The Landowners Coalition Inc is a non-profit organisation dedicated to the protection of private property rights. Its primary role is to represent the interests of private landowners and advocate for the retention of private property rights on their behalf. We are funded entirely by supporter donations. No funding is received from business interests or government agencies.
Foreshore & seabed claims in Whangarei District
Here is a list of claims filed in the High Court for ownership of the foreshore & seabed in the Whangarei District. Click CIV number for the claim document filed. Details of these 14 claims have been provided by the Whangarei District Council. They do not include claims made directly to the Minister of Treaty Settlements which will be considered by the Minister under a different process.
NOTE: A High Court judge has declared that the final date for registering an interest in the claims, support or opposition, is 26 February 2018.
Claim – CIV-2017-485-398
Claimant: Loiusa Te Matekino Collier, Ngati Kawau and Te Waiariki Korora.
Area claimed: Area adjoining the area belonging to Te Whare Tapu o Ngapuhi from Bombay Hills extending out to either coast and extending upwards to Te Rerenga Wairau/Cape Reinga.
Claim – No number allocated
Claimant: Elvis Shayne Reti, Reti Whanau.
Area claimed: Area bounded:
a. on the landward side by the line of mean high-water springs;
b. on the seaward side by the outer limits of the territorial sea;
c. on the northward side, by a line that extends from the coast abutting Kororeka and Tapeka, including any islands to the outer limits of the territorial sea; and
d. on the southward side, by a line that extends from the coast abutting Tamaki Makaurau, including any islands to the outer limits of the territorial sea, including Little and Great Barrier Islands.
The area includes the MCA surrounding all islands and reefs lying offshore from the coastline to a distance of 12 nautical lines.
Claim – No number allocated
Claimant: Tarewa Rota, Mangahouta Trust, the Te Ururoa Trust and hapu Te Uri o Te Aho and Te Tahawai.
Area claimed. Area bounded:
a. on the landward side by the line of mean high-water springs;
b. on the seaward side by the outer limits of the territorial sea; and
c. on the northward side, by a line that extends from the coast abutting the Northern end of the Mangonui Harbour, including any islands to the outer limits of the territorial sea; and
d. on the southward side, by a line that extends from the coast abutting Whangarei, including any islands to the outer limits of the territorial sea.
Claim – CIV-2017-404-563
Claimant: Te Rununga o Ngati Whatua, Ngati Whatua.
Area claimed:
a. the Kaipara Harbour shoreline including the harbour mouth. The Kaihu, Wairoa, Arapaoa, Otamatea, Oruawharo, Topuni, Hoteo, Makarau, and Kaukapakapa river systems.
b. All coastline within the traditional and well established rohe of Ngati Whatua, expressed as Tamaki ki Maunganui i te Tai Hauauru and Tamaki ki Manaia i te Rawhiti. The northern boundary is expressed as Manaia titiro ki Whatitiri, Whatitiri titiro ki Tutamoe, Tutamoe titiro ki Maunganui. The southern boundary is expressed as Te Awa o Tamaki.
c. The harbours within rohe of Ngati Whatua, being the harbours of Waitemata, Mangawhai, Whangateau, Mahurangi, and the northern coast of the Manukau.
Claim – CIV-2017-485-283
Claimant: Ngatiwai Trust Board, Ngatiwai whanau, hapu and iwi.
Area claimed: Area bounded:
a. On the landward side by the line of the mean high-water springs (except that where that line crosses a river, the landward boundary at those points shall be whichever is the lesser of one kilometre upstream from the mouth of the river; or the point upstream that is calculated by multiplying the width of the river mouth by five);
b. On the seaward side by the outer limits of the territorial sea;
c. On the northward side by a line that extends from the coast abutting Tapeka Point to the outer limits of the territorial sea; and
d. On the southward side by a line that extends from the coast abutting Matakanakana River to the outer limits of the territorial sea.
