New Plymouth District Council Proposed District Plan
Submissions on Archaeological Site/Site of Significance to Maori: 746
Background
1. This submission is being made on behalf of the liquidator of Hurlstone Earthmoving Ltd (in liquidation) (“ Hurlstone ”). Hurlstone is the registered proprietor of a 6,557 square meter section of land situated at 9 and 13 Cody Place, Waiwhakaiho, New Plymouth, the legal description of which is Lot 12, 14 Deposited Plan 360382 (“ Section ”). The Section is within a General Industrial Zone. A copy of the property report for the Section is attached .
2. The Section shares a boundary with 11 Cody Place which is currently home to the Katere Ki Te Moana Marae and has also been identified as containing the centre of a historic pa site, ID 746 (“ Pa Site ”). The proposed District Plan (“ Proposed Plan ”) identifies the Pa Site as both an Archaeological Site and a Site of Significance to Maori.
3. Based on a single 19th century surveying map, the Proposed Plan defines the area of the Pa Site as extending beyond the boundary of 11 Cody Place, onto Katere Scenic Reserve and onto the Section. Under the rules for Archaeological Sites and Sites of Significance to Maori under the Proposed Plan (“ Applicable Rules ”), this has a significant effect on the value of the Section and the ability for it be developed for the benefit of the local community within the existing Industrial Zone, and the wider district.
4. It is Hurlstone’s submission that there is insufficient evidence to indicate that the area of the Pa Site should extend onto the Section and there is justification for waiving the Applicable Rules so far as they would otherwise apply to the Section, to enable development of the Section to occur. This would of course be in consultation with the iwi who make use of the land on which the Pa Site is located.
Identification of the Pa Site
5. The Pa Site has been identified based on an Archaeological Association Site Record which consists of site inspection notes by Michael Taylor and a survey plan dated 1894. A copy of the Site Record is attached .
6. The site inspection notes by Michael Taylor are dated 18 July 2001 and are based on what he refers to as a “Brief visit to reserve, hill top not visited.” In his description of the details of the site, Mr Taylor refers to the site as being marked as “Mangone pa” on an 1894 survey plan and also being depicted in a painting which showed buildings and a palisade on the top of the hill. Mr Taylor reported that his visit to the reserve revealed scattered pieces of china and glass which were of 19 th century style.
7. There is no indication in his inspection notes that Mr Taylor identified anything of interest on or near the Section.
8. The survey plan referred to by Mr Taylor and contained in the Site Record is ML 684. The archaeologist currently engaged by the New Plymouth District Council, Daniel McCurdy, has informed us that this is a mistake and the correct surveying plan is SO 684. Both surveying plans appear to show the same details for the Pa Site which consists of the handwritten words “Mangone pa” and a number of small handwritten dots which we understand historically represented the location of buildings.
NEW PLYMOUTH DISTRICT COUNCIL PROPOSED DISTRICT PLAN.DOCX: - 2 -
9. As per the attached email and diagram, Mr McCurdy has advised us that the location of the Pa Site in the Proposed Plan has been determined by transposing the details from SO 684 to the current cadastral parcels, and that the area of the Pa Site in the Proposed Plan has been arrived at by drawing a perimeter to include all the handwritten features depicted in SO 684.
10. It is of concern that that the perimeter has been drawn to include not only the dots which are understood to have represent the historical location of buildings, but also the handwritten words “Mangone pa”. The Pa Site extends onto the Section in the Proposed Plan not because SO 684 indicates there where ever buildings on the Section, but because the word “pa” is written on the area of SO684 which represents the Section.
11. There is no documentary, or evidentiary, basis for extending the Pa Site onto the Section. It is submitted that the Pa Site should be redefined to include only the area on which SO684 indicates buildings were historically situated.
Applicable Rules under the Proposed Plan
12. The Section has been z oned as a general industrial area. In general, this would mean that the Section could be developed and structures erected on it for industrial purposes as a permitted activity.
13. Under rules SASM-R5, and HH-R14, a structure can only be erected as a discretionary activity where any part of it would be on the Pa Site. If the Pa Site extends onto the Section, as it currently does under the Proposed Plan, this will restrict the ability of Hurlstone to build on a significant part of the Section without gaining resource consent, which would not otherwise be required.
14. Even more significantly, under rules SASM-R8 and HH-R17, earthworks anywhere within 50m of the identified Pa Site, including earthworks associated with the erection of new structures, can only take place as a discretionary activity. As the area of the Pa Site is currently defined, this would effectively mean that no earthworks or building could take place anywhere on the Section without resource consent being obtained first. Even if the area of the Pa Site is re-defined as suggested in paragraph 11 above, the restrictions on earthworks within 50m of the site would mean that a significant part of the Section would still be affected.
