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Plans, policies and reports
Plan modification 34 - Submission summaries
| Submission no | Name |
Decision requested |
| 1/1 | Auckland Regional Council |
The Regional Council's submission would be met by:
Auckland City Council amending Proposed Plan Change 34 to address the
inaccurate and inconsistent wording that it contains, including but not
limited to those matters.
Examples of inaccurate and inconsistent wording include:
Section 9(3) of the HGMPA requires that territorial authorities must
ensure that any part of a district plan that applies to the Hauraki
Gulf, its islands, and catchments, does not conflict with sections 7 and
8 of the HGMPA. While this is correctly referenced at one point in PC34,
at other times PC34 states that the HGMPA requires the district plan to
be consistent with it in its recognition of the national significance of
the Hauraki Gulf and its stated objectives for the integrated management
of the Hauraki Gulf, its islands, and catchments. In addition, PC34 does
not refer to the status of HGMPA sections 7 and 8 HGMPA sections 9(5)
which states that "the provisions of section 55 of the Resource
Management Act 1991 apply as though sections 7 and 8 of this Act, were a
national policy statement and a regional council or a territorial
authority must take action in accordance with that section and notify a
change to a regional policy statement, plan or proposed plan within 5
years of the date of commencement of this act " and 10) Creation of New
Zealand coastal policy statement by this Act, or the associated
requirements of section 55 of the Resource Management Act to 'give
effect' to the requirements of sections 7 and 8. It is considered that
this is not only inconsistent with the HGMPA but also has the potential
to confuse plan users. In addition to sections 9 and 10 of the HGMPA
section 13 states that there is an "Obligation to have particular regard
to sections 7 and 8. Except as provided in sections 9 to 12, in order to
achieve the purpose of this Act, all persons exercising powers or
carrying out functions for the Hauraki Gulf under any Act specified in
Schedule 1 must, in addition to any other requirement specified in those
Acts for the exercise of that power or the carrying out of that
function, have particular regard to the provisions of sections 7 and 8
of this Act."
a) Item 'C" of PC34 states that the ACC will have regard to sections 7
and 8 of the HGMPA 2000 when considering an application for resource
consent "that may reasonable impact (sic) on the Hauraki Gulf, its
islands, and catchments Section 9(4) of the HGMPA 2000 states:
"A consent authority must, when considering an application for a
resource consent for the Hauraki Gulf, its islands, and catchments, have
regard to sections 7 and 8 of this Act in addition to the matters
contained in the Resource Management Act.
b) The HGMPA 2000 does not restrict consent authorities to consideration
of consent applications that may reasonably impact on the gulf, its
islands, and catchments, but refers to all consent applications. |
| 1/2 | Auckland Regional Council |
The Hauraki Gulf Forum has recently produced a guide to
show how the HGMPA 2000 can be given practical application in policies
and plans produced by local authorities under the Resource Management
Act. It is considered
Auckland Regional Council cond… that this guide entitled 'Governing the
Gulf - Giving Effect to the Hauraki Gulf Marine Park Act through
Policies and Plans (June 2009)', would provide useful guidance to the
Auckland City Council in the preparation of the PC34.
Auckland City Council reviewing Proposed Plan Change 34 in light of the
advice provided by the Hauraki Gulf Forum in 'Governing the Gulf -
Giving Effect to the Hauraki Gulf Marine Park Act through Policies and
Plans' |
| 2 |
New Zealand Historic Places Trust |
That the plan change is accepted. |
Published August 2009
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