Simpson Grierson...2015/12/15 · A clean version of the updated revised proposal, only showing the changes made following the version filed during the hearing on 23 November 2015,

BEFORE THE CHRISTCHURCH REPLACEMENTDISTRICT PLAN INDEPENDENT HEARINGS PANEL

IN THE MATTER of the ResourceManagement Act 1991and the CanterburyEarthquake(ChristchurchReplacement DistrictPlan) Order 2014

= ► ~~

IN THE MATTER of the PapakaingaStage 2 Proposal

JOINT MEMORANDUM ON BEHALF OF THE CHRISTCHURCH CITY COUNCILAND TE RUNANGA O NGAI TAHU AND NGA RUNANGA AND THE CROWNREGARDING UPDATES TO THE REVISED PROPOSAL FOLLOWING THE

HEARING

1~'~,DECEMBER 2015

Simpson GriersonBarristers &Solicitors

M G Conway / C J McCallumTelephone: +64-4-924 3536Facsimile: +64-3-379 5023Email: [email protected] Box 874SOLICITORSCHRISTCHURCH 8140

MAY IT PLEASE THE PANEL

1. This Joint Memorandum is filed on behalf of the Crown (submitter #2387), Te

Runanga o Ngai Tahu (#2458) and Nga Runanga (#2821) (Ngai Tahu) and

the Christchurch City Council (Council) in relation to the Papakainga Zone

Proposal (Proposal).

2. The Hearings Panel, by way of Minute dated 3 December 2015, directed that

the Council file an updated revised proposal (preferably by Joint

Memorandum) by 5pm, Monday 14 December 2015.

3. A number of changes have been made to the revised proposal. These have

been made to:

3.1 provide a more coherent link between provisions;

3.2 ensure consistency in the language used;

3.3 reflect agreements made between the parties to this memorandum

following the hearing;

3.4 provide clarification with regard to provisions applying to only Maori

land; and

3.5 ensure consistency across the proposed Replacement District Plan.

4. The revised proposal includes cross references to the Activity Status Tables

and Standards in other chapters of the proposed Replacement Plan that the

parties to this Joint Memorandum have agreed should apply to the

Papakainga / Kainga Nohonga Zone (at 4.2.1.2). These references are to the

notified versions of these chapters, not the most recent redlined versions, and

will have to be updated as the other chapters are finalised.

5. The updated revised proposal for the Papakainga Stage 2 Proposal is

attached as Attachment A to this Joint Memorandum. A clean version of the

updated revised proposal, only showing the changes made following the

version filed during the hearing on 23 November 2015, is attached as

Attachment B.

6. The parties to this memorandum confirm that, in preparing this updated

revised proposal, they have considered the questions asked by the Panel at

the hearing, and have taken those questions into account in preparing

2

Attachments A and B. The parties will address those matters further in closing

submissions.

iSDated this ~;h day of December 2015

M G ConwayCounsel for tl

umCity Council

D van MierloOn behalf of Te Runanga o Ngai Tahu and Nga Runanga

3

Attachment A: Updated Papakainga Zone Revised Proposal

Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal

1

Chapter 4 Papakainga Manawhenua Pāpakainga / Kāinga

Nohoanga Zone and Overlay

Key: The following text is the Revised Proposal for the Papakainga Zone (now renamed Papakāinga / Kāinga Nohoanga Zone). It has previously been amended as a result of Council's consideration of submissions and in response to informal mediation between the Council and submitters. Those amendments are shown in underlined in black text (for inserted text) and struck through black text (for deleted text). Those amendments were filed in the Revised Proposal of 6 October 2015. The Revised Proposal has been updated as a result of Council's evidence in chief. Those amendments are shown in underlined red text (for inserted text) and struck through red text (for deleted text). The Revised Proposal has been updated again as a result of formal mediation on 29 October 2015 and in response to submitter evidence. Those amendments are shown in underlined green text (for inserted text) and struck through green text (for deleted text). The Revised Proposal has been updated as a result of discussions between the Crown, Te Rūnanga o Ngāi Tahu and Ngā Rūnanga, and the Christchurch City Council following rebuttal evidence exchange. Those amendments are shown in underlined blue text (for inserted text) and struck through blue text (for deleted text). The Revised Proposal has been updated as a result of discussions between the Crown, Te

Runanga o Ngāi Tahu and Ngā Runanga, Jan Cook and the Council following an

adjournment of the hearing and mediation on 23 November 2015. Those amendments are

shown in underlined purple text (for inserted text) and struck through purple text (for

deleted text).

The Revised Proposal has been updated as a result of evidence presented and responses

to questions from the Panel at the Hearing on 23rd and 24th November 2015. Those

amendments are shown in underlined orange text (for inserted text) and struck through

orange text (for deleted text).

In rule 4.2.2.1 Permitted Activities the equivalent Rural Banks Peninsula Zone activity is

referenced in [orange] and can be deleted in due course.

The submission providing scope for each of the changes is shown in square brackets following the change itself.


2

Chapter 4 Papakainga Manawhenua Papakāinga / Kāinga

Nohoanga Zone and Overlay

[Name change requested through mediation by MKT]

4.1 Objectives and Policies

4.1.1 Objective - Rangitiratanga and Kaitiakitanga [#2485.187 MKT]

Ngai Tahu Manawhenua within the District are able to exercise Kaitiakitanga over land in Papakainga

zones, to the fullest extent practicable, subject to health, safety and amenity standards. Manawhenua

Papakāinga / Kāinga Nohoanga zones and overlays facilitate and enable:

a) Ngāi Tahu whanau and other authorities to develop and use its ancestral land to

provide for kāinga nohoanga and their economic, social and cultural well-being and to

exercise kaitiakitanga; and over that land.

b) All landholders to use or develop land for activities appropriate in a rural area.

Development of other land for rural purposes [#2458.187 MKT; #2387.38]

4.1.1.1 Policy - Provision for a Range of Residential and Non-Residential

Activities

Provide for Enable the use and development of land held as under Māori Land, administered

through Te Ture Whenua Maori Act 1993, for a range of residential and non-residential activities

in Papakainga zones accordance with tikanga Māori, including kāinga nohoanga and mahinga

kai, to support the social, cultural and economic aspirations of Manawhenua mana whenua.

[#2458.193 MKT]

4.1.1.2 Policy - Sustainable Development Management [#2458.194 MKT]

Encourage Manawhenua to take account of the Nga Kaupapa (policies) in the Mahaanui Iwi

Management Plan policies for their area, and to work with Council and technical experts if required to

eEnsure that and other Land use and development is undertaken sustainably, in ways which

ensure: promotes integration of land use with infrastructure and takes adequate account of:

a. Integration of land use with infrastructure in a manner appropriate to the site and

development;

b. For the use of land for papakāinga/kāinga nohoanga, Tthe exercise of kaitiakitanga and

tikanga Māori, including in the design and layout of buildings, facilities and activities;

[#2458.194 MKT]

c. The Nga Kaupapa (policies) in the Mahaanui Iwi Management Plan 2013; [#2387.40

CERA, #2159.13 Mitchell; #2469.8 Dickie]

d. The physical characteristics of the land;

e. The Effects of natural hazards, including land instability and flooding, and potential

liquefaction are avoided or mitigated to an acceptable level of risk;

f. Servicing constraints, particularly in regard to water supply and sewage disposal;

g. Traffic likely to be generated, and safety and access issues, particularly on roads of rural

standard;

h. Maintenance of the privacy and amenity values of adjoining landowners;

http://mkt.co.nz/mahaanui-iwi-management-plan/

http://mkt.co.nz/mahaanui-iwi-management-plan/


3

i. [Outstanding natural landscapes and features, coastal natural character areas, and significant

landscapes, and sites of Ngai Tahu cultural significance [#2249.17 CRC]. The

requirement for this policy will be reconsidered by the Panel as part of its further

hearing of relevant proposals.]

j. The appropriateness of the development with respect to detraction from the direct

adverse effects on amenity values of neighbouring zones properties considering the

adjoining land, form and density of development. [#2458.194 MKT; #2159.12 Mitchell]

4.1.1.3 Policy - Minimise Adverse Effects on Neighbouring Zones

Ensure that buildings and activities undertaken within Papakainga Zones are in accordance with

tikanga Maori as well as do not detracting from the amenity values of neighbouring zones.

