Showing posts with label Taniwha Tax. Show all posts
Showing posts with label Taniwha Tax. Show all posts

Thursday, 28 July 2016

Unitary Plan: Good news, bad news

 

RMA-web

Since 1:30pm yesterday, when it was released on the council website, every single person in this great little city of ours who is anything to do with land or building or housing has been huddled over their phones, tablets and computers finding out what our most learned lords and masters might be about to allow us all to do on our land. [Notwithstanding that “the very idea of a single long term plan for a 16,100sq km, largely rural region containing a rapidly growing and diversifying urban mass is flawed.”]

I speak of course of the Auckland Unitary Plan.  Written by planners, debated by bureaucrats, shredded by NIMBYs, and argued about by councillors, the “Independent Hearings Panel” yesterday issued its decree on all those deliberations that everyone fully expects to be voted into law on August 19. [Read it all here, if you have days to wade through it. It will take you 5 days. *]

Most of the commentary since release is simply talking its book, so I’ve most mostly just ignored it. [Although I had to laugh at Radio New Zealand calling up two people in Grey Lynn as their “couple of Aucklanders” to talk to.]

Lets start from the beginning. Every rule in a Plan is telling you something you can't do. If you didn't want to do it, they wouldn't need a rule to stop you; so every single rule is an imposition on your property rights. That makes it a plan to hinder your plan. [Maybe time to re-read ‘Capitalists Have a Better Plan.’]

At the same time, every one of your neighbours has the same property rights as you. And they probably have the same or similar expectations of peaceful enjoyment on their property as you do on yours. So that provides the only moral justificatinon for their rules.

Cities grow organically, or try to, reflecting the individual choies folk make in their own context. Planners prefer the shoehorn, making museum-pieces of the parts of cities they favour, and insisting other parts be cooked only to their own recipe.

So in the absence of genuine common law protections of your legitimate rights in your land -- protecting you and your neighbours rights to light and air and support etc., all or any of which can be negotiated between each of you to your own mutual satisfaction (setting up a network of delightful concatenations that help to build an organic city) -- the council's plan is the only thing you have in law protecting you from a new fifteen-storey glue factory next door.

And that's written by planners, well-paid busybodies well-schooled in the idea that they know best. 

So how does their proposed Auckland Unitary Plan shape up in protecting legitimate property rights while limiting the usual impositions on what you can do?

These are just my first impressions

  • The plan generally allows you to do more on your land. Good news. On some land a lot more, on most land a little more—and mostly without taking your neighbour’s sun. So mostly good news.
  • But almost everything you want to do now on your land will require the expense, delay and massive uncertainty of a resource consent. Bad news. Very bad news. So more folk will sit pat, either waiting for a knock on the door from a developer  with more staff and resources than they have to bust through all the hoops, or just putting up with what they already have, wary of putting their head in the planners’ noose. And meanwhile, more planners everywhere will find employment, and delude themselves they’re productively employed -- and your rates on these newly-intensified sites will go up. (Anf if you vote the vile Vic Crone, go up savagely!)
  • The so-called Taniwha Tax has been axed [listen here to the wailing], removing the need on some sites to apply to up to a dozen iwi for a “Cultural Impact Assessment.” Good news. Very good news. This may be thrown out the front door only to make its way in via the back (note for example “that sites of value to mana whenua should be disregarded until the ‘evidential basis of their value has been assembled’”), but sanity at this stage seems to have prevailed. You can probably thank all those so noisily opposed for that. (But eternal vigilance , people. Eternal vigilance.)
  • The blanket prohibition on looking sideways on pre-1944 “heritage” property has gone. Good news on the face of it, allowing these to be used and re-used much more imaginatively. But Heritage Overlays and the like still remain in many parts of the city (as of course do the provisions of the Hysterical Places Act) so there are still serious barriers in place to redeveloping or upgrading so-called heritage property.
  • The rural-urban boundary – the planners’ ring-fence surrounding Auckland and protecting land-bankers’ risk-free profits, has not been smashed. Only moved. So imaginative hamlet development or the like out south or west is still subject to a blanket ban. And as even Labour’s Phil Twyford recognises, “just moving the boundary encourages speculation and land banking to shift to the new boundary.  Only scrapping the boundary will lead to land prices stabilising.” So in the short-term it will

THERE ARE TWO WAYS for mine to gauge what the plan represents:

  • have the planners allowed folk to live as and where they want? in other words, are they Pro-Choice?
  • has the plan made it safe again to be a spec builder? in other words, are they Pro-Affordable Housing?

1.On the first: on the battle over Up or Out, or sprawl versus intensification (as the dichotomy is falsely labelled) the planners and Independent Panel have still cast most weight in the scales for up. Sort of. So in the issue of being Pro-Choice – by which I mean, letting folk live how and where they demand to – we’ve only moved a baby step at best.

2. And on the second: since its birth this city was largely built by small spec builders who bought a spection on spec, building a fine house, and the selling it t a happy family at a small profit. For the longest time now and for all but the top end of the market, that model has mostly been broken. We need to fix spec building to make Auckland affordable again. This plan still does not do that. It has made it safe to be a bigger builder or developer, with the staff and resources to weather the process and all the delays of any development. But all the small spec builders are still largely shut out. You can guess what that means for affordable housing.

