Changes coming- what happened in these 3 weeks? Sep 23-Oct 16
Articles written and received Sep 23 thru Oct 16, 2018
23/09 2018
Mayor tells Stuff the error was down to a mix-up during discussions while the plan was being drawn up in 2016. Resource-consent-crisis-caused-by-an-oversight-mayor-lianne-dalziel-says
7 OCT
Warwick Shaffer Deputy CCRU- 7 OCT
Update on the 'missing clause' and the s71 process that is being used to fix it. (Along with some personal observations)
The release of Judge Hansens letter confirmed that the district plan was not as the IHP (Independent Hearing Panel) intended. CCRU and community board members had long argued this but the CCC response was that the panel would have put it in if they wanted it in so it is as intended. A quite clearly farcical stance (IMO) but what can you do.
We were in the process of going around the CCC to get the Government and Regenerate to fix this when the letter broke.
The letter meant that CCC could no longer claim things were as intended. I think the uproar focused the minds of elected members including the mayor who to her credit has taken time to understand this.
If the council had alerted the panel to the omission before the panel was disbanded the problem could have been fixed with the stroke of a pen, but now it is a much harder proposition. The process selected is 'Section 71' s71 gives the government powers to change the district plan. (The council is not able to change its own plan at the moment)
s71 is a bit of a process in itself and has a number of 'stake holders' so potentially could be drawn out. However if all the stars align, it could also be done by Christmas.
To achieve this by Christmas real urgency is required and everyone involved will have to work together. If this is pulled off by Christmas it will be a real achievement for CCC - elected members and staff, Regenerate, the government, community and the other stake holders.
It is quite a tricky thing. As well as compacting s71 down to the min possible time frame there is going to be an attempt to 'verify' the original wording with some of the original panel members. This is delicate and has the potential to open a can of worms. The argument is that the original clause was not tested properly and that the minister and stake holders will want reassurance that what is being put in front of them is what the panel intended.
This may be valid but there is deep community suspicion and mistrust in council on this subject. 'Will they use this to nudge things a bit further in their direction' is a thought that runs through everyones minds.
The proof will be in the tasting but I have to say, so far so good. We are getting invited to the important meetings and it feels like we are being treated as a stake holder. We just have to wait to see if our input carries any weight. Community will not want to see anything that is less enabling than the current clause.
As I said going back to the panel to verify the wording is a delicate stage and potentially a real test for council - community collaboration. A good process here and a consensus outcome would be a real win, confidence building and potentially lay foundations for future.
The nuts and bolts of the process itself are as follows.
We are told that at the end of the process the Minister can only accept or reject the proposal. I have heard slightly contrary advice to this which should possibly be explored but for now I think it is best to assume it is a yes/no from the minister and so the proposal needs to be solid and well supported.
A key date is Oct 23. This is the next council meeting where councillors vote on the wording that will go to strategic partners.
Between now and Oct 23 that wording needs to be finalised which means going back to panel members (busy people) and asking them if the current wording/policy is as they would like it.
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The current wording:
In High Flood Hazard Management areas: