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IN the MATTER of Various Appeals to the Proposed Hamilton City District Plan Under Clause 14 of the First Schedule of the Resource Management Act 1991 (The Act) 1

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IN the MATTER of Various Appeals to the Proposed Hamilton City District Plan Under Clause 14 of the First Schedule of the Resource Management Act 1991 (The Act) 1 IN THE MATTER of various appeals to the Proposed Hamilton City District Plan under clause 14 of the First Schedule of the Resource Management Act 1991 (the Act) 1 BEFORE THE ENVIRONMENT COURT Court: Environment Judge M Harland, in Chambers, on the papers Date: 14 July 2015 SIXTH CASE MANAGEMENT MINUTE 2 Introduction [1] Between 29 July 2014 and 4 September 2014, forty-five (45) appeals were filed in respect of various provisions contained in the Hamilton City Proposed District Plan ("PDP"). Thirty-four (34) appeals are extant. Four appeals have been withdrawn,2 and seven appeals have been resolved in their entirety. Consent orders have been made by the Court in relation to the appeals that have been resolved.3 This Minute addresses the extant appeals and records the further directions needed to progress them. Reporting Memorandum [2] In its Fifth Case Management Minute the Court directed that the respondent file and serve a comprehensive reporting memorandum by 6 July 2015, which it has done. [3] The process to progress the appeals is part way through Stage 2, with a number of Court-assisted mediations having occurred and further mediations scheduled to occur by 5 August 2015. There are two topics which need to be included in the 21 July 2015 session and these are outlined below. As well, the memorandum has identified topics where a second and final Court-assisted mediation is considered to be appropriate. [4] The respondent has identified those appeals or topics for which consent documentation need to be prepared, circulated and filed with the Court. Counsel for the respondent seeks further time to prepare and file the relevant consent documentation. There are also three appeals which require aspects of the agreements reached to be clarified. 2 ENV-2014-AKL-000137 Goan Holdings Limited & Dixon Homes Limited v Hamilton City Council, ENV-2014-AKL-000158 The Roman Catholic Bishop of the Diocese of Hamilton v Hamilton City Council, ENV-2014-AKL-000180 Baruchel Developments Limited v Hamilton City Council, and ENV-2014-AKL-000183 Gilbass Developments Limited v Hamilton City Council. 3 ENV-20 14-AKL-000 140 WeI Networks Limited v Hamilton City Council, ENV-2014-AKL-000150 ;",;";"'~~~L"OF ~. Rotokauri Development Limited v Hamilton City Council, ENV-2014-AKL-000163 The Oil /."::}(',.::;~ __ /J~ Companies v Hamilton City Council, ENV-2014-AKL-000167 Waikato Regional Council v Hamilton / '/ ,', ~ City Council, ENV-2014-AKL-000172 Bird v Hamilton City Council, ENV-20 14-AKL-000 174 / " (;\:' , ":',J Claudelands Property Trust v Hamilton City Council, and ENV-2014-AKL-000182 Transpower New i ';~! ( I,: ~ " '<J ~ Zealand Limited v Hamilton City Council. \\"~:f>"", " '/> \(.y~ \~:t:.'vtC(~~i-I':;=~ \:~;~~I Hamilton City PDP (6CMM) -"'~".,~, <~~~;.~,/4 3 [5] The respondent has also identified those appeals and/or topics which are likely to require hearing time in the latter part of2015 and in the first quarter of2016. [6] Directions have been sought to advance all of the above matters. Directions: appeals which require agreements to be clarified [7] The three appeals that require aspects of the agreements reached to be clarified are now set out. ENV-2014-AKL-000181 Highview Properties Limited v Hamilton City Council­ Comprehensive Development Plan provisions [8] On 24 June 2014 counsel for the respondent filed consent documents that will resolve this appeal in its entirety. The Court (with reference to Judge Borthwick's decision in Queenstown Airport Corporation Ltd v Queenstown Lakes District Council [2014] NZEnvC 93) has asked counsel for the respondent to confirm whether the use of Comprehensive Development Plans ("CPDs") has been considered by the parties. Counsel for the respondent is in the process of reviewing the CPD provisions in the PDP. [9] Counsel for the respondent is to confirm its position with the Court regarding the Comprehensive Development Plan provisions in the PDP by 5.00pm 20 July 2015. ENV-2014-AKL-000142 The Waikato Community Trust Incorporated v Hamilton City Council- scope issue [10] The parties are currently exploring a proposal which, if agreed, would resolve the appeal. Counsel for the respondent has advised the Court that a key component of the proposal being explored by the parties is outside the scope of the appeal. Accordingly, if the parties reach agreement, s293 considerations will arise, and a short hearing will be required in November 2015. [11] Counsel for the respondent is to file a separate memorandum, by 5.00pm on 31 July 2015 which sets out the issues about scope in relation to the settlement proposal