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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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-----Original Message-----
From: Wellington RatePayer <[FYI request #27906 email]>
Sent: Sunday, August 4, 2024 2:56 PM
To: BUS: Official Information <[Wellington City Council request email]>
Subject: Official Information request - Clarification of method of applying District Plan Rules and Standards

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

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