Draft Proposed Plan Change 4: Miscellaneous Plan Change€¦ · Draft Proposed Plan Change 4:...

Draft Proposed Plan Change 4:

Miscellaneous Plan Change

to the Operative Hauraki District Plan

Proposed changes to amend definitions; correct cross references;

update maps, schedules (heritage features, significant natural areas, significant trees) and

references to external documents, and; to make relatively minor amendments to improve

overall consistency and administration of the District Plan.

Publicly notified: day/September 2020

Content Page

1 Introduction

1.1 The Proposal

1.2 Background

2 Resource Management Act

2.1 Statutory Assessment – Requirements for plan changes to District Plan

2.2 Part II of the RMA - Purpose of the RMA

2.2.1 Section 5, RMA – Purpose

2.2.2 Section 6, RMA – Matters of National Importance

2.2.3 Section 7, RMA – Other matters

2.2.4 Section 8, RMA – Treaty of Waitangi

3 Consultation Process

4 Section 32 of the RMA

4.1 Section 32(1) – evaluation report required

4.2 Section 32(2) – assessment of efficiency and effectiveness

4.3 Scale and Significance of Proposal

4.4 Assessment of the Options

4.4.1 Option 1: Do Nothing Option – leave the District Plan as it is

4.4.2 Option 2: Amend the existing District Plan provisions via a

Miscellaneous Plan Change

4.4.3 Discussion and Preferred Option

5 Efficiency and Effectiveness of the Provisions

5.1 Very minor: Items to correct minor errors, cross references, improve

definitions and consistency, update maps, references to legislation, etc.

5.2 Minor: Items to make amendments to improve Plan consistency, clarity and

administration (notably, provisions relating to Plan Change 1).

5.3 Other: Items requiring Section 32 assessment (effectiveness and efficiency)

5.3.1 Item 6: Definition of ‘Freedom Camping’; Item 11: Definition of

‘Passive Recreation Activities’; Item 16: Definition of ‘Temporary

Uses and Buildings’ and other associated provisions (Items 26, 28,

67, 69 and 70)

5.3.2 Item 64: Town Centre Zone; Zone Development Standards –

Pedestrian Frontage; Percentage of Clear Glass Windows

5.3.3 Item 75: Schedule of Historic Heritage Inventory – Areas of

Significance to Maori; Map 31 Ngati Koi Domain/Black Hill

5.3.4 Item 6a and Item 93: Hazardous Substances and Contaminated Land

5.3.5 Item 113: Rezone Section 1 SO 55835, Queen Street, Paeroa (Valley

Brakes) and Item 116: Rezone Lot 6 DP 19807, corner of Princes

Street and Arney Street, Paeroa

6 Amendments to the District Plan

6.1 Details of changes to be made to the Proposed District Plan

APPENDICES

Appendix 1 Proposed Plan Change 4 (PPC4) to the Hauraki District Plan (Hauraki

Section), Operative 2014

Provisions subject to change – Item 1 to Item 117 [for summary

information, see over page]

ATTACHMENTS

Attachment 1: Proposed 85 Percentile Car Tracking Curve (Item 1)

Attachment 2: Proposed Changes to Zone Development Standards – Residential Zone

(Items 40 and 41)

Attachment 3: Proposed Changes to Zone Development Standards – Low Density

Residential Zone (Items 54, 55 and 55a)

Attachment 4: Proposed Changes to Planning Maps (Items 72, 73, 74, 75, 78, 79, 80,

81, 82, 83, 109, 110, 111, 112, 113, 114, 115, 116 & 117))

Attachment 5: Proposed Changes to Schedule of Significant Trees – Paeroa Domain

(Item 84)

Attachment 6: Proposed Changes to Section 7.7: Hazardous Substances and

Contaminated Land (Item 93)

SUMMARY OF APPENDIX 1:

Proposed Plan Change 4 (Item 1 – Item 115) to the Operative Hauraki District Plan:

Provisions subject to change via the Proposed Miscellaneous Plan Change

Refer to APPENDIX 1 for further detail.

Item

Numbers

Topic Reason for proposed amendment

1, 25, 27,

29, 30, 53,

62, 65

Cross references/consistency

Car tracking curve

5.2.4.1

5.3.4.1

5.3.4.2

5.3.4.4

5.8.5(1)

5.11.4.1 P2 & P7

5.12.4.2 C3

There are a number of incorrect cross

references throughout the Hauraki section of

the District Plan which need to be corrected,

as well as matters that should be changed to

provide greater consistency in the structure

of Zone sections to assist Plan users.

In relation to the ‘car tracking curve’ there is

the need to replace an obsolete standard

with a current one.

The legal description in 5.12.4.2 C3 needs

correcting.

2, 18 Definitions – statutory:

Allotment/Lot

Subdivision

Building

Certificate of Title

Amend definitions to reflect changes to the

Resource Management Act and the Building

Act and the new Land Transfer Act 2017.

3, 7 Definitions:

Commercial Service

Industrial Activity

To more clearly delineate between these two

activities in the definition (e.g. to clarify what

storage shed businesses fall under)

particularly in relation to the Rural and

Coastal Zones.

8, 10, 12,

13, 14, 19,

20a, 20b,

23, 24, 36,

37, 38, 39b,

39c, 39d,

39e, 40, 41,

44, 45, 46,

47, 48, 49,

50, 52, 53a,

54, 55, 55a,

57, 58, 59,

61c, 98, 99,

100, 101,

103, 104,

108

Plan Change 1:

Minor Dwelling Units

Additional Dwellings

Etc.

Plan Change 1 (operative 16 September 2019)

introduced provisions for ‘Minor Dwelling

Units’ and ‘Additional Dwellings’.

Since that time it has been found that

implementation of the amended and new

provisions is difficult. The wording of the

amendments, and/or their location within the

District Plan, has led to uncertainty for Plan

users – for a number of reasons – duplication,

contradictory provisions, cross references

needed, consequential amendments not

having been undertaken, incorrect cross

references, etc.

Thirty nine of the items in Proposed Plan

Change 4 address these issues.

The intention of the amendments made by

Plan Change 1 has been retained, while the

provisions relating to them have been

reworded and/or relocated to provide clarity

and certainty for Plan users.

20, 31, 33,

39, 59, 61

Traffic Noise Sensitivity Rules

Restricted Discretionary Activities

For each relevant Zone (Rural, Coastal,

Karangahake Gorge, Residential, Low Density

Residential and Township) there is the need

to identify matters over which Council has

restricted its discretion for Residential

Discretionary Activities.

21, 43, 66 Areas Subject to Inundation For each relevant Zone (Rural, Residential,

Industrial) there is the need to clarify that

land covered by an impermeable surface can

still be available for inundation (flood

ponding) purposes.

22, 32, 35,

42, 56

Sale of products from home

occupations

For each relevant Zone (Rural, Coastal,

Karangahake Gorge, Residential, Low Density

Residential) in which “home occupations” are

provided for as a Permitted Activity, a direct

link needs to be provided to the rules for

produce stalls – so that the later are not

overlooked.

6, 11, 16,

26, 28, 67,

69, 70

Freedom Camping A set of amendments to enable freedom

camping on Council owned and controlled

roads and, some Council owned and

controlled land, without the need to obtain a

resource consent.

60 Home Stays In the Marae Development Zone make

provision for “homestays” as a Permitted

Activity.

39a, 51a,

51b, 61a,

61b

Outdoor Living Areas

Density

For each relevant Zone (Residential, Low

Density Residential and Township) identify

‘matters’ over which Council has restricted its

discretion for “Outdoor Living Areas” and

“Density” when a Restricted Discretionary

Activity status applies.

68 Temporary Uses and Buildings In the Martha Mineral Zone make temporary

uses and buildings meeting part (c) of the

definition (i.e. drilling to determine ground

conditions and/or to undertake groundwater

monitoring) a permitted activity.

71, 72, 73,

74, 75

Historic Heritage 6.1.5.8(1)(a)

HAU 061

HAU 423

HAU 074

HAU 0322

The cross reference is incorrect and should be

amended.

These heritage items (Patetonga School and

Waihi Skate Bowl) have been demolished.

These items should therefore be deleted from

the District Plan schedule (Hauraki Section)

This heritage feature (Grand Junction Refinery

Building) has been relocated. Its new location

should be shown on the Planning Map.

Ngati Koi Domain / Black Hill – Council has

been asked to add this to the Hauraki District

Plan as “An Area of Significance to Maori”.

76, 77, 85,

115

Water Supply Catchments

6.2.5.2(1)

6.2.5.3(1) & (2)

Consequent amendments following removal

of the Water Supply Catchments from the

Planning Maps.

78, 79 Indigenous Biodiversity and

Significant Natural Areas (SNAs)

T13P110

T13UP110

T13UP168

T13P168

T13UP147

Amendments to schedule and/or maps to

reflect changes in status of parts of these

SNAs.

80, 81, 82,

83, 84

Significant Trees

TRO134

TRO135

TRO43

TRO34, TRO35, TRO37, TRO53 &

TRO72

TRO97

Council has been asked to add the popular

tree (He Rakau Pitopito) at Komata and 2 Oak

Trees (Turua Domain) to the Schedule of

Significant Trees in the Hauraki Section of the

District Plan.

These trees have, or are to be removed from

the Waihi South Reserve, Morgan Park and

Paeroa Domain due to dying, presenting an

imminent risk to human health, or the

redevelopment of Morgan Park.

86, 87 National Environmental Standards

for Telecommunication facilities

The standard included and referenced in the

Hauraki section of the district Plan was

replaced in 2016. It should therefore be

replaced by the current version.

93, 6a Hazardous Substances and

Contaminated Land

Delete those parts of Section 7.7 that relate

to the storage, use and transportation of

hazardous substances as RMA section

31(1)(b)(ii) has been repealed.

Retain those parts of section 7.7 that relate to

disposal of hazardous substances to disposal

facilities and provide for this in the Martha

Mineral and Golden Cross Mineral Zones as a

restricted Discretionary Activity (to remove

the current anomaly with provision for this in

the Rural Zone).

94, 95, 96,

97

Excavation and Placement of Fill

(Plan Change 1)

Plan Change 1 (operative 16 September 2019)

introduced changes to the earthworks

provisions.

Amendments are required to make the rules

relating to excavations and the placement of

fill more certain, particularly in relation to the

direction of runoff and drainage patterns.

101a Vehicle Access and Crossing

Standards

8.4.3.3

The applicable crossing standard for activities

in the Reserve (Active) Zone needs clarifying

due to current duplication and omission.

105, 106 Power (Electricity) and

Telecommunications

8.5.6

Amend to require installation of multiple

power and phone (urban area only)

connections by the subdivider, to all lots

without existing connections.

107 Class D and E

Vehicle Crossing

Amend to clarify that the appropriate

standard vehicle crossing is still required even

if there is no kerb and channel, (as set out in

the rules in 8.4.3.3).

109 Map 24

Update the map to show esplanade reserve

created since the District Plan became

operative.

110 Map 12

Amend the map for land along the East Coast

to show proposed esplanade reserve (to

match the text).

111 Map 34

Some DOC land is shown as Rural Zone but it

should be rezoned as Conservation

(Indigenous Forest) Zone. Amend the map.

112 Map 34

Some strips of land along a stream near

Woodland Road (reserved from sale) are

shown as Rural but should be rezoned

Reserve (Passive). Amend the map.

113 Maps G3, G5 and G7

Land at Queen St, Paeroa Is designated for

Soil Conservation and River Control with an

underlying Rural zoning. There is a building on

part of the land (previously occupied by

Valley Brake Centre) and, given its location,

an underlying zone of Town Centre would be

appropriate.

114 Maps 12 & 19

Proposed esplanade reserve is not shown

along the actual route of the stream, amend

the maps.

115 Maps 17, 18, 23, 24, 25, 29 & 30

Remove Water Supply Catchments from the

maps as none are now being used as a source

of public water supply.

116 Maps G6 & G7

Amend Maps G6 and G7 by rezoning the

corner of Princes Street and Arney Road

(formed and used as a public carpark), Paeroa

from Rural to Town Centre Zone.

117 Map D

Amend Map D by removing “unformed road”

notation from eastern section of Pah Road,

Kerepehi and remove the road name label.

4 Definition of

Comprehensive Residential

Development

Amend the definition to make it clear that

shared open space and ancillary facilities for a

Comprehensive Residential Development are

optional.

63, 63a Service Industrial Activity

(provision for servicing, repairs

and/or valet)

5.11.4.1

Clarification that the servicing, repair and/or

valet of vehicles not associated with the sale

of those vehicles (cars, caravans and boats),

are a Permitted Activity in the Town Centre

Zone. The same applies to repairs associated

with farm machinery sales.

17 Definition of

Yard

Amend the definition to enable Council

planners to ignore building line restrictions

registered on CTs whilst preserving the ability

to apply these through the District Plan in the

future.

32, 34 Produce Stalls Coastal and

Karangahake Gorge Zones

Make provision for ‘Produce Stalls’ as a

permitted activity.

64 Pedestrian Frontage

Town Centre Zone

5.11.5

The pedestrian frontage rule relating to % of

clear glass windows on front façade needs to

be re-written as a complying building can be

built and then subsequently modified to avoid

the rule.

1 INTRODUCTION

The Hauraki District Plan – Operative (Hauraki Section) (the Plan) has been in

existence since 2010 when it was publicly notified. Submissions were called for in

August 2010 and further submissions in December 2010. Hearings were held by the

District Plan Review Hearings Committee from October 2011 to March 2012.

Decisions were made on submissions by the Council in August 2012 and as a result of

these decisions, Council received 14 appeals. The appeals were subsequently

resolved and the Plan was made operative in September 2014.

Since 2014 there has only been one change to the Hauraki District Plan ‘Plan Change

1: Rule Plan Change’ which was made operative in September 2019.

1.1 The Proposal

Proposed Plan Change 4: Miscellaneous Plan Change (the Proposed Plan Change, or

PPC4) is intended to address a number of relatively minor and discrete matters that

have become apparent through ongoing administration and implementation of the

Hauraki District Plan. All proposed changes relate to the Hauraki District Council

section of the District Plan, none relate to the Franklin section.

Some of the proposed amendments will make the Plan easier to use for both Council

staff and the wider public (e.g. proposed changes to definitions, corrected cross

references and other minor errors).

Other proposed amendments are to update the Plan as a result of legislative and

policy changes (e.g. updated National Environmental Standards for

Telecommunication Facilities, amendments to the RMA requirements for hazardous

substances, etc.) or to update the Plan to reflect changes on the ground (i.e. to

update maps and schedules).

The proposed changes should help to ensure consistency in both interpretation and

administration of the Plan, as well as updating a range of matters that have changed

since the Plan was made operative in 2014.

1.2 Background

In the years since the Hauraki District Plan was made operative (in 2014) a list of

‘miscellaneous matters’ has been compiled as they have become apparent.

A ‘Schedule of Proposed Plan Changes’ was considered at a District Plan Committee

Workshop on 17 December 2019 where it was subsequently decided that 52 of the

matters on the Schedule should be progressed forthwith as part of a ‘miscellaneous

plan change’.

Following the Committee Workshop, staff further investigated the miscellaneous

matters and have subsequently proposed various ‘fixes’ via PPC4.

As work progressed, additional ‘miscellaneous’ matters became apparent and an

updated ‘Schedule of Proposed Plan Changes’ was considered at a subsequent

District Plan Committee Workshop on 24 June 2020. The matters listed in the

updated ‘Schedule’ have been included in PPC4.

Proposed Plan Change 4 is an ‘omnibus proposal’ in that it gathers a large number of

disparate items (130 in total) into one place for consideration and amendment

through the plan change process.

Whilst none of the items are considered to be particularly controversial, they are

being progressed as individual items/matters so that if submissions are received,

only those items subject to submission will not be able to have legal effect from the

close of the submission period (i.e. for those items not subject to submission, the

Plan will be able to be amended immediately following the submission period).

2 RESOURCE MANAGEMENT ACT 1991

The proposed plan change seeks to provide the resource management framework to

address the statutory requirements set out in Part II of the RMA, particularly those

within Sections 6, 7 and 8.

In particular, the provisions of the proposed plan change seek to clarify many of the

existing provisions within the District Plan to ensure the consistent administration of

the Plan and provide certainty to applicants and the public alike.

2.1 Statutory Assessment – Requirements for plan changes to District Plan

Section 74

Section 74 requires that the change to the district plan shall be in accordance with

the territorial authority’s functions under Section 31, the provisions of Part II, and

the duty under Section 32 and any regulations.

Section 75

Section 75 (1) sets out the matters that must to be included within the change (e.g.

objectives, policies, and rules).

Section 75 (2) includes the matters that may be covered by the change (e.g.

methods, issues and reasons).

Section 75 (3) states that a district plan must give effect to any relevant policy

statements (national/regional).

First Schedule, Part 1

The process involved to prepare and assess the change is set out in Schedule 1 of the

RMA. In the table below the overall public participation process is summarised.

Relevant Clause,

Part I, Schedule 1,

RMA 1991

Description

Statutory Timeframes

Clause 3 Consult with anyone affected

by the change (including iwi

authorities).

Clause 3B Consult with iwi authorities

Clause 4A Further consultation with iwi

authorities

Prior to public notification

Clause 5 Public notification – calling for

submissions

Closing date 20 working

days after public

notification

Clause 6 Any person can make a

submission – Form 5

Clause 7 The local authority shall

publicly notify a summary of

submissions – calling for

further submissions – Form 6.

Clause 8 Further submissions in support

or opposition to submissions

made under Clause 6 (certain

persons only)

Closing date 10 working

days after public

notification

Clause 8A Copy of further submission

served on person who made

submission under Clause 6

5 working days

Clause 8B Notification of hearing of

submissions and further

submissions

10 working days notice

Clause 10 Decision - reasons for

accepting or rejecting

submissions. Public

notification of decisions.

Within 2 years from

public notification

Clause 11 Notification of decisions to

submitters/further submitters

and notification of appeal

rights/timeframe

Clause 14 Appeals to the Environment

Court

30 working days from

receipt of decision on

submission.

PPC4 has been prepared in accordance with the provisions summarised above and as

stated in the Resource Management Act 1991.

2.2 Part II of the RMA – Purpose and Principles

2.2.1 Section 5, RMA – Purpose

Section 5 of the RMA states:

“(1) The purpose of this Act is to promote the sustainable management of natural

and physical resources.

(2) In this Act, “sustainable management” means managing the use,

development, and protection of natural and physical resources in a way, or at

a rate, which enables people and communities to provide for their social,

economic, and cultural wellbeing and for their health and safety while -

(a) Sustaining the potential of natural and physical resources (excluding

minerals) to meet the reasonably foreseeable needs of future

generations; and

(b) Safe-guarding the life-supporting capacity of air, water, soil and

ecosystems; and

(c) Avoiding, remedying, or mitigating any adverse effects of activities on

the environment.”

Comment

The proposal seeks to amend a number of unrelated provisions in the District Plan.

The changes are intended to promote the sustainable management of the natural

and physical resources of the Hauraki District.

2.2.2 Section 6, RMA – Matters of National Importance

The proposed plan change will not have any effect on the Matters of National

Importance set out in Section 6. If there are any potential Matters of National

Importance, then these are addressed in the assessment for individual items.

2.2.3 Section 7, RMA – Other matters

The proposed plan change will not have any effect on the Other Matters set out in

Section 7. Consultation has been attempted/undertaken with iwi authorities at two

points prior to PPC4 being publicly notified in an attempt to promote kaitiakitanga.

2.2.4 Section 8, RMA – Treaty of Waitangi

The proposed plan change will not have any effect on the Treaty of Waitangi matters

set out in Section 8.

3 CONSULTATION PROCESS

As noted above, consultation with iwi authorities has been undertaken at two

separate points along the plan change process, so far. The first point of contact was

via a hui held on 24 February 2020 that was attended by representatives of Ngati

Tara Tokanui and Ngati Tamatera. The second point of contact was via a letter sent

on 24 March 2020 to each of the nine iwi authorities in the Hauraki District which

stated:

“… we would like feedback from iwi by 9 April – particularly if there is

information required to further progress specific matters on the list (see the

items highlighted on the attached list).

The Miscellaneous Plan Change is still in the draft stage and once we receive

feedback from iwi we will continue to develop the Plan Change and provide a

copy to iwi for further comment and input before finalisation for public

notification. If we receive no feedback then we will assume there is a level of

comfort to continue as proposed in this letter."

Consultation with the wider community prior to commencement of the formal plan

change process was not considered necessary due to the fact that the PPC4 is

relatively minor in nature and does not suggest changing parts of the Plan which

would significantly affect the wider public.

It is intended that where changes to items within the PPC4 were considered to have

potential effects on identified people or communities, targeted consultation was

undertaken (e.g. NZTA regarding proposed changes to the Traffic Noise Sensitivity

provisions, etc.).

Due to the mainly minor nature of the proposed plan change, it is hoped that the

Miscellaneous Plan Change is largely viewed by stakeholders and the community as a

positive initiative that will improve overall administration of the Hauraki District

Plan.

4 SECTION 32 OF THE RMA

4.1 Section 32(1) – evaluation report required

Section 32(1) of the RMA requires an evaluation report be prepared, before the

proposed Plan Change is publicly notified, to examine whether:

• The objectives of the proposal being evaluated are the most appropriate way to

achieve the purpose of the RMA;

• The provisions are the most appropriate way of achieving the objectives.

The evaluation must include:

• The identification of other reasonable practicable options for achieving the

objectives;

• An assessment of the efficiency and effectiveness of the provisions for achieving

the objectives; and

• A summary of the reasons for deciding on the provisions.

4.2 Section 32(2) – assessment of efficiency and effectiveness

Section 32(2) requires that an assessment of the efficiency and effectiveness of the

proposed plan change provisions must include:

• Identification and assessment of the benefits and costs of the environmental,

economic, social and cultural effects anticipated from the implementation of the

provisions including opportunities for:

economic growth that are anticipated to be provided or reduced; and

employment that are anticipated to be provided or reduced.

Section 32 also states that the evaluation report must contain a level of detail that

corresponds to the scale and significance of the environmental, economic, social and

cultural effects that are anticipated from implementation of the proposal

(s32AA(1)(c)).

4.3 Scale and Significance of Proposal

Proposed Plan Change 4 is an ‘omnibus proposal’ in that it gathers a large number of

disparate items into one place for consideration and amendment through the plan

change process.

In most cases the matters being considered are relatively minor/administrative in

nature and in themselves, would not warrant consideration through a plan change.

Collectively however there is justification for preparing a plan change proposal to

‘fix’ these matters – particularly as a full review of the Hauraki District Plan is not

currently anticipated for several years.

For the purpose of undertaking a section 32 assessment that is relative to the scale

of each item, the 130 plan change items have been assessed and categorised into

one of the following categories:

• Items requiring very limited assessment (i.e. changes that are simply intended

to clarify or correct a rule, definition or map)

• Items requiring limited assessment (i.e. minor changes to a rule, definition or

map)

• Items requiring assessment (i.e. changes that whilst still minor, are more

significant than those above)

Overall, the scale and significance of Proposed Plan Change 4 – Miscellaneous Plan

Change has been assessed as being ‘low’ and the Section 32 evaluation contains a

level of detail that reflects this.

4.4 Assessment of the Options

When determining the most appropriate way to progress a number of relatively

minor changes to the District Plan the following options were considered:

Option 1: Do Nothing Option – leave the District Plan as it is

Option 2: Amend the existing District Plan provisions via a Miscellaneous Plan

Change

A brief analysis of both options is provided below and a discussion to confirm the

preferred option follows.

