Waitakere Ranges Heritage Area Bill

LYNNE PILLAY (Labour—Waitakere) Link to this

I move, That the Waitakere Ranges Heritage Area Bill be now read a third time. I am honoured to have been given the privilege of ensuring the bill’s safe passage through Parliament. It has not been without its challenges.

The bill has a long history. Over three decades ago the Rt Hon Jonathan Hunt promoted the idea to the council of the time. It fell on deaf ears—but not now. I have to acknowledge the Rt Hon Jonathan Hunt, who is with us in the House today, and it is a pleasure to see him here. The three councils—the Waitakere City Council, the Auckland Regional Council, and the Rodney District Council—have jointly promoted this bill. It has been a meeting of hearts and minds, and a glowing example of councils working together.

The amendments made to the bill have significantly refined and improved its provisions. The changes result from a thorough consideration of over 200 submissions, for and against, by the Local Government and Environment Committee. It was ably chaired by Steve Chadwick, who has now appropriately gone on to become Minister of Conservation. I pay tribute to Steve, the whole committee, and the committee staff for their work on the bill. I also thank former Ministers Mark Burton and David Benson-Pope and their staff for their assistance and advice. I also acknowledge the able assistance of the Office of the Clerk—in particular, Carole Hicks.

The Waitakere Ranges Heritage Area is a nationally significant area of ecological, historical, and cultural importance immediately adjoining the expanding international city that metropolitan Auckland has become. The area comprises 27,720 hectares, about two-thirds of which is the current Waitakere Ranges Regional Park, and incorporates 10,000 privately owned properties with a resident population of more than 21,000 people. The challenges of the encroaching city on this iconic area are enormous and unique in New Zealand. Further guidance is needed to sufficiently protect this area from the negative effects of urban growth and development. The bill serves the dual function of containing urban Auckland so that it does become more compact, efficient, and sustainable, and of protecting the natural and cultural values of the ranges and foothills.

But this bill is not blind protection at all costs. The heritage area will continue to be a lived in, worked in, and played in place; a place with its own special communities and landscapes; a place separate from, but highly accessible to, all urban Auckland. The needs and interests of the social and economic well-being of the local communities have been woven together with the wider national significance of the area and the need for protection.

The heart of the heritage area is the Waitakere Ranges Regional Park. These majestically rugged hills were originally gifted to the people of Auckland as a regional park to commemorate the first century of development of their city. The bill restates the objectives for this now-expanded parkland in terms derived from the purpose provision of the National Parks Act. These and other legal provisions ensure the protection in perpetuity of the land and the values of the parkland.

Outside the park, the heritage area includes 10,000 hectares of private land, including, I say proudly, my own home. It includes many distinctive communities: the rolling landscapes of Ōrātia, the wild west coast beaches of Pīhā, Karekare, and Bethells Beach; the Manukau Harbour heads area of Whatipū, the bush areas of Titirangi and Waiatarua, and the urban villages of Waitakere and Swanson. In Waitakere we have a proud history of connection to the land, from tangata whenua, the early orchardists, the gumdiggers, to our now vibrant vineyards and arts communities. The Waitakere Ranges Heritage Area Bill is an expression of this connection.

The bill operates within a framework of existing legislation, particularly the Resource Management Act 1991 and the Local Government Act 2002. Amendments have been made to ensure that the provisions of the bill do not conflict with the Resource Management Act or other legislation. Some members of the National Party have mischievously promoted that the bill will add costly layers and endless restrictions to an already complex Resource Management Act and district plan. That is not the case, and it was never the intent, but the select committee has ensured that there is no longer confusion.

The bill has majority support—just. I want to thank all supporting parties who shared with the people of Waitakere and New Zealand their vision of protecting this great land for generations to come. I thank Helen Clark for her leadership. I am with the westies on this; I brought support from the whole team. I give special thanks to my westie mates David Cunliffe and Chris Carter for their staunch support. Chris not only is a local MP but was the Minister of Conservation at the time. David Cunliffe laid the foundation for the bill to go through the parliamentary process. His electorate forms part of the heritage area. Beside me at all times, David has advocated, cajoled, and got things done in true David Cunliffe style.

Jim Anderton from the Progressive party, and the Green Party have given their unconditional support. The Māori Party has worked with us. I commend its members for their constructive comments. Taito Field, although he had concerns, took the time to talk to the local Pacific communities and residents, and put forward a constructive amendment. I thank him for that.

