District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Hearing reports index 
Summary report on submissions to the Auckland City District Plan: Hauraki Gulf 
Islands Section - Proposed 2006
 
  | Topic: | Landform 5 (productive land) | 
 
  | Report to: | The Hearing Panel | 
 
  | Author: | Deborah Kissick | 
 
  | Date: | 27 August 2008 | 
 
  | Group file: | 314/274014-005 | 
1.0 Introduction 
This report considers submissions and further submissions ('submissions') that 
were received by the council in relation to the landform 5 (productive land) 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 5 (productive land). 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: 
 - The Plan must "give effect to" any national policy statement and any New Zealand 
 coastal policy statement (s75(3)(a) and (b)). 
- The Plan must "give effect to" the regional policy statement (made operative 
 after 10 August 2005) (s75(3)(c)). 
- The Plan must be "not inconsistent with" any regional plan (s75(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 5 (productive 
land). 
This land unit applies to land with pasture cover as the main vegetation type.
Clause 10a.6.1 describes the land units as follows: 
"Productive land is characterised by: 
Pastoral and horticultural activities, these are often of a moderate to large 
scale as compared to the productive activities occurring within other land units.
 - Varying contours, with some areas being characterised as 'rolling to moderately 
 sloping' and others being 'steep slopes'. 
- An expansive landscape with an open pattern and a rural character. 
- A range of pasture quality and productive capability due to the varying soil 
 types. 
- A number of natural features such as smaller wetlands and water systems.
 
