Proposed Plan Change 94 : Papakainga Housing

Transcription

1 1 Supplementary Agenda Item No Proposed Plan Change 94 : Papakainga Housing Reporting Officer: Nicola Webb (Policy Planner, District Plan) Date: 10 March 2010 Vision, Mission and Values The District Plan is one of Council s most fundamental mechanisms for achieving its vision and mission of creating the ultimate living environment. To ensure that the District Plan not only provides for, but promotes innovation and excellence, it is necessary that Council takes visionary leadership by adopting a work program that facilitates the cultural, environmental, economic and social wellbeing of the District s people and communities. The Plan Change priorities and related work programs set out in this report have been prepared through communication, valuing employees and partnerships with a view to ensuring coordination and transparency in our approach to prioritising the proposed Plan Changes. Papakainga housing provisions incorporated in the Whangarei District Council District Plan will help in the development of the ultimate living environment by providing for Maori to establish housing on multiple owned Maori Land. Developing provisions for papakainga housing will show that Whangarei District Council is continuing to project visionary leadership. Local Government Act 2002 The Four Well-Beings Cultural: Economic: Environmental: Social: Through papakainga housing developments there can be a re-establishment of rural Maori communities which will in turn help in the preservation of Maori culture and values. Maori land holds great cultural and spiritual significance to Maori. Papakainga housing developments will benefit the community both socially and economically as employment opportunities can be created. The environment in which the papakainga housing settlements are settled can be managed in a more sustainable manner. The development of papakainga housing settlements may help address social issues which concern Council and other agencies. The return of Maori to their rural communities provides the opportunity of restoration of cultural identity and self-esteem. Introduction Incorporating rules into the District Plan for the provision of papakainga housing would provide owners of Maori land the possibility to build upon this land in a more flexible way. The current plan change relates only to the proposed objectives and policies. A separate plan change incorporating the consequential rule changes will follow. This report has been prepared to inform and seek Council approval to publicly notify proposed Plan Change 94 Papakainga Housing. The proposed plan change will introduce papakainga housing objectives and policies into the District Plan to support papakainga developments in the Whangarei District. The proposed objectives and policies were presented and discussed by the Te Karearea (Maori Liaison) Committee at their meeting on 15 September It was agreed that these proposed objectives and policies be considered by the Papakainga Housing Steering Group and then presented to Maori land owners through public consultation before being brought back to the Te Karearea Committee for adoption in March An Environment Discussion Focus Group meeting was held on 15 December 2009 where the proposed papakainga housing objectives and policies were presented and discussed in detail. Whangarei District Council 24 March 2010 C:\Documents and Settings\zhifeiw\Desktop\agendas\Council\Supplementary 2 - Plan Change 94 - Papakainga Housing.DOCX

2 2 Supplementary Agenda Item No. 2 The Te Karearea/Maori Liaison Committee considered the proposed plan change on 18 March 2010 which was after the Environment Committee meeting, hence the referral to full Council for a decision to adopt the proposed plan change. The Proposal In 2009, Whangarei District Council (WDC) initiated a two phase project to incorporate provisions for papakainga housing into the District Plan. Phase One of the project is to develop objectives and policies for inclusion into the District Plan to support proposals for development of this type. Phase Two will be the development of implementation methods, focusing on ways in which the application and development process can be simplified, while at the same time develop processes between agencies and building capacity within Maoridom. Possibilities include introducing a papakainga development plan consent process, service level agreements, or incorporating our processes with that of the Maori Land Court. The proposed plan change seeks to introduce objectives and policies into the District Plan to support the development of papakainga housing throughout the Whangarei District on ancestral Maori land. The proposed provisions (objectives and policies) are focusing on five topics which are: 1. Traditional development on ancestral Maori land, 2. Development intensity, 3. Flexibility, 4. Non-residential activities, and 5. Sustainable management. The papakainga housing provisions and the consequential guidelines/standards (phase two) will rely on the policy within respective Environment/zone objectives and policies. The proposed provisions support development being regulated on a case by case basis. Similar to the proposed management plan technique plan change, plan change 94 proposes to give applicants the opportunity for site specific development design which is consistent with the physical site constraints and surrounding environment. Council is seeking flexible policies to give applicants the opportunity to plan a development that is specific to their site. Papakainga developments should only occur on land that can sustain the proposed level of development. This will ensure that resources are managed effectively and development is within the maximum servicing capacity of the land. The papakainga development plan will ensure consistency throughout the District. Development must be consistent with the environmental outcomes sought by the District Plan. The papakainga development plan guidelines/standards will be developed and implemented in Phase 2 of the papakainga project. Consultation/Notification Consultation with the public commenced in June 2009 with the distribution of a papakainga housing brochure to Maori land owners. Along with the brochure, a questionnaire was sent out that invited recipients to provide feedback to Council. The brochure outlined what Council understood to be some of the difficulties associated with the development of papakainga housing. The invitation to provide feedback on the brochure was advertised in the local newspaper, and copies were sent to marae. Council received a total of 20 responses from Maori land owners. All the responses were compiled into a summary document which was made publicly available. To enable Council staff to test our thoughts, ideas and proposals with those who have experiences and knowledge around Maori land and papakainga housing issues, a papakainga housing steering group was established. The purpose of this group is to act as a sounding board to share and discuss ideas and options. It is not intended to replace Whangarei District Council 24 March 2010 C:\Documents and Settings\zhifeiw\Desktop\agendas\Council\Supplementary 2 - Plan Change 94 - Papakainga Housing.DOCX

