appendix 16: relevant objectives & policies · appendix 16: relevant objectives & policies relevant...

Rotoma/Rotoiti WWTP & LDS | NoR & Resource Consent Appendix 16 - Relevant Objectives and Policies

19 September 2016 i

APPENDIX 16: RELEVANT OBJECTIVES & POLICIES

RELEVANT OBJECTIVES AND POLICIES ASSESSMENT

National Policy Statement for Freshwater Management 2014

Water Quality

Objective A1 - To safeguard:

a) the life-supporting capacity, ecosystem processes and indigenous species including their associated

ecosystems, of fresh water; and

b) the health of people and communities, at least as affected by secondary contact with fresh water; in

sustainably managing the use and development of land, and of discharges of contaminants.

Objective A2 - The overall quality of fresh water within a region is maintained or improved while:

a) protecting the significant values of outstanding freshwater bodies;

b) protecting the significant values of wetlands; and

c) improving the quality of fresh water in water bodies that have been degraded by human activities to

the point of being over-allocated.

The proposed WWTP and LDS will result in a high

degree of nutrient removal. The assessment of effects

concluded that the proposal would result in a

substantial net reduction in nutrient loads to the lakes,

and predicted associated improvements in water

quality.

Potential effects can be mitigated through detailed

design and monitoring.

Tangata Whenua Roles and Interests

Objective D1 - To provide for the involvement of iwi and hapu, and to ensure that tangata whenua values

and interests are identified and reflected in the management of fresh water including associated

ecosystems, and decision- making regarding freshwater planning, including on how all other objectives

of this national policy statement are given effect to.

Policy D1 - Local authorities shall take reasonable steps to:

a) involve iwi and hapu in the management of fresh water and freshwater ecosystems in the region;

b) work with iwi and hapu to identify tangata whenua values and interests in fresh water and freshwater

ecosystems in the region; and

c) reflect tangata whenua values and interests in the management of. and decision-making regarding

fresh water and freshwater ecosystems in the region.

The development of the Scheme has been led by the

RRSSC, which included significant representation

from affected iwi. Two CIA have been undertaken for

the proposal.

Engagement with iwi has sought to collaborate and

empower them to address and overcome potential

cultural issues and ensure the proposal reflects tangata

whenua values and interests.


19 September 2016 ii


National Policy Statement on Electricity Transmission 2008

Managing the adverse effects of third parties on the transmission network

Policy 10 - In achieving the purpose of the Act, decision-makers must to the extent reasonably possible

manage activities to avoid reverse sensitivity effects on the electricity transmission network and to

ensure that operation, maintenance, upgrading, and development of the electricity transmission network

is not compromised.

Works for the access road undertaken within the

national grid corridor will be undertaken in

accordance with the relevant standards.

Bay of Plenty Regional Policy Statement

Air Quality

Objective 1 - The adverse effects of odours, chemical emissions and particulates are avoided, remedied or

mitigated so as to protect people and the environment.

Policy AQ 2A - Managing adverse effects from the discharge of odours, chemicals, and particulates

Potential odour sources from the WWTP and LDS will

be isolated and mitigated through detailed design.

Iwi Resource Management

Objective 13 - Kaitiakitanga is recognised and the principles of the Treaty of Waitangi (Te Tirin o

Waitangi) are systematically taken into account in the practice of resource management.

Policy IR 4B - Using consultation in the identification and resolution of resource management issues.

Encourage the timely exchange, consideration of, and response to, relevant information by all parties

with an interest in the resolution of a resource management issue by:

b) Consulting all potentially affected parties and interest groups in the planning, implementation and

review of councils own operational activities in relation to the use, development and protection of

natural and physical resources.

c) Encouraging all parties undertaking resource use, development and protection activities to consult

with others who may be affected.




the proposal.





Objective 15 - Water, land, coastal and geothermal resource management decisions have regard to iwi

and hapu resource management planning documents.

Policy IW 4B - Taking into account iwi and hapu resource management plans.

Relevant Iwi Management Plans have been referred to

in the preparation of the CIA and the AEE, and will be


19 September 2016 iii


Policy IW 6B - Encouraging tangata whenua to identify measures to avoid, remedy or mitigate adverse

cultural effects.

taken into account in the determination of any

resource consent.

Objective 17 - The mauri of water, land, air and geothermal resources is safeguarded sustained or

improved and where it is degraded, where appropriate, it is enhanced over time.

