WEBVTT - From giant Buddhas to helipads: How do councils decide what to approve - and does complaining change their minds?

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<v Speaker 1>Kiyota.

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<v Speaker 2>I'm Chelsea Daniels and this is the Front Page, a

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<v Speaker 2>daily podcast presented by the New Zealand Herald.

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<v Speaker 3>Not in my backyard.

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<v Speaker 2>For decades, that's been the battle cry for suburbanites and

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<v Speaker 2>homeowners unimpressed by changes happening in their neighborhood. But how

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<v Speaker 2>often are those complaints valid or are they just people

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<v Speaker 2>unhappy with change? With both a sixteen point five meter

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<v Speaker 2>tall Buddhist statue in Why We're the Valley and a

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<v Speaker 2>helipad in Westmere getting people talking today on the Front Page,

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<v Speaker 2>we're looking into the resource management process and why some

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<v Speaker 2>things get approved and others don't. Later we'll talk with

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<v Speaker 2>Associate Professor Caroline Miller from Massi University's Resource and Environmental

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<v Speaker 2>Planning program. But first, for details on that giant Buddhist statue,

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<v Speaker 2>we're talking to Nsitt Harold Senior reporter David Fisher. Some

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<v Speaker 2>basic questions first, David, where is this statue being built?

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<v Speaker 3>Who's building it and why are they doing so?

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<v Speaker 4>Let me start if I can by painting a picture

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<v Speaker 4>of sorts Wyverta Valley is north of Auckland, south of Poohoy,

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<v Speaker 4>and it is this beautiful rural valley. It is rolling

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<v Speaker 4>hills and quite steep ridges, regenerating native bush and the

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<v Speaker 4>rolling hills as you come down from the steep hills,

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<v Speaker 4>a green pastures and it's quite harsy, lovely paddics. It's

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<v Speaker 4>a real rural paradise and people have gone there and

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<v Speaker 4>they've got lifestyle blocks and lovely houses that are built

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<v Speaker 4>around the rim of this valley, sort of looking towards

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<v Speaker 4>the center where there is a sixty meter hill. Now

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<v Speaker 4>that's sixty meter hill. Buildings started on it a couple

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<v Speaker 4>of months ago. The neighbors couldn't really work out what

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<v Speaker 4>was going going on. They started doing a little bit

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<v Speaker 4>of detective work and found out that what was going

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<v Speaker 4>on was that someone they didn't know who was building

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<v Speaker 4>a sixteen and a half meter tall Buddhist statue and

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<v Speaker 4>plinth five meter tall plinth with an eleven and a

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<v Speaker 4>half but of statue on top of it that's going

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<v Speaker 4>to be golden. They were quite upset that they never

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<v Speaker 4>got to have a say in this before the building began.

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<v Speaker 3>Who's building this statue? Why are they doing it?

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<v Speaker 1>Well?

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<v Speaker 4>Who is a charity that's called the jets Grove Charitable Trust.

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<v Speaker 4>Jetters Grove, named after an important Buddhist temple based in India.

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<v Speaker 4>The why, well, that's somewhat of a difficult question. I mean,

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<v Speaker 4>the charity, Jetts Grove Charitable Trust has said now in

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<v Speaker 4>a letter that's come a couple of months down the

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<v Speaker 4>track from building beginning, they have said that they are

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<v Speaker 4>building this as a gift to the community. They say

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<v Speaker 4>that they're very grateful to New Zealand for its open minded, tolerant,

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<v Speaker 4>respectful approach to culture, that it's a nation of kind

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<v Speaker 4>hearted people with communities that, as they say, are beautifully

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<v Speaker 4>integrated across different ethnic groups. And as a reflection of that,

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<v Speaker 4>they have decided that they would like to build the

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<v Speaker 4>statue and give it to the people of New Zealand

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<v Speaker 4>as a gift. The neighbors of wyw'd A Valley are

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<v Speaker 4>more of a mind to say return to sender, thanks,

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<v Speaker 4>thanks for the offer, but no thanks, But they don't

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<v Speaker 4>actually get a say.