3 3 Supplementary Agenda Item No. 2 consultation with the public, nor communications with Council s Te Karearea Committee. Our first meeting of this group was held on Tuesday 16 June 2009 at Council. A number of meetings were held throughout the year with representatives from Te Puni Kokiri, Maori Land Court, Housing New Zealand Corporation, Kaipara District Council, Far North District Council and Northland Regional Council. The purpose of the meetings was to update all Councils and Government Agencies on each others present initiatives and to discuss the feasibility of developing a joint method of service delivery. At the Te Karearea Workshop on 15 September 2009 the draft objectives and policies to be included in a Whangarei District Council Plan Change regarding papakainga housing were presented and discussed by the Committee. The Te Karearea Committee agreed and referred the objectives and policies to the Papakainga Steering Group where they were discussed in detail, and final wording was agreed on 16 September Further public consultation was held at various locations within the Whangarei District during November These meeting were held at the following locations and on the listed dates: Korokota Marae (Titoki) Wednesday, 4 November pm. Pehiaweri Marae (Glenbervie) Monday, 9 November pm. Otetao Marae (Whangaruru) Tuesday, 24 November pm. Papakainga Housing was discussed at the following Te Karearea Committee meetings: 7 April 2009, 12 May 2009, 7 July 2009, 15 September 2009, and 9 November The papakainga plan change was also presented at the recent Te Karearea meeting held on 12 February 2010 where a number of kaumatua, kuia and members of respective iwi were in attendance and had the opportunity to present their views. Consultation with Maori land owners and interested parties will continue through 2010 and 2011, focusing on the development of a Papakainga Development Plan which will support this District Plan change. Recommendation 1. That this report and attachments be received. 2. That pursuant to Clause 25(2)(b) of Schedule 1 to the Resource Management Act 1991, the Whangarei District Council adopts Plan Change 94 Papakainga Housing to be notified for public submissions. Attachments: 1. Papakainga Housing Project Background Information Booklet.pdf 2. Papakainga Housing Section 32 Summary Guide.pdf 3. Papakainga Housing District Plan New Format.pdf Whangarei District Council 24 March 2010 C:\Documents and Settings\zhifeiw\Desktop\agendas\Council\Supplementary 2 - Plan Change 94 - Papakainga Housing.DOCX

4 4 Papakainga Housing Project Background Creating the ultimate living environment

5 2 Whangarei District Council 5 Contents 1. Project Overview 3 2. Legislation 3 Resource Management Act Te Ture Whenua Maori Act The Resource Management Act 1991 & Te Ture Whenua Maori Act Policy Framework for Papakainga Housing 5 Findings Project Implementation Implementation through Key Organisations Development of a Papakainga Development Plan 6

6 6 Whangarei District Council 3 1. Project Overview In 2009, Whangarei District Council (WDC) initiated a two-phase project to incorporate provisions for papakainga housing into the District Plan. Phase One of the project was to develop objectives and policies for inclusion into the District Plan to support proposals for development of this type. Phase Two will be to develop implementation methods, focusing on ways in which the application and development process can be simplified, while at the same time developing processes between agencies and building capacity within Maoridom. Possibilities include introducing a papakainga development plan consent process, service level agreements, or incorporating our processes with that of the Maori Land Court. Incorporating rules into the District Plan for the provision of papakainga housing would provide owners of Maori land with the ability to build upon this land in a more flexible way. The current plan change relates only to the proposed objectives and policies in the District Plan. A separate plan change incorporating the consequential rule changes will follow. Since March 2009 a number of meetings have been held with the Housing New Zealand Corporation, Maori Land Court, Te Puni Kokiri, Northland Regional Council, Far North District Council and Kaipara District Council. A closer relationship has been formed between these organisations to ensure that each organisation understands the issues and processes that Maori face when applying for permission to construct a dwelling. Whangarei District Council in collaboration with Te Puni Kokiri, Housing New Zealand Corporation and the Maori Land Court are in a position to assist in making information more accessible. It is important that the environmental effects of development are addressed, and it needs to be understood that there are some rules and requirements that must be met in order to achieve sustainable management. The end result that we would ultimately like to see is a collaborative approach for papakainga housing throughout Northland. Maori land boundaries are not confined to those of the local authorities, thus, a consistent approach is seen as a benefit. 2. Legislation Resource Management Act 1991 The RMA 1991 is New Zealand s main piece of legislation that relates to the sustainable management of natural and physical resources. In the Act sustainable management means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural well being and for their health and safety. Under the RMA it is mandatory that each territorial authority within New Zealand prepares a District Plan, which manages land use and development within its territorial boundaries. This will ensure that development and associated activities have regard to the practicalities of a particular piece of land. The District Plan must not be inconsistent with any National Policy Statement or Regional Policy Statement.

