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Proposed Plan Change 1165, 1151 and 1091 State Highway 1, Marton

Decision Report of Independent Hearing Commissioner

21 AUGUST 2020

    The appointed Independent Hearing Commissioner, under delegated authority from the Rangitīkei District Council, has made decisions in regard to the Plan Change to the Rangitīkei District Plan which proposed rezoning of 1165, 1151 and 1091 State Highway 1, Marton from Rural to Industrial, and on matters raised in submissions to that plan change.

    The Independent Hearing Commissioner’s decisions on the proposed Plan Change are to rezone approximately 40 ha from Rural to Industrial, with an overlay entitled Industrial Development Area which is subject to additional objectives, policies and rules being added into the Rangitīkei District Plan.

    Read the full Decision Report [PDF]

    Any person who made a submission or further submission to the Plan Change to the Rangitīkei District Plan which proposed rezoning of 1165, 1151 and 1091 State Highway 1 has the right to appeal the decisions made by the Council, in respect to their submission or further submission, to the Environment Court. Any appeal must be made on Form 7 of the Resource Management (Forms, Fees and Procedure) Regulations 2003 and be lodged with the Environment Court within 30 working days of service of the notice of decision.


    Closure of Hearing

    27 JULY 2020

    Minute #9 of Independent Commissioner [PDF]

    This Minute is to inform all parties that the Hearing for the Proposed Plan Change to rezone land from Rural to Industrial on the southern edge of Marton is now closed.


    Adjournment of Hearing

    8 JULY 2020

    Minute #8 of Independent Commissioner [PDF]

    This Minute is to provide further direction on the proposed plan change to rezone land from Rural to Industrial on the southern edge of Marton.


    Adjournment of Hearing

    30 JUNE 2020

    Minute #7 of Independent Commissioner [PDF]

    This Minute is to provide further direction on the proposed plan change to rezone land from Rural to Industrial on the southern edge of Marton.


    Adjournment of Hearing

    19 JUNE 2020

    Minute #6 of Independent Commissioner [PDF]

    Any enquiries or correspondence on the hearing should be directed through Charlie Hopkins via – charlie@thecatalystgroup.co.nz


    UPDATE: Direction on Hearing

    16 JUNE 2020

    Minute #5 of Independent Commissioner [PDF]

    The above minute confirms a revised schedule for the Hearing. This hearing is open to the public.


    Direction from the Hearing Commissioner

    Direction on Amended Hearing & Evidence Circulation [PDF]

    The above minute confirms the new dates for the hearing, the venue, the revised timeline for the circulation of evidence prior to the hearing, where to view evidence, an outline of the conduct of the hearing, and information about hearings.


    Proposed Rangitīkei District Plan Change

    Public Notice of Decisions Requested in Submissions and call for Further Submissions Proposed Rangitīkei District Plan Change – rural to industrial

    Clause 7 of the First Schedule of the Resource Management Act 1991

    A summary of decisions requested by persons making submissions to the Proposed Rangitīkei District Plan Change – rural to industrial is available. The Council has received 18 submissions. Parties had until 31 January 2020 to make further submissions.

    Note: The Resource Management Act specifies 10 working days from the public notice. However, ‘working days’ excludes the period 20 December to 10 January, meaning the count of working days starts on 13 January. Wellington Provincial Anniversary is also excluded. The due date would thus normally be 28 January, but Council may extend this time limit, and specified the due date as 31 January 2020.


    Purpose of proposed changes

    Because of the shortage of vacant industrial land in the Marton area, Council has adopted the Proposed District Plan Change for rezoning of approximately 217 ha of rural land at 1165, 1151 and 1091 State Highway 1, Marton, to be industrial land, and for amending District Plan maps 4 and 21 to reflect the zone change. The area has boundaries to Wings Line, State Highway 1, Makirikiri Road and the Main Trunk Railway, Rangitīkei District

    The section 32 report outlining the purpose of the zone change and its potential implications is available on Council’s website. Also there are the supporting specialist reports referenced on pages 10-11 of the section 32 report including two not particularly noted there (see end of this page):

    • Economic Impact Assessment – Potential industry types (Martin Visser), July 2019
    • Overview of geotechnical and natural hazards (Horizons Regional Council), September 2019 (noted in section 6.4 of the section 32 report)

    In addition, the specialist reports foreshadowed in that report but not available before submissions closed are available on the Council’s website

    Preliminary geotechnical appraisal (Mark Frampton, WSP Opus), September 2019
    Traffic impact report (Matt Evis, WSP Opus), November 2019
    Section 42A Report was issued on 6 March 2020

    Printed copies of any of these documents are available on request by phoning the Council: 0800 422 522.