[#2458.193 MKT; #2467.35 Zweis; #2469.7 Dickie]

4.1.1.43 Policy - Future Development

Support the Manawhenua application of the Papakāinga / Kāinga Nohoanga zone and overlay

in other locations where it facilitates enables the use and development of traditional areas of

importance to Ngāi Tahu ancestral land whanui for a range of residential and non-residential

activities in accordance with tikanga Māori, to provide for their support the social, cultural and

economic well-being of Ngāi Tahu whanui.

[#2458.191 MKT]

4.1.1.5 Policy - Nga Hau E Wha National Marae

Recognise the importance of Nga Hau E Wha National Marae as a major focal point for Maori

and its ability to support social, cultural, and economic development, as well as enhancing

understanding between all people, through the understanding of tikanga Maori.

[#2387.37 CERA]

4.1.1.6 Policy - Manawhenua Papakīnga / Kainga Nohoanga Overlay

Enable Maori land, as defined in Te Ture Whenua Maori Act 1993, to be used and developed

through a comprehensive approach that identifies constraints and development opportunities.

[#2458.184 MKT; #2197.4 Morgan; #2159.3 Mitchell; #2467.3,29 Zweis; #2241.1 Cook &

Brailsford; #2493.2 Little River Issues Working Party; #2157.3 Abbott & Richter; 2503.1

Roberts]

4.1.1.4 Policy - Rural Activities

Development of other land is consistent with all Rural Zone Policies within the context of the

objective and policies applying to this zone.

In addition to 4.1.1.1, enable rural activities on any land in a manner that is consistent with the

Rural Banks Peninsula Zone provisions.

4.1.1.5 Policy – Coordinated approach to development

On Māori land, encourage an comprehensive and integrated approach to the development of

land for papakāinga / kāinga nohoanga for larger scale developments or where there are

multiple resource consents are required matters, including through the use of a

comprehensive coordinated development plan.


4

4.2 Rules

4.2.1 How to Use the Rules

4.2.1.1 The rules that apply to activities in the Papakainga Manawhenua Papakāinga /

Kāinga Nohoanga Zone are contained in:

a. The Activity Status Tables below and in Rules 4.2.2.1, 4.2.2.2, 4.2.2.3,

and 4.2.2.4;

i. For Maori Communal Land in 4.2.2.1;

ii. For Maori Administered Land in 4.2.3.1, 4.2.3.2, and 4.2.3.3;

iii. For General Land 4.2.4.1, 4.2.4.2, 4.2.4.3, 4.2.4.4, and 4.2.4.5;

and

b. Built Form Standards for permitted activities in 4.2.454

4.2.1.2 The rules that apply to activities in the Manawhenua Papakāinga / Kāinga

Nohoanga Overlay are contained in:

a. The Activity Status Tables below in Rules 4.2.3.1, 4.2.3.2, 4.2.3.3,

4.2.3.4, and 4.2.3.5;

b. Built Form Standards in 4.2.4

4.2.1.2

32

The Activity Status Tables and Standards in the following chapters also apply to

activities in all areas of the Papakainga Manawhenua Papakāinga / Kāinga

Nohoanga Zone and Manawhenua Papakāinga / Kāinga Nohoanga Overlay

(where relevant) [in relation to these chapters, where only some provisions are

going to apply, a list will be provided once decisions have been made]:

5 Natural Hazards (entire chapter);

6 General Rules and Procedures (rules TBC) (Rule 6.1 Noise;

6.3 Outdoor Lighting and Glare; 6.6 Water Body Setbacks;

6.8 Signs);

7 Transport (rules TBC) (Rules P7 Access design; P8 Vehicle

crossings; P9 Location of buildings and access in relation

to road/rail crossings; P10 High trip generators);

8 Subdivision, Development and Earthworks (rules TBC

through Stage 2);

9 Natural and Cultural Heritage (rules TBC through Stage 3);

11 Utilities, Energy and Infrastructure - Rural references apply

(rules TBC);

12 Hazardous Substances and Contaminated Land (rules TBC);

and

19 Coastal Environment (rules TBC through Stage 3).

4.2.1.3

43

Note: Permitted activities under this chapter of the Plan may still require consent

under the chapters above, as well as building consents and consents from other

agencies.

[Name change requested through mediation by MKT]

http://www.proposeddistrictplan.ccc.govt.nz/Pages/Plan/Book.aspx?HID=31670











5

4.2.2 Activity Status - Māori Land Status - Manawhenua Papakāinga

/ Kainga Nohoanga Zone Māori Communal Land [Name change requested

through mediation by MKT]

Māori Communal Land means land set apart as Maori reservation in accordance with s338 Te

Ture Whenua Maori Act 1993 (Note - Definition to be relocated to Chapter 1)

4.2.2.1 Permitted Activities

In the Papakainga Manawhenua Papakāinga / Kainga Nohoanga Zone on Māori Communal

Land On land held as Māori Reservation for Communal Purposes under s338 of Te Ture

Whenua Māori Act 1993, the activities listed below are permitted activities if they:

a) are located on land reserved for communal purposes and are included within the

Gazette notice issued by the chief executive Te Puni Kōkiri; and

b) comply with Activity Specific Standards set out in this table and Built Form the Sstandards

for permitted activities in Rule 4.2.45.

Activity Activity Specific Standards

P1 Village site, marae, meeting place, recreation ground,

sports ground, bathing place, church site, building site,

burial ground, landing place, fishing ground, spring, well,

timber reserve, catchment area or other source of water

supply, or place of cultural, historical, or scenic interest,

or for any other specified purpose.

1. Nil

4.2.3 Activity Status - Māori Administered Land

Māori Administered Land means Maori customary or Maori freehold land as defined in s2 &

s129 Te Ture Whenua Maori Act 1993 (Note - Definition to be relocated to Chapter 1)


In the Papakāinga / Kāinga Nohoanga Zone on Māori Administered Land On land which is held

as Māori Land under Te Ture Whenua Maori Act 1993, the activities listed below are permitted

activities if they comply with Activity Specific Standards set out in this table and Built Form S

the Built Form Standards standards for permitted activities in Rule 4.2.54.

Activities may also be Controlled, Restricted Discretionary, or Discretionary or Non Complying as

specified in Rules 4.2.232.2,and 4.2.232.3 and 4.2.2.4, 4.2.2.4 and 4.2.2.5.







6


P1 Marae Complexes,

including wharenui,

wharekai, manuhiri

noho (guest

accommodation with or

without tariff) and

associated accessory

buildings

1. Nil

P2 Residential Activity [P7

of RuBP],

including minor

residential units [P9,

RD3 & RD8 of RuBP],

and kaumatua units.

1. Nil

P3 Home occupations [P10

of RuBP]

1. Nil

P4 Relocation of or

repairs, replacement

and/or additions

to [P8 of RuBP]

residential units

1. Nil

P5 Community

activities and

associated facilities

[P16 of RuBP, RD10 of

RuBP], including Whare

Hauora (Health care

facilities)

1. Nil Maximum of 500m2 of GLFA per facility

P6 Kohanga Reo (Pre-

School

activity and facilities)

and Kura Kaupapa

(Education



P7 Hakinakina (Recreation

activities and facilities)

[P12 of RuBP]


http://www.proposeddistrictplan.ccc.govt.nz/common/user/contentlink.aspx?sid=41592




















7


P8 Ahuwhenua (Farming)

[P1 of RuBP] including

Huawhenua

(Horticulture),

and Existing forestry,

Plantation forestry, and

Intensive farming.,

Rural produce

manufacturing [P4 of

RuBP] and Existing

forestry. [P5 of RuBP]

1. Nil for all activities other than plantation forestry

2. Plantation forestry activity shall be limited to a

maximum planted are of 1ha per site.