7 4 Whangarei District Council 7 Te Ture Whenua Maori Act 1993 The Te Ture Whenua Maori Act 1993 (Maori Land Act) came into force on 1 July 1993, replacing the Maori Affairs Act The purpose of the Act is to ensure that the owners of Maori land, their hapu and whanau will continue to hold the land for future generations. One of the issues around Maori land is that barriers to development may cause the land to lie abandoned and undeveloped and this process is termed alienation. The Maori Land Act made reference to the alienation of Maori land and set out stringent rules governing the recording of ownership, status of land, leases and trusts. There is no capacity for anyone to alienate Maori customary land, but multiple owned freehold land can be partitioned under the Act. The Act provides for the change of land ownership and offers five different kinds of trusts, Putea, Whanau, Ahu Whenua, Whenua topu and Kai tiaki. The Resource Management Act 1991 & Te Ture Whenua Maori Act The Maori Land Act manages Maori land and governs how it can be used. It does not have specific jurisdiction over the environmental effects of how the land is used; this is left up to the RMA. The Maori Land Act directs that partitions are a form of subdivision and therefore are subject to the RMA requirements. This is effectively saying that partitions must follow the rules set out in the District Plan, as the District Plan is a mandatory document created under the RMA. Section 301(3) of the Maori Land Act specifically states that a partition of land shall be deemed to be a subdivision within the meaning of section 218 of the RMA. The meaning of subdivision of land under Section 218 specifically includes partition, by application to a District Land Registrar for the issue of a separate certificate of title for any part of the allotment. Effectively, under the RMA, Maori do not have to apply for a resource consent from Council but must apply to a District Land Registrar. It is the Maori Land Court s responsibility to administer the provisions detailed in the Maori Land Act, which expressly states partitions must be in accordance with the RMA. To be in accordance with the RMA, a full partition must be consistent with the rules detailed in the District Plan. New titles are created when a full or hapu partition is created. However, hapu partitions are administrative tools that are not a form of subdivision so are not bound by the RMA (and thus the District Plan) provisions. It is the Maori Land Courts practice however, to have regard to the District Plan when considering both full and hapu partitions to avoid difficulties arising at the later stage when buildings consents are sought from the District Council. It is therefore important papakainga housing provisions are included in the District Plan. The findings of our consultation indicate that each piece of Maori land may be subject to differing circumstances that restrict its potential for development, depending on the nature of the land s tenure. Council therefore needs to develop standards and guidelines that provide flexibility. We anticipate that the papakainga development plan will in some cases be a subdivision plan or in some cases be a land use plan. This approach should ensure that in all tenure situations an integrated development is achieved.

