District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

Street index | Planning maps | Text | Appendices | Annexures | Section 32 material | Plan modifications | Help | Notified - Home | Decision - Home

Hearing reports index

Summary report on submissions to the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006

1.0 Introduction

This report considers submissions and further submissions ('submissions') that were received by the council in relation to the landform 2 (dune systems and sand flats) land unit of the Auckland City District Plan: Hauraki Gulf Islands Section - Proposed 2006 ('the Plan'). The Plan was publicly notified on 18 September 2006. The closing date for lodging submissions was 11 December 2006. The submissions and summary of decisions requested were publicly notified for further submission on 29 April 2007. The closing date for lodging further submissions was 28 May 2007.

This report has been prepared under section 42A of the Resource Management Act 1991 ('the RMA'), to assist the hearings panel to consider the submissions on the landform 2 (dune systems and sand flats) land unit. This report discusses the submissions (grouped by subject matter or individually) and includes recommendations from the planner who prepared this report. The recommendations identify whether each submission should be accepted or rejected (in full or in part) and what amendments (if any) should be made to the Plan to address matters raised in submissions. Further submissions are not specifically addressed but are dealt with in conjunction with the submissions to which they relate.

The recommendations contained in this report are not decisions of the council. The council will issue its decisions following consideration of the submissions, further submissions, any supporting evidence presented at the hearing, and this report. The council's decisions will be released after all the hearings to the Plan have been completed.

2.0 Statutory framework

This section of the report briefly sets out the statutory framework within which the council must consider the submissions. In preparing this report the submissions and, in particular, the decisions requested in the submissions, have been considered in light of the relevant statutory matters. These were summarised by the Environment Court in Eldamos Investments Limited v Gisborne District Council W 047/05 where the court set out the following measures for evaluating objectives, policies, rules and other methods in district plans:

1. The objectives of the Plan are to be evaluated by the extent to which they:

a. Are the most appropriate way to achieve the purpose of the RMA (s32(3)(a)); and
b. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
c. Are in accordance with the provisions of part 2 of the RMA (s74(1).

2. The policies, rules, or other methods in the Plan are to be evaluated by the extent to which they:

a. Are the most appropriate way to achieve the objectives of the Plan (s32(3)(b)); and
b. Assist the council to carry out its functions in order to achieve the purpose of the RMA (s72); and
c. Are in accordance with the provisions of part 2 of the RMA (s74(1)); and
d. (If a rule) achieve the objectives and policies of the Plan (s76(1)(b)).

The purpose of the RMA is "to promote the sustainable management of natural and physical resources", and "sustainable management" is defined in section 5(2) as meaning:

"... managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while—

(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
(b) Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment."

Along with section 5, part 2 of the RMA includes sections 6 (matters of national importance), 7 (other matters) and 8 (Treaty of Waitangi), which set out a range of matters that the council needs to recognise and provide for in achieving the purpose of the RMA. Those matters are also relevant when considering submissions.

The Plan must assist the council to carry out its functions under section 31 of the RMA. These functions are:

"(a) The establishment, implementation, and review of objectives, policies, and methods to achieve integrated management of the effects of the use, development, or protection of land and associated natural and physical resources of the district:
(b) the control of any actual or potential effects of the use, development, or protection of land, including for the purpose of—

(i) the avoidance or mitigation of natural hazards; and
(ii) the prevention or mitigation of any adverse effects of the storage, use, disposal, or transportation of hazardous substances; and

(iia) the prevention or mitigation of any adverse effects of the development, subdivision, or use of contaminated land:

(iii) the maintenance of indigenous biological diversity:

(c) ...
(d) The control of the emission of noise and the mitigation of the effects of noise:
(e) The control of any actual or potential effects of activities in relation to the surface of water in rivers and lakes."

In addition to the matters listed above from the Eldamos decision:

1. The Plan must "give effect to" any national policy statement and any New Zealand coastal policy statement (s75(3)(a) and (b)).
2. The Plan must "give effect to" the regional policy statement (made operative after 10 August 2005) (s75(3)(c)).
3. The Plan must be "not inconsistent with" any regional plan (s75(4)).
4. The council must ensure that that the Plan does not conflict with sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 ("the HGMPA").  Section 10 of the HGMPA requires that sections 7 and 8 of that Act be treated as a New Zealand coastal policy statement under the RMA.

