SUBMISSION BY NGĀTI TE WHITI WHENUA TOPU TRUST AND THE NGAMOTU MARAE RESERVATION RESERVE ON NPDC’S PROPOSED DISTRICT PLAN

To: District Council Address: Private Bag 2025, New Plymouth 4342 Email: [email protected]

Submitter Details Please note that all information provided in your submission, including your personal information, will be made publicly available.

Name of submitter: Ngāti Te Whiti Whenua Topu Trust and the Ngamotu Marae Reservation Reserve Agent on behalf of submitter: BTW Company Limited Postal address: PO Box 551, New Plymouth Email address: [email protected] Phone number: 027 3622562 Contact person: Jeremy Brophy

Trade Competition Can you gain an advantage in trade competition in making this submission? Yes ☐ No ☒

Are you directly affected by an effect of the subject matter of the submission that: (1) Adversely affects the environment; and (2) Does not relate to trade competition or the effects of trade competition. Yes ☒ No ☐

Council Hearing Do you wish to be heard in support of your submission? Yes ☒ No ☐

If others make a similar submission would you consider presenting a joint case with them at a hearing? Yes ☒ No ☐

Submission The submission points, reasons and decisions sought are set out in the attached document.

Note: Any attachments to your submission should only be supporting information, not the submission.

______22 November 2019 Signature of the person making submission or the person authorised to sign on behalf of the person making submission

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1. Introduction

Ngāti Te Whiti Whenua Topu Trust (the Trust) and Ngamotu Marae Reservation Reserve (the Reserve) own a number of pieces of coastal land that are subject to changes with zone and other provisions within Proposed District Plan (PDP).

These sites are as follows:

(a) 1 Bayly Road, (Legally described as: 506160 (known as the Urupa), 764202 (known as Moturoa Lot 1, 2 and 4 blocks) owned by the Trust and TNK2/399 (known as Moturoa Lot 3 block) owned by the Reserve. The property is located on the corner of Bayly Road and Ocean View Parade and includes a wahi tapu/urupa.

(b) 70 St Aubyn Street (Legally described as Lot 1 DP 17494) owned by the Trust. The prop- erty is next to the wind wand and is currently leased to NPDC. It includes a public car park and a playground..

(c) 131 South Road (Legally described as: Part Section 6 Grey DIST, TN A1/1244) owned by the Trust. Rangiatea Campus, which is predominantly a site used for educational pur- poses.

This submission focuses on the PDP zone and provisions that have been proposed for each of these sites.

2. About Ngāti Te Whiti Whenua Topu Trust (the Trust)

This Trust was formed when the Bayly Road trust was terminated, and its assets and liabilities were transferred to the Land Trust (PALT). The PALT’s name was changed and a new Trust Order was created. This was achieved by the Maori Land Court making an order pursuant to the Te Ture Whenua Maori Act 1983 on the 21 February 2014.

The Trust is an entity separate from the Ngati Te Whiti Hapu Incorporated Society. However, the beneficiaries of both entities are the descendants from the Tipuna of Ngati Te Whiti. Because of this the two entities have an enduring relationship and work together on matters of mutual interest to both entities.

3. About the Ngamotu Marae Reservation Reserve (the Reserve)

This Reserve was formed by a Maori Land Court Order 325 AOT 17-23 whereby part of the land (7527 square metres more or less) in Lot 1 DP 18771, now known as Moturoa Lot 3 block, was set aside as a Maori Reservation to be known as Ngamotu Marae Reservation Reserve.

This was done pursuant to section 338(1) (a) of the Te Ture Whenua Maori Act 1993.

The Maori Reservation now known as Ngamotu Marae Reservation Reserve was set aside for the purpose of a marae for the common use and benefit of Ngati Te Whiti Hapu1.

1 Hapu land in this document is land that is owned for the benefit of the descendants of Ngati Te Whiti Hapu

Page | 2 4. The Marae Resource Consent and Other Activities

Ngāti Te Whiti Hapū have a resource consent for the construction of a new 1,182m2 marae to include a wharekai and wharenui to be constructed on the land known as Moturoa Lot 3 block.