    Available Information

    Information on the proposed Plan Change and the Summary of Decisions Requested in submissions can be found at:

    • The Rangitīkei District Council website
    • Bulls Library
    • Marton Library
    • Main Council Office, Marton
    • Taihape Library

    Please contact Michael Hodder, Community & Regulatory Services Group Manager, on 06 327 0099 or email michael.hodder@rangitikei.govt.nz if you require further information.

    Proposed Plan Change Process

    Once the Further Submissions period has closed, the Council may hold pre-hearing meetings with any or all submitters in to clarify and/or resolve submissions. A hearing will then be convened to consider submissions and further submissions and issue decisions on the matters raised. Anyone making a submission or further submission that indicated that they wished to be heard has the right to attend the hearings and present their submission. Upon receiving no - 646Kb tice of a decision on their submission, any person who disagrees with or is dissatisfied with the decisions made may appeal the decision to the Environment Court.


    The Submissions

    There were 18 submissions. These have been summarised [PDF document - 646KB]

    The individual submissions are as follows [PDF format]:

    Hew Dalrymple
    Amanda and Craig Calman
    Philippa Hancock
    David Dean and Joy Bowra Dean
    William and Carol Sinclair
    Elaine Mary Wigglesworth
    Lorraine Pearson
    Kathleen Reardon
    D and J Anderson Family Trust
    Fraser Auret
    The Downs Group
    Interested Residents Marton and Rangitikei
    Robert Snijders
    Horizons Regional Council
    Howard and Samantha Walsh
    Kiwirail
    NZ Transport Agency
    NZ Bio Forestry Ltd

    Further Submissions

    There were 21 submissions. These have been summarised in the table below:

