Parties and Issues Report Released on 21 August 2014 for the Pre-Hearing Meeting
This report includes information and documents related to the hearing pathway for this topic. Reference needs to be made to this report to find out 1) the parties, 2) the proposed pathway and 3) documents and information for this topic.
Pre-Hearing Meeting 2 September 2014 Full Panel Mediation not required Expert Conferencing not required Hearing Tentative date 25- 26 September 2014 Full Panel
002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 1 Table of Contents 1. Hearing topic information ............................................................................................ 2 1.1 The Hearing Topic .......................................................................................................... 2 2. Submissions received and proposed hearing pathway ............................................ 4 2.1. Parties to this topic ......................................................................................................... 4 2.2. Submission Points Pathway Report (SPP) ..................................................................... 4 2.3 Grouping of submissions ................................................................................................ 4 2.4 Parties required to attend the pre-hearing meeting ......................................................... 8 3. Identifying the hearing pathway for submissions...................................................... 9 3.1 Submitters who wish to be heard ................................................................................... 9 3.2 Submitters who do not wish to be heard ......................................................................... 9 3.3 Submission points relating to minor errors and changes ................................................ 9 3.4 Further submissions ....................................................................................................... 9 3.5 Further information ......................................................................................................... 9 4. Documents from the pre-hearing and hearing pathway .......................................... 10 4.1 Hearing pathway documents ........................................................................................ 10 4.2 Independent expert evidence ....................................................................................... 10 5 Summary of pre-hearing pathway outcomes ........................................................... 11 5.1 Pre-hearing meeting outcome ...................................................................................... 11 5.2 Expert conferencing outcomes ..................................................................................... 11 5.3 Mediation outcomes ..................................................................................................... 11 5.4 Recommendations on minor errors and changes ......................................................... 12 5.5 Agreements reached between parties outside of formal mediation or experts conference pathway ............................................................................................................ 12 5.6 Connecting the outcomes from pre-hearing and hearing pathways .............................. 12 6 Hearing Session ......................................................................................................... 13
002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 2 1. Hearing topic information
PLEASE READ
Important Jurisdictional Note
Most submission points (except for points allocated to the Eplan and Geographic renaming pathways) allocated to this hearing topic raise matters that the Independent Hearing Panel (the Panel) consider to be out of scope. Out of scope is a term used to identify matters that cannot be included in the Proposed Auckland Unitary Plan because they are outside of the jurisdiction of the Panel under the Local Government (Auckland Transitional Provisions) Act 2010 and the Resource Management Act 1991.
The implication of your submission point being confirmed by the Independent Hearings Panel as out of scope is that a recommendation to reject your submission point will be made to Auckland Council by the Hearings Panel following the hearing on this topic.
If you disagree that your submission point is out of scope you are strongly encouraged to attend the pre-hearing meeting to speak to this jurisdictional matter.
1.1 The Hearing Topic The information provided below outlines the subject, Proposed Auckland Unitary Plan provisions and relevant matters to be considered for this topic. HEARING TOPIC - 002 E-Plan and Miscellaneous This topic relates to submissions: regarding the functionality of the E-Plan of the Proposed Auckland Unitary Plan, and that are outside the scope of the Proposed Auckland Unitary Plan or beyond the jurisdiction of the Hearings Panel.
Proposed Auckland Unitary Plan Provisions Not Applicable
002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 3 Planning Maps: Some E-Plan submission points relate to the functionality of Proposed Auckland Unitary Plan on-line maps. Overlays: Not included in this hearing topic Appendices: Relevant diagrams/figures: Some E-Plan submission points relate to the functionality of Proposed Auckland Unitary Plan on-line appendices. Not included in this hearing topic Provisions that took legal effect at notification (Section 86B RMA): None
Proposed Auckland Unitary Plan provisions identification (Section 80(8) RMA): Not Applicable OTHER RELEVANT DOCUMENTS None
002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 4 2. Submissions received and proposed hearing pathway 2.1. Parties to this topic The following table provides an overview to the submissions made to this topic. Total number of primary submission points 1733 Total number of primary submitters who wish to be heard 479 Total number of further submission points Not available until after 5 th September 2014 Total number of further submitters who wish to be heard Not available until after 5 th September 2014
Further Submissions Note At the time of the pre-hearing meeting on 2 September 2014 the details of further submitters have not been made available by Auckland Council. Once these details are made available on 5 September 2014 this Parties and Issues report will be updated and further submitters allocated to submissions and any applicable pre-hearing processes. 2.2. Submission Points Pathway Report (SPP) The primary submission points in this hearing topic are categorised in the submission points pathway report. You can find a copy to the SPP for hearing topic 002- Eplan and Miscellaneous in the AUPIHP website. 2.3 Grouping of submissions The Panel has directed that the submission points for this hearing topic be grouped to the matters listed in the table below. The allocation of a submission point to a matter listed in the table below is shown in the issue/provisions column in the submission points pathway report (SPP). SPP issue column reference Issues raised (Refer to the SPP to check allocation) Panel Preliminary Position (The matters in italics are the Panels preliminary indication of its approach to submission points allocated to this issue) Auckland Design Manual Request changes to content and administration of Auckland Design Manual website.