Dr Morgan Williams, a former Parliamentary Commissioner for the Environment, drew much attention to the problem with his now-famous words “death by a thousand cuts”. I thank him for his inspiration.

The mayors—Bob Harvey, John Law, and now Penny Webster—along with the chair of the Auckland Regional Council, Mike Lee, have been strong advocates for the bill throughout, as have their councils and staff. Special thanks must go to Auckland regional councillors Sandra Coney, Paul Walbran, Christine Rose, and Bill Burrill; Waitakere city councillors Penny Hulse, Janet Clews, Ross Clow, and Judy Lawley, and former city councillors Denise Yates and Greg Presland; and Rodney district councillors David Steele and Greville Walker.

Tangata whenua support has been vital to the success of this bill. I specially thank Te Wārena Taua and Saul Roberts from Te Kawerau-a-Maki, and Bernadette Papa and Jane Sherard from Ngāti Whātua. I also acknowledge the Te Tai Tokerau member Dover Samuels.

I acknowledge staff from the three councils, including Dr Graeme Campbell, Jenny Fuller, and Mark Tollemache from the Waitakere District Council; Hugh Jarvis, Debbie Philp, Neil Olsen, and John Burns from the Auckland Regional Council; and Max Smitheram from the Rodney District Council. I acknowledge also, of course, Heather Ash and Emma Mosley from Simpson Grierson—the councils’ legal counsel.

There has been overwhelming support for this bill at grassroots, flax-roots, and bush-roots level, throughout Waitakere and the wider Auckland region, through polls, hui, public meetings, and submissions. There are many local people and organisations to thank and acknowledge in this House: the Waitakere Ranges Protection Society—of which, again, the Rt Hon Jonathan Hunt is a founding member—is led by John Edgar, and it has campaigned for over three decades for the area’s protection; Gary Taylor and Douglas Allan from the Environmental Defence Society; Forest and Bird; and all those other Waitakere groups that are committed to keeping Waitakere beautiful. I also thank Jack Colmar from Waitakere, who tirelessly gathered pledges of support for a heritage area, from politicians, musicians, artists, sportspeople, and celebrities, including our very own Sir Ed Hillary. Sir Ed said: “I heartily support the establishment of the Waitakere Heritage Area. It is a magnificent piece of coastline and forest and Auckland is very fortunate to have it so close. … I enthusiastically support the Waitakere Ranges Heritage Area.” It is very fitting that the next of the summit walks to commemorate Sir Ed’s life is being held this weekend, just as the bill is passed, in the new heritage area.

The third reading is the final leg of a long journey, and we are almost at the summit. When the final vote has been taken and the bill is passed, we can say: “We knocked the you-know-what off!”. I commend the Waitakere Ranges Heritage Area Bill to the House.

Hon Dr NICK SMITH (National—Nelson) Link to this

National members have had one question for Lynne Pillay, the sponsor of the Waitakere Ranges Heritage Area Bill, from the day that the bill received its first reading. It is a simple, direct question: how will this bill improve the environmental management of the beautiful area of the Waitakere Ranges? We listened to her first reading speech, we listened to her second reading speech, and again today we listened to her third reading speech, and we still have not had an answer.

We are told that the bill is an expression of the local people’s connection with the Waitakere Ranges. We are told that it is recognition of the beauty of the Waitakere Ranges. What we do not have is any answer as to how the bill will actually improve the area.

Hon DAVID CUNLIFFE (Minister of Health) Link to this

Over Easter I camped with my wife and two sons at Karamatura, near Huia, in the Waitakere Ranges. We tramped up the Karamatura Valley, and we explored the dunes and rock pools of Whatipu. As the sun set over the ranges on that beautiful weekend, I could almost feel the bush breathing a sigh of relief that its permanent protection was imminent. The people of Waitakere have been working for this day for 30 years, and I acknowledge the presence in the House of the Rt Hon Jonathan Hunt, who was one of the founders of the movement to get this bill here today. So along with my colleague and friend Lynne Pillay, it is with deep aroha and humility that we are here to recognise the work of all those who have gone before us.

This legislation represents the deeply held desire by the vast majority of Aucklanders to enhance the protection of our unique Waitakere Ranges, and I acknowledge immediately the key role of the bill’s sponsor, Lynne Pillay, MP for Waitakere, who has worked tirelessly to guide this bill through local consultation, select committee consideration, and the House. I also recognise west Auckland colleagues the Rt Hon Helen Clark, former Minister of Conservation Chris Carter, and our friend Darien Fenton MP, whose support has been critical to bringing this bill forward. Together we have heard the clarion call for the protection of the ranges because the environmental forces throughout the Auckland region—not just the west—have long been calling for it. That has been my experience since my first campaign in 1999.

Extensive consultation with the public and four local authorities shows that around 80 percent of Auckland’s population supports stronger protection for the Waitakere Ranges Heritage Area. This bill therefore carries with it the mandate of the citizens and councillors of Waitakere City Council, Rodney District Council, and the Auckland Regional Council. It responds to a clear and consistent local voice saying that the permanence of legislation is necessary to address the concerns. It is a united voice to Parliament from Auckland’s local and regional government.

The central issue this bill seeks to resolve is that of the cumulative effects of subdivision and development, and the need to provide long-term certainty. What makes the Waitakere Ranges unique is not just its combination of biodiversity and geography, interlinked with the Manukau Harbour and west coast environments, but its proximity to a major and rapidly growing urban area. As a result of Auckland’s growth, there will always be extreme commercial pressure to subdivide and develop land around the city fringe. This reduces population density and makes infrastructure services more difficult to provide, but, crucially, it means there will always be money in knocking down the trees in the first paddock past the fence between the city and the bush. There is a legitimate, sound, and deeply held public interest in addressing and arresting this long-term trend. Dealing with it on an individual consent basis, without appropriate guidance at a framework level, can never solve that problem. Indeed, it risks an unfair burden being placed arbitrarily on individual consents.

The bill is a solution to a complex conflict between the short-term and legitimate demands of property owners and the long-term call by residents and others to protect an iconic resource. There is a long history to the issue. Waitakere leaders and locals have been seeking greater certainty for decades. For example, in 1995 the then conservative Waitakere City Council’s district plan proposed to lift the 1 hectare subdivision limit, and to promote the Little Muddy Creek study to remove protections from the Titirangi and Laingholm areas. Fortunately, the measures were not passed, but that episode did underline the need for permanent protection.

This bill therefore recognises the national, regional, and local importance of the Waitakere ranges and the foothills area, and promotes the protection and enhancement of its historic features for present and future generations. As was formerly stated by the former Parliamentary Commissioner for the Environment, it prevents “death by a thousand cuts”, or, in technical terms, those incremental effects. To assist the development of the legislation, I travelled to the UK as a guest of the British Government to study its national park system. In the light of that, I am pleased that this bill allows us to achieve what has kept the British moorland pristine for centuries—adequate protection that also provides for human habitation and public access within the boundaries of the area. The result for local landowners is undeniably an increase in the amenity and financial value of their land. A house in Britain inside a park boundary is easily 30 percent more valuable than a similar property outside.

Importantly, this bill fits within the Resource Management Act’s procedures and structures, and does not violate Resource Management Act processes. Itensures that existing property rights are consistent with the Resource Management Act. This was a select committee issue that has been worked hard on, and I recognise the work of the Hon David Benson-Pope, the then Minister for the Environment, in this regard. The select committee report also recommended changes to the clause on local area plans. The committee considered proposals to ensure that legitimate infrastructure changes could take place within the area covered by the bill. The interaction between this bill and local government legislation has been made more specific. The bill requires local authorities to comply with the requirements of section 77(1) of the Local Government Act. I acknowledge two Ministers of Local Government, the Hon Mark Burton and the Hon Nanaia Mahuta, and their officials for their contribution to this aspect of the bill. The Auckland Regional Council will be required to prepare, adopt, and maintain a plan for the integrated management of the Waitakere Ranges Regional Park. The select committee recommended that this be reviewed every 10 years.

I recognise the kaitiaki of this area—Te Kawerau-a-Maki and Ngāti Whātua—whose support for this bill is a foundation of its passage. I recognise the leadership of Waitakere City’s mayor, Bob Harvey, of deputy mayor Penny Hulse, who is with us today, and of councillors Greg Presland, Denise Yates, Judy Lawley and others, who have steadfastly supported this bill. I recognise regional councillors Sandra Coney and Paul Walbran, and councillor Christine Rose, now of the Auckland Regional Council but formerly of Rodney District Council. I recognise another kaumātua, Jack Colmar, and John Edgar, chairman of the Waitakere Ranges Protection Society; Bruce and Trixie Harvey, Kath Dewar and their colleagues at the society; Dr Peter Maddison and Ken Catt of the Royal Forest and Bird Protection Society; Tim O’Shea of the Henderson Valley Residents and Ratepayers Association; the late Ian Henderson and his wife June, and Sue Hagen of the Titirangi Residents and Ratepayers Association; Hinne Hettema and Wayne McKenzie of the Laingholm and District Citizens Association—all of those champions who have given their best to ensure the long-term future of these precious ranges.

