the Anchorage Tutukaka
Paul Barrell made this Official Information request to Whangarei District Council
Response to this request is long overdue. By law Whangarei District Council should have responded by now (details and exceptions). The requester can complain to the Ombudsman.
From: Paul Barrell
Dear Whangarei District Council,
I am wanting to know what year the Anchorage Tutukaka subdivision was done and why there was not a reserve contribution inforced as the stream that boarders the subdivision parallel with matapouri road is well over the 3 metres width aloud by the Wdc standards which should have by Wdc law triggered the reserves contribution.
Yours faithfully,
Paul Barrell
From: Mail Room
Whangarei District Council
This is an automated response, just to let you know we’ve received your
email/form.
We will pass your message on to the team and they will get in touch with
you as soon as they can.
From: Call Centre Public Folder
Whangarei District Council
Kia ora Paul,
Thank you for contacting Whangarei District Council.
Your correspondence has been received and referred to the Democracy and
Assurance department for a response.
Please quote CRM No. COP002139 if you require any further information.
Regards, Rochelle
Whangarei District Council Contact Centre
Private Bag 9023 | Whangarei 0148 | [1]www.wdc.govt.nz
Ph: 094304200 | E: [email address]
-----Original Message-----
From: Paul Barrell
[[2]mailto:[FOI #7021 email]]
Sent: Thursday, 14 December 2017 12:51 PM
To: Mail Room <[Whangarei District Council request email]>
Subject: Official Information request - the Anchorage Tutukaka
Dear Whangarei District Council,
I am wanting to know what year the Anchorage Tutukaka subdivision was done
and why there was not a reserve contribution inforced as the stream that
boarders the subdivision parallel with matapouri road is well over the 3
metres width aloud by the Wdc standards which should have by Wdc law
triggered the reserves contribution.
Yours faithfully,
Paul Barrell
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From: Rebecca Rowsell
Whangarei District Council
Dear Mr Barrell
Thank you for your request received by us on 14 December 2017 seeking
information relating to the Anchorage Tutukaka subdivision.
Your request has been logged by us as a request under the Local Government
Official Information and Meetings Act 1987 (reference COP002139). You can
use this reference number in any follow-up queries you may have.
Council is ordinarily required to respond to requests under the Act no
later than 20 working days after receipt of a request. I note that under
section 2(1) of the Act, the period from 25 December 2017 to 15 January
2018 is not counted for the purposes of calculating working days. While
we will make every effort to respond to your request as soon as possible,
there may potentially be a delay over the Christmas period.
Kind regards
Rebecca Rowsell
Legal Adviser | Whangarei District Council
Private Bag 9023 | Whangarei 0148 | [1]www.wdc.govt.nz
P: 09 430 4200 | DDI: 09 470 3182 | [mobile number]
E: [2][email address]
[3]Description: cid:[email address]
[4]email-sig-1---harbour
-----Original Message-----
From: Paul Barrell [mailto:[FOI #7021 email]]
Sent: Thursday, 14 December 2017 12:51 PM
To: Mail Room <[Whangarei District Council request email]>
Subject: Official Information request - the Anchorage Tutukaka
Dear Whangarei District Council,
I am wanting to know what year the Anchorage Tutukaka subdivision was done
and why there was not a reserve contribution inforced as the stream that
boarders the subdivision parallel with matapouri road is well over the 3
metres width aloud by the Wdc standards which should have by Wdc law
triggered the reserves contribution.
Yours faithfully,
Paul Barrell
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[5][FOI #7021 email]
Is [6][Whangarei District Council request email] the wrong address for Official Information
requests to Whangarei District Council? If so, please contact us using
this form:
[7]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
References
Visible links
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2. mailto:[email address]
5. mailto:[FOI #7021 email]
6. mailto:[Whangarei District Council request email]
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hide quoted sections
From: Rebecca Rowsell
Whangarei District Council
Dear Mr Barrell
Thank you for your request received by us on 14 December 2017 seeking
information relating to the Anchorage Tutukaka subdivision. Your request
was referred to council’s Resource Consents team for consideration and
they have advised that:
o The subdivision was approved on 21 October 2004;
o At the time the application was assessed an esplanade reserve was not
considered to be required.
I hope this information is of some assistance in responding to your
questions. If you believe we have not responded appropriately to your
request, you have the right by way of complaint, under section 27(3) of
the Act, to apply to the Ombudsman to seek an investigation and review of
the decision.
