Plan Change 47 - Waahi Tapu Review Stage 1
- Council’s Decisions on Submissions on Plan Change 47
- Changes to the District Plan and Maps
Council’s decisions were publicly notified on 13 February 2010. This decision was not appealed and the Plan Change was notified as operative on the 14 May 2010.
- Action Sheet (PDF 21kB)
Plan Change 47 has now been amended by Decisions on Submissions (publicly notified 13 February 2010).
- Read the Public Notice
- Read Plan Change 47 as Amended by Decisions on Submissions
- Read Council’s Decisions on Submissions on Plan Change 47
Please note the document tilted ‘Plan Change 47 (stage 1) Changes to Sections 12.4, 15.1 and 18.0 of the District Plan as a result of Decisions on Submissions’ now supersedes Plan Change 47 as notified for submissions. The following are background documents relating to the hearing:
Read the Council officer's report and associated appendices relating to Submission Hearing 1 (commencing 10 August 2009)
- Officer's report (PDF 446kB)
- Appendix 1 (PDF 48kB)
- Appendix 2 (PDF 51kB)
- Appendix 3 (PDF 47kB)
- Appendix 4 (PDF 26kB)
- Appendix 5 (PDF 76kB)
- Appendix 6 (PDF 285kB)
Read the further officer's information presented to Submission Hearing 2 (commencing 9 December 2009)
- Appendix 1 (PDF 15kB)
- Appendix 2 (PDF 51kB)
- Appendix 3 (PDF 167kB)
- Appendix 4 (PDF 109kB)
- Appendix 5 (PDF 167kB)
- Appendix 6 (PDF 176kB)
Additional Background Information
In accordance with Clause 5 of Schedule 1 of the Resource Management Act 1991, the Hastings District Council has prepared a Plan Change to the Hastings District Plan: Plan Change 47 – Waahi Tapu Review (Stage 1)
Plan Change 47 seeks to update the inconsistencies in the location of waahi tapu in the District Plan as part of stage 1 of the waahi tapu review.
It also seeks to make changes to the rules and methods of Section 12.4 of the District Plan – Waahi Tapu, as part of improving the effectiveness and efficiency of District Plan provisions regarding protection of waahi tapu.
Common misconceptions about Waahi Tapu sites
There is a common misconception that Waahi Tapu sites must contain archaeological evidence in order to be considered for protection.
There is often confusion as to which legislation, or organisations afford protection to Waahi tapu sites.
The New Zealand Historic Places Trust (NZHPT), which is the organisation responsible for the administration of the Historic Places Act 1993, give some protection to waahi tapu areas, but only where such areas contain archaeological evidence and are therefore deemed to be an archaeological site.
The Historic Places Act 1993 defines an archaeological site as a place associated with pre-1900 human activity, where there may be evidence relating to the history of New Zealand.
As with other NZHPT registered places and areas, registration of ‘waahi tapu’ alone by the NZHPT does not provide protection. Protection can only be achieved if the place is listed in a regional or district plan under the Resource Management Act, or if the place is also an archaeological site as defined under the Historic Places Act, as mentioned above.
Very few Waahi tapu sites in the Hastings District territorial boundaries are registered or recognised as archaeological sites, because in some instances the type of waahi tapu site may not contain archaeological remains thus their protection is not ensured under the Historic Places Act.
The New Zealand Historic Places Trust, therefore, can identify Maori heritage by registration, but relies upon the Hastings District Plan for protection.
Under the Resource Management Act, and in achieving its purpose, the Council is required to manage the use, development and protection of natural and physical resources and shall recognise and provide for the following matters of national importance, including:
6(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga
6(f) The protection of historic heritage from inappropriate subdivision, use and development.
The definition of historic heritage under the Resource Management Act is as follows
(a) means those natural and physical resources that contribute to an understanding and appreciation of New Zealand’s history and cultures, deriving from any of the following qualities:
(vi) technological; and
(i) historic sites, structures, places, and areas; and
(ii) archaeological sites; and
(iii) sites of significance to Maori, including wahi tapu; and
(iv) surroundings associated with the natural and physical resources
Definitions of Waahi Tapu vary, the basic description from the Reed Concise Maori Dictionary (2001) describes waahi tapu as ”a sacred place i.e. cemetery”. While under the Historic Places Act, Waahi tapu are defined as “places sacred to Maori in the traditional, spiritual, religious, ritual or mythological sense”.