And area surrounding chain of islands:
a. Motukokako off Te Rawhiti;
b. Rimuriki off Mimiwhangata;
c. Tawhitirahi and Aorangi (The Poor Knights);
d. High Peak Rocks;
e. Sugar Loaf Rocks;
f. The Marotiri Islands and Taranga (The Hen and Chickens Group);
g. Tuturu (Sail Rock);
h. Pokohinu and Motukino (The Mokohinau Islands);
i. Te Hauturu o Toi (little Barrier);
j. Aotea (Great Barrier) and the surrounding islets and rocky outcrops;
k. Te Kawau-tumaro-o-Toi (Kawau Island); and I. Te Mau Tohora-o-Manaia (Motuora Island).
Claim – CIV-2017-485-279
Claimant: Ngunguru Marae Trust, Ngati Takapari hapu and whanau.
Area claimed: Area bounded by:
a. On the landward side by the line of mean high-water springs;
b. On the seaward side by the outer limits of the territorial sea;
c. On the north ward side by a line that extends from the Coast abutting Te Ihu o Manaia (Middle Gable) to the outer limits of the territorial sea;
d. On the south ward side by a line that extends from the Coast abutting Papamoa (Horahora) to the outer limit of the territorial sea.
The area includes the common marine area surrounding the following islands:
a. Motu Tara;
b. Motu Kuihi (Goose Island);
c. Pii Manu (Ngunguru Sandspit);
d. Motu Kukutauwaho;
e. Motu Rahomanu; and
f. Phillip Island
Claim: CIV-2017-485-286 and CIV-2017-485-281
Claimant: Patuharakeke Te Iwi Trust Board, Patuharakeke.
Area claimed: Area bounded by:
a. On the landward side by the line of mean high-water springs;
b. On the harbour side by the outer limits of Patuharakeke’s rohe moana recognised by the Ministry for Primary Industries;
c. On the seaward side by the outer limits of the rohe moana;
d. On the westward side by a line that extends from the centre of the bridge on Takahiwai Road crossing the Takahiwai inlet northeast to the outer limits of the rohe moana;
e. On the southward side by a line that extends from the coast abutting the south eastern corner of the rohe moana to the outer limits of the rohe monan.
Claim: CIV-2017-404-566
Claimant: Pereri Mahanga, Te Waiariki, Ngati Korora, Ngati Takapari Hapu/iwi of Nui Tireni.
Area claimed: Area abutting the coast from Taiharuru (Te Whara) to Ngunguru (Tutukaka) together with its appurtenant internal waters and the outer limits of its territorial appurtenant sea; and
The band of internal waters and territorial sea that is reasonably appurtenant to the above.
Claim: CIV-2017-485-228
Claimant: David Hugh Peters, Marie Tautari, Allan Peters and Rowan Tautari, Te Whakapiko hapu of Ngati Manaia .
Area claimed: From Roimata at the northernmost point to Oruaea at the southernmost end and extending to the outer limits of the territorial sea and the surrounding marine and coastal aread including the islands of Tawhitirahi and Aorangi (the Poor Knights).
Claim: CIV-2017-485-239
Claimant: Stephen Panoho, Te Rae Trust – representing the Panoho whanau of Te Parawhau hapu.
Area claimed: CMA surrounding the Maungakaramea Blocks around 10km from Whangarei City at Portland on the slopes of the Mangapai Estuary. The coast that borders these blocks is made up of the area from the Tokitoki stream down into the Mangapai River.
Claim: CIV-2017-485-352
Claimant: Bella Thompson, Rewha and Reweti whanau.
Area claimed: Area surrounding the islands starting in the north Te Okinga, Poroporo, Paparoa, Urupukapuka, Moturoa, Motu Wheteke, Motukokako, Red Head, Whale Rock, Toroa, Waiwiri, Motu Tara, Otutea, Motutara, Moturahurahu, southern islands are Motukowhai, Moana Rua Island, Whitikau, Motukauri Island, Motuti and island reefs (Danger rock).
