BEFORE THE ENVIRONMENT COURT
Hearing at:
Decision No. [2016] NZEnvC d j
IN THE MATTER of appeals under Clause 14 ofthe First
Schedule to the Resource Management
Act 1991 (the Act)
BETWEEN
AND
KAINGAROA TIMBERLANDS LIMITED
(ENV -20 14-AKL-000226)
HANCOCK FOREST MANAGEMENT (NZ) LIMITED
(ENV-2015-AKL-000003)
BAY OF PLENTY REGIONAL COUNCIL
(ENV-2015-AKL-00000 9)
FEDERATED FARMERS OF NEW ZEALAND
(ENV-2015-AKL-000016)
PETER DAVIES
(ENV-2015-AKL-000017)
Appellants
ROTORUA DISTRICT COUNCIL
Respondent
Maori Land Court, Rotorua
Environment Judge J A Smith
ofDecision: 22 February 2016
C039
2
ORAL DETERMINATION OF THE ENVIRONMENT COURT
A. The appeals are allowed in part in accordance with Annexure A and
Annexure B to this Determination.
B. The appeals are otherwise dismissed.
REASONS
Introduction
[1] These appeals relate to the proposed Rotorua District Plan. This
detetmination (consent order 3 9) resolves these appeals as they relate to the ONFL
and SNA topics.
[2] The following parties gave notice of an intention to become parties to these
appeals and signed the consent memorandum setting out the relief sought:
[a] Bay of Plenty Regional Council
[b] Federated Farmers of New Zealand
[ c] Peter Davies
[d] Waikato Regional Council
[e] Hera Naera
[ f] Henderson Quarries
[g] New Zealand Maori Atis and Crafts Institute
[h] Mighty River Power
C039
3
[i] Gisele Schweizer
Discussion
[3] The Court notes that these appeals are related not only to the questions of
ONFL but also Significant Natural Areas and the controls that might apply,
particularly in the Rural area, in relation to various types of works.
[ 4] Federated Farmers and others supported the position of more liberal
provisions, and the pa1iies had extensive negotiations to attempt to resolve the matter.
Issues relating to clearance of indigenous vegetation for earthworks or re-countouring
were discussed, and altered positions are included within the provisions annexed
hereto marked A and B.
[5] There were a number of Rules and Policies which have been altered. The
end result has been slightly more liberal provisions, but clearly ones that all of the
parties, who were extensive, including the Bay of Plenty and Waikato Regional
Councils, were involved within.
[ 6] Some matters have resolved on a site specific basis, such as Henderson
Quarries. One matter has yet to resolve -that is Te Puia- that is a matter that is
generally reserved. The parties have reached agreement in principle, but it is still the
subject of re-drafting of the provisions necessary. Whether or not this will lead to a
further alteration of the ONFL provisions is at this stage unclear. Nevertheless
Ms Burkhardt, for the interests in Te Puia, wishes to ensure that, in the event that
there is some further change, that can be accommodated within the provisions relating
to ONFLs. That is not opposed by the Council, and it appears to me a sensible way
forward as it would be site specific only to the Te Puia properties. Therefore, subject
to further amendment which may be necessary to accommodate the Te Puia site
specific issues, the Court sees these provisions as generally within the scope of the
appeals filed and within the range of outcomes that pa1iies might reasonably reach in
negotiations.
[7] I am pa1iicularly minded to follow the parties' outcome in this case because
of the widespread and diversified range of interests that were represented in those
Overall the changes are relatively minor, but do provide for some
of the provisions as they were drafted as a result of the hearings process.
C039
4
Determination
A. Accordingly I confirm the provisions as annexed hereto marked A and
B.
B. The appeals are resolved as they relate to the ONFL and SNA topics
and are otherwise dismissed.
C. There is no order for costs.
SIGNED at AUCKLAND this day of February 2016
C039
ANNEXURE A
(Underline (for additions) and strikethrough (for deletions))
Amend the Proposed Rotorua District Plan as follows:
PART 2: SECTION 6 MATTERS
2.2 KEY ENVIRONMENTAL ISSUES
2.2.4
2.3
Policy
2.3·4·2
Significant Indigenous Vegetation (Significant Natural Areas) and Habitat
The district has a wide range of indigenous biodiversity, some of which is
unique to Rotorua. Section 6 of the RMA requires protection of significant
indigenous vegetation and habitat. Areas of significant indigenous
vegetation, habitat and associated ecosystem viability have been reduced
due to clearing of forests, draining of wetlands, clearing of geothermal
areas, and modification of ecosystems
The majority of significant indigenous vegetation and habitats is located on
public land administered by the Department of Conservation. However
there are also areas identified as unprotected significant natural areas
(SNAs) that occur on privately ovmed land, requiring land ovmers to play a
vital role in the maintenance and enhancement ofthese features.
The management of Significant Geothermal Features is addressed
separately (see section 2.2.5) and does not form part of the management
regime (including the various objectives, policies and methods) relating to
s5_ignificant RNatural a[1reas.
OBJECTIVES AND POLICIES
Enable the reasonable use and appropriate development of existing freehold land located within the identified boundaries of Mount Ngongotaha, Rainbow Mountain, HoroHoro Bluffs, Lake Rotoiti, Lake Rotoehu and Lake Rotoma and within the Mamaku Tors Outstanding Natural Features or Landscapes where these:
• Do not result in significant earthworks or indigenous vegetation removal that detract from the associated values and characteristics that deem the site to be outstanding I
• Do not result in physical alteration of a Mamaku Tor ,,II
feature identified on map 215.