3.0 Background

This section of the report sets out background information about the topic under consideration. It identifies how the Plan deals with the landform 2 (dune systems and sand flats) land unit.

Clause 10a.3.1 describes the land unit as follows:

"Dune systems and sand flats is applied to open dune systems and to sand flats which may be covered in pasture or other vegetation.

Dune systems and sand flats is characterised by:

• High natural character and visual amenity value due to the open expansive qualities of the landscape, the coastal location and the general absence of buildings and structures. This is especially apparent in the dune systems area.
• A dynamic and variable nature, meaning that the dune systems and sand flats continually change over time, though some areas change faster than others.
• High ecological value due to the wildlife habitats and plant species present.
• Sensitivity to modification by activities and buildings, especially in the dune systems area.
• Varying degrees of instability, for example, in some locations there are mobile sand dunes and in other locations there are stable sand flats with regenerating vegetation cover.
• Pastoral farming as the dominant activity if there is any activity at all.

Overall, the land unit has a dynamic and variable natural environment, with high natural character, ecological and visual amenity values."

Clause 10a.3. sets out the following strategy for the land unit:

"As the dune systems area of the land unit needs a higher degree of protection than the sand flats area, the resource management strategy is to divide the land unit into two parts; the dune systems area and the sand flats area.

In the dune systems area, the natural character, ecological and visual amenity values are so high that buildings and activities are not specifically provided for at all. In the sand flats area, the range of activities is limited to those with a low intensity and buildings require an assessment to ensure that there will be no adverse effects on the natural character, ecological and visual amenity value of the land unit."

4.0 Analysis of submissions

4.1 Introduction

This section of the report discusses the decisions requested in submissions about the landform 2 (dune systems and sand flats) land unit and recommends how the panel could respond to the matters raised and decisions requested in submissions. The submissions are addressed under subject headings. While the relevant statutory matters (identified in section 2.0 of this report) will not necessarily be referred to directly, the discussion and recommendations have given appropriate consideration to these and any other relevant matters.

A list of the submissions which raise issues about the landform 2 (dune systems and sand flats) land unit together with the related further submissions is contained in appendix 1. Appendix 2 contains the summary of the decisions requested by the submissions considered in this report. Any amendments to the Plan recommended in response to submissions are identified in this section of the report and are further detailed in appendix 3.

The list of submissions contained in appendix 1 may include some submissions and further submissions which were received 'late', ie they were received after the closing date for lodging submissions (11 December 2006) or further submissions (28 May 2007).  All late submissions were considered by the hearing panel at the start of the hearing process and the panel has already waived the failure to comply with the time limit for any late submissions or further submissions listed in appendix 1. This has been done in accordance with sections 37 and 37A of the RMA.

This report will deal with the text relating to the landform 2 (dune systems and sand flats) land unit and the landforms 1-7 (general) report will consider any requests for land to be reclassified from or to landform 2.

4.2 General submissions about landform 2 (dune systems and sand flats)

Submissions dealt with in this section: 537/4, 1250/19, 3061/61

4.2.1 Decisions requested

Submission 537/4 seeks to maintain the current wording of clause 10a.3.

Submission 1250/19 seeks to retain the wording of clause 10a.3 with no amendments unless they strengthen the protection measures for this land unit.

Submission 3061/61 states that clause 10a.3 lacks reference to the HGMPA, natural hazards, future proofing, landscape issues and Maori issues such as burial and access to Taonga Raranga and possibly Maataitai.

4.2.2 Planner's analysis and recommendations

4.2.2.1 Submissions 537/4 and 1250/19 – retain wording of clause 10a.3

The submission seeks that the wording of clause 10a.3 be retained unless amendments are made which strengthen the protection measures of the land unit.

It is recommended that these submission be accepted in part in that they support the inclusion of clause 10a.3 in the Plan. However, it is acknowledged that amendments made further in the report may not be considered by the submitters to result in strengthened protection of the land unit.

4.2.2.2 Submission 3061/61 – lack of reference to HGMPA, natural hazards, future proofing, landscape issues and Maori issues.

The resource management overview of the Plan, and in particular clause 2.3.2, recognises the importance of HGMPA. It is stated here that the Plan covers considerable areas, which are subject to the provisions of HGPMA. It is also considered that the interrelationship between the Hauraki Gulf, its island, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Gulf and its islands are recognised as matters of national significance by HGMPA and by the Plan.

Although there is no specific mention to HGMPA within the landform 1 (coastal cliffs and slopes) land unit, it is inherent that the principles behind the Act have been addressed and considered in the formation of this land unit.

Natural hazards are dealt with in part 8 of the Plan however it is considered that the encouragement for planting and the activity status for buildings being non-complying in the dune systems area of the land unit is consistent with the sensitive nature of this environment.

The landform 2 land unit is applied to both dune systems and sand flats, with each having its own activity table. As the two areas require different degrees of protection it is considered appropriate to provide for different activities to be undertaken. This is recognised through clause 10a.3.4 - resource management strategy of the land unit and it is considered that the value of the natural character of the dune systems area, is so high that no buildings or activities have been specifically provided for. This strategy aims to ensure that the land unit is protected from modification and by promoting the planting of ecosourced plants, it is intended that the dune systems area of the land unit will maintain and enhance the natural landscape of the dune systems area. The sand flats area of the land unit has been limited to low intensity activities and to buildings that require assessment to ensure that there will be no adverse effects on the natural character, ecological and visual amenity value of the land unit.

The submitter states that the Plan lacks reference to Maori issues such as taonga raranga and maataitai. Clause 2.5 of the Plan identifies the resource management issues and objectives of the Plan. Clause 2.5.7 particularly refers to Maori resource management issues and objectives. It is considered here that the significant resource management issue which needs to be addressed in the Plan is:

"How to ensure that matters of significance to Maori are not adversely affected by subdivisions, use and development."

The objectives set out to achieve this issue are as follows:

"1. To provide for Maori to develop and manage their ancestral lands in a manner which meets their needs. On Waiheke, this includes the Ngati Paoa land at the eastern end and the Piritahi Marae. On Great Barrier this includes the Ngati Rehua land and marae at Motairehe and Kaoa.

2. To recognise and provide for the protection of waahi tapu and other ancestral sites in a sensitive and culturally appropriate manner.

3. To recognise in the Plan's provisions the kaitiakitanga role of Maori with mana whenua."

It is not considered appropriate to include in the Plan all of the issues that affect Maori. It is considered that the above clause adequately addresses all customary issues faced by Maori, of which, taonga raranga and maataitai are a part. It is therefore considered that the Plan adequately identifies and addresses Maori issues.

It is also considered that the issues specifically mentioned in the submission, taonga raranga and maataitai relate to seafood gathering. It is considered that as this activity is carried out below mean high water spring (MHWS) it is not within the jurisdiction of the Plan and is a matter controlled by the ARC.

It is therefore recommended that the submission be rejected.

4.3 Submissions about clause 10a.3.5 Rules - activity tables

Submissions dealt with in this section: 474/2, 526/2, 527/2, 528/2, 529/2, 539/2, 1318/2, 1352/2, 1390/2, 1395/2, 1417/2, 1434/2, 1536/2, 1562/2, 1565/2, 1573/2, 1586/2, 1902/2, 1931/2, 1955/2, 2148/2, 2153/2, 2185/2, 2193/2, 2215/2, 2326/2, 2385/2, 2386/2, 2395/2, 2417/2, 2450/2, 2476/2, 2483/2, 2535/2, 2554/4, 2744/2, 2849/2, 3002/1, 3002/2, 3045/2, 3083/2, 3083/3, 3746/2, 3770/2

4.3.1 Decisions requested

Submission 3045/2 seeks to include the farming of goats as a discretionary activity within the land unit both dune systems and sand flats.

Submissions 526/2, 527/2, 528/2, 529/2, 539/2 seeks that residential dwellings to be provided for as a restricted discretionary activity within the land unit and to establish appropriate assessment criteria.

Submission 2554/4 seeks that multiple dwellings be provided for as a controlled activity within the land unit on sites with an area greater than 4ha.

Submissions 3083/2 and 3083/3 seek to provide for rural property management plans as discretionary activity within the land unit.

Submissions 3002/1 and 3002/2 seeks to provide for visitor accommodation for up to 10 people as a discretionary activity within the land unit for both dune systems and sand flats.