Now, with all the regime uncertainty of waiting for the arrival of this long-gestating and much misunderstood Plan, there will be literally thousands of folk who have been sitting on their hands unwilling to risk a cent until they have some certainty. The plan’s release will at least guarantee an explosion of projects in the immediate pipeline.  But with every new project still an uncertain one, with all the delays of a resource consent involved in every one, we may not have the full explosion that the bid for affordable housing really needs.

.


* Hugh Pavletich makes the pithy point:

… "If I was to read this at normal speed, at about 200 words per minute, that would take me in excess of 55 days to read this Unitary Plan."
   
The report comes in several parts. It comprises two main overview chapters, published as separate PDFs, which tally 207 pages combined.
   
The 80 individual reports are each between 12 and 37 pages long.
   
Housing campaigner Hugh Pavletich​ is scornful of the sheer size of the Unitary Plan.
   
"If a plan is any more than a thumbnail thick, it is irrelevant because it is beyond people's ability to get their heads around it," he said.
   
But that's just what Auckland's councillors will have to do - they have until August 19 to decide if they accept the recommendations.
   
The above comment actually came from the late Owen McShane … God bless him.

Friday, 18 December 2015

WATCH: 'Taniwha Tax' exposed on TV3

Lee Short explains the racket to HDPA
If you’re buying or building a house in Auckland—or contemplating doing yours up—then don’t make another move until you’ve checked with your local iwi. Or even up to thirteen local iwi, each of them with their hand out.

Some of you are already well aware of what is being called a Taniwha Tax, a rule in Auckland’s new Unitary Plan requiring that doing anything more aggressive than mowing your lawn within 100m or so of a place deemed “a site of cultural significance” will require  something called a Cultural Impact Assessment" (appropriately enough, a CIA) along with all those approvals from all those iwi.

And there are thousands of these sites right around Auckland!

So bravo to Lee Short from Democracy Action and TV3’s Heather du Plessis-Allan for helping expose the racket on the telly last night.

And ask yourself, how many mayoral candidates will be campaigning against it ... ?


PS: If you’re interested, I have a chapter in a recent book all about this racket, what made it possible, and what it portends for NZ’s future. You can pick up a copy here.

Wednesday, 9 December 2015

Victory in councils’ backtracking

Auckland’s planners are backtracking somewhat from their imposition on the city of 3,600 so-called sites of cultural significance—each representing a “site” (said the council) that they had deemed “important” to Mana Whenua, with whom property-owners would be required to “consult” before doing anything more aggressive than mowing their lawn. These are are the “purple blobs” that in slowing or even stopping work on projects anywhere near them saw them dubbed a taniwha tax—and Lee Short from Democracy Action Lee Short sees a small victory in the council’s backtracking. “Our campaign is working,” he says::

After a year of hard work our campaign to expose Auckland Council’s objectionable Mana Whenua provisions in Auckland Unitary Plan is finally paying off.
    Last month the Council voted to remove 600 sites of value to Mana Whenua from the Unitary Plan – sites that were put in the Plan back in 2013 without Council verifying their existence!
    We’ve been speaking to Councillors; it was people power - people like you and me - which forced the Council’s hand. All those meetings, submissions and presentations, reports we commissioned, and face-to-face lobbying are working.
    The NBR summarised it best in the headline to
this article (paywalled):  “Councillors’ tails still in twist over 'taniwha tax'”
But we have a lot more to do

Now that we’ve been through the small print of the Council’s decision, we are even more confident that the Council will need to make further changes. Reports provided to Councillors on 12th November suggest that the basis for including these sites is even shoddier than we thought. Officials recommended that 1387 sites of value be removed from the Unitary Plan.
    The Council’s own officers said:

    (a) 752 sites did not have values assigned by Mana Whenua;
    (b) 73 sites were non-Māori or duplicates;
    (c) 552 sites did not have a confirmed location; and
    (d) 10 sites where it was unknown if the object of value was a natural or archaeological feature.

    As reported by Stuff, Councillors tied themselves in knots debating this, resolving to only remove 600 sites, all from private property. Council Planning Officers also disclosed that Democracy Action was right all along — they have not visited, or verified the remaining 3000 ‘sites of value’.
    By using Council's own GPS data our volunteers have visited many of the sites and found so-called ‘sites of value’ in residential subdivisions, underneath community buildings, in the middle of industrial estates, and even one in an old landfill.
    In the coming weeks we hope to expose which of these ridiculous examples the Council has chosen to keep in the plan.

Over the past 12 months, Democracy Action has:

  • Attracted 300 people to a public meeting to launch our campaign;
  • Launched our new website, with resources to arm the public with the facts of how iwi representation is undermining democracy in local government;
  • Highlighted the injustices of the mandatory requirement to seek Cultural Impact Assessments (CIAs) in a number of TV, radio and print stories;
  • With our lawyers we have made four written and oral submissions to Auckland Council’s PAUP Hearings Panel;
  • Photographed and catalogued many ‘sites of value’ that are clearly incorrect.

Over a thousand residents within ‘sites of value’ zones have been contacted, to point out possible CIA requirements affecting their properties.

Our aim is to have the Council adopt formal criteria and methodology, rather than guesswork, for sites scheduled for protection, thereby ensuring that the rights of Auckland property owners are not eroded without good reason.
We will also continue lobbying against several other provisions in the PAUP which propose the introduction of new rules regarding management of our natural and physical resources.  One of these is the proposal to introduce co-governance and the joint management of water allocation and use in Auckland.

