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District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

Hearing reports index

Land unit - Conservation

Report to:	The Hearing Panel
Author:	Sarah Smith
Date:	5 August 2008
Group file:	314/274024

1.0 Introduction

This report considers submissions and further submissions ('submissions') that were received by the council in relation to land unit - Conservation of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'). The Plan was publicly notified on 18 September 2006. The closing date for lodging submissions was 11 December 2006. The submissions and summary of decisions requested were publicly notified for further submission on 29 April 2007. The closing date for lodging further submissions was 28 May 2007.

This report has been prepared under section 42A of the Resource Management Act 1991 ('the RMA'), to assist the hearings panel to consider the submissions on land unit – Conservation. This report discusses the submissions (grouped by subject matter or individually) and includes recommendations from the planner who prepared this report. The recommendations identify 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. Further submissions are not specifically addressed but are dealt with in conjunction with the submissions to which they relate.

The recommendations contained in this report are not decisions of the council. The council will issue its decisions following consideration of the submissions, further submissions, any supporting evidence presented at the hearing, and this report. The council's decisions will be released after all the hearings to the Plan have been completed.

2.0 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 were summarised by the Environment Court in Eldamos Investments Limited v Gisborne District Council W 047/05 where the court set out the following measures for evaluating objectives, policies, rules and other methods in district plans:

The objectives of the Plan are to be evaluated by the extent to which they:
1. Are the most appropriate way to achieve the purpose of the RMA (s32(3)(a)); and
2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
3. Are in accordance with the provisions of part 2 of the RMA (s74(1).
The policies, rules, or other methods in the Plan are to be evaluated by the extent to which they:
1. Are the most appropriate way to achieve the objectives of the Plan (s32(3)(b)); and
2. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
3. Are in accordance with the provisions of part 2 of the RMA (s74(1)); and
4. (If a rule) achieve the objectives and policies of the Plan (s76(1)(b)).

The purpose of the RMA is "to promote the sustainable management of natural and physical resources", and "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

Along with section 5, part 2 of the RMA includes sections 6 (matters of national importance), 7 (other matters) and 8 (Treaty of Waitangi), which set out a range of matters that the council needs to recognise and provide for in achieving the purpose of the RMA. Those 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

(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."

In addition to the matters listed above from the Eldamos decision:

The Plan must "give effect to" any national policy statement and any New Zealand coastal policy statement (s75(3)(a) and (b)).
The Plan must "give effect to" the regional policy statement (made operative after 10 August 2005) (s75(3)(c)).
The Plan must be "not inconsistent with" any regional plan (s75(4)).
The council must ensure that that the Plan does not conflict with sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 ("the HGMPA"). Section 10 of the HGMPA requires that sections 7 and 8 of that Act be treated as a New Zealand coastal policy statement under the RMA.

3.0 Background

This section of the report sets out background information about the topic under consideration. It identifies how the Plan deals with land unit – Conservation.

Land unit – Conservation is applied to a number of smaller islands, both publicly and privately owned, and land owned by the Department of Conservation (DOC) on Great Barrier, Waiheke and Rakino. This land unit is characterised by high scenic and ecological conservation values, with conservation management as the key function of the land unit, as well as having an education and recreational role on a regional and national level.

The purpose of this land unit is to enable conservation, preservation and enhancement of the natural environment while providing for appropriate educational, visitor and recreational activities.

A significant portion of land unit Conservation is managed by DOC under the Conservation Act 1987 and the Auckland Conservation Management Strategy however it is still important to recognise the need to protect the conservation values on privately owned land.

4.0 Analysis of submissions

4.1 Introduction

This section of the report discusses the decisions requested in submissions about land unit - Conservation and recommends how the panel could respond to the matters raised and decisions requested in submissions. The submissions are addressed under subject headings. While the relevant statutory matters (identified in section 2.0 of this report) will not necessarily be referred to directly, the discussion and recommendations have given appropriate consideration to these and any other relevant matters.

A list of the submissions which raise issues about land unit - Conservation together with the related further submissions is contained in appendix 1. Appendix 2 contains the summary of the decisions requested by the submissions considered in this report. Any amendments to the Plan recommended in response to submissions are identified in this section of the report and are further detailed in appendix 3.

The list of submissions contained in appendix 1 may include some submissions and further submissions which were received 'late', ie they were received after the closing date for lodging submissions (11 December 2006) or further submissions (28 May 2007). All late submissions were considered by the hearing panel at the start of the hearing process and the panel has already waived the failure to comply with the time limit for any late submissions or further submissions listed in appendix 1. This has been done in accordance with sections 37 and 37A of the RMA.

4.2 Submissions about clause 10a.25.3

Submissions dealt with in this section: 3521/111

4.2.1 Decisions requested

Submission 3521/111 seeks for policy 10a.25.3(5) to be amended to include the wording enhance and restore.