Policy IW 5B - Adverse effects on matters of significance to Mori.

When considering proposals that may adversely affect any matter of significance to Mori recognise and

provide avoiding, remedying or mitigating adverse effects on:

a) The exercise of kaitiakitanga;

b) Mauri, particularly in relation to fresh, geothermal and coastal waters, land and air;

c) Mahinga kai and areas of natural resources used for customary purposes;

d) Places sites and areas with significant spiritual or cultural historic heritage value to tangata whenua;

and

e) Existing and zoned marae or papakainga land.

Policy IW 2B - Recognising matters of significance to Mori

Proposals which may affect the relationship of Mori and their culture and traditions must:

a) Recognise and provide for:

i) Traditional Maori uses and practices relating to natural and physical resources such as mahinga

mataitai, waahi tapu, papakainga and taonga raranga;

ii) The role of tangata whenua as kaitiaki of the mauri of their resources;

iii) The mana whenua relationship of tangata whenua with, and their role as kaitiaki of, the mauri of

natural resources;

iv) Sites of cultural significance identified in iwi and hapu resource management plans; and

b) Recognise that only tangata whenua can identify and evidentially substantiate their relationship and

that of their culture and traditions with their ancestral lands, water, sites, waahi tapu and other

taonga.




the proposal.






19 September 2016 iv


Matters of National Importance

Objective 19 - The preservation of the natural character of the region's... wetlands, lakes and rivers and

their margins.

Objective 20 - The protection of significant indigenous habitats and ecosystems, having particular regard

to their maintenance, restoration and rehabilitation of natural communities and habitats of significant

indigenous flora, fauna and ecosystems, and intrinsic values.

The proposed WWTP is set well back from the lake

margin, and will be screened by planting around the

compound and by the existing forestry.

No significant indigenous habitats and ecosystems are

affected by the proposed WWTP and LDS.

Objective 21 - Recognition of and provision for the relationship of Maori and their culture and traditions

with their ancestral lands, water, sites, waahi tapu, and other taonga.

Policy IW 2B - Recognising matters of significance to Mori...

Policy IW 5B - Adverse effects on matters of significance to Mori...




the proposal.





Natural Hazards

Objective 23 - Communities are not adversely affected by natural hazards and residual risks are managed

to acceptable levels.

Policy NH 2B - Managing natural hazard risk for new development so that natural hazard risk does not

exceed acceptable levels.

A geotechnical and hydrogeological assessment of the

site has confirmed it is suitable for the proposed

WWTP. Localised ground conditions and slope

stability will be addressed through detailed design.

Water Quality and Land Use

Objective 27 - The quality and mauri of water in the region is maintained or, where necessary to meet the

identified values associated with its required use and protection, enhanced.

Objective 28 - Enhance the water quality in the lakes of the Rotorua district and other catchments at risk.






quality.




19 September 2016 v


Water Quality and Land Use

Objective 29 - Land use activities are:

1 within the capability of the land to support the activity;

2 integrated with the wider environmental values of their surroundings; and

3 within the capacity of receiving waters to assimilate any discharge.

Policy WL 7A - Minimising the effects of land and soil disturbance

Achieve regional consistency by controlling land and soil disturbance activities to:

a) Avoid accelerated erosion and soil loss; and

b) Minimise silt and sediment runoff into water, or onto or into land that may enter water, so that

healthy aquatic ecosystems are sustained.





Effects of earthworks can be managed through the

design and implementation of appropriate erosion and

sediment controls. There are no direct discharges to

watercourses or sensitive ecological receptors as a

result of the earthworks.

Bay of Plenty Regional Air Plan

Objective 2 - Avoid, remedy or mitigate the adverse effects of all discharges of contaminants into air on

the environment which includes the effects on: ecosystems, human health and safety, crops and

livestock, amenity values, cultural values, the mauri of natural and physical resources and the global

environment.

Policy 6 - Disposal and storage of waste should be undertaken in a manner that avoids, remedies or

mitigates adverse effects on air quality.

Potential odour sources from the WWTP and LDS will

be isolated and mitigated through detailed design.

Bay of Plenty Regional Water and Land Plan

Kaitiakitanga

Objective 1 - The principles of the Treaty of Waitangi (Te Tiriti o Waitangi) are recognised and taken into

account in the management of water, land and geothermal resources.

