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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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002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing MeetingPage 1

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








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.


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


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SPP issue

column

reference








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


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.


or projects

Parks and

Community

Parks and community facility

assets, management and

acquisitions.


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








Section 32 Seek changes to all aspects

of the Section 32 report on the

Proposed Auckland Unitary

Plan.


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.


Titles and survey Seek changes to private titles,

legislative changes related to

titles.


Transport/Parking Focus on transportation

infrastructure, routes,administration, and parking

structures/land. Approximately

354 submissions pertaining to

Tamaki Drive.


UP Administration Requests related to resource

consent operations,

Amendments to variousaspects of the Councils


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SPP issue

column

reference








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


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.
http://www.aupihp.govt.nz/hearings/http://www.aupihp.govt.nz/hearings/http://www.aupihp.govt.nz/hearings/

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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: