The purpose of Minute 1 is to outline the procedures for the hearing of submissions on Proposed Waimakariri District Plan (the PDP) and Variations 1 (Housing Intensification) and 2 (Financial Contributions) to the PDP.
If anyone has any questions about this Minute, please contact the Hearings Administrator. The Council has appointed Audrey Benbrook as Hearings Administrator. Audrey's contact details are:
Phone: 0800 965 468
Email: audrey.benbrook@wmk.govt.nz
The purpose of Minute 2 is to:
a. Confirm the appointment of the Independent Hearings Panel to hear submissions on Variation 1
b. Respond to matters raised in respect of our Minute 1 – Procedural Issues
c. Update Minute 1 – Procedural Issues
d. Request the Council to provide information and legal advice regarding the scope of Variation 1 and the applicability of Clause 16B to Variation 1 and invite parties to respond
e. Respond to the appended Council memorandum requesting the deferring of the hearing of the ECO – Ecosystem and Indigenous Biodiversity Chapter.
The purpose of Minute 3 is to:
a. Respond to the Memorandum received from the Waimakariri District Council Hearing Stream 3 Chapter Authors dated 2 May 2023.
b. Put a series of questions to Council s42A report authors in advance of the hearing of submissions in Hearing Streams 1 and 2 commencing
The purpose of Minute 4 is to:
(a) Respond to the Momentum Land Limited memorandum dated 4 May 2023.
(b) Formally request that the Council provides a memorandum to the Hearings Panel on its intended approach to giving effect to the National Policy Statement on Highly Productive Land 2022, which was gazetted after the PDP was notified.
(c) Put a series of questions to Council s42A report authors to respond to in preparing their Reply Reports to the Panel, due by Friday 16th June 2023.
(d) Advise on updates to Minute 1 on procedural matters.
The purpose of Minute 5 is to:
(a) Set out next steps in response to:
The submitters’ memoranda on the Council’s Variation 1 memorandum
the Council and submitters memoranda on the Momentum Land Limited memorandum.
(b) Formally request that the Council provides a memorandum to the Hearings Panel on its intended approach to submissions that seek more substantial rezonings.
(c) Request that the Council answers a further question in respect to how it intends to addressing submissions relating to the NPS-HPL.
The purpose of Minute 6 is to:
(a) Formally request that the Council provides a memorandum to the Hearings Panel on its intended approach to giving effect to the National Policy Statement on Indigenous Biodiversity, which comes into force on 4th August 2023
(b) Put a series of questions to Council s42A report authors to respond to in preparing their Reply Reports to the Panel, due by 11 August 2023.
(c) Put further questions to Council’s s42A report author on the Strategic Directions chapter.
(d) Provide guidance and make requests to s42A report authors.
The purpose of Minute 7 is to:
(a) Respond to the Council’s updated memorandum on the NPS-HPL and to invite submitters’ responses to the memorandum
(b) Respond to the Council’s request for a consolidated response in respect to Variation, scheduling of hearing of submissions on Airport Noise Contour, bird strike and growth related policies and substantive rezonings.
(c) Put a series of questions to Council s42A report authors for Hearing Stream 3 to respond to in preparing their Reply Reports to the Panel, due by 11 August 2023.
The purpose of Minute 8 is:
(1) The Reply Report for Natural Hazards, which was heard in Hearing Stream 3 was due to be provided on the 18 August 2023. On the same date, the Hearings Panel received a memorandum from the s42A reporting author requesting to provide the Reply Report on 1 September 2023. The memorandum is available on the Council webpage and sets out the reasons for the request for the extension of time.
(2) The Hearings Panel has considered the request and the circumstances, and having done so, provides leave to the s42A reporting author to provide the Reply Report by the date requested.
The purpose of Minute 9 is to:
(a) Set out our response to s42A report authors seeking more time to complete Reply Reports for Hearing Streams 3 and 4.
(b) Respond to the late evidence provided by the Council’s Transport Engineer in respect to the Transport Chapter s42A report heard in Hearing Stream 5, and to set directions to address that late evidence.
(c) Direct expert conferencing arising out of Hearing Streams 4 and 5.
(d) Respond to Council’s memorandum of 18 August 2023, regarding Variation 1, the hearing schedule and other matters, and invite submitters to respond to particular matters in that memorandum no later than 4pm Monday 18 September 2023.
(e) Put a series of questions to Council s42A report authors for Hearing Stream 5 to respond to in preparing their Reply Reports to the Panel, due by 4pm Friday 29 September 2023.
The purpose of Minute 10 is to:
(a) Set out the Hearings Panel’s final directions in respect to rezoning requests.
(b) Respond to Council’s memorandum of 8 September 2023 regarding strategic directions.
The purpose of this Minute is to:
(a) Provide parties with an updated hearing schedule, including details of Panel composition and hearing venue.
(b) Alert parties to an updated conflict of interest register
(c) Respond to the Council memorandum on the National Policy Statement on Indigenous Biodiversity (NPS-IB) and set out next steps
(d) Respond to Council’s memorandum of 29 September 2023 regarding strategic directions.
The purpose of Minute 12 is to:
(a) Request that the Council provides a memorandum to the Hearings Panel on the impact of the new National Environmental Standard on Commercial Forestry, which comes into effect from 3 November 2023. The memorandum is to be provided by Thursday 30 November 2023.
(b) Put questions to the Council s42A Open Space and Recreation Zone report author to respond to in preparing their Reply Report to the Panel, due by Friday 3 November 2023.
(c) Set out next steps for the Council s42A Rural Zone report author to finalise their response to the Panel’s preliminary questions.
(d) Respond to the memorandum from McAlpines seeking leave to table further legal advice.
The purpose of Minute 13 is to put questions to the Council s42A Rural Zone report author to respond to in preparing their Reply Report to the Panel, due by Friday 15 December 2023.
The purpose of Minute 14 is to respond to the Memorandum of Counsel for Richard and Geoff Spark (Spark Memo) regarding the timetabling of hearing of their submissions on DEV-SER-APP1, dated 21 November 2023.
The purpose of Minute 15 is to respond to the Council memorandum (Council memo) received on 1 December 2023, seeking to move the timing of hearing of submissions on the Industrial Zone in Hearing Stream 9 to immediately after Hearing Stream 8. Hearing stream 8 is scheduled to commence on 17 April 2024.
The purpose of Minute 16 is to:
(a) raise an issue in respect to TRAN-S1 and Tables TRAN-3 and TRAN-4 on road widths that the Hearings Panel has identified in its preliminary deliberations on the TRAN – Transport Chapter and set out the steps to address and resolve that issue.
(b) respond to the Council memorandum (Council memo) received on 8 December 2023 regarding Strategic Directions and set out next steps.
(c) respond to the Council memo received on 28 November 2023 regarding the NES-CF and set out next steps.
The purpose of Minute 17 is to respond the Memorandum of counsel on behalf of Carter Group Limited and Rolleston Industrial Developments Limited (the Memo), who seek that the IHP direct the Council to produce further information in respect to the “Waimakariri Residential Capacity and Demand Model – IPI 2023 Economic Assessment – Dated 8 December 2023” (Economic Report). The Memo also indicates that the submitters will be seeking a direction for expert conferencing after the Council’s s42A report has been released.
The purpose of Minute 18 is to:
a. Respond to the following Memos which can be found on the Council website:
i. The Memorandum from the Council (the Council memo) seeking that Hearing Stream 7 be relocated to August 2024
ii. the Memorandum of counsel on behalf of the Waimakariri District Council and the Oxford-Ohoka Community Board (the OOCB Memo), who seek clarification whether further submitter evidence is due at the same time as submitter evidence for Hearing Stream 12
iii. The Memorandum of counsel on behalf of Dexin Investments Ltd (the Dexin Memo), who seek further details of the scheduling of Hearing Stream 12.
b. Set out the timing of the provision of s42A reports and submitter and further submitter evidence for Hearing Stream 12
c. Set out the IHP Panel’s intention to direct expert conferencing following the hearing of evidence on Hearing Stream 10A.