What is clear from these two definitions is that Waahi tapu sites are not necessarily strictly linked to historic places where archaeological evidence of past human (Maori) activity may be present; Waahi Tapu has a far wider reaching interpretation to Maori.
Hence the definition used in proposed Plan Change 47 which states Waahi tapu means sacred site, as defined locally by hapu which exercise kaitiakitanga over it.
Changes and sections affected
Plan Change 47 introduces changes to the following sections of the Operative Hastings District Plan:
- Section 12.4 Waahi Tapu Resource Management Unit
- Section 15.1 Subdivision and Land Development
- Section 18.0 Definitions
- District Plan Maps
Plan Change 47 makes the following specific changes to Section 12.4 – Waahi Tapu of the Hastings District Plan
- Correct and update legal descriptions of Waahi Tapu in Appendix 12.4-1
- Delete waahi tapu W41, W42, W47, W50 and W54
- Delete W45 and merge details with W44
- Add a new column to Appendix 12.4-1 to be headed ‘LOCATION’
- Insert a new Appendix called Appendix 12.4.2 for properties that are completely covered as waahi tapu
- Amend the planning maps to accurately as recommended in the Stage 1 report of CFG Heritage: W0, W1, W3, W4, W10, W11, W12, W14, W17, W25, W28, W34, W40, W43, W46, W51, W55, W61, W62, W64
- Amend the planning maps as resulted from consultation of the Stage 1 findings: W11, W20, W21, W48
- Remove the following waahi tapu from the planning maps: W41, W42, W47, W50, W54
- Integrate W45 with W44
- Clarify relevant sections of the District Plan providing for waahi tapu
- Delete Building Act and replace with ‘LIMs’ and ‘PIMs’ as new method
- Delete ‘Charter of HBRC and MASC of HBRC’ as a method
- Insert ‘Integrated Management’ as a new method
- Insert ‘Economic Instruments’ as a new method
- Clarify rules to allow for maintenance and enhancement of waahi tapu as a permitted activity.
- Insert new discretionary activity rule under Section 126.96.36.199
- Insert new rule to require resource consents for any new activity involving listed waahi tapu as discretionary activity including addition to assessment criteria
- Add assessment criteria in relation to any new activities in properties that are completely covered as waahi tapu
- Amend rules to require consents for subdivision involving the ‘separation of a listed waahi tapu into more than one title’ to be discretionary activities.
- Replace ‘notified’ with ‘listed’ waahi tapu in second anticipated outcome
- Update the MASC reference to the current HDC: Maori Joint Committee and contact designation under the Consultation Method
- Minor clarification as to definition of waahi tapu
- Insert new definition for Maintenance associated with waahi tapu
Read the Plan Change
You can download associated documents below, or view them in hard copy form at:
- Resource Management, 2nd Floor, Central Council Administration Office, Lyndon Road East, Hastings
- Hastings, Flaxmere and Havelock North Libraries
- Plan Change 47 outline (PDF 64kB)
- Proposed changes to Sections 12.4, 15.1 and 18 (PDF 227kB)
- Section 32 Evaluation (PDF 174kB)
- Proposed changes to District Plan maps
Submissions closed on the 17th of October 2008 and a total of 23 submissions were received. See links below to either view these submissions in full or the summary of decisions requested in the submissions.
- Summary of Submissions (PDF 133kB)
- Full Submissions (PDF 7.5MB)
Further submissions closed on the 12th of December 2008. A total of 11 further submissions were received and can be viewed from the link below.
- Further Submissions (PDF 4MB)
The process for public participation in the consideration of the proposed plan change under the Act is as follows:
- after the closing date for submissions, Hastings District Council must prepare a summary of the submissions and this summary must be publicly notified; and
- there must be an opportunity to make a further submission in support of, or in opposition to, the submissions already made; and
- if a person making a submission asks to be heard in support of his or her submission, a hearing must be held; and
- Hastings District Council must give its decision on the proposal (including its reasons for accepting or rejecting submissions); and
- any person who has made a submission has the right to appeal the decision on the proposal to the Environment Court.
For Further Information
Please contact Rowan Little on (06) 871 5110 ext 5367 or email email@example.com if you have any questions about this plan change.