- A working landscape with various built elements such as farm buildings, houses 
 and drainage systems. 
Overall, productive land provides for large scale rural activities which contribute 
to the lifestyle, economy and identity of the islands." 
Clause 10a.6.2 sets out the significant resource management issue for the land 
unit: 
"The resource management strategy for the land unit is to provide for productive 
activities, such as pastoral farming and horticulture, so that these activities 
can continue to contribute to the economy, lifestyle and the identity of the islands.
Provision for non-productive activities is limited and the minimum site size 
is large so that the objective of using the land for productive activities will 
be achieved." 
4.0 Analysis of submissions 
4.1 Introduction 
This section of the report discusses the decisions requested in submissions about 
the landform 5 (productive land) 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 5 (productive 
land) 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', i.e. 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 5 (productive land) 
land unit and the landforms 1-7 (general) report will consider any requests for 
land to be reclassified from or to landform5. 
4.2 General submissions about landform 5 (productive land) 
Submissions dealt with in this section:
1250/23,
1284/3,
1093/27,
1118/2,
2598/3,
3061/74,
3593/2
4.2.1 Decisions requested 
Submission
1250/23 
seeks to retain clause 10a.6 within amendments to clause 10a.6.5
Submissions
1284/3 
and 2598/3 
seek that the provisions for the land unit, in relation to land use activities be 
amended so a more proactive approach to sustainable development is encouraged and 
facilitated. 
Submission
3061/74 states that the land unit lacks reference to and provision for the following:
 - Hauraki Gulf Marine Park Act 2000 (HGMPA) 
- The impact of activities in this type of location, especially pastoral farming 
 on catchments and adjacent marine environments/ecosystems 
- Linkages to wetlands 
- The Ngati Paoa Station Block 
- Specific reference to landscape values 
Submission
1093/27 seeks to retain 10a.6.1 introduction as currently worded 
Submission
1118/2 seeks that the Plan be amended to render the development of a building 
or dwelling of 600m 2 on a site as a permitted activity. 
Submission
3593/2 
seeks amendment to 10a.6.1 to read; 
"This land unit applies to land with productive use including pasture, woodland, 
viticulture, horticulture and floriculture as its main vegetative types." 
4.2.2 Planner's analysis and recommendations 
4.2.2.1 Submission
1250/23 
– support clause 10a.6
The submission is accepted as it specifically supports clause 10a.6. It is noted 
that the submitter seeks alteration to clause 10a.6.5 and this matter has been addressed 
in section 4.5.2.9 of this report. It is therefore recommended that the submission 
be accepted in part to the extent that it supports clause 10a.6. 
4.2.2.2 Submissions
1284/3 
& 2598/3 
– proactive approach to sustainable development 
The submissions seek that the land unit take a more proactive approach to sustainable 
development through amendments to the land use activities. The submissions state 
that the land unit does not allow a sustainable approach to the management and enhancement 
of the land and it is suggested that a comprehensive management plan could be adopted.
It should be noted that the purpose of the RMA is to promote sustainable management 
of natural and physical resources. Sustainable management is a complex concept, 
which involves a range of considerations, including the following; 
 - Managing the adverse effects of human activities on the environment 
- Considering the natural environment 
- Enabling people to meet their needs 
- Considering future generations 
The Plan is one of the tools, which the council uses to promote sustainable management, 
and is most effective when used together with other council regulatory and non-regulatory 
methods and initiatives. 
The Plan encourages, and in some cases requires that particular methods be used 
as part of development to promote sustainable management. One example of this, in 
relation to landform 5 (productive land) is the controlling of the type, scale and 
location of activities and development in order to avoid, remedy or mitigate any 
adverse effects on the environment. 
The submitter suggests that a comprehensive management plan could be adopted 
as a way of achieving a more proactive approach to sustainable development. A comprehensive 
management plan is a means of providing for integrated land use and subdivision 
proposals that relate to the whole of a property and include land management, enhancement 
and environmental protection outcomes. 
The topic of comprehensive management plans has been addressed in the hearing 
report for text – general and land units and settlement areas – general, and part 
12 subdivision. As a result of the hearing of these reports, the council is looking 
to provide for rural property management plans in all land units where the activity 
is not currently provided for although this will require further investigation to 
be undertaken. 
Rural property management plans are provided for as a permitted activity within 
the land unit. Provision of these management plans within the land unit allows property 
owners to plan the land use of their property is a holistic way. 
It is considered that part 12 – Subdivision, of the Plan already appropriately 
recognises the relationship between subdivision and the effects on landscape character 
from built forms (such as dwellings) that may arise from subsequent land use activities 
on any new sites created. 
As discussed in the above mentioned hearing reports, comprehensive management 
plan type provisions are sometimes used in district plans to secure replanting or 
protection of existing bush or other features in return for allowing smaller site 
sizes than would otherwise be permitted. However it is considered that the Plan 
already provides appropriately for this by means of the subdivision provisions (in 
clauses 12.9.3 and 12.9.4) relating to the protection of significant environmental 
features, and associated cluster subdivision. 
It is considered that rural property management plans provide a holistic approach 
to land use which promotes sustainable development. Therefore it is recommended 
that the submission be rejected. 
4.2.2.3 Submission
3061/74 – lacking reference to various matters 
Section 9(3) of HGMPA requires the Council to ensure that: 
"...any part of a district plan that applies to the Hauraki Gulf, its island, 
and catchments, does not conflict with section 7 and 8 of this Act." 
Section 10 of the HGMPA requires sections 7 and 8 of this Act to be treated as 
a New Zealand Coastal Policy Statement ('NZCPS'). Under section 75(3) of the RMA, 
a district plan must give effect to any NZCPS. 
Sections 7 and 8 of HGMPA read as follows: 
"7. Recognition of national significance of Hauraki Gulf 
(1) The interrelationship between the Hauraki Gulf, its islands, and catchments 
and the ability of that interrelationship to sustain the life-supporting capacity 
of the environment of the Hauraki Gulf and its islands are matters of national significance.
(2) The life-supporting capacity of the environment of the Gulf and its islands 
includes the capacity— 
(a) to provide for— 
(i) the historic, traditional, cultural, and spiritual relationship of the tangata 
whenua of the Gulf with the Gulf and its islands; and 
(ii) the social, economic, recreational, and cultural well-being of people and 
communities: 
(b) to use the resources of the Gulf by the people and communities of the Gulf 
and New Zealand for economic activities and recreation: 
(c) to maintain the soil, air, water, and ecosystems of the Gulf. 
8. Management of Hauraki Gulf 
To recognise the national significance of the Hauraki Gulf, its islands, and 
catchments, the objectives of the management of the Hauraki Gulf, its islands, and 
catchments are— 
(a) the protection and, where appropriate, the enhancement of the life-supporting 
capacity of the environment of the Hauraki Gulf, its islands, and catchments:
(b) the protection and, where appropriate, the enhancement of the natural, historic, 
and physical resources of the Hauraki Gulf, its islands, and catchments: 
(c) the protection and, where appropriate, the enhancement of those natural, 
historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, 
and catchments with which tangata whenua have an historic, traditional, cultural, 
and spiritual relationship: 
(d) the protection of the cultural and historic associations of people and communities 
in and around the Hauraki Gulf with its natural, historic, and physical resources:
(e) the maintenance and, where appropriate, the enhancement of the contribution 
of the natural, historic, and physical resources of the Hauraki Gulf, its islands, 
and catchments to the social and economic well-being of the people and communities 
of the Hauraki Gulf and New Zealand: 
(f) the maintenance and, where appropriate, the enhancement of the natural, historic, 
and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute 
to the recreation and enjoyment of the Hauraki Gulf for the people and communities 
of the Hauraki Gulf and New Zealand." 
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 islands, 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 5 (productive 
land) land unit, it is inherent that the principles behind the Act have been addressed 
and considered in the formation of the land unit. 
Clause 10a.6.2, refers to the significant resource management issues the land 
unit needs to address to provide for productive activities while maintaining the 
expansive, open nature and rural character of the land unit. 
It is considered that the protection of the expansive, open, rural character 
of the land unit will ensure that the amenity values of the areas are maintained 
and enhanced and that the provision of productive activities, within the already 
modified environments, efficiently contributes to the economic and social wellbeing 
of the community. Both these examples relate specifically to requirements of both 
the RMA and HGMPA. 
It is considered that specific reference to HGMPA is not necessary within the 
land unit. 
The impact of activities in this land unit, such as pastoral farming on catchments 
and adjacent marine environments is a matter that is also dealt with by the Auckland 
Regional Council (ARC) through the Auckland Regional Policy Statement. It should 
be noted however, that the Plan also gives effect to the New Zealand Coastal Policy 
Statement by ensuring that only appropriate development occurs within the land unit. 
This is achieved by limiting the activities that can be undertaken and the permitted 
standards relating to the size of buildings, vegetation clearance, coastal setback 
and earthworks. 
Linkages to wetlands is another area which the submitter raises concern about 
within the landform 5 (productive land) land unit. It is not clear from the submission 
what amendments to the Plan are sought in relation to landform 5. 
The Ngati Paoa Station Block referred to by the submitter is an area of approximately 
966.7 ha and is located at 32 Man O' War Bay Road, Waiheke. Currently this block 
of land consists of landform 4 (wetland systems), landform 5 (productive land), 
landform 6 (regenerating slopes) and landform 7 (forest and bush areas). It is not 
considered appropriate to specifically mention properties with form part of the 
landform 5 land unit. 
The submitter states that the Plan lacks specific reference to landscape values 
within the landform 5 land unit. It is considered however that reference to the 
expansive, open, rural character of the land unit provides an accurate description 
of the landscape character of the land unit. The purpose behind the objective and 
policies in the land unit, refer specifically to maintaining the character of the 
landscape and ensuring that the land unit continues to contribute to the economy, 
lifestyle and identity of the islands. It is therefore considered that the landscape 
value of the land unit is adequately and accurately represented and no alterations 
to the Plan are recommended. 
It is therefore recommended that submission
3061/74 be rejected. 
4.2.2.4 Submission
1118/2 – dwellings of 600m 2 a permitted activity 
The submitter seeks "amendments to the Plan to render the development of a building 
or dwelling of 600m 2 on a site as a permitted activity (with specific 
reference to building coverage in landform 5) that the maximum footprint of any 
building be increased from 300m 2 as currently allowed in landform 5 
(productive land) to 600m 2". The submitter considers that the control 
is too restrictive on landowners and that it does not provide for the social and 
economic wellbeing of landowners. The submitter states that productive uses often 
require large buildings including residential, storage and ancillary uses. 
While it is recognised that the productive nature of the land unit means that 
large buildings are likely to be required by landowners for a variety of purposes, 
it is considered that a building of 300m 2 is sufficient to provide for 
the needs of landowners. It is noted that each site has the potential to accommodate 
three buildings of this size before a resource consent would be required. 
It is considered that this matter will be addressed in more detail in the part 
10c hearing report but it is considered that the provisions for building coverage 
adequately provide for the needs of landowners and it is recommended that the submission 
be rejected. 
4.2.2.5 Submission
3593/2 
– land unit vegetation types 
Submission
3593/2 
seeks to amend the first sentence of clause 10a.6.1 to read: 
"This land unit applies to land with productive use including pasture, woodland, 
viticulture, horticulture and floriculture as its main vegetative types." 
The introduction, clause 10a.6.1 of the land unit currently reads: 
"10a.6.1 Introduction 
This land unit applies to land with pasture cover as the main vegetation type.
Productive land is characterised by: 
 - Pastoral and horticultural activities, these are often of a moderate to large 
 scale as compared to the productive activities occurring within other land units.
 
