Part 1 - Palmerston North City Council

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8 RESOURCE MANAGEMENT ACT - PART II
Section 6 of the Act requires that all persons exercising functions and powers under the Act shall recognise
and provide for the matters of national importance listed within the section. The following are considered
to be of relevance to the proposed activities:
(a)
(d)
(e)
the preservation of the natural character of the coastal environment (including the coastal
marine area), wetlands, and lakes and rivers and their margins, and the protection of them from
inappropriate subdivision, use, and development;
the maintenance and enhancement of public access to and along the coastal marine area, lakes
and rivers;
the relationship of Maori and their culture and traditions with their ancestral lands, water, sites,
waahi tapu and other taonga;
These matters have been discussed above in this report. It is considered that while there are elements of
natural character at the site this character is compromised by the poor quality of vegetation in the area and
by the urban activities above the cliff. It is also considered that, given the circumstances, the development
is not an inappropriate development for the site. The proposal will provide for the establishment of future
public access to the left bank of the river which would otherwise not be possible due to the nature of the
cliff. As discussed above, Te Motu o Poutoa is located just down steam of the subject site. An accidental
discovery protocol has been developed to address any discovery of archaeological material.
Section 7 requires all persons exercising functions and powers under the Act to have particular regard to
certain matters. The following are of relevance to this proposal:
(a)
(b)
(c)
(f)
(i)
Kaitiakitanga
the efficient use and development of natural and physical resources;
the maintenance and enhancement of amenity values;
maintenance and enhancement of the quality of the environment
the protection of the habitat of trout and salmon
The proposal represents the efficient use and development of natural and physical resources. The works
provide for the protection of the residential land resources above the cliff and the continued protection of
that land on the right bank of the river. This will allow for the land above the cliff to be further developed
adding to the housing stock of the city on land that is relatively central to the City. The proposal will
enhance amenity values through the provision of additional public access along the river where it could not
otherwise be safely provided. The environment will be maintained and possibly enhanced through the
protection of land from erosion. The habitat of trout in the river will not be affected by the proposed
works.
Section 8 requires those making decisions under the Act to take into account the principles of the Treaty of
Waitangi. These principles have been identified by the Court of Appeal (New Zealand Maori Council Case
54/87), which are:
1. The Essential Bargain – the exchange of kawanatanga (in Article 1) for the protection of tino
rangatiratanga (in Article 2)
2. The Principles of Tino Rangatiratanga and Kawanatanga – the guarantee to Iwi and Hapu of full
chieftainship or authority over their lands, resources, and taonga, and therefore the control and
management of tribal resources according to Maori cultural preferences, as balanced against the
Crown’s right to make laws and govern.
3. The Principles of Partnership and Good Faith – The shared obligation of both Treaty partners to meet
their respective commitments and to act reasonably and in good faith to one another.
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