4.4.1 Option 1 Do Nothing Option – leave the District Plan as it is

Advantages/Benefits Disadvantages/Costs

• No costs associated with preparing a

plan change and potential appeals.

• Does not improve the usability of

the Plan or encourage its consistent

administration.

• Existing known errors, duplications

or gaps continue to cause problems

for Plan users.

• Outdated and inconsistent

information continues to be

referenced in the Plan.

4.4.2 Option 2 Amend the existing District Plan provisions via a Miscellaneous Plan

Change

Advantages/Benefits Disadvantages/Costs

• Will help improve the usability of

the Plan and encourage its

consistent administration.

• Existing known errors, duplications

or gaps are fixed/removed.

• Outdated and inconsistent

information is replaced.

• Costs associated with preparing a

plan change and potential appeals.

• As the items covered are minor in

nature, it is likely to pass through

the plan change process with

limited opposition.

4.4.3 Discussion and Preferred Option

The main benefit of Option 1 (i.e. the ‘do nothing’ option) is that there are no costs

to the community associated with developing and progressing amendments to the

District Plan (i.e. developing the plan change, advertising for and processing

submissions, holding a hearing, dealing with appeals, etc.).

However, the ‘do nothing’ approach fails to recognize that District Plans are not

static documents and must be able to effectively respond to issues, changed

situations or inaccuracies as they arise. While the matters outlined in the

Miscellaneous Plan Change are relatively minor in nature, fixing them will help

improve usability of the District Plan and help to ensure consistent administration.

To do nothing would continue the current situation where existing errors,

inconsistencies and outdated information continue to cause interpretation and other

problems for Plan users.

Conversely, the main benefit of Option 2 (i.e. amending the District Plan via the

Miscellaneous Plan Change) is that the District Plan is changed and updated to

improve usability and to help ensure consistent administration. Known errors,

inconsistencies and outdated information would be changed which would reduce

the risk of interpretation and other problems for Plan users.

Whilst there are costs to the community associated with developing and progressing

amendments to the District Plan (as outlined above), there are also potential costs

and risks associated with having a District Plan with known errors, inconsistencies

and outdated information. On balance, it is considered that costs associated with the

proposed changes should be manageable given the largely administrative nature of

the Plan Change and the ability to hold or withdraw specific items if they become

controversial.

In light of the above the preferred option is to progress the proposed plan change,

preferably in as short a time frame as possible (while complying with statutory

processes and timeframes). This option would result in an improved and updated

District Plan for Hauraki that is more accurate, up-to-date and easier to use.

5 EFFICIENCY AND EFFECTIVENESS OF THE PROVISIONS IN THE PROPOSAL

As noted above, Proposed Plan Change 4 is an ‘omnibus proposal’ in that it gathers a

large number of disparate items into one place for consideration and amendment

through the plan change process.

For the purpose of undertaking a section 32 assessment that is relative to the scale

of each item, the 130 plan change items have each been assessed and categorised

into one of the following categories.

5.1 Very minor: Items to correct minor errors, cross references, improve definitions

and consistency, update maps, references to legislation, etc.

The items that fall within this category are: 2, 3, 7, 15, 17, 18, 20, 21, 22, 25, 27, 29,

30, 31, 33, 39, 39a, 42, 43, 51, 51a, 51b, 53, 56, 61, 61a, 61b, 62, 65, 66, 68, 71, 73,

76, 77, 78, 85, 86, 87, 88, 89, 90, 91, 92, 101a, 102, 109, 110, 114, 115, 117.

Given the very minor nature of these proposed changes, the ‘reason’ noted

alongside the proposed change in Proposed Plan Change 4 is considered adequate

for the purposes of satisfying s32 requirements of the RMA.

5.2 Minor: Items to make amendments to improve Plan consistency, clarity and

administration (notably, provisions relating to Plan Change 1).

The items that fall within this category are: 1, 4, 5, 8, 9, 10, 11, 12, 13, 14, 19, 20a,

20b, 23, 24, 32, 34, 35, 36, 37, 38, 39b, 39c, 39d, 39e, 40, 41, 44, 45, 46, 47, 49, 50,

51c, 52, 53a, 54, 55, 55a, 57, 58, 59, 60, 61c, 63, 64, 72, 74, 79, 80, 81, 82, 83, 84, 94,

95, 96, 97, 98, 99, 100, 101, 103, 104, 105, 106, 107, 108, 111, 112, 116.

Plan Change 1 (operative 16 September 2019) introduced provisions for ‘Minor

Dwelling Units’ and ‘Additional Dwellings’ and amended the Rules in Section 7.8

Excavation and Placement of Fill (Earthworks).

Since that time it has been found that implementation of the amended and new

provisions is difficult. The wording of the amendments, and/or their location within

the District Plan, has led to uncertainty for Plan users – for a number of reasons –

duplication, contradictory provisions, cross references needed, consequential

amendments not having been undertaken, incorrect cross references, etc.

Forty three of the items in Proposed Plan Change 4 address these issues.

The intention of the amendments made by Plan Change 1 has been retained, while

the provisions relating to them have been reworded and/or relocated to provide

clarity and certainty for Plan users.

Given the minor nature of these proposed changes, the ‘reason’ noted alongside the

proposed change in Proposed Plan Change 4 is considered adequate for the purposes

of satisfying s32 requirements of the RMA.

5.3 Other: Items requiring Section 32 assessment (effectiveness and efficiency)

There are a relatively small number of items where it is considered assessment is

required to satisfy s32 requirements of the RMA. These items are as follow:

5.3.1 Item 6: Definition of ‘Freedom Camping’; Item 11: Definition of ‘Passive Recreation

Activities’; Item 16: Definition of ‘Temporary Uses and Buildings’ and other

associated provisions (Items 26, 28, 67, 69 and 70)

Through PPC4 the Council is proposing to insert a new definition into the District

Plan (the definition of ‘Freedom Camping’ from the Freedom Camping Act 2011) as

Item 6 and to amend the definition of “Temporary Uses and Buildings” (Item 16) by

including an additional clause, clause (d) as follows:

“freedom camping (responsible camping) on formed public roads and other

(non-reserve) land owned or controlled by Hauraki District Council, limited in

the rural area to a one night stay”.

Amendments are also proposed in the Conservation (Indigenous Forest) Zone,

Conservation (Wetland) Zone, Paeroa Flood Ponding Zone, Martha Mineral Zone and

the Golden Cross Mineral Zone where provision is not currently made for Temporary

Uses and Buildings – specifically those meeting part (d) of the definition.

Effectiveness Assessment:

Two options have been considered in relation to Item 6, Item 11 and Item 16 and

other associated provisions (Items: 26, 28, 67, 69 and 70):

Option 1: Do Nothing (i.e. retain the existing District Plan provisions and do not

provide for freedom camping) or

Option 2: Amend the Provisions as Proposed via Item 6, Item 11, Item 16 and other

associated provisions (Items: 26, 28, 67, 69 and 70) to provide for freedom camping

The changes that are being proposed to the District Plan - to provide for freedom

camping (responsible camping) on formed public roads and other (non-reserve) land

owned or controlled by Hauraki District Council - are being promoted concurrently

with changes being proposed to Council’s Responsible Freedom Camping Bylaw

prepared under the Freedom Camping Act 2011.

Essentially the decision has been taken to make the Council Bylaw the primary

mechanism of control for Freedom Camping in the District whereby resource

consent will not be required to be obtained for freedom camping on areas [of

formed public road or other non-reserve land controlled by HDC] outside those areas

identified as ‘prohibited’ for freedom camping.

While preparing the Bylaw the Council has thought about possible reasons for

prohibiting or restricting freedom camping for reasons such as:

• For protecting the area e.g. to protect indigenous flora and fauna or historic

sites.

• For health and safety reasons e.g. public toilet availability, crime, littering,

etc.

• To protect access to the site e.g. use of boat ramps, access to beaches, etc.