8 8 Whangarei District Council 5 3. Policy Framework for Papakainga Housing Over the last year we have had discussions, visited Maori owners, developed a papakainga housing brochure and feedback form, actively consulted with the owners on the ground and set up a steering group to assist us with the development of a policy and provisions that are relevant to Maori. Findings Our research has shown that the three components required to achieve successful papakainga housing on Maori land relate to administration, environment and resourcing. Conceptually these components equate to Whakapapa (Maori Land Court), Tupuranga (WDC) and Puawaitanga (resources). The whare is built to house the Whanau who are the creative energy at the centre of the process. Successful papakainga provisions will be reliant on all three factors (environmental, administration and resourcing) being developed together, as District Council s planning rules alone will not be able to address the current issues. Therefore, our emphasis and efforts need to focus on developing provisions in the District Plan together with guidelines in collaboration with Maori Land Court. the research has shown that creating housing developments and communities that are sustainable is very important to the community of Whangarei. Council is to investigate further ways to facilitate this. Throughout New Zealand papakainga housing is provided for within District Plans, but not always in a manner that supports further development and economic growth. Papakainga housing should not just focus on dwellings but should also take into account marae, community facilities and economic opportunities. Ensuring that the land can sustain the development was an important feature throughout consultation responses. The amount of development is relevant to the maximum infrastructure capacity of land. Respondents suggested that the housing layout should be based on the best utilisation of the whenua and generally determined by what the land can environmentally sustain on a case by case basis as all land is different. Some respondents said that the housing must fit in with established residences and neighbourhood while others said that specific rules need to be applied for papakainga development. Whanau agreements were a suggestion for determining the layout of individual sites. Council aims to obtain a balance between the degree of regulation required and possible incentives offered to encourage the use of sustainable land management techniques. Through consultation Council has been informed that it can help to make papakainga housing more successful in our District by: Ensuring Maori are involved in the development of the process and provisions. Making processes and provisions uncomplicated, useful, relevant and aimed at achieving the desired results. Ensuring that it enables the people who will ultimately live on the land and administer it to apply the principles of kaitiakitanga. Supporting Maori returning to their ancestral land and by providing a process that recognises the Maori land structure.

9 6 Whangarei District Council 9 4. Project Implementation Experience has shown that the uptake of papakainga is slow, but this is expected to increase throughout New Zealand. The approach taken by the Whangarei District Council is to be as liberal as possible, using case studies to help develop the future standards and guidelines for papakainga housing (phase two of this project). Kiwi Bank in partnership with Housing New Zealand Corporation are now offering loans for papakainga housing. 180 loans are available in 2010, there have been views expressed that there will not be a great uptake in 2010 as it takes time for Maori to plan for papakainga and reach agreement within Whanau. 4.1 Implementation through Key Organisations Three types of agencies perform key roles in relation to the implementation of papakainga housing. Councils such as the Whangarei District Council deal with environmental factors such as size of dwellings and subdivision lots, access, services, and granting consents for building and land use. Government agencies previously provided expertise to meet the environmental and administrative requirements, and to secure funding through banks or other loan schemes. Te Puni Kokiri, one of the government agencies involved in the process will continue to provide information and assistance to Maori seeking to develop papakainga housing. The Maori Land Court deals with administration issues, such as ownership structure, land administration and the rules that govern how the land is used, developed and maintained. They are a necessary player in the papakainga development process. The Maori Land Court enables and provides incentives for administration and governance structures (such as trusts) to be put in place. The trusts ultimately have the responsibility for the sustainable management and administration of the land. Our approach is to avoid duplication of processes by creating a technique that includes environmental management within existing land administration mechanisms. Whangarei District Council will continue to work with the Maori Land Court to achieve both land administration and environmental management outcomes. 4.2 Development of a Papakainga Development Plan Council hopes to avoid duplication of processes by creating a technique that includes environmental management within existing land administration mechanisms. Council needs to ensure that the processes that we would like to develop are compatible with that of the Maori Land Court. Also, the balance between the degree of regulation required and possible incentives offered must be adequate to encourage the use of sustainable land management techniques. A Papakainga Development Plan would apply to all Maori land in the District and land administered under the Te Ture Whenua Maori Land Act This technique will also be supported in the Environments where it is deemed appropriate and consistent with the policy direction for that area. This will ensure that subdivision and development is designed where the location, form and scale compliments sustainable environmental management, consistent with

10 10 Whangarei District Council 7 the protection of natural character, landscape, amenity, heritage and cultural values. The Papakainga Development Plan will facilitate development in a flexible manner while ensuring the sustainable management of natural and physical resources in an integrated way. Site specific design provides the opportunity for integrated subdivision or development. Anticipated outcomes of the papakainga development plan include development that is not just focused on housing, includes the provision of business activities, visitor accommodation, forestry and recreational opportunities. The Papakainga Development Plan would also ensure that the Whanau has considered succession planning. The Papakainga Development Plan guidelines/ standards will be developed and implemented in Phase 2 of the papakainga project.