agreed by the parties and the proposed process to address any such 4 ENV-2014-AKL-000179 Riverside Oak Estate Limited & Findlay v Hamilton City Council [12] This appeal covers a number of topics; however one area of relief sought is in relation to Chapter 24 - Financial Contributions. Agreement was reached on this aspect of the appeal at Court-assisted mediation, and the appellant agreed to formally advise the Court that the relief sought in relation to Chapter 24 - Financial Contributions would not be pursued. The Court has not yet received such advice. The respondent considers the remaining areas of the appeal should be set down for hearing in November 2015. [13] Mr Findlay is, by 5.00pm 20 July 2015, to confirm for the Court whether the relief sought to Chapter 24 - Financial Contributions in this appeal will be pursued. Directions: further mediation [14] The following matters are to be included in the Court-assisted mediation of the appeal (ENV-2014-AKL-000169 Property Council New Zealand v Hamilton City Council) scheduled for 21 July 2015: (a) ENV-2014-313-000057 Hamilton City PDP - Subdivision (Chapter 23) - Subdivision Provisions; (b) ENV-2014-313-000058 Hamilton City PDP - Subdivision (Chapter 23) - Definitions (boundary adjustment and boundary relocation). [15] The following topics/appeals are to be set down for Court-assisted mediation between 15 - 17 September 2015: (a) ENV-2015-313-000023 Hamilton City PDP - Supermarkets; (b) ENV-2014-313-000034 Hamilton City PDP - Structure Plans (Chapter 3 and Appendix 2) - Rotokauri Structure Plan; (c) ENV-2014-AKL-000143 Hamilton N Investments Limited & Hounsell Holdings Limited v Hamilton City Council 5 Directions: consent documentation [16] Consent documents to implement the settlements that have been reached to date, and which may be reached during the course of the Court-assisted mediations and independent negotiations that are to occur in July and August 2015, are to be circulated, where possible, by 31 July 2015. Any signed consent documentation is to be filed with the Court by 5.00pm 31 August 2015. Directions: pre-hearing conference and hearing dates [17] The respondent is to file and serve a further reporting memorandum by 6 August 2015, in advance of the Pre-Hearing Conference on 7 August 2015. The purpose of the further reporting memorandum is to: (a) identify those matters that have settled and do not require hearing time; (b) confirm which matters may be most efficiently progressed by way of Court-assisted mediation in September 2015; (c) propose an evidence exchange timetable (including any expert conferencing) and detail the estimated hearing time required for each of those matters which require hearing time in November 2015; (d) confirm and/or identify those matters which remain outstanding and are of sufficient complexity and strategic significance to the Council to be assigned hearing time in the first quarter of 2016. Where possible the memorandum shall include proposed dates for the filing of separate memoranda addressing all pre-hearing matters. [18] A Pre-Hearing Conference will be held on Friday 7 August 2015, in Hamilton, to discuss those matters that remain unresolved. A Notice of Pre-Hearing Conference is attached to this Minute. [19] The following appeals are to be set down for hearing in the weeks of 2 & 9 November 2015: (a) ENV-2014-AKL-000179 Riverside Oak Estate Limited & Findlay v Hamilton City Council; Hamilton City PDP (6CMM) 6 (b) ENV-2014-AKL-000176 Parkwood Trade Centre Limited v Hamilton City Council; (c) ENV-2014-AKL-000157 The Church of Jesus Christ ofLatter Day Saints Trust Board v Hamilton City Council - insofar as it relates to the issue of scope and in the event that a short hearing is required to address the proposed amendments sought under s293 of the Act; (d) ENV-2014-AKL-000142 The Waikato Community Trust Incorporated v Hamilton City Council. [20] Additional hearing time will be set aside in the first quarter of 2016 for the purposes of hearing the following appeals: (a) ENV-2014-AKL-000144 A & A King Family Trust v Hamilton City Council; (b) ENV-2014-AKL-000148 Body Corporate 550337 v Hamilton City Council. Timetable directions in relation to these appeals are to be made at the Pre-Hearing Conference on 7 August 2015. SIGNED at AUCKLAND this 14th day of July 2015 MHarland Environment Judge Hamilton City PDP (6CMM) Annexure 1 Appellants Goan Holdings Limited & Dixon Homes Limited ENV-2014-AKL-000137 Wei Networks Limited ENV-2014-AKL-000140 The Waikato Community Trust Incorporated ENV-2014-AKL-000142 Hamilton JV Investments Limited & Hounsell Holdings Limited ENV-2014-AKL-000143 A & A King Family Trust ENV-2014-AKL-000144 Porter Developments Limited & others ENV -2014-AKL -000145 Chedworth Properties Limited ENV -2014-AKL-000146 Tainui Group Holdings Limited (Ruakura) ENV -2014-AKL -000147 Body Corporate 550337 ENV-2014-AKL-000148 Tainui Group Holdings Limited ENV-2014-AKL-000149 Rotokauri Development
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