This submission seeks to enable this consented marae and other activities/development on hapū land that will provide for future generations.

5. Overview of Submission

1 Bayly Road Property

The Trust supports the Council’s (NPDC) inclusion of a portion of hapū land within record of title 506160 and 764202 as MPZ. However, a significant area of hapū owned land, located further to the west and east that is held within record of title TNK2/399 (764202) has been zoned in the PDP as ‘Open Space Zone’. The Trust is of the view that the Open Space Zoning of land in TNK2/399 does not provide for the cultural, social, environmental or economic growth of Ngāti Te Whiti hapū. The Trust have aspirations to provide housing and economic opportunities for their people, while still protecting the cultural significance of the sites.

The Trust also seeks to establish an /Hapu Development Plan as part of this plan review process, and to suggest amendments to provisions that comprise the MPZ zone.

The broad reasons for this submission seeking a different zone and introducing the iwi/hapu development plan are as follows:

The Open Space Zoning of the surrounding land parcels does not provide for activities and development aspirations of Ngāti Te Whiti hapu. The Trust have aspirations to provide papākainga housing and economic opportunities for their beneficial owners. It was highlighted in the Section 32 analysis that it is “important to ensure that Tangata Whenua have the flexibility to develop Māori land, in accordance with mātauranga, kawa and tikanga, to achieve social, cultural, economic and/or environmental outcomes, while ensuring appropriate health, safety and amenity standards are met.” The Open Space Zone does not adequately provide for this.

It is important for the hapu to have the ability to develop an appropriate commercial area, for the self- sufficiency of the site as a whole. Financially, it is more efficient to establish and maintain the marae when there is an income stream from integration of commercial / retail / business activities on the same site.

It was highlighted in the PDP that through iwi consultation that additional tools are required to fully implement and provide for Māori Purpose Activities in the district. The PDP introduces the ability to establish and utilise iwi/hapu development plans in a way that promotes comprehensive, co-ordinated and efficient development. While this is supported, it is not clear how NPDC envisage this to be given effect to. This submission seeks the inclusion of the Trust’s Iwi/Hapu Development Plan.

The iwi/hapū development plan is to include the consented marae development, a general layout of papakainga housing and a retail/commercial area. The Plan also includes an indicative road layout and provision for onsite parking. The development plan would not only provide for the social, cultural, environmental and economic needs of the hapū, but also protect the existing natural character and cultural significance of the land.

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The objectives and policies should be reflective of what the zone aims to achieve. The MPZ does not set out a site coverage standard for development. This should therefore be removed from Policy 4.

70 St Aubyn Street Property

This piece of land is occupied by a car park directly opposite Egmont Street, a children’s playground adjoining Regina Place and pedestrian walkway connections that link the car park and playground with the coastal walkway. The property also has a relatively large area of lawn that is often used for markets, car rallies etc.

The PDP includes this property within the ‘City Centre Zone’ which provides for a range of retail and business activities.

131 South Road Property

This piece of land is predominantly used for education purposes. It is occupied by Te Wānanga O Aotearoa Rangiātea (New Plymouth) Campus, which is primarily a tertiary education provider. The campus offers a wide range of programmes in Te Ara Reo Maori, Social Services, Computing, Business and Raranga. Kaupapa - Maori focus. The site also includes a Kura Kaupapa Maori, an Oral Health Unit and a Kohanga Reo.

The PDP includes this property as ‘General Residential Zone. 6. The Detailed Submission

Table 1 and 2 attached sets out the submitter’s detailed submission. It specifically details the provi- sions that the submission relates to, the reasons for the submission, and the relief sought. The pro- posed iwi/hapu development plan is also included attached.

7. Overall Conclusion

The Trustees2 are generally in support of the NPDC’s PDP. However, it is their wish, to further provide for the development of Māori freehold land and to align with Sections 5, 6 7 and 8 of the Resource Management Act (RMA) and the principles of Te Tiriti o Waitangi. The Te Atiawa, draft Environmental Management Plan (Tai Whenua, Tai Tangata, Tai) also seeks outcomes that are consistent with a com- prehensive zoning of hapū land on the Bayly Road site as MPZ.