__ _ _ ...... ~ .. _ _Qo. rl9t}~s~)_! .• i!:l_.~!~~-l.~-~~O.:'~I ?f_i~~i_g_e~n~us_~!:9~~!i~~~J
TLB-222361-17-3-V1 :bb RDC-592032- C0.39
cover on a Mamaku Tor feature identified on planning map ns- as being vegetated or partially vegetated .
• Continue an existing lawfully established use of land where the effects of such land use and development remain the same or similar in character, intensity and scale and do not detract from the values and characteristics that deem a site to be outstanding
• maintain the operation of lawfully established infrastructure and utilities
• maintain or enhance indigenous biodiversity or values of the Outstanding Natural Feature or Landscape
• are necessary to avoid loss of life, injury or serious damage to property
Significant Indigenous Vegetation (Significant Natural Areas) and Habitats
Policy 2.3-5-~ Avoid, in preference to remedy~ or mitigate mitigating the adverse effects of subdivision, use and development in areas of significant indigenous vegetation or habitat where eAe--er
more of the criteria in Section uA of the proposed Waikato Regional Policy Statement afiEi or Appendix 4E of the Bay of Plenty Regional Policy Statement are triggered by ensuring that:
• The clearance of indigenous vegetation or ground disturbance for any activity does not reduce the ecological sustainability or values and characteristics of the Significant Natural Area; and
• Any loss of indigenous vegetation or habitat that cannot be avoided is remedied or mitigated to achieve no net loss of biodiversity
• The health and functioning of Significant Natural Area is maintained through building and development setbacks where appropriate
• Activities that enhance or restore buffers around s.S.ignificant RNatural a~.reas and ecological connections and corridors between Significant Natural Areas are encouraged
• The introduction of pests or weeds is avoided
• All practical options for locating the activity outside of the s.S.ignificant RNatural a.6.reas have been considered
• The Maori, historical and community association with the Significant Natural Area is maintained.
RULES AND ASSESSMENT CRITERIA
RDC-592032- C0.39
PART
The rules relating to Section 6 matters are located within each part of the plan with the performance standards and assessment criteria located within Appendix g.
3, IWI CULTURAL AND HISTORIC HERITAGE AND ECONOMIC RESOURCES
3.6 PERFORMANCE STANDARDS
3.7
Permitted and controlled activities shall comply with the following
performance standards and also those of the zone that the subject site is
located within. Activities relating to Section 6 matters listed in Appendix 1
and 2 shall comply with the performance standards within Appendix g.
CONTROLLED ASSESSMENT
ACTIVITIES: METHOD OF
Controlled activities are identified in Table 3·5 above and shall comply with
the performance standards in the zone. The Council must grant consent
but may impose conditions in relation to matters over which it has reserved
its control. The matters over which council reserves its control are stated in
this section. For activities relating to section 6 matters listed in Appendix 1
and 2, the matters of control below shall be read in conjunction with the
provisions in Appendix g.
3.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
Activities arey--is- expected to meet the performance standards of the zone,
however in instances where one or more performance standards are not
met, Council will limit its discretion to the extent to which the activity will
avoid, remedy or mitigate the effects of the non-compliance in achieving
the purpose of the relevant performance standard and the objectives and
policies relevant to the matter of discretion.
For activities relating to section 6 matters listed in Appendix 1 and 2, the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
TLB-222361-17-3-V1 :bb RDC-592032- C0.39
Council may grant or decline an application for a discretionary activity and
may impose conditions .
In assessing the proposal, Council can consider all relevant objectives and
policies within the District Plan, all potential environmental effects, and
any matters outlined in the Act without limitation as part of the decision
making. Conditions may be imposed in relation to any of these matters.
Whilst not limiting the exercise of its discretion, Council may also consider
the particular matters below for the activities listed as Discretionary in the
activity table.
For activities relating to section 6 matters listed in Appendix 1 and 2, the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
4.1 KEY ENVIRONMENTAL ISSUES
4.2.1
There are two key issues influencing the policy framework in the residential
zones:
Activities 1n a Residential Zone
A high level of amenity is anticipated in residential areas where an
environment is provided that is primarily residential in character, peaceful
and safe. Traffic generated is generally low and of light vehicles. Non
residential uses have the potential to have an adverse effect on that
amenity by introducing noise, traffic, fumes and odours, or light glare, for
example.
The cumulative effect of new building, whether infill housing, or
ancillary accessory garages and sleep-outs can also alter the
character of residential areas by increasing density and reducing the
proportion of open space available for landscaping. Building within
yards reduces space around buildings and can have an adverse effect
on outlook and privacy. Building within, and enclosure of, the front
yard has an effect on the street scene and is a significant influence
on the character of the area. Examples of such effects can be seen in
the existing residential areas . In some cases the cumulative effect of
several changes from residential to office use has altered the
character of the area, or a cluster of garages in the front yards has
reduced the sense of openness within a streetscape.
