simpson grierson...2015/12/15 · a clean version of the updated revised proposal, only showing the...
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BEFORE THE CHRISTCHURCH REPLACEMENTDISTRICT PLAN INDEPENDENT HEARINGS PANEL
IN THE MATTER of the ResourceManagement Act 1991and the CanterburyEarthquake(ChristchurchReplacement DistrictPlan) Order 2014
= ► ~~
IN THE MATTER of the PapakaingaStage 2 Proposal
JOINT MEMORANDUM ON BEHALF OF THE CHRISTCHURCH CITY COUNCILAND TE RUNANGA O NGAI TAHU AND NGA RUNANGA AND THE CROWNREGARDING UPDATES TO THE REVISED PROPOSAL FOLLOWING THE
HEARING
1~'~,DECEMBER 2015
Simpson GriersonBarristers &Solicitors
M G Conway / C J McCallumTelephone: +64-4-924 3536Facsimile: +64-3-379 5023Email: [email protected] Box 874SOLICITORSCHRISTCHURCH 8140
MAY IT PLEASE THE PANEL
1. This Joint Memorandum is filed on behalf of the Crown (submitter #2387), Te
Runanga o Ngai Tahu (#2458) and Nga Runanga (#2821) (Ngai Tahu) and
the Christchurch City Council (Council) in relation to the Papakainga Zone
Proposal (Proposal).
2. The Hearings Panel, by way of Minute dated 3 December 2015, directed that
the Council file an updated revised proposal (preferably by Joint
Memorandum) by 5pm, Monday 14 December 2015.
3. A number of changes have been made to the revised proposal. These have
been made to:
3.1 provide a more coherent link between provisions;
3.2 ensure consistency in the language used;
3.3 reflect agreements made between the parties to this memorandum
following the hearing;
3.4 provide clarification with regard to provisions applying to only Maori
land; and
3.5 ensure consistency across the proposed Replacement District Plan.
4. The revised proposal includes cross references to the Activity Status Tables
and Standards in other chapters of the proposed Replacement Plan that the
parties to this Joint Memorandum have agreed should apply to the
Papakainga / Kainga Nohonga Zone (at 4.2.1.2). These references are to the
notified versions of these chapters, not the most recent redlined versions, and
will have to be updated as the other chapters are finalised.
5. The updated revised proposal for the Papakainga Stage 2 Proposal is
attached as Attachment A to this Joint Memorandum. A clean version of the
updated revised proposal, only showing the changes made following the
version filed during the hearing on 23 November 2015, is attached as
Attachment B.
6. The parties to this memorandum confirm that, in preparing this updated
revised proposal, they have considered the questions asked by the Panel at
the hearing, and have taken those questions into account in preparing
2
Attachments A and B. The parties will address those matters further in closing
submissions.
iSDated this ~;h day of December 2015
M G ConwayCounsel for tl
umCity Council
D van MierloOn behalf of Te Runanga o Ngai Tahu and Nga Runanga
3
Attachment A: Updated Papakainga Zone Revised Proposal
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
1
Chapter 4 Papakainga Manawhenua Pāpakainga / Kāinga
Nohoanga Zone and Overlay
Key: The following text is the Revised Proposal for the Papakainga Zone (now renamed Papakāinga / Kāinga Nohoanga Zone). It has previously been amended as a result of Council's consideration of submissions and in response to informal mediation between the Council and submitters. Those amendments are shown in underlined in black text (for inserted text) and struck through black text (for deleted text). Those amendments were filed in the Revised Proposal of 6 October 2015. The Revised Proposal has been updated as a result of Council's evidence in chief. Those amendments are shown in underlined red text (for inserted text) and struck through red text (for deleted text). The Revised Proposal has been updated again as a result of formal mediation on 29 October 2015 and in response to submitter evidence. Those amendments are shown in underlined green text (for inserted text) and struck through green text (for deleted text). The Revised Proposal has been updated as a result of discussions between the Crown, Te Rūnanga o Ngāi Tahu and Ngā Rūnanga, and the Christchurch City Council following rebuttal evidence exchange. Those amendments are shown in underlined blue text (for inserted text) and struck through blue text (for deleted text). The Revised Proposal has been updated as a result of discussions between the Crown, Te
Runanga o Ngāi Tahu and Ngā Runanga, Jan Cook and the Council following an
adjournment of the hearing and mediation on 23 November 2015. Those amendments are
shown in underlined purple text (for inserted text) and struck through purple text (for
deleted text).
The Revised Proposal has been updated as a result of evidence presented and responses
to questions from the Panel at the Hearing on 23rd and 24th November 2015. Those
amendments are shown in underlined orange text (for inserted text) and struck through
orange text (for deleted text).
In rule 4.2.2.1 Permitted Activities the equivalent Rural Banks Peninsula Zone activity is
referenced in [orange] and can be deleted in due course.
The submission providing scope for each of the changes is shown in square brackets following the change itself.
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
2
Chapter 4 Papakainga Manawhenua Papakāinga / Kāinga
Nohoanga Zone and Overlay
[Name change requested through mediation by MKT]
4.1 Objectives and Policies
4.1.1 Objective - Rangitiratanga and Kaitiakitanga [#2485.187 MKT]
Ngai Tahu Manawhenua within the District are able to exercise Kaitiakitanga over land in Papakainga
zones, to the fullest extent practicable, subject to health, safety and amenity standards. Manawhenua
Papakāinga / Kāinga Nohoanga zones and overlays facilitate and enable:
a) Ngāi Tahu whanau and other authorities to develop and use its ancestral land to
provide for kāinga nohoanga and their economic, social and cultural well-being and to
exercise kaitiakitanga; and over that land.
b) All landholders to use or develop land for activities appropriate in a rural area.
Development of other land for rural purposes [#2458.187 MKT; #2387.38]
4.1.1.1 Policy - Provision for a Range of Residential and Non-Residential
Activities
Provide for Enable the use and development of land held as under Māori Land, administered
through Te Ture Whenua Maori Act 1993, for a range of residential and non-residential activities
in Papakainga zones accordance with tikanga Māori, including kāinga nohoanga and mahinga
kai, to support the social, cultural and economic aspirations of Manawhenua mana whenua.
[#2458.193 MKT]
4.1.1.2 Policy - Sustainable Development Management [#2458.194 MKT]
Encourage Manawhenua to take account of the Nga Kaupapa (policies) in the Mahaanui Iwi
Management Plan policies for their area, and to work with Council and technical experts if required to
eEnsure that and other Land use and development is undertaken sustainably, in ways which
ensure: promotes integration of land use with infrastructure and takes adequate account of:
a. Integration of land use with infrastructure in a manner appropriate to the site and
development;
b. For the use of land for papakāinga/kāinga nohoanga, Tthe exercise of kaitiakitanga and
tikanga Māori, including in the design and layout of buildings, facilities and activities;
[#2458.194 MKT]
c. The Nga Kaupapa (policies) in the Mahaanui Iwi Management Plan 2013; [#2387.40
CERA, #2159.13 Mitchell; #2469.8 Dickie]
d. The physical characteristics of the land;
e. The Effects of natural hazards, including land instability and flooding, and potential
liquefaction are avoided or mitigated to an acceptable level of risk;
f. Servicing constraints, particularly in regard to water supply and sewage disposal;
g. Traffic likely to be generated, and safety and access issues, particularly on roads of rural
standard;
h. Maintenance of the privacy and amenity values of adjoining landowners;
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
3
i. [Outstanding natural landscapes and features, coastal natural character areas, and significant
landscapes, and sites of Ngai Tahu cultural significance [#2249.17 CRC]. The
requirement for this policy will be reconsidered by the Panel as part of its further
hearing of relevant proposals.]
j. The appropriateness of the development with respect to detraction from the direct
adverse effects on amenity values of neighbouring zones properties considering the
adjoining land, form and density of development. [#2458.194 MKT; #2159.12 Mitchell]
4.1.1.3 Policy - Minimise Adverse Effects on Neighbouring Zones
Ensure that buildings and activities undertaken within Papakainga Zones are in accordance with
tikanga Maori as well as do not detracting from the amenity values of neighbouring zones.
