Komiti mō te Whakarite Mahere, te Taiao, me ngā Papa Rēhia / Planning, Environment and Parks Committee
OPEN MINUTES
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Minutes of a meeting of the Planning, Environment and Parks Committee held in the Reception Lounge, Auckland Town Hall, 301-305 Queen Street, Auckland on Thursday, 13 June 2024 at 10.00am.
Te Hunga kua Tae mai | present
Chairperson |
Cr Richard Hills |
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Deputy Chairperson |
Cr Angela Dalton |
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Members |
Houkura Member Edward Ashby |
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Cr Andrew Baker |
From 10.12am, Item 5.1 |
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Cr Josephine Bartley |
From 10.01am, Item 1 |
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Mayor Wayne Brown |
From 10.23am, Item 5.1 |
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Cr Julie Fairey |
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Cr Christine Fletcher, QSO |
Via electronic link Until 1.10pm, Item 10 |
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Cr Lotu Fuli |
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Houkura Member Hon Tau Henare |
Until 1.45pm, Item 9 |
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Cr Shane Henderson |
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Cr Mike Lee |
From 1.09pm, Item 10 |
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Cr Kerrin Leoni |
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Cr Daniel Newman, JP |
From 10.17am, Item 5.1 |
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Cr Greg Sayers |
Via electronic link |
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Deputy Mayor Desley Simpson, JP |
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Cr Sharon Stewart, QSM |
Via electronic link |
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Cr Ken Turner |
From 10.46am, Item 8 |
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Cr Wayne Walker |
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Cr John Watson |
From 10.07am, Item 5.1 |
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Cr Maurice Williamson |
Via electronic link |
Te Hunga Kāore i Tae Mai | ABSENT
Members |
Cr Chris Darby |
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Cr Alf Filipaina, MNZM |
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Planning, Environment and Parks Committee 13 June 2024 |
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Cr J Bartley joined the meeting at
10.01am.
Cr M Williamson joined the meeting at 10.01am.
1 Ngā Tamōtanga | Apologies
Resolution number PEPCC/2024/46 MOVED by Deputy Chairperson A Dalton, seconded by Cr S Henderson: That the Planning, Environment and Parks Committee: a) whakaae / accept the apologies from members: Absence Cr C Darby Lateness Cr A Baker – on council business Early departure Cr L Fuli |
Cr S Stewart joined the meeting at 10.02am.
2 Te Whakapuaki i te Whai Pānga | Declaration of Interest
Cr C Fletcher subsequently declared an interest in Item 8 - Allocation of the 2023/2024 Regional Environment and Natural Heritage grants - Motutapu Restoration Trust.
3 Te Whakaū i ngā Āmiki | Confirmation of Minutes
Resolution number PEPCC/2024/47 MOVED by Deputy Mayor D Simpson, seconded by Cr J Fairey: That the Planning, Environment and Parks Committee: a) whakaū / confirm the ordinary minutes of its meeting, held on Thursday, 23 May 2024, including the confidential section, as a true and correct record. |
4 Ngā Petihana | Petitions
There were no petitions.
5 Ngā Kōrero a te Marea | Public Input
5.1 |
Public Input: Boopsie Maran - Third Place - parks / civic squares planning and partnership |
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Cr J Watson entered the meeting at 10.07am. Cr A Baker entered the meeting at 10.12am. Cr D Newman entered the meeting at 10.17am. Mayor W Brown entered the meeting at 10.23am. |
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Boopsie Maran and Paula Wilkinson provided a PowerPoint presentation. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment. |
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Note: changes to the original motion were made, adding new clause b), with the agreement of the meeting. |
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Resolution number PEPCC/2024/48 MOVED by Houkura Member T Henare, seconded by Deputy Mayor D Simpson: That the Planning, Environment and Parks Committee: a) whiwhi / receive the public input from Boopsie Maran and Paula Wilkinson relating to the Third Place - parks / civic squares planning and partnerships; and whakamihi / thank them for their attendance. b) tono / refer the presentation to the Chief of Strategy to report back to this Committee as soon as practicable. |
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a 13 June 2024 - Planning, Environment and Parks Committee - Item 5.1, Public Input: Boopsie Maran - Third Place - parks / civic squares planning and partnership - presentation |
Cr J Watson left the meeting at 10.25am and re-joined via electronic link.