[#2458.201 MKT]

P9 Plantation forestry 1. Plantation forestry activity shall be limited to a

maximum planted area of 1ha per site.

2. Plantation forestry activity to be at least 30m from

a zone boundary. [#2458.201 MKT]

P9 Fish farming and

aquaculture

1. Nil

[#2458.201 MKT]

P910 Urupa 1. Nil

P101 Whare hoko

(Convenience

Activities), including

Rural produce retail

[P3 of RuBP] and

Arumoni (Commercial

Services), including

Veterinary care

facilities [P19 of

RuBP] and Rural

tourism activity [P14

of RuBP])

1. Maximum of 100m2 GLFA per business.

P112 Offices (including

justice facilities)

1. Maximum of 100m2 GLFA per business except at Nga

Hau e Wha, where there shall be no maximum

GLFA.

P123 Makete (Markets) 1. Not exceeding one event per week

P13 Farm building [P2 of

RuBP].

1. Nil








8


P14 Conservation

activities [P11 of

RuBP], including New

access tracks [P17 of

RuBP]

1. Nil

P15 Farm Stay [P13 of

RuBP]

1. Nil

P156 Emergency services

facilities [P18 of

RuBP]

1. Nil Maximum of 100m2 GLFA per building.

P167 Heli-landing area [P20

of RuBP]

1. Shall be located on a minimum nominated land

area of 3,000m2

P178 Flood protection

activities, including

planting of exotic

trees, earthworks and

structure, undertaken

by Christchurch City

Council or Canterbury

Regional Council

1. Nil

P189 Public amenities [P22

of RuBP]

1. Maximum of 100m2 GLFA per building.

P1920 Mahinga kai 1. Nil

P201 On land held as Māori

Reservation for

Communal Purposes

under s338 of Te Ture

Whenua Māori Act

1993, any activity

specified in the

Gazette notice and

any ancillary activity.

1. Nil


9

4.2.2.2 Controlled Activities

There are no controlled activities

4.2.232.23 Restricted Discretionary Activities

The activities listed in the table below are restricted discretionary activities

Activity The Council’s discretion shall be

limited to the following matters.

RD1 Any permitted activity which does not

comply with any one or more of the

Activity Specific Standards in 4.2.2.1

Any application arising from this rule

will not require written approvals and

shall not be publicly or limited

notified [#2467.7 Zweis]

a. Relevant Matters of Discretion

in 4.3


comply with any one or more of the Built

Form Standards for Permitted Activities

in Rule 4.2.2.3 [#2387.41 CERA]

Any application arising from non-

compliance with this rule will not

require written approval and shall

only be limited notified to directly

abutting land owners and occupiers

who have not given their written

approval [#2467.7 Zweis]


compliance with Built Form Standard

4.2.4.5 will not require the written

approval of any entity except the New

Zealand Fire Service Commission

with respect to Built Form Standard

4.2.4.5 and shall not be fully publicly

notified. Limited notification if

required shall only be to the New

Zealand Fire Service Commission

only in respect to Built Form

Standard 4.2.4.5.

[#2387.45 CERA]


in 4.3





10



RD3 Any controlled, restricted

discretionary, discretionary or non-

complying activity in Chapters 5, 6.1 -

6.7 and 6.9 - 6.10, 7 8, 9, 11, 12 and 19.

Any application arising from this rule,

except in relation to Chapter 6 and 7,


shall not be publicly or limited

notified except in relation to Chapter

6 and 7.


in relation to Chapter 6 and 7 shall

require written approvals and/or be

publicly notified as set out in relevant

rule.


in Chapters 5, 6, 7 8, 9, 11, 12

and 19 for that activity.

b. Relevant Objectives and

Policies in Chapters 4, 5, 6, 7 8,

9, 11, 12 and 19 for that activity.


discretionary or discretionary activity

in Chapter 6.8


shall require written approvals and/or

be publicly notified as set out in

relevant rule.

Note: For Non-complying activities

see Rule 4.2.2.5


in Chapter 6

b. Relevant Objectives and

Policies in Chapter 6

RD345 Boarding of domestic animals [RD4 of

RuBP]


in 4.3; and

b. Intensive farming, Equestrian

facilities and Boarding of

domestic animals in 17.8.2.3

RD456 Equestrian facility [RD5 of RuBP] a. Relevant Matters of Discretion

in 4.3; and





11



RD3567 Intensive farming [RD6 of RuBP] a. Relevant Matters of Discretion

in 4.3; and




[#2458.201 MKT]

RD678 Plantation forestry [RD7 of RuBP] a. Plantation forestry in 17.8.2.4

RD4 The development of land identified as

Maori owned (as defined in Te Ture

Whenua Maori Act 1993) and in the

Manawhenua overlay

Outline Development Plan matters in

4.3.7

[#2458.184 MKT; #2197.4 Morgan;

#2159.3 Mitchell; #2467.3,29 Zweis;

#2241.1 Cook & Brailsford; #2493.2

Little River Issues Working Party;

#2157.3 Abbott & Richter]

4.2.23.34 Discretionary Activities

Activity The Council will consider any matters under section 104 of

the Act, including:

D1 Land based activities

directly associated

with fishing and

aquaculture

Relevant matters of discretion in 4.3, including those

in 4.3.4 and 4.3.5

[#2458.201 MKT]

D21 Administrative

activities which

provide services

and/or employment

to Manawhenua.

a. Relevant matters of discretion in 4.3, including

those in 4.3.4 and 4.3.5

Activity

D1 Any other activity not listed as a permitted, controlled, or restricted discretionary,

or non-complying or discretionary activity.

Note; There are no discretionary activities in respect of Rule 4.2.2










12

4.2.2.45 Non Complying Activities

Note; There are no non-complying activities in respect of Rule 4.2.4

Activity

NC1 Any activity listed in 6.8.3.4 NC1 and NC2

Activity

NC1 Any other activity not listed as a permitted, restricted discretionary or discretionary activity.

NC2 a. Sensitive activities and buildings (excluding accessory buildings associated with an existing activity):

i. Within 10 metres of the centre line of a 66kV National Grid transmission line or within 10 metres of a foundation of an associated support structure

ii. Within within 10 metres of the centre line of a 66kV electricity distribution line or within 10 metres of a foundation of an associated support structure.

b. Fences within 5 metres of a National Grid transmission line support structure foundation or 5 metres of a 66kV electricity distribution line support structure foundation.

Notes:

1. Any application made in relation to this rule shall not be publicly notified or limited notified other than to Transpower New Zealand Limited and or Orion New Zealand Limited.

2. Vegetation to be planted around the National Grid or electricity distribution lines should be selected and/or managed to ensure that it will not result in that vegetation breaching the Electricity (Hazards from Trees) Regulations 2003.

3. The New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34:2001) contains restrictions on the location of structures and activities in relation to National Grid transmission lines and electricity distribution line. Buildings and activities in the vicinity of National Grid transmission lines or electricity distribution lines must comply withthe NZECP 34:2001.

[#2387.55 Crown] [2340.16 Orion]

4.2.343 - Activity Status Table - Manawhenua Papakāinga / Kāinga

Nohoanga Overlay General Other Land

General Land means general land owned by Maori, general land, Crown land and Crown land

reserved for Maori as definied in s2 & s129 Te Ture Whenua Maori Act 1991 (Note: Definition to

be relocated to Chapter 1)


13

4.2.343.1 Permitted Activities - Manawhenua Papakāinga / Kāinga Nohoanga

Overlay

In the Manawhenua Papakāinga /Kāinga Nohoanga Overlay Zone, on land which is not held as

Māori Land, General Land, the activities listed below are permitted activities if they comply

with the Activity Specific Standards and Built Form Standards in Rule 4.2.45 of the Rural

Banks Peninsula Zone [#2485.197 MKT].

