Dear Whangarei District Council,

I am wanting to know what year the Anchorage Tutukaka subdivision was done and why there was not a reserve contribution inforced as the stream that boarders the subdivision parallel with matapouri road is well over the 3 metres width aloud by the Wdc standards which should have by Wdc law triggered the reserves contribution.

Yours faithfully,

Paul Barrell

Dear Rebecca Rowsell,

11.2 Overview
The Resource Management Act 1991 provides for esplanade reserves and strips to
be created for the following purposes:
 Protection of conservation values, natural functioning of the adjacent sea or water
body, water quality, aquatic habitats, natural values and mitigating natural hazards;
 To enable public access;
 To enable public recreational use, where use is compatible with conservation
values.
The District contains a number of significant ecological sites, riparian habitats, and
outstanding landscapes and natural features, which are located within the coastal
environment or alongside rivers and streams, and merit conservation. A number of
sites of significance to Maori have been identified alongside rivers and within the
coastal environment. These areas should be given priority when obtaining esplanade
reserves.
The coast and numerous rivers within the District have high recreational values and
high usage, particularly near residential settlements. There is a need to provide public
access to, and along, the coast, and to those rivers which have significant recreational
values, in order to provide for people's recreational needs and expectations. In some
circumstances it may be necessary to restrict or exclude public access, to protect
human health and safety, or ecological values.
Esplanade areas can also be a valuable instrument in hazard mitigation. Esplanade
areas can provide a 'buffer' between land use and waterways, as well as providing a
means to minimise the risk of property loss. Coastal areas including Whananaki,
Matapouri, Ngunguru and Pataua are prone to accretion and erosion. In these areas
the acquisition of an esplanade area could limit development along the foreshore and
thereby minimise the risks of property loss. The occurrence of natural hazards may
preclude public access in some places.
The Resource Management Act 1991 specifies that an esplanade reserve of 20
metres in width shall be created upon subdivision of lots less than four hectares,
adjoining either the coast or a river greater than three metres in width. The Plan may
provide exceptions and variations to this model. Additionally, the Plan may stipulate
the criteria or location of areas where an esplanade reserve may be required on lots
exceeding four hectares. As an alternative to the esplanade reserve, the Resource
Management Act 1991 provides for the creation of an esplanade strip, whereby the
private landowner retains ownership.
Part C – Policies - Riparian and Coastal Margins
Chapter 11 Page 2 Whangarei District Plan
Esplanade reserves are created automatically:
 Where roads vested in local authorities that abut mean high water springs, are
stopped (section 345(3) of the Local Government Act 1974); or
 Where any road along the banks of a river with an average width of 3.0 metres or
more is stopped (section 345(3) Local Government Act 1974); or
 Under section 116 of the Public Works Act 1981

Can you explain to me why a reserve wasn't considered to be required after reading the above? It seems to me the council are not consistent with there own laws and pick and choose what they do and don't want which i would think is not legal at all.

Yours sincerely,

Paul Barrell

Dear Rebecca Rowsell,

Could you/Wdc please tell me why an esplanade/reserve was not considered to be required at the
Anchorage Tutukaka subdivision. Stream over 3 meters, flood susceptible? there is another subdivision happening right now the Marina Close by the same stream and still no esplanade/reserve. Please explain.

Yours sincerely,

Paul Barrell

Dear Rebecca Rowsell,
A very interesting answer from the yourself and the Wdc. On Wednesday the 6th of Feb i had a meeting with The honorable Cheryl Mai, Anna murphy and Andrew Carvell about some issues i have regarding reserve and esplanade maintenance and contribution rules and the lack of information the council provide to OIA requests and they seem to know about the marina close subdivision in tutukaka and i have a fair idea why no reserve was given i seems to be different rules for different people. The Anchorage stream is a tidal stream and was as you say only classified as a culvert or open drain and considered primarily in terms of its impact on issues of flooding and stormwater management that stream is at least 4 meters wide and the bridge still floods over in heavy rain and high tides all so the marina close land all so floods and has a slip hazard from the hill on the east side as it slipped last year across the road and on to the land now being subdivided. And you say the Wdc knows nothing about the subdivision that comes as a big surprise to me you might want to contact one of the above people i had the meeting with on the 6/2/2018 as i am thinking the Wdcs left hand doesnt know what the right hand is doing.

Yours sincerely,

Paul Barrell