- Varying contours, with some areas being characterised as 'rolling to moderately 
 sloping' and others being 'steep slopes'. 
- An expansive landscape with an open pattern and a rural character. 
- A range of pasture quality and productive capability due to the varying soil 
 types. 
- A number of natural features such as smaller wetlands and water systems.
 
- A working landscape with various built elements such as farm buildings, houses 
 and drainage systems. 
Overall, productive land provides for large scale rural activities which contribute 
to the lifestyle, economy and identity of the islands." 
Whilst pasture cover may currently be the main vegetation type within the land 
unit, it is considered that increasingly, horticultural activities including viticulture 
and floriculture are becoming a key component of the land unit. This is particularly 
the case on eastern Waiheke. 
The introduction of the land unit is considered to be the outline of the overall 
characteristics of the land unit and alteration to this will provide a better representation 
of the overall direction for the land unit. It is considered that including within 
the introduction, further emphasis on the horticultural activities being undertaken, 
more accurately represents the future direction and use of the land unit. 
Horticulture is defined in the Plan as: 
"Horticulture means the use of land or buildings for the commercial growing 
of vegetables, fruit, berries, nuts, vines, flowers, plants or fungi. It includes 
market gardening, orcharding, and viticulture (but not a winery)." 
In order to better represent the land unit the following changes are recommended...
"10a.6.1 Introduction 
This land unit applies to land
which is predominantly pastoral, 
but includes other productive land uses such as horticulture and woodlots. 
with pasture cover as the 
main vegetation type 
. 
Productive land is characterised by: 
 - Pastoral and horticultural activities, these are often of a moderate to large 
 scale as compared to the productive activities occurring within other land units.
 
- Varying contours, with some areas being characterised as 'rolling to moderately 
 sloping' and others being 'steep slopes'. 
- An expansive landscape with an open pattern and a rural character. 
- A range of pasture quality and productive capability due to the varying soil 
 types. 
- A number of natural features such as smaller wetlands and water systems.
 
- A working landscape with various built elements such as farm buildings, houses 
 and drainage systems. 
Overall, productive land provides for large scale rural activities which contribute 
to the lifestyle, economy and identity of the islands." 
It is noted that the submission is from a Great Barrier land owner and therefore 
the concerns are likely to be specific to Great Barrier. It is also noted that a 
number of submissions have been received which seek the reclassification of land 
from landform 3 (alluvial flats) to landform 5 (productive land). These submissions 
are dealt with in the hearings report for landforms 1-7 (general) and some reclassifications 
are recommended. 
It is therefore recommended that the submission be accepted in part and the introduction 
of the land unit be altered as suggested. 
4.2.2.6 Submission
1093/27 - introduction 
As an amendment is proposed to the existing introduction, it is recommended that 
submission
1093/27, which supports the introduction, be accepted in part. 
 
  | Planner's recommendations about general submissions to landform 
  5 (productive land) That submission
  
  1093/27 be accepted with no alterations to the Plan required to give effect 
  to this submission.  That submissions
  1250/23 
  and 3593/2 
  be accepted in part and that the introduction be amended according to Appendix 
  3.  That submissions
  
  1118/2,
  1284/3,
  2598/3 
  and
  
  3061/74 be rejected.  | 
4.3 Submissions relating to clause 10a.6.2 Resource management issues 
Submission dealt with in this section:
1093/28 
4.3.1 Decisions requested 
Submission
1093/28 seeks amendment to clause 10a.6.2.1 by inserting the following wording:
"...such as pastoral farming and horticulture and their ancillary activities
, to establish..." 
4.3.2 Planner's analysis and recommendations 
The submission seeks the provision for activities ancillary within the land unit 
as they consider that the scale of sites within the land unit allows for the inclusion 
of appropriate ancillary activities. 
The Plan defines ancillary activities as: 
"Ancillary activities means an activity which meets all of the following:
 - It is located on the same site as the primary activity, which is permitted 
 on that site. 
- It is incidental to the primary activity. 
- It serves a supportive function to the primary activity." 
The activity table in clause 10a.6.5 includes all the activities, which are considered 
suitable for inclusion within the land unit. The activities are given a status representative 
of their potential impacts and adverse effects on the environment and to allow for 
any necessary Council discretion should resource consent be required for a particular 
activity. 
Clause 4.2 of the Plan states that any activity not included in the activity 
table for the land unit is given a non-complying status. 
As the submitter has not specified any ancillary activities for inclusion in 
the Plan, or any changes to the status of the activities currently included in the 
activity table, it is difficult to determine what changes are sought by the submitter.
The submitter is invited to attend the hearing to further discuss this submission. 
As no further analysis can be made of the submission, it is recommended that the 
submission be rejected and no alterations to the Plan be made. 
 