Submissions 474/2, 1318/2, 1352/2, 1390/2, 1395/2, 1417/2, 1434/2, 1536/2, 1562/2, 1565/2, 1573/2, 1586/2, 1902/2, 1931/2, 1955/2, 2148/2, 2153/2, 2185/2, 2193/2, 2215/2, 2326/2, 2385/2, 2386/2, 2395/2, 2417/2, 2450/2, 2476/2, 2483/2, 2535/2, 2744/2, 2849/2, 3746/2, 3770/2 seek that the letting of dwellings for visitors and tourists at a daily tariff is a permitted activity within the land unit.

4.3.2 Planner's analysis and recommendations

4.3.2.1 Submission 3045/2 – farming of goats

The submitter seeks that goat farming be provided for within the land unit as a discretionary activity.

It is not clear from the submission whether the submitter seeks to include the goat farming in both the dune systems area and the sand flats area of the land unit. Currently, pastoral farming is not provided for in the dune systems area of the land unit, while it is provided for as a permitted activity within the sand flats area of the land unit.

Pastoral farming is defined in Part 14 of the Plan as:

"Pastoral farming means the growing of grass and fodder crops on which stock are grazed.

It does not include the grazing of deer or goats."

Clause 4.4.1(c) of the Plan prohibits a variety of animal pest species due to the ecological threat they pose to the natural values of the Hauraki Gulf islands. Submissions were received relating to this part of the Plan and as a result, it was recommended in the hearing report for this part that prohibited animal pests be consistent with the proposed ARPMS 2007– 2012 (Auckland Regional Pest Management Strategy) in so far as it applies to possums, goats, wallaby, deer and mustelids.

It is noted that the amendments recommended in the hearing report for part 14 would prohibit feral goats and deer as the ARC only considers goats and deer as pests when they are not held in secure containment. 

The dune systems area of the land unit needs a higher degree of protection than the sand flats area. The natural character, ecological and visual amenity values of the dune systems area are such that activities other than ecosourced planting are not provided for at all within the activity table. The sand flats area however, provides for low intensity activities and for buildings that comply with assessment criteria in order to ensure that there will be no adverse effects on the land unit.

It is therefore considered that goats, farmed within secure containment would be appropriate within the landform 2 land unit (in the sand flats area only) and as such, it is suggested that the definition of pastoral farming be altered to provide for this.

It is therefore recommended that the submission be accepted in part and that the definition of pastoral farming be amended as follows:

"Pastoral farming means the growing of grass and fodder crops on which stock are grazed.

It does not include the grazing of deer or goats."

4.3.2.2 Submissions 526/2, 527/2, 528/2, 529/2, 539/2 – residential dwellings

It is not clear whether the submitter is seeking a restricted discretionary status for dwellings solely within the dune systems area of the land unit as dwellings (one per site) are already provided for as a permitted activity within the sand flats area of the land unit.

It is considered that the permitted activity status for dwellings within the sand flats area provides for low intensity development. The restricted discretionary activity status, which is applied to the construction and relocation of buildings, ensures that the scale, form, colour and location of new buildings will not adversely affect the natural character of the area. The status of these activities is in line with the objectives, policies and rules of the land unit. It is therefore considered appropriate to retain the permitted status of dwellings within the sand flats area of the land unit.

The dune systems area require higher protection from modification than the sand flats area and it is considered appropriate therefore that activities are specifically not provided for within this area, with the exception of eco sourced planting. It is therefore considered that a restricted discretionary activity status for dwellings within this part of the land unit would result in significant modification of the land unit, which is something that the objectives and policies specifically seek to avoid.

It is considered therefore that the submission be rejected and that dwellings retain a permitted status within the sand flats area and a non-complying status within the dune systems area.

4.3.2.3 Submission 2554/4 – multiple dwellings

It is not clear from the submission whether the submitter seeks to include the multiple dwellings as a controlled activity on sites greater than 4ha in both the dune systems area and the sand flats area of the land unit. Currently, multiple dwellings are not provided for in the dune systems area of the land unit, while they are provided for as a discretionary activity within the sand flats area of the land unit. An application for a multiple dwelling in the sand flats area will only be considered as a discretionary activity where it meets the standards and terms in clause 10a.3.6.

As discussed in 4.3.2.1above, and as outlined in the resource management strategy for the land unit, it is recognised that the dune systems area of the land unit needs a higher degree of protection from modification than the sand flats area. It is considered that development, such as multiple dwellings, within the dune systems area of the land unit is inappropriate and would have adverse effects on the natural environment. The instability and variable nature of the dune systems in particular make this area unsuitable for this type of development.