11 11 Forum North, Rust Avenue, Private Bag 9023, Whangarei 0148 Phone: Fax: mailroom@wdc.govt.nz Website:

12 12 Papakainga Housing Section 32 - Summary Guide Creating the ultimate living environment

13 2 Whangarei District Council 13

14 14 Whangarei District Council 3 Contents 1. Introduction 4 2. Reviewing and Updating the District Plan 4 3. Papakainga Housing 5 4. Consultation Undertaken 6 5. Barriers/Issues 7 6. Proposed Plan Change 94 Papakainga Housing Traditional Development on Ancestral Maori Land Development Intensity Flexibility Non-Residential Activities Sustainable Management Further Information Where can you get more information and make a submission? What happens next? 14

15 4 Whangarei District Council Introduction Whangarei District Council has reviewed planning provisions available to applicants in the District Plan and is proposing changes which are outlined in this booklet. The purpose of Proposed Plan Change 94 Papakainga Housing is to introduce objectives and policies into the District Plan to support the development of papakainga housing throughout the Whangarei District. Papakainga is a form of housing development which can occur on ancestral Maori land. This summary guide outlines the key issues and changes we are proposing. You can make a submission on the proposed District Plan Change through the formal public consultation process under the Resource Management Act Copies of Proposed Plan Change 94 Papakainga Housing are available from: Whangarei District Council s Customer Services counter at Forum North, Rust Avenue, Whangarei Hikurangi Service Centre 7 King Street, Hikurangi Ruakaka Service Centre Takutai Place, Ruakaka Whangarei Public Library, Rust Avenue, Whangarei Kamo Public Library, Kamo Road, Whangarei Onerahi Public Library, Commins Road, Onerahi Tikipunga Community Library, 83 Paramount Parade, Tikipunga Voluntary Community Libraries around the District Submissions on proposed Plan Change 94 Papakainga Housing close at 4pm on 27 May Reviewing and Updating the District Plan It is important that the District plan, the District s planning rulebook that says how land can be used in our District, is kept up to date to reflect the changing types of development the community is engaged in and to reflect any changes in legislation. Although Council puts the District Plan together and administers it, the District Plan itself is a product of the requirements of the community, and everyone can have a say in it when it is being developed and updated. To achieve this, Council staff review chapters of the plan every year, in what is called a rolling review. The rolling review examines whether the current objectives, policies and methods in the plan are working the way the community needs and wants them to, and examines what new issues have emerged since the District Plan was first devised. The review updates the District Plan to recognize the role different areas of the District will play in the district in future, given the population changes an economic grown over the next 10 years. This ties in with Council s long-term planning project Sustainable Futures 30/50: Whangarei District Council Growth Strategy. Council calls for comment from members of the public and a formal process is undertaken

16 16 Whangarei District Council 5 to hear what the public want and include these requirements in the updates through a formal plan change process. Each Plan change is given a number. As a result of the rolling review, the Council has prepared District Plan Change 94 Papakainga Housing. 3. Papakainga Housing Papakainga is a form of housing development which can occur on ancestral Maori land. The Whangarei District Plan currently contains no provisions relating to papakainga, and in the wider context agencies lack resources to support the development of papakainga on ancestral Maori land. This impedes use and development of Maori land by its owners, compared to the options available to other land owners. Whangarei District Council (WDC) seeks to remove some of these impediments by dealing with papakainga housing in a targeted way in the District Plan. As we recognise that a significant portion of our District is Maori land and that Maori land has its own unique attributes that require it to be looked at separately from other freehold land. Whangarei District contains 11,000ha, 950 land parcels, of Maori land which equates to 4.25% of the total area of the Whangarei District (source: WDC s rating database). Papakainga housing does not have one specific definition; it can include a number of buildings, such as housing, recreational, marae or just be one individual house on its own. Most descriptions of papakainga housing usually makes reference to the whakapapa relationship that Maori have with their ancestral land. Papakainga housing is a form of development that allows for the return of whanau to their ancestral lands. This chapter is designed to support social, spiritual, cultural, historical, economic and status values that are important to Maori. Papakainga Housing policy initiatives need to be developed and included in the Whangarei District Plan to enable Maori to have greater opportunities to build upon their land within the Whangarei District.