[#2458.193 MKT; #2467.35 Zweis; #2469.7 Dickie]
4.1.1.43 Policy - Future Development
Support the Manawhenua application of the Papakāinga / Kāinga Nohoanga zone and overlay
in other locations where it facilitates enables the use and development of traditional areas of
importance to Ngāi Tahu ancestral land whanui for a range of residential and non-residential
activities in accordance with tikanga Māori, to provide for their support the social, cultural and
economic well-being of Ngāi Tahu whanui.
[#2458.191 MKT]
4.1.1.5 Policy - Nga Hau E Wha National Marae
Recognise the importance of Nga Hau E Wha National Marae as a major focal point for Maori
and its ability to support social, cultural, and economic development, as well as enhancing
understanding between all people, through the understanding of tikanga Maori.
[#2387.37 CERA]
4.1.1.6 Policy - Manawhenua Papakīnga / Kainga Nohoanga Overlay
Enable Maori land, as defined in Te Ture Whenua Maori Act 1993, to be used and developed
through a comprehensive approach that identifies constraints and development opportunities.
[#2458.184 MKT; #2197.4 Morgan; #2159.3 Mitchell; #2467.3,29 Zweis; #2241.1 Cook &
Brailsford; #2493.2 Little River Issues Working Party; #2157.3 Abbott & Richter; 2503.1
Roberts]
4.1.1.4 Policy - Rural Activities
Development of other land is consistent with all Rural Zone Policies within the context of the
objective and policies applying to this zone.
In addition to 4.1.1.1, enable rural activities on any land in a manner that is consistent with the
Rural Banks Peninsula Zone provisions.
4.1.1.5 Policy – Coordinated approach to development
On Māori land, encourage an comprehensive and integrated approach to the development of
land for papakāinga / kāinga nohoanga for larger scale developments or where there are
multiple resource consents are required matters, including through the use of a
comprehensive coordinated development plan.
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
4
4.2 Rules
4.2.1 How to Use the Rules
4.2.1.1 The rules that apply to activities in the Papakainga Manawhenua Papakāinga /
Kāinga Nohoanga Zone are contained in:
a. The Activity Status Tables below and in Rules 4.2.2.1, 4.2.2.2, 4.2.2.3,
and 4.2.2.4;
i. For Maori Communal Land in 4.2.2.1;
ii. For Maori Administered Land in 4.2.3.1, 4.2.3.2, and 4.2.3.3;
iii. For General Land 4.2.4.1, 4.2.4.2, 4.2.4.3, 4.2.4.4, and 4.2.4.5;
and
b. Built Form Standards for permitted activities in 4.2.454
4.2.1.2 The rules that apply to activities in the Manawhenua Papakāinga / Kāinga
Nohoanga Overlay are contained in:
a. The Activity Status Tables below in Rules 4.2.3.1, 4.2.3.2, 4.2.3.3,
4.2.3.4, and 4.2.3.5;
b. Built Form Standards in 4.2.4
4.2.1.2
32
The Activity Status Tables and Standards in the following chapters also apply to
activities in all areas of the Papakainga Manawhenua Papakāinga / Kāinga
Nohoanga Zone and Manawhenua Papakāinga / Kāinga Nohoanga Overlay
(where relevant) [in relation to these chapters, where only some provisions are
going to apply, a list will be provided once decisions have been made]:
5 Natural Hazards (entire chapter);
6 General Rules and Procedures (rules TBC) (Rule 6.1 Noise;
6.3 Outdoor Lighting and Glare; 6.6 Water Body Setbacks;
6.8 Signs);
7 Transport (rules TBC) (Rules P7 Access design; P8 Vehicle
crossings; P9 Location of buildings and access in relation
to road/rail crossings; P10 High trip generators);
8 Subdivision, Development and Earthworks (rules TBC
through Stage 2);
9 Natural and Cultural Heritage (rules TBC through Stage 3);
11 Utilities, Energy and Infrastructure - Rural references apply
(rules TBC);
12 Hazardous Substances and Contaminated Land (rules TBC);
and
19 Coastal Environment (rules TBC through Stage 3).
4.2.1.3
43
Note: Permitted activities under this chapter of the Plan may still require consent
under the chapters above, as well as building consents and consents from other
agencies.
[Name change requested through mediation by MKT]
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
5
4.2.2 Activity Status - Māori Land Status - Manawhenua Papakāinga
/ Kainga Nohoanga Zone Māori Communal Land [Name change requested
through mediation by MKT]
Māori Communal Land means land set apart as Maori reservation in accordance with s338 Te
Ture Whenua Maori Act 1993 (Note - Definition to be relocated to Chapter 1)
4.2.2.1 Permitted Activities
In the Papakainga Manawhenua Papakāinga / Kainga Nohoanga Zone on Māori Communal
Land On land held as Māori Reservation for Communal Purposes under s338 of Te Ture
Whenua Māori Act 1993, the activities listed below are permitted activities if they:
a) are located on land reserved for communal purposes and are included within the
Gazette notice issued by the chief executive Te Puni Kōkiri; and
b) comply with Activity Specific Standards set out in this table and Built Form the Sstandards
for permitted activities in Rule 4.2.45.
Activity Activity Specific Standards
P1 Village site, marae, meeting place, recreation ground,
sports ground, bathing place, church site, building site,
burial ground, landing place, fishing ground, spring, well,
timber reserve, catchment area or other source of water
supply, or place of cultural, historical, or scenic interest,
or for any other specified purpose.
1. Nil
4.2.3 Activity Status - Māori Administered Land
Māori Administered Land means Maori customary or Maori freehold land as defined in s2 &
s129 Te Ture Whenua Maori Act 1993 (Note - Definition to be relocated to Chapter 1)
4.2.3.1 Permitted Activities
In the Papakāinga / Kāinga Nohoanga Zone on Māori Administered Land On land which is held
as Māori Land under Te Ture Whenua Maori Act 1993, the activities listed below are permitted
activities if they comply with Activity Specific Standards set out in this table and Built Form S
the Built Form Standards standards for permitted activities in Rule 4.2.54.
Activities may also be Controlled, Restricted Discretionary, or Discretionary or Non Complying as
specified in Rules 4.2.232.2,and 4.2.232.3 and 4.2.2.4, 4.2.2.4 and 4.2.2.5.
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
6
Activity Activity Specific Standards
P1 Marae Complexes,
including wharenui,
wharekai, manuhiri
noho (guest
accommodation with or
without tariff) and
associated accessory
buildings
1. Nil
P2 Residential Activity [P7
of RuBP],
including minor
residential units [P9,
RD3 & RD8 of RuBP],
and kaumatua units.
1. Nil
P3 Home occupations [P10
of RuBP]
1. Nil
P4 Relocation of or
repairs, replacement
and/or additions
to [P8 of RuBP]
residential units
1. Nil
P5 Community
activities and
associated facilities
[P16 of RuBP, RD10 of
RuBP], including Whare
Hauora (Health care
facilities)
1. Nil Maximum of 500m2 of GLFA per facility
P6 Kohanga Reo (Pre-
School
activity and facilities)
and Kura Kaupapa
(Education
activity and facilities)
1. Nil Maximum of 500m2 of GLFA per facility
P7 Hakinakina (Recreation
activities and facilities)
[P12 of RuBP]
1. Nil Maximum of 500m2 of GLFA per facility
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
7
Activity Activity Specific Standards
P8 Ahuwhenua (Farming)
[P1 of RuBP] including
Huawhenua
(Horticulture),
and Existing forestry,
Plantation forestry, and
Intensive farming.,
Rural produce
manufacturing [P4 of
RuBP] and Existing
forestry. [P5 of RuBP]
1. Nil for all activities other than plantation forestry
2. Plantation forestry activity shall be limited to a
maximum planted are of 1ha per site.
[#2458.201 MKT]
P9 Plantation forestry 1. Plantation forestry activity shall be limited to a
maximum planted area of 1ha per site.
2. Plantation forestry activity to be at least 30m from
a zone boundary. [#2458.201 MKT]
P9 Fish farming and
aquaculture
1. Nil
[#2458.201 MKT]
P910 Urupa 1. Nil
P101 Whare hoko
(Convenience
Activities), including
Rural produce retail
[P3 of RuBP] and
Arumoni (Commercial
Services), including
Veterinary care
facilities [P19 of
RuBP] and Rural
tourism activity [P14
of RuBP])
1. Maximum of 100m2 GLFA per business.
P112 Offices (including
justice facilities)
1. Maximum of 100m2 GLFA per business except at Nga
Hau e Wha, where there shall be no maximum
GLFA.
