Agenda of Hearings Committee - 16 February 2016

I hereby give notice that an ordinary meeting of the Hearings Committee will be held on:

Date:

Time:

Meeting Room:

Venue:

Tuesday, 16 February 2016

2.00pm

Level 26
135 Albert Street
Auckland

Hearings Committee

OPEN AGENDA

MEMBERSHIP

Chairperson	Cr Linda Cooper, JP
Deputy Chairperson	Cr Penny Webster
Members	Cr Anae Arthur Anae
	Cr Chris Darby
	Cr Calum Penrose
	Mr David Taipari
	Cr Wayne Walker
	Mr Glenn Wilcox
Ex-officio	Mayor Len Brown, JP
	Deputy Mayor Penny Hulse

(Quorum 3 members)

Louis Dalzell

Democracy Advisor

10 February 2016

Contact Telephone: (09) 890 8135

Email: louis.dalzell@aucklandcouncil.govt.nz

Website: www.aucklandcouncil.govt.nz

TERMS OF REFERENCE

The Hearings Committee will have responsibility for:

· Decision making (including through a hearings process) under the Resource Management Act 1991 and related legislation;

· Hearing and determining objections under the Dog Control Act 1996;

· Decision making under the Sale and Supply of Alcohol Act 2012

· Hearing and determining matters regarding drainage and works on private land under the Local Government Act 1974 and Local Government Act 2002. This delegation cannot be sub-delegated;

· Hearing and determining matters arising under bylaws, including applications for dispensation from compliance with the requirements of bylaws;

· Receiving recommendations from officers and appointing independent hearings commissioners to a pool of commissioners who will be available to make decisions on matters as directed by the Hearings Committee;

· Receiving recommendations from officers and deciding who should make a decision on any particular matter including who should sit as hearings commissioners in any particular hearing;

· Monitoring the performance of decision makers including responding to complaints made about decision makers;

· Where decisions are appealed or where the Hearings Committee decides that the Council itself should appeal a decision, directing the conduct of any such appeals; and

· Adopting a policy or policies and making any necessary sub-delegations relating to any of the above areas of responsibility to provide guidance and transparency to those involved.

Not all decisions under the Resource Management Act 1991 and other enactments require a hearing to be held and the term “decision making” is used to encompass a range of decision making processes including through a hearing. “Decision making” includes, but is not limited to, decisions in relation to applications for resource consent, plan changes, notices of requirement, objections, existing use right certificates and certificates of compliance and also includes all necessary related decision making.

In adopting a policy or policies and making any sub-delegations, the Hearings Committee must ensure that it retains oversight of decision making under the Resource Management Act 1991 and that it provides for Councillors to be involved in decision making in appropriate circumstances.

For the avoidance of doubt, these delegations confirm the existing delegations (contained in the Chief Executive’s Delegations Register) to hearings commissioners and staff relating to decision making under the RMA and other enactments mentioned below but limits those delegations by requiring them to be exercised as directed by the Hearings Committee.

Relevant legislation includes but is not limited to:

Resource Management Act 1991;
Building Act 2004;
Local Government Act 2002;
Local Government Act 1974;
Local Government (Auckland Council Act) 2009;
Local Government (Auckland Transitional Provisions) Act 2010;
Dog Control Act 1996;

Fencing of Swimming Pools Act 1987;

Gambling Act 2003;

Sale of Liquor Act 1989;

Sale and Supply of Alcohol Act 2012
Health Act 1956;
Biosecurity Act 1993;
Related Regulations; and
Council Bylaws.

Exclusion of the public – who needs to leave the meeting

Members of the public

All members of the public must leave the meeting when the public are excluded unless a resolution is passed permitting a person to remain because their knowledge will assist the meeting.

Those who are not members of the public

General principles

· Access to confidential information is managed on a “need to know” basis where access to the information is required in order for a person to perform their role.

· Those who are not members of the meeting (see list below) must leave unless it is necessary for them to remain and hear the debate in order to perform their role.

