Maori Purpose Zone As Notified in the PAUP

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Maori Purpose Zone As Notified in the PAUP BEFORE THE AUCKLAND UNITARY PLAN INDEPENDENT HEARINGS PANEL IN THE MATTER of the Resource Management Act 1991 and the Local Government (Auckland Transitional Provisions) Act 2010 AND IN THE MATTER of TOPIC 080g Rezoning and Precincts (General) AND IN THE MATTER of the submissions and further submissions set out in the Parties and Issues Report EVIDENCE REPORT ON SUBMISSIONS BY JYM HALLAM CLARK ON THE MĀORI PURPOSE ZONE 3 DECEMBER 2015 TABLE OF CONTENTS 1. SUMMARY .................................................................................................................... 1 PART A: OVERVIEW AND BACKGROUND ......................................................................... 1 2. INTRODUCTION ........................................................................................................... 1 3. CODE OF CONDUCT .................................................................................................... 1 4. SCOPE .......................................................................................................................... 2 5. INTERIM GUIDANCE FROM THE PANEL .................................................................... 2 6. APPROACH TO ZONING WITHIN THE PAUP .............................................................. 3 7. STATUTORY FRAMEWORK ......................................................................................... 3 8. PAUP FRAMEWORK TO THE MĀORI PURPOSE ZONE ............................................. 3 PART B –REZONING SUBMISSIONS AND ANALYSIS ....................................................... 5 9. ZONING SUBMISSION THEMES .................................................................................. 5 10. ANALYSIS OF ZONING SUBMISSIONS .................................................................... 6 11. EXPLANATION OF MAPPING ................................................................................... 7 12. CONCLUSIONS ......................................................................................................... 7 ATTACHMENT A: STATEMENT OF EXPERIENCE ............................................................. 9 ATTACHMENT B: ZONING ANALYSIS AND PLANNER POSITION .................................. 10 ATTACHMENT C: ANALYSIS OF SUBMISSIONS ............................................................. 16 1. SUMMARY 1.1 The purpose of this Evidence Report (Report) is to consider zone-specific submissions and further submissions to the Proposed Auckland Unitary Plan (PAUP) for Topic 080g Rezoning and Precincts General (Topic 080g) in relation to the spatial extent of the Special Purpose - Māori Purpose zone. 1.2 The Report includes my proposals on whether the council supports or does not support the submissions, in full or in part, and what amendments, if any, should be made to address matters raised in submissions. 1.3 In summary I consider that six existing marae in Auckland should be rezoned as Māori Purpose, as requested by submissions. This would ensure that most marae in Tamaki Makaurau have a zone which reflects the social the cultural outcomes of the marae activity. In addition, I support all the locations of the Maori Purpose zone as notified in the PAUP. 1.4 I do not support submissions seeking to remove the Maori Purpose zone at Te Atatu Marae or add it to new locations such as cultural redress properties which have public open space and conservation values, such as rezoning the Tūpuna Maunga. PART A: OVERVIEW AND BACKGROUND 2. INTRODUCTION 2.1 The purpose of this Report is to consider submissions and further submissions received by the Council in relation to the spatial extent of the Special Purpose - Māori Purpose zone and in particular requests to rezone specific sites. 2.2 This Report has been prepared by Jym Hallam Clark. My qualifications and experience is attached in Attachment A. 2.3 The Report includes my proposals on whether to support or not support the submissions, in full or in part, and what amendments, if any, should be made to address matters raised in submissions. 3. CODE OF CONDUCT 3.1 I confirm that I have read the Code of Conduct for Expert Witnesses contained in the Environment Court Practice Note 2014 and that I agree to comply with it. I confirm Page 1 that I have considered all the material facts that I am aware of that might alter or detract from the opinions that I express, and that this Report is within my area of expertise. 4. SCOPE 4.1 I am providing an evidence report in relation to submissions received to rezone sites from and to the Special Purpose - Māori Purpose zone across the Auckland region. 