The purpose of Minute 19 is:
As of 5pm Wednesday 14th February 2024, the IHP had received no formal requests for leave to cross-examine expert witnesses in respect to the Variation 1 elements of Hearing Stream 10A. Accordingly, there will be no cross-examination occurring during Hearing Stream 10A.
The purpose of Minute 20 is to:
(a) Put a series of questions to Council s42A report authors for Hearing Streams 9A, 10 and 10A1 to respond to in preparing their Reply Reports to the Panel
(b) Respond to the Memoranda received from Submitters in response to Minute 18 and the timing, sequencing and provision of evidence in respect of Hearing Stream 12
(c) Set out next steps and Panel directions and requests in respect of Hearing Streams 10A and 12, in particular relating to expert conferencing and the provision of Reply Reports for Hearing Stream 10A
(d) Provide clarification on the timetable for Hearing Stream 12 and sub-streams.
The purpose of Minute 21 is to:
- formally record and respond to the requests for extensions to the provision of evidence for Hearing Stream 12. Evidence was due to be submitted no later than Tuesday 5th March 2024
- Respond to the Memorandum from Kāinga Ora seeking to extend the economics expert conferencing requested through Minute 20 to include economics experts who will be involved in Hearing Stream 7.
The purpose of Minute 22 is to:
a. Formally record and respond to a further request for an extensions to the provision of evidence for Hearing Stream 12. Evidence was due to be submitted no later than Tuesday 5th March 2024
b. Respond to the Memorandum of Counsel for Rolleston Industrial Developments Ltd (RIDL) and Carter Group Property Ltd (Carter) (RIDL Memo) regarding expert conferencing
c. Respond to the Memorandum from Council (Council Memo) seeking to further relocate the Ecosystems and Indigenous Biodiversity hearing to Hearing Stream 7.
The purpose of Minute 23 is to:
a. Put a series of questions to Council s42A report authors for Hearing Streams 8, 9A, 11 and 11A to respond to in preparing their Reply Reports to the Panel by no later than 4pm Monday 6th May 2024.
b. Request Council to provide advice to the Hearings Panel how they propose to approach reporting on submissions for rezoning submissions to the PDP and Variation 1 that apply to the same site to the PDP Hearings Panel and the IHP, by no later than 4pm Monday 6th May 2024. And, subsequently, invite submitters to respond to the Council advice within five working days of the advice being received.
c. Respond to the Council request to excuse the Council Urban Design and Landscape expert from attending HS12D – Ohoka and request the submitters to provide their views by no later than 4pm Monday 29th April 2024.
Minute 24 responds to the Memorandum of Counsel received from Woodwater Limited/ Carter Group Property Limited/Rolleston Industrial Developments Ltd/ Momentum Land Limited/Mike Greer Homes (Nz) Limited / Bellgrove Rangiora Limited / Ohoka Farms Limited / Doncaster Developments Limited (submitter memo) dated 22 April 2024, received by the Council on 23 April at 5pm and provided to the Hearings Panel at 9:35am on 24 April 2024.
The purpose of Minute 25 is to:
a. Respond to Council’s request for leave for Mr Nicholson from Hearing Stream 12D.
b. Respond to the Council’s memorandum regarding their approach to Hearing Stream 12E.
c. Respond to the Council’s memorandum regarding the requested new Hearing Stream 12F, and to seek the submitters’ comment on the request for leave for Mr Nicholson by no later than 4pm Friday 7th June 2024.
d. Request Council to provide final Reply Reports for Hearing Stream 10A on airport noise and birdstrike by no later than 4pm Friday 7th June 2024.
e. Comment on economist expert conferencing.
f. Address a request from Mandeville Village Partnership Limited for leave under s37 RMA to file a late further submission in relation to Rolleston Industrial Developments Limited [160] (RIDL) and seek comment from RIDL and any interested person in respect of the requested leave, by no later than 4pm Friday 31st May 2024.
The purpose of Minute 26 is to advise the Council and submitters to Hearing Stream 12C of the Hearing Panel’s decision to defer the hearing until another date, to be determined.