I thank the parties supporting the bill, all of our Labour colleagues, the Hon Jim Anderton’s Progressive party, the Greens, who have been rock-solid, the Māori Party, and, yes, Taito Phillip Field. I want to recognise the work of the officials of sponsoring councils, and especially Graeme Campbell and his team at Waitakere City, who have brilliantly coordinated the support. You know, Dr Seuss had a famous character called theLorax, the spirit of the Truffula Trees. I think there is a little bit of the Lorax in all of these fine people, and I salute them.

This is a moderate bill that employs the processes of the Resource Management Act. It requires that any future change to a district plan be undertaken in harmony with the objectives and purposes of the legislation. Nobody will lose any rights to have a consent considered; nobody will lose a single extant property right. Not a single subdivision currently approved will be voided, but we will overcome the problem of incremental effects. This bill provides a historic opportunity to put in place a Waitakere Ranges Heritage Area that will provide certainty for planning purposes, preserve lifestyles for residents, and protect the integrity of the landscape and the ecosystem. I feel safe in the knowledge that the passage of this bill means that long after I retire from politics, I will be able to fish and tramp in the Waitakere Ranges. I will also know that all of the effort that has gone into this bill, and a little of my time in Parliament, will not have been wasted.

JOHN CARTER (National—Northland) Link to this

I will make a contribution to this debate as I have been involved in the Waitakere Ranges Heritage Area Bill ever since it came to Parliament. First of all I compliment Paula Bennett on the work she has done in making sure that those who had an opposing view were given a full and thorough opportunity to express it. I also compliment Nick Smith and my other colleagues on the Local Government and Environment Committee on the work they have done. Even though we are opposed to the bill I will also compliment the staff and the various officials who worked on this bill, because, genuinely, they have done a good job, although I will raise one issue a little later. But I think that the staff who have been involved have given this 100 percent, so on that they can be complimented.

I would say to the local authority—it is primarily the Waitakere City Council, but it is not just that council—and the first thing I would place on the record is that I am not certain this move is a good expenditure of ratepayers’ money. This bill would have cost hundreds of thousands of dollars to put through.

DAIL JONES (NZ First) Link to this

New Zealand First opposes this bill. Many of the reasons have been set out already by Mr John Carter and by Dr Nick Smith. This bill is poorly drafted and poorly researched. It will do great damage to those people who live in the outer area of the Waitakere Ranges Heritage Area, and in particular to those people who live on the 10,000 hectares—about 25,000 people.

I say that the bill is badly drafted. It was badly drafted from the very beginning, even in the Māori saying that is set out in the preamble. What I wish to do is to read out the actual pepeha, or tribal saying, of Te Kawerau-a-Maki, which I believe should have been the way in which this bill began. After I have read it out I will be asking whether the Māori translator, who has a copy of the words in English and the translation in Māori from West Auckland Remembers, edited by James Northcote Bade, can read out the Māori translation. I have shown it to Dr Sharples as well, who is a well-known authority in these matters, and the translation is accurate, I believe.

First of all I will read out the English and then I will seek leave for the Māori translator to read out the Māori translation, which is the reverse of the way things are often done in the House. I cannot see why, on the basis of equality, that approach cannot apply. The pepeha, or tribal saying, in English is: “Puketōtara is the mountain; Waitakere is the river; Te Au o te Whenua is the man; Te Kawerau a Maki are the people.”

I seek the leave of the House—the House being the master of its own affairs—for the translation to be read out in Māori. I seek your direction, Mr Deputy Speaker, as to whether that is possible.

METIRIA TUREI (Green) Link to this

I take a very short call on this bill. It has been waiting to be passed for about 2 years now, and I think it is very timely that it is done as soon as possible. It is a very good bill and the Greens are very proud to have supported it through all its stages. This bill is about protecting the vision that New Zealanders have about their country. We are a clean country, we have room to move, we have beaches and bush that we can all enjoy, and these are common properties and commonly understood values by the community as a whole. This bill protects those values and gives the community the right to have a say over how land-use issues should be managed, as communities have done in New Zealand for generations. It ensures that those values are protected for many generations to come. We are very pleased that it is coming to this stage in the House.

I very briefly reflect on what I think is the scaremongering of New Zealand First about the property values around the Waitakere Ranges. What is actually true is that real estate agents support this legislation because they see that there is a significant marketing opportunity in having a Waitakere Ranges Heritage Area, and indeed we are seeing houses for sale being marketed as within the heritage area this bill covers. It is very important to New Zealanders to have this kind of area protected, for all of the good reasons that have been previously stated.

I echo Lynne Pillay’s thanks and greetings to all of those who were involved in the bill. I particularly thank Kath Dewar and the Waitakere Ranges Protection Society for the work she and that organisation did. I also thank the public law team at Simpson Grierson, for whom I have a great deal of respect, for their efforts in the proceeding of this bill, in supporting the select committee, and providing the good advice we needed to get this bill right. I thank them very much for all of their work. I look forward to this bill passing its third reading. Kia ora.

Dr PITA SHARPLES (Co-Leader—Māori Party) Link to this

Tēnā koe, Mr Deputy Speaker. First, I would like to pay my respects to Tumu Pūtaura. Kai te rangatira, Tumu Pūtaura, takoto, haere. Haere ki te okioki o ō tīpuna mātua.

[To the chief, Tumu Pūtaura, lie there, farewell. Depart to the resting place of your ancestors.]

It is a pleasure for me to talk on the Waitakere Ranges Heritage Area Bill. There is a Māori tourist company in the electorate of Tamaki Makaurau that is picking up awards almost as fast as the Māori Party is climbing in the polls. Potiki Adventures won the best Māori women in business award, Te Mana Wahine Tohu, last year. It took out the outstanding business citizenship award, the best new business award at the national women’s business awards, and Vogue Australia recently listed it as one of the top 15 things to do in Auckland City. The reason for its success is twofold: the breathtaking landscapes that Potiki Adventures takes tourists to, and the pride of the two owners in sharing the beauty and the knowledge handed down from their tīpuna about special locations all over Auckland.

A particularly popular tour is that through the Waitakere Ranges rainforest, and it is easy to understand why it is popular. The coastal belt to the west of the Waitakere Ranges—the real name of the ranges is Te Wao Nui o Tiriwā, by the way—exudes a rich Māori heritage. There are signs of early habitation, particularly on the islands and the headlands that constitute natural defence areas. The tour may also include an opportunity to view the unique and ancient inhabitants, such as geckos, rare frogs, kererū, etc., or one may wander through the mature native forest and marvel at the majestic sight of mānuka, kānuka, kahikatea, horoeka, rātā, rewarewa, rimu, and kauri. The wilderness of the Waitakere Ranges rainforest, the exuberance of the untamed coast, and the warmth of the black sand come together to create the unique environment that will linger in the memory long after visitors leave the park.

The unique landscape of the Waitakere Ranges is today being protected, preserved, and promoted by the mechanisms established in this bill. The distinctive tourist value of this area is, however, only one aspect of a space that positively resonates with an appreciation of a unique cultural heritage. Today we are taking a very important step in an investment in our future by preserving and caring for the history of past and present habitation in the environment. We are standing up to protect the national, regional, and local significance of the Waitakere Ranges Regional Park on behalf of those who call this land home.

We know just how important a step we are taking by the heat generated within the debate, and by the intensity and vigour of the positions put forward by people on both sides of the debate about the bill. It was obvious to us all that those who live in the land of the Waitakere Ranges fiercely locate themselves, and the generations before them, as a distinct community of interest in this bill. One after another, submitters traced back over the experiences of five or six generations in maintaining the Waitakere foothills bush environment. It has been a very inspiring process to feel the strength of the attachment that people from all walks of life have with this distinctive environment.

In the spirit of inspiration, I want to acknowledge the strength of this process as it has evolved in terms of soliciting the active participation of mana whenua. I commend Lynne Pillay, who right back in February 2006 was recognising the solid contribution and support from iwi—support that she openly declared was central to the success of this bill. Kia ora, Lynne. I commend the local authorities, the Auckland Regional Council, the Waitakere City Council, and the Rodney District Council, which have willingly endorsed the amendment I brought to the bill to establish and maintain processes to provide opportunities for Ngāti Whātua and Te Kawerau-a-Maki to contribute to the decision-making processes. We in the Māori Party were extremely impressed by the ways that tangata whenua have demonstrated such fine leadership in working with all players in relation to the land specified in this bill.

The Māori Party is very proud of the progress we have been able to achieve in creating processes to ensure that tangata whenua are actively involved in local decision-making. We are very pleased with the way the amendments to clauses 23B, 24, and 28AA were received by the House. The amendments establish a mandatory, rather than a discretionary, obligation on the Crown or the local authority to enter into deeds of acknowledgment with tangata whenua. The amendments place a positive duty on the respective local authorities to establish and maintain processes to provide opportunities for Ngāti Whātua and Te Kawerau-a-Maki to contribute to the decision-making process. That is unique.

The key point of this bill that really stands out is not just about the nature of collegiality and cooperation reflected in the engagement of mana whenua, of the local authorities, of the sponsor of the bill, and of the Māori Party. A crucial outcome of this process has been the precedent that has been established in enshrining the existing rights of mana whenua as a basis of recognition. The reaffirmation of tīpuna entitlements is essential to the full expression of tino rangatiratanga. We have a whakatauāki—a proverb—from my own people, Ngāti Kahungunu, that symbolises the concept of tikanga entitlements or tīpuna rights: “Kāore koe e tū mokemoke ai.”

[You will not stand alone.]

That whakatauāki speaks to me of the fact that no one stands alone, because we are born of whakapapa and live within its embrace. So it is that Te Rūnanga o Ngāti Whātua came to the Local Government and Environment Committee speaking of the need to protect the whenua, their wai māori, and the natural resources of taonga tuku iho designated within their tribal rohe. We heard about Ngāti Whātua tribal constructs and both Ngāti Whātua o Ōrākei and Ngāti Whātua Ngā Rima o Kaipara working together with the mayors of the three councils to ensure the respective mandate and participatory authority that are to be maintained by whānau, marae, and hapū across their takiwā. We heard also the perspectives of Te Uri o Hau, Ngāti Rongo, Te Kawerau-a-Maki, Te Taumata Rūnanga, Te Rūnanga o Te Taou and how the significance of their ancestral associations could be protected and preserved within this bill.

Te Tiriti o Waitangi anticipated the protection of Māori custom and cultural values. It also guaranteed the right of tangata whenua to possess and control that which is our tino rangatiratanga. It was an absolute declaration about the value that the Crown saw in its relationship with Māori. It is a matter of great joy to be speaking in this House about a model in which outcomes are anticipated that seek to exemplify the strength of a Treaty relationship. This bill provides us all with a model that shows how easy it can be for local authorities to establish a process to facilitate the involvement and participation of Māori in local decision-making processes. We have been extremely pleased that our Supplementary Order Paper succeeded, that the voices of mana Māori and mana whenua were heard, and that actions were agreed to that consolidate the formal relationship with tangata whenua. We in the Māori Party are proud to support this bill. Thank you.

Hon PETER DUNNE (Leader—United Future) Link to this

I want to begin by acknowledging the contribution of the sponsor of this bill and the dedication of the local authorities in and around the Auckland area to achieving a level of protection and commitment to the future of the Waitakere Ranges that belies their respective significance to the people of Auckland. I think it is great that that objective has been put before the House and I agree with Minister Cunliffe’s comments earlier about these wonderful pieces of land and tracts of bush and hillside being available for him and others to enjoy their recreational possibilities in their retirement. But I think that applies to all parts of New Zealand.

All of us can claim in our respective locations that degree of pristine beauty and that degree of natural integrity that we would want to see achieve the highest level of protection and the highest level of, if you like, heritage value for the future. That is what I have real problems with when I come to this legislation—the selective nature of it. I do not deny the people of west Auckland or the Auckland region the right to call for the high level of heritage protection for a particular part of their location but I do not deny that right to other New Zealanders as well.

It seems to me that in the framework the Resource Management Act sought to put in place we actually have that level playing field that sets the circumstances that all localities in New Zealand can work to achieve and apply in their own circumstances. I am not persuaded that there is a case for special legislation to be passed in respect of the Waitakere Ranges or, indeed, any other area. If that is so, then I think we need to come back to basics and ask: “Where does the Resource Management Act fit, what are our local planning ordinances in respect of those particular locations, and how should they, perhaps, be changed?

It is for that reason that United Future has opposed this bill from the outset and will be voting against it at the third reading today. It is not a statement to say that the Waitakere Ranges do not have significance, and are not of importance and value to the people of Auckland and the wider New Zealand community. It is a statement that recognises that that level of attachment, that level of protection, and that level of commitment should be able to be applied equally across the country. We are not in favour of what is essentially discriminatory law being passed in respect of one particular location—even though we acknowledge the significance it has to a large number of people.

So, although I take my hat off to those who promoted this bill for their dedication, their commitment, their sincerity, and their determination to do well by their region I think they are fundamentally wrong in their application and I think that this legislation is not good legislation. For those reasons United Future will be voting against it.

DARIEN FENTON (Labour) Link to this

I wish to take a short call because, as others have said, this bill has been a long time in the making and the debate has been fast and furious and spread over many, many months.

It is a real pleasure to take a call in the third reading of the Waitakere Ranges Heritage Area Bill. I have the privilege of being a resident in the Waitakere foothills so I am one of the property owners affected by this bill. I value the opportunity to express my gratitude to the people in my community, to all of those Waitakere residents who campaigned long and hard for this bill to become law, and to the councils who are promoting this bill—Auckland Regional Council, Rodney District Council, and the Waitakere City Council—for their foresight and determination. As a local resident I thank my local Labour MP, my staunch friend Lynne Pillay, who, along with those other Labour MPs—the Hon Chris Carter and the Hon David Cunliffe—has worked diligently in her efforts to see this bill shepherded through the parliamentary process.

All the people whom I know from where I live—from my neighbours, friends, and family in the foothills of Waitakere to my friends in areas like Te Hēnga, Swanson, Orātia, and Scenic Drive—are watching the progress of this bill with intense interest. They are particularly keen to see whether National can get over its natural propensity to stick up for the interests of developers over the interests of communities. This is a chance for National to go beyond paying mere lip service to the environment for a change. Interventions like this bill are essential if we are serious about our environment and our planet. Economics cannot always be the dominant concern and sometimes, as in this case, the environment needs to come first.

As a property owner in the heritage area, I know the concern of my community is to ensure that the ranges are protected for all time and for all generations to come. I believe that just as we acknowledge former generations who created the Waitakere Ranges Regional Park, the supporters of this important bill will be acknowledged in the future for having the astuteness and wisdom to protect the broader ranges area. I am proud to support the Waitakere Ranges Heritage Area Bill.

PAULA BENNETT (National) Link to this

I am grateful for the opportunity to speak in the third and final reading of the Waitakere Ranges Heritage Area Bill. I must say there are a few things said by the previous speakers that I certainly agree with. One would be when the Greens said it has been a long 2 years. It certainly feels like it and it certainly feels like it for the residents of Waitakere and I am sure for the councils, and particularly Waitakere City Council, which sponsored the bill.

I stand up with a smile because this bill has been a true reflection of democracy in New Zealand. I think in some respects we should stand up and be quite proud that there has been, most certainly, robust discussion around it. There has certainly been debate. I would certainly say that the residents of Waitakere support the Waitakere Ranges, as does the National Party. I do not think there can be any question of that.

On the poll, just for one moment, when people were asked whether they supported protecting the ranges, the majority said yes. I say with a wry smile that I think if I had been called I would have said yes as well. But there is no doubt that 221 submissions on a local government bill means that there was a strong interest in this legislation in the local community. The community was split and it was split pretty much fifty-fifty.

The local community has been split about this. I have been pretty upfront and available and have spoken to those who, I believe, support this bill. I have had no hesitancy in going to meetings where I have known I would not be the most popular person because the majority at those meetings were in favour of the bill, and I have had no hesitancy in making sure that my office door was open and that I listened to those who were at times rather zealous and incredibly passionate about the issue.

What I think is a bit of shame is that there has not been quite that feeling of openness and transparency from those who support the bill. In fact, we have just heard a speech—just before mine—that tries to paint the people who oppose this bill as being “devil developers” who want to cut up the ranges into a thousand pieces and see houses galore in a tight-fitting subdivision. That is grossly unfair because it is so far from the truth. If we ask around the residents who live in Waitakere, we will find that no one wants to see that sort of tight-fitting subdivision within the Waitakere Ranges and foothills. Certainly, that is the answer we got when we talked about protection. So I do not think there is any question as to whether the debate was about a tight-fitting subdivision by those “devil developers”. Unfortunately, that is how the debate progressed.

I want to pick up on a few things, which some of my colleagues have already mentioned. One has to be the fact that landowners are not necessarily the enemy. They are not the ones who barged in and cut down all the trees and turned this into a high residential area. In fact, it is the opposite. In fact, the people and the landowners in Waitakere have restored and rejuvenated the area. They are passionate about it, and they need that opportunity. I think that to paint National members as the big baddies who want to carve it all up may fit the agenda of some people, but the reality is we do not believe that this legislation will achieve its intention, and we have been consistent in that view.

We believe that this legislation is unnecessary and will potentially create huge litigation costs for ratepayers—and it should be done throughout the nation if we see cumulative effects as being vitally important. I for one do not stand here and negatively go against those who have put forward this bill and are supporting it. I think the intention has been genuine, and I think the desired outcome is actually quite good. But will this bill do it and will it be any good for Waitakere? My answer is absolutely and categorically no. In the Local Government and Environment Committee we were not at any time assured that this bill would fulfil its purpose. I have heard that 25,000 people—that is the latest count—live in the area and will be affected. To say they are not affected is to ask why we need the bill. It is a simple as that.

There are other ways to get the desired results of this bill, and it is through the Resource Management Act and a local district plan. Let us let a district plan do what it should do and plan how a district should be. This bill will not improve the quality of environmental management. It will simply add to the bureaucracy of existing plans and laws.

I commend the members of the select committee who worked on this bill. What we see today is certainly not what we saw when the bill was first introduced. There will be so many people—well, not so many; I do not believe that many people actually listen to these debates—who will find it quite hard to believe that at the select committee, even on a bill this contentious, we saw cross-party support to work our way through it. We may certainly have come at it from different angles, and we certainly had different beliefs and wanted different outcomes, but as the bill was to become law, we had a desire to make this legislation as workable as possible for Waitakere residents.

I want to touch on the potential for New Zealand. Let us have no disbelief that we have opened a can of worms that means that legislation like this can now come throughout the country. I want to pick up on what the Hon Peter Dunne said. He said that no one can deny the Waitakere area its natural beauty. I look at clause 8, and note one of the heritage features must be “natural scenic beauty”. I challenge members in this Chamber to stand up and tell me of somewhere in New Zealand that does not have that. But I can say to my Waitakere colleagues and the residents who may be listening, that I do know of one place that does not have natural scenic beauty, and that would have to be the Glen Eden overbridge, but I will deal with that issue in another format, I think.

Hon NANAIA MAHUTA (Minister of Local Government) Link to this

I rise to take a very brief call on the Waitakere Ranges Heritage Area Bill. In many respects, some would think that one has to be from Waitakere to be able to portray the feelings that local people have towards this particular part of Auckland City. It is a very distinct part of the Auckland region, and many of the previous speakers, certainly on this side of the House, have attested to the cultural, natural, and historical significance and heritage of the Waitakere Ranges. In many ways, only they could, because they are from there, they understand the community, they have been brought up in the area, they have raised their children in the area, and they can attest to the reasons why a bill like this should be brought to the House.

In fact, listening to the member who has just spoken, Paula Bennett, one would think that she had not actually lived in the area herself. I am assured by many, many members on this side of the House—such as Lynne Pillay, the member in charge of the bill, Darien Fenton, David Cunliffe, Pita Sharples from the Māori Party, and Chris Carter—that this bill is supported by local people. Yes, it has taken some time to get there, but not without the tireless effort and commitment of a number of stakeholders to ensure that this bill will achieve an outcome for the benefit of that community. That is as it should be.

What stakeholders have been involved? There were two councils—Waitakere and Rodney. Numerous local members of Parliament from west Auckland have become involved. Various Government departments have offered advice to try to work on some of the local issues that have come through the select committee process. A number of Ministers, such as myself as Minister of Local Government, have raised issues and sought solutions to be able to get something into this House that could be passed and that could be useful to ensuring the preservation of the Waitakere area.

Lynne Pillay should be commended for her tireless endurance, if nothing else, in lobbying across the House, at the select committee, and in the community to ensure that the balance of interests was reflected in something in this House that could be moved forward positively.

That is really all I have to say. Many members have exhausted themselves discussing the bill. What I think we will see overall is a model of an approach whereby communities can work together, ultimately for their own interests. Members opposite say that the Government is trying to stop any type of development. That is simply not so. We need only to look at the Hansard record of the Committee stage of the bill to see the response to those types of issues.

In the long term I think we will see a model that may be looked at by other regions to offer the same type of protection. We are not sure about that, but in time we will see some of the benefits emanating from this particular bill. I certainly support it. I am disappointed that Paula Bennett, a local member from west Auckland, did not seem, as a thinking member, to be able to support the bill. That is a shame but, never mind, with the support of the Māori Party, the Greens, and Taito Phillip Field this bill will continue through. Nō reira, tēnā koutou katoa. Kia ora.