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Protect Stockade Hill Views Appeal

  • Proposed Unitary Plan Change 3: Viewshaft submissions close 7th September

      5 September 2017
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    Proposed plan change 3 is a plan change that seeks to protect views of Rangitoto, Hauraki Gulf and the Islands from a public open space - Stockade Hill, Howick. The plan change proposes to delete an existing local public viewshaft that originates from the base of Stockade Hill and introduce a new viewshaft and a building height restriction area into the Local Public Views Overlay that originates from the top of Stockade Hill.

    To view the Proposed Plan Change, click on the link or copy the link to your search line>

    http://temp.aucklandcouncil.govt.nz/EN/planspoliciesprojects/plansstrategies/unitaryplan/Pages/upmodifications.aspx

    Click on PC3

    To make a Submission to Auckland Council:

    It takes approximately 2 minutes so please consider making a submission. We suggest husband and wife teams should submit separately as this appears to be a “numbers game”.

    http://temp.aucklandcouncil.govt.nz/EN/planspoliciesprojects/plansstrategies/unitaryplan/Pages/publiclynotifiedonlinesubmissionform3.aspx

    To help: you may wish to consider a submission along the following lines :

    Scope of Submission:

    Insert: Plan provision D 16 D 16.6 and B4.3 and Map 11.1

    (These are clauses/references in the 3rd document “attachments A1, A2.1 and A2.2 Proposed Plan Change )

    Submission

    Check Support the specific provisions identified above

    Check Yes to I/We wish to have the provisions identified above amended

    As a reason: suggest wording along the lines of “I want to keep 360 degree views from the top of Stockade Hill for all to enjoy.”

    Check either the 2nd or 4th option ( as in our view it is confusing and they seem to mean the same)

    Accept the plan change/variation with amendments as outlined below

    If the plan change/variation is not declined, then amend it as outlined below

    Make the points you would like amended such as:

    1) Widen the angle of the proposed viewshaft to the west (anticlockwise) by 50 degrees and by 15 degrees (clockwise) to the east.

    2) Reassess the height of 1.7 metres from which the view is calculated at the Rotary toposcope as this prevents 50% people seeing the view without interruption

    3) Recognize the view as an Outstanding Natural Landscape and Outstanding Natural Feature

    4) Protect the 360 degree views

    Check “no” you are not in trade and “no” to the follow on question (only if that is correct)

    Check the final box and if you happy with your submission check submit.

    Thank you

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  • HRRA presents Protect Stockade Hill Views Petition to Auckland Council Governing Body

      21 March 2017
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    As a result of the High Court appeal decision, that ‘generic’ submissions were “in scope”, the HRRA is unable to progress with its appeal to the Environment Court.

    The usual appeal provisions of the Resource Management Act 1991 do not apply to the Proposed Auckland Unitary Plan. Instead, limited rights of appeal against the council’s decisions are available to the Environment Court and High Court, as provided by sections 156-158 of the Local Government (Auckland Transitional Provisions) Amendment Act 2013. This amending legislation progressed through Parliament under urgency and was passed by the National led coalition government with 63 votes and 57 against.

    As there are no further legal avenues available to the HRRA, future action is centred on influencing Auckland Council via the “Court of Public Opinion. HRRA Chair Gayleen Mackereth forcefully presented the Protect Stockade Hill Views petition to Auckland Council Governing Body on the 23 February 2017.

    The petition signed by 6,712 citizens from the Howick community and beyond, called on the Mayor and Councillors to protect the iconic views from Stockade Hill and Crawford Reserve from being blocked by much taller buildings that are now allowed under the unitary plan.

    As follow up, a HRRA Deputation was presented to the Howick Local Board calling on their active support and for them to press the Auckland Councillors to listen to the 6,712 citizens from Howick.

    Thank you all for your generous support and we extend a special thank you to the Howick and Pakuranga Times for their fantastic effort to help Protect Stockade Hill views for everyone to enjoy.

    We shall keep fighting.

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  • The High Court ruling released on 13th February

      14 February 2017
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    Justice Whata released his decision yesterday on our appeal in the High Court "on a matter of Law." The High Court Ruling ruling, clarified the central issue for a number of appeals as to whether the recommendations made by the IHP on the proposed Auckland Unitary Plan were within scope of the submissions.

    If they were not in scope, then affected persons have the right to appeal on the merits of the decisions of the Council based on those recommendations to the Environment Court.”

    The HRRA appealed to the High Court to challenge the rezoning of 65 properties which it argues were not sought by any submitter or identified by the IHP as being out of scope.”

    The court agreed that whilst there were no specific submissions relied on the IHP for Howick, it determined that general submissions provided scope on a matter of law.

    Of course we are disappointed in the ruling however this test case clarified the issue of whether appeal rights to Environment Court were available to affected persons.

    The Judge does however complement our Counsel Michael Savage on the way he presented our case and dissected the opposition's arguments in a highly skilled manner. We know he has done a sterling job and we got the very best Counsel we could have hoped for. Unfortunately we still need money to cover the legal costs that have been incurred.

    We thank you for your excellent support and we remain committed to protecting Stockade Hill Views for all to enjoy.

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  • An Iconic Place

      23 December 2016
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    Merry Christmas to you all.

    The attached photo was taken on 16 December at a ceremony on Stockade Hill to remember 4 Howick Servicemen who gave their lives for their country in World War 1. This photo illustrates why Stockade Hill is such an iconic place for our community in so many ways.

    Our Barrister spent 5 days in Court and a further two days replying to the rebuttals of our evidence by Housing NZ Corporation and the Council. Our barrister Mike Savage was excellent. The extra time required however has put our costs in excess of what we have raised to date but with the communities support, we are hopeful we can meet this additional challenge.

    In the meantime, we are continuing to gather signatures on our Save Stockade Hill Petition. You can sign online at www.change.org (type in Stockade Hill to find it) We have over 6000 signatures already so if we can gather even more, we will have the huge impact. People Power Counts!

    A huge thank you to all who have contributed to our campaign. Your support is very much appreciated. Please make your friends and family aware of the need to Save Stockade Hill Views.

    Merry Christmas

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  • 5 day court trial is over but more legal work and cost lie ahead

      9 December 2016
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    The 5 day test case at the High Court is now over but further written submissions from all parties including our very capable barrister are still required by the judge. The trial time took longer than anticipated as the appeals relating to residential up-zoning were clustered together. As a result the HRRA’s need for continued funding support is still very pressing, so please spread the word and encourage friends and family to donate to the campaign to protect Stockade Hill views for all to enjoy.

    The petitions (hard copy and online) have around 6,000 signatures which is tremendous and demonstrates the Howickian community spirit. Thank you all for your continuing support and encouragement. Whilst we are up against the very well-resourced legal teams representing Auckland Council and Housing NZ, we are backed by a strong community with a plucky “Fencible Spirit” which cares about Stockade Hill.

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  • High Court Trial --- CIV-2016-404-002321

      1 December 2016
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    Finally after almost 3 days into the scheduled 5 day appeal hearing in the High Court, our barrister was able submit our case to the Judge. Our barrister spoke convincingly, however we have another day in Court because counsel of behalf the Ministers for the Environment and Housing New Zealand Corporation has sought the right of response.

    This means more time and money is needed to fund our appeal aimed at protecting Stockade Hill views for everyone to enjoy.

    As you can see, donations have slowed up in the past week and we are so grateful for your moral and financial support.

    Please spread the news and encourage your fellow Howickians to assist us.

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  • Court Case starts on the 28th November

      25 November 2016
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    The Howick Ratepayers and Residents Association (HRRA) has lodged appeals in the Environment and High Courts against the council in an attempt to stop changes that would allow multiple 12-metre high buildings to be established from Bleakhouse to Park Hill roads on the seaward side of Stockade Hill, blocking views over the Hauraki Gulf from Stockade Hill and Crawford Reserve.