The purpose Minute 27 is to:
a. Remind submitters of the hearing procedures set out in Minute 1.
b. Advise of the IHP’s determination in respect to the request from Mandeville Village Partnership Limited to file a late further submission.
c. Provide an updated timetable for Hearing Streams 12C, 12E, 12F and 7 and an updated Minute 1
d. Set out the Hearing Panel’s questions for the section 42A reporting officer and request that they be responded to by no later than 4pm Thursday 27 June 2024
e. Set out the IHP’s determination in respect to the attendance of Mr Nicholson at Hearing Stream 12F and respond to Mr Smith’s Memorandum seeking direction in respect to Mr McLeod’s unavailability for Hearing Stream 12F
f. Respond to the Council’s Memorandum requesting leave for Mr Ford from attending Hearing Stream 12D
The purpose of Minute 28 is to set out the Hearing Panels’ preliminary questions for the section 42A report authors for Hearing Streams 12A and 12B and request that they be responded to by no later than 4pm Friday 5 July 2024.
The purpose of Minute 29 is to respond to the Memorandum of Counsel for Rolleston Industrial Developments Limited (RIDL) (RIDL Memo), submitter 60 on Variation 1 to the Proposed Waimakariri District Plan. The RIDL Memo is available on the Council website.
The purpose of Minute 30 is to:
a. Respond to the Council’s Memorandum requesting extra time for the Reply Report for Hearing Stream A and the subsequent Memorandum from Counsel for Dexin
b. Respond to the Council’s Memorandum regarding further submissions that were not addressed in Hearing Stream 8 Urban subdivision s42A report and request that any further submitters who wish to comment do so no later than 4pm Friday 26 July 2024
c. Remind all hearing participants about the provision of additional evidence post hearing.
The purpose of Minute 31 is to direct expert conferencing and set out next steps for Hearing Stream 12D.
The purpose of Minute 32 is to:
a. Provide the opportunity for MJ and RM Borcoskie [s101] and the MJ Borcoskie Family Trust [s102] to respond to the Council reporting officer’s recommendations on submission points that were omitted from the Hearing Streams 6 – Rural Zone and 8 – Rural Subdivision section 42A reports.
b. Remind expert planning witnesses representing submitters seeking rezonings to consider how what is being sought may need to be represented in a district plan.
Minute 33 relates to Hearing Stream 12C and in part to Hearing Stream 12D. Its purpose is to:
a. direct expert conferencing of the wastewater, stormwater and transportation experts in respect of Hearing Streams 12C and 12D,
b. request further legal advice from the Council’s legal advisers, and
c. to set out next steps for Hearing Stream 12C.
Minute 34 responds to the Memorandum to the IHP from Mr Yeoman (Yeoman Memo) and the Memorandum of Counsel from Counsel for Carter Group Property Ltd and Rolleston Industrial Developments Ltd (RIDL Memo). Both of these Memos are available on the Council website.
Minute 35 responds to the Memorandum of Counsel for the Ōhoka Residents Association to the IHP (ORA Memo) and the attached technical evidence from Kotahi Engineering Studio. In summary, the ORA seeks leave to provide additional material following the hearing of submission and evidence on Hearing Stream 12D, in the form of engineering evidence in respect to flooding. They also seek leave for the engineering witness to attend expert conferencing, as directed through our Minute 31.
Minute 36 sets out the IHP’s decision in respect to the request by the Ōhoka Residents Association for leave to provide additional material following the hearing of submission and evidence on Hearing Stream 12D, in the form of engineering evidence in respect to flooding. They had also sought leave for the engineering witness to attend expert conferencing; however, the conferencing had already occurred.
The purpose of Minute 37 is to:
a. Direct expert conferencing between the submitters’ planners and other experts and Council planners and experts for HS12E(A);
b. Direct the s42A Report author, Mr Wilson, to address certain matters in the Reply Reports for HS12E(A)&(B);
c. Direct expert conferencing between the planner for Daniel Smith, Mr Chrystal, and the s42A Report writer for HS12F, Mr Powell and matters to then be addressed in the Reply Report; and
d. Record the granting of extensions of time for the completion of the LUMs and Planners’ JWS for HS12D.
