28 January 2026
File ref: IRC-9545
Wellington City (Brooklyn) Rate Payer
[FYI request #33223 email]
Tēnā koe Wellington City (Brooklyn) Rate Payer
Thank you for your email of 10 December 2025 to Te Kaunihera o Pōneke | Wellington City Council (the
Council), requesting the following information:
This request relates to the development, internal rationale and decision drivers for District Plan
Change 1 (EW-R2 amendment: Earthworks for constructing and maintaining tracks in the General
Rural Zone).
I am seeking information about Wellington City Council staff acting in their official capacity. Please
note that the identities, communications and actions of staff acting in the course of their public duties
are not protected by s7(2)(a) of the Act unless special circumstances exist. Please keep this in mind
when assessing any withholding for privacy.
If any part of the following query requires refinement, please identify exactly which item and why,
rather than asking to narrow the whole request, so as to be able to continue on collecting the rest
while the requested part is refined.
1. Internal memos, briefings and decision rationale Please provide documents created between 1
January 2023 and the date of this request:
- Any internal briefing notes, issue assessments, or memos prepared by Planning Policy, Resource
Consents or Compliance teams that identify a need to amend EW-R2 or initiate Plan Change 1.
- Any documents discussing risks, gaps, or loss of regulatory coverage following the removal of the
Ridgelines and Hilltops Overlay (RLHTO) in the Council Decisions version of the Proposed District
Plan.
- Any internal reports that compare the former RLHTO controls with the proposed EW-R2 controls,
including analysis of how regulatory ability may shift.
2. Communications regarding the Planning Bill or amenity-based effects Please provide:
- Any emails, meeting notes, summaries or internal communications relating to the Planning Bill or
the shift away from regulating amenity and visual effects, where these discussions relate to rural
earthworks or EW-R2.
- Any internal or external (MfE to WCC or WCC to MfE) communications in which staff discuss how
the Planning Bill may affect the Council’s ability to regulate rural tracks, visibility-based effects, or
earthworks.
I am not requesting all Planning Bill correspondence, only the material where EW-R2, rural
earthworks, or the implications of losing amenity-based controls are discussed.
3. Internal discussions about regulatory control or gaps Please provide:
- Any internal emails or meeting notes in which staff discuss concerns about retaining regulatory
oversight of rural land modification, the impact of RLHTO removal, increased construction of tracks
associated with permitted activities, or the need to strengthen earthworks triggers due to
enforcement difficulties.
- Any internal descriptions of EW-R2 as a mechanism to maintain or restore regulatory control
following the removal of visibility-based or amenity-based tools.
4. Drafts, comments and approvals
Please provide:
- All versions of the Plan Change 1 proposal where wording relating to EW-R2 differs materially from
the notified version.
- Any comments or instructions from senior planning staff, managers or legal advisors explaining the
purpose of the rule change or expressing concern about loss of regulatory ability under the new
planning system.
- Any documents showing who authorised the drafting of Plan Change 1 and the reasons cited for
initiating it.
5. Withholding and clarification
If any information is withheld, please specify for each item:
- whether a redacted or summary version can be provided.
Your request is being considered under the Local Government Official Information and Meetings Act 1987
(LGOIMA).
This letter is to advise you that the Council needs to extend the due date of your response for 15 working
days, pursuant to section 14(1)(b) of the LGOIMA, as consultations necessary to make a decision on the
request are such that a proper response to the request cannot reasonably be made within the original time
limit.
For this reason, you can expect a response from the Council no later than
19 February 2026.
You have the right, by way of complaint under section 27(3) of the LGOIMA, to request an investigation and
review of WCC’s decision to extend by the Ombudsman. Information about how to make a complaint is
available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
If you require further information, please contact
[Wellington City Council request email].
Nāku noa, nā
Chelsea McHugh
Senior Advisor Official Information
Risk & Assurance Team
Wellington City Council
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