Note: The Built Form Standards in Rule 4.2.4 do not apply to 4.2.3

Activities may also be Controlled, Restricted Discretionary, Discretionary, or Non-Complying,

or Prohibited as specified in Rules 4.2.4343.2, 4.2.4343.3, and 4.2.4343.4 and 4.2.43.5, and

4.2.3.6.


P1 Any Permitted Activity in the Rural Banks Peninsula Zone

a. The relevant standards in the Rural Banks Peninsula Zone

P2 Residential Activity, including minor residential units and kaumātua units

a. Up to 6 units per site [#2458.197 MKT]


Activity The Council’s control shall be limited to the

following matters.

C1 Any Controlled Activity in

the Rural Banks Peninsula

Zone

a. The relevant matters in the Rural Banks

Peninsula Zone

4.2.343.23 Restricted Discretionary Activities - Manawhenua Papakāinga /

Kainga Nohoanga Overlay

Activity The Council’s discretion shall be limited to the

following matters.

RD1 Any Restricted

Discretionary Activity in


Zone

b. The relevant matters in the Rural Banks

Peninsula Zone





14

RD2 The development of Maori

Land land identified as

Maori owned (as defined

in Te Ture Whenua Maori

Act 1993).

a. Outline Development Plan matters in 4.3.7

[#2458.184 MKT; #2197.4 Morgan; #2159.3 Mitchell;

#2467.3,29 Zweis; #2241.1 Cook & Brailsford;

#2493.2 Little River Issues Working Party; #2157.3

Abbott & Richter]

4.2.343.34 Discretionary Activities - Manawhenua Papakāinga / Kainga

Nohoanga Overlay

Activity The Council will consider any matters under

section 104 of the Act, including:

D1 Any Discretionary Activity in


Zone


Peninsula Zone

4.2.343.45 Non-Complying Activities - Manawhenua Papakāinga / Kainga

Nohoanga Overlay

Activity

NC1 Any Non-Complying Activity in the Rural Banks Peninsula Zone

4.2.343.456 Prohibited Activities - Manawhenua Papakāinga / Kainga Nohoanga

Overlay

Activity

PR1 Any Prohibited Activity in the Rural Banks Peninsula Zone

4.2.3454 Built Form Standards – Māori Land in the Papakainga

Manawhenua Papakāinga / Kāinga Nohoanga Zone and Overlay

4.2.345.1 Recession Planes

a. The recession plane requirements for all buildings shall be those for the Rural Banks

Peninsula Zone, and applied at the legal boundary of any property where it adjoins

other property which is not held in the same ownership, excluding roads.



15

a. For any sites adjacent to a Residential Zone, buildings Building [J Cook & D Brailsford

#2241.2; J Reeves #2145.3 & 11] and structures (including outdoor storage areas)

[#2159.43-44 Mitchell; #2469.25 Dickie] shall not project beyond a building envelope

constructed by recession planes, as shown in the diagram relevant to the adjacent

Residential Zone in Appendix 14.10.2, from points 2.3m above the internal boundary.

[#2458.193 MKT]

ba. For all other sites, buildings For land identified as Maori Communal Land, bBuildings

and structures (including outdoor storage areas) [#2159.43-44 Mitchell] shall not

project beyond a building envelope constructed by a 45 degree recession plane, from

points 2.3m above the internal zone communal land boundary. [#2458.193 MKT]

b. For Māori Administered Land and General Land, there shall be no recession plane.

c. For the Nga Hau E Wha site, buildings and structures (including outdoor storage areas)

[#2159.43-44 Mitchell; #2469.25 Dickie] shall not project beyond a building envelope

constructed by recession planes, as shown in Appendix 14.10.2 Diagram A, from

points 2.3m above the internal boundaries. [#2458.193 MKT]

Note: There is no recession plane requirement for sites boundaries that are adjacent to

other sites within the located in the Papakainga Manawhenua Papakāinga / Kainga

Nohoanga zoned sites that adjoin only sites that are not zoned Residential. [#2458.193

MKT]

4.2.3454.21 Internal Boundary Setback

a. For land identified as Maori Communal Land, the mMinimum setback from

internal boundaries for buildings and structures (including outdoor storage areas)

[#2159.43-44 Mitchell; #2469.25 Dickie] on the zone communal land boundary shall be

1.8m that of zone for the adjacent site1.8m. [#2458.193 MKT]

b. For Māori Administered Land and General Land, The minimum setback from internal

boundaries for buildings and structures shall be 10m and shall apply at the legal

boundary of any property where it adjoins another property which is not held in the same

ownership or used for the same development. it the land on which the building or

structure is located.

b. For the Nga Hau E Wha site, the minimum setback from internal boundaries for

buildings and structures (including outdoor storage areas) [#2159.43-44 Mitchell;

#2469.25 Dickie] shall be 1.8m. [#2458.193 MKT]

Note: There is no internal boundary setback requirement for site boundaries that are

adjacent to other sites within the Papakāinga / Kainga Nohoanga Manawhenua zoned

sites. [#2458.193 MKT]

4.2.3454.32 Road Boundary Setback

a. The mMinimum setback distance for any building from the road boundary for Māori Communal

Land, Māori Administered Land and General Land, shall be 15m. 4.5m that of the zone for

the adjacent zone 15m.





















16

b. For sites with multiple adjacent zones, the minimum setback distance from the

road boundary shall be the largest setback of the adjacent zones.

c. For Nga Hau E Wha, the minimum setback distance from the road boundary shall be

4.5m.

Note: There is no road boundary setback requirement for sites that are adjacent to only

Manawhenua zoned sites. [#2458.193 MKT]

4.2.3454.43 Building Height

[#2285.36 Akaroa Civic Trust; #2241.3 Cook & Brailsford; #2145.4,12 Reeves; #2467.19 Zweis,

#2159.36-38 Mitchell; #2469.22 Dickie]

a. For land identified held as Maori Reservation for Communal Purposes under s338 of Te

Ture Whenua Maori Act 1993 as Maori Communal Land, there shall be no maximum

building height for activities ancillary to the purpose for which the land is reserved.

Maximum height of any building shall be that of the adjacent zone.

b. For all other land Māori Administered Land and General Land, tThe maximum height of

any building shall be 7.59m. sites with multiple adjacent zones, the maximum height of

any building shall be the smallest maximum height of the adjacent zones. This standard

shall not apply to art, carvings or other cultural symbols fixed to Māori Land or to

buildings erected on Māori Land.

c. For Nga Hau E Wha, the maximum height of any building shall be 8m.

Note: There is no maximum building height for sites that are adjacent to only

Manawhenua zoned sites. [#2387.47 CERA]

4.2.3454.54 Maximum zone coverage


#2159.36-38 Mitchell; #2469.22 Dickie]

a. For land identified as Maori Communal Land and Maori Administered Land, tThe

mMaximum percentage of the zone covered by all buildings building coverage shall be

50% 35% of the legal boundary of any property.

b. For other land General Land, the maximum percentage of the land covered by all

buildings coverage shall be 10% or 2,000m2, whichever is lesser.

4.2.454.565 Water supply for firefighting

a. Provision for sufficient water supply and access to water supplies for firefighting shall be

made available to all buildings (excluding accessory buildings that are not habitable

buildings) via Council’s urban reticulated system (where available) in accordance with the

New Zealand Fire Service Firefighting Water Supplies Code of Practice (SNZ PAS:

4509:2008).

b. Where a reticulated water supply compliant with SNZ PAS:4509:2008 is not available, or

the only supply available is the controlled restricted rural type water supply which is not

compliant with SNZ PAS:4509:2008, water supply and access to water supplies for












17

firefighting shall be in accordance with the alternative firefighting water sources

provisions of SNZ PAS 4509:2008.”

