Clarification of method of applying District Plan Rules and Standards
Wellington RatePayer made this Official Information request to Wellington City Council
Response to this request is long overdue. By law Wellington City Council should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Wellington RatePayer
Dear Wellington City Council,
In the “General Approach” Section of the “How the Plan Works” within "Part 1 – Introduction and General Provisions” of the new 2024 District Plan, the following instruction is provided:
"The rules have the effect of regulations and set out the activity status for different activities that may be proposed. There may be a number of rules that apply. Each rule has a specific number; for example MRZ-R4.
Rules may refer to standards that need to be complied with. Again, there may be a number of standards that apply. Each standard has a specific number; for example MRZ-S4."
From the above statement we note that it is unclear if Rules have a relationship to one or more *specific* Standards, or all Standards must be complied with -- in which case there would be no reason to refer to any Standard from within a Rule.
For example, in the General Rural Zone:
ER-R3: Earthworks for the purposes of constructing and maintaining public walking or cycling tracks in Open Space and Recreation Zones
is defined as a Permitted activity where Compliance is achieved with EW-S9.
EW S9: Track width associated with the construction or maintenance of walking and cycling tracks in the Open Space and Recreation Zones
Noting that:
- no where within the the district plan’s Instructions, nor the text of EW-R3 or EW-S9 refer to any other Rule or Standard.
- EW-R3's text clearly states that the Rule is permitted when Compliance with EW-S9 is met.
Please confirm that the district plan, as currently published, permits making bike tracks of 1.5m width or less, even if surpassing limits defined in other -- but unspecified -- Standards (EW-S2, EW-S1, etc.).
If not, please provide an evidenced rebuttal clarifying why the above interpretation is incorrect, and that the other unreferenced Standards are applicable as well.
Thank you.
Yours faithfully,
Wellington RatePayer
From: BUS: Official Information
Wellington City Council
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From: BUS: Official Information
Wellington City Council
Kia ora Wellington RatePayer
Thank you for your email dated 4 August requesting information.
Our team will manage your request under the Local Government Official Information and Meetings Act 1987 which requires us to provide a decision as soon as possible, but no later than 30 August, being 20 working days of receipt.
The reference number for your request is IRC-6857
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Official Information Team
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