P123 Makete (Markets) 1. Not exceeding one event per week
P13 Farm building [P2 of
RuBP].
1. Nil
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
8
Activity Activity Specific Standards
P14 Conservation
activities [P11 of
RuBP], including New
access tracks [P17 of
RuBP]
1. Nil
P15 Farm Stay [P13 of
RuBP]
1. Nil
P156 Emergency services
facilities [P18 of
RuBP]
1. Nil Maximum of 100m2 GLFA per building.
P167 Heli-landing area [P20
of RuBP]
1. Shall be located on a minimum nominated land
area of 3,000m2
P178 Flood protection
activities, including
planting of exotic
trees, earthworks and
structure, undertaken
by Christchurch City
Council or Canterbury
Regional Council
1. Nil
P189 Public amenities [P22
of RuBP]
1. Maximum of 100m2 GLFA per building.
P1920 Mahinga kai 1. Nil
P201 On land held as Māori
Reservation for
Communal Purposes
under s338 of Te Ture
Whenua Māori Act
1993, any activity
specified in the
Gazette notice and
any ancillary activity.
1. Nil
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
9
4.2.2.2 Controlled Activities
There are no controlled activities
4.2.232.23 Restricted Discretionary Activities
The activities listed in the table below are restricted discretionary activities
Activity The Council’s discretion shall be
limited to the following matters.
RD1 Any permitted activity which does not
comply with any one or more of the
Activity Specific Standards in 4.2.2.1
Any application arising from this rule
will not require written approvals and
shall not be publicly or limited
notified [#2467.7 Zweis]
a. Relevant Matters of Discretion
in 4.3
RD2 Any permitted activity which does not
comply with any one or more of the Built
Form Standards for Permitted Activities
in Rule 4.2.2.3 [#2387.41 CERA]
Any application arising from non-
compliance with this rule will not
require written approval and shall
only be limited notified to directly
abutting land owners and occupiers
who have not given their written
approval [#2467.7 Zweis]
Any application arising from non-
compliance with Built Form Standard
4.2.4.5 will not require the written
approval of any entity except the New
Zealand Fire Service Commission
with respect to Built Form Standard
4.2.4.5 and shall not be fully publicly
notified. Limited notification if
required shall only be to the New
Zealand Fire Service Commission
only in respect to Built Form
Standard 4.2.4.5.
[#2387.45 CERA]
a. Relevant Matters of Discretion
in 4.3
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
10
Activity The Council’s discretion shall be
limited to the following matters.
RD3 Any controlled, restricted
discretionary, discretionary or non-
complying activity in Chapters 5, 6.1 -
6.7 and 6.9 - 6.10, 7 8, 9, 11, 12 and 19.
Any application arising from this rule,
except in relation to Chapter 6 and 7,
will not require written approvals and
shall not be publicly or limited
notified except in relation to Chapter
6 and 7.
Any application arising from this rule
in relation to Chapter 6 and 7 shall
require written approvals and/or be
publicly notified as set out in relevant
rule.
a. Relevant Matters of Discretion
in Chapters 5, 6, 7 8, 9, 11, 12
and 19 for that activity.
b. Relevant Objectives and
Policies in Chapters 4, 5, 6, 7 8,
9, 11, 12 and 19 for that activity.
RD4 Any controlled, restricted
discretionary or discretionary activity
in Chapter 6.8
Any application arising from this rule
shall require written approvals and/or
be publicly notified as set out in
relevant rule.
Note: For Non-complying activities
see Rule 4.2.2.5
a. Relevant Matters of Discretion
in Chapter 6
b. Relevant Objectives and
Policies in Chapter 6
RD345 Boarding of domestic animals [RD4 of
RuBP]
a. Relevant Matters of Discretion
in 4.3; and
b. Intensive farming, Equestrian
facilities and Boarding of
domestic animals in 17.8.2.3
RD456 Equestrian facility [RD5 of RuBP] a. Relevant Matters of Discretion
in 4.3; and
b. Intensive farming, Equestrian
facilities and Boarding of
domestic animals in 17.8.2.3
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
11
Activity The Council’s discretion shall be
limited to the following matters.
RD3567 Intensive farming [RD6 of RuBP] a. Relevant Matters of Discretion
in 4.3; and
b. Intensive farming, Equestrian
facilities and Boarding of
domestic animals in 17.8.2.3
[#2458.201 MKT]
RD678 Plantation forestry [RD7 of RuBP] a. Plantation forestry in 17.8.2.4
RD4 The development of land identified as
Maori owned (as defined in Te Ture
Whenua Maori Act 1993) and in the
Manawhenua overlay
Outline Development Plan matters in
4.3.7
[#2458.184 MKT; #2197.4 Morgan;
#2159.3 Mitchell; #2467.3,29 Zweis;
#2241.1 Cook & Brailsford; #2493.2
Little River Issues Working Party;
#2157.3 Abbott & Richter]
4.2.23.34 Discretionary Activities
Activity The Council will consider any matters under section 104 of
the Act, including:
D1 Land based activities
directly associated
with fishing and
aquaculture
Relevant matters of discretion in 4.3, including those
in 4.3.4 and 4.3.5
[#2458.201 MKT]
D21 Administrative
activities which
provide services
and/or employment
to Manawhenua.
a. Relevant matters of discretion in 4.3, including
those in 4.3.4 and 4.3.5
Activity
D1 Any other activity not listed as a permitted, controlled, or restricted discretionary,
or non-complying or discretionary activity.
Note; There are no discretionary activities in respect of Rule 4.2.2
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
12
4.2.2.45 Non Complying Activities
Note; There are no non-complying activities in respect of Rule 4.2.4
Activity
NC1 Any activity listed in 6.8.3.4 NC1 and NC2
Activity
NC1 Any other activity not listed as a permitted, restricted discretionary or discretionary activity.
NC2 a. Sensitive activities and buildings (excluding accessory buildings associated with an existing activity):
i. Within 10 metres of the centre line of a 66kV National Grid transmission line or within 10 metres of a foundation of an associated support structure
ii. Within within 10 metres of the centre line of a 66kV electricity distribution line or within 10 metres of a foundation of an associated support structure.
b. Fences within 5 metres of a National Grid transmission line support structure foundation or 5 metres of a 66kV electricity distribution line support structure foundation.
Notes:
1. Any application made in relation to this rule shall not be publicly notified or limited notified other than to Transpower New Zealand Limited and or Orion New Zealand Limited.
2. Vegetation to be planted around the National Grid or electricity distribution lines should be selected and/or managed to ensure that it will not result in that vegetation breaching the Electricity (Hazards from Trees) Regulations 2003.
3. The New Zealand Electrical Code of Practice for Electrical Safe Distances (NZECP 34:2001) contains restrictions on the location of structures and activities in relation to National Grid transmission lines and electricity distribution line. Buildings and activities in the vicinity of National Grid transmission lines or electricity distribution lines must comply withthe NZECP 34:2001.
[#2387.55 Crown] [2340.16 Orion]
4.2.343 - Activity Status Table - Manawhenua Papakāinga / Kāinga
Nohoanga Overlay General Other Land
General Land means general land owned by Maori, general land, Crown land and Crown land
reserved for Maori as definied in s2 & s129 Te Ture Whenua Maori Act 1991 (Note: Definition to
be relocated to Chapter 1)
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
13
4.2.343.1 Permitted Activities - Manawhenua Papakāinga / Kāinga Nohoanga
Overlay
In the Manawhenua Papakāinga /Kāinga Nohoanga Overlay Zone, on land which is not held as
Māori Land, General Land, the activities listed below are permitted activities if they comply
with the Activity Specific Standards and Built Form Standards in Rule 4.2.45 of the Rural
Banks Peninsula Zone [#2485.197 MKT].
Note: The Built Form Standards in Rule 4.2.4 do not apply to 4.2.3
Activities may also be Controlled, Restricted Discretionary, Discretionary, or Non-Complying,
or Prohibited as specified in Rules 4.2.4343.2, 4.2.4343.3, and 4.2.4343.4 and 4.2.43.5, and
4.2.3.6.
Activity Activity Specific Standards
P1 Any Permitted Activity in the Rural Banks Peninsula Zone
a. The relevant standards in the Rural Banks Peninsula Zone
P2 Residential Activity, including minor residential units and kaumātua units
a. Up to 6 units per site [#2458.197 MKT]
4.2.3.2 Controlled Activities
Activity The Council’s control shall be limited to the
following matters.