4.2.2 Planner's analysis and recommendations

4.2.2.1 Enhance and restore

The submitter seeks for policy 5 to read as follows:

By recognising the need to protect, enhance and restore the conservation values of privately owned islands in the land unit and limiting the range of activities that can occur on these.

The adding of the word "enhancing" to clause 10a.25.3(5) is supported as enhancement of the environment is appropriate in some circumstances, such as subdivision where a significant environmental feature is to be protected. However, as enhancement is not appropriate in every circumstance, it is considered that the words "where appropriate" should also be added to the policy. It is noted that the use of the term "enhancement where appropriate" is consistent with section 8 of the Hauraki Gulf Marine Park Act.

Adding the word "restoring" to clause 10a.25.3(5) is not supported as restoration of a natural feature or area is more likely to be the result of a private initiative rather than the result of the provisions of the Plan. It is also considered that "restoration" is provided for by the term "enhancement".

In addition, the objective of the land unit is to enable the enhancement of the natural environment, therefore it is appropriate to include the word "enhancement" in the policy.

Therefore it is recommended that submission 3521/111 be accepted in part.

Planner's recommendations about submissions seeking changes to clause 10a.25.3

That submission 3521/111 be accepted in part and that clause 10a.25.3(5) be amended accordingly to state:

By recognising the need to protect and enhance, where appropriate, the conservation values of privately owned islands in the land unit and limiting the range of activities that can occur on these.

4.3 Submissions about clause 10a.25.5

Submissions dealt with in this section: 1243/74, 2517/1, 2517/3, 3574/1

4.3.1 Decisions requested

Submission 1243/74 seeks to retain pastoral farming as a permitted activity.

Submission 2517/1 seeks to include the following activity as a permitted activity:

Authorised concessions approved under Part 3B of the Conservation Act 1987 (including farming concessions) that do not require new built structures, earthworks greater than 50m2 or as part of a pasture renewal programme, or native vegetation clearance.

Submission 2517/3 seeks to include the following activity as a permitted activity:

Authorised concessions (approved under Part 3B of the Conservation Act 1987) that do not require new built structures, earthworks or native vegetation clearance.

It is thought that, as the above two sub parts are very similar that there has been an error in the submission and that the following activity was meant to be included in the 'I seek' section of the submission instead of the above twice: (as the below was discussed in the body of the submission)

DOC structures, facilities and operations (including all associated vegetation clearance and earthworks) undertaken in accordance with its functions under the Conservation Act 1987.

It is therefore considered that submission 2517/3 can be changed to:

Seeks to include the following activity as a permitted activity:

DOC structures, facilities and operations (including all associated vegetation clearance and earthworks) undertaken in accordance with its functions under the Conservation Act 1987.

4.3.2 Planner's analysis and recommendations

4.3.2.1 Pastoral farming

It is recommended that submission 1243/74 be accepted as it supports the pastoral farming activity in this land unit.

4.3.2.2 Authorised concessions

A concession is an official authorisation to operate in an area managed by the Department of Conservation (DOC). For example, a concession is required for accommodation facilities, commercial education or instruction activities and restaurants. DOC has a concession system in place which comprises of four different processes for considering concession applications:

One-off process.
Re-issue process.
Low-impact process.
High-impact process.

The process an application will go through is determined by the effects on conservation values, effects on the environment, interest in the land and the duration of the activity.

Section 17S of the Conservation Act 1987 sets out the required content of a concession application which includes a description of potential effects of the proposed activity and any actions which the applicant proposes to take to avoid, remedy, or mitigate any adverse effects. It also states that the Minister may require an applicant to supply further information including the preparation of an environmental impact assessment in the form set out in Schedule 4 to the Resource Management Act.

In considering whether or not to grant a concession the Minister must have regard to the effects of the activity, structure or facility, among other things. In assessing the application, DOC considers its two main areas of concern are:

Whether the proposal complies with, or is consistent with, the management plan or the conservation management strategy for the area.
Whether there are any significant negative effects on the environment.

In granting any concession the Minister has the power to impose and enforce conditions on the activity, structure or facility.

Therefore DOC have an adequate system in place to assess applications for concessions and if no buildings are proposed then it is considered that there is no need for a resource consent providing it complies with the development controls including the earthworks and vegetation clearance controls. It is necessary for the Plan to control buildings and require a resource consent as DOC's concession system does not consider the visual amenity effects of buildings.

It is therefore recommended that the following activity be added to the activity table as a permitted activity:

Activities approved as an authorised concession approved under Part 3B of the Conservation Act 1987 (excluding any built structure).

4.3.2.3 DOC structures, facilities and operations

The submission states that the list of activities does not include a number of other DOC activities and facilities that are essential conservation related activities including:

Bunkhouses
Toilets
Utility buildings (i.e. for generators, machinery, hazardous materials etc)
Bio-security buildings
Viewing platforms
Helicopter flights for fire fighting, pest eradication and other operational requirements.