15. Apart from the above, there are a number of other rules under the Proposed Plan that would have the effect of making it more difficult to develop the Section because of the Pa Site. These include rules SASM- R1 and HH-R10 relating to land disturbance, SASM-R2 and HH-R11 relating to demolition or removal of structures, SASM-R3 and HH-R12 relating to alterations of structures, SASM-R4 and HH-R13 relating to maintenance of structures, SASM-R6 and HH-R15 relating to additions to structures, SASM-R7 and HH-R16 relating to relocation of structures, and SASM-R9 and HH-R18 relating to subdivision.
Engagement with iwi
16. Contact was made with Glen Skipper of Ngati Tawhirikura in preparing these submissions. While no specific proposals were discussed, Mr Skipper indicated that the iwi may oppose any development of the Section which impacts on the outlook from the Katere Ki Te Moana Marae or adds to the industrial character of the area. This anti-development position, which is quite understandable from the iwi’s point of view, demonstrates the considerable difficulties, costs and delays which Hurlstone, or any subsequent owner, will likely face in obtaining any resource consent to develop the Section under the Proposed Plan.
NEW PLYMOUTH DISTRICT COUNCIL PROPOSED DISTRICT PLAN.DOCX: - 3 -
17. We also note that the Iwi have expressed interest in purchasing the Section and Hurlstone has indicated it is willing consider such a transaction. While this is a promising development, it does raise the prospect of a situation where it could be in the iwi’s interest to oppose development by other parties in order to drive down the value of the Section. We raise this on the basis that it is a relevant factor to be taken into account in considering all of the stakeholders’ interests. We are not suggesting that there has been, or is likely to be, any improper conduct.
Effects of the Proposed Plan
18. Currently the Section is unutilised wasteland. Given the cost, time and uncertain outcome involved in applying for a resource consent which is necessary to develop the Section, there is real chance that Hurlstone (or any successive owner) may decide that it is not able to develop the Section. This would be detrimental to the area and the growth requirements of the District which have been provided for in the Proposed Plan on the basis that all industrial zoned land is utilised for industrial purposes.
19. In addition, the effect of this on Hurlstone as a private land owner would be significant and unfair. The current rated value of the Section is $950,000 and the annual rates payable for 2020 are $17,729.90. This rating is based on industrial zoning and potential income which could made from the developed Section. However, as it currently stands, the Section produces no income and is a significant liability to Hurlstone, out of all proportion to the rating payments it has to make.
Conclusion
20. It is submitted that:
(a) the available evidence supports the Pa Site being limited to the area on 11 Cody Place, on which SO864 records there having been historic buildings; and
(b) It is in the interests of Hurlstone and the wider District that a waiver is granted, exempting the Section from any rule that would otherwise apply to it because of identification of the Pa Site as an Archaeological Site and Site of Significance to Maori.
______Georgina Grant / Luke Hawes-Gandar Solicitors for Hurlstone Earthmoving Ltd (in liquidation)
NEW PLYMOUTH DISTRICT COUNCIL PROPOSED DISTRICT PLAN.DOCX: Planning Snapshot - Proposed District Plan - Notified 22/11/2019
9 Cody Place, WAIWHAKAIHO, NEW PLYMOUTH Property ID: 101913 Legal Desc: LOTS 12 & 14 DP 360382
Aerial View Map District Plan Map
Proposed District Plan More information about the rules that apply to these developments, and details of other developments, are available at http://www.newplymouthnz.com
Zone Disclaimer: New Plymouth District Council has made every reasonable effort to provide complete and accurate information on the e-plan. However the Council does not guarantee; General Industrial Zone -That the information extracted when conducting a property search comprises all relevant information for the property (the Council recommends users read the full Proposed Digital District Plan or talk Roading Hierarchy to a Council planner); Name: Cody Place - That the planning map information gives the exact location of Type: Local Road features when viewed on the ground.
The Council accepts no responsibility or liability for the public's Volcanic Hazard Area subsequent use or misuse of any of the information in the e-plan.
Archaeological Site Extent Site ID: 746 Site Description: Pa Mana Whenua: Ngati Tawhirikura Silent File: No Verified: Yes
Site of Significance to Māori Extent Site ID: 746 Site Description: Pa Mana Whenua: Ngati Tawhirikura Silent File: No Verified: Yes Property
Rates Capital Value: 950000 Land Value: 950000 Rating Year: 2020 Annual Rates: 17772.9
Key Planning Controls
Structure Height (excl Buildings): 15m Building Height (for sites: Egmont Rd, SH3, railway lines & east General Industrial Zone boundary): RL37 datum level Building Height: 12m Side Boundary Setback: 8m Road Boundary Setback: 5m Setback from a Waterbody: 10m Permeable Surface Area: 20%
NEW ZEALAND ARCHAEOLOGICAL ASSOCIATION
NZAA SITE NUMBER: P19/263 Site Record Form SITE TYPE: Unclassified SITE NAME(s): Mangaone
DATE RECORDED:
SITE COORDINATES (NZTM) Easting: 1696812 Northing: 5677549 Source: CINZAS
IMPERIAL SITE NUMBER: METRIC SITE NUMBER: P19/263
Finding aids to the location of the site Recorded as located on hilltop south of Devon Road and the Katere Reserve.