  | Planner's recommendations relating to the submission about clause 
  10a.6.2.1 Resource management issues That submission
  
  1093/28 be rejected.  | 
4.4 Submissions about 10a.6.4 Resource management strategy 
Submission dealt with in this section:
1093/29 
4.4.1 Decisions requested 
Submission
1093/29 seeks to retain clause 10a.6.4 as currently worded in the Plan. 
4.4.2 Planner's analysis and recommendations 
It is recommended that this submission be accepted in that it supports the resource 
management strategy of the land unit. 
 
  | Planner's recommendations relating to the submission about clause 
  10a.6.4 - Resource management strategy That submission
  
  1093/29 be accepted. No alterations to the Plan are required to give effect 
  to this submission.  | 
4.5 Submissions about clause 10a.6.5 Rules - activity table 
Submissions dealt with in this section:
59/1, 109/2,
109/5,
120/1,
121/1, 
257/1,
329/1, 
512/4,
1068/1,
1093/30,
1250/24,
1523/1,
1523/2,
1523/3,
1541/1,
1541/2,
1541/3,  
2082/1,
2082/2,
2554/6,
3045/4,
3521/89 
4.5.1 Decisions requested 
Submission
59/1 seeks that community facility be included in the activity table as a permitted 
activity 
Submissions
109/5,
1523/1,
1523/2,
1541/1 
and 1541/2 
seek that forestry and commercial firewood production should be allowed in the land 
unit as a permitted activity. 
Submission
109/2 seeks 
that the covenant and non-covenant area at 375 Aotea Road, Great Barrier in landform 
5 (productive land) should allow energy generation systems, communication systems, 
water supply systems and walking tracks and other recreation related structures 
(i.e. signs, shelters) as permitted uses. 
Submission
121/1 seeks that all activities with a discretionary status within the activity 
table be changed to a permitted or controlled status. 
Submission
257/1 
seeks to add the harvesting of kanuka/manuka (of unrestricted sizes) for home firewood 
use as a permitted activity. 
Submission
329/1 seeks the inclusion of boarding house or hostel as a discretionary activity 
within the land unit 
Submission
1068/1 seeks that educational facilities are a permitted activity within the 
land unit. 
Submission
1093/30 seeks that the activity table be amended to provide for winery as a 
permitted or controlled activity within the land unit. It also seeks to retain horticulture 
as a permitted activity. 
Submission
1250/24 
seeks that amendments to the activity table to made to restrict visitor accommodation 
for up to 10 people to a discretionary activity 
Submission
2082/1 
seeks to include tourist complexes to the land unit as a discretionary activity 
within the land unit 
Submission
2082/2 
seeks that, with specific reference to 38 Medland Road, Tryphena, tourist complexes 
are listed as a restricted discretionary activity to reflect the existing tourist 
complex at the property 
Submissions
120/1, 
512/4,
1523/3,
1541/3 
and 
2554/6 seek that provision is made for multiple dwellings as a permitted or 
controlled activity within the land unit 
Submission
3045/4 
seeks that goat farming is provided for within the land unit as a discretionary 
activity 
Submission
3521/89 seeks that the construction and relocation of buildings, including buildings 
used for activities listed in the table to be a restricted discretionary activity 
within the activity table. 
4.5.2 Planner's analysis and recommendations 
4.5.2.1 Submission
59/1 – community facilities 
Community Facilities are defined in Part 14 of the Plan as: 
"Community facilities means land or buildings used for community or public 
use and run on a not-for-profit basis. 
It includes places used for the gathering of people for recreation, worship, 
cultural and spiritual instruction and deliberation, public halls and libraries.
It does not include any of the following: 
 - entertainment facilities 
- healthcare services 
- restaurants, cafes and other eating places." 
The policies for the land unit seek to limit the non-productive activities that 
occur within the land unit to ensure that the rural use and character of the landscape 
is maintained. It is considered therefore that allowing community facilities within 
the land unit as a permitted activity could compromise the rural character of the 
land unit and the emphasis on productive activities. 
Provision is made for community facilities within various other land units in 
the Plan where it is considered that the location for such facilities is appropriate.
It is therefore recommended that the submission be rejected and that community 
facilities retain the status of non-complying activity within the land unit. 
4.5.2.2 Submissions
109/5,
1523/1,
1523/2,
1541/1 
and 1541/2 
– forestry and commercial firewood harvesting 
Forestry is defined in Part 14 of the Plan as: 
"Forestry means the management of land for commercial wood production 
including the extraction of timber. 
 - It does not include any of the following: 
- the milling or processing of timber 
- commercial firewood harvesting." 
Commercial Firewood Harvesting is defined as: 
"Commercial firewood harvesting means the harvesting of manuka, kanuka 
or any exotic species for the production and sale of firewood. It does not include 
other activities associated with the milling or processing of trees." 
Both forestry and commercial firewood harvesting are provided for within the 
landform 5 (productive land) land unit as discretionary activities and specific 
note is made that the activities are not expected to comply with the vegetation 
clearance controls set out in part 10c – Development controls. 
It is considered that a management plan should be required with each application 
for commercial firewood harvesting so that matters such as the phasing and amounts 
of felling are addressed and can be considered by the council. Further work is required 
to incorporate the need for a management plan into the provisions for commercial 
firewood harvesting. 
The discretionary status of these activities allows the Council to control the 
amount and rate at which these activities are undertaken to ensure that a sustainable 
management approach is maintained. Changing the status of these activities to permitted 
would remove the Council's discretion and therefore, would remove any controls relating 
to the amount or rate at which trees are felled/planted. This, without appropriate 
the intervention and management could result in the worst case, in the clear felling 
of the entire forest resource which is a vital part of the island communities.
It is therefore considered appropriate that the discretionary status of both 
forestry and commercial firewood harvesting is maintained to ensure that the resource 
can be appropriately and sustainably managed to ensure that it provides for the 
needs of the current community, as well as the needs of future generations. 
It is recommended that submissions
109/5,
1523/1,
1523/2,
1541/1 
and 1541/2 
be rejected. 
4.5.2.3 Submission
109/2 – 
375 Aotea Road, Great Barrier 
The submitter seeks that the covenant and non-covenant area at 375 Aotea Road, 
Great Barrier in landform 5 (productive land) should allow energy generation systems, 
communication systems, water supply systems and walking tracks and other recreation 
related structures (i.e. signs, shelters) as permitted uses. 
Although not specifically mentioned in the Plan, it is considered that the requirements 
of residents and land owners to provide for their functional needs, such as power, 
water, communication, waste water disposal are considered an inherent part of the 
activities allowed in the land unit. It is not clear from the submission what scale 
of activity the submitter is referring to for "energy generation systems" and "water 
supply systems". An energy generation system could be a system to supply a single 
dwelling or the whole of the island. 
Walking tracks and other recreation related structures (shelters and signs) are 
also not specifically mentioned in the Plan. The development controls such as earthworks, 
vegetation clearance and the definition of buildings can control these types of 
activities. 
The Plan is not intending to restrict the day to day use of the land and but 
instead seeks to control new development to ensure that any adverse effects on the 
environment are appropriately considered and addressed where necessary. 
The Plan covers conventional utility services in part 5 – Network utility services. 
This part addresses the importance of utility services to the islands but require 
the effects of these services to be managed in a sustainable manner that is in accordance 
with the RMA. 
The Plan recognises that the islands have a unique landscape and that some utility 
services can detract from the visual amenity of the natural environment. There is 
a need to balance between providing utility services and ensuring that they do not 
detract from the environment in which they are located. 
It is therefore considered that the submission be rejected as the issues raised 
by the submitter are already considered to be adequately provided for within the 
Plan. 
4.5.2.4 Submission
121/1 – discretionary activities 
The submission seeks amendment to the status of the following activities: 
 - Boarding kennels and catteries 
- Commercial firewood harvesting 
- Forestry 
- Multiple dwellings 
- Rural property management plan 
- Visitor accommodation for more than 10 people 
- Winery 
Currently the activities all hold a discretionary activity status and the submitter 
seeks that this be changed to either a permitted or controlled status. 
Discretionary status has been assigned to the activities as it is considered 
that this is the most appropriate status for the activities. A discretionary activity 
requires a resource consent and this allows the Council to decide if it considers 
that the activity is appropriate to the specific location, to impose conditions 
in order to avoid remedy or mitigate adverse effects on the environment, and gives 
the option to decline the application if it is deemed that the proposal is unsuitable.
Permitted and controlled statuses do not allow this discretion. Permitted activities 
do not require resource consent and can be undertaken as of right. Controlled activities 
do require a resource consent, however the Council must grant the consent and may 
only impose conditions on the aspects to which it has reserved control in the Plan.
The reason for the discretionary status for the above activities is that it is 
considered that the activities are not appropriate to be undertaken as of right 
as they may have a multitude of adverse effects in the environment. 
It is recommended that the discretionary status of the above activities be retained 
and therefore, the submission be rejected. 
4.5.2.5 Submission
257/1 
– home firewood harvesting 
It is recognised that the Plan does not currently make specific allowance for 
domestic firewood harvesting and it is considered that this activity could be more 
appropriately provided for. It is noted however that the Plan does permit the removal 
of Kanuka of up to 6m in height on Great Barrier. 
It is considered important to include a definition of the activity to outline 
what is intended by domestic firewood harvesting. The following definition could 
be appropriate: 
"Domestic firewood harvesting 
Means the harvesting of any species of vegetation for the purpose of domestic 
firewood. 
It does not include other activities associated with the milling or processing 
of trees or the sale of firewood." 
This definition should be included in part 14 – Definitions, of the Plan. 
It is considered that both Waiheke and Great Barrier have needs for domestic 
firewood harvesting, although it is recognised that the residents on Great Barrier 
are more reliant on firewood as a source of home heating, water heating and cooking.
It is recognised that the vegetation controls on Waiheke and Great Barrier are 
also different. There are no exotic species vegetation controls on Great Barrier, 
while on Waiheke, any exotic tree over 8m in height or 800mm girth is protected. 
Indigenous vegetation is also treated differently on the two islands. On Great Barrier 
it is a permitted activity to remove kanuka of up to 6m while it is only permitted 
to remove kanuka and manuka of up to 3m on Waiheke. It is therefore considered that 
separate provisions must be made for domestic firewood harvesting on each island.
It is considered that domestic firewood harvesting should be included in all 
the landform land units where dwellings are provided for to ensure that all landowner 
can meet their domestic firewood needs. It is therefore necessary to provide for 
domestic firewood harvesting as a permitted activity in the following land units:
 - landform 2 (sand flats area only) 
- landform 3 (alluvial flats) 
- landform 5 (productive land) 
- landform 6 (regenerating slopes) 
- landform 7 (forest and bush areas) 
It is also considered important to ensure that only the required amount of firewood 
is obtained by landowners each year. It is considered that 5m 3 of firewood 
will adequately provide for the domestic firewood needs of any dwelling. It is therefore 
recommended that this amount be provided as a permitted activity, per site, over 
a 12 month (January to December) period. 
It is suggested that the following standards and terms be inserted into the land 
unit: 
Rules – standards and terms for domestic firewood harvesting 
Domestic firewood harvesting will only be considered as a permitted activity 
where all of the following standards are met. 
1. No more than 5m 3 of firewood is harvested per site, per 12 
month (January to December) period is generated. 
2. For Waiheke, indigenous vegetation up to 3m in height and exotic vegetation 
up to 8m in height is used. 
3. For Great Barrier, indigenous vegetation up to 6m in height is used. Exotic 
vegetation can be used for domestic firewood on an 'unlimited basis' (i.e. there 
are no restrictions on height or volume) 
Proposals which do not meet these standards are a discretionary activity.
It is also suggested that a note be included below the activity tables for landforms 
2 (sand flats area only), 3 (alluvial flats), 5 (productive land), 6 (regenerating 
slopes) and 7 (forest and bush areas) to confirm that domestic firewood harvesting 
"is not expected to comply with the vegetation clearance controls set out in part 
10c – Development controls for land units and settlement areas". 
Assessment criteria will be required in part 11, in particular, under clause 
11.3.2. This criteria will be used for assessing proposals which are discretionary 
because they do not meet the standards and terms listed above. It is recommended 
that the following assessment criteria be applied to an application for domestic 
firewood harvesting: 
 - The extent to which the proposed activity will adversely effect the natural 
 environment 
- Whether the proposed activity affects natural habitats and ecological values
 