The development of their property on Bayly Road will inevitably become an asset for the city of New Plymouth. There is potential to reinforce linkages between the CBD, Puke Ariki and the Bayly Road site making use of the coastal walkway. There is potential for a historical/cultural walk to be created that connects to the coastal walkway, directing visitors through the Maori Purpose Zone.

The Trustees seek that the relief sought within this submission is adopted. The acceptance of the Trust’s position would provide certainty for the Trust and the Reserve around protection and promo- tion of Rangatiratanga Kaitiakitanga, Ūkaipōtanga and Kotahitanga.

2 The Trustees of the Ngati Te Whiti Whenua Topu Trust and the Ngamotu Marae Reservation

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TABLE 1: DETAILED SUBMISSION OVERVIEW ASSESSMENT OF PROPOSED DISTRICT PLAN PROVISIONS – LAND OF SPECIFIC INTEREST

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SUPPORT SOUGHT Planning Map Oppose in part The Trust seek that the three records of title Zone records of title owned by hapu are zoned ‘Special Purpose – include 506160, Maori Purpose Zone’ (MPZ). These records of 764202 and title include 506160, 764202 and TNK2/399, as TNK2/399 as outlined in yellow in the planning map included. “Special Purpose – The Open Space Zone for TNK2/399 is opposed. Maori Purpose Zone”.

The development and use of the Trust’s site needs to be sustainable and financially self- sufficient. This is proposed to be through the development of an area of the site for the likes of commercial / retail / service activities. It is therefore supported that the MPZ provides for such activities with its current provisions as drafted. Support in part The Trust supports the “City Centre Zone” but Retain the zone as raises concern with requirements in the City proposed. However, Centre Design Guide and whether they are the Trust seeks that applicable for a unique coastal property, such as relevance of the this. design guide is considered in relation to this property, on whether the rules/standards within the guideline are

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SUPPORT SOUGHT appropriate for this unique property.

Support in part The Trust supports the General Residential Zone, Retain zone as but seeks to ensure that the range of activities proposed. currently existing onsite are provided for in the future within the specified activity status framework.

TABLE 2: DETAILED SUBMISSION OVERVIEW ASSESSMENT OF PROPOSED DISTRICT PLAN PROVISIONS

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT Part 1: Introduction and General Provisions Interpretation: Definitions TEMPORARY ACTIVITY Support in part Temporary Activities do not Clarification is sought with means any short term event that is primarily held provide for any customary respect to tangi activities. The outdoors, and any buildings and structures associated māori activities, e.g. tangi. submitter seeks that there are with that event, that is intended to have a limited no resource consent duration that creates no, or only negligible, lasting It is unclear whether requirements for tangi activities. alteration or disturbance to any site, building or parking/vehicle movement vegetation. standards apply.

It includes:

1. An event such as a gala, a festival, a market or an outdoor music event, or 2. Any short-term filming activities.

It does not include:

1. the use of motorised sporting equipment for the purpose of motorsport, or 2. Temporary military training activities, or 3. funerals or tangi, or 4. community facilities. MĀORI PURPOSE ACTIVITIES Support in part The definition has captured a Amend the definition to include broad array of activities that provision for health care and means the use of land and/or buildings for a range of would be anticipated within this commercial/retail related activities for Māori cultural, community and living zone. activities.

