Plan Change 4 - Resolution via Consent Order from the Environment Court
A decision on Plan Change 4 has been issued via Consent Order from the Environment Court on 24 October 2018 after the parties through negotiations and mediation agreed to a way forward. Generally the consent order upholds the Commissioners decision in relation to land use activities (e.g. in the majority of instances excluding consent notice requirements, the removal of the need to comply with the NZ Fire Service Code of Practice at time of building), and introduces a new risk-based approach requiring applicants and the Council to consider fire hazard at the time of subdivision consent applications. The deadline for filing an appeal to the High Court is 14 November 2018. Subject to there being no appeals, a Council decision is required to adopt the plan change and this is scheduled for the Council meeting on 29 November 2018. Following adoption of the plan change by Council, the Council must follow the requirements for notification, including via public notice which must specify the date upon which the plan change will become fully operative, and be no less than 5 working days in advance of the plan change becoming fully operative.
It is anticipated that subject to no appeals being made on the plan change, it could become operative by late December 2018 or early 2019.
Kaipara District Council has prepared Plan Change 4 Fire Safety Rules (Land Use) to the Operative District Plan
Appeal on Plan Change 4
An appeal on Plan Change 4 was lodged by Fire and Emergency New Zealand (FENZ) on 22 February 2018.
A copy of the appeal can be found here
Any submitter or further submitter has the ability to join the appeal, if they wish, as a s274 party. This must be done in the prescribed form (Form 33
) and lodged with the Environment Court within 15 working days of the close of the appeal period. Form 33 also contains important advice on serving your s274 notice on all other parties. Any queries should be directed to the Environment Court.
Decision on Plan Change 4
The Resource Management Commissioners delegated by the Council under Section 34A(1) of the Resource Management Act 1991 to hear and make decisions, have made their decisions on Proposed Plan Change 4 (Fire Safety) to the operative Kaipara District Plan.
You can view the Decision here
The Public Notice was published in the Northern Advocate on 20 December 2017, and can be viewed here
A full Public Notice is available to view here
The submitters were notified on 20 December 2017, and a copy of the Decision has been served on all submitters.
Any person who made a submission may appeal the Decision, provided the appeal is in the prescribed form (Form 7
) and lodged with the Environment Court within 30 working days of service of Notice of the Decision.
The appeal period expired on 22 February 2018.
Hearing on Plan Change 4
The Hearing on Plan Change 4 will commence at 9.30am on Tuesday 15 August 2017 at 9.30am at Mangawhai Club, 219 Molesworth Drive, Mangawhai Heads. At this stage it is not known if all three days will be required.
The Hearing will be heard by three Independent Resource Management Act Commissioners that have been appointed to hear and make decisions on the plan change.
The submitters were notified by letter & email, where applicable, on 21 July 2017.
A copy of the Public Notice can be viewed here. The Public Notice will be published in the Mangawhai Focus on Monday 24 July, and the Kaipara Lifestyler on Tuesday 25 July.
The Council’s Section 42A Hearing Report is available here.
The Ministry for the Environment has produced an information booklet on Hearings which may be helpful.
The Summary of Submissions is now released with the further submission period being publicly notified on Friday 17 March 2017.
The further submission period has now closed.
The Summary of Submissions and a copy of the further submission public notice can be viewed by clicking on the links to the right. The original submissions have been annotated to show where the summaries were extracted from and these can also be viewed by clicking on the link to the right.
Land Use Rules
Plan Change 4 concerns changes to the Fire Safety Rules (Land Use) for buildings and structures in the Rural, Residential, Business (Commercial and Industrial) and the two Maori Purposes Zones of the District Plan, to remove the requirement to comply with the New Zealand Fire Service Firefighting Water Supplies Code of Practice SNZ PAS 4509:2008.
The Fire Safety Rules (Land Use) rules concerned are Rules 12.10.26; 13.10.26; 14.10.26; 15A.10.25; 15B.10.25 and 15A.10.3b(c).
Plan Change 4 proposes to retain references to the New Zealand Fire Service Firefighting Water Supplies Code of Practice SNZ PAS 4509:2008 in the subdivision rules in the Rural, Residential, Business (Commercial and Industrial) and one of the Maori Purposes Zones (only one provides for subdivision) of the District Plan. The retention of these references is open to submissions.
The subdivision rules concerned are Rules 12.15.4; 13.14.4; 14.13.4 and 15B.14.4.
New provisions to be added
Plan Change 4 proposes that an issue statement, a specific objective, three policies and an ‘other methods’ section be added to Chapter Two of the District Plan which address structural fires.
Plan Change 4 Fire Safety Rules (Land Use) was publicly notified on Friday 14 October 2016.
The submission period has now closed.
Purpose and Scope of Plan Change 4 Fire Safety Rules (Land Use) – Summary Extract document from Section 32 Evaluation Report
View Summary Extract document by clicking the link on right.
Proposed Plan Change 4 Fire Safety Rules (Land Use) Section 32 Evaluation Report
and its supporting Appendices can be viewed by clicking the links on right.
Appendix 1: PC 2 Fire Rule - Summary for Notification Dec 2014 (includes Section 32 Evaluation Report for Plan Change 2)
Appendix 2: The New Zealand Fire Service Firefighting Water Supplies Code of Practice SNZ PAS 4509:2008
Appendix 3: Reticulated Water Supply Maps from Annual Plan 2016/2017
Appendix 4: KDC Structure Fires OIA Report 2016.06.23 and No Fatalities Letter (Information from NZFS)
Appendix 5: Report on KDC Brigade Response Times (23 June 2016)
Appendix 6: Mangawhai Static Water Supply Handbook
Appendix 7: Mangawhai Water and Fire Supply Options Feasibility and Cost Analysis
Appendix 8: C1-C6 Protection from Fire, A3 Building Importance Levels (the Building Code) and Acceptable Solutions CAS1-CAS7
Appendix 9: Plan Change 2 - Update and Summary Report (sent to Submitters and Practitioners)
Appendix 10: Comments Received
Appendix 11: Memoranda to Te Uri o Hau and Te Roroa
Appendix 12 Responses from Te Uri o Hau and Te Roroa
Appendix 13: Part 2 of the Resource Management Act (Sections 5‑8)
Appendix 14: Regional Policy Statement Chapter 7 Natural Hazards (May 2016)
Appendix 15: Iwi Management Plans - Overview
Appendix 16: Section 32 Checklist