[#2387.44 CERA]

4.3 Matters of Discretion - Papakāinga / Kāinga Nohoanga Zone and

Overlay

4.3.1 Recession Planes

a. Any visual dominance over adjoining properties.

b. Effects on amenity of adjoining properties, including daylight and sunlight admission.

c. Any loss of privacy for adjoining properties through overlooking.

a. Any effect on amenity of adjoining properties, including visual dominance, daylight and

sunlight admission, and loss of privacy from overlooking. [#2387.42 CERA]

b. Opportunities for landscaping and tree planting, as well as screening of buildings.

4.3.21 Internal Boundary Setback

a. The extent to which the site layout and use of spaces maintains for adjoining properties

adequate levels of privacy and outlook, taking into account:

ai. The need to enable an efficient, practical and/or pleasant use of the remainder of the site;

bii. The need to provide future occupants with adequate levels of daylight and outlook from

internal living spaces;

ciii. The need to provide future occupants with adequate levels of privacy from neighbouring

residential units or sites;

div. Adequate separation distance from any existing direct facing windows or balconies (within

the site or on adjoining sites) or to ensure appropriate levels of privacy are maintained;

ev. Any adverse effects of the proximity or bulk of the building in terms of loss of access to

daylight on and outlook from adjoining sites; and

f. Any adverse effects, in terms of visual dominance by buildings of the outlook from adjoining

sites and buildings. [#2387.48,1058 CERA]

4.3.32 Road Boundary Setback

a. Any loss of privacy for adjoining properties through overlooking.; and

b. Alternative practical locations for the building on the site.

c. For land other than Maori Land, tThe compatibility of the building in terms of appearance,

layout and scale of other buildings and sites in the surrounding area.

d. For land other than Maori Land, aAny detraction from the openness of the site to the

street, or any visual dominance over the street.

4.3.763 Building Height

a. The extent to which an increase in building height and any associated increase in the scale and

bulk of the building:

i. reflects its cultural and functional requirements both for the building itself and the use

of the zone; and

ii. affects amenity values of adjoining properties, resulting from visual dominance, loss

of daylight and sunlight admission, and loss of privacy from overlooking;

iii. for land other than Maori Land, is visually mitigated through the topography,

location, design and appearance of the building; and


18

iv. for land other than Maori Land, is compatible with the scale, proportion and

context of buildings and activities in the surrounding area. [#2285.36 Akaroa Civic Trust; #2241.3 Cook & Brailsford; #2145.4,12 Reeves; #2467.19

Zweis, #2159.36-38 Mitchell; #2469.22 Dickie]

4.3.874 Zone Coverage

a. Whether the additional coverage of the zone with buildings is appropriate to its context

taking into account:

i. The function of the building to support Ngai Tāhu whanau to deliver

economic, social and cultural development;

ii. The extent to which the topography and the location, scale, design and

appearance of the building, landscaping, natural features or existing

buildings mitigate the visual effects of additional buildings; and

iii. Any loss of privacy or other amenity values to adjoining residents and the

effectiveness of any mitigation measures.


#2159.36-38 Mitchell; #2469.22 Dickie]

4.3.81085 Water supply for firefighting

a. Whether sufficient firefighting water supply is available to ensure the health and safety

of the community, including neighbouring properties.

[#2387.46 CERA]

4.3.46 Traffic Generation and Access

a. The extent to which the traffic generated is appropriate to the character, amenity, safety and

efficient functioning of the access and road network in the area;

b. The ability to mitigate any adverse effects of the additional traffic generation;

c. The location of the proposed access points in terms of road and intersection efficiency and

safety, including availability or otherwise of space on the road for safe right hand turning into the

site; and

d. Any significant increase in glare from headlights;

e. Any marked reduction in the availability of on-street parking.

4.3.57 Scale of Non-Residential Business Activity

a. The extent to which increased scale is appropriate in the context of the surrounding environment


ai. Hours of operation;

bii. Traffic or pedestrian movements generated;

ciii. Any adverse effects, in terms of unreasonable [#2456.6-7 Environmental Noise

Analysis and Advice Service] noise, and loss of privacy, which would be inconsistent

with the respective environments; and

div. The compatibility of the scale of the activity and the proposed use of the buildings

with the scale of other buildings and activities in the surrounding area;

e. Extent to which the activity serves the needs of residents in the surrounding area;

fiv. The extent to which the business contributes to the local employment and the economic

base of Manawhenua and/or the needs of residents in the surrounding area.


19

4.3.6 Intensive Farming a. The extent to which the activity takes into account:

i. Number and type of animals

ii. Building design, including soundproofing and ventilation

iii. Effluent management and disposal

iv. Prevailing climatic conditions and topography of the site and surrounding

area that may affect odour and noise generation

v. The frequency and nature of management and supervision

vi. The sensitivity of the receiving environment.

b. The extent to which the scale of the operation and location of associated building/s

maintain the character and amenity value of the surrounding area, including relevant

zone Built Form Standards. [#2387.8 CERA General]

4.3.79 Outline Development Plan

An Outline Development Plan for the development of land identified in the overlay should:

a. have the approval of nga runanga;

b. support the objectives and policies of the Mahaanui Iwi Management Plan 2013 and the

Papakāinga / Kāinga Nohoanga zone and overlay;

c. integrate with and expand on the activities and buildings located within the Papakāinga

/ Kāinga Nohoanga zone and existing community infrastructure, business and

residential activities [#2159.3, .11 & .14 VJ & SC Mitchell]; and

d. complement the surrounding area while providing for the following matters, if

applicable:

i. the avoidance, remedy or mitigation of natural hazards;

ii. the mitigation of any anticipated adverse environmental effects, including

reverse sensitivity effects on nearby rural activities [#2159.3, .11 & .14 VJ & SC

Mitchell];

iii. the proposed utilities (including water supply for firefighting) to serve the site;

[#2387.46 CERA]

iv. the proposed integration and connection of future activities with the existing

activities within the zone;

v. the proposed accesses to the site and connections to the surrounding network,

such as any internal roading, public transport, cycleway, walkway layouts;

vi. any staging of the development;

vii. any possible future development;

viii. the proposed activities in the zone, such as residential, community, school,

business and recreation;

ix. the proposed location, design and siting of any large buildings;

x. the design and location of any landscaping, fencing or signage on the external

boundaries of the site; and

xi. the management of any sites or areas within the zone overlay which are

protected in the District Plan.

[#2458.195 MKT]


20

Other Chapter Changes

Chapter 6

6.1 Noise

6.1.4.1.1.1 Permitted Activities

Table 1

Zone Time

(hrs)

Permitted

LAeq LAmax

a. All Residential Zones

b. Rural Zone, except Rural Quarry Zone, measured at any notional boundary

c. Rural Quarry zone, measured at any notional boundary outside the Rural

Quarry zone

d. Specific Purpose (Flat Land Recovery) Zone

e. Papakāinga / Kāinga Nohoanga Zone

0700-

2200

50 75

2200-

0700

40 65

6.6 Water Body Setbacks

6.6.3.4 Cultural values and practices

a. Any beneficial or adverse effects on mahinga kai or customary harvesting.

b. Any beneficial or adverse effects on wahi tapu or wahi taonga.

c. The degree to which the proposal has regard to the objectives and policies of the Mahaanui

Iwi Management Plan.

d. Any adverse effects on sites of archaeological significance or historic heritage.

e. The degree to which the proposal on Māori land in the Papakāinga / Kāinga Nohoanga

Zone is in accordance with Tikanga Māori.

6.8 Signs


P10 Any sign on Māori land in the Papakāinga / Kāinga

Nohoanga Zone except flashing, illuminated,

intermittently illuminated, with moving

components, billboards, captive balloons or blimps,

or off-site signs [Rule 6.8.3.4 NC1 & NC2]

a. NIL

6.8.4.2 Signs attached to buildings

Total maximum

area of signs

per building

Maximum

height above

ground level at

top of sign

Additional controls


21

Residential

Zones

0.5m2 OR as

specified in

activity status

table for

permitted non-

residential

activities in

Chapter 14

Residential

Zones.