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<v Speaker 2>And the neighbors that you've spoken to the described it

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<v Speaker 2>as horrifying.

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<v Speaker 4>Why is that, Well, there's a tremendous number of words

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<v Speaker 4>that have been used to describe the statue. Monstrosity, horrifying,

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<v Speaker 4>blight on the landscape, all of these sorts of things.

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<v Speaker 4>It's because it really will look very different from anything

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<v Speaker 4>else that is in that valley. And actually, I think

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<v Speaker 4>if you throw a net across the entirety of the

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<v Speaker 4>North of Auckland, which would include the Gibbs far that

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<v Speaker 4>has these extraordinary works of art, it still looks very

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<v Speaker 4>different from anything that you would see anywhere in North

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<v Speaker 4>of Auckland, and that is because it is a large

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<v Speaker 4>statue of religious iconography today or say, they wouldn't care

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<v Speaker 4>if it was a statue of Christ or a Canoo

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<v Speaker 4>figure or whatever religion it might be. It's this thing

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<v Speaker 4>that is sticking out like the proverbial on top of

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<v Speaker 4>a tall hill that's going to be gold. It will

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<v Speaker 4>shine in the sun where the sun comes up in

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<v Speaker 4>the morning, and they just don't want it.

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<v Speaker 5>The size is just it's monstrous for a valley like this.

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<v Speaker 5>It's going to be very visible from all the properties

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<v Speaker 5>around here. It's going to be bright gold, which just

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<v Speaker 5>doesn't make sense in a rural environment. It's a faithful

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<v Speaker 5>replication of apparently an image of gurum Posh. To my mind,

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<v Speaker 5>that describes a religious and dormant it doesn't describe art,

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<v Speaker 5>and so.

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<v Speaker 2>This didn't need to be approved because it counts as

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<v Speaker 2>a work of art. Is that right?

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<v Speaker 5>That's right?

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<v Speaker 4>And this is a really this is a really interesting

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<v Speaker 4>thing about this Auckland Council process and about the approval

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<v Speaker 4>process for this Buddhist statue. When the application was put

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<v Speaker 4>in by the Jettis Grove Charitable Trust to build the statue,

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<v Speaker 4>they described it as a work of art and it

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<v Speaker 4>it led it to neighbors. They have said it was designed,

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<v Speaker 4>it was crafted by a Taiwanese artist and they say

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<v Speaker 4>it is a work of art. So under the Auckland

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<v Speaker 4>Council Unitary Plan, which is Auckland Council's wolves for building

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<v Speaker 4>in the wider Auckland area, if something is designated as

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<v Speaker 4>a work of art, it isn't a rural area. You

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<v Speaker 4>don't need to go through the resource consent process. You

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<v Speaker 4>go through a completely different process at all, where you

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<v Speaker 4>don't need to consult with your neighbors. You can just

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<v Speaker 4>go ahead and you can build it.

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<v Speaker 3>Do you reckon that's a bit of a loophole in

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<v Speaker 3>the law.

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<v Speaker 4>Well, the neighbors certainly think it's a loophole. And you know,

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<v Speaker 4>I talked to some ferociously clever academics that have spent

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<v Speaker 4>their life working in art and studying art, and the

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<v Speaker 4>outcome of those conversations was basically artist in the eye

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<v Speaker 4>of the beholder. What might be art to me might

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<v Speaker 4>not be art to you. There are precedent cases in

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<v Speaker 4>New Zealand of things that one might not see it

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<v Speaker 4>as art being described as art. There was a shipping

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<v Speaker 4>container in Hamilton that had a door in the side

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<v Speaker 4>and a window around the other side that was found

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<v Speaker 4>to be a piece of art because it was commentary

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<v Speaker 4>on housing and New Zealand. One of those academics that

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<v Speaker 4>I spoke to, he had said, the problem here isn't

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<v Speaker 4>that this is art or this isn't art. The problem

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<v Speaker 4>here is the Auckland Council decision making process. Because you

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<v Speaker 4>can call it anything art and it will be to

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<v Speaker 4>someone and so you can build anything you like.