RDC-592032- C0.39
Table 4.5 Activities in the Residential 1- 5 Zones ~~- ···-·- ··- -- -·~---
. Rules Zones
RD1 RD2 RD3 · RD4 RD5 1-~--==-==~---~-~~-·~-.-~-=---~-~~~-==o~--~=---=--=~~-~=--·--~=-~~-·~=~~.~·-~~=-~j
'
Significant Natural Areas
Disturbance, removal, / P restoration, re-vegetation or enhancement of indigenous vegetation ef within s.S.ignificant R.!iatural a6reas in accordance with the standards in Appendix g.
74· Disturbance Removal of NC indigenous vegetation Bf
grazing of livestock within a Significant Natural Area other than that provided for under Rule 4-5-6~
~.
Outstanding Natural Features and Landscapes
8o. Replacement, maintenance P and upgrades of existing lawfully established buildings and ancillary
1 accessory buildings located within private freehold lots within Mount Ng6ng6taha and Whakarewarewa Outstanding Natural features and Landscapes in accordance with Appendix
9,.
Boa Maintenance and Q.
replacement of existing lawfully established buildings, or lake structures within an identified Outstanding Natural Feature or Landscape not in accordance with Appendix 9
p
NC
NA
4.6 PERFORMANCE STANDARDS
TLB-222361-17-3-V1 :bb
p p p
NC NC NC
NA NA NA
RDC-592032- C0.39
..-
Permitted and Controlled Activities undertaken Within the Residential
Zones shall comply with all of the following Performance Standards.
Activities relating to Section 6 matters listed in Appendix ~ and 2 shall
comply with the performance standards within Appendix g.
4.7 CONTROLLED ACTIVITIES: METHODS OF ASSESSMENT
Controlled activities are identified in Table 4·5 above and shall comply with
the performance standards in the zone. The Council must grant consent
but may impose conditions in relation to matters over which it has reserved
its control. The matters over which council reserves its control are stated in
this section.
For activities relating to section 6 matters listed in Appendix ~ and 2. the
matters of control below shall be read in conjunction with the provisions in
Appendix g.
4.8 RESTRICTED DISCRETIONARY ACTIVITIES:
4.9
METHOD OF ASSESSMENT I
Activities arey-is expected to meet the performance standards of the zone,
however in instances where one or more performance standards are not
met, Council will limit its discretion to the extent to which the activity will
avoid, remedy or mitigate the effects of the non-compliance in achieving
the purpose of the relevant performance standard and the objectives and
policies relevant to the matter of discretion .
For activities relating to section 6 matters listed in Appendix ~and 2. the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT Council may grant or decline an application for a discretionary activity and
may impose conditions.
In assessing the proposal, Council can consider all relevant objectives and
policies within the district plan, all potential environmental effects, and any
matters outlined in the Act without limitation as part of the decision
making. Conditions may be imposed in relation to any of these matters.
Whilst not limiting the exercise of its discretion, Council may also consider
the particular matters below for the activities listed as Discretionary in the
activity table.
TLB-222361-17-3-V1 :bb RDC-592032 - C0.39
For activities relating to section 6 matters listed in Appendix 1 and 2. the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
PART 5: CITY CENTRE
Table 5.5.2: Activities in the City Centre 3 Zone
Zone
Special Land Features
8. Disturbance, removal, restoration, re-vegetation, P and enhancement of indigenous vegetation ef within 5.S.ignificant Rb!_atural aAreas in accordance with the standards in Appendixg
14. Disturbance Removal of indigenous vegetation within the boundaries of a 5.S.ignificant Rb!_atural aAreas other than that provided for under Rule 5-5-2.8 and 10.
5.6 PERFORMANCE STANDARDS
Activities relating to Section 6 matters listed in Appendix 1 and 2 shall comply
with the performance standards within Appendix g.
5.7 CONTROLLED ACTIVITIES: METHOD OF ASSESSMENT
Controlled activities are identified in Tables 5.5.1 and 5.5.2 above and shall
comply with the performance standards for the zone. The council must grant
consent but may impose conditions in relation to matters over which it has
reserved its control. The matters over which council reserves its control are
stated in this section. For activities relating to section 6 matters listed in
Appendix 1 and 2, the matters of control below shall be read in conjunction with
the provisions in Appendix g.
TLB-222361-17 -3-V1 :bb RDC-592032- C0.39
5.8 RESTRICTED DISCRETIONARY ACTIVITIES:
METHOD OF ASSESSMENT
Activities arey--is e xpected to meet the performance standards for t~e zone,
however in instances where one or more performance standards are not met,
council will limit its discretion to the extent to which the activity will avoid,
remedy or mitigate the effects ofthe non-compliance on achieving the purpose
of the relevant performance standard and the objectives and policies relevant to
the matters of discretion.
For activities relating to section 6 matters listed in Appendix 1 and 2. the
assessment criteria below shall be read in conjunction with the provisions in
Appendix g.
5.9 DISCRETIONARY ACTIVITIES: METHOD OF
ASSESSMENT
Council may grant or decline an application for a discretionary activity and may
impose conditions.
In assessing the proposal, council can consider all relevant objectives and
policies within the district plan, all potential environmental effects, and any
matters outlined in the Act without limitation as part of the decision making.
Conditions may be imposed in relation to any of these matters.
Whilst not limiting the exercise of its discretion, Council may also consider the
particular matters below for the activities listed as discretionary in the activity
tables .
For activities relating to section 6 matters listed in Appendix 1 and 2. the
assessment criteria below shall be read in conjunction with the provisions in
Appendix g.