- Whether the proposed activity affects visual and amenity values 
- Whether any mitigation measures have been included in the application such 
 as replanting elsewhere on the property 
- Whether there are species listed in appendix 6 – list of threatened and unusual 
 plant and animal species located within or adjacent to the area subject to the 
 activity 
- Whether the proposed activity is likely to result in subsidence or erosion
 
- Whether the applicant can display a need for the quantity proposed 
It is therefore recommended that the submission be accepted in part and the suggested 
amendments above be incorporated into the Plan. 
4.5.2.6 Submission
329/1 – boarding house or hostel 
The submitter seeks to include boarding house or hostel as a discretionary activity 
within the land unit. 
"Boarding house or hostel means a building used or designed to be used 
for residential accommodation by five or more people, boarders or lodgers (not including 
the manager or person in charge of the building and their family). 
The accommodation provided includes any of the following: 
 - accommodation only 
- food and accommodation 
- accommodation and the use of communal food preparation, toilet and washing 
 facilities. 
It includes hostels for students or farm workers. 
It does not include any of the following: 
 - premises which are licensed under the Sale of Liquor Act 1989 
- camping facilities 
- dwellings (excluding the accommodation for the manager or person in charge)
 
- homestays 
- visitors' accommodation 
- tourist complexes 
- accommodation for care." 
The submitter raises a need for accommodation for seasonal staff within the land 
unit and it is recognised that the Plan should better provide for accommodation 
for staff employed within the land unit. 
Allowing a boarding house or hostel as a discretionary activity within the land 
unit addresses the need for accommodation for seasonal workers in order to carry 
out productive use and development of the land. The facility can also be used as 
accommodation for tourists and visitors in times when the productive use of the 
land is less and therefore staff accommodation is not required. This provides for 
the economic wellbeing of landowners and the economy in general. 
The discretionary nature of the activity would allow the Council to consider 
the appropriateness of an application for a boarding house/hostel on a site by site 
basis, giving regard to the expansive nature and open pattern of the land unit and 
any adverse effects that the development may have. 
It is therefore recommended that this submission be accepted and the activity 
table at 10.6.5 be amended as follows: 
 
