4. Feasibility

Can the proposed papakāinga be developed on this whenua, and can the whānau afford to do it?

What the whānau needs to know

• Whānau readiness: is there a clear mandate, agreement and capacity to proceed?
• Land and legal feasibility: can the proposed use and title arrangements be achieved?
• Planning feasibility: is the NES-P permitted pathway likely to apply, or will resource consent be needed?
• Financial and infrastructure feasibility: can the project afford homes, site works, connections and ongoing costs?

Planning decision

Permitted or consent required?

Other restricted-discretionary routes and conditions may apply, including Regulation 10 for certain sites adjacent to specified activities. Check the regulations rather than relying on this summary to determine activity status.

Relevant NES-P rules and HDC rules

Decisions and options

• Proceed with the current proposal if the land, planning pathway, services and budget appear workable.
• Redesign: reduce or rearrange the number of homes, adjust building locations, or change the scale of supporting activities.
• Stage the project: start with a manageable first stage, provided that access and servicing can support the staged approach.
• Pause or seek funding first: if major costs remain unknown or the whānau does not yet have the necessary mandate.

Financial planning checklist

Build a preliminary budget covering:

• Title, legal and Māori Land Court processes.
• Surveying, planning advice, engineering and other technical reports.
• Resource consent fees, if applicable.
• Water, wastewater, stormwater, power and access.
• Site preparation, construction, professional fees and contingency.
• Ongoing maintenance, shared infrastructure and project management.

Relevant NES-P rules and HDC rules

Barriers, time and money

Barriers

• Unaffordable infrastructure, limited access to finance, significant hazards or unsuitable land conditions. These may not be resolved by changing the planning pathway.

Time and money

• The feasibility costs vary substantially by site. Obtain estimates for high-cost items before committing to full design. A planner, engineer, quantity surveyor or financial adviser may help test whether the proposal is viable.

Move on when

The whānau understands the likely planning route, major constraints, probable costs and whether to proceed, revise or stage the project.

5. Site plan

Where could the homes and shared spaces go without creating avoidable problems?

What the whānau needs to know

• Cultural values and relationships with the whenua should inform the layout.
• Building locations need to be tested against access, servicing, hazards and applicable planning standards.
• The site layout can affect both the activity status and the total development cost.

Decisions and options

• Walk the whenua and identify important cultural, environmental and practical features.
• Develop an initial site layout showing homes, shared spaces, access, boundaries and possible infrastructure routes.
• Consider whether a clustered layout or a staged layout better fits the whenua and the whānau’s goals.
• Prepare a preliminary title-layout concept if partitioning or another formal land arrangement may be required.

NES-P checks to put on the plan

• Building coverage: the applicable Regulation 14 limit.
• Setbacks: the applicable Regulation 14 distances or Māori purpose zone plan requirements.
• Water supply, wastewater and stormwater: confirm applicable district and regional requirements.
• Natural hazards, earthworks, access and infrastructure: check site-specific rules and technical requirements.

If the layout does not meet the relevant permitted standards, check whether Regulation 6 applies and what a restricted-discretionary consent would involve. Do not assume redesign is always cheaper; compare the cost of changing the layout with the likely cost and uncertainty of seeking consent.

Relevant NES-P rules and HDC rules

Barriers and who can help

Barriers

• A site may have less usable land than expected due to setbacks, hazards, access, or infrastructure.
• Poorly located homes can increase service connection costs or require more earthworks.
• Cultural assessment, surveys and engineering advice may be necessary before the layout can be relied on.

Who can help

• Whānau knowledge holders, cultural advisers, surveyors, architects, planners and civil or geotechnical engineers.

Move on when

There is a feasible preliminary layout and a clear list of investigations needed before final design.

6. Legal

What formal decisions, land arrangements and approvals must be in place before the project can proceed?

What the whānau needs to know

• Planning permission, Māori land processes and building approval are separate matters. A permitted activity under the NES-P does not resolve ownership, title, or building consent requirements.

Relevant NES-P rules and HDC rules

Decisions and options

• Confirm the required whānau mandate and governance decisions.
• Ask the Māori Land Court or a land-law specialist whether a court application or formal title arrangement is required.
• Confirm the NES-P activity status with HDC and whether resource consent is necessary.
• Determine whether regional plan approvals or other permissions are required.
• Prepare and submit the relevant applications with the required technical information.

Relevant NES-P rules and HDC rules

Resource consent pathways

• Permitted activity: no resource consent is required under the NES-P pathway if all applicable conditions are met.
• Restricted discretionary: consent is required where the relevant regulation specifies this pathway; the council considers the matters within its restricted discretion.
• Discretionary: a development of over 30 units falls under Regulation 11, with a broader consent assessment than the restricted-discretionary routes.

Relevant NES-P rules and HDC rules

Barriers and who can help

Barriers

• Māori Land Court processes and whānau decision-making can take time, particularly where ownership or agreement is complex.
• Resource consent can add application, technical report, and professional costs.
• A consent pathway does not guarantee approval.
• A permitted activity can still be difficult to deliver if infrastructure or building requirements cannot be met.

Who can help

• Māori Land Court, HDC duty planner, regional council, land-law adviser and relevant technical professionals.

Move on when

The necessary mandate and land arrangements are resolved or clearly progressing, and the required planning and other approval pathways are confirmed.

Move on to phase 3