Submissions sought on the Proposed Auckland Unitary Plan

 URGENT – closing date for submissions is 5pm – 28th of February 2014

All citizens of New Zealand are eligible to lodge a submission.

The Auckland Unitary Plan (AUP) is currently being developed as a resource management document for the new Auckland City, meeting the responsibility of the council to achieve the purpose of the Resource Management Act 1991 (RMA) as a regional council and a district council.

The plan contains proposals which, if implemented, would not only have a significant impact on the democratic and property rights of Auckland citizens, but also on the council’s ability to act in the best interests of all citizens.

Do not think this is an Auckland only issue. Even if you live in other parts of New Zealand be afraid, be very afraid! This Auckland disease could well be coming your way soon.

The Local Government Commission is receiving an increasing number of applications from different parts of the country for reorganisation under the Local Government Act, almost all for amalgamation from several councils into one. And what the commission is determining as its preferred option is modelled on the Auckland Supercity. The commission is also recommending something similar to the Independent Maori Statutory Board created by the Local Government (Auckland Council) Act 2009. Maori apparently like this mechanism as the closest thing to co-governance in local government on offer. That is until a golden opportunity arises through the reorganisation of regional and district plans into the one plan, the process which is currently underway with the Auckland Unitary Plan. This plan is the Trojan horse for the co-governance of much of Auckland, made obvious in policy statements such as:

 ‘Enable the transfer of powers and/or establishment of joint management agreements for certain functions relating to the development and management of ancestral lands, water, air, coastal sites, wāhi tapu and other taonga, and the sustainable management of natural and physical resources*….’.

And

It is important to build stable and equal partnerships which enable Mana Whenua to actively and meaningfully participate in the management of natural resources’.

* Definition from the RMA‘Natural and physical resources include land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced) and all structures.

The plan contains provisions relating to Mana Whenua – (the people of the land who have customary authority)- which  go much further than is legally required by the RMA.

The proposals which are especially concerning are those that call for:

• equal partnership, joint management agreements, and in some cases a full transfer of power to iwi authorities

• the scale and extent of the Sites of Significance and Value to Mana Whenua, which would force thousands of homeowners to seek iwi approval before making alterations to their properties.

• the number of instances which require a cultural impact assessment – a report prepared by Mana Whenua (or nominee) that documents their cultural values, interests and associations with an area and/or natural resource.

Click on this link to see the plan:

http://unitaryplan.aucklandcouncil.govt.nz/pages/xc.enquire/UnitaryPlanElectronicPrint.aspx

You can find the sections relating to Mana Whenua on the Treaty of Waitangi Provisions Reference Guide at:

http://www.aucklandcouncil.govt.nz/EN/planspoliciesprojects/plansstrategies/unitaryplan/Documents/Key%20topics%20in%20detail/upkeytopicstreatyofwaitangi.pdf

Particularly note sections:

  • Part 1 Introduction and Strategic Direction >> Chapter B – Regional policy Statement 1.4        Addressing issues of significance to Mana Whenua
  • Part 1 Chapter B 5 Addressing issues of significance to Mana Whenua
  • Part 1 Chapter B Clause 5.1. Recognition of Te Tiriti o Waitangi partnerships and participation
  • Part 1 Chapter B 5.4 Protection of Mana Whenua culture and Heritage
  • PART 2 REGIONAL AND DISTRICT OBJECTIVES AND POLICIES>>Chapter C >>Auckland wide objectives and policies>> 2. Mana Whenua
  • Part 2 Chapter E Overlay Objectives and Policies >>  Section 5.1 Sites and Places of Significance to Mana Whenua, and
  • 5.2 Sites and Places of Value to Mana Whenua
  • PART 2 REGIONAL AND DISTRICT OBJECTIVES AND POLICIES Chapter C >> 5.15.1 Water quality and integrated management
  • Part 3 Chapter G Section 2.7 Clause 4 Cultural impact assessments

However, there are provisions relating to Mana Whenua scattered throughout the plan.

You can read some key points in our (example submissions) we have submitted here.

How do you make a submission?

A personal submission is regarded as more effective than a pro forma submission, but pro forma submissions do count.

Personal submissions

Fill out and make your submission online via the Auckland Council website.

Make your own submission using these instructions (how to make a submission). Follow the four step submission format we have used in the example sheets.

i.e.