· Those who need to be present for one confidential item can remain only for that item and must leave the room for any other confidential items.

· In any case of doubt, the ruling of the chairperson is final.

Members of the meeting

· The members of the meeting remain (all Governing Body members if the meeting is a Governing Body meeting; all members of the committee if the meeting is a committee meeting).

· However, standing orders require that a councillor who has a pecuniary conflict of interest leave the room.

· All councillors have the right to attend any meeting of a committee and councillors who are not members of a committee may remain, subject to any limitations in standing orders.

Independent Māori Statutory Board

· Members of the Independent Māori Statutory Board who are appointed members of the committee remain.

· Independent Māori Statutory Board members and staff remain if this is necessary in order for them to perform their role.

Staff

· All staff supporting the meeting (administrative, senior management) remain.

· Other staff who need to because of their role may remain.

Local Board members

· Local Board members who need to hear the matter being discussed in order to perform their role may remain. This will usually be if the matter affects, or is relevant to, a particular Local Board area.

Council Controlled Organisations

· Representatives of a Council Controlled Organisation can remain only if required to for discussion of a matter relevant to the Council Controlled Organisation.

Hearings Committee

16 February 2016

ITEM TABLE OF CONTENTS PAGE

1 Apologies 7

2 Declaration of Interest 7

3 Confirmation of Minutes 7

4 Local Board Input 7

5 Extraordinary Business 7

6 Notices of Motion 8

7 Appointment of independent commissioners: Notice of Requirement and applications for resource consent made by Watercare Services Limited for the Runciman Water Reservoirs Project, Pukekohe 9

8 District and Regional Plans Appeal Status Report at 30 January 2016 19

9 Noting the urgent decisions of 17 December 2015 to designate supplementary duty commissioners and appoint hearing commissioners 25

10 Consideration of Extraordinary Items

PUBLIC EXCLUDED

11 Procedural Motion to Exclude the Public 53

C1 Resource Consent Appeals: Status Report 16 February 2016 53

C2 Noting the urgent decisions of 17 December 2015: Madhava Limited v Auckland Council and Gilbert v Auckland Council 53

C3 Noting the urgent decision of 9 February 2016: Plan Change 372 Appeals - Three Kings 54

1 Apologies

At the close of the agenda apologies have been received from Mayor LCM Brown and Deputy Mayor PA Hulse.

2 Declaration of Interest

Members are reminded of the need to be vigilant to stand aside from decision making when a conflict arises between their role as a member and any private or other external interest they might have.

At the close of the agenda no requests for declarations of interest had been received.

3 Confirmation of Minutes

That the Hearings Committee:

a) confirm the ordinary minutes of its meeting, held on Tuesday, 15 December 2015, including the confidential section, as a true and correct record.

4 Local Board Input

Standing Order 3.22 provides for Local Board Input. The Chairperson (or nominee of that Chairperson) is entitled to speak for up to five (5) minutes during this time. The Chairperson of the Local Board (or nominee of that Chairperson) shall wherever practical, give two (2) days notice of their wish to speak. The meeting Chairperson has the discretion to decline any application that does not meet the requirements of Standing Orders.

This right is in addition to the right under Standing Order 3.9.14 to speak to matters on the agenda.

At the close of the agenda no requests for local board input had been received.

5 Extraordinary Business

Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“An item that is not on the agenda for a meeting may be dealt with at that meeting if-

(a) The local authority by resolution so decides; and

(b) The presiding member explains at the meeting, at a time when it is open to the public,-

(i) The reason why the item is not on the agenda; and

(ii) The reason why the discussion of the item cannot be delayed until a subsequent meeting.”

Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:

“Where an item is not on the agenda for a meeting,-

(a) That item may be discussed at that meeting if-

(i) That item is a minor matter relating to the general business of the local authority; and

(ii) the presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but

(b) no resolution, decision or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion.”

6 Notices of Motion

At the close of the agenda no requests for notices of motion had been received.