The suggested amendments as proposed through Items 6, 11 and 16 (and other

associated provisions) is seen to be the most effective option given that the Council

Bylaw is more easily amended, administered and enforced (via education, the issuing

of infringements/fines and, if needed, prosecution) than the District Plan – via the

requirement to obtain resource consent.

This evaluation will continue to be refined in relation to any consultation that occurs,

and in relation to any new information that may arise, including through submissions

and during hearings as per Section 32AA of the RMA.

Efficiency Assessment:

The following table presents an assessment of the costs and benefits of the effects

that are anticipated from implementing Option 2: Amend the Provisions as Proposed

via Item 8, Item 11 and Item 16, and other associated provisions, to provide for

freedom camping:

Effects Costs Benefits

Environmental Added safeguard of requiring a

resource consent taken away.

Avoids potential overlap and

duplication between bylaw and the

District Plan.

Bylaw more easily amended,

administered and enforced than the

District Plan (more nimble).

Economic None identified. None identified.

Social None identified. None identified.

Cultural None identified. None identified.

Economic Growth None identified.

None identified.

Employment None identified.

None identified.

In summary, it is more efficient to just have one regulatory tool to manage and

control freedom camping. The Council has decided that the Council Bylaw should be

the primary mechanism of control for Freedom Camping in the District and therefore

the District Plan needs to be amended to avoid duplication and inefficiency.




5.3.2 Item 64: Town Centre Zone; Zone Development Standards – Pedestrian Frontage;

Percentage of Clear Glass Windows

The intention of Item 64 is to amend the permitted, controlled and restricted

discretionary activity parameters for the Zone Development Standard for Pedestrian

Frontage so that new buildings in the Town Centre Zone are required to continue to

comply with the standard, that is

“… at least 75% of the façade of the ground floor wall facing the street

comprising clear glass, capable of being used for the display of goods and

services to passing pedestrians.”

The proposed amendment is intended to close a ‘loophole’ whereby a complying

building can be built and then subsequently modified to avoid the rule, thereby

defeating its purpose – to maintain pedestrian ambiance through open and

interesting building facades.


Two options have been considered in relation to Item 64:

Option 1: Do Nothing (i.e. retain the existing District Plan provisions) or

Option 2: Amend the Provisions as Proposed via Item 64

It has been observed that the current provision in the District Plan is not working as

was intended. There are examples of buildings being retrofitted in a way that is not

consistent with the requirement to maintain at least 75% of the façade of buildings

facing the street in clear glass so that they may be used for the display of goods and

services to passing pedestrians.

The Objective and associated Policy in the Town Centre Zone of most relevance to

Item 64 is:

Objective 2: To provide for a safe, convenient, pleasant and environmentally

friendly environment for business, shopping and community activities.

Policy (a)(v): Ensure that a continuity of display window frontage is

maintained in the main pedestrian areas.

The suggested amendment as proposed through Item 64 is seen as being a simple

and effective way to amend the District Plan so that the above (existing) Objective

and Policy are better able to be achieved.






that are anticipated from implementing Option 2 - Amend the Provisions as

proposed via Item 64:


Environmental None identified.

Help encourage attractive and

interesting main street.

Help encourage pedestrian

engagement and interaction.

Economic Some developers may not want to

comply – leading to elevated

consent requirement/cost (i.e.

from permitted activity to a

restricted discretionary activity).

The permitted activity standards

enable developers to comply at the

time of building without the need

for consent/additional cost.

Social None identified. Help encourage vibrant and

interesting town centres.

Cultural None identified.

Help encourage vibrant and

interesting town centres.


None identified.


None identified.

In summary, the suggested amendment seems to be an efficient way to achieve the

existing objective and policy in the District Plan.




5.3.3 Item 75: Schedule of Historic Heritage Inventory – Areas of Significance to Maori;

Map 31 Ngati Koi Domain/Black Hill

The intention of Item 75 is to amend the Schedule of Historic Heritage Inventory –

Areas of Significance to Maori to include the Ngati Koi Domain/Black Hill.

The Ngati Koi Domain is 54.12ha in size and is currently owned and administered by

Hauraki District Council as reserve land. The land is zoned ‘Reserve (Passive)’ with an

area of 30.94ha identified as ‘protected’ Significant Natural Area (T13P165) and a

smaller area of 0.6ha identified as ‘unprotected’ Significant Natural Area

(T13UP165A). In addition, an archaeological site is identified on Planning Map 31

and there are a number of trees identified within the Schedule of Significant Trees

via notations TR085 (twenty oak trees) and TR133 (row of oak trees).

The Council received a request from Ngati Tara Tokanui to identify the Ngati Koi

Domain as an ‘Area of Significance to Maori’ on the Council’s Schedule of Historic

Heritage Inventory in the District Plan. Site specific information was provided to

support the listing including information on a battle site, papakainga and an

adjoining urupa.


Two options have been considered in relation to Item 75:

Option 1: Do Nothing (i.e. Do not identify Ngati Koi Domain as an Area of Significance

to Maori) or

Option 2: Amend the Provisions as Proposed via Item 75 (i.e. Identify Ngati Koi

Domain as an Area of Significance to Maori).

It is noted that the Objective and associated Policy in the Historic Heritage section of

the District Plan that is of most relevance to Item 75 is:

Objective 3: To recognise and protect sites of significance to Maori.

Policy (a)(i): Identification and protection, in consultation and partnership

with local iwi, of sites of significance to Maori.

The suggested amendment as proposed through Item 75 is seen as being justified in

terms of significance to iwi and it is anticipated that the inclusion of the site will help

lead to increased recognition of a site of significance to Ngati Tara Tokanui.






that are anticipated from implementing Option 2 - Amend the Provisions as

proposed via Item 75:


Environmental None identified.

Increased (and more specific)

recognition of a site of significance

to tangata whenua.

Additional planning protections to

those already in place.

Economic Limited – existing planning

provisions (e.g. SNAs) already

require resource consent to be

obtained for many activities.

None identified.

Social None identified.

None identified.


Increased (and more specific)

recognition of a site of significance

to tangata whenua.

Increased awareness of historical

significance of the site.


None identified.


None identified.

In summary, the suggested amendment has been requested by tangata whenua, is

supported by relevant information and is an efficient way to achieve an existing

objective and policy in the District Plan.




5.3.4 Item 6a and Item 93: Hazardous Substances and Contaminated Land

Item 93 of PPC4 proposes to delete those parts of Section 7.7 (Hazardous Substances

and Contaminated Land) of the District Plan that relate to the use and storage of

hazardous substances, leaving the balance of Section 7.7 to deal with the disposal of

hazardous substances, and matters relating to contaminated land, dealt with via the

National Environmental Standard (NES) for Assessing and Managing Contaminants in

Soils.

The proposed deletion of the provisions relating to the use and storage of hazardous

substances in the Hauraki District Plan originated from an enquiry in April 2019. The

enquiry related to the application of Rule 7.7.10(1)(a) whereby the location of any

hazardous facility in a zone not specified in the Hazardous Facilities Screening

Procedure (HFSP) Consent Status Matrix (in section 7.7.12(5)) of the Plan would

become a non-complying activity, with reference to 7.7.12(4).

The Consent Status Matrix does not specifically make provision for the Martha

Mineral Zone or the Golden Cross Mineral Zone, ‘custom built‘ zones to

accommodate mining activities and as such, the use or storage of hazardous

substances within these zones became a non complying activity. This is seen as an

anomalous situation when, for example, the Rural Zone (which provides for mining

operations as a discretionary activity) provides a lesser activity status for a hazardous

facility, that of a discretionary activity. In addition, facilities for the disposal of

hazardous substances is a restricted discretionary activity in the Rural Zone.