The submitter seeks a controlled activity status for multiple dwellings. During the formulation of the Plan, the council reached the view that the controlled activity status was not appropriate for any of the activities identified in the Plan. In the past, the council has used the controlled activity status in the Isthmus Plan, the Central Area Plan and in the operative Hauraki Gulf Islands Plan. Considerable experience in administering these Plans, together with the development of case law, has led the council to the view that, in the main, the use of the controlled activity status does not provide the council with sufficient discretion to address the potential adverse effects associated with particular proposals.

The council cannot decline an application for a controlled activity. While the council may impose reasonable conditions that relate to the matters over which it has reserved control, it cannot impose conditions which require such significant modification as to fundamentally alter the proposal. To do so would effectively negate the consent granted and prevent the activity from taking place. Not all proposals, which warrant assessment through the resource consent process, can be adequately mitigated by the use of conditions. Some proposals need to be declined or substantially modified. The controlled activity status should be reserved for situations where the council is confident that every proposal should be consented to and that adverse effects can be adequately addressed via conditions without substantial modification to the original proposal. While the controlled activity approach does provide greater certainty to applicants, this needs to be balanced against the need to ensure good environmental outcomes.

The minimum site size for landform 2 (dune systems and sand flats) is 25ha. Reduction of this minimum site size has been addressed in the hearings report for part 12 – subdivision. It was noted in this report that the minimum site size of 25ha for landform 2 (dune systems and sand flats) is considered to be consistent with the above objective and policies. The site size will help avoid adverse effects on the natural character, ecological and visual value of the land unit while also protecting the quality and diversity of the natural environment, particularly the migratory dune processes. Within landform 2, subdivision for the purposes of protecting significant environmental features is provided for given the significant of the dunes systems within the environment. In some circumstances, protection and enhancements of these dune systems could be offered as part of subdivision for the purposes of protecting significant environmental features.

It is therefore considered that a controlled status for multiple dwellings within the sand flats area of the land unit is unsuitable and it is recommended that the submission be rejected.

4.3.2.4 Submissions 3083/2 and 3083/3 – rural property management plans

It is assumed that the submitter is seeking a restricted discretionary status for rural management plans within the dune systems area of the land unit as the activity is already provided for as a discretionary activity within the sand flats area of the land unit.

Rural property management plan is defined in part 14 of the Plan as follows:

" Rural property management plan means a long term management plan which comprehensively details all land use activities proposed to be undertaken on a site, including the location of buildings and activities, and the mitigation of effects proposed to manage adverse effects from those buildings and activities."

The Plan provides for rural property management plans as a separately listed activity in the following land units:

As discussed in the hearings report for landforms 1-7 (general), rural property management plans are intended to provide a means by which a landowner or occupier can plan comprehensively, and on a long term basis, for the use of a site, and obtain a consent for a range of buildings and activities which may otherwise require a succession of separate consents on an ad hoc basis.

Rural property management plans are not provided for in landform 1 (coastal cliffs and slopes), landform 4 (wetland systems) or in the dune systems area within landform 2 (dune systems and sand flats). Land with these classifications is environmentally sensitive and the only permitted activity listed within the Plan is ecosourced planting.

It is recognised that rural property management plans provide landowners with the opportunity to plan holistically for development on their properties and it is therefore considered that inclusion of the activity in landforms 1, 2 and 4 could facilitate protection and restoration of these environmentally sensitive areas. It is noted however that the Plan would need to incorporate criteria to ensure that protection and restoration occurs and that these sensitive landforms benefit from rural property management plans.

This issue has been raised in previous hearings and officers area still considering the implications of their inclusion in Landforms 1, 2 & 4. It is considered that further work is required on this topic and therefore, no recommendation is made in relation to the submissions at this time.

4.3.2.5 Submissions 3002/1 and 3002/2 - visitor accommodation

The submitter seeks the inclusion of visitor accommodation for up to 10 people as a discretionary activity in both the dune systems and sand flats areas of the land unit.

As discussed earlier in this report, it is considered that the natural character, high ecological and visual amenity and the sensitive nature of the dune systems area of the land unit mean that it is unsuitable for buildings and activities to be located and carried out within it. Ecosourced planting is an exception to this as it is recognised that this activity will enhance and protect the natural character of the area.