Democracy Action seeks your help in maintaining pressure against council on this issue:

We need your ongoing support to ensure our campaign can continue. I’m emailing to ask for you to click here to join Democracy Action, and/or click here to make a donation.
Your help means that we can continue to arm Aucklanders with the facts about the content and impact of the Mana Whenua provisions in the Unitary Plan.
   
Please help us to maintain our momentum in overturning these Mana Whenua provisions, as we continue to promote the democratic principles our parents and grandparents fought for.

Not to mention: our property rights.

Wednesday, 11 November 2015

Taniwha Tax: What you can do

Auckland council has an important vote tomorrow, and you can help sway it.

As you may know, when the council’s Unitary Plan was first released, around 3,600 large purple blobs were smeared across the map—each representing a “site” (said the council) that they had deemed “important” to Mana Whenua, with whom property-owners would be required to “consult” before doing anything more aggressive than mowing their lawn.

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Which came as a surprise to many of the local iwi said to be affected, even though this didn’t stop some of them hatching plans for large fees for the necessary consultations and signatures land-owners might need under the Unitary Plan.

No wonder some groups started calling it a Taniwha Tax.

Around 3,600 of these sites were included in the Unitary Plan without any verification or compensation for the damage to property values of the 18,000 or so Auckland properties affected. Home-owners in Paritai Drive were among those who newspapers recently discovered were affected by a site of so-called importance, receiving headlines for being sent letters by Ngati Whatua claiming mana whenu status on the basis of the clifftop being the alleged site a losing battle some centuries ago.

Many of the sites had even less basis in fact than this one. Auckland’s Democracy Action group began photographing and verifying the sites — something the Council didn’t bother to do. What they discovered

is a Council that was protecting building foundations, car parks and even rubbish dumps, while forcing Auckland ratepayers to pay iwi groups to verify resource consents on matters which include the metaphysical (spiritual) concerns of the 18 recognised iwi groups.

That is the state of play up to now. But tomorrow,

the Council will vote on whether to remove 1,373 of the 3,600 deemed 'sites of value to mana whenua'. These are the provisions that are requiring some 18,000 Auckland property owners to check with iwi whether 'cultural impact assessments' are required when applying for a resource consent.

And what Democracy Action has done is make it easy for you to email your councillor and tell them to do their fricking job!

They have created a tool for you to email Len Brown and/or your local councillor: Take a moment to make your voice heard by clicking here.

Couldn’t be simpler, could it.

Do it. Do it now!

RELATED:

Tuesday, 3 November 2015

Rodney Hide still defending the indefensible

_RodneyHoodHe’s back: The man who sold out a city's ratepayers for the sake of ministerial power, and all-but destroyed a political party in the process.

Rodney Hide took all of ACT’s declining credibility and bet it on the losing horse of super-sizing Auckland council amalgamation—so bad a bet he had to leave the city, ashamed to show his face in front around the ratepayers he shat on. Yet he’s back this week, flogging that same dead horse, telling punters in the face of the abundant evidence to the contrary appearing in every spiralling rates demand they receive that “nothing has changed,” and at the same time that all the changes are “under the hood.”

Apparently service is better, infrastructure is better, bylaws are better, and now every new home has a pony. Sadly, there are nowhere near enough new homes. Partly because of the planners’ plans being written by Rodney’s super-sized and wholly unaccountable council planners…

Housing affordability measures are an excellent ‘test’ of how well local government is performing and coping with growth [points out Hugh Pavletich] …
    Around the time of the Auckland Councils amalgamation, 3rd Qtr 2010 data ( 2011 7th Annual Demographia Housing Survey) shows that Auckland housing was then 6.4 times household earnings …

    http://www.demographia.com/dhi2011.pdf

    … and by the 3rd Qtr last year, as this year’s 11th Annual Demographia Housing Survey illustrates, Auckland housing had hit 8.2 times household earnings …
   
http://www.demographia.com/dhi.pdf
    … with Auckland’s housing inflation exploding these past 12 months by 25.4% from a median price of $615,000 through to $771,000 … near 10 times annual household earnings.
    What this means is that the young couple on say $100,000 a year could expect at the time of amalgamation to pay $640,000 to house themselves … but now it is close to a million dollars.

As commenters say in replies to the odious prick’s self-serving Herald puff-piece

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Rodney Hide sold the idea of super-sizing council as delivering smaller council, greater efficiencies and lower rates. Every promise has proved disastrously wrong. The myth-making continues: “We didn't just push eight councils together,” says Hide. “We disestablished eight councils and built a new one. Nothing like it has ever been attempted in Australia or New Zealand.”

Well, yes it had been tried before: in Brisbane. And in Adelaide. And just like Auckland’s council amalgamation, they were disasters.

And it had been tried before in New Zealand, by Michael Bassett, delivering the same result as this amalgamation: not disestablishing eight sets of councils and their staff, but building a whole new set of council parasites on top – with egos, power-trips and huge rates bills to match.

Hide has learned nothing and forgotten everything.

If he had simply remained as the perk-buster who turned poacher he could have simply remained just another political joke. That he instead had the power-trip that saddled us with Len Brown’s super-shitty super-sized council bills means he deserves only contempt.

I suggest you punch him next time you see him. Punch him hard.

RELATED POSTS:

Wednesday, 15 April 2015

The Taniwha Tax: coming to a home near you

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While some folk are desperate for affordable housing, council planners continue to demonstrate that’s the last thing on their agenda.  The latest loopiness being bedded in around Auckland Town is a Cultural Impact Assessment – appropriately called a CIA, because the process is akin to being reamed by officious goons.