  | Activity  | Status  | 
 
  | Boarding house or hostel  | D  | 
4.5.2.7 Submission
1068/1 – education facilities 
The submitter (Ministry of Education) seeks that education facilities are provided 
for as a permitted activity within the land unit. 
Landform 5 (productive land) provides for large scale rural activities and provides 
for productive activities such as pastoral farming and horticulture to establish 
and operate within the land unit. 
Education facilities is defined in part 14 of the Plan as: 
"Educational facilities means land or buildings used to provide regular 
instruction or training in accordance with a curriculum by teachers or instructors.
It includes schools, technical institutes, teachers' colleges, universities, 
outdoor education centres, sports training establishments and home-schooling for 
more than two children not resident on the site. 
The activity also includes ancillary administrative, cultural, health, retail 
and communal facilities." 
Non-productive activities such as educational facilities are limited within the 
land unit as they are not in keeping with the rural use and character of the land 
unit. It is considered that educational facilities vary in scale and intensity and 
as such, the effects of the activities can vary greatly. 
The Ministry of Education has designated all of its schools currently located 
on both Waiheke (1 kindergarten, 2 primary schools and a high school) and Great 
Barrier ( 3 primary schools). It is considered that designation is the most appropriate 
way for the Ministry of Education to provide for new educational facilities. 
Clause 1.6.5 of the Plan outlines the role of designations. A designation is 
a form of land use authorisation which is available to a requiring authority. Requiring 
authorities include ministers of the crown, local authorities (such as the council), 
or network utility operators. A designation is for a public work such as a school, 
police station, road, motorway, park, drainage or infrastructure systems. 
The effect of a designation is to override the general provisions of the Plan 
and any resource consent, for activities that are consistent with the designated 
purpose. Once a designation is included in the Plan, no one may without the prior 
written consent of the requiring authority do anything to the affected land that 
would prevent or hinder it being used for its designated purpose. 
It is therefore considered that educational facilities are not considered appropriate 
as a permitted activity within the land unit and it is recommended that the submission 
be rejected. 
4.5.2.8 Submission
1093/30 - winery 
The submitter seeks amendment to the activity table to provide for winery as 
a permitted or controlled activity within the land unit. 
Winery is defined in Part 14 of the Plan as: 
"Winery means land or buildings used for the processing, and fermentation 
of grapes into wine, and may include bottling facilities, wine-tasting and ancillary 
wine retailing. 
It does not include any of the following: 
 - visitor accommodation 
- restaurants, cafes or other eating places 
- function facilities." 
It is noted that the activity table currently allows for a winery as a discretionary 
activity within the land unit and that viticulture is provided for as a permitted 
activity (within the definition of horticulture) 
Viticulture and other types of horticulture are encouraged within the land unit 
as it makes appropriate use of the expansive, rural nature of the land whilst contributing 
to the lifestyle, economy and identity of the islands. It is also considered that 
wineries are suitable for inclusion as a permitted activity within the land unit 
they are compatible with the objectives and policies of the land unit as wineries 
provide for the economic wellbeing of the landowners and provide a complementary 
activity to viticulture. 
It is recognised that wineries may also result in a significant increase in built 
form however, the open expansive nature of the land unit can accommodate the additional 
built form. 
The submission also seeks to retain horticulture as a permitted activity. 
It is therefore recommended that the submission be accepted, in that part of 
the submission agrees with the activity status of horticulture within the land unit 
and that the activity status of winery be amended to permitted within the activity 
table. 
4.5.2.9 Submission
1250/24 
– visitor accommodation 
Visitor accommodation for up to 10 people is currently provided for as a permitted 
activity within the land unit. 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." 
Increasing numbers of tourists and visitors to the islands increases the need 
for visitor accommodation. 
Small scale visitor accommodation (for up to 10 people) within the landform 5 
land unit provides landowners with the opportunity for a potential income in times 
when activity from productive use of their land is less. This provides for the landowners 
economic wellbeing and for the economy of the islands in general. 
It is recognised that allowing visitor accommodation within the land unit could 
result in an increase in the amount of noise and traffic generated, however it is 
considered that by restricting the size of permitted visitor accommodation (to provide 
for up to 10 people), the effects on the surrounding environment from both traffic 
and noise will be minimal. 
It is therefore considered that the permitted status of visitor accommodation 
for up to 10 people should be retained and that the submission is rejected. 
4.5.2.10 Submission
2082/1 
& 2082/2 
– tourist complex 
The submitters seek the inclusion of tourist complexes as a discretionary activity 
within the land unit. 
"Tourist complex means land or buildings which are used for the day to 
day accommodation of tourists and short-stay visitors away from their normal place 
of residence. 
It includes visitor accommodation in association with one or more of the following:
 - function facilities 
- taverns 
- restaurants, cafe and other eating places 
- entertainment facilities 
without limiting the use of such facilities to people staying in the complex.
It may include premises licensed under the Sale of Liquor Act 1989. 
It does not include: 
 - camping facilities; or 
- boarding houses or hostels." 
It is considered that tourist complexes, by the nature of the facilities that 
they can provide, are generally large scale complexes. It is also noted that the 
facilities that make up the complex are not solely provided for use by guests of 
the visitor accommodation and as such, a significant increase in the noise and traffic 
associated within the development could result. 
It is considered that a significant increase in built form from tourist complexes 
within the landform 5 (productive land) land unit could result in a reduction in 
the open rural character of the land unit, which is something to be specifically 
avoided in the objectives and policies of the land unit. 
It is therefore considered that tourist complexes are not suitable for inclusion 
within the landform 5 land unit and it is recommended that the submission be rejected.
The submitters seek amendment to the activity table to allow for multiple dwellings 
as a permitted or controlled activity within the land unit. 
Multiple dwellings are currently provided for as a discretionary activity within 
the land unit. Clause 10a.6.6 outlines the standards and terms, which must be met 
in order to consider multiple dwellings as a discretionary activity. 
The intention of the standards and terms for multiple dwellings is that it does 
not allow the construction of any more dwellings than would be permitted if the 
site were subdivided in accordance with the rules in part 12 of the Plan. 
Providing for more than one dwelling per site in the landform 5 (productive land) 
is likely to lead to subsequent pressure for subdivision as separate titles are 
sought for each dwelling. It is for this reason that, in general, the multiple dwelling 
provisions seek to ensure that no more dwellings are provided for than would occur 
if the site were subdivided in accordance with the minimum site areas set out in 
table 12.1 and one dwelling was located on each site. 
It is noted that visitor accommodation, for up to 10 people, is provided for 
as a permitted activity and it is acknowledged that the effects of the use of a 
visitor accommodation and of a dwelling are not easily discernible. It is also noted 
however, that the Plan provides for visitor accommodation to allow property owners 
to develop an alternative income source and also in recognition of the need to provide 
a range of types of accommodation for tourists as they are a key contributor to 
the economy of the Waiheke. 
It is therefore recommended that the submissions be rejected and that multiple 
dwellings remain as a discretionary activity within clause 10a.6.5. 
4.5.2.12 Submission
3045/4 
– goat farming 
The submitter seeks that goat farming be provided for within the land unit as 
a discretionary activity. 
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 raised 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 amended Plan would prohibit feral goats and deer 
as it only considers goats and deer as pests when they are not held in secure containment.
It is therefore considered that goats, farmed within secure containment would 
be appropriate within the landform 5 (productive land) land unit and as such, it 
is suggested that the definition of pastoral farming be altered to provide for this. 
It is also considered that deer, farmed within secure containment would also be 
appropriate within the land unit but no submissions have sought this relief, no 
changes to the plan can be made. 
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. 
4.5.2.13 Submission
3521/89 – construction and relocation of buildings 
Submission
3521/89 (Auckland Regional Council) seeks that the construction and relocation 
of buildings, including buildings used for activities listed in the table to be 
a restricted discretionary activity within the activity table. It is noted that 
the relationships between buildings and other activities listed in activity table 
is explained in clause 4.3. 
It is considered that the activities allowed as permitted activities are appropriate 
for inclusions within the land unit and that the development controls outlined in 
part 10c of the Plan provide the necessary restrictions on the bulk and location 
of buildings. It is also considered that the amenity of the landscape doesn't need 
as much protection as some other land units such as landforms 1,2, 6 and 7 and therefore 
it is recommended that the submission be rejected and that the construction and 
relocation of buildings within the landform 5 (productive land) land unit remain 
as a permitted subject to development controls. 
 