5.2 |
Public Input: Moths and Butterflies of New Zealand Trust - plan for a National Butterfly Centre / Te Matauranga o nga Purerehua o Aotearoa |
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Jacqui Knight, Secretary and founding trustee and Maurice Mehlhopt, Chair, Moths and Butterflies of New Zealand Trust provided a PowerPoint presentation. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment. |
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Resolution number PEPCC/2024/49 MOVED by Deputy Chairperson A Dalton, seconded by Cr W Walker: That the Planning, Environment and Parks Committee: a) whiwhi / receive the public input from Moths and Butterflies of New Zealand Trust relating to the their plan for a National Butterfly Centre / Te Matauranga o nga Purerehua o Aotearoa; and whakamihi / thank them for their attendance. |
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a 13 June 2024 - Planning, Environment and Parks Committee – Item 5.2 - Public Input: Moths and Butterflies of New Zealand Trust - plan for a National Butterfly Centre / Te Matauranga o nga Purerehua o Aotearoa - presentation |
6 Ngā Kōrero a te Poari ā-Rohe Pātata | Local Board Input
There was no local board input.
7 Ngā Pakihi Autaia | Extraordinary Business
There was no extraordinary business.
8 |
Allocation of the 2023/2024 Regional Environment and Natural Heritage grant |
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Cr K Turner entered the meeting at
10.46am. |
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Note: Cr C Fletcher declared an interest in the application for Motutapu Restoration Trust (being Patron and trustee), and took no part in discussion or voting on this matter. |
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Resolution number PEPCC/2024/50 MOVED by Deputy Mayor D Simpson, seconded by Chairperson R Hills: That the Planning, Environment and Parks Committee: a) whakaae / approve the grant allocations for the 2023/2024 Regional Environment and Natural Heritage Grant programme funding round as listed below and detailed in Attachment B of the agenda report.
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9 |
Strategic direction for achieving better environmental outcomes for the Manukau Harbour |
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Deputy Mayor D Simpson left the meeting at 11.08am. Deputy
Mayor D Simpson returned to the meeting at 11.23am. |
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Note: changes were made to the original recommendation, amending clause h), as a Chair’s recommendation. |
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A PowerPoint presentation was given. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment. |
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Resolution number PEPCC/2024/51 MOVED by Deputy Chairperson A Dalton, seconded by Cr J Fairey: That the Planning, Environment and Parks Committee: a) tuhi ā-taipitopito / note that the council group lacks a clear articulation of overarching outcomes it wishes to achieve for any coastal marine area within its jurisdiction, and that the initiative to ‘Achieve better environmental outcomes for the Manukau Harbour’ seeks to make such outcomes more transparent for one part of the region’s coastal marine area b) tuhi ā-taipitopito / note the targeted engagement undertaken over 2023/2024 to inform the development of the proposed high-level strategic direction for achieving better environmental outcomes for the Manukau Harbour c) tuhi ā-taipitopito / note that relevant themes from public input into other recent council processes have informed the proposed high-level strategic direction developed for the Manukau Harbour d) whai / adopt the high-level strategic direction for achieving better environmental outcomes for the Manukau Harbour consisting of: i) te Tiriti o Waitangi (Treaty of Waitangi) context ii) Manukau Harbour values iii) a long-term vision for the future of the health of the harbour iv) environmental outcome statements for: water, biodiversity, climate resilience, kaitiakitanga, and people and the harbour. e) ohia / endorse the forward work programme, consisting of: i) Post – Stage 1: council group and external communications following decisions made based on this report and accompanying high level strategic direction (Attachment A) ii) Stage 2: identify current state, pressures and challenges to address outcomes; and undertaking a current activity stocktake and associated gap analysis for achieving outcomes iii) Stage 3: develop objectives that contribute to one or multiple outcomes; attribute Implementation Responsibility for objectives/actions and embed Key Performance Indicators in existing or refined processes across the council group. f) tuhi ā-taipitopito / note that minor changes to the wording of the strategic direction for the Manukau Harbour, as contained in Attachment A, may be required as the forward work programme is completed, and in the creation of any external facing document outlining the strategic direction. g) whakaae / agree in principle to the convening of a periodic meeting between key representatives of the council group and mana whenua to aid oversight of progress against the council group’s strategic direction for the Manukau Harbour. h) tautapa / delegate authority to the Chair and Deputy Chair of the Planning, Environment and Parks Committee and a member of Houkura – Independent Māori Statutory Board to finalise the Terms of Reference for a periodic meeting between key council group representatives and mana whenua as agreed in clause g) above. |
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a 13 June 2024 - Planning, Environment and Parks Committee – Item 9 - Strategic direction for achieving better environmental outcomes for the Manukau Harbour – presentation |
The meeting adjourned at 12.15pm and reconvened at 12.26pm.
Houkura Member E Ashby, Mayor W Brown, Cr S Henderson, Cr K Leoni and Deputy Mayor D Simpson were not present.
10 |
Council submission on Resource Management (Freshwater and Other Matters) Amendment Bill |
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Cr J Watson rejoined the meeting via electronic link at 12.26pm. Cr K Leoni returned to the meeting at 12.29pm. Cr S Henderson returned to the meeting at 12.31pm. Houkura Member E Ashby returned to the
meeting at 12.35pm. Cr M Lee entered the meeting at 1.09pm. Cr C Fletcher retired the meeting at 1.10pm. Mayor W Brown returned to the meeting at 1.25pm.
