Tag: David Kirkpatrick

Unitary Plan Hearings to be Simplified

·

End of October the simplified material is out

 

After quite a few Memorandum for Counsel letters appearing (see: Developments from the Unitary Plan Hearings ) the Unitary Plan Independent Hearings Panel is working through things to simplify the processes.

From the Unitary Plan Independent Hearings Panel:

Simpler hearings process tools being developed

 

Help is at hand for submitters to the Auckland Unitary Plan hearings who are having difficulties understanding and navigating the hearings process.

The Independent Hearings Panel considering the more than 9500 submissions – and a further 3500 further submissions – says it’s important that the process encourages everyone to be involved.

One misconception is that submitters can only take part in the hearings process if they have legal counsel, expert witnesses and evidence.

The chair of the Independent Hearings Panel, Judge David Kirkpatrick, said this most definitely is not the case and while this was explained in documents on the Panel’s website, it needs to be highlighted.

“Some feedback is highlighting the complexity of the process and the difficulties some members of the public are having getting to grips with the key information so we are addressing that immediately,” said Judge Kirkpatrick.

“We want it to be as simple as possible for submitters to participate. 

“The Unitary Plan process is big and complicated – it’s a complete review of the regional policy statement, four regional plans and seven district plans – but submitters can keep it relatively simple if they want to.”

Judge Kirkpatrick said Panel staff are:

  • producing a summary ‘How To’ guide
  • producing a YouTube video of the guide
  • having ‘Drop In’ clinics where staff can guide submitters through the process
  • redesigning the Panel’s website so it is geared more towards lay submitters, and
  • producing a new spreadsheet to more clearly identify for submitters which hearing topics their submissions are linked to.

 

This will all be available by the end of October.

The first Drop In clinic is at the Panel’s offices in central Auckland, another is being planned for Orewa and more will be organised around the region if there is demand.

The Panel may also consider holding a number of hearings outside of central Auckland and, possibly, outside normal working hours once more locally specific topics are being considered.

“It’s early days in a two-year process and as submitters get more used to the process and we make improvements, it will be much less daunting than some people have found it to be,” said Judge Kirkpatrick.

Panel staff are available to help submitters with questions and guidance through contact at info@aupihp.govt.nz or 09 979 5566

……….

 

This is a start. The Litmus Test will be the Regional Policy Statement, and the Rural Urban Boundary submissions working their way through the Hearings Panel now (where also the most anguish around the complexity of the Hearings process occurred as well).

I am not due to present and give my submission until next year.

 

Unitary Plan Hearings Under-Way

·

Day One Begins

 

From Auckland Council

Hearings on shaping Auckland’s development underway

 

New Zealand’s largest planning review gets underway in Auckland today with an Independent Hearings Panel beginning its deliberations on Auckland Council’s  Proposed Auckland Unitary Plan.

The hearing is before Environment Court judge, David Kirkpatrick who chairs the Panel, and seven panel members. There are also 15 mediators and facilitators who will help resolve issues through expert conference and mediation.

The Proposed Auckland Unitary Plan sets the rules about how the Auckland region will develop over decades, including what can be built and where, and how to protect the environment and Auckland’s built and cultural heritage.

More than 9500 submissions were made on the Proposed Auckland Unitary Plan.  The Panel will consider the views of submitters – plus a further 3500 submitters who have responded to the original submissions – over 74 topics.

Judge Kirkpatrick said the hearing is the biggest ever in New Zealand planning history because it involves the Regional Policy Statement and both the Regional and District Plan documents all wrapped up  in one document.

“There’s been a huge number of submissions and a high level of public participation – and that’s a good thing for such an important document,” said Judge Kirkpatrick.

He said the requirements of the Local Government (Auckland Transitional Provisions) Act made this hearing different from the traditional adversarial planning hearing. The Act has a requirement that the Panel use pre-hearing processes and mediation to help identify the most appropriate planning position for the Auckland region.

“So there’s a large level of the ‘Good of the Auckland region’ objective here rather than simply saying which side wins and which side loses,” said Judge Kirkpatrick.

“With the complex issues involved we have to have a very clear high-level regard for the sustainable management of the resources of the whole Auckland region. If we adopted a solely technical approach to our task we would ‘miss the wood for the trees’.”

He said the Panel is working to an extremely tight timeframe to complete its report to Auckland Council by July 2016 on changes it thinks should be made to the plan.

The Panel will be working through a process ‘from the general to the particular’.  It will start with the Regional Policy Statement issues such as rural/urban growth, residential and industrial growth and higher level transport issues. It will then deal with the more specific rule-based issues and then move on to the site-specific changes.

“It’s important that we have integration between the higher-level objectives and strategy of the plan and the methods on the ground,” said Judge Kirkpatrick.

“We could compromise a policy very easily by simply by having exceptions to the rules which give away its validity.”

Judge Kirkpatrick said the Panel is endeavouring where possible to come to decisions on issues when the Panel hears from submitters.

“It’s better that we do it when we hear from people, but we acknowledge that as we go through we are likely to have to go back and reconsider some of the things we have decided.

“We need to make sure that our decision-making has been consistent throughout and that the recommendations we are making to Council produce an integrated set of planning provisions.”

—————————-

 

The Hearings’ Order Paper

 

The Unitary Plan Independent Hearings Panel website can be found here: http://www.aupihp.govt.nz/

 

Talking Auckland will keep a roving update from the Hearings Panel as relevant information comes to hand