Not a statutory planning matter and is not part of the PAUP 002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 5 SPP issue column reference Issues raised (Refer to the SPP to check allocation) Panel Preliminary Position (The matters in italics are the Panels preliminary indication of its approach to submission points allocated to this issue) Bylaws Request new bylaws or changes to existing bylaws. Includes Sale of Liquor Act matters.
Outside jurisdiction of RMA Central Government Request changes that relate to legislation other than the RMA or LGATPA. Also includes requests for central government interventions or new policy approaches.
Outside jurisdiction of RMA Consultation Seek additional consultation, engagement or communications
Auckland council matter, cannot direct consultation. Development Contributions Matters related to the taking or use of Development Contributions under the Local Government Act 2002.
Outside jurisdiction of RMA, not part of the PAUP Economic Development Seek Council support for named employment sectors or local economic development.
Panel has no authority over funding or projects E-Plan Changes to E-Plan to improve accuracy and functionality.
Refer to council Fluoride Seek the removal of fluoride from municipal water supply Outside jurisdiction of RMA 002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 6 SPP issue column reference Issues raised (Refer to the SPP to check allocation) Panel Preliminary Position (The matters in italics are the Panels preliminary indication of its approach to submission points allocated to this issue) Geographic naming Seek the renaming of a location within the Proposed Auckland Unitary Plan maps.
Refer to council Governance Concerns functioning of Auckland Council governance, overall strategy framework, prioritisation of funding, property management, new revenue opportunities
Outside jurisdiction of RMA Infrastructure & Environment Seek changes to Councils asset management and environmental management functions. Includes assets of Watercare Services ltd. Excludes parks and community facility assets and management.
Panel has no authority over funding or projects Parks and Community Parks and community facility assets, management and acquisitions.
Panel has no authority over funding or projects Rates Matters related to rating amounts, allocation, rebates.
Panel has no authority Referendum Seek that Council undertake a referendum on a variety of issues.
No power to recommend a referendum 002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 7 SPP issue column reference Issues raised (Refer to the SPP to check allocation) Panel Preliminary Position (The matters in italics are the Panels preliminary indication of its approach to submission points allocated to this issue) Section 32 Seek changes to all aspects of the Section 32 report on the Proposed Auckland Unitary Plan.
Outside jurisdiction of RMA Southern Hauraki Gulf Islands Requests specific to matters excluded from the Proposed Auckland Unitary Plan related to the Southern Hauraki Gulf Islands.
Out of jurisdiction as the PAUP district provisions do not apply to the Southern Hauraki Gulf Islands. Special Housing Changes specific to special housing areas or potential special housing areas. Includes matters related to the Housing Accords and Special Housing Areas Act 2013.
Outside jurisdiction of RMA Titles and survey Seek changes to private titles, legislative changes related to titles.
Outside jurisdiction of RMA Transport/Parking Focus on transportation infrastructure, routes, administration, and parking structures/land. Approximately 354 submissions pertaining to Tamaki Drive.
Outside jurisdiction of RMA UP Administration Requests related to resource consent operations, Amendments to various aspects of the Councils Outside jurisdiction of RMA 002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 8 SPP issue column reference Issues raised (Refer to the SPP to check allocation) Panel Preliminary Position (The matters in italics are the Panels preliminary indication of its approach to submission points allocated to this issue) approach to generating the Unitary Plan and allocation of resources. Also includes support for the use of mediation practices in hearing procedures.