    Number: 1Name: Andrew Walters (J&J Walters Ltd)
    View Submission

    Andrew Walters

    Address for serviceandrew@jjwalters.co.nz
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission due to job creation
    Relief soughtno relief specified
    Number: 2Name: Bryce Tasker
    View SubmissionBryce Tasker
    Address for servicebryce@mcilwaine.co.nz
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission due to job creation and management of adverse effects through district plan standards to ensure no adverse effects
    Relief soughtthat the submission be allowed
    Number: 3Name: David H. Dean
    View SubmissionDavid H. Dean
    Address for service19 Goldings Line RD1 Marton 4787
    Position on substantive proposaloppose
    Wish to be heardyes
    Original submitter numbersub4
    Eligibility to make further submission8(1)(b)
    Relevant submissionnil
    Support or oppose relevant submissionnil
    Summaryprovides opinions on Opus traffic report, and socioeconomic benefits, and market demand, and consultation
    Relief soughtseeks clarification as to what is being proposed before a decision is made
    Number: 4Name: Gabrielle Ann
    View SubmissionGabrielle Ann
    Address for servicegakeen@xtra.co.nz
    Position on substantive proposaloppose
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionAmanda and Craig Calman (sub2); Philippa Hancock (sub3); Fraser Auret (sub10)
    Support or oppose relevant submissionsupport
    Summaryprovides opinions on traffic effects, noise effects, and visual effects, and property values
    Relief soughtno relief specified
    Number: 5Name: Graeme Skou
    View SubmissionGraeme Skou
    Address for servicegraeme.skou@xtra.co.nz
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission due to job creation, growth, increased demand for supermarkets, schools, and housing
    Relief soughtno relief specified
    Number: 6Name: Interested Residents of Marton and the Rangitikei (Felicity Wallace)
    View SubmissionInterested Residents of Marton and the Rangitikei
    Address for servicefelicity@inspire.net.nz
    Position on substantive proposaloppose
    Wish to be heardyes
    Original submitter numbersub12
    Eligibility to make further submission8(1)(a)
    Relevant submission1; 2; 3; 4; 5; 6; 8; 9; 11; 13; 14; 15; 16; 17; 18
    Support or oppose relevant submissionsupport and oppose
    Summarythe submitter provides further submission on all original submissions except not sub7 (L. Pearson) or sub12 (their own). The further submission provides opinion on the following topics: rural amenity; market demand; Part 2 of the RMA; effects including traffic, noise, pollution, landscape and visual, amenity, screening, privacy; district plan objectives policies and rules; creation of jobs; roading upgrades; air pollution; consultation; Nga Tawa school; drinking water; wind direction; property valuation; SH1; insufficient analysis and information; unfair process; historic heritage; cultural impact assessment; incomplete aee; alternative sites unused; current state of railway infrastructure; One Plan RPS and Accelerate25; RDC financial and infrastructure strategy; large scale cumulative effects; NPS high productive land;
    Relief soughtseeks that the request be placed on hold to allow further consideration
    Number: 7Name: Mitre10 Marton (Terry Ellery)
    View SubmissionMitre 10 Marton
    Address for serviceterry.ellesy@mitre10.co.nz
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission for reasons related to economic benefit
    Relief soughtseek that the proposal be allowed. Seek that the submission be approved
    Number: 8Name: Paul F McAleese
    View SubmissionPaul F McAleese
    Address for servicepmcaleese@xtra.co.nz
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission due to providing for industrial land in Marton to attract business; management of adverse effects through planning standards
    Relief soughtno relief specified
    Number: 9Name: Permanite Memorials (Peter Cousins)
    View SubmissionPermanite Memorials
    Address for servicepeter.cousins@permanite.net
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission due to economic and social benefits of investment, generally.
    Relief soughtno relief specified
    Number: 10Name: Rangitikei Development LTD (Bain Simpson)
    View SubmissionRangitikei Development Ltd
    Address for service97 Coleman Road RD1 Marton
    Position on substantive proposalsupport
    Wish to be heardyes
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionNZ Bio Forestry Ltd (sub18)
    Support or oppose relevant submissionsupport
    Summarysupports generally for the reasons of job creation and infrastructure upgrades
    Relief soughtSeek that the submission be approved
    Number: 11Name: Rangitikei District Council (CEO Peter Biggs)
    View SubmissionRangitikei District Council
    Address for serviceinfo@rangitikei.govt.nz
    Position on substantive proposalnot stated
    Wish to be heardyes
    Original submitter numbernil
    Eligibility to make further submission8(1)(c)
    Relevant submissionsupport Dalrymple (sub1); The Downs Group (sub11); oppose Deans (sub4); Auret (sub10); Wallace (sub12); Snijders (sub13); accepts Horizons (sub14); Kiwirail (sub16), NZTA (sub17); recognises Calman (2); Hancock (3); Sinclair (5); Auret (10)
    Support or oppose relevant submissionsupport and oppose
    SummaryExpresses opinions regard long term planning, and industrial supply and demand; RDC supports submissions 1 and 11 for the reasons of social and economic benefits from investment; RDC oppose submissions 4, 10, 12 and 13 on the basis that alternative sites are not more appropriate than the selected site; RDC accept submissions 14, 16 and 17 in so far that detailed design has not been undertaken; RDC recognises submissions 2, 3, 5 and 10 in so far that mitigations and buffers need to be provided but that detailed design has not yet occurred.