17 6 Whangarei District Council Consultation Undertaken Consultation with the public commenced in June 2009 with the distribution of a papakainga housing brochure to the Maori land owners. Along with the brochure, a questionnaire was sent out that invited recipients to provide feedback to Council. The brochure outlined what Council understood to be some of the difficulties associated with the development of papakainga housing. The invitation to provide feedback on the brochure was advertised in the local newspaper, and copies were sent to marae. Council received a total of 20 responses from Maori land owners. All the responses were compiled into a summary document which was made publicly available. To enable Council staff to test our thoughts, ideas and proposals with those who have experiences and knowledge around Maori land and papakainga housing issues, a papakainga housing steering group was established. The purpose of this group is to act as a sounding board to share and discuss ideas and options. It is not intended to replace consultation with the public, nor communications with council smaori Liaison Committee. Our first meeting of this group was held on Tuesday 16 June 2009 at Council. A number of meetings were held throughout the year with representatives from Te Puni Kokiri, Maori Land Court, Housing New Zealand Corporation, Kaipara District Council, Far North District Council and Northland Regional Council. The purpose of the meetings was to update all Councils and Government Agencies on each others present initiatives and to discuss the feasibility of developing a joint method of service delivery. At the Maori Liaison Committee Workshop on 15 September 2009 the draft objectives and policies to be included in a Whangarei District council Plan Change regarding Planpapakaianga housing were presented and discussed by the Committee. The Maori Liaison Committee agreed and referred the objectives and policies on to the Papakainga Steering Group where they were discussed in detail, and final wording was agreed on 16 September Further public consultation was held at various locations within the Whangarei District during November These meeting were held at the following locations and on the listed dates: Kokokota Marae Wednesday 4th November pm Pehiaweri Marae (Glenbervie) Monday 9th November pm Otetao Marae (Whangaruru) Tuesday 24th November pm Papakainga Housing was discussed at the following Te Karearea Committee (Maori Liaison Committee) meetings: 7th April 2009, 12 May 2009, 7 July 2009, 15 September 2009, 9 November The papakainga plan change was also presented at the recent Te Karearea meeting held on 12 February 2010 where a number of kaumatua, kuia and members of respective iwi were in attendance and had the opportunity to present their views. Consultation with Maori land owners and interested parties will continue through 2010 and 2011, focusing on the development of a Papakainga Development Plan which will support this district plan change.

18 18 Whangarei District Council 7 5. Barriers/Issues Maori land is unique. There are a number of rules and barriers associated with the ownership of Maori land. Maori land refers to a particular status of land that is distinctly different from all other land in New Zealand owing to its form of tenure and its controlling legislation. The intention of this Plan Change is for Whangarei District Council to remove some of the planning restrictions on the development of housing on ancestral Maori land. One of the main restricting factors for Maori who chose to move back to their land is the difficult of obtaining loans for development of land that is multiply owned. Banks and other lenders are reluctant to lend on this type of land because of difficulties establishing capital value. Multiple ownership also makes it difficult to attach debt recovery to an individual owner which adds to borrowers concerns about loan security and credit ratings. If a building on a piece of papakainga land is used as security, depreciation can often result in the loan exceeding the value of the building. Other challenges that may arise when developing multiply-owned land include: diversity of opinion among owners managing issues caused by the multiplication of owners over generations difficulties forming trusts to future-proof development of land The costs associated with the development of papakainga such as the construction of sewerage, stormwater, power and phone connections in isolated rural areas impacts on affordability. Legal and compliance costs, such as resource and building consents may prohibit people from building. District plans place restrictions on the use of land including limits on numbers of dwellings, heights of buildings, density and site coverage. The housing and development aspirations of Maori may not always align with the current restrictions in district plans.

19 8 Whangarei District Council Proposed Plan Change 94 Papakainga Housing In the following few sections of this booklet we describe a number of issues or deficiencies in the current District Plan and the way Proposed Plan Change 94 Papakainga Housing will address these. 6.1 Traditional Development on Ancestral Maori Land Issues: There are no provisions in the District plan that currently relate specifically to Papakainga Housing, or support or reflect traditional development on ancestral Maori land. There is no agreed definition in the District Plan of Maori land or Ancestral land as it relates to papakainga housing. The plan does not explicitly promote sustainable governance and administrative structures designed to achieve sustainable land management for Papkainga housing. These shortcomings, added to the following barriers: Proposed Objective: For the District Plan to recognise the desire of Maori to maintain and enhance their traditional and cultural relationship with their ancestral land. Proposed Policy: To limit papakainga development to ancestral Maori land that is administered under the Te Ture Whenua Maori Act Financial constraints District Plan zoning rules Disagreement within whanau about development Complexity of ownership Lack of available funding Difficulty obtaining financial assistance Limited access to blocks of Maori land Requirement to coordinate with lenders, Council, Maori Land Court, Housing New Zealand Corporation and Te Puni Kokiri impede development of papakainga housing on Maori Ancestral Land, therefore the following objectives and policies are proposed:

20 20 Whangarei District Council 9 Ancestral Maori land has deliberately been referred to here; this allows for more flexibility for Maori, as not all ancestral land is Maori freehold land. Also, this ensures that only ancestral Maori land has papakainga developments. The proposed policy will promote the development of sustainable governance and administrative structures to achieve sustainable land management. Some concern was raised to the potential for everyone to claim ancestral land. Using the current Maori Land Court definition of ancestral Maori land will mean papakainga housing may be developed on ancestral land only. A relevant statement by Judge Spencer in the report Employment from the Development of Under-utilised Maori Land in Taitokerau presented at Te Iwi O Taitokeraui Hui 1-2 December 1990 reads... Principal objective in the development of Maori resources should be the preservation of Maori culture and traditions by the reestablishment of marae-based communities. This will provide incentives to work, wanting to work and live in that community rather than doing so only out of economic necessity. During consultation the majority of respondents saw papakainga housing developments as an opportunity for Maori to return to their ancestral lands. Respondents considered papakainga to be a way of supporting Whanau to return to the land and assist family members to build on their land. A number of respondents stated that papakainga housing will enable the Whanau to sustain themselves on the land and maintain whakapapa ties.

