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Hauraki Gulf Maritime Park Act 2000 http://www.legislation.govt.nz/
Catchments draining to the Hauraki Gulf and to the eastern side of the Coromandel Ranges are subject to this Act.
A It includes much of
urban Auckland, where it drains to the Gulf.
Broadly The Act sets up as objectives for management in section 8:
"(b) the protection and, where appropriate, the enhancement of the natural,
historic, and physical resources
of the Hauraki Gulf, its islands, and catchments:
(c) the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and
catchments with which tangata whenua have an historic,
traditional, cultural, and spiritual relationship:
(d)
(e) the maintenance and, where appropriate, the enhancement of the contribution of the natural,
historic, and physical resources of the Hauraki Gulf, its islands, and
catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New
Zealand:
(f) the maintenance and, where appropriate, the enhancement of the natural,
historic, and physical resources of the Hauraki Gulf, its islands, and
catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand."
(The emphasis is added)
The Act then says:
"(2) A regional council must ensure that any part of a regional policy statement or a regional plan that applies to the Hauraki Gulf, its islands, and
catchments, does not conflict with sections 7 and 8 of this
Act.
(3) A territorial authority must ensure that any part of a district plan that applies to the Hauraki Gulf, its islands, and
catchments, does not conflict with sections 7 and 8 of this Act.
(4) A consent authority must, when considering an application for a resource consent for the Hauraki Gulf, its islands, and
catchments, have regard to sections 7 and 8 of this Act in addition to the matters contained in the Resource Management Act 1991.
(5) The provisions of section 55 of the Resource Management Act 1991 apply as though sections 7 and 8 of this Act were a
national policy statement and a regional council or a territorial authority must take action in accordance with that section and notify a change to a regional policy statement, plan, or proposed plan within 5 years of the date of commencement of this Act."
(The emphasis is added)
Provision (5) appears to considerably raise the status of historic heritage in
the gulf and the catchment over that which is normally the case under the RMA.
In arguing for archaeological site protection in consent cases the
national policy statement status of the historic heritage management
objectives is well worth arguing. |
