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Plans, policies and reports
Plans, policies and reports

Hauraki Gulf Islands  review

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Issues and options papers

Hauraki Gulf Marine Park Act

Issue
The Hauraki Gulf Marine Park Act (HGMP Act) requires that territorial authorities make changes as necessary within five years of its enactment to ensure that the provisions of the District Plan do not conflict with its objectives and its recognition of the national significance of the Hauraki Gulf. Plan change 39 to the Operative District Plan was notified in order to meet these requirements. The amendments to the Resource Management Act changed Section 55 of that Act to require that a local authority "give effect to" a provision in the national policy statement.

Section 9 (5) of the HGMP Act states that "…the provisions of section 55 of the Resource Management Act 1991 apply as though sections 7 and 8 of this Act were a national policy Statement…." Therefore the review of the District Plan must ensure that the provisions "give effect to" the HGMP Act.

Section 8 of the HGMP Act lists objectives for the management of the Hauraki Gulf. Careful consideration will need to be given to this section given that the words "the protection and, where appropriate, the enhancement of…" are used in sub-sections (a), (b), (c), (e), and (f). This indicates a higher threshold than that which is currently provided for in plan change 39 of the Plan.

Impacts from land-based activities in terms of the HGMP Act could be considered, keeping in mind the increasing impacts on these waters from the Auckland Isthmus.

Possible approaches

You may have a better or alternative approach to those outlined below. If so, we would like to hear from you.

  • Retain the status quo.
  • Include a specific section in all s32 assessments on how the provisions will give effect to, and meet the objectives of, Section 8 of the HGMP Act.
  • Undertake a separate s32 report on how the plan gives effect to the HGMP Act.
  • Include general criteria in Part 6 (or equivalent) of the Plan regarding the HGMP Act.
  • Provide specific reference to the Act in Part 2 or equivalent.
  • Review the impact of the HGMP Act on permitted activities and objectives and policies.

Note:

While this issue paper can be read in isolation, it is best read in association with the issue papers relating to: