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Process and Substance - Variation 1 to the Proposed District Plan

Brian Warburton made this Official Information request to Porirua City Council

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From: Brian Warburton

Dear Porirua City Council,

Background and Facts:

In April 2022 the Council undertook community engagement about potential amendments to the proposed District Plan (Variation 1) and in response to the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.

A feedback period up till 6 May 2022 was indicated.

There is no record on the Council’s website of the Council agreeing to officer(s) recommendation to release a draft variation to the community for consultation and feedback, and nor is there any record of the Council agreeing to the scope of such a variation.

By all accounts the decision to consult on a draft Variation and its substance belonged to officers and not to the Councillors.

On 23 June 2022 the Council adopted a recommendation from council officers that a IPI (Intensification Planning Instrument) be notified.

The council officers’ recommendation report about proposed Variation 1 to the Proposed District Plan makes no reference to the provisions of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 relating to Qualifying Matters.

Council adopted that recommendation, and the IPI was notified in the middle of August 2022 with a closing date for submissions of 12 September 2022.

Information Request:

Please provide me with the following information:

i. Details and substance of any decision (formal or otherwise) of the Council to proceed with community engagement in April 2022 about potential amendments to the proposed District Plan (Variation 1) and in response to the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.

ii. If no such decision (formal or otherwise) exists, the reasons why this is the case.

iii. Details and substance of any process (formal or otherwise) by which Councillors were given advice about the concept of Qualifying Matters as provided for in the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.

iv. If no such process was undertaken, and/or no such advice was given to Councillors, (formal or otherwise), the reasons why this is the case.

v.. The reasons why the council officer recommendation report dated 23 June 2022 makes no reference to the concept of 'Qualifying Matters', and how this might relate to the variety of options open to the Council to meet its obligations under the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.

Yours faithfully,

Brian Warburton

Link to this

From: Official Information
Porirua City Council


Attachment image001.png
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Kia ora Brian

 

Receipt of request for official information

 

Thank you for your request for official information received on 31 August
2022 below. We are processing your request under the Local Government
Official Information and Meetings Act (LGOIMA) 1987.

 

You can expect a reply no later than 29 September 2022, which is 20
working days from the day we received your request. If we’re unable to
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decide whether or not to proceed.

 

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Our reference code for any correspondence on this matter is OIA 22-135. 
If you have any queries, please get in touch at
[1][Porirua City Council request email] or phone 04 237 1411.

 

Ngā mihi,

Moana Wyatt (she/her)
Principal Advisor (Chief Executive’s Office)

Kaitohutohu Matua (Tari a te Tumuaki)

Tel: 04 237 1411 I [mobile number]
[2]poriruacity.govt.nz

 

From: Brian Warburton <[FOI #20418 email]>
Sent: Wednesday, 31 August 2022 3:55 pm
To: Official Information <[Porirua City Council request email]>
Subject: [EXTERNAL] Official Information request - Process and Substance -
Variation 1 to the Proposed District Plan

 

Dear Porirua City Council,

Background and Facts:

In April 2022 the Council undertook community engagement about potential
amendments to the proposed District Plan (Variation 1) and in response to
the Resource Management (Enabling Housing Supply and Other Matters)
Amendment Act 2021.

A feedback period up till 6 May 2022 was indicated.

There is no record on the Council’s website of the Council agreeing to
officer(s) recommendation to release a draft variation to the community
for consultation and feedback, and nor is there any record of the Council
agreeing to the scope of such a variation.

By all accounts the decision to consult on a draft Variation and its
substance belonged to officers and not to the Councillors.

On 23 June 2022 the Council adopted a recommendation from council officers
that a IPI (Intensification Planning Instrument) be notified.

The council officers’ recommendation report about proposed Variation 1 to
the Proposed District Plan makes no reference to the provisions of the
Resource Management (Enabling Housing Supply and Other Matters) Amendment
Act 2021 relating to Qualifying Matters.

Council adopted that recommendation, and the IPI was notified in the
middle of August 2022 with a closing date for submissions of 12 September
2022.

Information Request:

Please provide me with the following information:

i. Details and substance of any decision (formal or otherwise) of the
Council to proceed with community engagement in April 2022 about potential
amendments to the proposed District Plan (Variation 1) and in response to
the Resource Management (Enabling Housing Supply and Other Matters)
Amendment Act 2021.

ii. If no such decision (formal or otherwise) exists, the reasons why this
is the case.

iii. Details and substance of any process (formal or otherwise) by which
Councillors were given advice about the concept of Qualifying Matters as
provided for in the Resource Management (Enabling Housing Supply and Other
Matters) Amendment Act 2021.

iv. If no such process was undertaken, and/or no such advice was given to
Councillors, (formal or otherwise), the reasons why this is the case.

v.. The reasons why the council officer recommendation report dated 23
June 2022 makes no reference to the concept of 'Qualifying Matters', and
how this might relate to the variety of options open to the Council to
meet its obligations under the Resource Management (Enabling Housing
Supply and Other Matters) Amendment Act 2021.

Yours faithfully,

Brian Warburton

-------------------------------------------------------------------

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show quoted sections

Link to this

From: Moana Wyatt
Porirua City Council


Attachment image001.png
2K Download

Attachment OIA 22 135.pdf
749K Download View as HTML

Attachment Attachment 1 Workshop Report Variation to the PDP 31 March 2022.pdf
258K Download View as HTML

Attachment Attachment 2 Council Workshop City Wide PDP Variation Presentation.pdf
994K Download View as HTML

Attachment Attachment 3 Northern Growth Area public consultation boards.pdf
5.6M Download View as HTML

Attachment Attachment 4 Email from CE Scope of Variation1 8 Sept 22.pdf
1.0M Download View as HTML


Kia ora Brian

Please find attached a reply to your recent Local Government Official
Information and Meetings Act request relating to the process and substance
of Variation 1 to the PDP.

 

Ngā mihi,

Moana Wyatt (she/her)
Principal Advisor (Chief Executive’s Office)

Kaitohutohu Matua (Tari a te Tumuaki)

Tel: 04 237 1411 I [mobile number]
[1]poriruacity.govt.nz

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is intended only for the person named above. If this email is not
addressed to you, you must not use, disclose or distribute any of the
content. If you have received this email by mistake, please notify the
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