6 April 2018

Media: Rotorua Daily Post

Topic: Special Housing Areas and Ngongotaha public meeting

Enquiry

The following questions were asked in relation to the proposed Special Housing Areas and a public meeting in Ngongotaha:

• What consultation has there been with the community and iwi regarding these SHAs up until this point?
• Iwi say SHA1 is pegged to go over an urupa (burial ground). Has it been established whether this land is on, near or next to an urupa? Have all invested parties been made aware of this?
• Locals claim the area often floods and has, until recent years, been swamp land. Has a geotech report been done on the site? Is council aware of potential flood and subsidence issues at SHA1?
• Is it true the developer for SHA1 originally wanted a development with larger lifestyle block sections but council went back to him asking that it be revised to include more social housing?
• If SHA1 is approved, can an appeal be made to the environment court or any other judicial entity?
• Is it true only direct neighbours were originally told about the development and only direct neighbours can officially object to the development?
• Were councillors given all the reports pertaining to the SHA1 land, including the reporting officer's report, prior to the decision being made to go ahead with the recommendation? If not, why?
• Were the views expressed by locals during the draft spatial plan consultation included when considering this site for a SHA? In particular wanting to "maintain Ngongotaha's village character". If not, why? If yes, how does this development service that?
• Will a new school be built in the area to accommodate the increase in population if both SHA proposals are approved?
• Infrastructure was a major concern for most meeting attendees - Can you detail how roading, water and sewerage will be improved to accommodate the population increase.

Questions specifically for Geoff Williams:

• When did you or your staff become aware of last night's community-led meeting?
• When was the council-led information session organised? When were flyers dropped off to local addresses?
• Was the timing of the council's flyer drop on the day of the community-led meeting co-ordinated to deter people from attending that night's meeting?
• Did you or one of your staff contact Patricia Hosking directly about her meeting? What was your reasoning for this?
• Did you or one of your staff tell Patricia council staff would not attend the meeting if Reynold was involved? What was your reasoning for this?
• Did you at any point during the conversation say, imply or pressure Patricia to cancel the community-led meeting in favour of the council-led information session?

Response

The reporter was directed to the agenda for the 15 March extraordinary Council hui for the reports detailing the SHA proposals and factors taken into consideration by the RMA Policy Committee. The agenda also includes reference to consultation with regards SHA1

It was explained that appeal cannot be made to the Environment Court or any other judicial entity but a judicial review can be sought.

The following statement, which was issued 6 April 2018, was provided to the reporter:

Rotorua Lakes Council will host a public hui/meeting in Ngongotaha next week to provide locals with information and facts about special housing areas.

Special Housing Areas are provided for in New Zealand through the Housing Accords and Special Housing Areas Act via Housing Accords which are agreed between the Government and councils. The legislation was introduced to address the country's housing shortages and enables land to be made available for housing significantly faster than normal.

Normal consenting requirements regarding utilities, infrastructure, traffic management, hazard and environmental mitigations still apply.

Rotorua Lakes Council signed a Housing Accord with the Government last year and council is currently dealing with two applications for SHA status for planned housing developments in Ngongotaha. The applications came from private developers.

Ngongotaha is an area that has been flagged for further residential development as part of Council's spatial plan. Extensive public consultation occurred pre-draft and then again on the draft plan and this will be finalised and adopted later this year.

The two proposed Ngongotaha developments have been considered by Council's Resource Management Act Policy Committee which recommended that Council approve one to go to the Minister of Housing and Urban Development for consideration as an SHA. The other is to go back to the RMA Policy Committee for reconsideration.

What's happening with the SHAs proposed for Ngongotaha?

The decision-making process for the two SHA applications in Ngongotaha is not yet complete.

SHA 1

• Following a decision by the Full Council, this application will go to the Minister for consideration as an SHA.
• If approved by the Minister, the next stage will be preparation and submission of a resource consent application by the applicant. This will necessitate notification which will provide adjacent landowners with an opportunity to comment.
• SHA 1 was included in Council's draft spatial plan which was consulted on last year.

SHA 2

• This application will be subject to further deliberation by the RMA Policy Committee, as directed by the Full Council.
• The RMA Policy Committee has since requested that the applicant undertake community consultation (including a public meeting) prior to the application being reconsidered.

Information to be provided at next Tuesday's (10 April) hui will explain the process and provide any clarification people may require, Council Chief Executive Geoff Williams says. Flyers were delivered to residents in the wider Ngongotaha village yesterday (Thursday).

"The decision-making process for the two SHA applications in Ngongotaha is still underway and this is a semi-judicial process so next week's hui will not be a forum for taking public feedback or discussing the merits or otherwise of the SHA applications currently being considered. That would be outside of, and could undermine, the process that we are required to follow.

"We have an obligation to maintain neutrality - anything that signals impartiality could be open to judicial challenge," Mr Williams says.

"We will be able to provide people with facts about SHAs, the legislation and processes that apply and the current status of the two proposed SHAs. It will also be an opportunity to clarify any misconceptions."