If you thought trying to get a resource consent out of council is hard, and it is, just wait until you discover your site has been declared as needing a CIA—something that could see you needing to negotiate with up to nineteen different Maori tribes in order to gain consent to erect a carport, for reasons that are entirely “spiritual” in nature.

The provisions may affect the value of perhaps 18,000 properties [says the Taxpayers Union], and many more in time. It is a variable and unpredictable capital tax, collected when someone wants to change their property use. Such uncertainty diminishes prospects for economic growth [not to mention property rights] as it does not allow people to plan with confidence.

No wonder groups opposed are calling it a Taniwha Tax, on which the Taxpayers Union has released a briefing paper entitled The Taniwha Tax: Briefing paper on Auckland Council’s new Mana Whenua rules.

Here is the PR released with the paper:

The Taxpayers’ Union, with support from the Auckland Property Investors’ Association, Auckland Ratepayers’ Alliance and Democracy Action today launched a briefing paper on Auckland Council’s new Mana Whenua Cultural Impact Assessment provisions. The paper, entitled The Taniwha Tax: Briefing paper on Auckland Council’s new Mana Whenua rules.
   
We believe that every Auckland homeowner or potential homeowner needs to know how the new provisions affect them.
    Most affected property owners will not become aware of the provisions until they suddenly find there is a site on or near their land, or they are told they may need to get a Cultural Impact Assessment (CIA) when applying for resource consent. Worse, the Council isn’t even sure that some of the 3,600 sites deemed ‘of value’ even exist. It didn’t bother to check.
    The Briefing Paper quotes extensive criticisms of the provisions made on behalf of some of New Zealand’s largest corporates, including Vodafone, Spark, Chorus, Transpower, Vector, Watercare.
    If you thought that navigating RMA red tape was hard, these provisions could require you to negotiate with up to nineteen Mana Whenua groups in order to gain development consent, the rules mean that resource consents may be subject to expensive modifications, even if the reasons are entirely spiritual in nature.
    The Council has previously tried to dampen public concerns, claiming that not many Cultural Impact Assessments have been required so far. They ignore the cost and delay of applicants having to go to iwi groups to ask whether a CIA is required.

This reaming by a CIA—along with the approval of appropriate iwi (plural) –is required every time you propose a project anywhere near a site that appears in Auckland’s Proposed Unitary Plan as a purple blob.  There are a lot of blobs (and that only describes the planners):

image

As you can see, the place is swarming with them.  Most of these sites are unverified, and even the 7 or so iwi to whom you will have to write pleading for your project to proceed will often know no more about a site than you did before you started your project.

And if you think to yourself: “Huh, it’s only Auckland,” then guess what: if the Taniwha Tax makes it here, it’ll make it everywhere.

Wednesday, 18 February 2015

Cultural Impact Assessments - to protect a dump

If you aren’t already required to file ‘Cultural Impact Assessments’ in your area, then don’t worry, it won’t be far away – what is born in the torrid bullshit of the Resource Management Act and fermented in the fetid dreams of Auckland planners eventually filters down (or up) to the planners of lesser (or greater) burgs across the country.

These ‘Cultural Impact Assessments,’ or CIAs—along with the approval of appropriate iwi (plural) --are required every time you propose a project anywhere near a site that appears in Auckland’s Proposed Unitary Plan as a purple blob.

There are a lot of blobs (and that only describes the planners):

image

The place is swarming with them.

Most of these sites are unverified, and even the 7 or so iwi to whom you will have to write pleading for your project to proceed will often know no more about a site than you did before you started your project.

Fortunately, Lee Short of Auckland’s Democracy Action is doing something about it…

As you know, Auckland Council never verified that the sites of value to mana whenua actually exist – so we owe a huge thanks to our volunteers that have been investigating.

So far our volunteers have photographed and documented 110 sites throughout Auckland.

What we thought we’d do is highlight some of the questionable sites the council wants to ‘protect’.

We have embedded our map of the sites we’ve catalogued to date on our website here, but as a taste of what we have found we will be highlighting sites on a weekly basis.

First Site of the Week
ID#205, East Tamaki

Protected dump

Our volunteer documents:

“The site is on top of the hill that is the former Greenmount municipal landfill that is being remediated by Auckland Council and will become a park with sweeping views. The area is a huge 54ha, bounded by Harris, Smales and Springs Rds. It was bequeathed by the late Mrs SJ Lushington, to be set aside for public recreation purposes. But Manukau City Council used it as a scoria quarry and then a dump instead. It was taken over by an entity of the former Auckland Regional Council. Dumping stopped in 2005. Remediation deposits of up to 1.5million cubic metres of fill are being laid to meet “a final contour level.”
   
According to a council hearing report (under the RMA, dated July 23, 2014), it has two sites of Maori archaeological origin (sites 206 and 3056), being the former Matanginui Pa site, and a midden near the northern boundary. Judging by the enormous filling activities over decades, it seems unlikely there is any surviving physical signs or features of the pa.”

Remember however that thanks to the mana whenua provisions, any earthworks in proximity to a site of significance or value to mana whenua will now need to be checked off with iwi! (For more information click here)

Apparently the Council consider a rubbish dump worthy of protecting!

If you would like to join our team of volunteers, click here. We're also holding a working group meeting this Saturday for those who are wanting to become more involved in Democracy Action. For more information or to RSVP click here.