It seeks for the inclusion of DOC structures, facilities and operations as a new activity with the following definition:

Includes all operations, visitor and accommodation facilities (including staff accommodation), helicopter flights, walking tracks, walkways, boardwalks, staircases, huts and bunkhouses, toilets, utility buildings (including hazardous materials storage), viewing platforms, species translocation, pest eradication and weed control (including the use of approved toxins) and any other structures and facilities necessary to achieve DOC's functions under the Conservation Act 1987.

It is considered appropriate to allow DOC to carry out activities that are required to achieve conservation outcomes. The council wants to encourage the conservation of Auckland's natural and historic heritage and to allow DOC to undertake conservation activities to achieve their functions under the Conservation Act.

DOC is the central government organisation responsible for the conservation of our natural and historic heritage in New Zealand on behalf of and for the benefit of present and future New Zealanders. Due to this mandate to protect conservation values it is considered appropriate to allow conservation activities to occur as of right. DOC's mission is "to conserve New Zealand's natural and historic heritage for all to enjoy now and in the future."

It is also considered appropriate to exempt DOC accessory buildings and camping facilities from requiring a restricted discretionary resource consent for the construction of buildings.

It is considered appropriate to include DOC activities in the activity table as a permitted activity as the key potential issues are sufficiently dealt with in other parts of the Plan or through other policies. These key potential issues are discussed further below:

Sedimentation in waterways and soil erosion

The Plan still requires all activities to undertake earthworks using erosion and sediment control measures to ensure that, in so far as practicable, soil erosion is minimised and sediment does not enter into wetlands or water bodies.

Visual amenity and protecting natural character

As all buildings except for tramping huts require a restricted discretionary consent in the Plan as notified, the council is able to assess the effect an activity will have on visual amenity. DOC also must comply with ridgeline controls and building yards.

Mitigating natural hazards

The Department of Conservation has its own general policy on natural hazards. The Conservation General Policy section 8 Natural hazards states:

"8 (a) Management for natural hazards on public conservation lands and waters: should be undertaken with minimal interference to natural processes, natural resources, and historical and cultural heritage; should be consistent with the purpose for which the land is held; and will include an assessment of the risks to people, places and property.

8 (b) When a high level of risk to people, places or property from a natural hazard on public conservation lands and waters has been identified, a hazard and risk management plan should be developed by the Department, identifying options to address risks, and interested people and organisations will be informed of any proposed actions.

8 (c) The Department should provide information to enable people to assess the risks from natural hazards that may occur on public conservation lands and waters.

8 (d) People will be responsible for their own decisions on the risks that they are prepared to take arising from natural hazards on public conservation lands and waters.

8 (e) The Department may notify the closure of any part of public conservation lands and waters to public entry when it considers there to be imminent danger to people and property that cannot be reasonably avoided by other means."

It is therefore considered that DOC is not going to undertake activities that will accelerate, worsen or result in a natural hazard.

Therefore it is considered appropriate that the following activity be included in the activity table as a permitted activity:

Activities that are necessary to achieve the Department of Conservation's functions under the Conservation Act 1987 and are consistent with the conservation management strategy, conservation management plan or management plan established under the Conservation Act 1987 or any other Act specified in Schedule 1 of that Act.

This will enable DOC to perform conservation activities without council involvement and the added cost of resource consents. This will allow more funds to be spent on conservation activities instead of consents.

4.3.2.4 Submission 3574/1

Submission 3574/1 is supported in part as far as it supports the amendments recommended above.

Planner's recommendations about submissions seeking changes to clause 10a.25.5

That submission 1243/74 be accepted with no amendments to the Plan.

That submission 2517/1 be accepted in part and clause 10a.25.5 be amended to add a new activity:

Activities approved as an authorised concession under Part 3B of the Conservation Act 1987 (excluding any built structure).

That submission 2517/3 be accepted in part and clause 10a.25.5 be amended accordingly:

to add the following activity:

to remove listed DOC activities as a consequential amendment.
to amend the activity table as follows:

The construction and relocation of buildings, excluding DOC tramping huts, DOC accessory buildings and DOC camping facilities, but including buildings used for any of the other activities listed in this table

That submission 3574/1 be accepted in part with no amendments to the Plan.

4.4 Submissions about clause 10a.25.6.1

Submissions dealt with in this section: 1578/1, 2517/4

4.4.1 Decisions requested

Submission 1578/1 seeks for the Plan to have appropriate controls in place for all DOC activities relating to earthworks and indigenous vegetation clearance to the same level as for ordinary landowners, depending on the land zone and for the construction of huts and walking tracks.

