Firstly to add weight to my previous story regarding the failure to publish meeting minutes for six months, upon reading information regarding the environment court hearing I immediately contacted Mike Newman. I asked Mike for the date of the hearing. Thankfully Mike had not left for the hearing and he supplied the information.
As members and readers of my web site know I am not shy putting my money, a small
donation towards Mike's expenses and two cents worth forward to ensure my voice is heard. So it was off to Tauranga this morning for a very long day sitting in a court room in a collar and tie. Getting a shirt to button up around my no neck is not something I can say I like much.
Anyway the first part of the hearing went pretty well from my uneducated point of view. It was clear the judge had issues with some of the evidence provided by one council planning officer. The hearing went until around five thirty so the hearing is to continue tomorrow.
I will update this article after tomorrows hearing is completed and of course I will have much more to say about district councils and the steps ZL radio amateurs need to take to ensure all have a level playing field going forward.
Update 15th May: I am pleased to report that there has been a favorable outcome to the appeal to the environment court. Basically, once everything is finalized, radio amateurs covered by the Tauranga District Plan will be allowed one tower up to 20 meters as a permitted activity. The District Council now has 20 days to draft new rules and the plaintiff another 20 days to respond in agreement or state any points that may still be outstanding. There are many aspects to the ruling. My understanding is that an antenna of up to 13 meters by 14 meters is allowed on the tower or pole. There is also previsions for up to 6 supports up to 9 meters for something like a loop antenna.
I can not praise Mike Newman enough for an outstanding effort to bring this chapter to a favorable outcome. Also Brian Heywood for his role. Brian still has a little work to do to complete the process however there is no denying this ruling will reverberate throughout the amateur community. Outstanding effort gentlemen and I am sure all ZL Ham members will join me with a hearty thank you.
Continuing on with the District Plan theme, I called in at my council offices on my way home. I had a good talk with a council officer about the Hauraki District Plan. Although we are allowed a pole of 100mm up to 20 meters, lattice towers are confined to 11 meter in my rural residential location. I did not establish the height in town however it is either the same as rural or less, perhaps in the range 7 to 9 meters. Unfortunately I have been rather lax and am now kicking myself as the next review is in ten years however I am advises that the next update will be in two years. In that time I aim to ensure that my council conforms to the victories Mike and others have achieved in setting the standard.
I intend to devote a few pages on this web site to the subject. I am more than happy to help co-ordinate efforts. My goal is to achieve a standard that either conforms to or exceeds the standard due to be set by the new ruling. It is my understanding that three rulings have now been made. North Shore where they have a 15 meter limit and Wellington which has a limit close to the new precedent set by Tauranga at 20 meters. Personally I am happy with the middle ground that has been achieved by Mike's team on behalf of all. A range in the region of 15 to 20 meters is a good starting point. I think North Shore should be the exceptional case however 20 meters or better is the starting point that all should aim for in relation to the many other councils yet to be dealt with or not even on the radar. As Radio Amateur's we should be aiming higher. The ultimate goal being a set of standards created at the direction of central government to be adopted by local government. With ten year revision lives some may never see unfavorable rules removed or replaced given due consideration to age demographics.
20 m = 65.6167 '
Update 18th May: I have been told the hand book for local bodies states that there is no
such thing as a precedent with regard to environment court rulings as
each district has different requirements or needs. I do not accept this
at all. I am pretty sure utility providers operate under a level
playing field. Amateur radio operators have a right to expect the same
level playing field throughout New Zealand.