The purpose of Minute 38 is to address the Christchurch International Airport Ltd (CIAL) and Momentum evidence which has been submitted in advance of Hearing Stream 7B. The IHP has reviewed this evidence, which in respect to CIAL includes new evidence from Professor Charlotte Clark, as well as additional evidence from Mr Kyle and Ms Smith and legal submissions from Ms Appleyard. The Momentum evidence includes legal submissions from Ms Perpick and evidence from Mr Allan, which also address the Airport Noise Contour.
The purpose of Minute 39 is to respond to the Memorandum of Counsel for the Christchurch International Airport Limited (CIAL) (the CIAL Memo), received in response to our Minute 38. The CIAL Memo is available on the Council website.
The purpose of Minute 40 is to:
a. respond to the Council Memorandum (Council Memo) from Mr Mark Buckley, dated 9 September 2024, and received by the Hearings Panel on 17 September 2024. This Council Memo seeks a time extension for transport expert conferencing, provides the Panel with a list of expert conferences proposed for Hearing Stream 12C, and seeks clarification of the scope of transport conferencing in respect to Hearing Streams 12C and 12D. The Council Memo is available on the Council’s website.
b. confirm that Hearing Stream 12D will be reconvened on 4 November 2024 and to set out the process to occur in advance of the reconvened hearing.
The purpose of Minute 41 is to set out the PDP and IHP Panel questions and timeframes for the Reply Reports for Hearing Streams 7A and 7B.
The Purpose of Minute 42 is:
in response to a request by CIAL to submit late technical evidence for Health Stream 7a & B And 10a 2 October 2024
The Purpose of Minute 43 is:
In response to a Christchurch International Airport Limited (CIAL) Request, reply report questions for Hearing Stream 12C.
Minute 44 responds to the Council Reporting Officers’ Memorandum on integration and ‘wrap-up’ matters (the Council Memo), which is available on the Council website. The Council Memo outlines the Council reporting officers’ perspective on:
a. Timeframes for the remaining Reply Reports;
b. Suggested process for ensuring integration within the PDP
c. Suggested process for ensuring integration between the PDP and Variation 1
d. Suggested process for assessing and making recommendations on any submissions or further submission that were missed from the section 42A reports on hearing streams that have already concluded
e. General timing and outputs
The purpose of Minute 45 is to respond to Carter Group Property Ltd and Rolleston Industrial Developments Limited concerns relating to Code of Conduct and potential new evidence.
The reconvened hearing of Hearing Stream 12D was held on Monday 4th November 2024. At the conclusion of the hearing, the IHP set out the following final matters to be addressed in Minute 46, as set out below, with the date amended in respect to item b.:
a. Ms Appleyard for Carter Group Holdings Ltd and Rolleston Industrial Development Ltd is to address the points in paragraph 7 of our Minute 29, and extend these to include whether there remains scope for her clients to introduce a General Residential Zone at this stage of proceedings, particularly taking into account our previous direction in Minute 31 to provide an updated set of provisions to be applied to the Ōhoka proposal by 26 July 2024, and the submitters not providing any further provisions or relevant evidence in Hearing Stream 12E(B) where Variation 1 was considered, and how introducing them now would be consistent with natural justice and fair process. This is to be provided by no later than 4pm Friday 8th November 2024
b. Mr Willis is to ensure that we are provided with the legal advice that we requested in paragraph 9 of our Minute 29 by 4pm Friday 15th November 2024. This legal advice is also to respond to Ms Appleyard’s submissions directed to be provided through a. above.
c. Mr Walsh is to provide Mr Willis with the final set of provisions that Carter Group Holdings Ltd and Rolleston Industrial Development Ltd are seeking to apply, by no later than 4pm Tuesday 19th November 2024.
Responds to the Memorandums received from Counsel for Mark and Melissa Prosser and Mr Stewart Fletcher on behalf of a group of submitters adjoining Fawcetts and Boundary Roads. Both of these memorandums are available on the Council website.
Minute 49 responds to the Memorandum received from Counsel for Carter Group Property Limited and Rolleston Industrial Developments Limited. The Memo is available on the Council website.