Submission 2517/4 seeks for clause 10a.25.6.1 to be amended to read:

Any earthworks or removal of indigenous vegetation associated with ~~construction of walking tracks and undertaken by DOC or DOC approved contractors~~ DOC structures and facilities undertaken in accordance with its functions under the Conservation Act 1987.
Any earthworks or removal of indigenous vegetation required for ~~DOC hut construction and undertaken by DOC or DOC approved contractors~~ DOC structures and facilities in accordance with its functions under the Conservation Act 1987.

4.4.2 Planner's analysis and recommendations

4.4.2.1 DOC, earthworks and vegetation clearance

Clause 10a.25.6.1 exempts DOC walking tracks and huts from complying with the standards in part 10c – Development controls relating to earthworks and indigenous vegetation clearance.

It is considered that the council should be encouraging the conservation activities that are undertaken by DOC and therefore it is appropriate to exempt DOC activities from earthworks and indigenous vegetation removal.

It is therefore recommended that submission 2517/4 be accepted in part and that clause 10a.25.6.1 be amended to exempt all conservation activities from the earthworks and vegetation clearance provisions in part 10c of the Plan.

There is still a requirement for DOC to undertake erosion and sediment control to prevent sedimentation in waterways and minimise soil erosion.

Due to DOC's mandate as discussed above, it is considered appropriate to give DOC fewer restrictions as their existence is about protecting and conserving the natural environment and therefore it is considered that DOC will not undertake an activity that will have significant adverse effects on the environment. It is recommended that the rule be worded to permit activities that are required for DOC to carry out its functions under the Conservation Act. This would mean that any other activity would require consent.

Accordingly, it is recommended that submission 1578/1 be rejected.

Planner's recommendations about submissions seeking changes to clause 10a.25.6.1

That submission 1578/1 be rejected.

That submission 2517/4 be accepted in part and the Plan be amended accordingly to state:

10a.25.6.1 Earthworks and vegetation clearance associated with activities ~~track and hut construction~~ on land owned or managed by DOC

The following permitted activities are not required to comply with the standards in part 10c – Development controls for land units and settlement areas, relating to earthworks and indigenous vegetation clearance:

1. Any earthworks or removal of indigenous vegetation associated with activities that are necessary to achieve the Department of Conservation's functions under the Conservation Act 1987 ~~construction of walking tracks~~ and undertaken by DOC or DOC approved contractors.

~~2. Any earthworks or removal of indigenous vegetation required for DOC hut construction and undertaken by DOC or DOC approved contractors.~~

All earthworks described above must be undertaken using erosion and sediment control measures to ensure that, in so far as practicable, soil erosion is minimised and sediment does not enter into wetlands or water bodies. For information on how to achieve this refer to appendix 16 – Erosion and sediment control guidelines for earthworks.

4.5 Submissions about privately owned land

Submissions dealt with in this section: 1119/2, 1119/3

4.5.1 Decisions requested

These submissions seek for changes to land unit Conservation to support the outcomes sought by the submitter by:

Creating a second set of objectives, policies and rules for privately owned conservation land; or

Having separate rules for privately owned and publicly owned land.

Submission 1119/2 also seeks for the activity table to be amended to provide for appropriate use of privately owned land.

4.5.2 Planner's analysis and recommendations

4.5.2.1 Changing the objectives and policies

The outcomes the submitter seeks are for appropriate recreation related activities to be provided for on privately owned conservation land.

The objective, as notified, states:

"To ensure that the land unit is appropriately managed to enable conservation, preservation and enhancement of the natural environment along with appropriate educational, visitor and recreational activities."

The objective directly provides for recreational activities and therefore it is not necessary to amend the objective to achieve appropriate recreational outcomes as sought by the submitter.

The policies of this land unit could be made clearer to state that appropriate recreational activities are provided for, as recreational activities are a valuable part of this land unit.

The Department of Conservation's (DOC) mission is "to conserve New Zealand's natural and historic heritage for all to enjoy now and in the future". Similarly, private landowners of conservation land also have the same desire to enjoy their land.

Therefore it is important for passive recreation activities to be provided for in this land unit so that the land can be used and enjoyed at the same time as protecting the land and providing educational benefits.

It is therefore recommended that a new policy be added to clause 10a.25.3 stating:

By providing for passive recreation activities to establish and operate in this land unit.

Policy (3) ensures that the potential impacts arising for recreational activities on the islands do not detrimentally impact upon or affect the natural and environmental values of the islands.

Therefore it is recommended that submission 1119/3 be accepted in part.

4.5.2.2 Second set of objectives, policies and rules

Currently the objective and policies for this land unit apply to both publicly and privately owned land. The council's intentions for conservation land, whether it be privately or publicly owned is the same – to allow for the conservation of the natural environment along with appropriate activities.

The policies provide for the protection of conservation values on both privately and publicly owned land. Aside from the recommendation above to include a new policy, it is considered that the policies achieve the objective for both private and public land.