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<v Speaker 2>Thanks for joining us, David, Thanks very much. We're now

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<v Speaker 2>joined by Associate professor from Massi University's Resource and Environmental

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<v Speaker 2>Planning program, Caroline Miller. Can you just outline for us

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<v Speaker 2>the standard planning process for councils in New Zealand, if.

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<v Speaker 1>That be sics right planning one on one? If you

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<v Speaker 1>want to do something on your property, then you one

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<v Speaker 1>of the first things you need to do is to

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<v Speaker 1>check your district and regional plans. So we're presuming it

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<v Speaker 1>might be in a rural environment or in an open one,

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<v Speaker 1>but you have eased the district plan, and the district

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<v Speaker 1>plan will list a series of activities as the Act

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<v Speaker 1>calls them, So that could be housing, it could be retail,

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<v Speaker 1>could be some industrial activity. Having defined what these different

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<v Speaker 1>activities are, then you determine what type of controls might

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<v Speaker 1>be needed to ensure that they fit into the environment

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<v Speaker 1>in which they're established and that they don't cause a

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<v Speaker 1>huge array of negative impacts for the people around them.

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<v Speaker 1>So essentially, what planning does says, here's your opportunity to

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<v Speaker 1>put forward what you want to do. In many cases,

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<v Speaker 1>it's what we call a permitted activity. So there are

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<v Speaker 1>some standards in the plan which you have to meet.

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<v Speaker 1>So in a housing situation, you may have to be

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<v Speaker 1>so many meters off a boundary, there'll be a restriction

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<v Speaker 1>on how high you can go to ensure there's an overshadowing, etc.

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<v Speaker 1>The activity could be quite complicated. So if we look

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<v Speaker 1>at a couple of these things that we've recently seen

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<v Speaker 1>they have looked at things like helicopter landing pads, probably

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<v Speaker 1>be on their experience of existing ones in urban and

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<v Speaker 1>rural areas, and then they would define the activity or

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<v Speaker 1>a landing pound for a helicopter and then decide what

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<v Speaker 1>level of controls you need to ensure that it doesn't

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<v Speaker 1>have significant adverse effects on surrounding properties and the people

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<v Speaker 1>who lived there.

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<v Speaker 2>That's the helipad in Westmere that Anna Moobray and Ali

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<v Speaker 2>Williams have been fighting over. This has been obviously a

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<v Speaker 2>contentious process for some time, and that got approved just

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<v Speaker 2>the other week against the wishes of the community, and

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<v Speaker 2>it's led to some locals to say that they've lost

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<v Speaker 2>faith in the resource management process.

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<v Speaker 3>Do you think that's fair?

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<v Speaker 1>No, I don't think it is at all, Because they

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<v Speaker 1>have all benefited from the resource management process, they perhaps

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<v Speaker 1>don't recognize that at the most basic level, we've ensured

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<v Speaker 1>that nobody is going to build a large, noisy, dirty

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<v Speaker 1>factory next, because you've separated our activities and gathered to

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<v Speaker 1>ones together that are largely compatible with each other. So

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<v Speaker 1>in a residential area, they'll be provisioned for school, childcare centers,

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<v Speaker 1>sorts of things which fit into a residential zone. What

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<v Speaker 1>you do then get are a whole lot of activities

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<v Speaker 1>which might be acceptable or can be made acceptable in

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<v Speaker 1>terms of controlling anverse effects. But you need to examine

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<v Speaker 1>them on a one by one beast and that is

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<v Speaker 1>clearly where you have got. These helipads being seen to

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<v Speaker 1>be some dispute on this are restricted or a discretionary activity?

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<v Speaker 6>Yeah, copses by residents in Auckland are pushing back against

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<v Speaker 6>a new helicopter pad Zuru co founder Animobra and Habbi

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<v Speaker 6>Ali Williams have applied to build one on their property.

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<v Speaker 6>Neighbors fear it may cause harm to local birds. I

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<v Speaker 6>just think Ali Williams is hoping that if he builds

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<v Speaker 6>a helicopter pad, maybe maybe Richie McCall will finally come

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<v Speaker 6>and visit. Do you think he calls it an allicopter?

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<v Speaker 3>Oh my god, how the whole thing came.

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<v Speaker 2>He doesn't want a helipair, He was like, I want

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<v Speaker 2>to build an alli pad. Is it enough for a

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<v Speaker 2>community to simply not like something, for counsel to have

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<v Speaker 2>to change its mind when it comes to consenting all

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<v Speaker 2>different kinds of plans.

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<v Speaker 1>No, the act says you must demonstrate that you are

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<v Speaker 1>adversely affected, and that is harder perhaps than people think. Look,

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<v Speaker 1>this particular decision is a real matter of judgment and

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<v Speaker 1>I would be surprised if it doesn't go to appeal

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<v Speaker 1>because I think that this is one of perhaps it's

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<v Speaker 1>just a small number of people seeking helipads in established

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<v Speaker 1>residential area. I know there's a lot on y Heki,

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<v Speaker 1>but you can see, well, that is a very mixed area.

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<v Speaker 1>It's not densely urban, it's partly rural, partly rural residential, etc.

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<v Speaker 1>So you might expect things like helicopters in that environment.

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<v Speaker 1>All that the evidence that they have been presented. However,

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<v Speaker 1>that doesn't mean that they may be overalled by a

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<v Speaker 1>higher authority. And that's what the Environment Court exists for

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<v Speaker 1>so that people can say, we're not happy with this decision,

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<v Speaker 1>we believe is defective in the following ways, we want

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<v Speaker 1>the Environment Court to consider it. And in New Zealands

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<v Speaker 1>our system is very often in terms of giving people

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<v Speaker 1>the right to make comment on these sorts of development

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<v Speaker 1>and also give them a path to a higher level

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<v Speaker 1>of appeal. It's not actually a standard point of every

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<v Speaker 1>other planning system. Across the world. We have always had

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<v Speaker 1>a very generous system in that regard. However, in the end,

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<v Speaker 1>from my experience, some people will never be happy.

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<v Speaker 2>What about when it comes to a sixteen meter tall

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<v Speaker 2>Buddha statue in why We're the Valley right now?

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<v Speaker 1>That is an interesting one, definitely a one off. However,

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<v Speaker 1>as the cancel has pointed out, the plan has a

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<v Speaker 1>new definition of what is art, because remember, art is

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<v Speaker 1>in the eye of the beholder. I couldn't imagine you

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<v Speaker 1>being able to easily write a definition of what is art.

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<v Speaker 1>For the people who are erecting it, this is a

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<v Speaker 1>symbol of their faith. So in many ways, if you

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<v Speaker 1>think about it, cathedrals have great height and steeples, etc.

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<v Speaker 1>Because they are again indications of faith. In this case,

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<v Speaker 1>it's going to be put into a rural residential area

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<v Speaker 1>where essentially there's just brassland around it, on undulating land.

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<v Speaker 1>It will be prominent, but because the activity has not

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<v Speaker 1>been defined, there will be nothing in the plan that

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<v Speaker 1>controls it. Yes, it will be a prominent structure, but

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<v Speaker 1>I think that is the whole point. These people want

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<v Speaker 1>this as a signal of their faith.

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<v Speaker 2>Do you think that from now it gives credence to

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<v Speaker 2>the fact that perhaps something like that should be in

0:14:34.880 --> 0:14:35.640
<v Speaker 2>future plans.

0:14:35.680 --> 0:14:38.760
<v Speaker 1>Yes, yes, it might be. But remember when you sit

0:14:38.840 --> 0:14:41.880
<v Speaker 1>down and write a district plan, and have done this myself,

0:14:41.920 --> 0:14:44.160
<v Speaker 1>you have got to try and look at what is

0:14:44.200 --> 0:14:47.400
<v Speaker 1>in the world in front of you and what might

0:14:47.520 --> 0:14:51.360
<v Speaker 1>be in the world ten years ahead. So you're trying

0:14:51.400 --> 0:14:55.520
<v Speaker 1>to predict the future. So yes, the district plan would

0:14:55.520 --> 0:14:59.480
<v Speaker 1>have had to have contemplated that, but there's no real

0:14:59.600 --> 0:15:02.600
<v Speaker 1>signal I think that this sort of thing was going

0:15:02.640 --> 0:15:08.120
<v Speaker 1>to emerge. So yes, sometimes district plans don't actually contemplate

0:15:08.240 --> 0:15:11.680
<v Speaker 1>activity because remember, plans take a long time to go

0:15:11.800 --> 0:15:15.800
<v Speaker 1>through the processes, partly because we allow a lot of

0:15:15.920 --> 0:15:20.320
<v Speaker 1>consultation and submission, right and so, but the time a

0:15:20.400 --> 0:15:24.520
<v Speaker 1>plan comes into operation, it's already a number of views,

0:15:25.040 --> 0:15:30.120
<v Speaker 1>all in terms of the environment of whatever you want

0:15:30.120 --> 0:15:33.000
<v Speaker 1>to call it that it's based on. Yeah, but again,

0:15:33.360 --> 0:15:36.200
<v Speaker 1>how do you write a definition of art and what

0:15:36.440 --> 0:15:39.440
<v Speaker 1>is acceptable to me might not be acceptable to you.

0:15:40.240 --> 0:15:43.120
<v Speaker 1>But also, this is a rural residential area and there

0:15:43.120 --> 0:15:45.680
<v Speaker 1>will be a lot of other toll structures could come

0:15:45.720 --> 0:15:49.200
<v Speaker 1>into that environment. Wind power turbines come to mind, and

0:15:49.280 --> 0:15:53.280
<v Speaker 1>our hells are decorated with them. You can't stand anywhere

0:15:53.320 --> 0:15:55.600
<v Speaker 1>in the city of palmstanth No and not see your

0:15:55.640 --> 0:15:56.520
<v Speaker 1>wind turbine.

0:15:56.760 --> 0:15:59.640
<v Speaker 3>If I wanted to build a wind turbine, say in

0:15:59.640 --> 0:16:02.360
<v Speaker 3>the middle of Palmerston North, and the council said no,

0:16:02.920 --> 0:16:05.240
<v Speaker 3>could I erect one anyway and call it art?

0:16:05.640 --> 0:16:09.040
<v Speaker 1>I date it. I date it because there will be

0:16:09.120 --> 0:16:12.400
<v Speaker 1>a definition of a wind turbine in the district plan

0:16:12.880 --> 0:16:15.960
<v Speaker 1>and what you're proposing to do is covered by it.

0:16:16.200 --> 0:16:17.680
<v Speaker 3>What if I bidazzle it, I.

0:16:17.640 --> 0:16:20.840
<v Speaker 1>Know it won't make any difference in essence of it. Look,

0:16:21.080 --> 0:16:24.760
<v Speaker 1>you can, and you could properly find a kese where

0:16:24.760 --> 0:16:28.680
<v Speaker 1>you could do something, But for instance, in a residential area,

0:16:28.840 --> 0:16:32.480
<v Speaker 1>generally there are hype restrictions. Yeah, I can see. I

0:16:32.520 --> 0:16:34.520
<v Speaker 1>can see both sides of this. I can see why

0:16:34.600 --> 0:16:37.840
<v Speaker 1>the neighbors are very upset, and I can see why

0:16:37.840 --> 0:16:39.880
<v Speaker 1>of the people promoting it want to do it.

0:16:40.240 --> 0:16:44.160
<v Speaker 3>How do planners balance competing interests?

0:16:44.240 --> 0:16:47.880
<v Speaker 2>I guess, like economic development, you've got environmental protection and

0:16:48.000 --> 0:16:50.760
<v Speaker 2>community needs and want How do they balance all of

0:16:50.760 --> 0:16:52.080
<v Speaker 2>that in their decision making?

0:16:52.200 --> 0:16:56.600
<v Speaker 3>Is it basically based on precedents to some extent?

0:16:56.680 --> 0:17:03.200
<v Speaker 1>But remember planners don't make decisions. They present evidence with

0:17:03.480 --> 0:17:09.920
<v Speaker 1>a recommendation, but that recommendation can and is ignored because

0:17:10.040 --> 0:17:14.040
<v Speaker 1>the decision makers see that situation in a different way

0:17:14.400 --> 0:17:17.280
<v Speaker 1>what the plant does as they see. The first thing

0:17:17.280 --> 0:17:20.160
<v Speaker 1>you look at is what are the effects, who are

0:17:20.160 --> 0:17:25.240
<v Speaker 1>they going to affect, and what can we do to mitigate,

0:17:25.720 --> 0:17:30.800
<v Speaker 1>to reduce or even eliminate that effect. So, for instance,

0:17:30.800 --> 0:17:34.679
<v Speaker 1>if you wanted to build a particular building see a

0:17:34.720 --> 0:17:37.840
<v Speaker 1>small avatar in the rural area, people might not want

0:17:37.880 --> 0:17:41.880
<v Speaker 1>to see that. Therefore, one way of addressing the visual

0:17:42.040 --> 0:17:46.560
<v Speaker 1>impact of that on the neighbors would be to have

0:17:46.800 --> 0:17:50.520
<v Speaker 1>planting around it, to have it well set off boundaries

0:17:50.560 --> 0:17:56.280
<v Speaker 1>with the neighbors, etc. However, people sometimes don't care if

0:17:56.480 --> 0:18:01.159
<v Speaker 1>there are conditions that are going to mitigate, reduce, or

0:18:01.200 --> 0:18:05.160
<v Speaker 1>eliminate the effect because they don't believe that will actually

0:18:05.440 --> 0:18:10.760
<v Speaker 1>happen and it can't be demonstrated. Unfortunately, until the activity

0:18:11.680 --> 0:18:17.000
<v Speaker 1>takes place gets developed, there are at times unexpected effects

0:18:17.640 --> 0:18:24.159
<v Speaker 1>that neither the applicant nor the decision makers have actually predicted.

0:18:24.359 --> 0:18:28.480
<v Speaker 1>But in most cases, at the moment that artwork will

0:18:28.600 --> 0:18:32.080
<v Speaker 1>look like a visual assault to everybody who can see it,

0:18:32.280 --> 0:18:36.919
<v Speaker 1>because they are very focused on it and they don't like.

0:18:37.400 --> 0:18:42.040
<v Speaker 1>With time, my prediction would be that people will eventually

0:18:42.240 --> 0:18:46.600
<v Speaker 1>incorporate it into their view of the environment in which

0:18:46.680 --> 0:18:47.160
<v Speaker 1>they live.

0:18:47.640 --> 0:18:49.320
<v Speaker 3>Thanks for joining us, Caroline.

0:18:52.119 --> 0:18:55.240
<v Speaker 2>That's it for this episode of The Front Page. You

0:18:55.240 --> 0:18:59.080
<v Speaker 2>can read more about today's stories and extensive news coverage

0:18:59.119 --> 0:19:03.000
<v Speaker 2>at ends at harold co dot nz. The Front Page

0:19:03.040 --> 0:19:06.560
<v Speaker 2>is produced by Ethan Sills and Richard Martin, who is

0:19:06.600 --> 0:19:08.160
<v Speaker 2>also a sound engineer.

0:19:08.600 --> 0:19:10.119
<v Speaker 3>I'm Chelsea Daniels.

0:19:10.720 --> 0:19:13.840
<v Speaker 2>Subscribe to the Front Page on iHeartRadio or wherever you

0:19:13.880 --> 0:19:17.680
<v Speaker 2>get your podcasts, and tune in tomorrow for another look

0:19:17.760 --> 0:19:19.040
<v Speaker 2>behind the headlines.