Lee Short

Lee Short
Chairman
Democracy Action
www.democracyaction.org.nz

Wednesday, 6 August 2014

Chris Trotter’s questions to Jamie Whyte answered

Chris Trotter is asking rhetorical questions of Jamie Whyte.  But first, Trotter’s set-up:

“Maori are legally privileged in New Zealand today,” Whyte told Act’s annual conference in Hamilton, “just as the Aristocracy were legally privileged in pre-revolutionary France.”  Presumably, in making this bold comparison, our Cambridge graduate had some notion of what those aristocratic privileges included ….  Let’s list just a few of them:

  • The French Aristocracy were exempt from taxation.
  • French aristocrats presided over their own seigneurial courts – i.e. they were able to try their own tenants for any breaches of the law alleged to have taken place on their own estates.
  • Deceased tenant farmers of aristocratic land were prevented, under the law of mainmorte (the “dead hand”) from bequeathing the tenancy rights they enjoyed whilst living to their descendants….
  • Aristocrats also enjoyed a range of monopolies within their domains. For example, requiring tenants to have their grain ground in the aristocrat’s mill.
  • In many parts of France, a tenant wishing to get married had first to acquire his or her lord’s permission.
  • The aristocrat’s prior permission was also required before a tenant farmer could vacate his tenancy – i.e. move away from the lord’s estate.
  • To secure these aristocratic consents it was customary for tenants to pay yet more “fines.”

Do any of these legal privileges bear any resemblance to the supposed legal privileges enjoyed by Maori?
Are Maori exempt from taxation?
Do Maori preside over their own courts?
Are Maori able to prevent the alienation of their tribal resources by imposing restrictions on their tenants’ ability to bequeath, sell or otherwise transfer their interest in tribal property?
Do Maori enjoy monopolies over specific goods and services?
Is prior permission required from Maori before a citizen is able to exercise his or her rights?

So let’s answer the Trotter.

Q: Do any of these legal privileges bear any resemblance to the supposed legal privileges enjoyed by Maori? 
A:  Well, if the standard  is resemblance then, yes. Yes they do.

Q: Are Maori exempt from taxation? 
A: Well, Whyte was talking about mainly about the tribal leaders who glide about the country enjoying legal privileges and taxpayer’s largesse. These tribal elites now control over $37 billion in assets, yet many of them enjoy the delightfully non-taxed status of registered charities.
    Among those many assets too is the $650 million-dollar-a-year fisheries business gifted to them by Doug Graham, and serviced by iwi-controlled foreign vessels attracting no tax revenue.
    And if Hone Harawira’s Internet-Mana were to have their way, Maori-only no-deposit, low-interest home loans would effectively make even low-income Maori net non-taxpayers.

Q: Do Maori preside over their own courts?
A: A glib response would be to say that if the treatment of the Waikato king’s son is an example, they don’t need to. But at the same time, the appointment of unelected and unaccountable Maori representatives to numerous central and local body committees and planning authorities on bogus claims of partnership means that, if these bodies can be called courts in the sense that they make decisions and exercise legal power over people, then they do at least resemble courts. And “resemblance” was the standard we’re using, right?

Q: Are Maori able to prevent the alienation of their tribal resources by imposing restrictions on their tenants’ ability to bequeath, sell or otherwise transfer their interest in tribal property?
A: Well, it’s fair to say that any Maori ‘owning’ Maori land has as few rights of alienation of their land as any medieval serf – which is how their tribal leaders see them. (Which, to be fair, is a real step up from how they used to view them.)
   So the answer again has to be ‘yes.’

Q: Do Maori enjoy monopolies over specific goods and services?
A: Well, greenstone, specific forests and mountains, Sealord’s fisheries, and some aspects of tourism certainly come to mind, don’t they?

Q: Is prior permission required from Maori before a citizen is able to exercise his or her rights?
A: If you want to build or develop in Auckland, under the Unitary plan there is a very good chance you will need to negotiate with tribal leaders to grant you permission. If you want to build or develop in New Zealand at all, under the Resource Management Act there is a fair chance  tribal leaders have been granted a legal veto over your plans. And even if there isn’t an iwi management plan or registered waahi tapu giving the tribal elites legal power over you, there’s still every chance a taniwha might emerge with its hand out.

Conclusion: I have to thank Mr Trotter for asking his questions.   I’m still inclined to think it would have been more accurate to compare the Browntable elites to the British House of Lords, but Trotter’s questions have made me begin to reconsider …

Monday, 3 March 2014

It’s time to put a stake through the heart of the RMA–and time a politician finally said that [updated]

“When the productive have to ask permission
from the unproductive in order to produce, then
you may know that your culture is doomed.”

- Ayn Rand

It’s taken twenty years for a mainstream politician to finally say this:

ACT wants to repeal the Resource Management Act, new leader Jamie Whyte told the party's annual conference in Auckland.
    Mr Whyte said if  part of the next government, ACT would try to scrap the 826-page law, which he says infringes on New Zealander's ability to use their property…
    "People have tried to fix it, fix it, fix it - but it is inherently an ill-conceived piece of legislation."
    The only justification for law of its kind would be to address a serious market failure and if there was no remedy through the common law, he said.
    Details of what regime would replace the RMA were sketchy.
    There needed to be environmental protections in the law, but they shouldn't violate property rights, Mr Whyte  said…

It’s not just details of the regime to replace the RMA that are sketchy – so too are details of Jamie Whyte’s speech delivered Saturday. (Old ACT would have had the speech up on their party website even before it was delivered; not so New ACT, who have still not got speeches posted at the time of writing [and have at the time of this update posted the wrong speeches.]

But on radio this morning, Whyte was outlining his view that the replacement for the twenty years of failed RMA law – law that has delivered property rights abuse, greater local government control of land and sky-rocketing land and housing prices – should be the several hundred years of common law laws of nuisance.

Glory be! A politician finally acknowledging that!

So if you’ll excuse me quote myself from the Free Radical of 2004:

Monday, 28 March 2011

“Planning” to stop Aucklanders plan

Kip's Law:  "Every advocate of central planning
always —
always — envisions himself as the central planner.”

“The monument to Soviet central planning was . . . a heap of surplus
left boots without any right ones to match them.”
~The Economist

“[Today’s argument is about how to pay for the Auckland mayor’s rail dreams fantasies.] There is
of course no good way to pay for something you do not need.”
- Owen McShane

big_government_i_heart_cp_protest_poster-p228652185006148257tdcp_400 There is nothing more odious than the sight of a group of politicians with no real skills between them running up the flagpole their “plans” for a region’s (or a country’s) economic future.  The spectacle of Len Brown and his equally inept councillors issuing a “Thirty Year Plan” for Greater Auckland——and an equally motley lot attempting to predict how Christchurch will develop now its east and centre have been devastated—a band of people unable between them to even manage their credit cards telling several million other people how and where they must live and work—would be amusing if not so damaging.

A myth exists that politicians “run the country.” That without them no planning would exist. Nothing could be further from the truth. The only planning that truly does exist is not the shambolic dictation of politically-diven reef fish suffering from power-lust, but the economic planning undertaken every day by all those millions of people who aren’t politicians.

_Quote The overwhelming majority of people [notes George Reisman] have not realised that all the thinking and planning about their economic activities that they perform in their capacity as individuals actually is economic planning.  By the same token, the term “planning” has been reserved for the feeble efforts of a comparative handful of government officials who, having prohibited the planning of everyone else, presume to substitute their knowledge and intelligence for the knowledge and intelligence of [hundreds of thousands], and to call that planning.

2359443We don’t have to look at Soviet Five Year Plans to know the failure of central planning.  The feeble ability of politicians to successfully “plan” anything beyond their own TV appearances can be seen in the Auckland roading network itself, which was “planned” by the panjandrums back in the 1960s (back when a fifth-hand Morris Minor was a sought-after family car), and is only now being partially completed fifty years later.  (An “achievement” underscored by Andrew Galambos’s pithy observation that traffic jams are an example of the collision of capitalism and socialism: capitalism can produce cars faster than socialism can produce roads.)

And the paucity of “vision” exhibited by political entities can be seen in their plan to create a new government department with the power to “plan” the recovery of  Christchurch—a recovery whose possibility is daily prohibited by the very entities who will head up the department. And it can be seen in that the statements made last week by the “chair” of the Christchurch Planning Committee Sue Wells (poor woman thinks she’s a piece of furniture) that the “Spatial Plan” previously drawn up by her Committee of Super-Importance will need only “minor tinkering” now the city they purport to “plan” has been devastated by two of the biggest earthquakes in modern history.

6cNK2YiQI0EmqQgUNtoCCd Perhaps she and her colleagues could look at the history of West Berlin, and how (after the devastation and dislocation of the war had ripped out both its heart and its other half) the heart of the newly-divided western part of the city quietly relocated away from the Wall that had cut right through its former centre to a newer, less damaged centre around the Kurfürstendamm that was both more logical and more economically viable in the changed post-war environment than its former heart around Potsdamer Platz.  (A move to ponder in considering the resurrection and probable relocation of Christchurch’s heart.)

Or perhaps they could just get the hell out of the way so people can plan their own futures with all  the planning and economic coordination made possible by the price system and voluntary cooperation rather than by grandstanding and political prohibition.

This is what it really would mean to “unleash Auckland.”  The debate in Auckland at present however is the manner in which Auckland’s elected and unelected diktatoriat wishes to put a leash around Aucklanders’ necks.

In this guest post below, Owen McShane comments on the new “Spatial Plan Discussion Document” issued by Auckland’s would-be central planners last week, saying the battle lines are being drawn “between retro vision and current realities.”


_MCSHANE3 Retro Visions vs Current Realities: The Chips are Down
by Owen McShane

Auckland’s Spatial Plan – Council's Discussion Document.
   
1. Evidence or Visions?
   
The battle lines are being drawn.
    The Government legislation that created the Auckland Council included a requirement for an “evidence-based” Spatial Plan as a general planning framework for the region to be governed by the new Auckland Council. Government has recently presented a set of position papers establishing its preferences for an approach based on rigorous analysis of existing patterns and trends rather than utopian and coercive visions. The position papers flag the reasonable position that Government will not ask the taxpayers to fund major projects focused on the Auckland CBD unless they are supported by rigorous analysis, including costs and benefits.
     The Council has today published its own discussion documents – Auckland Unleashed – and it seems New Zealand may be entertained or mortified by a long battle between two opposing attitudes towards developing an appropriate “spatial plan.”
     The Government has the whip hand insofar as the Council hopes the taxpayers will fund many of the visionaries’ bills. Those who are asked to pay the piper can reasonably expect to call the tune.
    On the other hand, over the past few decades, the ARC and its Smart Growth friends have had the advantage of enthusiastic support from the news media, and a host of commentators and influence brokers, who have backed these Smart Growth utopian visions with unalloyed enthusiasm. Our local regional governments and advisors have been slavishly following the patterns already established in a multitude of cities and regions in the New World.
     However, over the last few years these Dense Thinking coercive policies have delivered their inevitable downside and the costs have come home to roost.
     The recent collapse in the property and finance markets has certainly generated some second thoughts within the New Zealand Herald. Recent editorials, and columns by informed commentators such as Fran O'Sullivan, are raising questions, and challenging assumptions that should have been asked and challenged in the past.
    The Herald has even recognised that people's responses to surveys often indicate what those surveyed believe other people should do, rather than reflecting their own real-world choices or preferences. Much of the public support for public transport reflects a desire for other people to ride on trains to free up the roads for their own convenience. [Ninety-five percent of people surveyed think other people should use public transport. – Ed.]
    So before the “discussion” gets underway we should all insist that the policy makers and planners open their conversations with questions asking “How and where do you want to live?” rather than “How and where do you want everyone else to live?”
    The Council's discussion document is here:

http://www.aucklandcouncil.govt.nz/EN/AboutCouncil/PlansPoliciesPublications/theaucklandplan/discussiondocument/Pages/home.asp

    2. The Herald Challenges Past Planning Dogma.
   
A good starting point for the Herald's reporting is here:

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10714546

    And useful links, including Fran O’Sullivan’s “Brown Needs to Up the Ante”, are here:

http://www.nzherald.co.nz/super-city/news/article.cfm?c_id=1501110&objectid=10714533

    However, Brian Rudman continues to hold the traditional retro-rail fort. His position is a simple one – which explains much of its appeal. His answer to every urban problem is a train.
    Professor Jonathan Richmond, author of the seminal work “The Mythical Conception of Rail in Los Angeles” somewhat wistfully observes that males do seem to be fascinated by the sexual metaphors associated with rail including the prospect of long shiny tubes plunging into deep dark tunnels.” When did you last hear a woman champion the benefits of riding on the trains?
    See the pages (13 – 16) titled Technological Sex Symbols on Steel Rails, for Richmond’s entertaining but perceptive commentary.
     Anyhow, the shift in the Herald’s thinking is a political game-changer. Maybe the editors of the motoring pages have suggested that Aucklanders are not addicted to their cars – they actually chose to use them because they provide so many benefits. Women in particular appreciate having their own grope-free zone.

    3. Auckland “Unleashed” or Auckland “Constrained”?
   
Paragraph 374 of People and Place indicates the Discussion Documents’ overall bias in favour of a compact dense city where land use is constrained by Metropolitan Urban Limits.
    While the options are mentioned the document keeps returning to this current model as the preferred option. It reads:

_Quote_Idiot 374. The existing option is for a quality compact Auckland where growth of people and jobs is directed into our town centres along our main roading arterials, and is confined within a metropolitan urban limit where the urban area accounts for about 12% of all of the land across Auckland. The limit to growth within Auckland was based on accommodating 20 years of growth, noting that growth would need to include higher densities around the centres and more intensive patterns of development along growth corridors.

There is little discussion of who does this directing of people and jobs and where they derive their moral authority to do so. Anyhow, there is little in any of these documents to suggest that Auckland is to be “unleashed” – indeed the general tenor of the promotion plans for everything suggests that Aucklanders will remain severely constrained and must learn to do as they are told.

    4. The Unfortunate History of Metropolitan Urban Limits.
   
Metropolitan Urban Limits, of one kind or another, have a long history.
    A villa was originally a Roman country house built for the aristocracy who made sure their country estates were not surrounded by plebeians by containing them within the city walls. Many plebeians lived in tenements called insulae. Some were above or behind their shops. The Romans were early adopters of mixed use and MULs.
    More recently, the urban Jews of Europe were contained in ghettos with clearly defined limits to keep them in their place. Around 1800, the Russians engaged in the first modern exercise in social engineering, treating the Jews as earth or concrete to be shoveled around. They confined the Jews behind the limits of the Pale of Settlement. Those who emigrated were “Beyond the Pale.”
    More recently again, the US cities confined their black populations to the “red line” districts which were an informal system of urban limits which set the territories where properties could be sold to blacks and where they could not.
    Kathryn Stockett, author of The Help, reminds us (or should remind us) of another consequence of urban limits when she describes a black neighbourhood in Jackson, Mississippi, in 1962:

_QuoteSo Jackson’s just one white neighbourhood after the next and more springing up down the road. But the colored part a town, we one big anthill, surrounded by state land that ain’t for sale. As our numbers get bigger, we can’t spread out. Our part a town just gets thicker.”

    And rents get higher. The American black families were only able to join the middle class when they were unleashed from these constraints and able to move into the suburbs and buy their own homes and secure family assets that could finance their children through college.
    Metropolitan Limits, whether stone walls, informal understandings, legal zoning rules, or some variation of the Pale have always been used to keep the poor and unseemly in their place.  As I said to a committee of Rodney District Council some years back:

_Quote These MULs work at one level. You don’t see many Maori families in Rodney District do you?”

 

    5. Put Bad Data in – and Bad Plans Come Out.
   
The Herald story is accompanied by claims that “by 2050, 2.6 million people will live in Auckland”. This meaningless statistic is used by Auckland central planners to justify massive spending on rail tunnels etc, all serving Auckland’s central core.
    Actually, four future populations for “Auckland” have been “mentioned in dispatches” – 500,000 more, 700,000 more, and 1,400,00 million more (double), and the total of 2.6 million listed above. (Critics should always ask “What and where is Auckland?”)
    These population projections for the Auckland region, or wherever, make no attempt to identify where in “Auckland” the growth will actually occur.
    It may be true that Auckland’s population will grow by some large number over the next 30 years but where, within Auckland, will this growth actually take place?
    The international evidence is that Auckland’s urban core will lose population and jobs and yet that is where the central planners seem determined to spend most money on infrastructure. (See my previous Digest for the evidence.)
    Clearly the Auckland planners want to stop people living and working where they want to and force them to live where they will supposedly use public transport rather than their evil cars.

    6. The suburbs will grow and the central core will shrink.
   
Wendell Cox's  analysis of all the US and Canadian cities of more than 1 million people strongly indicates that the urban core will lose population and jobs to the suburbs and beyond.
    Phil McDermott's work suggests this is already underway in Auckland. Go to Cities Matter at:

http://cities-matter.blogspot.com/2011/03/new-zealands-changing-settlement.html

    We are in for a fight between the central planners and the believers in spontaneous order. The Herald editorials of the last two days, and the columns by Fran O'Sullivan, support the argument that the market and people’s preferences will prevail. The costs of trying to stop this natural churning (The central planning penalties) will be high.

    7. New York Suburbs grow twice as fast as the Core.

    Wendell Cox reports on New Geography (25th March) that the growth of New York population reflects the general trends of cities in the US and Australia. (Note: the census period is ten years and the 2.1% core growth occurred over ten years and is not per annum growth.) This is hardly a triumph of agglomeration and densification. Wendell Cox writes:

_Quote  Just released census counts for 2010 show the New York metropolitan area historical  core municipality, the city of New York, to have gained in population from 8,009,000 in 2000 to 8,175,000 in 2010, an increase of 2.1 percent. This is the highest census count ever achieved by the city of New York.”

    Nonetheless, the figure was 245,000 below the expected level of 8,420,000 (based upon 2010 Census Bureau estimates). The higher population estimate had been the result of challenges by the city to Census Bureau intercensal estimates. The city of New York attracted 29 percent of the metropolitan area growth. Approximately 43 percent of the metropolitan area’s population lives in the city.
    Overall, the New York metropolitan area grew from 18,323,000 to 18,890,000, an increase of 3.1 percent. The suburbs grew approximately twice as rapidly as the city of New York, at 4.0 percent, and attracted 71 percent of the metropolitan area growth.

    8. Auckland's Place in the Economy.
   
Para 48 of “The Big Picture” says:

_Quote_IdiotNationally, Auckland contributes around 35% of New Zealand’s GDP annually, and is one of a handful of world cities that generates more than 30% of its nation’s GDP. Auckland’s share of the national population (33.4%) and its population growth rate (1.6% per annum), are both relatively high in international terms. The goal now is to use our strengths to improve our economic performance and contribution to the national economy.

    This ratio is not so unusual if we look at the Federal States of the USA, and even of Australia – which would seem to be a more reasonable comparison. After all, if New Zealand became a State of Australia, would Auckland generate 30% of Australia’s GDP?
    Phil McDermott’s take on this is that “the policy-makers lean too heavily on the notion that scale begets growth (agglomeration economies) when the reality is that Auckland has been underperforming the rest of the country (and our trans-Tasman neighbours).”

    9. Paragraphs 43 and 44 of “The Big Picture” trot out the standard myths
    which supposedly drive “urban intensification”:

_Quote_Idiot44. The third megatrend is urgency to fix the environmental problems of the modern world. In today’s world, being green is a minimum standard. Global warming, pollution, peak oil, loss of biodiversity and water scarcity are driving public concerns for action by central government, local government and the corporate world.

    Curiously, all these issues encourage decentralization rather than intensification – unless of course you base your conclusions on dogma rather than evidence.

_Quote_Idiot44. The Auckland Plan proposes playing a leading role in promoting a low carbon footprint for Auckland. We need to lead by example in energy efficiency, in the promotion of walking, cycling and public transport, and in landfill and waste management. The discussion document sets out some proposals for Auckland to harness the global trends in these areas.

    The Australian Research summarized in Consuming Australia concludes that inner city dwellers have larger carbon footprints than those living at low density on the periphery.
    Maybe the authors of the discussion documents should focus more on learning from the research on these global trends rather than on “harnessing them” – whatever that means. Could it be “constraining them”?

    10. Conclusion.
   
These are no more than a few initial thoughts from a brief scan of one or two chapters of the “Discussion Documents”, and of “The Big Picture” in particular.
    But Council’s visions do not bode well for the economic growth and development of most of Auckland. The Council decision-makers seem determined to carry on with more “Smart Growth.”
    Rod Oram claimed on television that all the international research shows that cities that “ooze” into the greenfields are less creative etc and more expensive etc than dense cities with high quality public transport.
    Actually the international research shows quite the opposite. But it seems that Oram cannot distinguish between academic research and central planning dogma.
    Anyhow, we now have a document to get our teeth into, and it is encouraging to have Central Government, and the Herald, increasingly on our side.
    It’s time for those with concerns for the future of Auckland to challenge these vision-based false claims, one by one.
    We have access to the resources and skills, both local and international, to do the job.
    Christchurch appears to be seizing the opportunity to become a modern multi-nodal connected city, and end up as the dominant urban economy of New Zealand. The people may have loved their Heritage Buildings. But Auckland seems determined to create a heritage economy.