Therefore it is considered unnecessary to provide a second set of provisions for privately owned conservation land in this land unit as it would just be repeating the existing provisions.

4.5.2.3 Providing for appropriate use of privately owned land

The submitter seeks for the activity table to be amended to provide for appropriate use of privately owned conservation land. In particular, to provide for activities that enable the passive recreation use of the land.

The recreation activities that are provided for in the rules – activity table as notified are:

DOC tramping huts
DOC walking tracks
Camping facilities.

There is a lack of provision for recreational activities on land that is not owned by DOC. It is considered that some passive recreation activities can be established and operate simultaneously with conservation activities without compromising the conservation values of the islands.

As discussed above, it is important for people to be able to use and enjoy the land. Therefore it is recommended that the following activities be added to the activity table.

Walking tracks

It is appropriate to provide for walking tracks on privately owned conservation land as well as public land. The development controls in part 10c of the Plan provide sufficient control over the potential effects. In any case, even though walking tracks would be a permitted activity it is most likely that a resource consent would be required due to coastal protection yards which do not allow earthworks or buildings in the specified area.

It is noted that DOC has requested that walking tracks, boardwalks and staircases be exempt from the coastal, wetland and water body protection yards, however this will be addressed in the Part 10c report.

Due to the development controls of the land unit, a walking track would be permitted only to a certain size. Vegetation clearance and earthwork controls prevent a large scale walking track without assessment as a discretionary activity (an application to infringe a development control is a discretionary activity.). Due to the permitted scale being relatively small and the existence at ground level, the visual effects are considered to be minor.

Therefore it is considered that walking tracks be added to the activity table as a permitted activity.

Observation areas, viewing platforms and related structures

A viewing platform and other related structures are buildings by definition, and as the construction of buildings is a restricted discretionary activity they would require a consent. This would enable the council to assess whether such a structure is integrated with the surrounding natural environment and not visually prominent.

Again, the development controls provide control around the amount of earthworks and vegetation clearance that can occur to construct this type of structure.

It is therefore considered appropriate to provide for observation areas and viewing platforms as a permitted activity.

Park furniture

It is considered appropriate to permit park furniture, which includes seats and picnic facilities, in this land unit as park furniture can enable a conservation area to be enjoyed by people without compromising the conservation values.

Accessory buildings
The submitter also made particular mention of the rules not providing for small shelters to enable passive recreation. It is considered appropriate to permit accessory buildings as residential accessory buildings are provided for in the Plan as notified. There may be occasions where accessory buildings are required for uses incidental to a conservation activity or recreation activity. It is also recommended that DOC accessory buildings be exempt of requiring a restricted discretionary consent for the construction of buildings.

It is therefore recommended that submission 1119/2 be accepted in part.

Planner's recommendations about submissions seeking amendments to the land unit

That submission 1119/2 be accepted in part and the Plan be amended accordingly to include the following activities in clause 10a.25.5 Rules – activity table:

Walking tracks	P
Observation areas, viewing platforms and related structures	P
Park furniture (including seats, rubbish bins, lighting, signs, BBQs and picnic facilities)	P
Accessory building	P

That submission 1119/3 be accepted in part and the Plan be amended accordingly to including the following new policy to clause 10a.25.3:

By providing for passive recreation activities to establish and operate in this land unit.

It is recommended that this new policy be number (3) and then the succeeding policies be renumbered.

4.6 Submissions about conservation activities and existing uses

Submissions dealt with in this section: 3574/7

4.6.1 Decisions requested

This submission states that the list of activities is not comprehensive and that there is no reference to "hazardous" activities.

It then requests that there be a "catch all" phrase that would cover all current conservation activities for now and into the future.

4.6.2 Planner's analysis and recommendations

4.6.2.1 Hazardous activities

Part 9 – Hazardous facilities and contaminated land – of the Plan controls hazardous facilities. The definition of hazard facility is:

"means activities involving hazardous substances and sites.

It includes any of the following:

Sites where hazardous substances are used, stored or disposed of.
Vehicles used for transporting hazardous substances.

..."

Therefore hazardous facilities are not listed in the activity table. There is reference to part 9 in clause 10a.25.8.

4.6.2.2 Existing conservation activities

Where existing activities have been lawfully established then existing use rights may apply or the activities may be covered by resource consent.

It is unnecessary to include a "catch all" phrase in the Plan. The submitter may wish to assist the Panel by detailing existing conservation activities that are not provided for by the Plan.

It is therefore recommended that submission 3574/7 be rejected.

Planner's recommendations about submissions seeking changes

That submission 3574/7 be rejected.

4.7 Submissions about reclassifications

Submissions dealt with in this section: 2516/2, 2516/3, 2547/3

4.7.1 Decisions requested

Submission 2516/2 seeks the reclassification of a narrow portion of conservation estate on the north-eastern corner of Great Barrier Island from landform 1 to conservation.

Submission 2516/3 seeks the reclassification of two small portions of conservation estate at Kiwiriki Bay and Kaiaraara Bay from landform 4 to conservation.

Submission 2547/3 seeks for classifications pertaining to small islands and ocean rocks surrounding Great Barrier Island that have never been sold by Maori, change from Conservation (C) to Maori Land (ML)

4.7.2 Planner's analysis and recommendations

4.7.2.1 Submission 2516/2

The land the submitter seeks to be reclassified is Maori Customary Land. However, in the Conservation Management Strategy for Auckland 1995-2005 it is confirmed that this area is administered by DOC. Therefore it is agreed that this area should be reclassified as land unit Conservation to enable DOC to have a consistent approach towards protecting conservation values of the islands.

4.7.2.2 Submission 2516/3

The submitter further states that to achieve the purpose of the RMA and for the purposes of best resource management practice and clear and easy administration of the Plan all DOC land should be classified as conservation.

The two portions of land that the submitter discusses are currently classified as Landform 4 – wetland systems. The two areas are identified in Appendix 4. These two areas that have had a land unit applied to them are not within the city council's jurisdiction, as they are beyond the coastline and therefore in Auckland Regional Council's jurisdiction. Therefore it is inappropriate for these areas to have a classification within this district plan. It is considered that instead of reclassifying this land, the land unit should be removed as the council cannot make rules in respect to areas for which it does not have jurisdiction. This will make the Plan clearer and easier to administer.

Therefore it is recommended that this submission be accepted in part and that the wetland classification be removed.

4.7.2.3 Submission 2547/3

It is thought that there may be confusion around the conservation land unit and ownership. The submitter states that the small islands and ocean rocks around Great Barrier Island have never been sold by Maori. The Conservation land unit is applied to a number of small island that are both publicly and privately owned. Having the conservation land unit on small islands and ocean rocks does not change the ownership, nor infer that the land is public.

Secondly, there is no 'Maori Land' land unit in the Plan therefore it is not possible to reclassify the areas described by the submitter from conservation to Maori land.

It is therefore recommended that this submission be rejected.

Planner's recommendations about submissions seeking reclassifications

That submission 2547/3 be rejected.

That submission 2516/3 be accepted in part and the two areas of Landform 4 be removed from Map 1, Sheet 47 of Maps – Volume 2 Outer Islands.

That submission 2516/2 be accepted and Sheet 35, Map 1 of Maps – Volume 2 Outer Islands be amended to reclassify the unnamed island below Aiguilles Island from Landform 1 'cs' to land unit Conservation 'c'.

4.8 Submissions about classification of all public land

Submissions dealt with in this section: 2516/1

4.8.1 Decisions requested

The submission seeks that rule amendments be made to the Plan so that all public conservation land is classified as land unit Conservation.

4.8.2 Planner's analysis and recommendations

The intention of the Plan is to classify DOC land as land unit Conservation. If there are any sites that DOC considers to be inappropriately classified, beyond the specific sites that were identified in the submission, it is recommended that these be identified at the hearing. It is not appropriate for a catch-all phrase to be included in the Plan.

It is therefore recommended that submission 2516/1 be rejected.

Planner's recommendations about submissions seeking a new rule

That submission 2516/1 be rejected.

4.9 Submissions about Whakanewha Regional Park

Submissions dealt with in this section: 3521/101, 3521/102, 3521/103

4.9.1 Decisions requested

These submissions were accepted in part in the Recreation 1 and Recreation 2 hearing report and it was recommended that Whakanewha Regional Park be reclassified as land unit Conservation and to have the amendments detailed in this Conservation report.

Submission 3521/101 seeks that Whakanewha Regional Park be reclassified from Recreation 1 to a special purpose land unit provided for Whakanewha Regional Park.

Submission 3521/102 seeks amendments to the Plan to include objectives, rules and development controls specific to Whakanewha Regional Park that are consistent with the regional park niche and Reserves Act and provide for park management and operations.

Submission 3521/103 seeks to amend the Plan as it applies to Whakanewha Regional Park to make appropriate provision for a number of activities and developments that are necessary to facilitate the delivery of conservation and recreation outcomes as permitted activities. Activities and developments that are not provided for include, but are not limited to; offices, depot and storage facilities associated with park management, education facilities; tracks; information functions; campground; carparking areas; park infrastructure; revegetation activities; exotic weed/plant control; and park maintenance activities.

4.9.2 Planner's analysis and recommendations

4.9.2.1 General analysis

These submissions further state that land unit Recreation 1 does not reflect the regional function of Whakanewha Regional Park and in particular its dual emphasis on meeting regional conservation and recreation needs.

