Kaipara District Council has completed the final step to adopt Private Plan Change 78 (PP78), which amends the planning
rules that apply to the Mangawhai Central Development.
This was required under the Resource Management Act, before the changes become operative in Chapter 16 of the District
Plan. The change will be notified over the next two weeks and will come into effect on 22 July, 2022.
It has taken about two and a half years to approve the plan change from the time it was lodged. The changes include
clauses that were agreed as part of a mediation process with Mangawhai Matters and Mr Clive Boonham. The mediation
followed their appeals to the Environment Court.
Mayor Dr Jason Smith says the adoption process was a formality and Councillors were legally required to adopt the plan
change.
“This is a procedural matter that comes at the very end of a long and robust process, which has been well canvassed
through the courts. It is not for us to relitigate any of the aspects of that,” says Mayor Smith.
“I commend the team in little Kaipara District Council for swallowing this whale of a project. It has been an
extraordinary process for the Council to navigate a project of this size.”
While the Operative District Plan will be amended from 22 July, the changes will not be reflected in the Exposure Draft
of the new District Plan, which the council is expected to release for public feedback in August. However, these
provisions will be incorporated into the Proposed District Plan that is expected to be notified in the first half of
next year.Background information
PPC78 was lodged with Council on 3 December 2019 by Mangawhai Central Limited, to amend Chapter 16 in the Operative
District Plan to accommodate their development aspirations. The application was notified, receiving 209 submissions then
9 further submissions.
A Hearings Panel appointed by the Council conducted a hearing and heard legal submissions and evidence from Mangawhai
Central Limited, submitters and the Council’s section 42A team and made recommendations to Council. Council considered
these recommendations on 28 April 2021 and adopted the recommendations as the Council’s Decision on PPC 78. The Decision
was notified and 2 appeals (one from Mangawhai Matters Inc and one from Mr Boonham) were lodged with the Environment
Court. The Mangawhai Matters appeal was resolved via mediation. Mediation with Mr Boonham resulted in a narrowing of his
appeal (it originally sought the entire Plan Change be declined) and this was decided by the Environment Court Judge “on
the papers” (without a hearing).