4m or façade

height, whichever

is lower

1. Any sign displayed on wall surfaces,

including individual lettering, shall be

integrated with the design of the

building (e.g placed wholly between

projecting features such as fins) and

shall not obscure any window, door

or architectural feature, visible from

the exterior of the building (See

diagram 3 in 6.11.8 Appendix A).

2. Where a sign, including a flag,

extends over part of a Transport

Zone the lowest part of the sign shall

be located minimum 2.6m above

ground.

Visitor

Accommodation

Zone

Papakainga

Small

Settlements

6.8.4.4 Free-standing signs

Residential, Visitor

Accommodation,

Open Space and

Rural Zones

Number

of Signs

per Site

Area Maximum

Height

above

ground

level

Additional Controls

Residential Zones 1 0.2m2 (OR as

specified in activity

status table for

permitted non-

residential activities

in Chapter 14

Residential zones).

4m Where a free-

standing sign, including a

flag, extends over part of a

Transport Zone the lowest

part of the sign shall be

located minimum 2.6m

above ground.

Visitor Accommodation

Papakainga

Small Settlements


22

Chapter 8 Subdivision, Development and Earthworks

8.8.2 Permitted Activities: Earthworks

Table 1: Maximum volumes - earthworks

Zone/Overlay Volume

Rural and Papakāinga /

Kāinga Nohoanga

Rural zones (excluding

excavation and filling

associated with quarrying

activities)

100m3/ha


23

Chapter 2 Definitions

A definition of Māori Land is provided to enable the rules to be understood and will be included in alphabetical order in Chapter 2 - Definitions. Māori Land means land with the following status:

a) Maori communal land gazetted as Maori reservation under s338 Te Ture Whenua Maori Act 1993; and

b) Maori customary land and Maori freehold land as defined in s4 and s129 Te Ture Whenua Act 1993

An explanation of the term Papakāinga / Kāinga Nohoanga is to be included in alphabetical order in Chapter 1 - Introduction. Papakāinga / Kāinga Nohoanga Papakāinga can be used to describe traditional forms of Māori communal living on ancestral or tribal lands. Papakāinga developments usually involve housing and marae facilities, but in its true sense, also includes a raft of facilities and activities associated with whanau or hapu providing for their social, cultural and economic well-being on tribal land. Papakāinga development is defined in the New Zealand Coastal Policy Statement 2010 as 'development of a communal nature on ancestral land owned by Māori'. Ngāi Tahu uses the term kāinga nohoanga to describe their traditional areas of communal living on tribal lands. Hence the term 'Papakāinga / Kāinga Nohoanga' has been applied to the name of the zone

in Chapter 4 to recognise the general use of the term 'papakāinga' in resource management

planning and the Ngāi Tahu term 'kāinga nohoanga'.

Attachment B: Updated Papakainga Zone Revised Proposal (Clean Version)

Joint Memorandum dated 15 December 2015 Attachment B – Updated Pāpakainga Zone Revised Proposal (Clean Version)

1

Chapter 4 Pāpakainga / Kāinga Nohoanga Zone

Key:

The following text is the Revised Proposal for the Papakainga Zone (now renamed Papakāinga / Kāinga Nohoanga Zone).

The Revised Proposal has been updated as a result of evidence presented and responses

to questions from the Panel at the Hearing on 23rd and 24th November 2015. Those

amendments, resulting from the hearing, are shown in underlined orange text (for inserted

text) and struck through orange text (for deleted text).

The text in black are the provisions agreed between the Crown, Te Rūnanga o Ngāi Tahu

and Ngā Rūnanga, and the Council that were not subject to change as a result of the

hearing.

In rule 4.2.2.1 Permitted Activities the equivalent Rural Banks Peninsula Zone activity is

referenced in [orange] and can be deleted in due course.


2

Chapter 4 Pāpakainga / Kāinga Nohoanga Zone

4.1 Objectives and Policies

4.1.1 Objective - Rangitiratanga and Kaitiakitanga

Papakāinga / Kāinga Nohoanga zones facilitate and enable:

a) Ngāi Tahu whanau to develop and use ancestral land to provide for kāinga nohoanga and

their economic, social and cultural well-being and to exercise kaitiakitanga; and

b) All landholders to use or develop land for activities appropriate in a rural area.

4.1.1.1 Policy - Provision for a Range of Residential and Non-Residential

Activities

Enable the use and development of Māori Land for a range of residential and non-residential activities

in accordance with tikanga Māori, including kāinga nohoanga and mahinga kai, to support the social,

cultural and economic aspirations of mana whenua.

4.1.1.2 Policy - Sustainable Management

Land use and development is undertaken, in ways which ensure:

a. Integration of land use with infrastructure in a manner appropriate to the site and

development;

b. For the use of land for papakāinga/kāinga nohoanga, the exercise of kaitiakitanga and tikanga

Māori, including in the design and layout of buildings, facilities and activities;

c. Effects of natural hazards, including land instability and flooding, and potential liquefaction are

avoided or mitigated to an acceptable level of risk;

d. Maintenance of the privacy and amenity values of adjoining landowners;

e. [Outstanding natural landscapes and features, coastal natural character areas, and significant

landscapes, and sites of Ngai Tahu cultural significance. The requirement for this policy will

be reconsidered by the Panel as part of its further hearing of relevant proposals.]

4.1.1.3 Policy - Future Development

Support the application of the Papakāinga / Kāinga Nohoanga zone in other locations where it

facilitates enables the use and development of Ngāi Tahu ancestral land for a range of residential

and non-residential activities in accordance with tikanga Māori, to provide for their support the

social, cultural and economic well-being of Ngāi Tahu whanui.

4.1.1.4 Policy - Rural Activities

In addition to 4.1.1.1, enable rural activities on any land in a manner that is consistent with the Rural

Banks Peninsula Zone provisions.


3

4.1.1.5 Policy – Comprehensive Coordinated approach to development

On Māori land, encourage an comprehensive and integrated approach to the development of land

for papakāinga / kāinga nohoanga for larger scale developments or where there are multiple resource

consents are required matters, including through the use of a comprehensive coordinated

development plan.

4.2 Rules

4.2.1 How to Use the Rules

4.2.1.1 The rules that apply to activities in the Papakāinga / Kāinga Nohoanga Zone are

contained in:

a. The Activity Status Tables below and Standards for permitted activities

in 4.2.54

4.2.1.2 The Activity Status Tables and Standards in the following chapters also apply to

activities in all areas of the Papakāinga / Kāinga Nohoanga Zone:

5 Natural Hazards;

6 General Rules and Procedures (Rule 6.1 Noise; 6.3 Outdoor

Lighting and Glare; 6.6 Water Body Setbacks; 6.8 Signs);

7 Transport (Rules P7 Access design; P8 Vehicle crossings; P9

Location of buildings and access in relation to road/rail

crossings; P10 High trip generators);

8 Subdivision, Development and Earthworks (rules TBC through

Stage 2);

9 Natural and Cultural Heritage (rules TBC through Stage 3);

11 Utilities, Energy and Infrastructure;

12 Hazardous Substances and Contaminated Land; and

19 Coastal Environment (rules TBC through Stage 3).

4.2.1.3 Note: Permitted activities under this chapter of the Plan may still require building

consents and consents from other agencies.

4.2.2 Activity Status - Māori Land


On land which is held as Māori Land under Te Ture Whenua Maori Act 1993, the activities listed

below are permitted activities if they comply with Activity Specific Standards set out in this table and

the Built Form Sstandards for permitted activities in Rule 4.2.54.

Activities may also be Controlled, Restricted Discretionary, Discretionary or Non-Complying as

specified in Rules 4.2.32.2, and 4.2.32.3, 4.2.2.4 and 4.2.2.5.




4


P1 Marae Complexes,

including wharenui,

wharekai, manuhiri

noho (guest

accommodation with or

without tariff) and

associated accessory

buildings

1. Nil

P2 Residential Activity [P7

of RuBP],

including minor

residential units [P9,

RD3 & RD8 of RuBP],

and kaumatua units.