Notwithstanding the above, it is also noted that s31(1)(b)(ii) of the RMA has been

repealed (by the Resource Legislation Amendments Act 2017) and preventing or

mitigating any adverse effects of the storage, use, disposal or transportation of

hazardous substances are no longer explicit functions of territorial authorities. The

guidance material issued by the Ministry for the Environment does however note:

“Councils still have a broad function of achieving integrated management,

and may use this function to place extra controls on hazardous substance use

under the RMA, if existing HSNO or Worksafe controls are not adequate to

address the environmental effects of hazardous substances in any particular

case (including managing the risk of potential effects on the local

environment).”


Four options have been considered in relation to Item 93:

Option 1: Do Nothing (i.e. Retain the Hazardous Substances provisions in

Section 7.7 of the District Plan)

Option 2: Delete all of the Hazardous Substances provisions contained in

Section 7.7 of the District Plan

Option 3: Delete only those provisions in Section 7.7 of the District Plan dealing

specifically with the use and storage of hazardous substances

Option 4: Amend the Consent Status Matrix in Section 7.7.12 to provide for

other zones.

As noted above, the Resource Legislation Amendment Act 2017 (RLAA) removed the

explicit function of territorial authorities under s31 to control the adverse effects of

the storage, use, disposal and transportation of hazardous substances. The purpose

of the amendment was to ensure RMA controls do not duplicate controls in the

Hazardous Substances and New Organisms Act 1996 and the Health and Safety at

Work Act 2015 (both of which have also been subject to consequential amendment

following the RLAA).

RLAA also introduced a ‘procedural principle’ to ensure that council plans include

only matters relevant to the purpose of the RMA (s18A). The RLAA did not however

amend the overriding purpose of territorial authorities under the RMA (31(1)(a)),

namely:

“the establishment, implementation, and review of objectives, policies, and

methods to achieve integrated management of the effects of the use,

development, or protection of land and associated natural and physical

resources of the district”

Whilst councils retain a broad power under the RMA to manage hazardous

substances through their plans to achieve the purpose of the RMA and to carry out

the function of integrated management of natural and physical resources in their

district, the expectation is that this should only be exercised where the potential

environmental effects are not adequately addressed by other legislation.

To help determine the effectiveness of the current hazardous substances provisions,

discussions were had with Council planners and the previous Regulatory Services

Manager (now retired) of Council.

The feedback was that the hazardous substances provisions (specifically those

relating to use and storage) are difficult to understand (with no in-house staff

expertise) and are hardly ever used. It was also observed that when the provisions

are used, the thresholds in the Consent Status Matrix (in section 7.7.12(5) of the

Plan) are set so high that the need for consent is not triggered or, as is the case in

the Martha Mineral and Golden Cross Mineral zones, the thresholds do not reflect

the nature of activities occurring/intended to be provided for. The general feeling

was that if other mechanisms are in place to regulate hazardous substances then, if

possible/ appropriate, those mechanisms should be used.

In relation to the disposal of hazardous substances, it was observed that the Hauraki

District is in a strategic location in the top half of the North Island (between

Auckland, Hamilton and Tauranga). The District has been, and could again be, subject

to proposals/resource consent applications involving the disposal of hazardous

substances – activities such as waste incinerators, tailings storage facilities and co-

disposal of hazardous substances to a landfill. In light of this, it was considered useful

to retain provisions in the District Plan relating specifically to the ‘disposal’ of

hazardous substances.

If all of the hazardous substances provisions were deleted from Section 7.7, but it is

considered relevant resource management issues remain, then provisions for dealing

with the disposal of hazardous substances (and transportation to hazardous

substances disposal facilities) would need to be reproduced somewhere else in the

Plan. This would more than likely lead to additional provisions in the Rural, Martha

Mineral and Golden Cross Zones, together with various consequential changes to

existing provisions (e.g. introduction of a new activity ‘hazardous substances disposal

facility’, review of objectives and policies, additional matters of discretion, etc.).

With regard to the ‘transportation’ of hazardous substances, it is noted that

amendments are proposed to Section 7.7, specifically to Objective 1, to ‘tighten’ the

focus to the transportation of hazardous substances to the disposal site – looking

specifically at road capacity and transportation routes. This aspect is important

particularly where hazardous substances disposal facilities serve broad catchments

involving areas beyond the District boundaries. The provisions are not concerned

with load security issues, which are a Health and Safety at Work Act/Police matter. It

is considered useful to retain the provisions in the District Plan relating to the

transportation of hazardous substances.

In summary, the RLAA sent a clear message that councils should re-evaluate their

hazardous substances provisions to determine if they are necessary to deal with any

potential environmental effects not covered by other legislation. The expectation

was that provisions that cannot be justified should be removed.

In the case of Hauraki District, it seems that provisions relating to the use and

storage of hazardous substances cannot be justified and should be deleted.

Provisions relating to the transportation and disposal of hazardous substances can

be justified and should be retained. In this respect, Option 3 (i.e. Delete only those

provisions in Section 7.7 of the District Plan dealing specifically with the use and

storage of hazardous substances) is the preferred option.






that are anticipated from implementing Option 3 (Delete only those provisions in

Section 7.7 of the District Plan dealing specifically with the use, storage and

transportation of hazardous substances) as proposed via Item 93:


Environmental Possible confusion (slight risk) as

inconsistent approach to

management of hazardous

substances disposal facilities when

compared with other activities in

the Plan.

Removal of District Plan provisions

relating to the use and storage of

hazardous substances that are

difficult to understand and

implement (no in-house expertise),

and which are covered by other

legislation.

Retention of provisions that deal

with the disposal of hazardous

substances that could be associated

with proposals/resource consent

applications in Hauraki District.

Retain consideration of hazardous

substances disposal sites as a

Restricted Discretionary activity in

the Martha Mineral, Golden Cross

Mineral and Rural Zones with

matters for discretion including RMA

aspects relating to the

transportation of hazardous

substances to these sites for

disposal.

A more streamlined District Plan

(than at present) that helps Council

achieve the integrated management

of the natural and physical

resources of the Hauraki District.

Economic None identified. Reduced possibility of duplication of

process and associated costs.

Increased certainty for resource

consent applicants.


None identified.

Cultural None identified. None identified.


None identified.


None identified.

In summary, deletion of the provisions of Section 7.7 of the Hauraki District Plan that

deal with the use and storage of hazardous substances, whilst retaining the

provisions relating to the transportation and disposal, seems efficient and sensible

given legislative changes that have been made in recent years and the desire to

streamline and simplify planning processes – whilst achieving integrated

management of the natural and physical resources of the Hauraki District.




5.3.5 Item 113: Rezone Section 1 SO 55835, Queen Street, Paeroa (Valley Brakes) and

Item 116: Rezone Lot 6 DP 19807, corner of Princes Street and Arney Street, Paeroa

Item 113 proposes to rezone Section 1 SO 55835, Queen Street, Paeroa (previously

occupied by Valley Brake Centre – Brake and Clutch Repairs) from Rural Zone to

Town Centre Zone.

Item 116 proposes to rezone Lot 6 DP 19807, corner of Princes Street and Arney

Street, Paeroa (occupied by a Council car park) from Rural Zone to Town Centre

Zone.


Two options have been considered in relation to Items 113 and 116:

Option 1: Do Nothing (i.e. Retain the zoning as Rural Zone) or

Option 2: Rezone the properties from Rural Zone to Town Centre Zone.

The Objective and associated Policies in the Town Centre Zone section of the District

Plan that is of most relevance to Item 113 and 116 is:

Objective 1: To ensure the development of business, retail and community

activities and associated transport networks do not create a detrimental

effect on the amenities of adjoining areas or lead to wasteful use of resources

(especially land and infrastructure).

Policy (a)(i): Consolidate business, retail and community facilities and

activities within the areas presently used for and recognised as the “town

centre”.

Policy (a)(ii): Allow for development of extensions to the town centres in areas

which add “depth” to the town centre.

Item 113: Section 1 SO 55835 is located approximately 100m from the main street of

Paeroa, has an existing building on it and has previously been used for service

industrial activities (i.e. Valley Brake Centre – Brake and Clutch Repairs). The

property currently appears to be used for depot/storage purposes.