4.2 In preparing this Report I have relied on the Auckland-wide evidence of John Duguid for Topic 080 and Topic 081 Rezoning and Precincts Geographic (Topic 080) which sets out the statutory framework, methodology, principles and section 32 evaluations, used to guide the development and application of zones and precincts. I have read and accept this evidence. 4.3 My response to the submissions regarding Puketutu Island has been prepared in conjunction with Ms Lucy Deverall, and should be read in conjunction with the parts of the Public Open Space Rezoning Evidence, dated 3 December 2015. 4.4 I have previously prepared primary1 and rebuttal2 evidence with respect to the objectives, polices and methods for the Maori Purpose zone for Topic 036. With respect to the Maori Purpose zone, my evidence did not propose to make significant changes generally as there were few submissions with respect to it, and the zone provisions were in a workable condition at notification of the PAUP. Changes were made to the objectives and policies to reflect the changes made to the Auckland-wide Maori Land and Treaty settlement land sections which have similar objectives and policies. 5. INTERIM GUIDANCE FROM THE PANEL 5.1 The Panel has provided interim guidance with respect to rezoning which I have read, the following in particular: (a) Chapter G: General Provisions, dated 9 March 2015; (b) Best practice approaches to re-zoning and precincts, dated 31 July 2015; (c) Chapter G General Provisions, dated 9 October 2015. 1 Statement of primary evidence of Jym Hallam Clark, notably section 16, dated 17 April 2015. 2 Statement of rebuttal evidence of Jym Hallam Clark, notably section 11, dated 18 May 2015. Page 2 6. APPROACH TO ZONING WITHIN THE PAUP 6.1 The Council’s zoning principles are set out in Mr Duguid’s statements of evidence for Topic 080, dated 3 December 2015 I have read and agree with this evidence. 6.2 Section 32 and 32AA 6.3 As outlined in the Auckland Unitary Plan Evaluation Report (the Evaluation Report), the Council has focussed its section 32 assessment on the objectives and provisions within the PAUP that represent significant changes in approach from those within the current operative Auckland RMA policies and plans. Whilst the Evaluation Report applies to the entire plan, the report targets the 50 topics where the provisions represent a significant policy shift. 6.4 The spatial extent to which the Māori Purpose zone is applied does not reflect a major policy shift from the operative plans which are evaluated in this Report in accordance with the s32 analysis which was notified with the PAUP. The new locations proposed in this evidence would continue to apply to marae and other Maori cultural and educational institutions in the same way as the legacy plans. 7. STATUTORY FRAMEWORK 7.1 The statutory framework is detailed in the evidence of Mr Duguid, dated 3 December 2015 and is not repeated here. 8. PAUP FRAMEWORK TO THE MĀORI PURPOSE ZONE 8.1 The approach of providing for the Māori Purpose zone within the Proposed Auckland Unitary Plan (PAUP) was discussed in my evidence on behalf of Auckland Council for Topic 036. In my evidence, I supported the retention of the Māori Purpose zone,3 Including objectives and policies which allow the Māori Purpose zone to be located in urban, rural and coastal areas, including beyond the Rural Urban Boundary (RUB). 8.2 The PAUP Regional Policy Statement recognises Maori economic, social and cultural development as an issue of significance to Mana Whenua (B5.3). With respect to the Maori Purpose zone, B5.3 provides for the development of Maori cultural institutions (Policy 4) and provides for papakāinga, marae, customary use, cultural activities and commercial activities across urban and rural Auckland (Policy 1). The Maori Purpose zone is recognised as a regulatory method in B5.3. 3 Jym Clark, Topic 036 EIC, paragraphs 10.4 – 10.6. Page 3 8.3 The notified PAUP specifically provides for Māori cultural, social and economic activities on their ancestral lands through the Auckland-wide Māori land and Treaty settlement land provisions, as well as the Special Purpose – Māori Purpose zone. The Māori Purpose zone provisions enables papakāinga, small scale care centres and retail, marae, education facilities, organised sport, urupā and other activities which provide for Māori cultural activities. 8.4 The range of activities provided in the Māori Purpose zone is also provided for in other urban PAUP zones, typically requiring a restricted discretionary or discretionary resource consent. Notably, the Māori Purpose zone permits marae and associated activities and provides for these to be co-located. 8.5 The Māori Purpose zone is mostly a rollover of legacy plan Māori special purpose zones4. Five additional locations were included in the Māori Purpose zone for the notification of the PAUP in 2013. The PAUP has 15 Māori Purpose zone locations, mostly marae, but also includes kura
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