Whakanewha Regional Park has a strong focus on recreation, education and conservation. Currently the management of this park is to be focussed on enhancing and restoring the diverse range of natural habitats within the park and providing for beach-orientated recreation activities.

The Whakanewha Regional Park is currently zoned as Recreation 1. This land unit provides for passive recreation with a slight focus on conservation through eco-sourced planting in conservation and esplanade reserves. This land unit does not provide for educational facilities and does not provide for an appropriate level of conservation for this park.

It is appropriate to provide for the activities required to deliver conservation and recreation outcomes in Whakanewha Regional Park.

The Auckland Regional Council seeks for the Plan to provide for activities that are necessary to facilitate the delivery of conservation and recreation outcomes. The Conservation land unit currently provides for appropriate conservation, education and recreation activities. Therefore, it is appropriate to reclassify the park as Land unit – Conservation and make minor amendments to incorporate Auckland Regional Council in the specific provisions.

The submissions seek amendments to the Plan to include objectives, rules and development controls that are specific to Whakanewha Regional Park that provide for a number of activities and developments that are necessary to facilitate the delivery of conservation and recreation outcomes.

As discussed above 10a.25 Land unit – Conservation with some amendments can adequately provide for the recreation, education and conservation activities of Whakanewha Regional Park. The Conservation objective is sufficient to achieve the requirements of Whakanewha Regional Park. However, there needs to be an inclusion of new rules, which are specific to Whakanewha Regional Park to permit activities to achieve recreational, educational and conservational outcomes.

4.9.2.2 Recommendations for the introduction, policies and strategy

Introduction

It is recommended that the introduction be amended to state that this land unit is applied to Whakanewha Regional Park.

Policies

It is recommended that a new policy be included to achieve the desired outcomes for Whakanewha Regional Park, which are to enable appropriate recreation, education and conservation activities to occur.

Resource management strategy

It is recommended that the resource management strategy be amended to mention Whakanewha Regional Park.

4.9.2.3 Recommendations for the activity table - rules

Submission 3521/103 specifically mentions activities that ARC wishes to be included in the activity table, these include:

Offices

In the Plan, as notified, offices that are associated with conservation activities are permitted and therefore this activity is provided for.

Depots and storage facilities associated with park management

In section 4.5.2.3 of this report above it is recommended that accessory buildings be included in the activity table as a permitted activity. The definition of accessory buildings is:

"means either:

A building which is used in a way which is incidental to the use of another building or buildings on the site; or
A building which is used in a way which is incidental to a permitted activity on the site."

This will provide for storage buildings required in association with permitted activities in this land unit.

Education facilities

Educational facilities are provided for as a discretionary activity in the Plan as notified. It is not appropriate to provide for education facilities as a permitted activity as it is not considered that these are appropriate in all circumstances and may require an assessment of effects.

Tracks

In section 4.5.2.3 of this report above it is recommended that walking tracks be added as a permitted activity.

Information functions

It is not entirely clear as to what the submitter is seeking here. Function facilities are a discretionary activity in the Plan as notified and include organised conferences, conventions, seminars and meetings. It is thought that an information centre is an appropriate activity for this land unit as it can be used as an education tool to inform the public of the conservation values and activities that occur. As the construct of buildings is a restricted discretionary activity an information centre would require a consent to ensure that its location, form, colour and scale are appropriate. It is recommended that information centres be added as a permitted activity.

Campground

Camping facilities are permitted in the Plan as notified.

Carparking areas

It is considered that carparking areas may be appropriate in some circumstances, for instance a carparking area at the beginning of a bush walk. However, a permitted activity status is totally inappropriate due to the high scenic and conservation values of this land unit. A discretionary activity status is appropriate as it enables the council to assess proposals to ensure they do not have adverse effects on the environment and visual amenity. It is recommended that carparking areas be added in the activity table as a discretionary activity.

Park infrastructure

By park infrastructure it is assumed that the submitter is referring to power and water supplies, roads, telecommunications and related activities. Network utility services are addressed in Part 5 of the Plan and apply to all land units and so it is not necessary to include this in the activity table. If the submitter is referring to park furniture such as seats, it has been recommended above to include park furniture as a permitted activity.

Revegetation activities

It is considered appropriate to include ecosourced planting as a permitted activity in this land unit as the objective of the land unit is to enable conservation, preservation and enhancement of the natural environment.

Park maintenance activities

It is considered that park maintenance activities would include asset maintenance, plant maintenance, weed and pest control, and general maintenance of tracks and facilities.

Alterations and additions to the exterior of existing buildings is a restricted discretionary activity. Minor alterations and additions as defined in the Plan are a permitted activity. Pest control is provided for in Part 4 of the Plan and general maintenance of existing tracks is permitted as DOC walking tracks are a permitted activity. Therefore it is considered that park maintenance activities are already provided for in the Plan as notified.