C1 Any Controlled Activity in
the Rural Banks Peninsula
Zone
a. The relevant matters in the Rural Banks
Peninsula Zone
4.2.343.23 Restricted Discretionary Activities - Manawhenua Papakāinga /
Kainga Nohoanga Overlay
Activity The Council’s discretion shall be limited to the
following matters.
RD1 Any Restricted
Discretionary Activity in
the Rural Banks Peninsula
Zone
b. The relevant matters in the Rural Banks
Peninsula Zone
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
14
RD2 The development of Maori
Land land identified as
Maori owned (as defined
in Te Ture Whenua Maori
Act 1993).
a. Outline Development Plan matters in 4.3.7
[#2458.184 MKT; #2197.4 Morgan; #2159.3 Mitchell;
#2467.3,29 Zweis; #2241.1 Cook & Brailsford;
#2493.2 Little River Issues Working Party; #2157.3
Abbott & Richter]
4.2.343.34 Discretionary Activities - Manawhenua Papakāinga / Kainga
Nohoanga Overlay
Activity The Council will consider any matters under
section 104 of the Act, including:
D1 Any Discretionary Activity in
the Rural Banks Peninsula
Zone
a. The relevant matters in the Rural Banks
Peninsula Zone
4.2.343.45 Non-Complying Activities - Manawhenua Papakāinga / Kainga
Nohoanga Overlay
Activity
NC1 Any Non-Complying Activity in the Rural Banks Peninsula Zone
4.2.343.456 Prohibited Activities - Manawhenua Papakāinga / Kainga Nohoanga
Overlay
Activity
PR1 Any Prohibited Activity in the Rural Banks Peninsula Zone
4.2.3454 Built Form Standards – Māori Land in the Papakainga
Manawhenua Papakāinga / Kāinga Nohoanga Zone and Overlay
4.2.345.1 Recession Planes
a. The recession plane requirements for all buildings shall be those for the Rural Banks
Peninsula Zone, and applied at the legal boundary of any property where it adjoins
other property which is not held in the same ownership, excluding roads.
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
15
a. For any sites adjacent to a Residential Zone, buildings Building [J Cook & D Brailsford
#2241.2; J Reeves #2145.3 & 11] and structures (including outdoor storage areas)
[#2159.43-44 Mitchell; #2469.25 Dickie] shall not project beyond a building envelope
constructed by recession planes, as shown in the diagram relevant to the adjacent
Residential Zone in Appendix 14.10.2, from points 2.3m above the internal boundary.
[#2458.193 MKT]
ba. For all other sites, buildings For land identified as Maori Communal Land, bBuildings
and structures (including outdoor storage areas) [#2159.43-44 Mitchell] shall not
project beyond a building envelope constructed by a 45 degree recession plane, from
points 2.3m above the internal zone communal land boundary. [#2458.193 MKT]
b. For Māori Administered Land and General Land, there shall be no recession plane.
c. For the Nga Hau E Wha site, buildings and structures (including outdoor storage areas)
[#2159.43-44 Mitchell; #2469.25 Dickie] shall not project beyond a building envelope
constructed by recession planes, as shown in Appendix 14.10.2 Diagram A, from
points 2.3m above the internal boundaries. [#2458.193 MKT]
Note: There is no recession plane requirement for sites boundaries that are adjacent to
other sites within the located in the Papakainga Manawhenua Papakāinga / Kainga
Nohoanga zoned sites that adjoin only sites that are not zoned Residential. [#2458.193
MKT]
4.2.3454.21 Internal Boundary Setback
a. For land identified as Maori Communal Land, the mMinimum setback from
internal boundaries for buildings and structures (including outdoor storage areas)
[#2159.43-44 Mitchell; #2469.25 Dickie] on the zone communal land boundary shall be
1.8m that of zone for the adjacent site1.8m. [#2458.193 MKT]
b. For Māori Administered Land and General Land, The minimum setback from internal
boundaries for buildings and structures shall be 10m and shall apply at the legal
boundary of any property where it adjoins another property which is not held in the same
ownership or used for the same development. it the land on which the building or
structure is located.
b. For the Nga Hau E Wha site, the minimum setback from internal boundaries for
buildings and structures (including outdoor storage areas) [#2159.43-44 Mitchell;
#2469.25 Dickie] shall be 1.8m. [#2458.193 MKT]
Note: There is no internal boundary setback requirement for site boundaries that are
adjacent to other sites within the Papakāinga / Kainga Nohoanga Manawhenua zoned
sites. [#2458.193 MKT]
4.2.3454.32 Road Boundary Setback
a. The mMinimum setback distance for any building from the road boundary for Māori Communal
Land, Māori Administered Land and General Land, shall be 15m. 4.5m that of the zone for
the adjacent zone 15m.
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
16
b. For sites with multiple adjacent zones, the minimum setback distance from the
road boundary shall be the largest setback of the adjacent zones.
c. For Nga Hau E Wha, the minimum setback distance from the road boundary shall be
4.5m.
Note: There is no road boundary setback requirement for sites that are adjacent to only
Manawhenua zoned sites. [#2458.193 MKT]
4.2.3454.43 Building Height
[#2285.36 Akaroa Civic Trust; #2241.3 Cook & Brailsford; #2145.4,12 Reeves; #2467.19 Zweis,
#2159.36-38 Mitchell; #2469.22 Dickie]
a. For land identified held as Maori Reservation for Communal Purposes under s338 of Te
Ture Whenua Maori Act 1993 as Maori Communal Land, there shall be no maximum
building height for activities ancillary to the purpose for which the land is reserved.
Maximum height of any building shall be that of the adjacent zone.
b. For all other land Māori Administered Land and General Land, tThe maximum height of
any building shall be 7.59m. sites with multiple adjacent zones, the maximum height of
any building shall be the smallest maximum height of the adjacent zones. This standard
shall not apply to art, carvings or other cultural symbols fixed to Māori Land or to
buildings erected on Māori Land.
c. For Nga Hau E Wha, the maximum height of any building shall be 8m.
Note: There is no maximum building height for sites that are adjacent to only
Manawhenua zoned sites. [#2387.47 CERA]
4.2.3454.54 Maximum zone coverage
[#2285.36 Akaroa Civic Trust; #2241.3 Cook & Brailsford; #2145.4,12 Reeves; #2467.19 Zweis,
#2159.36-38 Mitchell; #2469.22 Dickie]
a. For land identified as Maori Communal Land and Maori Administered Land, tThe
mMaximum percentage of the zone covered by all buildings building coverage shall be
50% 35% of the legal boundary of any property.
b. For other land General Land, the maximum percentage of the land covered by all
buildings coverage shall be 10% or 2,000m2, whichever is lesser.
4.2.454.565 Water supply for firefighting
a. Provision for sufficient water supply and access to water supplies for firefighting shall be
made available to all buildings (excluding accessory buildings that are not habitable
buildings) via Council’s urban reticulated system (where available) in accordance with the
New Zealand Fire Service Firefighting Water Supplies Code of Practice (SNZ PAS:
4509:2008).
b. Where a reticulated water supply compliant with SNZ PAS:4509:2008 is not available, or
the only supply available is the controlled restricted rural type water supply which is not
compliant with SNZ PAS:4509:2008, water supply and access to water supplies for
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
17
firefighting shall be in accordance with the alternative firefighting water sources
provisions of SNZ PAS 4509:2008.”
[#2387.44 CERA]
4.3 Matters of Discretion - Papakāinga / Kāinga Nohoanga Zone and
Overlay
4.3.1 Recession Planes
a. Any visual dominance over adjoining properties.
b. Effects on amenity of adjoining properties, including daylight and sunlight admission.
c. Any loss of privacy for adjoining properties through overlooking.
a. Any effect on amenity of adjoining properties, including visual dominance, daylight and
sunlight admission, and loss of privacy from overlooking. [#2387.42 CERA]
b. Opportunities for landscaping and tree planting, as well as screening of buildings.