TLB-222361-17-3-V1 :bb RDC-592032- C0.39
PART 6 COMMERCIAL
Rules i
Zones
i Community Facilities 1
--' <-=-==--=--~--=,1
p NC I I I
NCI NC Edu~atio~;~a:tiviti :T ... ~C ancillary accessory to onsite tourism I
I 37
NC
activities L_ ==~~=====~-
l__j
6.6 PERFORMANCE STANDARDS
6.7
Permitted and Controlled Activities undertaken within the Commercial
zones shall comply with all of the following performance standards.
Activities relating to Section 6 matters listed in Appendix ~ and 2 shall
comply with the performance standards within Appendix g.
CONTROLLED ASSESSMENT
ACTIVITIES: METHOD OF
Controlled activities are identified in Table 6.5 above and shall comply with
the performance standards in the zone. The Council must grant consent
but may impose conditions in relation to matters over which it has reserved
its control. The matters over which council reserves its control are stated in
this section. For activities relating to section 6 matters listed in Appendix~
and 2, the matters of control below shall be read in conjunction with the
provisions in Appendix g.
6.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
Activities are expected to meet the performance standards for the zone,
however in instances where one or more performance standards are not
met, Council will limit its discretion to the extent to which the activity will
avoid, remedy or mitigate the effects of the non-compliance on achieving
the purpose of the relevant performance standard and the objectives and
policies relevant to the matters of discretion:
For activities relating to section 6 matters listed in Appendix ~and 2, the
assessment criteria below shall be read in conjunction with the provisions
in Appendix 9·
TLB-222361-17 -3-V1 :bb RDC-592032- C0.39
6.8.2 Assessment Criteria for Specific Activities
5· Educational Facilities Ancillary Accessory to Onsite Tourism
Activities Service Stations, Drive Through Restaurants
6.9 DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
Council may grant or decline an application for a discretionary activity and
may impose conditions.
In assessing the proposal, Council can consider all relevant objectives and
policies within the district plan, all potential environmental effects, and any
matters outlined in the Act without limitation as part of the decision
making. Conditions may be imposed in relation to any of these matters.
Whilst not limiting the exercise of its discretion, Council may also consider the particular matters below for the activities listed as Discretionary in the activity table.
For activities relating to section 6 matters listed in Appendix 1. and 2, the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
PART 7 INDUSTRIAL
r · 1
I Rules Zones I
. . --. --. 101 , IE i ID;---11
I : ,-~----"---- ~-~-~----.--.~---. ---- -------.-. ----~------·-----· - -1' 1 Significant Geothermal Features i
- - ... -- = __ l
68. Disturbance, or removal, p p ~ restoration, re-vegetation or enhancement of indigenous vegetation within a-ef s.S,ignificant Btlatural aAreas in accordance with the standards in Appendix 9 other than that provided for under rule
7·5·64
73· Disturbance Removal of indigenous NC NC NC vegetation or §ra2in§ of' livest:ociE within a Significant Natural Area other than that provided for under
Rule 7-5-'7&68
'i)l TLB-222361-17-3-V1:bb RDC-592032 - C0.39
7.6 PERFORMANCE STANDARDS
Permitted and controlled activities undertaken within the industrial zones
. shall comply with all the following performance standards.;.. Activities
relating to Section 6 matters listed in Appendix~ and 2 shall comply with
the performance standards within Appendix g.
7.7 CONTROLLED ACTIVITIES: METHOD OF
ASSESSMENT
Controlled activities are identified in Table 7·5 and shall comply with the
performance standards of the zone. The Council must grant consent but
may impose conditions in relation to matters over which it has reserved its
control. The matters over which Council reserves its control are stated in
this section. For activities relating to section 6 matters listed in Appendix~
and 2, the matters of control below shall be read in conjunction with the
provisions in Appendix g.
7.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
Activities arey-is expected to meet the performance standards of the zone/
however in instances where one or more performance standards are not
met1 Council will limit its discretion to the extent to which the activity will
avoid1 remedy or mitigate the effects of the non-compliance in achieving
the purpose of the relevant performance standard and the objectives and
policies relevant to the matter of discretion.
For activities relating to section 6 matters listed in Appendix~ and 2, the
assessment criteria below shall be read in conjunction with the provisions
in Appendix 9.
7.9 DISCRETIONARY ACTIVITIES: METHOD OF
ASSESSMENT
Council may grant or decline an application for a discretionary activity and
may impose conditions.
In assessing the proposal1 Council may consider all relevant objectives and
policies within the district plan1 all potential environmental effects1 and any
matters outlined in the Act without limitation as part of the decision
making process. Conditions may be imposed in relation to any of these
matters. Whilst not limiting the exercise of its discretion1 Council may also
consider the particular matters below for the activities listed as
TLB-222361-17-3-V1 :bb RDC-592032- C0.39
discretionary in the activity table.
For activities relating to section 6 matters listed in Appendix 1 and 2, the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
TLB-222361-17-3-V1 :bb RDC-592032- C0.39
PART 8 BUSINESS AND INNOVATION
8.1 INTRODUCTION
Zone
Scion Park
Code Description
Innovation Bh
The Scion Innovation Park consists of two precincts with Precinct A containing the nursery/ plant trial locations and ancillary accessory sheds and Precinct B covering the existing Te Papa Tipu Innovation Park/ and the main offices and laboratories.
8.6 PERFORMANCE STANDARDS
Permitted and Controlled activities undertaken within the Business
Innovation zones shall comply with all of the following performance
standards-;-. Activities relating to Section 6 matters listed in Appendix 1 and
2 shall comply with the performance standards within Appendix g.
8.7 CONTROLLED ACTIVITIES: METHOD OF
ASSESSMENT
Controlled activities are identified in Table 8.5 above and shall comply with
the performance standards in the zone. The Council must grant consent
but may impose conditions in relation to matters over which it has reserved
its control. The matters over which council reserves its control are stated in
this section. For activities relating to section 6 matters listed in Appendix 1
and 2, the matters of control below shall be read in conjunction with the
provisions in Appendix g.
8.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD
OF ASSESSMENT
Activities arey-ts expected to meet the performance standards for the zone/
however in instances where one or more performance standards are not
met1 Council will limit its discretion to the extent to which the activity will
avoid1 remedy or mitigate the effects of the non-compliance on achieving
the purpose of the relevant performance standard and the objectives and
policies relevant to the matters of discretion.
TLB-222361-17-3-V1 :bb RDC-592032- C0.39
For activities relating to section 6 matters listed in Appendix ~ and 2. the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
8.9 DISCRETIONARY ACTIVITIES: METHOD OF
ASSESSMENT
Council may grant or decline an application for a discretionary activity and
may impose conditions.
In assessing the proposal, Council may consider all relevant objectives and
policies within the district plan, all potential environmental effects, and any
matters outlined in the Act without limitation as part of the decision
making process.
Conditions may be imposed in relation to any of these matters. Whilst not
limiting the exercise of its discretion, Council may also consider the
particular matters below for the activities listed as Discretionary in the
activity table.
For activities relating to section 6 matters listed in Appendix ~ and 2. the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
PART 9: RURAL
9.3 OBJECTIVES AND POLICIES
Policy 9·3-~-5 Require the on-going management of retirement areas so that vegetation is established, well maintained, and pest plants and pest animals are controlled managed through conditions of resource consent.
Table 9.5: Activities in the Rural Zones
Zones I Rule~ 1-i RR RR2 RR3 I ~~=---~·~~ ~~~-- -~~ ~~~~--~-~-- "-=.J~~--- _.- -==--=~I I
1 I
\ i Significant Natural Areas I ~ ~~ ~~~~~~~~~~~~~~~~~~~~~=====~~~~===-~-=-~
•
TLB-222361-17-3-V1 :bb RDC-592032- C0.39
Rules Zones i
_,,..-~~.o:~--=-=~-=-=~,.,;::;;-.;;;;-=""'--=:--=-·=-==-=~""..,."'-::..-;;;;.,-_.o;'."~==o.o·---~c:,~,-..:;':;:..:;o;;;;;...-==~---"'--.=o~=l
RR RR2. RR3 1 I
~~;o~~-~-Disturbance, removal, restoration, re-I Pl-~--;~T - P -~ j vegetation, enhancement Qi_indigenous I I I I i vegetation within Significant Natural Areas in 1
1
[' J I!
I accordance with the standards in Appendix 9 r L~~~J~~---~-~-~~~= i 1 75a. Water tanks not exceeding 25000 litres and 31 P NA NA [ ' metres in height, with naturally recessive 1 I . exterior colour, with associated pump and l_ll I
I pipe installation work, located within a
1 1
Significant Natura I Area in accordance with I__ . _\
he standards in Append~><_:___ =i~~-~=-~~~-"~---~~j Disturbance Removal of indigenous NC NC NC 1
egetation or grazing of livestociE within the 1
I boundaries of a Significant Natural Area other I
I than that provided for under Rule 9-5-70 _j r--.........,....,_- - o----o~~==o--,-_-_ ---...,._,~-~~,c:::c~=-:::--~----- -- -- -- -- ------- -.
[ Outstanding Natural Features and Landscapes
~~~· -·. ~~~·-·... .. . . ---~~~-~~~~-~~-=--~-~-~--~=-~~=~~---·-~~, I 78a Maintenance and replacement of existing I Q I Q I D 1 lawfully established buildings, or lake I I !
) structures within an identified Outstanding . I 1 Natural Feature or Landscape not in I I j accordance with Appendixg i t···--~---~-~-~.~---·---~~--~-~~-==o ... ~-------~---~-"~-~~-----------~==-!=--·-~=-~--:-~~=···t~~-~"'-j l 8~.b New farm tracks within an outstanding natural I r_ I NA ! NA i
I . I ' features or landscape that meet performance 1 [ i I standard A~o.2.~.2 1 I i 1
F===-----=====~~-===f'=--=-·=~' --~-J, l New farm tracks within an outstanding natural 1
1
i RD 1
NA I NA I features or landscape that do not meet : 1
performance standard A~o.2.~.2. 1 I I ~~~==~====~~~~~~==~====~====~====-~-~~=-~~~~~~~
Construction of new farm, forestry or walking RD I RD ! RD I tracks within an outstanding natural features I I
1
and landscapes, unless otherwise provided I / __1___~~-~~-===-~'
New buildings, structures and lake structures D I D I NA i I I, located within the boundary of an outstanding , ,
natural feature or landscape, unless otherwise 1
1 1
specified l__ __ j_
8~.c
82:
83.b New buildings accessory to agricultural I RD
11
1 RD
1
/ production activities within pastoral landscape 1
• 1
that forms part of an Outstanding Natural i 1
I Feature and Landscape that: / 1
II,_'· . II
a) Wh~~ visiple..from_ <l ro~d or other public L ~ L __ )+-
I I ]_. _____ _
TLB-222361-17-3-V1 :bb RDC-592032- C0.39
I ·
Rules Zones
RR RR2 RR3 1
- . - - - -j;!lace does not extend above an'i I ridgeline and does not have a backdroj;! of a lake or sk't;
b} Does not exceed z.o metres in height;
c} Does not exceed 35osgm.