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT purposes, and/or integrated Māori development, including but not limited to one or more of the following However, it needs to include activities: some provision for health care and commercial/retail related • marae/pā; activities. • papakāinga; • urupā; • wānanga; • customary activities; • home occupation; • arts and cultural centres; • cultural education and research facilities; • Māori cultural activities; • child care services, kohanga reo or kura (schools); and • whare karakia (Māori church). Part 2: District-wide Matters Strategic Direction TW-8: Tangata whenua actively participate in resource Support The Trust supports inclusion in Retain as drafted. management processes. resource management processes. TW-9: Recognise that only tangata whenua can Support The Trust support the wording Retain as drafted. identify impacts on their relationship with their culture, as drafted. traditions, ancestral lands, waterbodies, sites, areas and landscapes and other taonga of significance to Māori. TW-10: Tangata whenua are able to protect, develop Support This provision underpins the Retain as drafted. and use Māori land in a way which is consistent with majority of this submission which seeks relief in terms of land owned by hapu. The PDP

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT their culture and traditions and their social and should enable protection, economic aspirations. development and use of Maori land. TW-11: Provide for the relationship of tangata whenua Support This provision is supported as Retain as drafted. with their culture, traditions, ancestral lands, it recognises that Maori land is waterbodies, sites, areas and landscapes and other not an isolated entity and that it taonga of significance to Māori. has strong relationships between surrounding landscapes and waterbodies. TW-12: Recognise the contribution that tangata Support Ngati te Whiti are a proud hapu Retain as drafted. whenua and their relationship with their culture, and wish to reinforce their traditions, ancestral lands, waterbodies, sites, areas tribal identify in Moturoa and landscapes, and other taonga of significance through development of their make to the district's identity and sense of belonging. land at 1 Bayly Road as a Maori Purpose Zone. Energy, Infrastructure and Transport TRAN - Transport TRAN – Table 1 – High Trip Generator Thresholds Amend Clarity sought over whether Amend as follows. this includes papakainga Residential activities or subdivision activities – housing. Residential activities (excluding enabling in excess of 20 dwellings or creating 20 papakainga housing) or allotments. subdivision activities – enabling in excess of 20 dwellings or creating 20 allotments.

TRAN – Table 1 – High Trip Generator Thresholds Support in part Clarity is sought with respect to Clarification and amendments tangi activities on whether provided to address issues 20. Any activity, including activities 1-19 listed above. clause 20 would be triggered raised. This includes vehicle movements associated with or not? construction

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT

Exceeding 200 Vehicle movements per day Parking Oppose in part The provision needs to clarify Clarity around the how TRAN-S8 – Minimum number of on-site vehicle whether papakainga is papakainga and parking is dealt parking spaces considered to be a ‘residential with is sought. activity’ or not. Community and recreation facilities Marae: 1 space per 25m2

Historic and Cultural Values SASM - Sites and Areas of Significance to Māori SASM – R1: Land disturbance on a scheduled site Oppose The Trust seeks that Maori Amend the rules to address or are of significance to Maori Purpose Zone land is exempt issues raised. from having to meet this rule. Activity status: PER Where: As drafted any earthworks on the 1 Bayly Road site is going 1. the land disturbance is for: to require a resource consent a. the installation of fence posts, provided the given the extent of the urupa area, extent and/or volume of land disturbed is (site of significance to Māori.) limited to that which is necessary to maintain an existing fence along its existing alignment and does not involve the installation or digging of new post holes; and/or b. grazing of livestock.

Activity status where compliance not achieved: DIS SASM – R5-7 Oppose The Trust seeks that Maori Amend the rules to address Purpose Zone land is exempt issues raised. Activity status: PER from having to meet this rule.

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT 1. no part of the structure is located on a Any building on the 1 Bayly scheduled site or area of significance to Māori; Road site is going to require a and resource consent given the 2. the building or structure does not exceed 10m extent of the urupa (site of in height or the maximum height permitted in significance to Māori). the underlying zone, whichever is the lesser; and 3. all underlying zone Effects Standards are complied with.

This rule does not apply to:

The replacement of and the erection of new poles for overhead lines. SASM-R8 Oppose The Trust seeks that Maori Amend the rules to address Purpose Zone land is exempt issues raised. Earthworks on or within 50m of a scheduled site or from having to meet this rule. area of significance to Māori, including earthworks associated with the clearance of trees and the erection Any earthworks on this site are of new structures, but excluding land disturbance going to require a resource provided for by SASM-R1 and earthworks associated consent given the extent of the with the maintenance and repair or upgrading of a urupa (site of significance to network utility provided for by SASM-R4. Māori.)

Activity Status: DIS SASM-R8: Earthworks on or within 50m of a Oppose in part It is submitted that the Amended the rule wording as scheduled site or area of significance to Māori, earthworks in proximity to a drafted to exclude earthworks including earthworks associated with the clearance of ‘scheduled site or area of on Maori Purpose Zone trees and the erection of new structures, but excluding significance to Māori’ should properties, and to add hyperlink land disturbance provided for by SASM-R1 and have an exclusion in relation to to ‘site or area of significance to earthworks associated with the maintenance and the Maori Purpose Zone. A Māori’: resource consent will not be

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT repair or upgrading of a network utility provided for by required to manage SASM-R8: Earthworks on or SASM-R4. earthworks, as iwi/hapu how within 50m of a scheduled site hold mana whenua will be able or area of significance to Māori, to manage the development. including earthworks associated with the clearance of trees and Inclusion of a hyperlink to ‘site’ the erection of new structures, creates uncertainty in rule but excluding land disturbance interpretation - the definition of provided for by SASM-R1, and ‘site’ essentially defaults to title these specified activities taking boundaries whereas there is a place on Maori Purpose Zone specific definition of ‘site and land and earthworks associated area of significance to Māori’ in with the maintenance and the PDP. Inclusion of a repair or upgrading of a network hyperlink to the definition of utility provided for by SASM-R4 ‘site and area of significance to Māori’ would avoid any confusion when interpreting the rule.

VIEWS – Viewshafts

VIEWS-01: Viewshafts from public places to Mount Support Viewshafts towards Moturoa Retain as drafted. , the sea, Nga Motu/ and Island are specifically identified significant landmarks that provide a strong sense of as being a significant. The place and identity are recognised and maintained. submission relief sought below aligns with this, in that it provides for culturally significant viewshafts towards the ocean and Moturoa Island.

VIEWS-P1: Identify, schedule and map important Support The Trust supports inclusions That three specific viewshafts viewshafts from public places to , the of new viewshafts, that were be included in the PDP, that sea, Nga Motu/Sugar Loaf Islands and significant identified within the master protect views towards the

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT landmarks which provide urban coherence and planning of the Marae ocean which are a strong part amenity values, including viewshafts from/to: development in 2016. The of the cultural landscape for the viewshafts sought are Maori Purpose Zone. 1. Airport Drive; identified on the ‘iwi/hapu 2. Belt Road; development plan’ attached. 3. Brougham Street; 4. Cameron Street; Amend policy to include 5. Churchill Heights; additional viewshafts (as shown 6. Cutfield Road; in the iwi/hapu development 7. Dixon Street; plan): 8. Egmont Street; 9. Gover Street; 19. Marae to Moturoa Island 10. Liardet Street; 11. Messenger Terrace; 20. Maori Purpose Zone to 12. Molesworth Street; Ocean from Papakainga 13. Papawhero/Mount Moturoa; area 14. Pūkākā/Marsland Hill; 15. Queen Street; 21. Maori Purpose Zone to 16. Racecourse; Ocean from Papakainga 17. ; and area 18. Victoria Road.

General District-wide Matters EW - Earthworks EW-R10: Earthworks for building activities Oppose in part By restricting the total area of Amend rule to provide the earthworks to 250m2 it does following: Activity status: PER not take into account larger houses/buildings. The size of Delete standard 3. Where:

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT buildings should be restricted OR 1. the building activity is authorised by a building by the Zone standards. consent; and Replace with volume standard, 2. the earthworks are not for the purpose of It would make more sense to e.g. 250m3 as per Rule 12. constructing a driveway, right of way or limit the volume to provide for accessway; and foundation works as a 3. the total earthworks area does not exceed permitted activity. 250m2; and 4. all Earthworks Effects Standards are complied with. NOISE - Noise NOISE-O3: New activities that are sensitive to noise Support in part The Trust supports the general Retain as drafted. are designed and/or located to minimise conflict and intent of the objective as reverse sensitivity effects. drafted but notes that often reverse sensitivity effects can be avoided and mitigated by good design.