21 10 Whangarei District Council Development Intensity Issues: Often development is hindered or restricted by traditional District Plan development intensity rules, without taking into consideration the site specific details. The possible development intensity of the land should be relevant to the site s context and environment. Proposed Objective: Provide for Papakainga development on ancestral land in a manner that is sensitive to the sustainable management of the land resource. Proposed Policy: To require the maximum intensity and scale of Papakainga Development to be determined by the sustainable servicing capacity of the land. The key term in the objective is sustainable management. The provisions are developed to ensure that the whenua is looked after sustainably considering economic, social and environmental matters, including the resources and taonga on the site, as identified by the land owners. The proposed policy supports development being regulated on a case by case basis. The intensity of development refers to how many people can live on the site sustainably. The amount of development is relevant to the maximum infrastructural servicing of the land. For example, the population of the site has to be limited by the physical infrastructure that can be provided without causing negative environmental impacts. The land will guide the maximum capacity the site can sustain; thus site specific. Similar to the proposed management plan technique plan change, Plan Change 94 provides the opportunity for site specific development design which is consistent with the physical site constraints and surrounding environment.

22 22 Whangarei District Council Flexibility Issues: Traditional Maori development patterns are currently not taken into consideration in the Whangarei District Plan and this hinders the ability to erect houses or develop settlements/villages. Development is often stifled because the District Plan rules lack the flexibility for proposals to be considered on a case by case basis. Council is seeking flexible policies to give applicants the opportunity to plan a development that is specific to their site while meeting health, safety and amenity standards. This will ensure that an environment created is not unpleasant to live in or has wider environmental impacts. The provisions within the District Plan are based upon technical data and research completed at a District wide scale. Site specific design can result in a higher level of sustainable environmental management where development is consistent with the specific site constraints rather than restricted to those allocated to the entire District in the District Plan. Proposed Objective: Allow maximum flexibility for Maori to develop their ancestral lands, while ensuring appropriate health, safety and amenity standards are met. Proposed Policy: To require the location and extent of built development to be determined by the physical characteristics of the land.

23 12 Whangarei District Council Non-Residential Activities Issues: Papakainga housing has a broader focus than the provision of housing. It includes developing other activities in the area. Papakainga provisions in the District Plan must also support non-residential activities such as commercial ventures, forestry, tourism and recreation activities. A holistic approach will support the sustainable management principle. Papakainga housing provisions in the plan should relate to housing and other buildings and facilities including health and education services, commercial enterprises and sports facilities. This will enable the community to benefit from employment and economic resources on site. Maori land throughout the Whangarei District will have the opportunity to develop more sustainably with employment opportunities provided for the people living on the land. Proposed Objective: Enable Maori to establish and maintain traditional settlement patterns, communities and economic development opportunities. Proposed Policy: To provide for non-residential activities of a scale, character, and intensity that is compatible with the character of the environment and the sustainable servicing capacity of the locality.

24 24 Whangarei District Council Sustainable Management Issues: Development can affect the sustainable management (including social, cultural, economic and environmental considerations) of the surrounding environment; therefore it needs to be considered as part of a wider context. Proposed Objective: Protection and enhancement of ecological, landscape, cultural and heritage and other features which are of value to the wider community. Proposed Policy: To encourage Maori to prepare Papakainga Development Plans as a guide to sustainable management of ancestral land. Papakainga developments should only occur on land that can sustain the proposed level of development. This will ensure that resources are managed effectively and development is within the maximum servicing capacity of the land. Site specific design will ensure that development is consistent with the physical site constraints and the surrounding environment. The proposed objective contextualises the site in relation to the wide community, including iwi and hapu. The proposed policy will encourage Maori to prepare a papakainga development plan as a guide to sustainable management of ancestral Maori land. This will ensure that Maori land is protected from ad-hoc and inappropriate development that could compromise the use of the site for future generations. The papakainga development plan will ensure consistency throughout the District. Development must be consistent with the environmental outcomes sought by the District Plan. The papakainga development plan guidelines/standards will be developed and implemented in Phase 2 of the papakainga project.