go . Buildings, ancillary accesso['i residential p p NA buildings and rural production activities located with in the MamakO outstanding natural landscape that do not physically alter a MamakO Tor
g1. Earthworks and recontouring of land NC NC NA associated with standard normal farm ing practices that result in the modification of a MamakO Tor feature .
92-.9. Removal of indigenous vegetation located on @ @
I NA
a MamakO Tor feature identified on planning NC NC I
maj;! 215 as being vegetated or j;!artiall'i vegetated
g2.b Removal of pest j;!lants on a MamakO Tor e. e. I e. feature
I 110 blisti:Jrsance and rRemoval of indigenous RD RD RD
vegetation on land identified on the Planning Maps as bio-vegetation areas.
9.6 PERFORMANCE STANDARDS
Permitted or controlled activities undertaken within the rural zones shall
comply with all the following performance standards. Activities relating to
Section 6 matters listed in Aj;!pendix 1 and 2 shall compl'i with the
j;!erformance standards within Aj;!pendix g.
17. Prospecting, Exploration and Drilling
Prospecting, exploration and drilling activities shall comply with
the following standards:
a.
d. The maximum height for a drill rig and ancillary accessory
plant and machinery shall be 30 metres .
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9.7
21. Removal of indigenous vegetation
Removal of indigenous vegetation shafl be subject to the following:
1. The vegetation can be removed for any of the following
purposes:
a) Normal domestic-scale trimming and maintenance;
b) The maintenance of walking tracks;
c) The collection of plant material by the Tangata
Whenua for maintaining traditional practices of rongoa
(medicinal purposes), raranga (weaving) and mahi
whakairo (carving);
d) The clearance and control- of pest plants (included in
the Bay of Plenty weed index or national pest plants
accord); and
e) Normal farming practices to maintain farm tracks,
fences, culverts and pasture, including from invasive
regrowth.
f) Incidental removal via the pastoral grazing activities in
an Outstanding Natural Feature and Landscape.
CONTROLLED
ASSESSMENT
ACTIVITIES: METHOD OF
Controlled activities are identified in Table 9-5 above and shall comply with
the performance standards in the zone. The Council must grant consent
but may impose conditions in relation to matters over which it has reserved
its control. The matters over which council reserves its control are stated in
this section. For activities relating to section 6 matters listed in Appendix 1
and 2, the matters of control below shall be read in conjunction with the
provisions in Appendix g.
9.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
Activities arey-ts expected to meet the performance standards of the zone,
however in instances where one or more performance standards are not
met, Council will limit its discretion to the extent to which the activity will
avoid, remedy or mitigate the effects of the non-compliance in achieving
the purpose of the relevant performance standard and the objectives and
policies relevant to the matter of discretion.
For activities relating to section 6 matters listed in Appendix 1 and 2. the
assessment criteria below shall be read in conjunction with the provisions
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. '
in Appendix g.
9.9 DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
Council may grant or decline an application for a discretionary activity and
may impose conditions.
In assessing the proposal, Council can consider all relevant objectives and
policies within the district plan, all potential environmental effects, and any
matters outlined in the Act without limitation as part of the decision
making. Conditions may be imposed in relation to any of these matters .
Wh ilst not limiting the exercise of its discretion, Council may also consider
the particular matters below for the activities listed as Discretionary in the
activity table.
For activities relating to section 6 matters listed in Appendix~ and 2, the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
PART 10 RESERVES, COMMUNITY ASSETS AND WATER
Table 10.5 Activities in the Reserves, Community Assets and Water Zones
!--
I Rules Zones ~- ~~~
I RV1 RV2 RV3 W1 1-- ~ --~ - - =-- ----~--~-· ~= ~ ~~~~- ~- --~-~~:
j Significant Natural Areas l I
~ - ~- -·--
s~ . Disturbance, Feffisval, restoration, p p p p re-vegetation or enhancement of indigenous vegetation ef within s-.S,ignificant R.b!_atural a_8reas in accordance with the standards in Appendix 9
ss. Disturbance Reffisval of indigenous NC NC NC NC vegetation SF §Fa~iA§ sf' livestsEIE
I
I within the boundaries of a
__ j s-.S,ignificant R.b!_atural a_8reas other than that provided for in this table
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- -- --- - -------- ·------
Rules Zones
RV1 RV2 RV3 W1 -- ---c
Other Activities
74. r>: -~ ...! r£S.i::JIIUV RD NA NA RD ~ ~
indigenous vegetation on identified on the P Ianning Maps as bio-vegetation areas.
----
Outstanding Natural Features and Landscapes '~-----~---~-- "'""""--------
]6. Maintenance and upgrades of p p p NA existing lawfully established buildings and structures1
aAEillaptaccesso[¥ residential buildings located within freehold lots within the Mount Ng6ng6taha outstanding natural landscape
10.6 PERFORMANCE STANDARDS
10.7
Permitted or controlled activities undertaken within the reserve and water
zones shall comply with all of the following performance standards.
Activities relating to Section 6 matters listed in Appendix ~ and 2 shall
comply with the performance standards within Appendix g.
CONTROLLED
ASSESSMENT
ACTIVITIES: METHOD OF
Controlled activities are identified in Table ~o.s above and shall comply
with the performance standards in the zone. The Council must grant
consent but may impose conditions in relation to matters over which it has
reserved its control. The matters over which council reserves its control are
stated in this section. For activities relating to section 6 matters listed in
Appendix~ and 2. the matters of control below shall be read in conjunction
with the provisions in Appendix g.
10.8 RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
Activities arey--is expected to meet the performance standards of the zone,
however in instances where one or more performance standards are not
met, Council will limit its discretion to the extent to which the activity will
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avoid, remedy or mitigate the effects of the non-compliance in achieving
the purpose of the relevant performance standard and the objectives and
policies relevant to the matter of discretion .
For activities relating to section 6 matters listed in Appendix 1 and 2. the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
10.9 DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
Council may grant or decline an application for a discretionary activity and
may impose conditions.
In assessing the proposal, Council can consider all relevant objectives and
policies within the district plan, all potential environmental effects, and any
matters outlined in the Act without limitation as part of the decision
making. Conditions may be imposed in relation to any of these matters.
Whilst not limiting the exercise of its discretion, Council may also consider
the particular matters below for the activities listed as Discretionary in the
activity table.
For activities relating to section 6 matters listed in Appendix 1 and 2. the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
PART 12 FUTURE GROWTH
12.7 CONTROLLED ACTIVITIES: METHOD OF ASSESSMENT
Controlled activities are identified in Table 10.5 above and shall comply
with the performance standards in the zone. The Council must grant
consent but may impose conditions in relation to matters over which it has
reserved its control. The matters over which council reserves its control are
stated in this section. For activities relating to section 6 matters listed in
Appendix 1 and 2. the matters of control below shall be read in conjunction
with the provisions in Appendix g.
DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
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Council may grant or decline an application for a discretionary activity and
may impose conditions.
In assessing the proposal, Council can consider all relevant objectives and
policies within the district plan, all potential environmental effects, and a.ny
matters outlined in the Act without limitation as part of the decision
making. Conditions may be imposed in relation to any ofthese matters.
Whilst not limiting the exercise of its discretion, Council may also consider
the particular matters below for the activities listed as Discretionary in the
activity table.
For activities relating to section 6 matters listed in Appendix 1 and 2. the
assessment criteria below shall be read in conjunction with the provisions
in Appendix g.
17.2 DEFINITIONS
Agricultural production activities
Disturbance vegetation
An agricultural or horticultural activity having as its primary purpose the production of goods for human or animal use and consumption and includes any livestock or crop using the in-situ soil, vegetation, water and air as the medium for production, and must include maintaining the ground cover. For the avoidance of doubt agricultural production activities includes:
• Packing sheds and ancillary accessory activities including the storage and initial processing of horticultural and agricultural products produced on site ...
of The disturbance, removal, clearance, destruction, cutting, crushing, desiccation~ ef-burning or grazing of exotic or indigenous vegetation with the exception of:
1. Normal domestic-scale trimming and maintenancei
2. The maintenance of walking and cycling tracksi
3. The collection of plant material for scientific purposesi
4· The collection of plant material by the Tangata Whenua for maintaining traditional practices of rongoa (medicinal purposes), raranga (weaving) and mahi whakairo (carving)i
s. The clearance and control of pest plants (included in the Bay of Plenty weed index or national pest plant accord)i and
6. Normal farming practices to maintain water supply, farm tracks, fences, culverts and pasture, including protect pasture from invasive regrowth.
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Term j Definition -- -- - -- -- -
Earthworks The disturbance of land surfaces by excavation or filling, but
excludes activities listed in a~~endix A1o .2 .1.10.
Mamaku Tor Volcanic ignimbrite '~lugs' that form distinct cone sha~ed hills feature that are geological features ty~ical of the landsca~e of the
Mamaku ~lateau. The Mamaku Tor features are identified on
~Ianning ma~ 215.
Mamaku Tor ONFL The Mamaku Tor is an outstanding natural feature and
landsca~e, com~rising of Mamaku Tor features within the
~astorallandsca~e.
Retirement Area An area of land that has been retired from grevious agricultural ~reduction activities and that has been secured for the ~ur~oses of conservation, recreation or ~ublic access as a ~ermanent land use change with a maintenance and management reQuirement through a covenant registered on the title or through a similarly binding legal mechanism
Telecommunication Free standing telecommunication installations, including towers, facilities masts, antennae, microwave dishes, telephone exchanges,
equipment shelters and buildings, cabinets, telephone boxes and a REi llaPy' accesso[i equipment.
APPENDIX 9: SECTION 6 MATTERS
A9.2
A9.2.3
I
PERFORMANCE STANDARDS
Distu rba nee,
Revegetation
Vegetation
Removal, Restoration and
or Enhancement of
within Significant
Indigenous
Geothermal
Features, or Significant Natural Areas
1.
2 .
3· Disturbance of tlndigenous vegetation ElearaA Ee or d isturbaAEe
within a Significant Natural Area shall be subject to the following :
a . The vegetation can be disturbed Eleared shall be for any of
the following purposes:
i. pedestrian or cycling usei or
ii. removal of trees that endanger human life, structures
or utilities or obstruct existing access to utilitiesi or
iii. conservation fencing to ex clude stock and/or pestsi or
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iv. gathering of plants in accordance with Maori custom
and valuesi or
v. access for any of the above purposes and for pest
management.
vi. The continuation of grazing in the rural zone where it
does not increase the scale and intensity as stated in
the report by an Agricultural consultant submitted to
Rotorua District Council within six months of the plan
being fully operative, provided that the grazing does
not cease for more than ~2 months.
b. The clearance of indigenous vegetation within a s.S.ignificant
RNatural a_6reas shall be:
i.
ii. an integral part of the maintenance of lawfully
established roads, tracks, earth dams or fence lines as
long as it is within the minimum of clearance that is
required (as long as the clearance is within 1 metre of
the fence line)i or
A9.2.6 New Buildings and Structures and Rural Farming
Activities located within the Mamaku Tor
Outstanding Natural Landscape
~- Indigenous vegetation shall not be removed from Mamaku Tor
features on planning map ns.
2. No earthworks including mining or quarrying shall be undertaken on
a Mamaku Tor feature as identified on planning map ns.
3· The proposed building or structure shall comply with the
performance standard provisions ofthe relevant zone.
A9.2.7 Existing Forestry activities located on the
Horohoro Bluffs, Rainbow Mountain and
Mamaku Tors- Outstanding Natural Landscape
a.
A9.2.10. Water pump and pipe network associated with a
water tank located within a Significant Natural
Area provided for in rule 9.5.75a
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a. Indigenous vegetation disturbance will be limited to the
removal ofthe understorey only in an area no wider than 2.5m
RDC-592032- C0.39
A9.3
as long as it is the minimum disturbance that is required
during a temporary period for the purpose of construction.
b. Earthworks are limited to the area used for the placement of
the structure supporting the pipe network.
c . The vegetation within the SNA that is disturbed through the
construction works will be reinstated.
RESTRICTED DISCRETIONARY ACTIVITIES: METHOD OF ASSESSMENT
A9.3.2 Construction of new Farm, Forestry, and Walking Tracks within a Significant Natural Area or Outstanding Natural Feature and Landscape
The council will restrict its discretion to the matters below;
a . The prevention of access to or from a state highway.
b. The protection of recorded historic (360.4) heritage features listed in
Appendix :1. or 2 and waahi tapO shall not be disturbed.
c. The walking track shall not disturb any endangered indigenous fauna or
species or their habitat as listed in Appendix 2.
d. Methods used to avoid construction debris from entering a water body.
e. The extent to which the scale and location of earthworks associated
with roads, tracks, building sites detract from the values and
characteristics ofthe ONFL or SNA.
f. The extent to which the location and/or design avoids or mitigate
adverse effects on any Significant Geothermal Feature in accordance
with the classification ofthe associated geothermal system.
g. The functional and locational requirements for tracks to be located
· within the Outstanding Natural Feature and Landscape including as per
rule q.s.8:1..c.
A9.3.4. Buildings accessory to agricultural production activities within an Outstanding Natural Feature and Landscape as per rule 9.5.83b
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a. The functional and locational requirements for the building to
be located within the Outstanding Natural Feature and
Landscape.
b. The extent to which any additional buildings may cause
cumulative adverse effects on the identified values or
characteristics of the Outstanding Natural Feature and
Landscape.
c. The extent to which the siting, orientation, design and bulk of
any buildings and materials used for their construction,
integrate the building or structure into the surrounding
natural environment.
d. The extent to which external walls and roof of any building or
addition exceeds a reflectivity value of 37%.
APPENDIX 10: EARTHWORKS
A1 0.1 INTRODUCTION
This appendix contains the Earthwork performance standards for all zones
and specific performance standards for sites within the National Grid
corridor. All permitted and controlled activities identified within the Rule
table of the relevant zone must comply with the relevant performance
standards contained below. If one or more of the performance standards
in A~o.2.~ are not met1 the activity shall be considered as a Restricted
Discretionary activity in accordance with the rule tables in the zone
chapters1 with the exception of standard 51 in which case the activity (other
than that listed in rule g.s.8~c) will be considered as a Discretionary
activity. If the performance standards in A~o.2.2 are not met1 the activity
shall be considered as a Non Complying activity in accordance with the rule
tables in the zone chapters.
A~o.2.L~O Notwithstanding the preceding requirements 1 the following
activities are exempt from the performance standards above:
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e. Land preparation and earthworks accessory to and reasonably
necessary for fencing and existing forestry.
i. The maintenance of walking tracks1 farm and forestry tracks1
driveways and roads and tracks and drains associated with
existing infrastructure and normal farming practices.
RDC-592032 - C0.39
k. Ploughing as part of normal farm practices, which result in
recontouring the land, but does not alter the MamakO Tor
feature .
I. Troughs and their associated pipe network and realignment
of fences associated with normal farming practices.
m. Ploughing as part of normal farm practices within an
outstanding natural landscape.
n. New drains within pastoral landscape that forms part of an
outstanding natural feature and landscape.
PLANNING MAPS
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