NOISE-S1: Maximum noise levels - zone specific Oppose in part The noise limits are Amend as follows: conservative. By restricting the (2) Māori Purpose Zone; Rural Production Zone; noise levels on the site at any Noise generated by any activity Rural Lifestyle Zone; Future Urban Zone point, it does not allow for shall not exceed the following general domestic activities – noise limits at any point within 1. Noise generated by any activity shall not exceed like lawn mowing, house the notional boundary of any the following noise limits at any point within the maintenance, talking etc. noise sensitive activity on any boundary of any other Rural Production Zone site: other site in the Rural Looks to only be missing an Production Zone and at any a. All times – 55 dB LAeq(15 min). ‘other’. point within any other site in the Rural Lifestyle Zone, Māori 2. Noise generated by any activity shall not exceed Purpose Zone, Future Urban the following noise limits at any point within the Zone and/or any Residential notional boundary of any noise sensitive activity on Zone:

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT any other site in the Rural Production Zone and at any point within any site in the Rural Lifestyle e. 7am to 7pm – 50 dB Zone, Māori Purpose Zone, Future Urban Zone LAeq(15 min). and/or any Residential Zone: f. 7pm to 10pm – 45 dB LAeq (15 min). a. 7am to 7pm – 50 dB LAeq(15 min). g. 10pm to 7am – 40 dB b. 7pm to 10pm – 45 dB LAeq (15 min). LAeq (15min) c. 10pm to 7am – 40 dB LAeq (15min) h. 10-m to 7am - 70 dB d. 10-m to 7am - 70 dB LAmax. LAmax.

(8) Major Facility Zone; Hospital Zone

1. Noise generated by any activity shall not exceed the following noise limits at any point within any other site in the Major Facility Zone and/or Hospital Zone:

a. 70dB LAeq(15 min); b. 80dB LAmax.

2. Noise generated by any activity shall not exceed the following noise limits at any point within the boundary of any site in the Residential Zone, Rural Production Zone, Rural Lifestyle Zone, Future Urban Zone and/or Māori Purpose Zone:

a. 7am to 7pm – 55dB LAeq(15 min); b. 7pm to 10pm – 50dB LAeq (15 min); c. 10pm to 7am – 45dB LAeq (15min); d. 10pm to 7am – 75dB LAmax.

3. If a particular site in the Major Facility Zone has a precinct in the Major Facility Zone Precincts that

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT applies noise limits within that specific precinct, those noise limits shall apply. TEMP – Temporary Activities

Temp-R1 – Operation of a temporary activity Support in part Maori cultural activities are a Retain as drafted. listed permitted activity. This Activity status: PER provides for “activities undertaken by or associated Where: with whanau, hapu or iwi that are in accordance with tikanga, 1. any temporary buildings and/or structures including ceremonial, ritual, associated with the event comply with the transferring marking areas or minimum building setbacks for the underlying boundaries, or recreational zone; activities”. As a result, it is 2. the event complies with the following General unlikely that the temporary District-Wide Matters rules: activities standard would need to be used for the Maori Purpose a. TEMP-S1 Requirements for traffic generation Zone. for temporary activities; b. NOISE-R4 Emission of noise from a temporary activity c. LIGHT-R1 Emission of artificial light; d. SIGN-R3 Temporary signs; 3. the duration of the event (excluding set up and take down periods) does not exceed three consecutive days; and 4. the event takes place between the hours of 8am and 10:30pm;

Note:

When the activity does not comply with one or more of the rules or standards under one or more of the

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT General District-Wide Matters rules referred to in TEMP-R1(1)(2) above, resource consent will be required under that rule(s), and under TEMP-R1(1) for the non-compliance with TEMP-R1(1)(2) above. TEMP-S1: Requirements for traffic generation Support Retain as drafted. associated with temporary activities

Any temporary activity shall not exceed 5,000 people per day Part 3: Area Specific Matters Special Purpose Zones - MPZ – Maori Purpose Zone MPZ – Maori Purpose Zone Oppose in part Support the Zone provisions Rezone land at 1 Bayly Road to but not the extent. MPZ as opposed to Open Space. The extent of the Zone does not take into account Ngati Te Whiti’s aspirations for papakainga housing and potential retail/commercial activities.

