Final Decision and Operative Date for Plan Change 94B - Papakāinga
Plan Change 94B (Papakāinga)
Phase One of the Whangārei District Plan's Papakāinga policy became operative on 28 April 2011. Applications for Papakāinga currently require a resource consent as a discretionary activity. The phase one provisions have applied to one development since they became operative, a 10-dwelling papakāinga by Ngā Uri o Te Aurere Pou Whānau Trust, Mangakahia. Plan change 94B (Whangarei District Council 2017a) represents Phase Two of Council’s Papakāinga policy. Phase two became operative as of 27 February 2018.
The Papakāinga provisions provide for the development of ancestral Māori land. In the context of the District Plan, ancestral Māori land is land subject to the Te Ture Whenua Māori Act 1993, including; Māori customary land, Māori freehold land and General land owned by Māori. These provisions seek to provide opportunities for Māori land owners to develop and live on their ancestral land.
In the context of the District Plan, Papakāinga developments are developments of a communal nature on ancestral Māori land. Papakāinga developments may not solely focus on providing for housing. In addition to housing Papakāinga may also include activities such as: community, education and recreational facilities, places of assembly and industrial and commercial activities, all of which are directly associated with the communal nature and function of the Papakāinga.
1. On Māori freehold land as defined in the Te Ture Whenua Māori Act 1993, Papakāinga developments are a permitted activity provided that:
a. A Papakāinga Development Plan (“PDP”) is submitted to Council prior to any application for building consent that identifies and demonstrates the following:
- The location of any residential units.
- The location of any structures other than residential units
- Areas of land or buildings to be dedicated to commercial or industrial activities or places of assembly.
- The location of utility servicing requirements and internal roading network.
- The land can be serviced in terms of access, water, wastewater and storm water in accordance with the relevant provisions of the Environmental Engineering Standards 2010 for the type and number of buildings shown on the PDP. The PDP shall be accompanied by a written report and certification to this effect from a Chartered Professional Engineer confirming that this requirement is met.
- The location of any recorded historic heritage (including archaeology) that is protected by the Heritage New Zealand Pouhere Taonga Act 2014.
b. The following controls are met:
- Any places of assembly and commercial or industrial activities are established in conjunction with and are directly associated with the residential activities of the Papakāinga.
- Any places of assembly and commercial or industrial activities are setback at least 100m from any existing residential unit on a separate site.
- Commercial or industrial activities shall not cumulatively exceed 500m2 in gross floor area on any one site.
- The number of residential units per site does not exceed one residential unit per 2,000m2 of net site area.
Status: Operative as of 27 February 2018