The property is surrounded on three sides by properties zoned Town Centre Zone

with Rural Zoned land generally to the southwest (see the map below). The Rural

zoned land, including the subject property, is within designation M1 - administered

by the Waikato Regional Council for Soil Conservation & River Control purposes.

The presence of M1 on Section 1 SO 55835 appears to be an anomaly/error in that,

unlike neighbouring properties within M1, it is privately owned land and does not

appear to be used or needed for river control purposes. The extent of M1 can be

revisited at the time of the next Plan review and, in the meantime, operation of the

designation is unaffected.

The current owner has previously made enquiries to Council about the possible use

of the property for town centre type uses in conjunction with the Hauraki Rail Trail

(i.e. café, cycle depot, etc.). The recent announcement and works to re-create a

wharf at Wharf St is also likely to lead to enquiries and opportunities for town centre

type development of the site.

Item 116: Lot 6 DP 19807 is located on the corner of Princes Street and Arney Street,

approximately 60m from the main street of Paeroa and has largely been formed as a

carpark which is used in conjunction with surrounding town centre activities, with

the formed road occupying the south western corner.

The property is adjoined on two sides by properties zoned Town Centre, with Rural

Zone land generally to the west and unformed road to the south (see the map

below).

The Rural zoned land, including the subject property, is within designation M1 -

administered by the Waikato Regional Council for Soil Conservation & River Control

purposes.

While being higher ground, adjacent to and originally part of the landward

downslope of the stopbank, Lot 6 is largely on the opposite side of the formed road -

which encroaches on the south western corner of the Lot.

Its use as a carpark and road has no adverse effects on the stopbank – having been

authorised by the Waikato Regional Council and its predecessor (Hauraki Catchment

Board) as owner.

In summary, it seems a logical decision to rezone Section 1 SO 55835, Queen Street,

Paeroa and Lot 6 DP 19807 from Rural to Town Centre Zone.






that are anticipated from implementing Option 2 - Rezone the property from Rural

Zone to Town Centre Zone:


Environmental None identified – operation of

designation M1 will be unaffected.

A logical (although minor) extension

to the Town Centre Zone of Paeroa.

Consistency with Objective 1 (and

associated policies) of the Town

Centre Zone.

Economic None identified. Potential opportunities for

economic development associated

with the Hauraki Rail Trail and the

Wharf St redevelopment.


None identified.


None identified.


None identified.


None identified.

In summary it seems logical and efficient to propose to rezone Section 1 SO 55835,

Queen Street, Paeroa from Rural to Town Centre Zone.




6 AMENDMENTS TO THE DISTRICT PLAN

6.1 Details of changes to be made to the Proposed District Plan:

The proposed changes to be made to the District Plan text are shown in Appendix 1:

1. Words proposed to be deleted from the District Plan are shown as bold and

struck through. An example of this is:

Hauraki District

2. Words proposed to be added to the District Plan are shown as bold and italicised.

An example of this is:

Hauraki District

3. There will be some instances where words are proposed to be deleted and added

within the same sentence. An example of this is:

The Hauraki District Council has maintains a high standard of …

Note: There may also be consequential re-numbering of Plan sections/sub-

sections as a result of the proposed changes.

Appendix 1

Proposed Plan Change 4 (PPC 4)

APPENDIX 1 Proposed Plan Change 4 (PPC4) to the Hauraki District Plan (Hauraki Section), Operative 2014

Provisions subject to change – Item 1 to Item 117

Text proposed to be deleted shown as bold strikethrough, proposed additional text shown in bold italics.

Item # Plan Section Amendment Proposed Reason for Proposed Amendment

1 4

Definition of “90

Percentile Car Tracking

Curve”

Amend the definition as follows:

8590 Percentile Car Tracking Curve

Means an area free from any obstacles for an 8590 percentile

car to manoeuvre in and out of a parking/drop off space in

accordance with the 8590 Percentile Car Tracking Curve

Diagram in the document titled ‘AS/NZS 2890.1 Parking

Facilities (Figure B5 Example of the B85 Design Template –

5.8m Radius Turn’ NZ On Road Tracking Curves’, Land

Transport NZ 2007, as shown in Attachment 1.

Make other consequential changes (e.g. in sections 8.4.4.1(4),

8.4.4.3(1)(a), etc.) to align wording as a result of proposed

changes (i.e. the change from 90 percentile car to a 85

percentile car).

The current definition refers to the document titled “NZ On Road

Tracking Curves, Land Transport NZ 2007”.

However, this only includes truck tracking curves and a

replacement standard is therefore required.

Reference to the 85 percentile car tracking curve is appropriate

given the possibility of reduced section sizes through Plan

Change 1 and feedback from the Council’s Development

Engineer that a smaller tracking curve makes sense given

reduced car size and tighter turning ability in modern cars.

2 4

Definition of “Certificate

of Title”


Certificate of Title means Certificate of Title in terms of the

Land Transfer Act 1952 2017, excluding:

(a) a composite Certificate of Title for tenancy-in-common

and leasehold estate;

(b) a Certificate of Title for tenancy-in-common interest,

which is less than the whole of the estate in the land

described in the Certificate of Title;

(c) a Certificate of Title for a stratum estate in terms of the

Unit Titles Act 2010.

The replacement of the Land Transfer Act 1952 with the Land

Transfer Act 2017 and the renaming of Certificates of Title need

to be reflected in the District Plan.

Note: for the purposes of this Plan, reference to a Certificate

of Title is equivalent to reference to a Record of Title.

3 4

Definition of

“Commercial Service”


Means the provision of goods, services and traveller's

accommodation principally for commercial gain, including

camping grounds, caravan/trailer home parks, self storage

unit facilities, a depot for the maintenance, repair and

storage of vehicles, machinery, equipment and materials and

the storage and use of hazardous substances but does not

include produce stalls or markets.

The definitions of “commercial service” and “industrial activity”

have created uncertainty about which “self-storage unit

facilities” and “maintenance, repair and storage of vehicles,

machinery, equipment and materials” fit under. This is a

particular issue for the Rural Zone and Coastal Zone within which

“commercial services” and “industrial activity” have a different

activity status (in parts, and the whole of the Zone, respectively).

In conjunction with Item 7, this amendment is to provide

clarification.

4 4

Definition of

“Comprehensive

Residential

Development”


Means a residential development, including shared

accommodation, apartment buildings and individual

dwellings, and includes open space, shared internal access,

and may include shared open space and ancillary facilities for

the exclusive use of the residents such as medical and nursing

care, recreation and leisure, communal dining or other

communal facilities. Comprehensive Residential

Developments include community housing, housing for the

elderly, retirement villages, housing for the physically and

mentally challenged but do not include camping grounds or

motor camps.

It is anticipated that larger scale comprehensive residential

developments may include shared open space and ancillary

facilities of the type listed. However, small scale comprehensive

residential developments are also possible – minimum net lot

area required being 2000m2. It is unlikely that shared open

space and ancillary facilities will be required for developments of

3 or 4 dwellings. The wording of the definition needs amending

to make it clear that such shared open space and ancillary

facilities are optional.

5 4

Definition of “Daylight

Control/Daylighting”


Daylight Control / Daylighting

Means a building envelope created from a line commencing 2

metres vertically above each relevant boundary and

projecting into the site or zone at a 45o angle up to the

maximum permitted height.

The ‘Daylight Control/Daylighting’ provisions of the Hauraki

Section of the District Plan are intended to ensure adequate

minimum daylight standards (or solar access) for the residents of

neighbouring residential properties.

There are other provisions in the District Plan to deal with other

but related aspects of residential amenity (e.g. height of

buildings, yards, maximum site coverage, minimum lot size, etc.).

For the purpose of the daylight control, the holding, site or

property boundary, or zone boundary, shall be the lot

boundary, or the centreline of an adjoining internal access,

vehicle access strip or drainage reserve. Spouting and

guttering is not considered part of the building unless it

incorporates the barge board.