1. Nil

P3 Home occupations [P10

of RuBP]

1. Nil

P4 Relocation of or

repairs, replacement

and/or additions

to [P8 of RuBP]

residential units

1. Nil

P5 Community

activities and

associated facilities

[P16 of RuBP, RD10 of

RuBP], including Whare

Hauora (Health care

facilities)

1. Nil

P6 Kohanga Reo (Pre-

School


and Kura Kaupapa

(Education


1. Nil

P7 Hakinakina (Recreation

activities and facilities)

[P12 of RuBP]

1. Nil
























5


P8 Ahuwhenua (Farming)

[P1 of RuBP] including

Huawhenua

(Horticulture), Rural

produce

manufacturing [P4 of

RuBP] and Existing

forestry. [P5 of RuBP]

1. Nil

P9 Urupa 1. Nil

P10 Whare hoko

(Convenience

Activities), including

Rural produce retail

[P3 of RuBP] and

Arumoni (Commercial

Services), including

Veterinary care

facilities [P19 of

RuBP] and Rural

tourism activity [P14

of RuBP]

1. Maximum of 100m2 GLFA per business.

P11 Offices 1. Maximum of 100m2 GLFA per business

P12 Makete (Markets) 1. Not exceeding one event per week

P13 Farm building [P2 of

RuBP].

1. Nil

P14 Conservation activities

[P11 of RuBP],

including New access

tracks [P17 of RuBP]

1. Nil

P15 Farm Stay [P13 of

RuBP]

1.

P156 Emergency services

facilities [P18 of RuBP]

1. Nil

P167 Heli-landing area [P20

of RuBP]

1. Shall be located on a minimum nominated land area of

3,000m2








6


P178 Flood protection

activities, including

planting of exotic trees,

earthworks and

structure, undertaken by

Christchurch City

Council or Canterbury

Regional Council [P21

of RuBP]

1. Nil

P189 Public amenities [P22

of RuBP]

1. Maximum of 100m2 GLFA per building.

P1920 Mahinga kai 1. Nil

P201 On land held as Māori

Reservation for

Communal Purposes

under s338 of Te Ture

Whenua Māori Act

1993, any activity

specified in the Gazette

notice and any ancillary

activity.

1. Nil


There are no controlled activities


The activities listed in the table below are restricted discretionary activities

Activity The Council’s discretion shall be limited

to the following matters.


comply with any one or more of the

Activity Specific Standards in 4.2.2.1

Any application arising from this rule will

not require written approvals and shall

not be publicly or limited notified

a. Relevant Matters of Discretion in 4.3




7


comply with any one or more of the Built

Form Standards for Permitted Activities

in Rule 4.2.4


compliance with this rule shall only be

limited notified to directly abutting land

owners and occupiers who have not

given their written approval


compliance with Built Form Standard

4.2.4.5 will not require the written

approval of any entity except the New

Zealand Fire Service Commission with

respect to Built Form Standard 4.2.4.5

and shall not be fully publicly notified.

Limited notification if required shall only

be to the New Zealand Fire Service

Commission only in respect to Built

Form Standard 4.2.4.5.

a. Relevant Matters of Discretion in 4.3

RD3 Any controlled, restricted discretionary,

discretionary or non-complying activity in

Chapters 5, 6.1 - 6.7 and 6.9 - 6.10, 7 8,

9, 11, 12 and 19.

Any application arising from this rule,

except in relation to Chapter 6 and 7,


shall not be publicly or limited notified.

except in relation to Chapter 6 and 7.


in relation to Chapter 6 and 7 shall

require written approvals and/or be

publicly notified as set out in relevant

rule.

a. Relevant Matters of Discretion in

Chapters 5, 6, 7 8, 9, 11, 12 and 19

for that activity.

b. Relevant Objectives and Policies in

Chapters 4, 5, 6, 7 8, 9, 11, 12 and

19 for that activity.


discretionary or discretionary activity

in Chapter 6.8.


shall require written approvals and/or

be publicly notified as set out in

relevant rule.

Note: For Non-complying activities

see Rule 4.2.2.5


Chapter 6

b. Relevant Objectives and Policies

in Chapter 6



8

RD45 Boarding of domestic animals [RD4 of

RuBP]


4.3; and


facilities and Boarding of domestic

animals in 17.8.2.3

RD56 Equestrian facility [RD5 of RuBP] a. Relevant Matters of Discretion in

4.3; and



animals in 17.8.2.3

RD67 Intensive farming [RD6 of RuBP] a. Relevant Matters of Discretion in

4.3; and



animals in 17.8.2.3

RD78 Plantation forestry [RD7 of RuBP] a. Plantation forestry in 17.8.2.4


Activity

D1 Any other activity not listed as a permitted, controlled, or restricted discretionary or

non-complying activity.

4.2.2.45 Non Complying Activities

Note; There are no non-complying activities in respect of Rule 4.2.4.

Activity

NC1 Any activity listed in 6.8.3.4 NC1 and NC2



9

4.2.43 - Activity Status Table - Other Land


In the Papakāinga /Kāinga Nohoanga Zone, on land which is not held as Māori Land, the activities

listed below are permitted activities if they comply with the Activity Specific Standards and Built Form

Standards in Rule 4.2.5 of the Rural Banks Peninsula Zone.

Note: The Built Form Standards in Rule 4.2.4 do not apply to Rule 4.2.3

Activities may also be Controlled, Restricted Discretionary, Discretionary, or Non-Complying, or

Prohibited as specified in Rules 4.2.43.2, 4.2.43.3, 4.2.43.4, and 4.2.43.5 and 4.2.3.6.


P1 Any Permitted Activity in the Rural Banks Peninsula Zone

a. The relevant standards in the Rural Banks Peninsula Zone


Activity The Council’s control shall be limited to the

following matters.

C1 Any Controlled Activity in


Zone


Peninsula Zone


Activity The Council’s discretion shall be limited to the

following matters.

RD1 Any Restricted Discretionary

Activity in the Rural Banks

Peninsula Zone

b. The relevant matters in the Rural Banks

Peninsula Zone


Activity The Council will consider any matters under

section 104 of the Act, including:

D1 Any Discretionary Activity in


Zone


Peninsula Zone


10

4.2.43.45 Non-Complying Activities

Activity

NC1 Any Non-Complying Activity in the Rural Banks Peninsula Zone

4.2.43.56 Prohibited Activities

Activity

PR1 Any Prohibited Activity in the Rural Banks Peninsula Zone

4.2.54 Built Form Standards – Māori Land in the Papakāinga /

Kāinga Nohoanga Zone

4.2.5.1 Recession Planes

a. The recession plane requirements for all buildings shall be those for the Rural Banks

Peninsula Zone, and applied at the legal boundary of any property where it adjoins

other property which is not held in the same ownership, excluding roads.

4.2.54.21 Internal Boundary Setback

a. The minimum setback from internal boundaries for buildings and structures shall be 10m and

shall apply at the legal boundary of any property where it adjoins another property which is not

held in the same ownership or used for the same development.

4.2.54.32 Road Boundary Setback

a. The mMinimum setback distance for any building from the road shall be 15m.

4.2.54.43 Building Height

a. For all land, tThe maximum height of any building shall be 9m. This standard shall not apply to

art, carvings or other cultural symbols fixed to Māori Land or to buildings erected on Māori

Land.

4.2.54.54 Maximum coverage

a. For Maori Land, tThe maximum building coverage shall be 35% of the legal boundary of

any property.

b. For other land, the maximum coverage shall be 10% or 2,000m2, whichever is lesser.

4.2.54.65 Water supply for firefighting

a. Provision for sufficient water supply and access to water supplies for firefighting shall be made

available to all buildings (excluding accessory buildings that are not habitable buildings) via

Council’s urban reticulated system (where available) in accordance with the New Zealand Fire

Service Firefighting Water Supplies Code of Practice (SNZ PAS: 4509:2008).