Hearings Committee

16 February 2016

Appointment of independent commissioners: Notice of Requirement and applications for resource consent made by Watercare Services Limited for the Runciman Water Reservoirs Project, Pukekohe

File No.: CP2016/00468

Purpose

1. To appoint independent commissioners to make a recommendation and decisions under the Resource Management Act 1991 (RMA) on a Notice of Requirement (NoR) and applications for resource consent for the Watercare Services Limited (Watercare) Runciman Water Reservoirs Project.

Executive Summary

2. Watercare is proposing to construct, operate and maintain two new 50 megalitre (ML) water storage reservoirs and associated infrastructure on land located at 108 Runciman Road, Pukekohe East (the Runciman Water Reservoirs Project).

3. Watercare is a Requiring Authority and has served a NoR to Auckland Council for designating the land for water supply and storage purposes, alongside lodging applications for resource consent for the proposed works.

4. At Watercare’s request, Auckland Council publicly notified the NoR and applications for resource consent on 3 November 2015. A total of 46 submissions have been received and require consideration at a hearing which is likely to be held in mid-March 2016. Technically 44 of the submissions relate to the application for resource consent rather than the NoR.

5. In accordance with the policy of the Hearings Committee, officers recommend that independent commissioners be appointed to hear the matter because the applicant is an Auckland Council Controlled Organisation.

6. Accordingly, this report seeks that the committee appoint independent commissioners to make a recommendation under section 171 of the RMA on the NoR and determine the applications for resource consent under section 104 of the RMA.

Recommendations

That the Hearings Committee:

a) appoint three independent commissioners, with expertise in planning, landscape, heritage and civil engineering, to hear and make, under sections 171 and 104 of the Resource Management Act 1991, a recommendation and decisions on the Notice of Requirement and applications for resource consent by Watercare Services Limited for the Runciman Water Reservoirs Project at 108 Runciman Road, Pukekohe East.

b) delegate authority to the chairperson of the Hearings Committee to make replacement appointments should any of the appointed independent commissioners in (a) above be unavailable.

Comments

Background

7. The Runciman Water Reservoirs Project involves the construction, operation and maintenance of two new water storage reservoirs and associated infrastructure, located at 108 Runciman Road, Pukekohe East.

8. The reservoirs will connect to an existing watermain along Runciman Road to be supplied with drinking water from the Waikato Water Treatment Plant. The reservoirs will then feed the Redoubt Road Reservoir Complex in Manukau Heights by an existing gravity main.

9. The Runciman Water Reservoirs Project includes:

· Two water storage reservoirs, each with an approximately 50ML capacity, footprint of 5,000m², diameter of 80m, and a height of approximately 13m;

· A stormwater and emergency reservoir overflow detention pond with an approximate capacity of 8ML, including a controlled discharge facility;

· Underground pipes within the site and along Rutherford Road, connecting the on-site detention pond to an existing culvert at the head of a watercourse approximately 200m east of the site;

· Temporary construction access to the site from Runciman Road;

· A paved permanent vehicular access way to the site from Rutherford Road;

· Underground pipe connections to the existing Waikato No.1 watermain at two tie-in points on Runciman Road;

· Ancillary above ground structures; and

· Earth bunding and landscaping of the site.

10. Watercare estimate construction of the first reservoir will begin in 2017. This will take between two and three years to complete. The timing for the construction of the second reservoir will depend on the growth in demand for water supply.

11. The reservoirs will be visible structures in the landscape, and the proposed work includes earth bunding, screening and landscaping around the reservoirs to soften their visual prominence. Subject to operational requirements and health and safety, Watercare has advised there are opportunities to create new recreation space, heritage signage and walkways as part of the project.

Notice of Requirement

12. The site is located on part of the property at 108 Runciman Road, Pukekohe East. The property is currently being used for horticultural purposes. Approximately 6.8 ha of the property will be required for the proposed work, with the balance remaining available for on-going horticultural use.

13. The proposed designation will enable temporary construction activities and the long term operation, access, inspection and maintenance of water supply and storage infrastructure and associated activities.

Resource consents

14. Watercare has applied for resource consents under the following Plans and National Environmental Standard: the Auckland Council Regional Plan: Air, Land and Water; the Auckland Council Regional Plan: Sediment Control; the Proposed Auckland Unitary Plan; and the National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health.

15. Resource consents are required for the following activities:

· Discharge of potable water (emergency overflows) from the proposed reservoirs;

· Diversion and discharge of stormwater;

· Bulk earthworks; and

· Disturbance of soil on a potentially contaminated site.

Consideration

Local Board views and implications

16. Watercare have had an ongoing engagement with the Franklin Local Board regarding the Runciman Water Reservoirs Project and indicate in their application documentation that they have held a workshop, including a presentation on the project, with the board. The board was invited and attended the two open day events which Watercare held in Pukekohe for consulting with the wider community. Council officers have not sought further input from the board as the proposal does not trigger the need to consult.

Māori impact statement

17. Prior to lodgement, Watercare consulted with all 19 mana whenua groups that have a registered interest regarding activities in the Auckland area. The following groups indicated to Watercare that they have an interest in the proposal: Ngati Tamaoho; Ngati Maru; Ngati Whanaunga; Te Akitai Waiohua; and Waikato-Tainui.

18. Matters queried by these groups include their potential involvement in the site landscape design and making provision for cultural monitoring during excavations. Ngati Maru have confirmed they do not wish to prepare a Cultural Impact Assessment in respect of this application. None of the other three groups have responded in this regard.

19. Watercare indicates that they will be seeking to continue their engagement with mana whenua as the project develops.

20. No formal submissions from mana whenua authorities or groups have been received.

Implementation

21. The procedure for assessing NoRs is set out in sections 168-179 of the RMA. A NoR process is subject to the same statutory timeframes as for a resource consent process. The procedure for assessing the applications for resource consent is set out in sections 88-104 of the RMA.

22. There are no financial or legal implications beyond those normally associated with the appointment of hearing commissioners. The costs for processing the NoR and applications for resource consent, including any notification and hearing / commissioner costs, are recoverable from Watercare.

Attachments

No.	Title	Page
a View	Runciman Reservoirs Project Summary Document, October 2015, prepared by Watercare Services Limited	13

Signatories

Authors

Peter Kensington - Principal Planner, Hearings and Resolutions

Robert Andrews - Resolutions Team Manager

Authorisers

Ian Smallburn - General Manager Resource Consents

Hearings Committee

16 February 2016

District and Regional Plans Appeal Status Report at 30 January 2016

File No.: CP2016/00429

Purpose

1. To receive an update on the current status of outstanding appeals region wide.

Executive Summary

2. This report provides a summary of current district and regional plan appeals (refer Attachment A). Should members have detailed questions concerning specific appeals, it would be helpful if they could be raised with Warren Maclennan – (Mobile 021 646590), or email warren.maclennan@aucklandcouncil.govt.nz, prior to the meeting.

Recommendation/s

That the Hearings Committee:

a) receive the District and Regional Plans Appeal Status Report.

Comments

3. The summary table is attached as Attachment A.

Consideration

Local Board views and implications

4. Local board views have not been sought as this report is a Status Report and does not seek any specific decisions in relation to the Appeals.

Māori impact statement

5. The decision requested of the Hearings Committee is to receive this progress report on appeals rather than to decide each appeal.

6. All of these appeals relate to Plan Changes or Notices of Requirement which are being processed according to the Resource Management Act. As each appeal is negotiated or settled, a report is prepared for the Committee’s consideration which includes a Māori Impact Statement covering matters related to each specific matter.

Implementation

7. There are no implementation issues.

Attachments

No.	Title	Page
a View	Region-wide Appeals Status Report at 30 January 2016	21

Signatories

Authors

Warren Maclennan - Manager Planning - North/West

Authorisers

John Duguid - General Manager - Plans and Places

Ian Smallburn - General Manager Resource Consents

Hearings Committee

16 February 2016

Noting the urgent decisions of 17 December 2015 to designate supplementary duty commissioners and appoint hearing commissioners

File No.: CP2016/00465

Purpose

1. To advise the Hearings Committee of decisions made under urgency to designate two additional independent commissioners as duty commissioners and to appoint commissioners to make decisions on resource consent applications.