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Note: changes were made to the original recommendation, adding new clause b) and amending clause c), as a Chair’s recommendation. |
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A PowerPoint presentation was given. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment. |
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MOVED by Chairperson R Hills, seconded by Deputy Chairperson A Dalton: That the Planning, Environment and Parks Committee: a) whiwhi / receive the update on the proposed legislative changes to a range of statutory provisions for freshwater and the National Policy Statement for Indigenous Biodiversity 2023. b) ohia / endorse an approach to the council’s submission on the Resource Management (Freshwater and Other Matters) Amendment Bill that: i) opposes the exclusion of the hierarchy of obligations within Te Mana o Te Wai from resource consent process decision making ii) opposes the alignment of the consenting pathway for coal mining with other extractive activities in natural inland wetlands and significant natural areas iii) is neither opposed nor supportive of deferring requirements to identify new significant natural areas in the Auckland Unitary Plan by three years iv) seeks that a sunset clause be added to the proposal to remove stock exclusion requirements for low sloped land v) is neither opposed nor supportive of repealing intensive winter grazing resource consent requirements vi) opposes the speeding up process to prepare or amend national direction c) tautapa / delegate approval of the Auckland Council submission on the Resource Management (Freshwater and Other Matters) Amendment Bill to the Chair and Deputy Chair of the Planning, Environment and Parks Committee and to a member of Houkura - Independent Māori Statutory Board. |
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The motion was put in parts. |
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Resolution number PEPCC/2024/52 MOVED by Chairperson R Hills, seconded by Deputy Chairperson A Dalton: That the Planning, Environment and Parks Committee: a) whiwhi / receive the update on the proposed legislative changes to a range of statutory provisions for freshwater and the National Policy Statement for Indigenous Biodiversity 2023. |
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Resolution number PEPCC/2024/53 MOVED by Chairperson R Hills, seconded by Deputy Chairperson A Dalton: That the Planning, Environment and Parks Committee: b) ohia / endorse an approach to the council’s submission on the Resource Management (Freshwater and Other Matters) Amendment Bill that: i) opposes the exclusion of the hierarchy of obligations within Te Mana o Te Wai from resource consent process decision making ii) opposes the alignment of the consenting pathway for coal mining with other extractive activities in natural inland wetlands and significant natural areas iii) is neither opposed nor supportive of deferring requirements to identify new significant natural areas in the Auckland Unitary Plan by three years iv) seeks that a sunset clause be added to the proposal to remove stock exclusion requirements for low sloped land v) is neither opposed nor supportive of repealing intensive winter grazing resource consent requirements vi) opposes the speeding up process to prepare or amend national direction
A division was called for, voting on which was as follows:
The motion was declared EQUAL. The chair exercised their casting vote for, so the motion was Carried. |
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Resolution number PEPCC/2024/54 MOVED by Chairperson R Hills, seconded by Deputy Chairperson A Dalton: That the Planning, Environment and Parks Committee: c) tautapa / delegate approval of the Auckland Council submission on the Resource Management (Freshwater and Other Matters) Amendment Bill to the Chair and Deputy Chair of the Planning, Environment and Parks Committee, to a member of Houkura - Independent Māori Statutory Board and Cr A Baker (with at least three members in agreement for the submission to be finalised). |
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a 13 June 2024 - Planning, Environment and Parks Committee – Item 10 - Council submission on Resource Management (Freshwater and Other Matters) Amendment Bill – presentation |
Houkura Member T Henare retired from the meeting at 1.45pm.
Cr J Watson left the meeting at 1.45pm.
The meeting adjourned at 1.45pm and reconvened at 2.22pm.
Cr M Lee, Cr K Leoni, Deputy Mayor D Simpson and Cr Watson were not present.
Deputy Mayor D Simpson rejoined the meeting via electronic link at 2.23pm.