Overview (in part) Oppose in part The provisions for retail / Amend Overview: business / commercial Other activities that support and/or are complementary activities is supported, Other activities that support with Māori Purpose Activities are anticipated in this however it is not defined which and/or are complementary with zone, such as small scale offices and general retail activities are or are not Māori Purpose Activities are activities. complementary to Maori anticipated in this zone, such as Purpose Activities. small scale offices and general retail activities. MPZ-P4 – Kaitiakitanga Oppose in part There is no site coverage MPZ-P4 standard listed in the Zone MPZ-P4

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT Maintain the character and Maintain the character and amenity of the Māori amenity of the Māori Purpose Purpose Zone by controlling the effects of: Zone by controlling the effects of: 1. building bulk, scale, height and location; 2. site coverage; 1. building bulk, scale, 3. noise, light overspill, traffic effects and signage; height and location; 4. construction work; and 2. site coverage; 5. earthworks. 3. noise, light overspill, traffic effects and signage; 4. construction work; and 5. earthworks. MPZ-R22 – Building activities on sites for which an iwi Support The Trust supports a permitted Retain as drafted. or hapu development plan applies activity status for developments that are in Activity status: PER accordance with an iwi or hapu development plan. Where:

1. The activity is in accordance with an iwi or hapu development plan PORTZ – Port Zone

Objectives Support in part The Trust recognises the That the objectives importance of acknowledge the cultural PORTZ-O1: Port Taranaki is a regionally and and the contribution is makes importance of the port area. nationally important port and the contribution it makes to the local economy. to the economic and social well-being of the district, However, this need to be region and nation is recognised. managed to provide for cultural values and significant PORTZ-O2: Port Taranaki's special operational and viewshafts out to Nga Motu functional needs are provided for, while ensuring the

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT adverse environmental effects of activities undertaken and generally towards the at the Port are avoided, remedied or mitigated. ocean from hapu owned land.

PORTZ-O3: The safe and efficient operation, maintenance and repair or upgrading of Port Taranaki is not constrained or compromised by other activities. Policies Support in part The Trust supports the The policies acknowledge and acknowledgement of ‘Maori manage future built PORTZ-P1 through to POTRZ-P12 (inclusive). purpose activities being environment within the port potentially compatible. The zone to avoid adverse effects effects related to new on culturally significant views to structures need to be managed Nga Motu and generally out to to avoid enclosing the property sea. owned by the Trust at 1 Bayly Road. Views towards significant cultural features must be retained.

PREC10-S1: Maximum structure height (excludes Oppose in part. The Trust seeks that culturally shipping containers and cranes) significant viewshafts as identified are not impacted by 1. Port Operational Area A: 20m. the proposed port zone height 2. Port Operational Area B: 16m. rules. 3. Port Operational Area C: 8m. 4. Port Industry Area D: 12m. 5. Mixed Use Port Area E: 12m. 6. Ngā Motu Beach Area F: 7m.

This standard does not apply to:

1. Antennas, aerials, satellite dishes (less than 1m in diameter), chimneys, flues and flag poles

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT provided these do not exceed the height limit by more than 5m measured vertically. 2. Solar panels and solar water heaters provided these do not exceed the height limit by more than 0.50m measured vertically. Refer ENGY- S3;

Part 4: Appendices and Schedules Support in part Introduce the Ngati Te Whiti Insert Ngati Te Whiti Iwi/Hapu iwi/hapu development plan. Development Plan. See plan This will allow Council to attached. consider the aspirations of Ngati Te Whiti and provide the hapu with some certainty around the future development of the sites. This is to be read

PROPOSED DISTRICT PLAN PROVISION OPPOSE / SUBMISSION / REASONS RELIEF / DECISION SOUGHT SUPPORT in conjunction with the rezoning.