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No Feasible Legal Mechanism To Compel Industry Relocation

Tauranga City Council has received legal advice indicating that there is currently no feasible pathway for the council to compel a relocation of industries in the vicinity of Whareroa Marae, in the Mount Maunganui industrial area.

Reporting to the Monday, 27 February Tauranga City Council meeting, General Manager: Strategy Growth and Governance, Christine Jones, noted the advice that many industrial activities in the area will have existing use rights under the existing Resource Management Act and that the situation is not likely to change under the current draft of the Natural and Built Environment Bill.

“Rezoning under the City Plan could potentially constrain future activities, but not those protected by existing use rights, and no feasible mechanism has been identified for Tauranga City Council to compel existing industry to relocate away from Whareroa Marae,” Christine said.

Work to investigate the potential for instigating a managed retreat of heavy industry from Totara Street, south of Hewletts Road, was commissioned by Tauranga City Council (TCC) and Toi Moana Bay of Plenty Regional Council (BOPRC) in 2020. That followed a presentation by representatives of Whareroa Marae hau kainga to the Tauranga Moana Advisory Group and a subsequent recommendation by that group. Concerns had also been expressed by Mount Maunganui residents over a number of years about the effects of industry emissions on the wider area.

Commission Chair, Anne Tolley, said that while the report on existing use rights does not identify a feasible way for TCC to advance industry relocation, it is nevertheless an important step in the work being undertaken with Whareroa Marae hau kainga and BOPRC to explore future options.

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“Mount Maunganui was declared a polluted airshed in late-2019. BOPRC has been working with industry and the measures that have been implemented by businesses have resulted in improvements. The intent of this ongoing work is to achieve air quality standards which would allow the airshed to be classified as non-polluted over the next decade,” Anne said. “BOPRC will report back on this legal opinion to the next Tauranga Moana Advisory Group meeting and set out a path forward.”

A health impact study commissioned by Toi Te Ora is also expected to be reported at a future meeting of the Advisory Group.

“The Commission is keen to ensure that the current Mount Spatial Plan and Mount Industrial Planning projects explore mechanisms that will better manage future industrial land use. That work will focus on what can be done to achieve the aspirations of Whareroa marae hau kainga, mana whenua and the wider community, and whether a move away from emitting industries in this area can be achieved over time,” Anne concluded.

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