Phase One of the Whangārei District Plan's Papakāinga policy became operative on 28 April 2011. Applications for Papakāinga currently require a resource consent as a discretionary activity. The existing provisions have not been formally utilised since they became operative. 94B represents Phase Two of Council’s Papakāinga policy.
Plan Change 94B – Papakāinga: Proposes to amend provisions relating to papakāinga developments in the Whangarei District Plan. The purpose of PC94B is to provide opportunities for Māori land owners to develop and live on their ancestral land and to develop guidelines and standards for the papakāinga development plan process. Key features are:
- Chapter title change from “Papakāinga Housing” to “Papakāinga.”
- Existing objectives and policies are not subject to any proposed alterations.
- Permitted activity status for papakāinga developments on Māori freehold land administered under Te Ture Whenua Māori Act 1993 provided that a papakāinga development plan is submitted and certain controls are met.
- Discretionary activity status for papakāinga developments on land that is General land owned by Māori where the land is subject to proceedings before the Māori Land Court to change the land from general title to ancestral Māori land, or where the land is General land owned by Māori where an ancestral link has been identified.
- Non-complying activity status for papakāinga developments on all other land.
- Provisions noting transfer of powers, and the opportunity for applicants for resource consent to request that it is heard by an Independant Commissioner(s) with expertise and qualifications in tikanga and Mātauranga Māori and resource management.
Pursuant to Section 86B of the Resource Management Act 1991, Whangarei District Council has resolved that all the rules in PC94B shall have legal effect only once the proposed plan change becomes operative in accordance with Clause 20 of Schedule 1 to the RMA Act.