It is considered that although the sand flats area of the land unit is also highly sensitive and of significant natural character, it is able to accommodate low intensity activities and buildings subject to assessment in order to ensure that the scale, form, colour and location of these buildings avoids any adverse effects on the environment.

Currently visitor accommodation is not provided for in either area of the land unit. Dwellings (one per site) as discussed in 4.3.2.2 above, are provided for as a permitted activity in the sand flats area. It is acknowledged that the effects of the use of visitor accommodation for up to 10 people, differs little from the use of a single residential dwelling. It is therefore difficult to justify including one activity and not the other in the sand flats area of the land unit.

It is considered providing for both a dwelling and a visitor accommodation for up to 10 people in the sand flats area would not be representative of the low intensity type of development that is sought through the objectives and policies for this land unit.

It is recognised that elsewhere in the Plan, provision for visitor accommodation allows property owners to develop an alternative income source and also recognises the need to provide a range of types of accommodation for tourists as they are a key contributor to the economy of the islands.

It is therefore recommended that provision be made within the sand flats area for a dwelling, or a visitor accommodation facility for up to 10 people, but not both. This would require alteration to the activity table as follows:

4.3.2.6 Submissions 474/2, 1318/2, 1352/2, 1390/2, 1395/2, 1417/2, 1434/2, 1536/2, 1562/2, 1565/2, 1573/2, 1586/2, 1902/2, 1931/2, 1955/2, 2148/2, 2153/2, 2185/2, 2193/2, 2215/2, 2326/2, 2385/2, 2386/2, 2395/2, 2417/2, 2450/2, 2476/2, 2483/2, 2535/2, 2744/2, 2849/2, 3746/2, 3770/2 – letting of dwellings

The submissions seek that the letting of dwellings be provided for as a permitted activity within the activity table.

Currently, dwelling is defined in Part 14 of the Plan as:

"Dwelling means a building or a cluster of buildings, a room or group of rooms used or designed to be used exclusively by one or more people as a separate household unit.

Sleepouts must be treated as a building forming part of a dwelling rather than as an accessory building."

As discussed in 4.3.2.2above, dwellings are provided for within the sand flats area of the land unit as a permitted activity. However, dwellings are not provided for within the dune systems area of the land unit and are therefore a non-complying activity.

Visitor accommodation is defined in part 14 of the Plan as:

"Visitor accommodation means land or buildings used for the day to day accommodation of tourists and short-stay visitors away from their normal place of residence.

It may include shared or centralised services for the tourists or visitors such as kitchen and dining facilities, toilet and washing facilities, and recreational and bar facilities.

It includes any of the following:

• motels and hotels
• backpacker lodges
• serviced rental accommodation for visitors that is offered at a daily tariff or with a pricing structure that is consistent with short stay accommodation
• timeshare accommodation.

It may include premises licensed under the Sale of Liquor Act 1989.

It does not include any of the following:

• the letting of dwellings
• homestays
• boarding houses and hostels
• camping facilities
• taverns
• restaurants, cafes and other eating places except where these are limited to the use of people staying in the accommodation and their guests.

It may form part of a tourist complex."

As detailed in 4.3.2.5above, it is recommended that visitor accommodation be provided within the sand flats area of the land unit, but not the dune systems area.

It is intended that land owners be able to rent out their dwellings without this being classed as visitor accommodation. Further work is required to ensure that this intention is clear and it is therefore recommended that the submissions be accepted in part subject to further work by council officers.

5.0 Conclusion

This report has considered the decisions requested in submissions lodged regarding landform 2 (dune systems and sand flats) land unit of the Proposed Auckland City District Plan: Hauraki Gulf Islands Section 2006.

The report recommends whether submissions should be accepted or rejected and how associated further submissions should be dealt with, and how the Plan should be modified as a result. These recommendations are made prior to the hearing of submissions and therefore without the benefit of evidence which may be presented at that time. At this stage before the hearing, it is recommended that this part of the Plan be approved, with amendments (as outlined in appendix 3), for the reasons outlined in this report.

Appendix 1

List of submissions and further submissions

Appendix 2

Summary of decisions requested

Appendix 3

Recommended amendments to the Plan
Part A
Part B

Published September 2008