11

b. Where a reticulated water supply compliant with SNZ PAS:4509:2008 is not available, or the only

supply available is the controlled restricted rural type water supply which is not compliant with

SNZ PAS:4509:2008, water supply and access to water supplies for firefighting shall be in

accordance with the alternative firefighting water sources provisions of SNZ PAS 4509:2008.

4.3 Matters of Discretion - Papakāinga / Kāinga Nohoanga Zone

4.3.21 Internal Boundary Setback

a. The extent to which the site layout and use of spaces maintains for adjoining properties adequate

levels of privacy and outlook, taking into account:

i. The need to enable an efficient, practical and/or pleasant use of the remainder of the site;

ii. The need to provide future occupants with adequate levels of daylight and outlook from

internal living spaces;

iii. The need to provide future occupants with adequate levels of privacy from neighbouring

residential units or sites;

iv. Adequate separation distance from any existing direct facing windows or balconies (within

the site or on adjoining sites) or to ensure appropriate levels of privacy are maintained; and

v. Any adverse effects of the proximity or bulk of the building in terms of loss of access to

daylight on and outlook from adjoining sites;

4.3.32 Road Boundary Setback

a. Any loss of privacy for adjoining properties through overlooking; and

b. Alternative practical locations for the building on the site.

c. For land other than Maori Land, the compatibility of the building in terms of appearance,

layout and scale of other buildings and sites in the surrounding area.

d. For land other than Maori Land, any detraction from the openness of the site to the street,

or any visual dominance over the street.

4.3.63 Building Height

a. The extent to which an increase in building height and any associated increase in the scale and

bulk of the building:

i. reflects its cultural and functional requirements both for the building itself and the use of the

zone; and

ii. affects amenity values of adjoining properties, resulting from visual dominance, loss of

daylight and sunlight admission, and loss of privacy from overlooking;

iii. for land other than Maori Land, is visually mitigated through the topography, location,

design and appearance of the building; and

iv. for land other than Maori Land, is compatible with the scale, proportion and context

of buildings and activities in the surrounding area.

4.3.74 Coverage

a. Whether the additional coverage of the zone with buildings is appropriate to its context taking

into account:

i. The function of the building to support Ngai Tāhu whanau to deliver economic, social and

cultural development;


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ii. The extent to which the topography and the location, scale, design and appearance of the

building, landscaping, natural features or existing buildings mitigate the visual effects of

additional buildings; and

iii. Any loss of privacy or other amenity values to adjoining residents and the effectiveness of

any mitigation measures.

4.3.85 Water supply for firefighting

a. Whether sufficient firefighting water supply is available to ensure the health and safety of the

community, including neighbouring properties.

4.3.46 Traffic Generation and Access

a. The extent to which the traffic generated is appropriate to the character, amenity, safety and

efficient functioning of the access and road network in the area;

b. The ability to mitigate any adverse effects of the additional traffic generation;

c. The location of the proposed access points in terms of road and intersection efficiency and

safety, including availability or otherwise of space on the road for safe right hand turning into the

site; and

d. Any significant increase in glare from headlights;

4.3.57 Scale of Non-Residential Business Activity

a. The extent to which increased scale is appropriate in the context of the surrounding environment


i. Hours of operation;

ii. Traffic or pedestrian movements generated;

iii. Any adverse effects, in terms of unreasonable noise, and loss of privacy, which would be

inconsistent with the respective environments; and

iv. The extent to which the business contributes to the local employment and the economic

base of Manawhenua and/or the needs of residents in the surrounding area.


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Other Chapter Changes

Chapter 6

6.1 Noise

6.1.4.1.1.1 Permitted Activities

Table 1

Zone Time

(hrs)

Permitted

LAeq LAmax

a. All Residential Zones

b. Rural Zone, except Rural Quarry Zone, measured at any notional boundary

c. Rural Quarry zone, measured at any notional boundary outside the Rural

Quarry zone

d. Specific Purpose (Flat Land Recovery) Zone

e. Papakāinga / Kāinga Nohoanga Zone

0700-

2200

50 75

2200-

0700

40 65

6.6 Water Body Setbacks

6.6.3.4 Cultural values and practices

a. Any beneficial or adverse effects on mahinga kai or customary harvesting.

b. Any beneficial or adverse effects on wahi tapu or wahi taonga.

c. The degree to which the proposal has regard to the objectives and policies of the Mahaanui

Iwi Management Plan.

d. Any adverse effects on sites of archaeological significance or historic heritage.

e. The degree to which the proposal on Māori land in the Papakāinga / Kāinga Nohoanga

Zone is in accordance with Tikanga Māori.

6.8 Signs


P10 Any sign on Māori land in the Papakāinga / Kāinga

Nohoanga Zone except flashing, illuminated,

intermittently illuminated, with moving

components, billboards, captive balloons or blimps,

or off-site signs [Rule 6.8.3.4 NC1 & NC2]

a. NIL

6.8.4.2 Signs attached to buildings

Total maximum

area of signs

per building

Maximum

height above

ground level at

top of sign

Additional controls


14

Residential

Zones

0.5m2 OR as

specified in

activity status

table for

permitted non-

residential

activities in

Chapter 14

Residential

Zones.

4m or façade

height, whichever

is lower

1. Any sign displayed on wall surfaces,

including individual lettering, shall be

integrated with the design of the

building (e.g placed wholly between

projecting features such as fins) and

shall not obscure any window, door

or architectural feature, visible from

the exterior of the building (See

diagram 3 in 6.11.8 Appendix A).

2. Where a sign, including a flag,

extends over part of a Transport

Zone the lowest part of the sign shall

be located minimum 2.6m above

ground.

Visitor

Accommodation

Zone

Papakainga

Small

Settlements

6.8.4.4 Free-standing signs

Residential, Visitor

Accommodation,

Open Space and

Rural Zones

Number

of Signs

per Site

Area Maximum

Height

above

ground

level

Additional Controls

Residential Zones 1 0.2m2 (OR as

specified in activity

status table for

permitted non-

residential activities

in Chapter 14

Residential zones).

4m Where a free-

standing sign, including a

flag, extends over part of a

Transport Zone the lowest

part of the sign shall be

located minimum 2.6m

above ground.

Visitor Accommodation

Papakainga

Small Settlements


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Chapter 8 Subdivision, Development and Earthworks

8.8.2 Permitted Activities: Earthworks

Table 1: Maximum volumes - earthworks

Zone/Overlay Volume

Rural and Papakāinga /

Kāinga Nohoanga

Rural zones (excluding

excavation and filling

associated with quarrying

activities)

100m3/ha


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Chapter 2 Definitions

A definition of Māori Land is provided to enable the rules to be understood and will be included in alphabetical order in Chapter 2 - Definitions. Māori Land means land with the following status:

a) Maori communal land gazetted as Maori reservation under s338 Te Ture Whenua Maori Act 1993; and

b) Maori customary land and Maori freehold land as defined in s4 and s129 Te Ture Whenua Act 1993

An explanation of the term Papakāinga / Kāinga Nohoanga is to be included in alphabetical order in Chapter 1 - Introduction. Papakāinga / Kāinga Nohoanga Papakāinga can be used to describe traditional forms of Māori communal living on ancestral or tribal lands. Papakāinga developments usually involve housing and marae facilities, but in its true sense, also includes a raft of facilities and activities associated with whanau or hapu providing for their social, cultural and economic well-being on tribal land. Papakāinga development is defined in the New Zealand Coastal Policy Statement 2010 as 'development of a communal nature on ancestral land owned by Māori'. Ngāi Tahu uses the term kāinga nohoanga to describe their traditional areas of communal living on tribal lands. Hence the term 'Papakāinga / Kāinga Nohoanga has been applied to the name of the zone

in Chapter 4 to recognise the general use of the term 'papakāinga' in resource management

planning and the Ngāi Tahu term 'kāinga nohoanga'.

Documents

Simpson Grierson...2015/12/15 · A clean version of the updated revised proposal, only showing the changes made following the version filed during the hearing on 23 November 2015,