Plan Change 42 – Mangaroa and Pinehaven Flood Hazard Extents

Appeals on Plan Change 42

Expert conferencing is scheduled for April. Following that the court will issue a timetable and hearing date for the appeal.

The period for filing appeals with the Environment Court on the notified decision of Plan Change 42 closed on 24 May 2018. Details of appeals are in the following table.

Court Reference
Appellant S274 parties Appeal
Scope of Appeal Status
ENV-2018-WLG-00039 A D Jefferies Notice of Appeal Entire Plan Change
ENV-2018-WLG-00046 Save our Hills (Upper Hutt) Incorporated

Greater Wellington Regional Council


Upper Hutt Town & Country Association Inc

Notice of Appeal Entire Plan Change

While appeals have been lodged against Plan Change 42, the rules still have legal effect from 11 April 2018 when the Council notified its decision. As such, resource consent would be required for an activity under any relevant rule subject to determining its weighting.

Where appeals are resolved, Consent Orders will be issued by the Environment Court and will be recorded in the table above.

Notified Decision on Plan Change 42

The Council publicly notified the decisions made on Plan Change 42 in the Upper Hutt Leader on the 11 April 2018.  A copy of this public notice is in the table below.

Recommendations from Independent Hearing Commissioner (see below) – 26 February 2018

The Hearing was officially closed on 17 November 2017.

Minute 4 from the commissioner can be found below.

An addendum to Council’s Right of Reply to Minute 3, was issued on 1 November 2017.

Minute 3 of the Commissioner was released on 26 October 2017.

The Independent Commissioners’ recommendations on Proposed Plan Change 42 – Mangaroa and Pinehaven Flood Hazard Extents – have been received. The Commissioners’ report provides recommendations on proposed objectives, policies, rules, and other methods to address flooding in the Mangaroa River and Pinehaven Stream Catchments, and will be considered at an Extraordinary Council meeting on 27 March 2018. Details of this meeting will be publicised in due course and you will be notified accordingly.

Council’s Right of Reply was released on 20 October 2017. 

A hearing for Plan Change 42 was held  27 – 29 September 2017

In accordance with Section 42A of the Resource Management Act 1991, the Upper Hutt City Council makes available the Officer’s Report of Proposed Plan Change 42, prior to its hearing to be held on 27 September 2017.

The report, and all associated documentation is available below. The report seeks to inform the Hearings Commissioner of the Plan Change process thus far, provides an assessment and decision on submissions received, and proposes consequential changes to previously notified provisions.

Any further questions on this or the hearing should be directed to or telephone (04) 527 2169.

Further submissions closed on 8 June 2017 at 5pm

Further submissions can be read by clicking on the links in the table below.

The Resource Management Act 1991 and the Wellington Regional Policy Statement requires that councils addresses the risks associated with natural hazards. Plan Change 42 addresses the risk from flooding within the Mangaroa River and Pinehaven Stream catchments for the 1:100 year flood event.

The current District Plan objectives, policies and rules do not recognise the identified Flood Hazard Extent and associated risk to development for either the Mangaroa River or the Pinehaven Stream. Consequently, further development undertaken in accordance with the existing District Plan provisions within either of these Flood Hazard Extents could unacceptably increase the risk to people and property from flooding.

The plan change identifies a range of risks associated with flood events in both the Pinehaven Stream and Mangaroa River catchments. The proposed provisions seek to avoid development in the high hazard areas and avoid and mitigate the risk from flooding in the lower hazard areas.

Contact details: Email us at or telephone (04) 527 2169.

Links to more information are provided in the Resources and Links section.

Council has received requests by the public for additional information regarding technical information which informed proposed Mangaroa River flood extent. This flood extend was derived from 2015 Mangaroa Hydraulic Modelling Report, which can be found here: Mangaroa River Flood Hazard Assessment

All PDF links on this page open in a new window. Please click the titles to open the documents.

 Stage  Status  Documents
Notification Documents:

Amendments to District Plan Chapters:

Submission Documents:


Further Submissions

 Pre Hearing  

The Hearing for Plan Change 42 was scheduled for 27-29 September 2017

Council Officer’s s42A Hearing Report and associated appendices:

s42A Hearing Report

Pre- Hearing Meeting Notes UHCC PC42 18 September 2017


Submitter statements

Hearing Schedule  27-29 September (Updated)

Expert Evidence

Legal Advice

Hearing statements

Hearing Site Visits

Hearing Attendance record 27-29 September 2017

Commissioner Minute 2

Post Hearing

Council’s Right of Reply 20 October 2017 [PDF 2MB]

Michael Law Supplementary Evidence October 2017

Kyle Christensen Supplementary Evidence October 2017

Commissioner Minute 3 October 2017

Minute 3 – Officer Right of Reply [Addendum] [PDF 126KB]

Minute 4 – To formally signal the close of the hearing [PDF 354KB]

Recommendations from Independent Hearing Commissioner

Plan change 42   – Recommendation of Independent Hearing Commissioner

Appendix 1  – Recommended Decisions – by submitter

Appendix 2  – Section 32AA updated


Plan Change 42 – Public Notice of Decision

Appendix 1 – Extraordinary Council Minutes 27/03/2018

Appendix 2 – Plan Change 42 – Decision

Appendix 3 – Flood Planning Maps

Decision District Plan Chapters:

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Last updated on 28 Mar 2019