Exotic weed/ plant control

As mentioned above Part 4 of the Plan permits the eradication, control or management of any plant pests listed in appendix 14 and any animal pest species. Therefore it is not appropriate to repeat this in the activity table.

In conclusion, there are some activities that should be included in the activity table but the majority of activities requested by the submitter are already provided for in the Plan as notified.

Activities consistent with the management plan for Whakanewha

It is considered appropriate to provide for activities that are consistent with the management plan of Whakanewha Regional Park to enable the Auckland Regional Council to achieve their functions under the Reserves Act with minimal input from the council. Whakanewha, a class 1 park, has a conservation focus to protect its natural and cultural resources, as can be seen below.

Criteria	Class 1
Visitor experience	Settings that provide a remote visitor experience.
Management Focus	Emphasis on protection of natural and cultural resources
Recreation activities	Emphasis on informal recreation activities requiring little infrastructure and few facilities e.g., tramping, walking, nature study and picnics
Development	Minimal level of infrastructure and development. Limited vehicle access. Expected facilities: gravel car park, information board, toilet, and tramping tracks/routes, backpackers' campsites.

Regional Parks Management Plan, Auckland Regional Council (2008)

It is therefore recommended that clause 10a.25.5 be amended to include the following permitted rule:

Activities that are consistent with any management plan for Whakanewha Regional Park established under the Reserves Act 1977.

4.9.2.4 Recommendations for development controls

It is considered appropriate to exempt the Auckland Regional Council from the earthworks and vegetation clearance controls for activities that are consistent with the management plan for Whakanewha Regional Park. The ARC has functions under the Resource Management Act to promote the sustainable management of natural and physical resources including the maintenance and enhancement of water quality and therefore it is considered an unnecessary constraint for the ARC to obtain a consent for these activities.

It is recommended that clause 10a.25.6.1 be amended to include Whakanewha Regional Park in the title and the following as point 2:

2. Any earthworks or removal of indigenous vegetation associated with activities that are consistent with any management plan for Whakanewha Regional Park established under the Reserves Management Act 1977 and undertaken by ARC or ARC approved contractors.

Planner's recommendations about submissions that were accepted in part in the Recreation report

Submissions 3521/101, 3521/102 and 3521/103 were accepted in part in the Recreation report and it was noted that the details of the amendments would be outlined in this report. It is recommended that the Plan be amended as follows:

(1) The first paragraph of clause 10a.25.1 be amended to state:

This land unit covers a number of smaller islands, both publicly and privately owned, and land owned by the Department of Conservation (DOC) on Great Barrier, Waiheke and Rakino ; and Whakanewha Regional Park owned by Auckland Regional Council on Waiheke . Some of the larger islands and island groups include Rangitoto, Motutapu, Motuihe, Browns Island, Kaikoura, Little Barrier, the Noises, the Mokohinau Islnads and the Three Sisters group.

(2) Clause 10a.25.3 be amended to include a new policy and for it to be number (3) with the existing policies renumbered as (4), (5) and (6):

3. By enabling appropriate recreation, conservation and education activities within Whakanewha Regional Park.

(3) Clause 10a.25.4 be amended to state:

The resource management strategy for the land unit is to focus on the value of conservation and protection of valuable publicly owned land, including Whakanewha Regional Park, and some privately owned islands, to enable conservation and recreation activities. DOC activities need to be able to be undertaken with minimal council involvement, except where these may have significant adverse effects on the environment.

(4) Clause 10a.25.5 be amended to include the following activities:

Information centre	P
Carparking areas	D
Ecosourced planting	P
Activities that are consistent with any management plan for Whakanewha Regional Park established under the Reserves Act 1977	P

(5) Clause 10a.25.6.1 be amended accordingly to state:

10a.25.6.1 Earthworks and vegetation clearance associated with activities ~~track and hut construction~~ on land owned or management by DOC and activities in Whakanewha Regional Park

...

5.0 Conclusion

This report has considered the decisions requested in submissions lodged regarding land unit Conservation of the Proposed Auckland City District Plan: Hauraki Gulf Islands Section 2006.

The report recommends whether submissions should be accepted or rejected and how associated further submissions should be dealt with, and how the Plan should be modified as a result. These recommendations are made prior to the hearing of submissions and therefore without the benefit of evidence which may be presented at that time. At this stage before the hearing, it is recommended that this part of the Plan be approved, with amendments (as outlined in appendix 3), for the reasons outlined in this report.

	Name and title of signatories	Signature
Author	Sarah Smith, assistant planner
Reviewer	Megan Tyler, Manager: Islands
Approver	Penny Pirrit, Manager: City Planning

Appendix 1

List of submissions and further submissions

Appendix 2

Summary of decisions requested

Appendix 3

Recommended amendments to the Plan
Part A
Part B

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