Objective 3 - Consultation with tangata whenua that recognises their societal structures, practices,

protocols, and procedures, and status under the Act.




the proposal.




19 September 2016 vi


Objective 4 - The water, land and geothermal concerns of tangata whenua are taken into account and

addressed as part of resource management processes, while recognising that different iwi and hapu may

have different concerns or practices.

Objective 7 - The extent of the spiritual, cultural and historical values of water, land and geothermal

resources (including waahi tapu, taonga and sites of traditional activities) to tangata whenua are

identified.

Policy 9 - To have particular regard to kaitiakitanga, including customary use and management practices

relating to water, land and geothermal resources, including mahinga kai whenua and mahinga kai awa.

waahi tapu and taonga raranga, in accordance with tikanga Maori, and the mana and responsibilities of

Nga Tangata Pukenga, where this is consistent with the Act.

Policy 13 - To advise and encourage resource consent applicants to consult directly with tangata whenua

where it is necessary to identify the relationships of Maori and their culture and traditions with their

ancestral lands, waters, sites, waahi tapu and other taonga, and the actual and potential adverse effects of

proposed activities on that relationship.

Policy 14 - To consult tangata whenua on water, land and geothermal resource management issues

according to the requirements of the Act, tikanga Maori methods of consultation, and in a manner

consistent with case law.

Policy 15 - To consult all appropriate tangata whenua holding mana whenua in circumstances where rohe

(tribal boundaries). or areas of ancestral or historic interest overlap.

Policy 18 - To avoid, remedy or mitigate adverse effects on water. land and geothermal resources or sites

of spiritual, cultural or historical significance to tangata whenua, where these resources and sites have

been identified by tangata whenua.

Policy 19 - To encourage tangata whenua to recommend appropriate measures to avoid, remedy or

mitigate the adverse environmental effects of the use and development of water, land and geothermal

resources.

Policy 20 - To assess effects of proposed development activities on the cultural and historic values and

sites of water, land and geothermal resources in consultation with tangata whenua.



Objective 5 - Water, land and geothermal resource management decisions have regard to iwi resource

management planning documents.

Relevant Iwi Management Plans have been referred to

in the preparation of the CIA and the AEE, and will be


19 September 2016 vii


Policy 17(b) - Have regard to iwi resource management planning documents when considering resource

consent applications. where such documents exist.

taken into account in the determination of any

resource consent.

Objective 6 - Maintain the biological and physical aspects of the mauri of water, land and geothermal

resources; and where practicable achieve the ongoing improvement of the biological and physical aspects

of the mauri where it has been degraded, as it relates to:

a) Water quality meeting the specified water quality classifications.

b) Water flows not breaching the instream minimum flow requirements.

c) The life-supporting capacity of soils are sustained.






quality.



Integrated Management of Land and Water

Objective 11 - The water quality in the Rotorua lakes is maintained or improved to meet the following

Trophic Level Indices:

e) Lake Rotoehu - 3.9

f) Lake Rotoiti - 3.5

h) Lake Rotoma - 2.3

Objective 12 - Reduced occurrence of cyanobacterial algal blooms on the Rotorua Lakes.

Objective 20 - The intactness and health of the region's soils is maintained.






quality.

Potential ongoing effects can be mitigated through

detailed design and monitoring.

Discharges to Water and Land

Objective 26 - Discharges of contaminants to land are managed to:

a) Not exceed the natural treatment capacity of the soil.

b) Avoid. remedy or mitigate the adverse effects of run off to surface water.

c) Prevent the long-term contamination of the soil by hazardous substances, and safeguard the life-

supporting capacity of soil.

(e) Ensure adverse effects on groundwater not otherwise addressed by (d) are avoided, remedied or

mitigated.


degree of nutrient removal, and does not rely on land

treatment (although in practice it will provide some

treatment).

The assessment of effects concluded that the proposal

would result in a substantial net reduction in nutrient

loads to the lakes, and predicted associated


19 September 2016 viii


Policy 43A - When considering any application for a discharge the consent authority must have regard to

the following matters:

a) the extent to which the discharge would avoid contamination that will have an adverse effect on the

life-supporting capacity of fresh water including on any ecosystem associated with fresh water; and

b) the extent to which it is feasible and dependable that any more than minor adverse effect on fresh

water, and on any ecosystem associated with fresh water, resulting from the discharge would be

avoided.

This policy applies to the following discharges (including a diffuse discharge by any person or animal):

a) a new discharge; or

b) a change or increase in any discharge - of any contaminant into fresh water, or onto or into land in

circumstances that may result in that contaminant (or, as a result of any natural process from the

discharge of that contaminant, any other contaminant) entering fresh water.

Policy 44 - To require the appropriate management of discharges of contaminants to land. and to land

where the contaminant may enter water, to ensure that:

a) The rate and volume of the discharge does not exceed the natural treatment and assimilative capacity

of the soil and its vegetative cover.

b) Surface runoff of contaminants to rivers, streams, lakes, wetlands and drains is avoided, remedied or

mitigated.

c) The creation of contaminated sites is prevented.

e) Adverse effects on groundwater not otherwise addressed by (d) are avoided remedied or mitigated.

improvements in water quality. Potential effects can

be mitigated through detailed design and monitoring.

Policy 42 - To recognise and provide for the effects on the mauri of the receiving environment caused by

the discharge of contaminants to water by:

a) Where appropriate, encouraging early and ongoing consultation with tangata whenua during the

consideration of wastewater treatment systems to take into account the cultural values of tangata

whenua acknowledged for that area.

b) Where reasonable and practicable to do so, take steps to promote better use of freshwater by

discouraging disposal of toxic materials via wastewater systems.




the proposal.






19 September 2016 ix


c) Encouraging a shift to land based treatment and disposal systems, where appropriate and

environmentally sustainable and socially, technically and economically feasible. This includes

disposal of sewage by passage through land, soil or wetlands.

d) Avoid, remedy or mitigate adverse effects on water, land and geothermal resources or sites that are of

significance to tangata whenua, where such resources or sites have been identified by tangata

whenua.

e) Avoiding physical degradation of the life- supporting capacity of receiving waters.

Rotorua District Plan

Matters of National and Strategic Importance

Objective 1.3.1 - The enhancement of water quality and management of Rotoruas water bodies and the

lake and riverside environments to improve the environmental, cultural, social and economic well-being

of Rotorua.

Policy 1.3.1.2 - Enable the continued use and development within lake and river side settlements whilst

maintaining amenity values and enhancing water quality of water bodies and their margins.






quality.



Objective 1.3.9 - Minimise or reduce the level of risk to life, property and the environment from the

subdivision, use and development of land in areas subject to a natural hazard.

Policy 1.3.9.1 - Require the design and location of activities to avoid or mitigate natural hazards to an

acceptable level of risk to life, property and the environment.





Section 6 Matters

Objective 2.3.1 - The natural character of the districts lakes, rivers, streams, wetlands and their margins

is protected from inappropriate subdivision, use and development.

Policy 2.3.1.1 - Ensure the design, location and form of subdivision, use and development adjacent to

waterbodies (outside of the Lakes A zone) is appropriate to the level of natural character of the area and






19 September 2016 x


avoids, remedies or mitigates potential adverse effects on the natural character of lakes, rivers and

streams and their margins.

Objective 2.3.2 - Management of riparian margins and waterbodies to protect natural conservation

values, aquatic habitats, and improve water quality.

Policy 2.3.2.1 - Avoid, remedy or mitigate adverse effects of subdivision use and development on riparian

margins and water bodies to maintain or enhance natural character, ecological functions, biodiversity,

water quality, and aquatic habitats.


quality.



Objective 2.3.4 - Outstanding Natural Features and Landscapes that are managed and protected from the

adverse effects, including cumulative effects, of inappropriate subdivision, use, and development.

Policy 2.3.4.1 - Avoid, remedy or mitigate adverse effects, including cumulative effects, of subdivision,

use and development where the following landscape qualities and characteristics of Outstanding Natural

Features and Landscapes may be impacted:

- Natural science factors such as representativeness, diversity, resilience, vulnerability and rarity

- Aesthetic values

- Shared and recognised values such as historical, scientific or educational values

- Expressiveness, transient values and Mori values

Policy 2.3.4.4 - To maintain and enhance the lake catchments as Outstanding Natural Features and

Landscapes each with its unique character.

Lake Rotoiti and its margins are identified as an

Outstanding Natural Features and Landscapes. The

physical works proposed are located outside the

Outstanding Natural Features and Landscapes area,

and therefore do not constitute inappropriate use or

development.