  1. 1.       Quote provision reference in the plan
  2. 2.       Oppose or support the provision
  3. 3.       Give your reasons
  4. 4.       Advise the decision sought

Pro forma submission instructions

Down load and print off the Council submission form. (Download here) Fill out the form with your contact details and sign the form. Print off and attach the three pro forma submissions (download here) to the form and post to the free post address on the submission form (see below).

Where do I send the submission?

Attn: Unitary Plan Submission Team
Auckland Council
Freepost Authority 237170
Private Bag 92300
Auckland 1142

Or email to: unitaryplan@aucklandcouncil.govt.nz

Please encourage your networks to also lodge a submission.

URGENT – closing date for submissions is 5pm – 28th of February 2014

If you’d like to make your own individual submission, this can be done

For provisions relating to the Treaty of Waitangi see the proposed Auckland Unitary Plan fact sheet, produced by the Auckland Council.

Click on this link. Scroll down to Mana Whenua – Treaty of Waitangi

This shows the amount of provisions scattered throughout the plan relating to mana whenua

http://www.aucklandcouncil.govt.nz/EN/planspoliciesprojects/plansstrategies/unitaryplan/Pages/keytopicsindetail.aspx

Major concerns are in these parts of the unitary plan

In particular sections:

We need yours urgently to object to parts of this plan

This planning document is setting out new rules to govern Auckland as a Super City. This legislation is seen as a blue print for all Councils and when passed will be rolled out in Councils throughout New Zealand. So it is coming to a city near you soon.

Where do I send the submission?

Correspondence to :

Attn: Unitary Plan Submission Team
Auckland Council
Freepost Authority 237170
Private Bag 92300
Auckland 1142

Or email to

When do submissions close

Submissions closing for Proposed Auckland Unitary Plan

5.00pm 28th February 2014

Background

In the sections relating to Mana Whenua in the AUP go much further than is legally required by the RMA.

The proposals which are especially concerning are those that call for:

• equal partnership, joint management agreements, and in some cases a full transfer of power to iwi authorities

• the scale and extent of the Sites of Significance and value to Mana Whenua, which would give iwi authorities the power to impose their values and beliefs, including their spiritual beliefs, upon the property rights of other citizens

• The scope of the requirement for cultural impact assessments, giving iwi authorities indeterminate powers over resource consent applications

What should I make a submission on?

Certain provisions in this plan set out to transfer powers, create joint management and co governance of the natural and Physical resources to Mana Whenua Auckland Council has proposed a new combined regional policy statement, regional and district plan for the Auckland region – the Auckland Unitary Plan.

The Local Government Commission is receiving an increasing number of applications from different parts of the country for reorganisation under the Local Government Act, almost all for amalgamation from several councils into one. And what the commission is determining as its preferred option is modelled on the Auckland Supercity. The commission is also recommending something similar to the Independent Maori Statutory Board created by the Local Government (Auckland Council) Act 2009. Maori apparently like this mechanism as the closest thing to co-governance in local government on offer. That is until a golden opportunity arises through the reorganisation of regional and district plans into the one plan, the process which is currently underway with the Auckland Unitary Plan.

With policy statements in the plan such as Enable the transfer of powers and/or establishment of joint management agreements for certain functions relating to the development and management of ancestral lands, water, air, coastal sites, wāhi tapu and other taonga, and the sustainable management of natural and physical resources,’ and It is important to build stable and equal partnerships which enable Mana Whenua to actively and meaningfully participate in the management of natural resources’, it is obvious that this plan is the Trojan horse for the co-governance of Auckland.

Especially if you take into account the definition in the Resource Management Act on which AUP is based

‘Natural and physical resources include land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced) and all structures.

promote the establishment of joint management agreements for the sustainable management of natural and physical resources. With statements such as

The Auckland Unitary Plan (the Unitary Plan) therefore has two key roles. Firstly, it describes how we will manage our natural and physical resources while enabling growth and development and protecting the things we value. This forms part of the responsibility of the council to achieve the purpose of the Resource Management Act 1991 (RMA) as a regional council and a district council.

The Unitary Plan replaces the following legacy council RMA documents:

The Local Government Commission sees the Auckland Supercity as a successful model for the reorganization of local government.