4.3.21 Internal Boundary Setback
a. The extent to which the site layout and use of spaces maintains for adjoining properties
adequate levels of privacy and outlook, taking into account:
ai. The need to enable an efficient, practical and/or pleasant use of the remainder of the site;
bii. The need to provide future occupants with adequate levels of daylight and outlook from
internal living spaces;
ciii. The need to provide future occupants with adequate levels of privacy from neighbouring
residential units or sites;
div. Adequate separation distance from any existing direct facing windows or balconies (within
the site or on adjoining sites) or to ensure appropriate levels of privacy are maintained;
ev. Any adverse effects of the proximity or bulk of the building in terms of loss of access to
daylight on and outlook from adjoining sites; and
f. Any adverse effects, in terms of visual dominance by buildings of the outlook from adjoining
sites and buildings. [#2387.48,1058 CERA]
4.3.32 Road Boundary Setback
a. Any loss of privacy for adjoining properties through overlooking.; and
b. Alternative practical locations for the building on the site.
c. For land other than Maori Land, tThe compatibility of the building in terms of appearance,
layout and scale of other buildings and sites in the surrounding area.
d. For land other than Maori Land, aAny detraction from the openness of the site to the
street, or any visual dominance over the street.
4.3.763 Building Height
a. The extent to which an increase in building height and any associated increase in the scale and
bulk of the building:
i. reflects its cultural and functional requirements both for the building itself and the use
of the zone; and
ii. affects amenity values of adjoining properties, resulting from visual dominance, loss
of daylight and sunlight admission, and loss of privacy from overlooking;
iii. for land other than Maori Land, is visually mitigated through the topography,
location, design and appearance of the building; and
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
18
iv. for land other than Maori Land, is compatible with the scale, proportion and
context of buildings and activities in the surrounding area. [#2285.36 Akaroa Civic Trust; #2241.3 Cook & Brailsford; #2145.4,12 Reeves; #2467.19
Zweis, #2159.36-38 Mitchell; #2469.22 Dickie]
4.3.874 Zone Coverage
a. Whether the additional coverage of the zone with buildings is appropriate to its context
taking into account:
i. The function of the building to support Ngai Tāhu whanau to deliver
economic, social and cultural development;
ii. The extent to which the topography and the location, scale, design and
appearance of the building, landscaping, natural features or existing
buildings mitigate the visual effects of additional buildings; and
iii. Any loss of privacy or other amenity values to adjoining residents and the
effectiveness of any mitigation measures.
[#2285.36 Akaroa Civic Trust; #2241.3 Cook & Brailsford; #2145.4,12 Reeves; #2467.19 Zweis,
#2159.36-38 Mitchell; #2469.22 Dickie]
4.3.81085 Water supply for firefighting
a. Whether sufficient firefighting water supply is available to ensure the health and safety
of the community, including neighbouring properties.
[#2387.46 CERA]
4.3.46 Traffic Generation and Access
a. The extent to which the traffic generated is appropriate to the character, amenity, safety and
efficient functioning of the access and road network in the area;
b. The ability to mitigate any adverse effects of the additional traffic generation;
c. The location of the proposed access points in terms of road and intersection efficiency and
safety, including availability or otherwise of space on the road for safe right hand turning into the
site; and
d. Any significant increase in glare from headlights;
e. Any marked reduction in the availability of on-street parking.
4.3.57 Scale of Non-Residential Business Activity
a. The extent to which increased scale is appropriate in the context of the surrounding environment
taking into account:
ai. Hours of operation;
bii. Traffic or pedestrian movements generated;
ciii. Any adverse effects, in terms of unreasonable [#2456.6-7 Environmental Noise
Analysis and Advice Service] noise, and loss of privacy, which would be inconsistent
with the respective environments; and
div. The compatibility of the scale of the activity and the proposed use of the buildings
with the scale of other buildings and activities in the surrounding area;
e. Extent to which the activity serves the needs of residents in the surrounding area;
fiv. The extent to which the business contributes to the local employment and the economic
base of Manawhenua and/or the needs of residents in the surrounding area.
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
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4.3.6 Intensive Farming a. The extent to which the activity takes into account:
i. Number and type of animals
ii. Building design, including soundproofing and ventilation
iii. Effluent management and disposal
iv. Prevailing climatic conditions and topography of the site and surrounding
area that may affect odour and noise generation
v. The frequency and nature of management and supervision
vi. The sensitivity of the receiving environment.
b. The extent to which the scale of the operation and location of associated building/s
maintain the character and amenity value of the surrounding area, including relevant
zone Built Form Standards. [#2387.8 CERA General]
4.3.79 Outline Development Plan
An Outline Development Plan for the development of land identified in the overlay should:
a. have the approval of nga runanga;
b. support the objectives and policies of the Mahaanui Iwi Management Plan 2013 and the
Papakāinga / Kāinga Nohoanga zone and overlay;
c. integrate with and expand on the activities and buildings located within the Papakāinga
/ Kāinga Nohoanga zone and existing community infrastructure, business and
residential activities [#2159.3, .11 & .14 VJ & SC Mitchell]; and
d. complement the surrounding area while providing for the following matters, if
applicable:
i. the avoidance, remedy or mitigation of natural hazards;
ii. the mitigation of any anticipated adverse environmental effects, including
reverse sensitivity effects on nearby rural activities [#2159.3, .11 & .14 VJ & SC
Mitchell];
iii. the proposed utilities (including water supply for firefighting) to serve the site;
[#2387.46 CERA]
iv. the proposed integration and connection of future activities with the existing
activities within the zone;
v. the proposed accesses to the site and connections to the surrounding network,
such as any internal roading, public transport, cycleway, walkway layouts;
vi. any staging of the development;
vii. any possible future development;
viii. the proposed activities in the zone, such as residential, community, school,
business and recreation;
ix. the proposed location, design and siting of any large buildings;
x. the design and location of any landscaping, fencing or signage on the external
boundaries of the site; and
xi. the management of any sites or areas within the zone overlay which are
protected in the District Plan.
[#2458.195 MKT]
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
20
Other Chapter Changes
Chapter 6
6.1 Noise
6.1.4.1.1.1 Permitted Activities
Table 1
Zone Time
(hrs)
Permitted
LAeq LAmax
a. All Residential Zones
b. Rural Zone, except Rural Quarry Zone, measured at any notional boundary
c. Rural Quarry zone, measured at any notional boundary outside the Rural
Quarry zone
d. Specific Purpose (Flat Land Recovery) Zone
e. Papakāinga / Kāinga Nohoanga Zone
0700-
2200
50 75
2200-
0700
40 65
6.6 Water Body Setbacks
6.6.3.4 Cultural values and practices
a. Any beneficial or adverse effects on mahinga kai or customary harvesting.
b. Any beneficial or adverse effects on wahi tapu or wahi taonga.
c. The degree to which the proposal has regard to the objectives and policies of the Mahaanui
Iwi Management Plan.
d. Any adverse effects on sites of archaeological significance or historic heritage.
e. The degree to which the proposal on Māori land in the Papakāinga / Kāinga Nohoanga
Zone is in accordance with Tikanga Māori.
6.8 Signs
6.8.3.1 Permitted Activities
P10 Any sign on Māori land in the Papakāinga / Kāinga
Nohoanga Zone except flashing, illuminated,
intermittently illuminated, with moving
components, billboards, captive balloons or blimps,
or off-site signs [Rule 6.8.3.4 NC1 & NC2]
a. NIL
6.8.4.2 Signs attached to buildings
Total maximum
area of signs
per building
Maximum
height above
ground level at
top of sign
Additional controls
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
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Residential
Zones
0.5m2 OR as
specified in
activity status
table for
permitted non-
residential
activities in
Chapter 14
Residential
Zones.
4m or façade
height, whichever
is lower
1. Any sign displayed on wall surfaces,
including individual lettering, shall be
integrated with the design of the
building (e.g placed wholly between
projecting features such as fins) and
shall not obscure any window, door
or architectural feature, visible from
the exterior of the building (See
diagram 3 in 6.11.8 Appendix A).
2. Where a sign, including a flag,
extends over part of a Transport
Zone the lowest part of the sign shall
be located minimum 2.6m above
ground.
Visitor
Accommodation
Zone
Papakainga
Small
Settlements
6.8.4.4 Free-standing signs
Residential, Visitor
Accommodation,
Open Space and
Rural Zones
Number
of Signs
per Site
Area Maximum
Height
above
ground
level
Additional Controls
Residential Zones 1 0.2m2 (OR as
specified in activity
status table for
permitted non-
residential activities
in Chapter 14
Residential zones).