Other Other issues outside of the scope of the Proposed Auckland Unitary Plan
Outside jurisdiction of RMA
2.4 Parties required to attend the pre-hearing meeting The Panel requires the Auckland Council to attend the pre-hearing meeting for this topic. Please refer to the SPP report for the specific points. 002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 9 3. Identifying the hearing pathway for submissions To identify the proposed hearing process (pathway) for your submission points, you need to find your submission point(s) in the attached Submission Points Pathway report (SPP). For further submitters please refer to section 3.4 below. 3.1 Submitters who wish to be heard Submitters who do not agree with the proposed pathway within the SPP report need to attend the Pre-hearing meeting. 3.2 Submitters who do not wish to be heard Submitters who have indicated that they did not wish to be heard have been recorded as consider in the pathway column in the SPP. These submission points will be read and considered by the Panel during the hearing. 3.3 Submission points relating to minor errors and changes All submission points relating to E-Plan and Geographic naming have been recorded as refer to Council in the pathway column of the SPP. These matters will be referred directly to the Council for its consideration. The Council will be required to report the recommended outcomes for these submission points back to the Panel prior to the commencement of the hearing sessions. If the Council does not agree with the submissions being recorded as minor errors or changes, they can refer these back to the Panel at the Pre-hearing meeting. If the Panel agrees with the Council it will consider the submission point/s, and if the submitter indicated they wished to be heard, re-allocate the submission point/s to mediation, expert conferencing or to a hearing. 3.4 Further submissions Further submission points follow the pathway of the primary submission point to which they relate. Refer to the Further Submission Report for 002 EPlan and Miscellaneous which is available on the AUPIHP website. (Note this will not be available until after the 5 th of September 2014) 3.5 Further information For further information on these hearing pathways refer to the factsheets on mediation, expert conferencing, pre-hearing meetings, evidence and hearings. The Hearing Procedures document also contains information on the hearing pathways.
002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 10 4. Documents from the pre-hearing and hearing pathway
4.1 Hearing pathway documents This section includes the agendas, meeting records and joint statements for this topic. This table will be updated prior to the heading for this topic.
Stages of hearing pathway and documents details Meeting Date Visit the AUPIHP website 002 Eplan and Miscellaneous Pre-Hearing Meeting 1 2 September 2014
4.2 Independent expert evidence The Panel may request independent expert evidence to assist in the understanding of hearing topics. If the independent evidence is obtained a copy of the evidence will be made available from the link provided below.
002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 11 5 Summary of pre-hearing pathway outcomes Please note - Section 5.1 will be updated after the pre-hearing meeting. Sections 5.2 5.6 will be updated prior to the hearing for this topic. 5.1 Pre-hearing meeting outcome This section provides an overview of the outcomes from the pre-hearing pathway for this topic. Pre-hearing meeting: Hearings Panel direction from pre-hearing meeting:
Changes made to the Parties and Issues Report following pre- hearing meeting:
5.2 Expert conferencing outcomes Note: Expert conferencing may not be undertaken for all topics, in which case N/A has been recorded. Issue 1 Outcomes
Issue 2 Outcomes
5.3 Mediation outcomes Note: Mediation may not be undertaken for all topics, in which case N/A has been recorded. Issue 1 Outcomes
Issue 2 Outcomes 002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 12 5.4 Recommendations on minor errors and changes This section records the recommendations from Auckland Council in relation to the submissions that are coded as minor errors and changes.
Submission points 1
Recommendations
5.5 Agreements reached between parties outside of formal mediation or experts conference pathway This section records the agreements reached between parties which were submitted to the Panel during the pre-hearing pathway.
Issue 1 Outcomes Date received
5.6 Connecting the outcomes from pre-hearing and hearing pathways The outcomes from pre-hearing pathways, or resulting from other hearing topic pathways, may not always connect, for example: between negotiated outcomes with other provisions in the Proposed Auckland Unitary Plan with outcomes from other related hearing pathways with consequential hearing outcomes. The connections between outcomes that need to be considered for this topic are:
Note: This is not a definitive list and does not prevent any party to raising matters in this regard.
002 E-Plan & Miscellaneous released on 21 August for the Pre-hearing Meeting Page 13 6 Hearing Session
002 E-Plan and Miscellaneous This topic will be heard by a Full Panel Date hearing commenced: Tentative 25 and 26 September 2014