11 |
Auckland Unitary Plan - Private Plan Change Request from Fletcher Development Limited and Fulton Hogan Land Development to rezone land at Silverdale West from Future Urban to Light Industry: Clause 25, Schedule 1 - Resource Management Act 1991 |
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Cr K Leoni joined to the meeting via electronic link at 2.33pm. Cr M Lee returned to the meeting at 2.42pm. Cr J Watson returned to the meeting in person at 2.44pm. |
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Note: changes were made to the original recommendation, adding new clause d), as a Chair’s recommendation. |
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A PowerPoint presentation was given. A copy has been placed on the official minutes and is available on the Auckland Council website as a minutes attachment. |
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Resolution number PEPCC/2024/55 MOVED by Chairperson R Hills, seconded by Cr W Walker: That the Planning, Environment and Parks Committee: a) whakaae / agree not to reject the private plan change request under clause 25(4) of Schedule 1 of the RMA as there are no grounds of rejection available, on the basis that: i) the private plan change request is not frivolous. The Requestor has provided sufficient supporting technical information and the private plan change request has a resource management purpose as it seeks to rezone approximately 107ha of land from Future Urban Zone to Business - Light Industry Zone. ii) the private plan change request is not vexatious. The Requestor is not acting in bad faith by lodging a private plan change request. The Requestor is not requiring council to consider matters in this process that have already been decided or that are the subject of extensive community engagement or investment. iii) the substance of the private plan change request has not been considered within the last two years. iv) having regard to relevant caselaw, a coarse level of assessment of the private plan change request does not indicate that it is not in accordance with sound resource management practice. v) a preliminary assessment indicates the private plan change request will not make the Auckland Unitary Plan inconsistent with Part 5 of the RMA. vi) the provisions of the Auckland Unitary Plan subject to the private plan change request have been operative for at least two years.
b) whakaae / accept the private plan change request for the following reasons: i) accepting the private plan change request for notification will enable a range of matters to be considered on their merits during a public participatory process. ii) it is inappropriate to adopt the private plan change. The council has no immediate intentions to rezone this area for development. A council plan change is not currently on the work programme. Therefore, the associated risks and costs of a plan change should be met by the developer rather than the council. iii) it is not appropriate to deal with the private plan change as if it was a resource consent application because the current Future Urban Zone that applies to the land is not suitable for industrial subdivision and development. c) tautapa / delegate authority to the Manager Planning – Regional, North, West and Islands to undertake the required notification and other statutory processes associated with processing the private plan change request. d) tono / request staff to prepare a council submission on this Private Plan Change, particularly focusing on infrastructure requirements and funding, to be approved by the Chair and Deputy Chair of the Planning, Environment and Parks Committee and a member of Houkura - Independent Māori Statutory Board. |
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Note: Under Standing Order 1.8.6, Cr K Turner requested that his abstention be recorded. |
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a 13 June 2024 - Planning, Environment and Parks Committee – Item 11 - Auckland Unitary Plan - Private Plan Change Request from Fletcher Development Limited and Fulton Hogan Land Development to rezone land at Silverdale West from Future Urban to Light Industry: Clause 25, Schedule 1 - Resource Management Act 1991 |
12 |
Status Update on Action Decisions from Planning, Environment and Parks Committee - 13 June 2024 |
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Resolution number PEPCC/2024/56 MOVED by Chairperson R Hills, seconded by Cr W Walker: That the Planning, Environment and Parks Committee: a) tuhi ā-taipitopito / note the status of decisions made at the 23 May 2024 meeting. |
13 |
Summary of Planning, Environment and Parks Committee information memoranda, workshops and briefings (including the Forward Work Programme) - 13 June 2024 |
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Resolution number PEPCC/2024/57 MOVED by Cr W Walker, seconded by Cr L Fuli: That the Planning, Environment and Parks Committee: a) tuhi ā-taipitopito / note the progress on the forward work programme appended as Attachment A of the agenda report b) whiwhi / receive the Summary of the Planning, Environment and Parks Committee information memoranda, workshops and briefings – 13 June 2024. |
14 Te Whakaaro ki ngā Take Pūtea e Autaia ana | Consideration of Extraordinary Items
There was no consideration of extraordinary items.
15 Te Mōtini ā-Tukanga hei Kaupare i te Marea | Procedural motion to exclude the public |
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Resolution number PEPCC/2024/58 MOVED by Chairperson R Hills, seconded by Cr W Walker: That the Planning, Environment and Parks Committee: a) whakaae / agree to 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 Auckland Unitary Plan - Plan Change 82 (Amendments to Historic Heritage Schedule) - Environment Court appeal
The text of these resolutions is made available to the public who are present at the meeting and form part of the minutes of the meeting. |
3.05pm The public was excluded.
Resolutions in relation to the confidential items are recorded in the confidential section of these minutes and are not publicly available.
3.58pm The public was re-admitted.
restatementS
It was resolved while the public was excluded:
C1 |
Auckland Unitary Plan - Plan Change 82 (Amendments to Historic Heritage Schedule) - Environment Court appeal |
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Resolution number PEPCC/2024/59 MOVED by Chairperson R Hills, seconded by Mayor W Brown: b) whakaae / agree that the report will remain confidential until reasons for confidentiality no longer exist c) whakaae / agree that the resolutions above remain confidential but are to be released following the appeal being resolved and the Environment Court confirming the appeal file is closed for Plan Change 82. |
3.58pm The chairperson thanked members for their attendance and attention to business and declared the meeting closed.
CONFIRMED AS A TRUE AND CORRECT RECORD AT A MEETING OF THE Planning, Environment and Parks Committee HELD ON
DATE:.........................................................................
CHAIRPERSON:.......................................................