  | Planner's recommendations relating to submissions about clause 
  10a.6.5 Rules - activity table That submission
  
  329/1 be accepted and the Plan be amended according to Appendix 3.  That submissions
  257/1,
  
  1093/30 &
  3045/4 
  be accepted in part and the Plan be amended according to Appendix 3.  That submissions
  
  59/1, 
  109/2,
  109/5,
  
  120/1,
  
  121/1,
  512/4,
  
  1068/1,
  1250/24,
  1523/1,
  1523/2,
  1523/3,
  1541/1,
  1541/2,
  1541/3,
  2082/1,
  2082/2,
  2554/6,
  
  3521/89 be rejected.  | 
4.6 Submissions about clause 10a.6.6 Rules –standards and terms for multiple 
dwellings 
Submissions dealt with in this section:
924/1,
1088/1 
4.6.1 Decisions requested 
Submission
924/1 
seeks that the discretionary activity of multiple dwellings (clause 10a.6.6) includes 
consideration for dwellings which are part of a co-housing scheme or collective 
or partnership which is governed by a covenant/mission statement/trust provision 
that promotes the principles of the GDP and environmentally sound farming practices 
in a community like group. 
Submission
1088/1 seeks to exclude educational facilities from compliance with the development 
controls listed is part 10c. 
4.6.2 Planner's analysis and recommendations 
4.6.2.1 Submission
924/1 
- multiple dwellings under collective ownership 
Multiple dwellings are defined in part 14 of the Plan as being "more than one 
dwelling per site". 
They are given a discretionary status provided that one or more of the criteria 
under clause 10a.6.6 are met, failing this, the activity is considered a non-complying 
activity. 
The submission seeks that consideration within the land unit be given for dwellings 
which are part of a co-housing scheme or collective or partnership and are governed 
by a covenant/mission statement/trust provision to promotes the principles of the 
GDP and environmentally sound farming practices in a community like group. 
The submission suggests that the following criteria could be applied: 
 - The collective footprint of dwellings not to exceed 400m2 on block of land 
 less than 50 acres and larger than 25 acres 
- Dwellings are situated in a cluster not further than 10m apart 
- The cluster shares an environmentally appropriate septic system, water system, 
 driveway and other utilities as practicable 
The submission highlights the Awaawaroa Bay Eco Village as an example of the 
type of development they would like to be allowed within the land unit. This eco 
village was developed under a Rural Property Management Plan and involves the protection 
of a significant environmental feature (SEF). 
Clause 12.9.4 of the Plan does provide for cluster subdivision associated with 
the protection of significant environmental features. This is provided for in landforms 
2 to 7 and in rural 1. The clause states that sites of between 3000m 2 
and 5000m 2 can be created as a cluster or group of clusters with one 
further site created that contains the balance of the land subject to subdivision 
and most of the significant environmental feature. Each site which is the subject 
of a cluster or group of clusters must hold an equal and undivided share in the 
balance site. Access to these sites must be via a common vehicle accessway and shared 
infrastructure is preferred. 
Providing for more than one dwelling per site in landform 5 (productive land) 
could lead to pressure for subdivision. It is for this reason that the multiple 
dwelling provisions seek to ensure that no more dwellings are provided for than 
would occur if the site were subdivided in accordance with the minimum site areas 
set out in table 12.1 and one dwelling was located on each site. 
It is therefore recommended that the submission be rejected. 
4.6.2.2 Submission
1088/1 – educational facilities exempt from development controls 
The Ministry of Education is a requiring authority and should therefore use the 
designation process to establish schools in the islands. Currently within the Plan 
the Waiheke High School, Te Huruhi Primary School, Waiheke Kindergarten and Waiheke 
Primary School on Waiheke and Okiwi Primary School, Kaitoke Primary School, and 
Mulberry Grove Primary School on Great Barrier are all designated by the Ministry 
of Education. 
Paragraphs 3 and 4 of clause 1.6.5 explains the effect of designations. These 
paragraphs state: 
"The effect of a designation is to override the general provisions of the Plan 
and any resource consent, for activities that are consistent with the designated 
purpose. Once a designation is included in the Plan, no one may without the prior 
written consent of the requiring authority do anything to the affected land that 
would prevent or hinder it being used for its designated purpose." 
Designated land is also classified into a land unit or settlement area to indicate 
the purposes for which the land could be used if it was not designated. The provisions 
of the Plan apply to the designated land only to the extent that the land is used 
for a purpose other than its designated purpose." 
This means that the development controls in the Plan would only take effect if 
the land was no longer used for educational purposes by the Ministry and the designation 
was removed. In addition, it is considered that educational facilities can have 
adverse effects in the landform 5 (productive land) land unit in relation to traffic 
generation, traffic movements, parking and amenity and are not considered to be 
in keeping with the expansive, open, rural character of the land unit. As such, 
it is recommended education facilities should remain a non-complying activity in 
the landform 5 (productive land) land unit. 
It is recommended that submission
1088/1 be rejected. 
 
  | Planner's recommendations relating to submissions about clause 
  10a.6.6 Rules –standards and terms for multiple dwellings That submissions
  924/1 
  &
  
  1088/1 be rejected.  | 
5.0 Conclusion 
This report has considered the decisions requested in submissions lodged regarding 
Landform 5 (productive land) 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. 
 
  |  | Name and title of signatories | Signature | 
 
  | Author | Deborah Kissick, Planner |  | 
 
  | Reviewer | Megan Tyler, Manager: Islands  |  | 
 
  | Approver | Penny Pirrit, Manager: City Planning |  | 
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