Iwi Cultural and Historic Heritage and Economic Resources

Objective 3.3.1 - Sites of importance to tangata whenua are protected so that their cultural values are

maintained and not adversely affected by new activities.

Policy 3.3.1.1 - Avoid activities that will adversely affect the spiritual and cultural heritage values of sites

of importance to tangata whenua.

Policy 3.3.1.2 - Enable activities on sites of importance to tangata whenua that do not adversely affect the

spiritual or cultural values of the site.

Policy 3.3.1.3 - Encourage consultation with tangata whenua where applications may affect identified and

unidentified sites of spiritual and cultural significance of the land, water, wahi tapu and tonga.




the proposal.






19 September 2016 xi


Policy 3.3.1.4 - Manage effects of subdivision, use and development on those lands, water, wahi tapu,

tonga and other areas of importance to tangata whenua.

Objective 3.3.2 - Resource management decisions that give appropriate weighting to the relationship of

tangata whenua with water, the lakes, rivers, and streams of the district.

Policy 3.3.2.3 - Consider Iwi and Hapu management plans, or memoranda of understanding between Iwi

and the council (available on the Councils website) when making decisions on resource consents and

plan changes.

Rural

Objective 9.3.1 - A reduction in nutrient losses from rural land uses to improve the water quality of lakes,

rivers, streams and wetlands, indigenous biodiversity and ecosystem functions.

Policy 9.3.1.1 - Manage the adverse effects of new rural land use activities within the lake and river

catchments that have the potential to increase nutrient losses into streams, rivers, wetlands and lakes.

Objective 9.3.3 - The character and amenity values of the rural environment are maintained and

enhanced.

Policy 9.3.3.1 - Ensure land use change does not create adverse effects on rural character and amenity

values.

The proposed WWTP and LDS will result in a



quality.

The buildings are not readily visible from the nearby

lakeside settlements due to topography, and will be

further screened by planting at the compound and the

existing forestry. This ensures the rural character and

amenity values are maintained.

Infrastructure

Objective 15.3.1 - Infrastructure that provides for the economic, cultural, social and environmental

wellbeing of the Rotorua district, the region and New Zealand.

Policy 15.3.1.1 - Enable the research, exploration, development, operation, maintenance and upgrading of

infrastructure that avoid, remedy or mitigate adverse effects on the environment.

Policy 15.3.1.2 - Recognise the technical and operational requirements and constraints of infrastructure

when considering the actual and potential adverse effects, including cumulative effects of infrastructure

on the environment.

Policy 15.3.1.7 - Encourage where practical use of the road (and the area adjacent to the rural roads) as a

utility corridor for utilities in preference to other areas.

The proposed WWTP and LDS provides for the

wellbeing of the local communities and the water

quality of the lakes.






quality.

Construction effects can be managed through

appropriate conditions of consent.


19 September 2016 xii


Objective 15.3.2 - Infrastructure that avoids, mitigates or remedies the adverse effects on the character

and amenity of the area.

Policy 15.3.2.3 - Ensure that above ground infrastructure are designed and located in a manner that

avoids, mitigates or remedies the adverse effects on the character of the surrounding environment.

Policy 15.3.2.4 - Enable the development of infrastructure where the potential for reverse sensitivity

effects will be minimised.

Works for the access road undertaken within the

national grid corridor will be undertaken in

accordance with the relevant standards.

Hazardous Substances

Objective 16.3.1 - Rotoruas lakes, rivers and the margins, and other sensitive environments protected

from unacceptable adverse effects and risks from activities involving the use and/or storage, disposal and

transport of hazardous substances.

Policy 16.3.1.2 - Ensure activities involving the use, storage and/or disposal of hazardous substances are

located, designed, constructed and managed in such a way that avoids, remedies or mitigates adverse

effects and unacceptable risks to the environment, including:

- contamination of water, soil and air

- short and long-term damage to ecosystems

- damage through fire and explosion events.

Policy 16.3.1.5 - Avoid locating activities involving the use, storage, disposal and transportation of

hazardous substances where levels of risk are incompatible with those of surrounding land use activities

and identified natural hazards.

Effects associated with the management and

transportation of hazardous substances associated

with the proposed WWTP can be managed through

adherence to the relevant regulations and standards.

appendix 16: relevant objectives & policies · appendix 16: relevant objectives & policies relevant...

Documents