Kind regards
Rebecca Rowsell
Legal Adviser | Whangarei District Council
Private Bag 9023 | Whangarei 0148 | [1]www.wdc.govt.nz
P: 09 430 4200 | DDI: 09 470 3182 | [mobile number]
E: [2][email address]
[3]Description: cid:[email address]
[4]email-sig-1---harbour
-----Original Message-----
From: Paul Barrell
[[5]mailto:[FOI #7021 email]]
Sent: Thursday, 14 December 2017 12:51 PM
To: Mail Room <[6][Whangarei District Council request email]>
Subject: Official Information request - the Anchorage Tutukaka
Dear Whangarei District Council,
I am wanting to know what year the Anchorage Tutukaka subdivision was done
and why there was not a reserve contribution inforced as the stream that
boarders the subdivision parallel with matapouri road is well over the 3
metres width aloud by the Wdc standards which should have by Wdc law
triggered the reserves contribution.
Yours faithfully,
Paul Barrell
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[7][FOI #7021 email]
Is [8][Whangarei District Council request email] the wrong address for Official Information
requests to Whangarei District Council? If so, please contact us using
this form:
[9]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[10]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
References
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1. http://www.wdc.govt.nz/
2. mailto:[email address]
5. mailto:[FOI #7021 email]
6. mailto:[Whangarei District Council request email]
7. mailto:[FOI #7021 email]
8. mailto:[Whangarei District Council request email]
9. https://fyi.org.nz/change_request/new?bo...
10. https://fyi.org.nz/help/officers
hide quoted sections
From: Paul Barrell
Dear Rebecca Rowsell,
11.2 Overview
The Resource Management Act 1991 provides for esplanade reserves and strips to
be created for the following purposes:
Protection of conservation values, natural functioning of the adjacent sea or water
body, water quality, aquatic habitats, natural values and mitigating natural hazards;
To enable public access;
To enable public recreational use, where use is compatible with conservation
values.
The District contains a number of significant ecological sites, riparian habitats, and
outstanding landscapes and natural features, which are located within the coastal
environment or alongside rivers and streams, and merit conservation. A number of
sites of significance to Maori have been identified alongside rivers and within the
coastal environment. These areas should be given priority when obtaining esplanade
reserves.
The coast and numerous rivers within the District have high recreational values and
high usage, particularly near residential settlements. There is a need to provide public
access to, and along, the coast, and to those rivers which have significant recreational
values, in order to provide for people's recreational needs and expectations. In some
circumstances it may be necessary to restrict or exclude public access, to protect
human health and safety, or ecological values.
Esplanade areas can also be a valuable instrument in hazard mitigation. Esplanade
areas can provide a 'buffer' between land use and waterways, as well as providing a
means to minimise the risk of property loss. Coastal areas including Whananaki,
Matapouri, Ngunguru and Pataua are prone to accretion and erosion. In these areas
the acquisition of an esplanade area could limit development along the foreshore and
thereby minimise the risks of property loss. The occurrence of natural hazards may
preclude public access in some places.
The Resource Management Act 1991 specifies that an esplanade reserve of 20
metres in width shall be created upon subdivision of lots less than four hectares,
adjoining either the coast or a river greater than three metres in width. The Plan may
provide exceptions and variations to this model. Additionally, the Plan may stipulate
the criteria or location of areas where an esplanade reserve may be required on lots
exceeding four hectares. As an alternative to the esplanade reserve, the Resource
Management Act 1991 provides for the creation of an esplanade strip, whereby the
private landowner retains ownership.
Part C – Policies - Riparian and Coastal Margins
Chapter 11 Page 2 Whangarei District Plan
Esplanade reserves are created automatically:
Where roads vested in local authorities that abut mean high water springs, are
stopped (section 345(3) of the Local Government Act 1974); or
Where any road along the banks of a river with an average width of 3.0 metres or
more is stopped (section 345(3) Local Government Act 1974); or
Under section 116 of the Public Works Act 1981
Can you explain to me why a reserve wasn't considered to be required after reading the above? It seems to me the council are not consistent with there own laws and pick and choose what they do and don't want which i would think is not legal at all.
Yours sincerely,
Paul Barrell
From: Paul Barrell
Dear Rebecca Rowsell,
Could you/Wdc please tell me why an esplanade/reserve was not considered to be required at the
Anchorage Tutukaka subdivision. Stream over 3 meters, flood susceptible? there is another subdivision happening right now the Marina Close by the same stream and still no esplanade/reserve. Please explain.
Yours sincerely,
Paul Barrell
From: Rebecca Rowsell
Whangarei District Council
Thank you for your email. I am currently on Annual Leave and will respond
to your email upon my return on Wednesday 7 February 2018. If your matter
is urgent please contact our call centre on (09) 430 4200.