4m Where a free-
standing sign, including a
flag, extends over part of a
Transport Zone the lowest
part of the sign shall be
located minimum 2.6m
above ground.
Visitor Accommodation
Papakainga
Small Settlements
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
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Chapter 8 Subdivision, Development and Earthworks
8.8.2 Permitted Activities: Earthworks
Table 1: Maximum volumes - earthworks
Zone/Overlay Volume
Rural and Papakāinga /
Kāinga Nohoanga
Rural zones (excluding
excavation and filling
associated with quarrying
activities)
100m3/ha
Joint Memorandum dated 15 December 2015 Attachment A – Updated Pāpakainga Zone Revised Proposal
23
Chapter 2 Definitions
A definition of Māori Land is provided to enable the rules to be understood and will be included in alphabetical order in Chapter 2 - Definitions. Māori Land means land with the following status:
a) Maori communal land gazetted as Maori reservation under s338 Te Ture Whenua Maori Act 1993; and
b) Maori customary land and Maori freehold land as defined in s4 and s129 Te Ture Whenua Act 1993
An explanation of the term Papakāinga / Kāinga Nohoanga is to be included in alphabetical order in Chapter 1 - Introduction. Papakāinga / Kāinga Nohoanga Papakāinga can be used to describe traditional forms of Māori communal living on ancestral or tribal lands. Papakāinga developments usually involve housing and marae facilities, but in its true sense, also includes a raft of facilities and activities associated with whanau or hapu providing for their social, cultural and economic well-being on tribal land. Papakāinga development is defined in the New Zealand Coastal Policy Statement 2010 as 'development of a communal nature on ancestral land owned by Māori'. Ngāi Tahu uses the term kāinga nohoanga to describe their traditional areas of communal living on tribal lands. Hence the term 'Papakāinga / Kāinga Nohoanga' has been applied to the name of the zone
in Chapter 4 to recognise the general use of the term 'papakāinga' in resource management
planning and the Ngāi Tahu term 'kāinga nohoanga'.
Attachment B: Updated Papakainga Zone Revised Proposal (Clean Version)
Joint Memorandum dated 15 December 2015 Attachment B – Updated Pāpakainga Zone Revised Proposal (Clean Version)
1
Chapter 4 Pāpakainga / Kāinga Nohoanga Zone
Key:
The following text is the Revised Proposal for the Papakainga Zone (now renamed Papakāinga / Kāinga Nohoanga Zone).
The Revised Proposal has been updated as a result of evidence presented and responses
to questions from the Panel at the Hearing on 23rd and 24th November 2015. Those
amendments, resulting from the hearing, are shown in underlined orange text (for inserted
text) and struck through orange text (for deleted text).
The text in black are the provisions agreed between the Crown, Te Rūnanga o Ngāi Tahu
and Ngā Rūnanga, and the Council that were not subject to change as a result of the
hearing.
In rule 4.2.2.1 Permitted Activities the equivalent Rural Banks Peninsula Zone activity is
referenced in [orange] and can be deleted in due course.
Joint Memorandum dated 15 December 2015 Attachment B – Updated Pāpakainga Zone Revised Proposal (Clean Version)
2
Chapter 4 Pāpakainga / Kāinga Nohoanga Zone
4.1 Objectives and Policies
4.1.1 Objective - Rangitiratanga and Kaitiakitanga
Papakāinga / Kāinga Nohoanga zones facilitate and enable:
a) Ngāi Tahu whanau to develop and use ancestral land to provide for kāinga nohoanga and
their economic, social and cultural well-being and to exercise kaitiakitanga; and
b) All landholders to use or develop land for activities appropriate in a rural area.
4.1.1.1 Policy - Provision for a Range of Residential and Non-Residential
Activities
Enable the use and development of Māori Land for a range of residential and non-residential activities
in accordance with tikanga Māori, including kāinga nohoanga and mahinga kai, to support the social,
cultural and economic aspirations of mana whenua.
4.1.1.2 Policy - Sustainable Management
Land use and development is undertaken, in ways which ensure:
a. Integration of land use with infrastructure in a manner appropriate to the site and
development;
b. For the use of land for papakāinga/kāinga nohoanga, the exercise of kaitiakitanga and tikanga
Māori, including in the design and layout of buildings, facilities and activities;
c. Effects of natural hazards, including land instability and flooding, and potential liquefaction are
avoided or mitigated to an acceptable level of risk;
d. Maintenance of the privacy and amenity values of adjoining landowners;
e. [Outstanding natural landscapes and features, coastal natural character areas, and significant
landscapes, and sites of Ngai Tahu cultural significance. The requirement for this policy will
be reconsidered by the Panel as part of its further hearing of relevant proposals.]
4.1.1.3 Policy - Future Development
Support the application of the Papakāinga / Kāinga Nohoanga zone in other locations where it
facilitates enables the use and development of Ngāi Tahu ancestral land for a range of residential
and non-residential activities in accordance with tikanga Māori, to provide for their support the
social, cultural and economic well-being of Ngāi Tahu whanui.
4.1.1.4 Policy - Rural Activities
In addition to 4.1.1.1, enable rural activities on any land in a manner that is consistent with the Rural
Banks Peninsula Zone provisions.
Joint Memorandum dated 15 December 2015 Attachment B – Updated Pāpakainga Zone Revised Proposal (Clean Version)
3
4.1.1.5 Policy – Comprehensive Coordinated approach to development
On Māori land, encourage an comprehensive and integrated approach to the development of land
for papakāinga / kāinga nohoanga for larger scale developments or where there are multiple resource
consents are required matters, including through the use of a comprehensive coordinated
development plan.
4.2 Rules
4.2.1 How to Use the Rules
4.2.1.1 The rules that apply to activities in the Papakāinga / Kāinga Nohoanga Zone are
contained in:
a. The Activity Status Tables below and Standards for permitted activities
in 4.2.54
4.2.1.2 The Activity Status Tables and Standards in the following chapters also apply to
activities in all areas of the Papakāinga / Kāinga Nohoanga Zone:
5 Natural Hazards;
6 General Rules and Procedures (Rule 6.1 Noise; 6.3 Outdoor
Lighting and Glare; 6.6 Water Body Setbacks; 6.8 Signs);
7 Transport (Rules P7 Access design; P8 Vehicle crossings; P9
Location of buildings and access in relation to road/rail
crossings; P10 High trip generators);
8 Subdivision, Development and Earthworks (rules TBC through
Stage 2);
9 Natural and Cultural Heritage (rules TBC through Stage 3);
11 Utilities, Energy and Infrastructure;
12 Hazardous Substances and Contaminated Land; and
19 Coastal Environment (rules TBC through Stage 3).
4.2.1.3 Note: Permitted activities under this chapter of the Plan may still require building
consents and consents from other agencies.
4.2.2 Activity Status - Māori Land
4.2.2.1 Permitted Activities
On land which is held as Māori Land under Te Ture Whenua Maori Act 1993, the activities listed
below are permitted activities if they comply with Activity Specific Standards set out in this table and
the Built Form Sstandards for permitted activities in Rule 4.2.54.
Activities may also be Controlled, Restricted Discretionary, Discretionary or Non-Complying as
specified in Rules 4.2.32.2, and 4.2.32.3, 4.2.2.4 and 4.2.2.5.
Joint Memorandum dated 15 December 2015 Attachment B – Updated Pāpakainga Zone Revised Proposal (Clean Version)
4
Activity Activity Specific Standards
P1 Marae Complexes,
including wharenui,
wharekai, manuhiri
noho (guest
accommodation with or
without tariff) and
associated accessory
buildings
1. Nil
P2 Residential Activity [P7
of RuBP],
including minor
residential units [P9,
RD3 & RD8 of RuBP],
and kaumatua units.