The SHA process is prescribed by the Act.

"At all times our organisation need to ensure that processes are being followed correctly and with due consideration of all factors which are required to be taken into account."

SHA process

1. Application is lodged
2. Application considered by RMA Policy Committee
3. RMA Policy Committee makes a recommendation to Full Council
4. Full Council approves/doesn't approve the recommendation
5. If a proposed SHA is approved to be referred to Minister for consideration/approval - it goes to the MinisterIf a proposed SHA is not approved to be referred to Minister for consideration/approval the SHA process stops
6. If a proposed SHA is approved by Minister for SHA status a consent will be lodged
7. Consultation happens if required as per Section 29 of the Act
8. Independent commissioners hear and decide on consent

"The RMA Policy Committee is tasked with considering these applications on behalf of Council and making a recommendation. The Full Council then makes the decision about whether an SHA application goes to the Minister for consideration or not," Mr Williams says.

"The right vehicle for feedback is the RMA Policy Committee - that is part of its role and it must be seen to be impartial and fair. Many of the questions the community have are pre-emptive - if these developments are approved as SHAs they will then go through a consenting process and will be required to meet a raft of criteria."

What is a Special Housing Area (SHA)?

Special Housing Areas are provided for in New Zealand through the Housing Accords and Special Housing Areas Act via Housing Accords agreed between the Government and local authorities (councils).

The legislation was introduced to address the country's housing shortages and enables a piece of land not zoned for residential to be given residential status without having to go through a District Plan change. In effect, it allows for new land to be made available for housing significantly quicker than normal.

Normal consenting requirements regarding utilities, infrastructure, traffic management, hazard and environmental mitigations still apply.

SHAs are not necessarily low-cost or social housing but may include these categories.

Locations for SHAs will be areas where:

• Growth is best suited;
• People want to live;
• There is room for homes to be built;
• Infrastructure is either largely in place or there is capacity to build infrastructure.

Who approves a Special Housing Area?

Council or a private developer can propose an SHA. Two planned housing developments in Ngongotaha have been proposed as SHAs by the landowners.

Applications for SHAs are considered by Council's Resource Management Act Policy Committee against SHA criteria and the committee makes a recommendation to the Full Council which then decides if a development will go to the Minister for Housing and Urban Development for consideration as an SHA.

The Minister has the final say on whether or not a proposed SHA will be approved.

If the Council decides to not recommend a proposal, the SHA process stops. Approval for urban development must then be pursued through the standard planning processes under the RMAct.

Questions specifically for Geoff Williams:

When did you or your staff become aware of last night's community-led meeting?

Last Tuesday

When was the council-led information session organised? When were flyers dropped off to local addresses?

The need for a council-led information session was discussed last Friday. Flyers were delivered to residents in the wider Ngongotaha village yesterday (Thursday)

Was the timing of the council's flyer drop on the day of the community-led meeting co-ordinated to deter people from attending that night's meeting?

No

Did you or one of your staff contact Patricia Hosking directly about her meeting? What was your reasoning for this?

I spoke to Mrs Hosking by phone following an approach by her for council staff to attend and also sent an email.

Did you or one of your staff tell Patricia council staff would not attend the meeting if Reynold was involved? What was your reasoning for this?

Council staff are required to maintain independence throughout the consenting process, meaning it is inappropriate to expect they would attend a meeting where there exists an expectation they are there for the explicit purpose of receiving feedback outside of the prescribed consultation processes. Moreover, the chosen chair had already politicised the matter and I did not have faith that the meeting would be managed in a manner which respected the role Council staff were obliged to play when dealing with Resource Act processes. I have a duty to ensure staff are not in any way compromised and was therefore unable to comply with the request to have staff attend the meeting.

Did you at any point during the conversation say, imply or pressure Patricia to cancel the community-led meeting in favour of the council-led information session?

No. Ensuring the community gets good information is something we support and it's a pity we could not do that through this meeting.

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Media: Fairfax Media (Sunday Star Times)

Topic: Bilingual signage

Enquiry

I understand that the NZTA have cited land transport regulations to say the proposed road signs at entries to Rotorua, proposed to highlight Rotorua as a bi-lingual city, (in photo attached) will not be allowed?

Firstly I wanted to ask is this correct?

I gather they have cited safety regulations around the need for clarity and brevity - again is this correct?

If so, were the proposed designs created ahead of talks with NZTA talks on the matter?

Is council considering alternative signage that may meet NZTA regulations?

Are there any possible designs already council believes may meet regulatory requirements, and if so, are there any images we could have?

Response

Reporter spoke directly to Rotorua Mayor Steve Chadwick and Te Taru White, the chair of the Te Tatau o Te Arawa Board which, with support from Te Puni Kokiri, is leading the Rotorua bilingual city initiative.

There was no design/image to provide to the reporter who was informed that the bilingual road signage component of proposals within the bilingual initiative was a work in progress and that discussions with NZTA were ongoing.