Kind regards
Rebecca Rowsell
Legal Adviser | Whangarei District Council
Private Bag 9023 | Whangarei 0148 | [1]www.wdc.govt.nz
P: 09 430 4200 | DDI: 09 470 3182 | [mobile number]
E: [2][email address]
References
Visible links
1. http://www.wdc.govt.nz/
2. mailto:[email address]
From: Rebecca Rowsell
Whangarei District Council
Dear Mr Barrell
I apologise for the delay in responding to your follow-up question in
relation to your request (ref COP002139). I note that the consent
application for the Anchorage Tutukaka subdivision that you are referring
to was submitted to Council for consideration close to 15 years ago. The
key council planning staff involved in the assessment of the subdivision
application no longer work for council and accordingly it is not possible
to definitively confirm why an esplanade reserve was not considered to be
required in relation to the waterway that you are referring to. However,
the documentation associated with the consent file appears to suggest that
the waterway in question was classified as a culvert or open drain
throughout the application and considered primarily in terms of its impact
on issues of flooding and stormwater management rather than as a natural
waterway necessitating an esplanade reserve. I note that you have also
referred to another subdivision “Marina Close”. In the absence of a more
detailed description of the property in question, our Resource Consent
team are unsure which particular subdivision you are referring to and
accordingly are unable to comment on the issue you have raised.
If you believe we have not responded appropriately to your further
request, you have the right by way of complaint, under section 27(3) of
the Act, to apply to the Ombudsman to seek an investigation and review of
the decision.
Kind regards
Rebecca Rowsell
Legal Adviser | Whangarei District Council
Private Bag 9023 | Whangarei 0148 | [1]www.wdc.govt.nz
P: 09 430 4200 | DDI: 09 470 3182 | [mobile number]
E: [2][email address]
[3]Description: cid:[email address]
[4]email-sig-1---harbour
-----Original Message-----
From: Paul Barrell [mailto:[FOI #7021 email]]
Sent: Saturday, 3 February 2018 8:20 PM
To: Rebecca Rowsell <[email address]>
Subject: Re: Ref:COP002139 - Official Information request - the Anchorage
Tutukaka
Dear Rebecca Rowsell,
Could you/Wdc please tell me why an esplanade/reserve was not considered
to be required at the Anchorage Tutukaka subdivision. Stream over 3
meters, flood susceptible? there is another subdivision happening right
now the Marina Close by the same stream and still no esplanade/reserve.
Please explain.
Yours sincerely,
Paul Barrell
-----Original Message-----
Dear Mr Barrell
Thank you for your request received by us on 14 December 2017 seeking
information relating to the Anchorage Tutukaka subdivision. Your
request was referred to council’s Resource Consents team for
consideration and they have advised that:
o The subdivision was approved on 21 October 2004; o At the time the
application was assessed an esplanade reserve was not considered to be
required.
I hope this information is of some assistance in responding to your
questions. If you believe we have not responded appropriately to your
request, you have the right by way of complaint, under section 27(3) of
the Act, to apply to the Ombudsman to seek an investigation and review of
the decision.
Kind regards
Rebecca Rowsell
Legal Adviser | Whangarei District Council
Private Bag 9023 | Whangarei 0148 | [1][5]www.wdc.govt.nz
P: 09 430 4200 | DDI: 09 470 3182 | [mobile number]
E: [2][email address]
[3]Description: [6]cid:[email address]
[4]email-sig-1---harbour
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #7021 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[8]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
References
Visible links
1. http://www.wdc.govt.nz/
2. mailto:[email address]
5. http://www.wdc.govt.nz/
6. file:///tmp/cid:[email
7. mailto:[FOI #7021 email]
8. https://fyi.org.nz/help/officers
hide quoted sections
From: Paul Barrell
Dear Rebecca Rowsell,
A very interesting answer from the yourself and the Wdc. On Wednesday the 6th of Feb i had a meeting with The honorable Cheryl Mai, Anna murphy and Andrew Carvell about some issues i have regarding reserve and esplanade maintenance and contribution rules and the lack of information the council provide to OIA requests and they seem to know about the marina close subdivision in tutukaka and i have a fair idea why no reserve was given i seems to be different rules for different people. The Anchorage stream is a tidal stream and was as you say only classified as a culvert or open drain and considered primarily in terms of its impact on issues of flooding and stormwater management that stream is at least 4 meters wide and the bridge still floods over in heavy rain and high tides all so the marina close land all so floods and has a slip hazard from the hill on the east side as it slipped last year across the road and on to the land now being subdivided. And you say the Wdc knows nothing about the subdivision that comes as a big surprise to me you might want to contact one of the above people i had the meeting with on the 6/2/2018 as i am thinking the Wdcs left hand doesnt know what the right hand is doing.
Yours sincerely,
Paul Barrell
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