Board of inquiry process could take two years.
The Government really has no confidence in the Auckland Council. Before the council was formed most of its functions were put in the hands of subsidiaries, leaving the elected representatives to do little more than plan - and plan, and plan. Having produced the big 30-year Auckland Plan, the council is now obliged to produce a more detailed 10-year plan to be called the "unitary plan".
All told, it will also do annual plans, area plans, long-term plans, council strategies and oversee local board plans. But the unitary plan will be the Super City's equivalent of the familiar district plans that broadly indicate what can be done or built on land in different places. When complete, it will replace the regional and district plans of the previous councils.
The council wanted it to take effect as soon as it was notified (for submissions) but the Government has decided the public must have a chance to be heard first. It has imposed a hearing panel that will not have council appointees; it will be a board of inquiry chosen by the Ministers of the Environment and Conservation and chaired by a retired judge.
The panel can recommend changes and those the council accepts would come into force. The council can appeal to the Environment Court against recommended changes it does not like. A leading lawyer in resource consents, Paul Cavanagh QC, describes this set-up as a sad day for Auckland. He believes everyone would be better off with the usual right to appeal to the Environment Court rather than face a board of inquiry with rights of cross-examination.