25 14 Whangarei District Council Further Information 7.1 Where can you get more information and make a submission? You can obtain more information about Plan Change 94 Papakainga Housing and how to make a submission from: Whangarei District Council s Customer Services counter at Forum North, Rust Avenue, Whangarei Hikurangi Service Centre 7 King Street, Hikurangi Ruakaka Service Centre Takutai Place, Ruakaka Whangarei Public Library, Rust Avenue, Whangarei Kamo Public Library, Kamo Road, Whangarei Onerahi Public Library, Commins Road, Onerahi Tikipunga Community Library, 83 Paramount Parade, Tikipunga Voluntary Community Libraries around the District Our website: Anyone can make a submission on this proposal by sending a written submission to the Council using one of the options outlined below: Post to: Whangarei District Council, Policy and Monitoring Division, Private Bag 9023, Whangarei 0148 (Fax: ), Deliver to: Whangarei District Council s Customer Services counter at Forum North, Rust Avenue, Whangarei Electronically: On our website wdc.govt.nz/submissions Submission forms are available from Whangarei District Council s Customer Services counter at Forum North, Rust Avenue, Whangarei and also at the Hikurangi and Ruakaka Service Centres. The submission must be dated, signed by you, and include the following information: 1. Your name, postal address, telephone number and fax number, address (if applicable); 2. Details of the Plan Change in respect of which you are making the submission, including location; 3. Whether you support or oppose the Plan Change; 4. Your submission, with reasons; 5. The decision you wish the Council to make; 6. Whether you wish to be heard in support of your submission; and 7. If you would consider making a joint presentation at a Council hearing with others who have lodged similar submissions to your own. Submissions on proposed Plan Change 94 Papakainga Housing close at 4pm on 27 May What happens next? We will summarise the submissions received on the proposed Plan Change, which will go on our website at govt.nz. Further submission will then be advertised, with a Council hearing to be held late 2010.

26 26 Whangarei District Council 15

27 27 Forum North, Rust Avenue, Private Bag 9023, Whangarei 0148 Phone: Fax: mailroom@wdc.govt.nz Website:

28 PKH Papakainga Housing 28 PKH.1 Description & Expectations PKH.3 Objectives The Papakainga Housing provisions provide for the development of ancestral Maori land. These provisions seek to provide opportunities for Maori land owners to develop and live on their ancestral land. It is recognised that Maori land is subject to a number of development barriers and complications that require it to be treated differently to land held in European title. In the context of the District Plan, papakainga housing does not just focus on providing for the provision of housing. Papakainga developments may also include activities such as community facilities, education, recreation and enterprise. NOTE: The papakainga housing provisions are being developed in two phases. Phase one relates to the objectives and policies, while Phase two includes the development of guidelines and standards for the Papakainga Development Plan process. The Papakainga Development Plan is intended to facilitate subdivision and development in a flexible manner while ensuring the sustainable management of natural and physical resources in an integrated way, similar to that of the management plan technique. This is currently under development and is expected to be introduced by way of a Plan Change in Rolling review of the District Plan will increase prescriptive policy. The papakainga housing provisions are only available as and when policy prescription is appropriate. PKH.2 Eligibility Papakainga Housing is a discretionary activity on ancestral Maori land that is administered under the Te Ture Whenua Maori Act On all other land papakainga housing will be a non-complying activity. The Papakainga Housing provisions remain subject to the policies and requirements provided for in the relevant Environment or Policy Area in which the land is located. NOTE: Specific standards & guidelines are currently under development as part of Phase Two. In the interim, applications will therefore be considered on a case by case basis, assessed against the objectives and policies of the District Plan. 1. For the District Plan to recognise the desire of Maori to maintain and enhance their traditional and cultural relationship with their ancestral land. 2. Provide for Papakainga development on ancestral land in a manner that is sensitive to the sustainable management of the land resource. 3. Allow maximum flexibility for Maori to develop their ancestral lands, while ensuring appropriate health, safety and amenity standards are met. 4. Enable Maori to establish and maintain traditional settlement patterns, communities and economic development opportunities. 5. Protection and enhancement of ecological, landscape, cultural and heritage and other features which are of value to the wider community. PKH.4 General Policies 6. To limit papakainga development to ancestral Maori land that is administered under the Te Ture Whenua Maori Act To require the maximum intensity and scale of Papakainga Development to be determined by the sustainable servicing capacity of the land. 8. To require the location and extent of built development to be determined by the physical characteristics of the land. 9. To provide for non-residential activities of a scale, character, and intensity that is compatible with the character of the environment and the sustainable servicing capacity of the locality. 10. To encourage Maori to prepare Papakainga Development Plans as a guide to sustainable management of ancestral land.