1. Nil
P3 Home occupations [P10
of RuBP]
1. Nil
P4 Relocation of or
repairs, replacement
and/or additions
to [P8 of RuBP]
residential units
1. Nil
P5 Community
activities and
associated facilities
[P16 of RuBP, RD10 of
RuBP], including Whare
Hauora (Health care
facilities)
1. Nil
P6 Kohanga Reo (Pre-
School
activity and facilities)
and Kura Kaupapa
(Education
activity and facilities)
1. Nil
P7 Hakinakina (Recreation
activities and facilities)
[P12 of RuBP]
1. Nil
Joint Memorandum dated 15 December 2015 Attachment B – Updated Pāpakainga Zone Revised Proposal (Clean Version)
5
Activity Activity Specific Standards
P8 Ahuwhenua (Farming)
[P1 of RuBP] including
Huawhenua
(Horticulture), Rural
produce
manufacturing [P4 of
RuBP] and Existing
forestry. [P5 of RuBP]
1. Nil
P9 Urupa 1. Nil
P10 Whare hoko
(Convenience
Activities), including
Rural produce retail
[P3 of RuBP] and
Arumoni (Commercial
Services), including
Veterinary care
facilities [P19 of
RuBP] and Rural
tourism activity [P14
of RuBP]
1. Maximum of 100m2 GLFA per business.
P11 Offices 1. Maximum of 100m2 GLFA per business
P12 Makete (Markets) 1. Not exceeding one event per week
P13 Farm building [P2 of
RuBP].
1. Nil
P14 Conservation activities
[P11 of RuBP],
including New access
tracks [P17 of RuBP]
1. Nil
P15 Farm Stay [P13 of
RuBP]
1.
P156 Emergency services
facilities [P18 of RuBP]
1. Nil
P167 Heli-landing area [P20
of RuBP]
1. Shall be located on a minimum nominated land area of
3,000m2
Joint Memorandum dated 15 December 2015 Attachment B – Updated Pāpakainga Zone Revised Proposal (Clean Version)
6
Activity Activity Specific Standards
P178 Flood protection
activities, including
planting of exotic trees,
earthworks and
structure, undertaken by
Christchurch City
Council or Canterbury
Regional Council [P21
of RuBP]
1. Nil
P189 Public amenities [P22
of RuBP]
1. Maximum of 100m2 GLFA per building.
P1920 Mahinga kai 1. Nil
P201 On land held as Māori
Reservation for
Communal Purposes
under s338 of Te Ture
Whenua Māori Act
1993, any activity
specified in the Gazette
notice and any ancillary
activity.
1. Nil
4.2.2.2 Controlled Activities
There are no controlled activities
4.2.32.3 Restricted Discretionary Activities
The activities listed in the table below are restricted discretionary activities
Activity The Council’s discretion shall be limited
to the following matters.
RD1 Any permitted activity which does not
comply with any one or more of the
Activity Specific Standards in 4.2.2.1
Any application arising from this rule will
not require written approvals and shall
not be publicly or limited notified
a. Relevant Matters of Discretion in 4.3
Joint Memorandum dated 15 December 2015 Attachment B – Updated Pāpakainga Zone Revised Proposal (Clean Version)
7
RD2 Any permitted activity which does not
comply with any one or more of the Built
Form Standards for Permitted Activities
in Rule 4.2.4
Any application arising from non-
compliance with this rule shall only be
limited notified to directly abutting land
owners and occupiers who have not
given their written approval
Any application arising from non-
compliance with Built Form Standard
4.2.4.5 will not require the written
approval of any entity except the New
Zealand Fire Service Commission with
respect to Built Form Standard 4.2.4.5
and shall not be fully publicly notified.
Limited notification if required shall only
be to the New Zealand Fire Service
Commission only in respect to Built
Form Standard 4.2.4.5.
a. Relevant Matters of Discretion in 4.3
RD3 Any controlled, restricted discretionary,
discretionary or non-complying activity in
Chapters 5, 6.1 - 6.7 and 6.9 - 6.10, 7 8,
9, 11, 12 and 19.
Any application arising from this rule,
except in relation to Chapter 6 and 7,
will not require written approvals and
shall not be publicly or limited notified.
except in relation to Chapter 6 and 7.
Any application arising from this rule
in relation to Chapter 6 and 7 shall
require written approvals and/or be
publicly notified as set out in relevant
rule.
a. Relevant Matters of Discretion in
Chapters 5, 6, 7 8, 9, 11, 12 and 19
for that activity.
b. Relevant Objectives and Policies in
Chapters 4, 5, 6, 7 8, 9, 11, 12 and
19 for that activity.
RD4 Any controlled, restricted
discretionary or discretionary activity
in Chapter 6.8.
Any application arising from this rule
shall require written approvals and/or
be publicly notified as set out in
relevant rule.
Note: For Non-complying activities
see Rule 4.2.2.5
a. Relevant Matters of Discretion in
Chapter 6
b. Relevant Objectives and Policies
in Chapter 6
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RD45 Boarding of domestic animals [RD4 of
RuBP]
a. Relevant Matters of Discretion in
4.3; and
b. Intensive farming, Equestrian
facilities and Boarding of domestic
animals in 17.8.2.3
RD56 Equestrian facility [RD5 of RuBP] a. Relevant Matters of Discretion in
4.3; and
b. Intensive farming, Equestrian
facilities and Boarding of domestic
animals in 17.8.2.3
RD67 Intensive farming [RD6 of RuBP] a. Relevant Matters of Discretion in
4.3; and
b. Intensive farming, Equestrian
facilities and Boarding of domestic
animals in 17.8.2.3
RD78 Plantation forestry [RD7 of RuBP] a. Plantation forestry in 17.8.2.4
4.2.2.34 Discretionary Activities
Activity
D1 Any other activity not listed as a permitted, controlled, or restricted discretionary or
non-complying activity.
4.2.2.45 Non Complying Activities
Note; There are no non-complying activities in respect of Rule 4.2.4.
Activity
NC1 Any activity listed in 6.8.3.4 NC1 and NC2
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4.2.43 - Activity Status Table - Other Land
4.2.43.1 Permitted Activities
In the Papakāinga /Kāinga Nohoanga Zone, on land which is not held as Māori Land, the activities
listed below are permitted activities if they comply with the Activity Specific Standards and Built Form
Standards in Rule 4.2.5 of the Rural Banks Peninsula Zone.
Note: The Built Form Standards in Rule 4.2.4 do not apply to Rule 4.2.3
Activities may also be Controlled, Restricted Discretionary, Discretionary, or Non-Complying, or
Prohibited as specified in Rules 4.2.43.2, 4.2.43.3, 4.2.43.4, and 4.2.43.5 and 4.2.3.6.
Activity Activity Specific Standards
P1 Any Permitted Activity in the Rural Banks Peninsula Zone
a. The relevant standards in the Rural Banks Peninsula Zone
4.2.3.2 Controlled Activities
Activity The Council’s control shall be limited to the
following matters.
C1 Any Controlled Activity in
the Rural Banks Peninsula
Zone
a. The relevant matters in the Rural Banks
Peninsula Zone
4.2.43.23 Restricted Discretionary Activities
Activity The Council’s discretion shall be limited to the
following matters.
RD1 Any Restricted Discretionary
Activity in the Rural Banks
Peninsula Zone
b. The relevant matters in the Rural Banks
Peninsula Zone
4.2.43.34 Discretionary Activities
Activity The Council will consider any matters under
section 104 of the Act, including:
D1 Any Discretionary Activity in
the Rural Banks Peninsula
Zone
a. The relevant matters in the Rural Banks
Peninsula Zone
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4.2.43.45 Non-Complying Activities
Activity
NC1 Any Non-Complying Activity in the Rural Banks Peninsula Zone
4.2.43.56 Prohibited Activities
Activity
PR1 Any Prohibited Activity in the Rural Banks Peninsula Zone
4.2.54 Built Form Standards – Māori Land in the Papakāinga /
Kāinga Nohoanga Zone
4.2.5.1 Recession Planes
a. The recession plane requirements for all buildings shall be those for the Rural Banks
Peninsula Zone, and applied at the legal boundary of any property where it adjoins
other property which is not held in the same ownership, excluding roads.
4.2.54.21 Internal Boundary Setback
a. The minimum setback from internal boundaries for buildings and structures shall be 10m and
shall apply at the legal boundary of any property where it adjoins another property which is not
held in the same ownership or used for the same development.
4.2.54.32 Road Boundary Setback
a. The mMinimum setback distance for any building from the road shall be 15m.
4.2.54.43 Building Height
a. For all land, tThe maximum height of any building shall be 9m. This standard shall not apply to
art, carvings or other cultural symbols fixed to Māori Land or to buildings erected on Māori
Land.
4.2.54.54 Maximum coverage
a. For Maori Land, tThe maximum building coverage shall be 35% of the legal boundary of
any property.
b. For other land, the maximum coverage shall be 10% or 2,000m2, whichever is lesser.