Brief description Historic kainga. Findsite for 19th century bottles, scattered pieces of china and glass.
Recorded features Artefact - historic
Other sites associated with this site
Printed by: Russell Gibb 02/03/2011
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SITE RECORD HISTORY NZAA SITE NUMBER: P19/263
Site description
Condition of the site Part Katere Reserve, part privately owned.
Statement of condition
Current land use:
Threats:
SITE RECORD INVENTORY NZAA SITE NUMBER: P19/263
Printed by: Russell Gibb 02/03/2011
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Observations about this site made in
Author Year Title Publication Details
Supporting documentation held in ArchSite
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Printed by: Russell Gibb 02/03/2011
Page 5 of 5 Luke Hawes-Gandar
From: Daniel McCurdy
Saved: 0
Hi Luke
Yes the contour plan that they refer to is actually in relation to the nearby site 228 and thus is in the record for that site. I have attached that NZAA site plan, which has that contour plan at the back. Dr Alistair Buist's work is all in Puke Ariki museum (he was an archaeologist back in the day who recorded a large number of archaeological sites back in the 1960s and 70s) - I can track that all down for you, but it will take some time, longer than the window of the District Plan submission period unfortunately, due to other work commitments. So I recommend if your client has any concerns at all, that they make a submission on the plan change, which will ensure that the issue gets addressed.
The extent of the site is based on SO 684, georeferenced to modern cadastral parcels. The extent covers all of the features identified on the plan (which is the southern extent, including the text "Mangaone Pa"), as well as some areas to the north (away from your client's property) identified by iwi as being significant in relation to the site. I can send through a plan showing the georeferenced map if you need it - I just don't have a chance to do it tonight. I have attached a rough screen grab from my GIS for now which shows it:
1 Cheers,
Dan
-- Daniel McCurdy Senior Archaeologist, Geometria Ltd. 114A Govett Avenue | Frankleigh Park | New Plymouth | New Zealand | 4310 Phone +64 06 753 6013 | Mobile +64 021 568 669 | Email [email protected]
To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
On Thu, 14 Nov 2019 at 17:55, Luke Hawes-Gandar < [email protected] > wrote:
Hi Dan,
Thanks for your time on the phone and sending that through. Can you tell me how the scope of the site for the proposed plan has been identified? Is this just a certain circumference around the centre of the pa or is this an area that was identified by Mike Taylor?
I also see reference to the “Buist records” and an annotated contour plan. Do you know who I could talk to about trying to get any further information like that?
Thanks again
From: Daniel McCurdy [mailto: [email protected] ] Sent: Thursday, 14 November 2019 4:24 p.m.
2 To: Jo Ritchie < [email protected] >; Luke Hawes-Gandar < [email protected] > Subject: Re: FW: 9 Cody Place
Hi Luke
Thank you for your call just now. As discussed, I have attached the NZAA site record form for site 746, as well as the relevant survey plan. Note that the site record form incorrectly refers to ML 684 - it is actually SO 684, which I have attached.
As I noted on the phone, pretty much any development in that immediate area would require an authority from Heritage New Zealand Pouhere Taonga.
Please don't hesitate to get back in touch if you need any more information.
Kind regards,
Dan
--
Daniel McCurdy
Senior Archaeologist, Geometria Ltd.
114A Govett Avenue | Frankleigh Park | New Plymouth | New Zealand | 4310
Phone +64 06 753 6013 | Mobile +64 021 568 669 | Email [email protected]
To help protect you r priv acy, Microsoft Office prevented automatic download of this picture from the Internet.
3 On Thu, 14 Nov 2019 at 10:52, Jo Ritchie < [email protected] > wrote:
Hi Dan,
This email relates to Site #746 and the client’s industrial land right next door (to the south), which they want to potentially develop in the future. If you can provide me with the information I will forward it. I told him there may be a delay so if you c an’t get to it this week (or even the next) that’s fine. He will definitely make a submission on behalf of his client anyway.
Cheers
Jo
Jo Ritchie
Planning Adviser
New Plymouth District Council | Liardet St | Private Bag 2025 | New Plymouth 4342 | PHONE: 06 759 6060
www.newplymouthnz.com | Facebook | Twitter
From: Luke Hawes-Gandar [mailto: [email protected] ] Sent: Thursday, 14 November 2019 10:42 AM To: Jo Ritchie < [email protected] > Subject: 9 Cody Place
4 Hi Jo,
Thank you very much for your advice and time on the phone just now. As discussed I would really appreciate if you are able to provide me with the archaeological information on the site affecting this property.
Kind Regards
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