Waitakere Ranges Heritage Area Act 2008

Reprint as at 20 May 2014

Waitakere Ranges Heritage Area Act 2008

Local Act2008 No 1
Date of assent8 April 2008
Commencementsee section 2

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.


Contents

1 Title

2 Commencement

Part 1
Preliminary provisions

3 Purpose

4 Interpretation

Part 2
Heritage area, heritage features, planning requirements, etc

5 Waitakere Ranges heritage area established

6 Boundary extension by Order in Council

7 National significance and heritage features of heritage area

8 Heritage area objectives

Matters relating to Resource Management Act 1991

9 Relationship between this Act and Resource Management Act 1991

10 Regional policy statements and regional plans

11 District plans

12 Requests for plan changes

13 Resource consents

14 Conditions on resource consents

15 Designations and heritage orders

16 Applications for declarations

Matters relating to Local Government Acts 2002 and 1974

17 Application of section 77 of Local Government Act 2002 to this Act

18 Auckland spatial plan

19 Management plan for Waitakere Ranges Regional Park

20 Management plan must be reviewed every 10 years

21 Watercare Services Limited [Repealed]

Matters relating to other enactments

22 Council must have particular regard to purpose and objectives of this Act when acting under Schedule 3 enactments

23 Waitakere Ranges heritage area covenants

24 Relationship between this Act and Foreshore and Seabed Act 2004

Local area plans

25 Local area plans

26 Preparation, amendment, revocation, and replacement of LAPs

27 Effect of LAP

28 Relationship between LAP and Resource Management Act 1991

Deeds of acknowledgement

29 Acknowledgement of tangata whenua relationship

30 Purpose and effect of deed of acknowledgement

31 May be more than one deed of acknowledgement for same land

32 Notice of deed of acknowledgement

Consultation processes with tangata whenua

33 Consultation processes with tangata whenua

Part 3
Miscellaneous provisions

34 Council must monitor and report on certain matters relating to heritage area

35 Preservation of existing rights

36 Transitional provisions

Schedule 1
Indicative map of Waitakere Ranges heritage area

Schedule 2
Description of Waitakere Ranges heritage area

Schedule 3
Enactments to which section 21 applies

Reprint notes


  • Preamble

    (1) Whakarongo mai e nga iwi, ki ta te korero i mua. He ika tenei whenua. Ko te tangata nana i huti ko Maui. Kei konei tonu ahau, a mate noa:

    Listen all of the assembled tribes, to this the talk of olden times, this land is a fish. The person who fished it up was Maui. I will remain here on it, indeed until I die:

    (Waitakere Chief Te Waatarauihi speaking of his relationship to the area in his opening speech at the Kohimarama Conference in 1860):

    (2) The Waitakere Ranges and its foothills and coasts comprise an area of some 27 720 ha of public and private land located between metropolitan Auckland and the west coast of Waitakere City and Rodney District. The area is of local, regional, and national significance:

    (3) The area is outstanding in northern New Zealand for its terrestrial and aquatic ecosystems, which include large continuous areas of primary and regenerating lowland and coastal rainforest, wetland, and dune systems with intact ecological sequences. The area contains distinctive and outstanding flora, fauna, and landscapes:

    (4) The Waitakere Ranges (part of a remnant volcanic landform) are the western visual backdrop to metropolitan Auckland. Their forested hills and coastal vistas are essential to the identity of both Waitakere City and metropolitan Auckland. The foothills and coastal areas are a combination of rural, urban, and natural landscapes that create an important transition and buffer zone to the forested part of the Ranges:

    (5) The area has a long and rich human history. It is a distinctive cultural domain for Maori and lies within the rohe of both Te Kawerau A Maki and Ngati Whatua. European settlement began more than 160 years ago with one of the first attempts at organised colonial settlement of New Zealand made in the south of the area, at Cornwallis in 1841. A century of resource exploitation followed that has left its mark on the whole area:

    (6) The area includes the Waitakere Ranges Regional Park. The Park, protected at local, regional, and national levels, is an area of some 17 000 ha, established over a period of 110 years through gifts, grants, purchases, and vestings (including legislation promoted by Auckland City Council in 1941 to create the Auckland Centennial Memorial Park, commemorating the centenary of the Metropolitan District of Auckland):

    (7) The Waitakere Ranges also contribute to metropolitan Auckland’s water supply. They are a water catchment and the location for a series of storage and supply systems that have sustained, and continue to sustain, metropolitan Auckland since 1902:

    (8) In 2005, more than 21 000 people lived in the area (outside the Regional Park), mostly in forest-dominated urban, rural, or coastal communities:

    (9) The area is subject to development and urban intensification pressures. These pressures are compounded by the area’s proximity to metropolitan Auckland, and threaten to undermine the unique natural, landscape, cultural, historic, and community features of the area, including its farming and rural character:

    (10) Local statutory guidance is considered desirable to better protect the Waitakere Ranges and their foothills and coasts, in particular in relation to—

    • (a) managing the cumulative and precedent effects of development on the landscape, the desired future character and amenity of the area, and the ecological and biological environment:

    • (b) maintaining a rural character for the communities in the foothills:

    • (c) maintaining low-density urban areas and coastal villages in which the built environment is subservient to the natural landscape:

    • (d) managing activities adjacent to the boundary between urban and rural areas (particularly in relation to the Metropolitan Urban Limit boundary):

    • (e) protecting heritage features: