27 April 2018
Media: Rotorua Daily Post
Topic: Formal complaint made regarding Special Housing Area and RMA Process
Enquiry
**Individuals names have been removed**
We have received copy of a letter which was sent to Rotorua Lakes Council on April 25.
The letter from __________, a formal complaint, states that she believes there were "omissions, falsifications and misleading information in the Reporting Officer's Report to the RMA Policy Committee which potentially misled the Mayor and Councillors in their decision making."
- Did the reporting officer call _________ on April 9 about rezoning part of her farm from rural to urban land?
- Was her objection to the change noted in the Reporting Officer's Report?
- Was the information deliberately withheld from _________ that rezoning was going to take place regardless of her objections?
- Was the SHA1 developer aware of the rezoning?
- Was there any correspondence between planning consultants and the RMA Policy Committee regarding the zone change?
- What is the council's response to the following statement in the letter,
"Given your assurance that the rezoning of my land is now on hold and that planning consultants were not contracted, the anticipated plan change can't be notified in April.
This means that the information in the Reporting Officer's Report on this matter was false and probably intended to manipulate the RMA Policy Committee and the Mayor and Councillors into recommending the SHA1 to the Minister, by knowingly providing them with false information."
- Are the following statements correct?
The proposed Special Housing Area 1, which was recommended to the Minister for approval, cannot therefore be compliant with the terms of the Housing Accords and Special Housing Act (HASHAA, 2013) because:
1. It is on land that is currently zoned rural;
2. It adjoins land that is currently zoned rural;
3. It is not identified in an operative Spatial Plan as residential;
4. The current draft Spatial Plan is incomplete and only a draft.
- How would the council respond the the allegations the following statements were misleading?
1. Some adjoining owners have expressed a desire to also have their land rezoned for urban purposes.
2. Rezoning Would further assist RLC in achieving its targets for dwellings set under the Rotorua Housing Accord.
3. I met with the owner at 19 Rahui Road on Friday 9th February 2018 and explained the process and assured her any development of the subject land could not exacerbate the flooding hazard on her land, and that any subsequent subdivision application made under either the SHA Act or the RMAct would need to address stormwater management including risk of flooding. In response to this I observed a softening in stance.
4. For the neighbour to the west initial objection may have diminished to acceptance if the establishment of an SHA could acts a precursor for the rezoning of her part of her land where it adjoins the subject property.
- Will the council investigate the complaint from ________?
- What is the response from the council that the "Special Housing Area decision-making process was corrupted by Council staff intent on getting the proposed SHA1 on Ngongotaha Road recommended by Council for approval by the Minister."?
Response
The reporter was advised that Council would deal with this in the appropriate manner, working with the people concerned rather than dealing with it through the media.