Claim: CIV-2017-404-579
Claimant: Waimarie Kingi, Nga Hapu o Tangaroa ke Te Ihu o Manaia tae atu ki Mangawhai.
Area claimed: CMA bounded on the northward side by a line that extends from the coast abutting Te Ihu o Manaia (Middle Gable – Mainland) to the outer limit of the territorial sea, and on the southward side by a line extending from the coast abutting the northern bank at the mouth of the Mangawhai River to the outer limit of the territorial sea. From Te Ihu o Manaia, the area extends seaward in a north-north east direction to the islands of Tawhitirahi and Aorangi (Poor Knights). From the northern bank at the mouth of the Mangawhai River , the area extends 12 nautical miles seaward and includes the above-mentioned island, Moturewa, Kukutauwhao, Sugarloaf Rock and High Peak Rocks.
Claim: CIV-2017-485-277
Claimant: Arapeta Hamilton, Ngati Manu and hapu of Te Uri Karaka and Te Uri o Raewera.
Area claimed: Taupiri Bay to Motukokako to Tikitiki-o-tu-te-Mahurangi to Nga Toka Mangu Black rocks to Tapeka, Kororareka, Matauuwhi, Orongo to Te Wahapu from Waitangi to Paihia Te Haumi right up to Matairiri at Taumarere.
Toretore Island then down in a south-westerly direction to Te Haumi Point, then to Opua and along the line from Okiato across to Rangatahi pa, continuing up the Taumarere River to Matairiri.
Claim: CIV-2017-404-573
Claimant: Mai Maria Nova, Ngai Tahuhu, Ngati Tuu, Ngati Kukukea.
Area claimed: Area bounded by:
a. On the landward side by the line of mean high-water springs;
b. On the seaward side by the outer limits of the territorial sea;
c. On the Northward side by a line that extends from the coast abutting North Head including any islands tot eh outer limits of the territorial sea; and
d. On the southward side by a line that extends from the coast abutting Cape Brett including any islands to the outer limits of the territorial sea.
This includes the area surrounding all islands and reefs lying off shore from the coastline to a distance of 12 nautical miles.
Mediation matters
Last week the Landowners Coalition participated in a mediation involving a District Plan Change initiated by the Whangarei District Council regarding Papakainga developments. While the mediation remains confidential until ratified by the Environment Court, there are some general comments about mediations that are worth sharing. But first, let’s recap on where mediation fits into the plan change process. Continue reading
No trust in landowners
Last week commissioners began hearing submissions on what is the most significant change in Whangarei District Council planning rules in decades. Alarmingly, few people actually realise the new rules are in the pipeline. Hardly a word has been mentioned in the media, and the Council itself did not hold any public meetings to inform the public of the changes.
Ten plan changes are proposed – affecting every landowner outside of the built up urban environment. The plan changes divide the rural (countryside) area into seven “Environments” with “Resource area” overlays, each with their own rules. (Plan changes PC85, 85A, 85B, 85C, 85D, 86A, 86B. 87, 102, and 114.) Continue reading
Landowners coalition lodges appeal to Papakainga plan change
The Landowners Coalition has lodged an appeal to Plan Change 94B Papakainga with the Environment Court.
In general terms, our concerns relate to the inclusion of industrial and commercial activities as a permitted activity, whether directly related to the communal activity or not, the intensity of permitted residential development, and the protection of significant landscapes. We believe a more appropriate approach is to treat a Papakāinga Development Plan as a non-complying activity requiring notification (full or limited).
It is our view that this:
a. Achieves PKA.1.3 Objectives 1 through to 5 while at the same time respecting the objectives of affected landowners, present and future.
b. Provides adequate control of sensitive landscapes.
c. Will provide for the appropriate development of papakāinga without unnecessary regulation and consequently reduce ongoing compliance costs for the papakāinga.
In essence, we believe a papakāinga development should comply with the underlying Environment provisions and the underlying Environment subdivision provisions of the District Plan.
Update on plan changes PC85 A-D, PC86A and B, PC87, PC102, PC114
Hearing for the plan changes will be taking place from 3 July 2017 through until 7 July 2017.
