23 August 2019
A decision on Plan Change 4 was issued via Consent Order from the Environment Court on 24 October 2018, after all parties through negotiations and mediation agreed to a way forward. Generally, the Court’s Consent Order upholds the Commissioners’ decision in relation to land use activities e.g 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 to help with assessment of subdivision applications. The new approach aims to help Council and applicants understand if there are potential fire hazards which may need to be considered at the time of subdivision consent applications, if sufficient firefighting water is not supplied. Plan Change 4 was made operative on Wednesday 18 December 2018.
From November 2018 until now, the Council has engaged with FENZ, a group of section 274 parties involved in the Plan Change 4 appeal, Council’s Regulatory Working Group and the Mayor, to develop a guidance document to assist subdivision consent applicants and Council’s consent processing staff when they are preparing/assessing subdivision consent applications. The use of the guidance document by an applicant is not compulsory, rather it is a tool to provide/obtain information and to assist the Council to make informed decisions on subdivision consent applications. This guidance document will be publicly available shortly.
This Plan Change was made operative on Wednesday 18 December 2018
Resolution of Appeal to Plan Change 4
The Environment Court has issued its decision on Plan Change 4.
Council resolved at its November 2018 meeting to make the plan change operative.
For information on what the plan change may mean for you here are some Questions and Answers.
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.
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.
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.
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.
The Council’s Section 42A Hearing Report is available here.
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.
- Purpose and Scope of Plan Change 4 Fire Safety Rules (Land Use) – Summary Extract document from Section 32 Evaluation Report
Section 32 Evaluation Report (full)
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 10.1: Comments Received
Appendix 10.2: 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