excludes parks and
community facility assets and
management.
Panel has no authority over funding
or projects
Parks and
Community
Parks and community facility
assets, management and
acquisitions.
Panel has no authority over funding
or projects
Rates Matters related to rating
amounts, allocation, rebates.
Panel has no authority
Referendum Seek that Council undertake a
referendum on a variety of
issues.
No power to recommend a
referendum
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SPP issue
column
reference
Issues raised (Refer to the
SPP to check allocation)
Panel Preliminary Position (The
matters in italics are the Panels
preliminary indication of its
approach to submission points
allocated to this issue)
Section 32 Seek changes to all aspects
of the Section 32 report on the
Proposed Auckland Unitary
Plan.
Outside jurisdiction of RMA
Southern Hauraki
Gulf Islands
Requests specific to matters
excluded from the Proposed
Auckland Unitary Plan relatedto the Southern Hauraki Gulf
Islands.
Out of jurisdiction as the PAUP
district provisions do not apply to
the Southern Hauraki Gulf Islands.
Special Housing Changes specific to special
housing areas or potential
special housing areas.
Includes matters related to the
Housing Accords and Special
Housing Areas Act 2013.
Outside jurisdiction of RMA
Titles and survey Seek changes to private titles,
legislative changes related to
titles.
Outside jurisdiction of RMA
Transport/Parking Focus on transportation
infrastructure, routes,administration, and parking
structures/land. Approximately
354 submissions pertaining to
Tamaki Drive.
Outside jurisdiction of RMA
UP Administration Requests related to resource
consent operations,
Amendments to variousaspects of the Councils
Outside jurisdiction of RMA
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SPP issue
column
reference
Issues raised (Refer to the
SPP to check allocation)
Panel Preliminary Position (The
matters in italics are the Panels
preliminary indication of its
approach to submission points
allocated to this issue)
approach to generating the
Unitary Plan and allocation of
resources. Also includes
support for the use of
mediation practices in hearing
procedures.
Other Other issues outside of thescope of the Proposed
Auckland Unitary Plan
Outside jurisdiction of RMA
2.4 Parties required to attend the pre-hearing meeting
The Panel requires the Auckland Council to attend the pre-hearing meeting for this topic.Please refer to the SPP report for the specific points.
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3. Identifying the hearing pathway for submissionsTo identify the proposed hearing process (pathway) for your submission points, you need
to find your submission point(s) in the attached Submission Points Pathway report (SPP).
For further submitters please refer to section 3.4 below.
3.1 Submitters who wish to be heard
Submitters who do not agree with the proposed pathway within the SPP report need to
attend the Pre-hearing meeting.
3.2 Submitters who do not wish to be heard
Submitters who have indicated that they did not wish to be heard have been recorded as
consider in the pathway column in the SPP. These submission points will be read and
considered by the Panel during the hearing.
3.3 Submission points relating to minor errors and changes
All submission points relating to E-Plan and Geographic naming have been recorded as
refer to Council in the pathway column of the SPP. These matters will be referred
directly to the Council for its consideration. The Council will be required to report the
recommended outcomes for these submission points back to the Panel prior to the
commencement of the hearing sessions.
If the Council does not agree with the submissions being recorded as minor errors or
changes, they can refer these back to the Panel at the Pre-hearing meeting. If the Panel
agrees with the Council it will consider the submission point/s, and if the submitter
indicated they wished to be heard, re-allocate the submission point/s to mediation, expert
conferencing or to a hearing.
3.4 Further submissions
Further submission points follow the pathway of the primary submission point to which
they relate. Refer to the Further Submission Report for 002 EPlan and Miscellaneous
which is available on theAUPIHP website.(Notethis will not be available until after
the 5thof September 2014)
3.5 Further information
For further information on these hearing pathways refer to thefactsheetson mediation,
expert conferencing, pre-hearing meetings, evidence and hearings. TheHearing
Proceduresdocument also contains information on the hearing pathways.
http://www.aupihp.govt.nz/hearings/http://www.aupihp.govt.nz/hearings/http://www.aupihp.govt.nz/hearings/http://www.aupihp.govt.nz/procedures/http://www.aupihp.govt.nz/procedures/http://www.aupihp.govt.nz/procedures/http://www.aupihp.govt.nz/documents/docs/aupihphearingprocedures.pdfhttp://www.aupihp.govt.nz/documents/docs/aupihphearingprocedures.pdfhttp://www.aupihp.govt.nz/documents/docs/aupihphearingprocedures.pdfhttp://www.aupihp.govt.nz/documents/docs/aupihphearingprocedures.pdfhttp://www.aupihp.govt.nz/documents/docs/aupihphearingprocedures.pdfhttp://www.aupihp.govt.nz/documents/docs/aupihphearingprocedures.pdfhttp://www.aupihp.govt.nz/procedures/http://www.aupihp.govt.nz/hearings/ -
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4. Documents from the pre-hearing and hearing pathway
4.1 Hearing pathway documents
This section includes the agendas, meeting records and joint statements for this topic.
This table will be updated prior to the heading for this topic.
Stages of hearing pathway and
documents details
Meeting
Date
Visit the AUPIHP website
002 Eplan and Miscel laneous
Pre-Hearing Meeting 1 2 September
2014
Pre-Hearing Meeting 2
Pre-Hearing Meeting Report
Mediation 1
Mediation 2
Mediation Report / Joint
Statement
Expert Conferencing Facilitator
report
Expert Witnesses Joint
Statement
Hearingevidence
4.2 Independent expert evidence
The Panel may request independent expert evidence to assist in the understanding of
hearing topics. If the independent evidence is obtained a copy of the evidence will be
made available from the link provided below.
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5 Summary of pre-hearing pathway outcomesPlease note- Section 5.1 will be updated after the pre-hearing meeting. Sections 5.2
5.6 will be updated prior to the hearing for this topic.
5.1 Pre-hearing meeting outcome
This section provides an overview of the outcomes from the pre-hearing pathway for this
topic.
Pre-hearing meeting:
Hearings Panel direction from
pre-hearing meeting:
Changes made to the Parties and
Issues Report following pre-
hearing meeting:
5.2 Expert conferencing outcomes
Note: Expert conferencing may not be undertaken for all topics, in which case N/A has
been recorded.
Issue 1
Outcomes
Issue 2
Outcomes
5.3 Mediation outcomes
Note: Mediation may not be undertaken for all topics, in which case N/A has been
recorded.
Issue 1
Outcomes
Issue 2
Outcomes
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5.4 Recommendations on minor errors and changes
This section records the recommendations from Auckland Council in relation to thesubmissions that are coded as minor errors and changes.
Submission points
1
Recommendations
5.5 Agreements reached between parties outside of formal mediation orexperts conference pathway
This section records the agreements reached between parties which were submitted tothe Panel during the pre-hearing pathway.
Issue 1
Outcomes
Date received
5.6 Connecting the outcomes from pre-hearing and hearing pathways
The outcomes from pre-hearing pathways, or resulting from other hearing topic pathways,
may not always connect, for example:
between negotiated outcomes
with other provisions in the Proposed Auckland Unitary Plan
with outcomes from other related hearing pathways
with consequential hearing outcomes.
The connections between outcomes that need to be considered for this topic are:
Note: This is not a definitive list and does not prevent any party to raising matters in this
regard.
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6 Hearing Session
002 E-Plan and Miscellaneous
This topic will be heard by a Full Panel
Date hearing commenced: Tentative 25 and 26 September 2014
Date hearing completed: