Valley landowners ask for review of management plan

October 12th, 2011
[by David Armstrong]

Motueka Valley landowners will meet next week to gauge the level of community support for a review of the Tasman Resource Management Plan (TRMP) so as to enable owners to have more than one dwelling on their land without requiring council consent.

The meeting, called for 8pm on Wednesday 19th October at Ngatimoti Memorial Hall, will be hosted by the Motueka Valley Association (MVA) and facilitated by Mahana resident and once cabinet minister Philip Woollaston.

The TRMP sets out the rules for what residents of the District can do on their land without council involvement (known as permitted activities) and those that require council consent. Under current rural provisions consent is required to legally enable owners to have more than one residential activity (i.e. dwelling) on their site.

The MVA says there is a growing desire amongst residents in the Motueka Valley (and elsewhere) to live collaboratively with others on their land, which often requires the erection of additional dwellings.

Under the Resource Management Act, TDC can monitor landowner's compliance with the TRMP. Recently the council has become more proactive in doing this. MVA says council has served abatement notices on several owners requiring them to stop all unconsented residential activities on their property. Refusal to comply with the council is likely to lead to enforcement action.

The TRMP first came into effect in 1996, and TDC is legally required to review the TRMP every 10 years.

"The time is ripe to revisit the rules relating to multiple residential activities on a site," said an MVA spokesman in a press release. "Key questions to be addressed include what level of interest should TDC have in a landowner's decision to let others live on their land? What negative effects are being caused by such activities and how can they be alleviated? What positive social and environmental benefits are being missed out on due to the limits set by the current rules?"

They say next Wednesday's meeting is an opportunity to raise awareness about this activity in the valley (and beyond) and to gauge the level of community support for a review of the TRMP. "Real change can happen if there is a significant response from the community."

Greg Mason, a planning consultant living in the valley, will discuss the role of the RMA and TRMP and outline the process for reviewing the current rules. TDC councillors and planning staff will be invited to attend.

Case Study

By way of example, West Bank Road residents Jan-Albert Droppers and Irma Jager have written an open letter explaining how their lifestyle has been upturned in recent weeks by council actions.

"We have lived on our 10 hectare property since 2004. Over the years we have given other people an opportunity to come and live with us and share our desire for living compassionately, peacefully, self-sufficiently and sustainably. This way of life really works for us! We support each other in raising our children, we share resources, grow most of our food together and are always willing to help people in the wider community. And all that mixed in with lots of fun - we are enjoying our lives and we love this valley!

"At the end of June we had an unexpected visit from the local TDC compliance officer. He told us things had been snowballing, that's how he ended up here; he had heard about unconsented residential activity on our property. Two days later (!) we got an abatement notice, stating that the two yurts and a strawbale cottage on our property were to be vacated within 28 days! Since this has been the home and whanau for our residents for several years, we didn't comply. Why would we? Where would they have to go?

"There haven't been any complaints. We have a very pleasant relationship with the owners of the adjoining properties, supporting each other where we can. The compliance officer came to check on us after the 28 days had elapsed. As nothing had changed, he said he would have to come back with a search warrant to gather evidence.

At the end of September he turned up unannounced, accompanied by a police officer, a building inspector, a planner and another compliance officer. They took about an hour and a half to gather their evidence. The council officers agreed there and then that we were not doing anything wrong really, but multiple-occupancy is just not allowed by the Tasman Resource Management Plan (TRMP). Their next step is to present us with an enforcement order; an Environment Court case is looming.

"Once again, TDC has not received any complaints about us. We have come to understand that other property owners in the valley have also been affected by TDC visits. The compliance officer implied there is still much more 'work' to do!

"How many of us are breaking the letter of the law? Quite a few, surely, but we believe very few are actually breaking the spirit of the law. We are frustrated that the council officers seem to do their work as robots; that they think and act as institutionalised people. We have been upset about their display of power, which seemed to be intentional and was definitely overkill. They try to make us look like criminals, whereas we just want to continue to live a peaceful life - in a way that supports our fellow human beings - and look after our environment, that we treasure beyond measure.

We really wanted to share this with you to create awareness, not to create fear. There may be people out there with similar experiences. Make yourself heard. The TRMP is outdated and unless we stand up and unite, it isn't going to reflect the current needs of valley residents.

Comment by Beth Bryant:
[Posted 19 October 2011]

You may be interested in attending this workshop on the RMA:
EDS Resource Management Act Workshop: Effective RMA Participation
Saturday 29 October 2011, 8.45am - 5.00pm
Headingly Centre, Lower Queen Street, Richmond

We are very fortunate to be given this workshop. Citizens from all walks/views are attending from all over the district. It does have a focus on the coast. It should be very useful. The workshop and lunch is free, and we invite a koha of $10 to cover venue hire.

Comment by Stephen Oliver:
[Posted 19 October 2011]

I write a weekly opinion piece for The Waikato Times. Please see and list my recent column on the ineptitude of District Councils at large: 'Beware, the dreaded cardigan'.

Editor's comment
[Posted 21 October 2011]

The following article appeared in the Nelson Mail yesterday, reporting on the events and outcome of the meeting: Read it here.

Comment by Malcolm Garrett:
[Posted 19 October 2011]

I was stirred by the TDC's attack on the "commune" up the Valley. Why can't people just keep their noses out of private property issues. As one who has seen first hand the difficulties in finding reasonable accommodation for low earners in the area, I think more support rather than blanket bans would be a very good idea..

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