Auckland councillors kick zoning changes to curb

How they voted

Stick with the "upzoning" changes
• Mayor Len Brown
• Deputy mayor Penny Hulse
• Arthur Anae
• Bill Cashmore
• Linda Cooper
• Alf Filipaina
• Calum Penrose
• Penny Webster

Withdraw the changes
• Cameron Brewer
• Cathy Casey
• Ross Clow
• Chris Darby
• Chris Fletcher
• Denise Krum
• Mike Lee
• Dick Quax
• Sharon Stewart
• John Walker
• Wayne Walker
• John Watson
• George Wood

Auckland Council is going to withdraw the contentious out-of-scope zoning changes intensifying swathes of the city.

Councillors have voted 13-8 in favour of withdrawing the changes from the Unitary Plan independent hearings panel, calling the process undemocratic and unfair on 30,000 Auckland homeowners who were never consulted about the changes. Councillors from both left and right wing factions united in favour of withdrawal.

At a six-hour extraordinary public meeting called by mayor Len Brown, a packed public gallery heard from council planners on why the out-of-scope changes should be left in front of the hearings panel. Their reasons included a major disruption to the hearings panel timetable, the council becoming only a minor party at panel hearings and the undermining of the council’s integrity.

However, a majority of councillors were unswayed, despite two secret meetings over the past week where they were brow-beaten over the planning and legal arguments about the ramifications of withdrawing the changes.

Council regulatory services manager Penny Pirrit told the public meeting the upzoning changes was never about housing numbers or capacity. “It was around the principles of zoning and spatially applying them to maps of the city.”

She says the council planners were directed by the hearings panel to spatially apply the zones instead of spot zoning. “It would be hard to find any planning staff to support spot zoning and the withdrawing of the changes as it goes against their professional judgment.”

Eight community groups were given five minute speaking slots with Generation Zero and the New Zealand Institute of Architects arguing for the changes to provide more affordable housing. “Young people are homeless, have nowhere to live and no support from their family to live in affordable housing, said the council’s youth advisory panel member Flora Apulu. 

However, several of the council’s eastern suburbs local boards were vociferous about dumping the plans. Under the zoning changes the suburbs would be heavily intensified and the board chairs said affordable houses in Remuera, Orakei and other surrounding areas will never be realistic. It was pointed out the suburbs had mainly luxury apartments starting at $2 million.

Orakei Local Board chairwoman Desley Simpson said the people at the meeting were the governors of Auckland, not the planners.

Auckland 2040 spokesman and former planning consultant Richard Burton said the issue with the zoning changes was one of a fair and democratic process. “It is not about intensification, he said, it is about people being unable to participate in the out of scope process.

He pointed out a fundamental principle of the Unitary Plan process was that a planning instrument could not be appreciably amended without real opportunity for participation by those potentially affected.  

What’s next
The Unitary Plan hearings panel recommendations will be given to the council in July and it has 20 days to reject or accept the plan. Mayor Len Brown suggested councillors start preparing soon for the task as it will be onerous.

Councillors’ conflict of interest issues when voting on the Unitary Plan were discussed and they were told they can take individual legal advice on whether they can vote in view of their stated position and whether they have made public statements on their stance previously.

The issue is far from over. There have been mutterings about a mass exodus of planers and problems attracting new talent and deputy mayor Penny Hulse, who backed the changes, warned the victors they should carefully consider where things stand before popping the champagne corks: “I think the government may have some interesting comments to make,” she said.

Housing Minister Dr Nick Smith has been unequivocal about having the Unitary Plan operable by September so it can take over when the special housing areas legislation expires.

He and Mr Brown have been indulging in mutual back-patting and assuring Aucklanders the plan would be delivered.

It still might, but without vast swathes of the city upzoned. 

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