Submitters who said they would like to speak to their submission will be contacted by the WDC to allocate a time.
The plan changes are being heard together by one Hearing Panel made up of two independent commissioners and a Councillor. We will be interested to see who the independent commissioners are and how independent they really are.
We understand a new councillor with no experience in planning matters and an obvious greenie bias is being considered for the commissioner role. We are watching that appointment with interest and will consider our objection options should that appointment go ahead.
Copies of the summary of submissions and other relevant information including the Plan Changes are available on our website www.wdc.govt.nz/planchanges.
Spelling it out
Plan Change 94B Papakāinga is progressing through the planning process. Last Monday, those who had made written submissions had the opportunity to voice their opposition or support to the hearings panel. I presented a submission on behalf of a community group advocating landowner rights.
That panel consisted of three commissioners; Greg Hill from Auckland, Russell De Luka from the Bay of Plenty, and Willow-Jean Prime who is well known in the Far North as a district councillor and the Labour candidate in the 2015 Northland by-election. She is also known as a strong advocate for Maori. A staff recommendation that Ms Prime be appointed because of her “tikanga Maori expertise” (tikanga is generally taken to mean “the Maori way of doing things”) was accepted by Council’s Planning Committee in September. Continue reading
Submission to commissioners
On 21 November Bob Syron and Frank Newman presented the following submission to the hearings panel.
TALKING NOTES
Our submission will state out our 9 points of general submission, then make 3 points regarding process, and lastly suggest a way forward.
GENERAL POSITION – 9 points
1) That environmental effects should not be defined by race. Effects are effects regardless of the race of the landowner that causes them. If the environment had a persona, it probably would not care who caused it harm – it would simply care that harm was caused.
2) That the underlying Environment provisions shall apply to papakāinga developments.
a. We believe allowing a departure from the underlying Environment provisions would conceivably permit intensive housing and commercial and industrial activities that are unacceptable from an environmental effects perspective. Continue reading
Submission, plan changes 85, 85A, 85B, 85C, 85D, 86A, 86B, 87, 102, 112
Form 5 – Submission on a Change Proposed to the District Plan
Policy and Monitoring Department, Whangarei District Council.
Submissions must be received by: 4:00pm Tuesday, 4 October 2016
We are making a submission on:
- PC85 Rural Area
- PC86A Rural (Urban Expansion) Environment
- PC85A Rural Production Environment
- PC86B Rural (Urban Expansion) – Living Environment Zoning
- PC85B Strategic Rural Industry Environment
- PC87 Coastal Area
- PC85C Rural Village Environment
- PC102 Minerals
- PC85D Rural Living Environment
- PC114 Landscapes
Full name: Landowners Coalition Incorporated. Continue reading
Then, now, and into the future
I commented recently that there appeared to be little interest in the local body elections. That changed with the arrival of a team waging a serious challenge to the Whangarei District Council (WDC) with a full slate of candidates and a high profile campaign. http://www.gowhangarei.kiwi/
Among their policies is a nil rates increase, which is likely to create interest given rates is emerging as an election issue, and a common complaint about the current council. To see how justified those complaints are, I compared the rates a householder was paying immediately before the current council was elected, to what they pay now – last week in fact, when the first rates instalment was due.
I then looked at the council’s projections to see how much that same householder will be paying in three years time should all of the existing councillors and the mayor be re-elected. Here are the results. Continue reading
Further Submission to Papakainga Plan Change (94B)
The opportunity to make cross submissions to Papakainga Plan Change (94B) closes this Tuesday the 23rd of August.
Making a further submission allows a submitter to expand their earlier submission to include matters addressed by other submitters.
We have made a number of further submissions, one in support and five opposed.
For details of the process and to view all submissions see: http://www.wdc.govt.nz/PlansPoliciesandBylaws/Plans/DistrictPlan/DistrictPlanChanges/Pages/District-Plan-Change-94B.aspx#Expand