4.2.54.65 Water supply for firefighting
a. Provision for sufficient water supply and access to water supplies for firefighting shall be made
available to all buildings (excluding accessory buildings that are not habitable buildings) via
Council’s urban reticulated system (where available) in accordance with the New Zealand Fire
Service Firefighting Water Supplies Code of Practice (SNZ PAS: 4509:2008).
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b. Where a reticulated water supply compliant with SNZ PAS:4509:2008 is not available, or the only
supply available is the controlled restricted rural type water supply which is not compliant with
SNZ PAS:4509:2008, water supply and access to water supplies for firefighting shall be in
accordance with the alternative firefighting water sources provisions of SNZ PAS 4509:2008.
4.3 Matters of Discretion - Papakāinga / Kāinga Nohoanga Zone
4.3.21 Internal Boundary Setback
a. The extent to which the site layout and use of spaces maintains for adjoining properties adequate
levels of privacy and outlook, taking into account:
i. The need to enable an efficient, practical and/or pleasant use of the remainder of the site;
ii. The need to provide future occupants with adequate levels of daylight and outlook from
internal living spaces;
iii. The need to provide future occupants with adequate levels of privacy from neighbouring
residential units or sites;
iv. Adequate separation distance from any existing direct facing windows or balconies (within
the site or on adjoining sites) or to ensure appropriate levels of privacy are maintained; and
v. Any adverse effects of the proximity or bulk of the building in terms of loss of access to
daylight on and outlook from adjoining sites;
4.3.32 Road Boundary Setback
a. Any loss of privacy for adjoining properties through overlooking; and
b. Alternative practical locations for the building on the site.
c. For land other than Maori Land, the compatibility of the building in terms of appearance,
layout and scale of other buildings and sites in the surrounding area.
d. For land other than Maori Land, any detraction from the openness of the site to the street,
or any visual dominance over the street.
4.3.63 Building Height
a. The extent to which an increase in building height and any associated increase in the scale and
bulk of the building:
i. reflects its cultural and functional requirements both for the building itself and the use of the
zone; and
ii. affects amenity values of adjoining properties, resulting from visual dominance, loss of
daylight and sunlight admission, and loss of privacy from overlooking;
iii. for land other than Maori Land, is visually mitigated through the topography, location,
design and appearance of the building; and
iv. for land other than Maori Land, is compatible with the scale, proportion and context
of buildings and activities in the surrounding area.
4.3.74 Coverage
a. Whether the additional coverage of the zone with buildings is appropriate to its context taking
into account:
i. The function of the building to support Ngai Tāhu whanau to deliver economic, social and
cultural development;
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ii. The extent to which the topography and the location, scale, design and appearance of the
building, landscaping, natural features or existing buildings mitigate the visual effects of
additional buildings; and
iii. Any loss of privacy or other amenity values to adjoining residents and the effectiveness of
any mitigation measures.
4.3.85 Water supply for firefighting
a. Whether sufficient firefighting water supply is available to ensure the health and safety of the
community, including neighbouring properties.
4.3.46 Traffic Generation and Access
a. The extent to which the traffic generated is appropriate to the character, amenity, safety and
efficient functioning of the access and road network in the area;
b. The ability to mitigate any adverse effects of the additional traffic generation;
c. The location of the proposed access points in terms of road and intersection efficiency and
safety, including availability or otherwise of space on the road for safe right hand turning into the
site; and
d. Any significant increase in glare from headlights;
4.3.57 Scale of Non-Residential Business Activity
a. The extent to which increased scale is appropriate in the context of the surrounding environment
taking into account:
i. Hours of operation;
ii. Traffic or pedestrian movements generated;
iii. Any adverse effects, in terms of unreasonable noise, and loss of privacy, which would be
inconsistent with the respective environments; and
iv. The extent to which the business contributes to the local employment and the economic
base of Manawhenua and/or the needs of residents in the surrounding area.
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Other Chapter Changes
Chapter 6
6.1 Noise
6.1.4.1.1.1 Permitted Activities
Table 1
Zone Time
(hrs)
Permitted
LAeq LAmax
a. All Residential Zones
b. Rural Zone, except Rural Quarry Zone, measured at any notional boundary
c. Rural Quarry zone, measured at any notional boundary outside the Rural
Quarry zone
d. Specific Purpose (Flat Land Recovery) Zone
e. Papakāinga / Kāinga Nohoanga Zone
0700-
2200
50 75
2200-
0700
40 65
6.6 Water Body Setbacks
6.6.3.4 Cultural values and practices
a. Any beneficial or adverse effects on mahinga kai or customary harvesting.
b. Any beneficial or adverse effects on wahi tapu or wahi taonga.
c. The degree to which the proposal has regard to the objectives and policies of the Mahaanui
Iwi Management Plan.
d. Any adverse effects on sites of archaeological significance or historic heritage.
e. The degree to which the proposal on Māori land in the Papakāinga / Kāinga Nohoanga
Zone is in accordance with Tikanga Māori.
6.8 Signs
6.8.3.1 Permitted Activities
P10 Any sign on Māori land in the Papakāinga / Kāinga
Nohoanga Zone except flashing, illuminated,
intermittently illuminated, with moving
components, billboards, captive balloons or blimps,
or off-site signs [Rule 6.8.3.4 NC1 & NC2]
a. NIL
6.8.4.2 Signs attached to buildings
Total maximum
area of signs
per building
Maximum
height above
ground level at
top of sign
Additional controls
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Residential
Zones
0.5m2 OR as
specified in
activity status
table for
permitted non-
residential
activities in
Chapter 14
Residential
Zones.
4m or façade
height, whichever
is lower
1. Any sign displayed on wall surfaces,
including individual lettering, shall be
integrated with the design of the
building (e.g placed wholly between
projecting features such as fins) and
shall not obscure any window, door
or architectural feature, visible from
the exterior of the building (See
diagram 3 in 6.11.8 Appendix A).
2. Where a sign, including a flag,
extends over part of a Transport
Zone the lowest part of the sign shall
be located minimum 2.6m above
ground.
Visitor
Accommodation
Zone
Papakainga
Small
Settlements
6.8.4.4 Free-standing signs
Residential, Visitor
Accommodation,
Open Space and
Rural Zones
Number
of Signs
per Site
Area Maximum
Height
above
ground
level
Additional Controls
Residential Zones 1 0.2m2 (OR as
specified in activity
status table for
permitted non-
residential activities
in Chapter 14
Residential zones).
4m Where a free-
standing sign, including a
flag, extends over part of a
Transport Zone the lowest
part of the sign shall be
located minimum 2.6m
above ground.
Visitor Accommodation
Papakainga
Small Settlements
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Chapter 8 Subdivision, Development and Earthworks
8.8.2 Permitted Activities: Earthworks
Table 1: Maximum volumes - earthworks
Zone/Overlay Volume
Rural and Papakāinga /
Kāinga Nohoanga
Rural zones (excluding
excavation and filling
associated with quarrying
activities)
100m3/ha
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Chapter 2 Definitions
A definition of Māori Land is provided to enable the rules to be understood and will be included in alphabetical order in Chapter 2 - Definitions. Māori Land means land with the following status:
a) Maori communal land gazetted as Maori reservation under s338 Te Ture Whenua Maori Act 1993; and
b) Maori customary land and Maori freehold land as defined in s4 and s129 Te Ture Whenua Act 1993
An explanation of the term Papakāinga / Kāinga Nohoanga is to be included in alphabetical order in Chapter 1 - Introduction. Papakāinga / Kāinga Nohoanga Papakāinga can be used to describe traditional forms of Māori communal living on ancestral or tribal lands. Papakāinga developments usually involve housing and marae facilities, but in its true sense, also includes a raft of facilities and activities associated with whanau or hapu providing for their social, cultural and economic well-being on tribal land. Papakāinga development is defined in the New Zealand Coastal Policy Statement 2010 as 'development of a communal nature on ancestral land owned by Māori'. Ngāi Tahu uses the term kāinga nohoanga to describe their traditional areas of communal living on tribal lands. Hence the term 'Papakāinga / Kāinga Nohoanga has been applied to the name of the zone
in Chapter 4 to recognise the general use of the term 'papakāinga' in resource management
planning and the Ngāi Tahu term 'kāinga nohoanga'.