    We have to go through “test cases” relating to Mt Albert and Glendowie as required by Justice Christian Whata (presiding). This has turned in to a long time consuming process and is generating huge volumes of paper. Housing NZ Corporation and the Ministry for the Environment have been very active supporting an argument that generic submissions on proximity criteria provides scope. We were pleased to receive confirmation from Council that no specific submissions requested the upzoning on the seaward side of Stockade Hill.

    The main hearing, which is scheduled to begin at 10 am on November 28 at the Auckland High Court.

    If we succeed with our High Court Appeal on points of law, then we are able to progress to the Environment Court.

    The petition to “Protect Stockade Hill Views” currently has more than 5600 signatures and the HRRA has been attempting to deliver this to the Mayor and council for several weeks. The Council is reluctant to accept this whilst the court cases are pending which is perplexing and frustrating to say the least. The photo taken at the mid-night madness lighting of the Christmas tree should cheer us all up.

    We are grateful to all those who have contributed and enabled us to get this far. Please help us get the word to all like minded “Howickians” to help us and contribute to this important cause.

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  • Protecting Stockade Hill Views - your committee is "battling" hard

      3 November 2016
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    A HUGE thank you to all who have contributed to our campaign to save our iconic views.

    Please advise your friend and families.

    It is evident that “Howickians” and those further afield are passionate about protecting Stockade Hill views. Not surprising really given our “fencible” heritage and the time when Stockade Hill stood ready to protect the early settlement of Howick.

    Here is a brief summary of what the Howick Ratepayers and Resident Association committee have been doing;

    1) Presentation to Howick Rotary Club re Stockade Hill campaign (see photo of their gift of a plane table to commemorate the 50th year of Howick Rotary)

    2) Collection of signatures in Picton St and in most Howick Businesses (The Petition to Save Stockade Hill Views is still available for signature in the Library the Information Centre and Spillers Hardware shop as well as online, at www.change.org key word "Stockade")

    3) Lodging an Appeal in the High Court and Environment Courts

    4) Regularly updating The Times newspaper who have kindly supported us with articles and flyers

    5) Distribution of flyers round much of Howick

    6) Meeting with the Manager of Auckland Council Planning to explain our concerns

    7) Presentation to Howick Village Business Assn to explain the risks of losing our views

    8) Meeting with the Head of the Unitary Plan (Auckland Council) and team, whom we invited to Howick to get an understanding of our concerns. Attended by our Councillors too.

    9) Meeting with the Council Planners re: a new Master Plan for Howick Village

    10) Preparation of a rebuttal of the first Test Case in the High Court from Council.

    11) Booked a stall for next year's Howick Lions Summer Festival 26th February

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  • Petitions, Mailers, Signs and Staying in the News

      15 October 2016
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    We understand the High Court is working on scheduling the series of hearings. In the meantime the HRRA committee has been busy keeping the fund raising campaign vibrant. We need your continuing support. So far the online and paper petition has 5000 signatures which is fantastic and donations through givealittle and direct credit to the HRRA's bank account so far totals $8,500. So we have done ok and thank you but there still is a long way to go. Thanks to the Howick and Pakuranga Times we have been able to conduct a limited mail drop. Here is the virtual mailer you might want to print and give to your neighbours and friends.

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  • Stop Council Stealing Stockade Hill Views sign

      6 October 2016
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    Thank you for your continuing support. Please continue make your friends, family, neighbours and even complete strangers aware of our campaign. Every donation counts and we are most grateful for your help.

    To help keep it top of mind, check out our sign, when you drive carefully past Stockade Hill.

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  • Housing NZ Corporation

      30 September 2016

    Stop Press.

    On 29th September we have been advised that Housing New Zealand Corporation intends to appear on the High Court appeal by Howick Ratepayers and Residents Association Incorporated. HCNZ was a significant submitter to the proposed Auckland Unitary plan and the Independent Hearing Panel.

    We have already paid for lodging the appeals and the next legal step very soon and this is only the beginning of this fight. It looks like yet another David and Goliath battle.. and remember who won!

    Please help by forwarding the link to your friends and family to help Protect Stockade Hill Views.

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