Tūrangawaewae – Stand on the Land

As in the photo above, have the whanau walk the land, and mark off where everything will go by standing, not by hiring an architect who does drawings on computer back in an office. Know the sunlight, the prevailing winds and the living qualities of the whenua. Mark it on the land first, using chalk for lines, stakes for buildings, then measure and mark on paper. Set out the:

•  Marae ateā
•  Wharenui, wharekai & whare whaihanga
•  General location of the wharepuni
•  Gardens, tool sheds & other utility space
•  Set out the urupa if not already there
•  Place carpark outside the kainga
•  Paved footpaths to connect everything
•  Consider solar farm, rainwater harvest
•  Plan the wastewater processing system

About Mud

This 

Keep the cars out of the kainga, and ensure that all foot traffic and bicycles are on paved footpaths. Paver stones can be made and filled with low-cost aggregate.

Not this

About Commons Buildings

Sometimes the project gets stuck because leaders want to begin with a carved wharenui (whare whakairo) which is expensive and time consuming. In one planning session, the whanau realised they were on a tourist bus route, where one whanau member who worked in tourism suggested building the wharekai first – with a complete commercial kitchen, and contract with the tour operators to offer a native lunch menu at  fixed price of $20 per person. Made sense because the returning families need to earn a living.

In the beginning, however, the kaigna can start by using marquees that can be purchased for about $12,000 and come with aluminium poles and PVC fabric warranted for 15 years.  These provide instant protection from the elements, and again allow for a gradual transition to permanence. 

 

Locate the sites for Wharepuni

Remember, the wharepuni are mobile homes. They do not commit the land. With all land in common title, they can be moved if need be, can be fixed to land and become buildings, or can be removed when permanent housing is constructed on the same site. Set out:

•  Stake location and orientation of each unit
•  Allow room for a permanent house later on
•  Mark the standpipes for each unit 
•  Chalk buried water, wastewater & power
•  Chalk footpaths to each wharepuni
•  Mark decks and other accessories

 Wharepuni

As can be seen above, the traditional kainga had numerous small family homes around the marae ateā. They are small because families are social, thus, more time is spent in the shared space than in the home.

In contemporary NZ, Māori-title land is not financeable by banks, because they cannot foreclose on it. Homes that are fixed to land become part of the land under NZ law, thus, wharepuni fixed to land face the same financing problem. In contrast, a living unit that is not real estate can be financed, although the banks generally are not interested. Instead programs like Lease to Acquire allow people to pay rent for 5-7 years at the end of which they can own it.

The standard mobile home is 3 metres wide, to enable it to be towed on public highways as a Cat-1 oversized unit. For larger families, consider the wet-pod/dry-pod solution:

In this design, a small (2.5×4.8) “wet” unit holds the kitchen and bathroom. Connected by a deck, the “dry” unit provides multiple bedrooms / lounge. The deck can be covered for weather protection with a BBQ and tables. If more bedrooms are needed, these can be on the other side of the wet unit, with another deck in between.

The Role of the Council

Unfortunately, council planners and building consent authorities (BCA) are confused.

Starting with Building Consent, the law is clear what is and what is not a building. If it is not a building, the BCA has no authority. Consents do not apply. The Building Act says

building— (a) means a temporary or permanent movable or immovable structure (including a structure intended for occupation by people, animals, machinery, or chattels); and (b) includes— … (iii)a vehicle or motor vehicle (including a vehicle or motor vehicle as defined in section 2(1) of the Land Transport Act 1998) that is immovable and is occupied by people on a permanent or long-term basis; 

A structure has been defined in property law, common law and NZ legislation as fixed to land. In practical terms, this means attached to a foundation. Section 8 (b)(iii) refers to another Act, the Land Transport Act for its definition where one finds:

motor vehicle— (a) means a vehicle drawn or propelled by mechanical power; and (b) includes a trailer;

Mobile homes are drawn (towed) by mechanical power and they are proper trailers with wheels, brakes, springs, and electrics. Therefore, unless they are made “immovable”, they are not buildings, thus outside the Act.

In 2018, Hurunui District Council issued a Notice to Fix (NTF) to A. Dall asserting his unit was a building. Dall appealed to MBIE that made the defence case for Hurunui and then determined the NTF was valid. Dall took the matter to District Court where the judge both castigated MBIE in strong terms and found that Dall’s unit was not a building, and therefore Hurunui had no authority.

This suggests that provided the mobile home remains mobile, not immovable, the council BCA should not be approached.

In regard to Resource Consents, there seems to be similar confusion. If the district plan governs buildings, but defines them as “structures”, reference should be made to the RMA which defines structure as:

structure means any building, equipment, device, or other facility made by people and which is fixed to land;

Once again, the fundamental meaning of of real estate is found in the law. If the living space in question is not fixed to land, it is not a structure. If the district plan defines building as a structure, then it does not refer to a mobile home that is not fixed to land.

However, while the councils appear to have not considered mobile homes, the intent of this section is not to evade the intent, but enable people and communities to provide for their wellbeing without the extra costs and delays that are a part of council process.

The major issue in a new kainga is wastewater and consent should be secured for a properly engineered system to handle both projected use and future growth. Other matters including kaitiakitanga related to storm water, native species and proximity to neighbours should be considered and a plan developed that has no adverse effects. Then consult with professionals to determine compliance requirements (if any) with the council.