Public notices - Other

3 November 2016 - Proposed Auckland Unitary Plan – Notice of decisions on designations by Auckland International Airport Limited and the Minister of Defence 

3/11/2016 

Auckland Council gives notice that it has received the decisions of two requiring authorities, Auckland International Airport Limited (AIAL) and the Minister of Defence (MOD), in relation to the Council’s recommendations for four designations held by those requiring authorities.  The four designations are:

(a) AIAL designation 1100 for Auckland International Airport, relating to the principal designated airport area, but in addition to large defined noise contour areas;

(b) AIAL designation 1102 for Auckland International Airport, relating to obstacle limitation surface areas, runway protection areas, and sites subject to requirements for non-aeronautical ground lights;

(c) MOD designation 4310 relating to Whenuapai air base, together with provisions relating to the noise control area;

(d) MOD designation 4311 relating to Whenuapai airfield approach and departure path protection areas.

On 27 October 2016 the Environment Court issued a decision waiving any requirement under section 151(5)(b) of the Local Government (Auckland Transitional Provisions) Act 2010 (LGATPA) to serve notice of the decisions on all of the owners and occupiers of properties within the areas described above. This notice is published pursuant to a direction by the Court that alternative service be effected by means of notices published in the New Zealand Herald, at least one community newspaper circulating in the area surrounding each airport, and on the Council website.

To view copies of the decisions made by AIAL and MOD in relation to the above four designations, see: www.aucklandcouncil.govt.nz/unitaryplan

The Council confirms that notice of AIAL's and MOD's decisions has been served directly on all persons who made submissions on the four designations in accordance with section 151(5)(a) of the LGATPA.

Appeal rights and timeframes

Limited rights of appeal exist in relation to decisions of requiring authorities under the LGATPA.  Only submitters may appeal against requiring authority decisions on designations.  Refer to section 157 of the LGATPA for details of Environment Court appeal rights and section 158 of the LGATPA for details of High Court appeal rights. Anyone considering filing an appeal with either the Environment Court or High Court is encouraged to first seek legal advice.

The relevant dates for filing appeals against requiring authority decisions on designations are:

  • Appeals under section 157 of the LGATPA must be filed with the Environment Court no later than 29 November 2016 (being 30 working days after the date of Council notification of the decisions on the designations); and
  • Appeals under section 158 of the LGATPA on questions of law must be filed with the High Court no later than 14 November 2016 (being 20 working days after the date of Council notification of the decisions on the designations).

    Note: Correction for Manukau Courier which will be published in the 8 November 2016 edition

    Correction to Auckland Council notice of 3 November 2016 which appeared in the Manukau Courier - Notice of decisions on designations by Auckland International Airport Limited and the Minister of Defence. Appeals under section 157 of the LGATPA must be filed with the Environment Court no later than 29 November 2016, not 28 November 2016 as was stated in the notice.

    Your feedback helps us to improve our website. If you have feedback about our services (not the website), please contact us.