    Relief soughtno relief specified
    Number: 12Name: Shoebridge Supermarket LTD (Brendon Shoebridge)
    View SubmissionShoebridge Supermarket Ltd
    Address for servicebrendon.showbridge@foodstuffs.co.nz
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupport relevant submission because of local benefits including job creation. Provides opinion that benefits would out weigh negative matters
    Relief soughtSeek that the submission be allowed
    Number: 13Name: T&J McIlwaine LTD (Rebecca Gray)
    View SubmissionT&J McIlwaine Ltd
    Address for servicerebecca@mcilwaine.co.nz
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission due to economic and social benefits of investment, generally.
    Relief soughtno relief specified
    Number: 14Name: McIlwaine Timber Processors (Randall McIlwaine)
    View SubmissionMcIlwaine Timber Processors
    Address for servicerandall@mcilwaine.co.nz
    Position on substantive proposalsupport
    Wish to be heardyes
    Original submitter numbernil
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission due to economic and social benefits of investment, generally.
    Relief soughtno relief specified
    Number: 15Name: Robert P. Snijders
    View SubmissionRobert P. Snijders
    Address for servicemoolookiwi@outlook.com
    Position on substantive proposaloppose
    Wish to be heardyes
    Original submitter numbersub13
    Eligibility to make further submission8(1)(b)
    Relevant submissionNew Zealand Transport Agency (sub17)
    Support or oppose relevant submissionsupport
    Summarysupport relevant submission; fairness of process; availability of information at notification
    Relief soughtno relief specified
    Number: 16Name: Fraser Auret
    View SubmissionFraser Auret
    Address for servicefraserauretracing@gmail.com
    Position on substantive proposaloppose
    Wish to be heardyes
    Original submitter numbersub10
    Eligibility to make further submission8(1)(b)
    Relevant submissionHew Dalrymple (sub1); The Downs Group (sub11); NZ Bioforestry Ltd (sub18)
    Support or oppose relevant submissionoppose
    Summaryoppose the relevant submissions and seeks that those submissions be disallowed
    Relief soughtseek that the submissions be disallowed
    Number: 17Name: Howard Walsh
    View SubmissionHoward Walsh - Part A
    Address for servicetopdairying@gmail.com
    Position on substantive proposaloppose
    Wish to be heardnot stated
    Original submitter numbersub15
    Eligibility to make further submission8(1)(b)
    Relevant submissionsupport Calman (sub2); Hancock (sub3); Dean (sub4); Sinclair (sub5); Pearson (sub7); Auret (sub10); IROMAR (sub12); Snijders (sub13); NZTA (sub17). Oppose Dalrymple (sub1); The Downs Group (sub11); NZ Bioforestry LTD (sub18)
    Support or oppose relevant submissionsupport and oppose
    Summarythe submitters provides legal opinion on the following matters raised in original submissions: traffic; noise; drainage; zoning; traffic safety; demand; information; light; infrastructure; threewaters; soils; legislative tests; Council long term plan; objectives and policies; insufficient analysis; flawed process; structure planning; site selection; detailed development plan; traffic volumes; development contributions. Seeks that the NZ Bioforestry LTD submission 18 be disallowed
    Relief soughtseek that sub18 be rejected
    Number: 18Name: NZ Bioforestry LTD
    View SubmissionNZ Bioforestry Ltd
    Address for servicewayne@nzbioforestry.co.nz
    Position on substantive proposalsupport
    Wish to be heardyes
    Original submitter numbersub18
    Eligibility to make further submission8(1)(b)
    Relevant submissionHew Dalrymple (sub1); The Downs Group (sub11); Horizons Regional Council (sub14); Elaine Mary Wigglesworth (sub6); Lorraine Pearson (sub7); Kathleen Reardon (sub8)
    Support or oppose relevant submissionsupport
    SummaryThe submitter supports that submissions of Hew Dalrymple, The Downs Group and Horizons Regional Council. The submitter does not express support or opposition to several other submissions. The submitter provides opinions on the following: town zoning change; criteria for the selection of Marton; Intellectual Property (IP); employment opportunities; training opportunities; relationships; adverse effects including wind, noise, dust, odour, visual appears and infrastructure, water quality - waste and drainage, truck volumes. The submitter provides information on the NZ Bio Forestry LTD business plan.
    Relief soughtno relief specified
    Number: 19Name: CEDA (John Morris)
    View SubmissionCEDA
    Address for servicejohn.morris@ceda.nz
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter numbernil
    Eligibility to make further submission8(1)(a)
    Relevant submissionHorizons Regional Council (sub14)
    Support or oppose relevant submissionsupport
    Summarysupports the relevant submission points made on the Accelerate25 Regional Growth Study (2015); investment to generate jobs
    Relief soughtseek that the submission be allowed
    Number: 20Name: Gretta S. Mills
    View SubmissionGretta S. Mills
    Address for servicemillsnz@gmail.com
    Position on substantive proposaloppose
    Wish to be heardyes
    Original submitter number
    Eligibility to make further submission8(1)(b)
    Relevant submissionR. P. Snijders (sub13)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission points and reasoning
    Relief soughtno relief specified
    Number: 21Name: Hayden W. Gould
    View SubmissionHayden W. Gould
    Address for servicerangitikeidevelopmentltd@gmail.com
    Position on substantive proposalsupport
    Wish to be heardno
    Original submitter number
    Eligibility to make further submission8(1)(b)
    Relevant submissionThe Downs Group (sub11)
    Support or oppose relevant submissionsupport
    Summarysupports relevant submission due to job creation
    Relief soughtseek that the submission be allowed

    Supplementary Evidence:

    Statement of Evidence (Supplementary) of Greg Carlyon [22MB PDF]
    From The Catalyst Group Planning & Environment Limited on behalf of the Rangitīkei District Council.

    Statement of Evidence of Dr Mellissa Millerick [PDF]

    Statement of Evidence of Natasha J Reid [PDF]
    Statement of Evidence (Appendix) of Natasha J Reid
    [PDF]
    Principal Planner - Waka Kotahi NZ Transport Agency

    Brief of Evidence of Paul W Wright [PDF]
    Director of PW Wright Contracting Limited

    Statement of Evidence of Paul N Thomas [PDF]
    Statement of Evidence (Supplementary) of Paul N Thomas
    [PDF]
    Director of Thomas Planning Ltd

    Statement of Evidence of Rebecca Beals [PDF]
    Team Leader for KiwiRail Holdings Limited

    Statement of Evidence - Gretta Shone Mills [PDF]

    Brief of Evidence of Howard Murray Neil Walsh [PDF]

    Statement of Evidence - David and Joy Dean [15MB PDF]

    Legal Comment - Nick Jessen [PDF]

    Statement of Evidence - Simon John Loudon [PDF]

    Statement of Peter Beggs [PDF]

    Statement of Andy Watson [PDF]

    Statement of Evidence - Felicity Jane Wallace [5MB PDF]

    Statement of Evidence - Robert Gunn [3MB PDF]

    Statement of Evidence - Robert Snijders [PDF]

    NZ Bio Forestry Hearing Statement [PDF]

    Legal Submissions H and S Walsh [PDF]

    Fraser Auret Racing Hearing [6MB PDF]


    Information prepared during the adjournment as requested by the Hearing Commissioner:

    Right of reply of Greg Carlyon [PDF]

    Statement of Evidence - Lynette Baish [PDF]

    Cooper Rapley Lawyers Closing Submissions [PDF]


    Final submissions in response to the Commissioner’s invitation:

    Reply of Interested Residents of Marton and the Rangitikei (IRO-MAR) [PDF]

    Statement of Andy Watson [PDF]

    Comments in respect of Minute #7 - Robert Snijders [PDF]

    Right of Reply to Greg Carlyon's report - Robert Gunn [PDF]

    Comment on the recommended provisions - Gretta Mills [PDF]

    Response to Right of reply of Greg Carlyon - Mr and Mrs Walsh [PDF]

    Comment on Changed Recommendations - Phillipa Hancock [PDF]

    Comment on the Changed Recommendations - Paul N Thomas [PDF]

    Rangitikei Plan Change - Joy and David Bowra-Dean [PDF]

    Comments on Council Planner's Right of Reply - Natasha Reid [PDF]

    Response to further direction - Lynette Baish [PDF]


    Supplementary right-of-reply:

    Supplementary right of reply of Greg Carlyon [PDF]
    on behalf of Rangitikei District Council



    Specialist reports

    a) Reports noted on pages 10-11 of the section 32 report

    Land Supply/Demand – Industrial land demand and filling 217 ha(Martin Visser)

    Land Supply/Demand – existing industrial zoning in the region (Martin Visser)

    Economic impact analysis (Martin Visser)

    Soils Economic Output (Malcolm Thomas)

    b) Other supporting reports not noted on pages 10-11 of the section 32 report

    Economic Impact Assessment – potential Industry Types (Martin Visser)

    Overview of geotechnical and natural hazards (Horizons Regional Council)

    c) Reports foreshadowed in the section 32 report but not available before submissions closed

    Preliminary geotechnical appraisal (Mark Frampton)

    Traffic impact report (Matt Evis)