Executive Summary

Designation of duty commissioners

2. Leigh McGregor and Ian Munro, current independent commissioners, were designated to act as duty commissioners for the period from 1 January 2016 to 1 July 2016.

3. David Hill and Les Simmons, previously designated as duty commissioners, have been appointed as additional Auckland Unitary Plan Panel members and became unavailable for independent commissioner and duty commissioner roles.

4. The matter proceeded under urgency because of the need for on-call duty commissioners to ensure continuity of decision making from 10 January 2016.

New Old Mangere Bridge applications

5. Karyn Sinclair (Chair), Mark Farnsworth and Bill Kapea, independent commissioners, were appointed to make a decision on resource consent applications by the New Zealand Transport Agency for the proposed New Old Mangere Bridge.

6. The appointments were required prior to the next meeting of the Hearings Committee on 16 February 2016 to meet statutory timeframes.

Managed fill facility application, Blackbridge Road, Pine Valley

7. Rebecca Macky (Chair), Alan Pattle, and Robert Scott, independent commissioners, and Hibiscus and Bays Local Board Chair Julia Parfitt were appointed to make decisions on an application for resource consent to establish and operate a managed fill facility over a 10 year period at Lot 4 DP 166787 and Lot 2 DP 422009 Blackbridge Road, Pine Valley.

8. The appointments were required prior to the next meeting of the Hearings Committee on 16 February 2016 to meet statutory timeframes.

Comments

9. The decisions were made under urgency under Section 2 and 5.1.1 of the Hearings Committee policy and terms of reference.

10. The decisions were made by Chairperson Linda Cooper, Councillor Calum Penrose and Member Glenn Wilcox on 17 December 2015.

Recommendations

That the Hearings Committee:

a) note the decision to designate Leigh McGregor and Ian Munro to act as duty commissioners for the period from 1 January 2016 to 1 July 2016.

b) note the decision to appoint Karyn Sinclair (Chair), Mark Farnsworth and Bill Kapea to make a decision on resource consent applications for the proposed New Old Mangere Bridge.

c) note the decision to appoint Rebecca Macky (Chair), Alan Pattle, Robert Scott, and Hibiscus and Bays Local Board Chair Julia Parfitt to make decisions on an application for resource consent to establish and operate a managed fill facility, Blackbridge Road, Pine Valley.

Attachments

No.	Title	Page
a View	Supplementary designation of independent commissioners as duty commissioners to determine resource consent applications and section 357 objections	27
b View	Appointment of independent commissioners to make decisions on resource consent applications by the New Zealand Transport Agency for the New Old Mangere Bridge application	31
c View	Appointment of independent commissioners: Application for resource consent to establish and operate a managed fill facility over a 10 year period at Lot 4 DP 166787 and Lot 2 DP 422009 Blackbridge Road, Pine Valley	41

Signatories

Authors	Louis Dalzell - Democracy Advisor
Authorisers	Ian Smallburn - General Manager Resource Consents

Hearings Committee

16 February 2016

Exclusion of the Public: Local Government Official Information and Meetings Act 1987

That the Hearings Committee:

a) exclude the public from the following part(s) of the proceedings of this meeting.

The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution follows.

This resolution is made in reliance on section 48(1)(a) of the Local Government Official Information and Meetings Act 1987 and the particular interest or interests protected by section 6 or section 7 of that Act which would be prejudiced by the holding of the whole or relevant part of the proceedings of the meeting in public, as follows:

C1 Resource Consent Appeals: Status Report 16 February 2016

Reason for passing this resolution in relation to each matter

Particular interest(s) protected (where applicable)

Ground(s) under section 48(1) for the passing of this resolution