Given that the daylight control provisions of the District Plan are

focussed upon ensuring adequate minimum daylight standards

for the residents of neighbouring residential properties, and

there will not be any buildings (with the potential to block

daylight) on land used as a vehicle access strip, it seems

appropriate to also exclude ‘vehicle access strips’ (as permanent

open space) from the definition of ‘Daylight Control/Daylighting’

as proposed.

6 4

Definition of “Freedom

Camping”

Add the following definition to Section 4:

* Freedom Camping (responsible camping) (refer to s5

Freedom Camping Act 2011)

(1) In this Act, freedom camp means to camp (other than

at a camping ground) within 200 m of a motor vehicle

accessible area or the mean low-water springs line of

any sea or harbour, or on or within 200 m of a formed

road or a Great Walks Track, using 1 or more of the

following:

(a) a tent or other temporary structure:

(b) a caravan:

(c) a car, campervan, housetruck, or other motor

vehicle.

(2) In this Act, freedom camping does not include the

following activities:

(a) temporary and short-term parking of a motor

vehicle

The Council wishes to amend its Freedom Camping Bylaw and to,

in general (on Council owned and controlled roads and land),

have this activity provided for without a resource consent having

to be obtained under the District Plan.

(b) recreational activities commonly known as day-

trip excursions:

(c) resting or sleeping at the roadside in a caravan or

motor vehicle to avoid driver fatigue.

Note: Reference must also be made to Council’s freedom

camping bylaw.

6a 4

Definition of

“Hazardous Facility”


Means all activities involving disposal of hazardous

substances, including their transportation only within the

site, where these substances are used, stored, handled or

disposed of.

It does not include:

(a) the incidental disposal use and storage of hazardous and

environmentally damaging substances in minimal

domestic scale quantities.

This is a consequential change from the amendments proposed

to Section 7.7 Hazardous Substances and Contaminated land, in

Item 93.

7 4

Definition of “Industrial

Activity”


Means any land, building or part of a building used for the

processing, assembly, servicing, testing, repair, packaging,

storage or manufacture of a product or produce, including

the maintenance, repair and storage of vehicles, machinery,

equipment and materials used in conjunction with this

activity, and includes industrial training activities, and the

storage and use of hazardous substances associated with an

industrial activity, but does not include mineral extraction.

The definitions of “commercial service” and “industrial activity”

have created uncertainty about which “self-storage unit

facilities” and “maintenance, repair and storage of vehicles,

machinery, equipment and materials” fit under. This is a

particular issue for the Rural Zone and Coastal Zone within which

“commercial services” and “industrial activity” have a different

activity status (in parts, and the whole of the Zone, respectively).

In conjunction with Item 3, this amendment is to provide

clarification.

8 4

Definition of “Minor

Dwelling Unit”


Means a self-contained residential unit that is ancillary to

the principal dwelling (or an additional dwelling) and is held

in common ownership with the principal dwelling (or an

Plan Change 1 (operative 16 September 2019) introduced the

provisions for “Minor Dwelling Units”.

additional dwelling) on the same site, which can be

attached to the principal dwelling (or an additional

dwelling) or be a detached stand-alone building

Means a self-contained residential unit which:

(i) has a maximum gross floor area (excluding associated

decks to be used for outdoor recreation and associated

accessory buildings) of:

a) 50m2; or

b) 60m2 when LifemarkTM Design Certified, or

another certification acceptable to Council to

demonstrate that the minor dwelling unit is

designed to be functional for elderly and/or

disabled occupants.

NOTE: To qualify for LifemarkTM Design

certification, minor dwelling units are required to

be designed in accordance with, and assessed

against, the LifemarkTM Design Standards and

must achieve at least the entry-level “3-star”

rating. For further information refer to:

www.lifemark.co.nz or www.hauraki-dc.govt.nz;

and;

(ii) is ancillary to a dwelling on the same site; and;

(iii) is held in common ownership with the dwelling on the

same site.

(iv) can be attached to the dwelling or be a detached stand-

alone building.

(v) may only have associated with it a single

garage/carport and a garden shed. The total roof area

of the garage/carport and garden shed shall be no

greater than 25m2.

It makes better sense for the elements of the definition that

apply to minor dwelling units throughout the relevant zones to

be included in the definition in Section 4 of the Plan.

This helps provide clarity for Plan users when determining

activity status for minor dwelling units as opposed to additional

dwellings.

9 4


Development standards are provided in the Hauraki Section of

the District Plan to control maximum site coverage in different

Definition of “Net Site

Area”

Net Site Area

Means the area of a site that contains the development

and/or activity and any outdoor living court, service court,

vehicle parking and manoeuvring space required by the

District Plan and which is for the exclusive use of the

development and/or activity, but shall exclude any communal

open space, communal parking and any internal access or

vehicle access strip.

zones – to limit the scale and intensity of building development

to a level appropriate to the character and amenity of the area.

The current definition of ‘Net Site Area’ excludes internal

accesses (e.g. rights of way) but not vehicle access strips/legs

serving a single dwelling. This has an unintended consequence in

the calculation of site coverage, providing for excessive site

coverage for single rear lots.

For example, a rear lot (zoned Residential) of 400m2 + a 100m2

vehicle access strip can have a maximum site coverage of 175m2

(@35% site coverage of 500m2), compared to 140m2 maximum

site coverage if the 100m2 vehicle access strip is excluded).

For the sake of completeness, the definition of ‘Vehicle Access

Strip’ included in the District Plan is as follows:

“Vehicle Access Strip

Means, in relation to a rear site, that strip of land extending from

the street frontage to that site, of minimum specified width and

for the permanent and legal use of that site only, for ingress and

egress.”

The proposed change is considered appropriate to protect

residential amenity values.

10 4

Definition of “Patio”


Patio

Patio (in relation to outdoor living areas) means a level

paved or concreted area at ground level with direct access

from the dwelling.

The amendments proposed to the definition of ‘Outdoor Living

Area’ (Item 14) require the definition of some of the terms – to

ensure certainty for users of the District Plan.

11 4

Definition of “Passive

Recreation Activities”


This is a consequential amendment resulting from the proposed

inclusion of a definition of “Freedom Camping” (Item 6) and

provisions to enable freedom camping on Council owned and

controlled roads and land.

“Means any recreation activity … and also excludes any

organised sport and freedom camping (responsible

camping). It includes …”.

12 4

Definition of “Terrace”


Terrace (in relation to outdoor living areas)

Means a level area of land, existing naturally, or created for

the purpose of providing an outdoor living area for a

dwelling or a minor dwelling unit.

The amendments proposed to the definition of ‘Outdoor Living

Area’ (Item 14) require the definition of some of the terms – to

ensure certainty for users of the District Plan.

13 4

Definition of

“Residential Purposes or

Activities”


Means the construction of a dwelling and any use of the

dwelling, land or other accessory buildings, for purposes

ancillary or incidental to the occupation of the dwelling

exclusively by one household for living accommodation

purposes and may include an associated minor dwelling unit

that may be occupied by a separate household.

By definition “residential activities” are the construction and use

of a dwelling.

By definition “Minor dwelling units” are not dwellings.

“Minor dwelling units” have their own definition.

Mention of “minor dwelling units” within the definition of

“residential activities” has unintended consequences and makes

interpretation of some rules difficult.

14 4

Definition of “Outdoor

Living Area”


Means an on-site outdoor area of open space for the

exclusive use of the occupants of each residential activity,

minor dwelling unit, or community house to which the space

is allocated, free of any outdoor service area, driveways,

manoeuvring areas, parking spaces, and accessory buildings.

The outdoor living area must have may include decks,

terraces and patios of a minimum dimension in all directions

of 3 metres, or 1.5m in the case of a minor dwelling units and

may include decks and terraces and shall:

(a) be directly accessible from the dwelling, minor

dwelling unit, or community house; and


provisions for ‘minor dwelling units’ and made other changes to

the rules for ‘outdoor living areas’.

However, the changes made did not fully reflect the Council’s

intensions and introduced some contradictory provisions, both

of which this amendment seek to rectify.

(b) have a slope no greater than 10o; and

(c) where terraced, each terrace shall be level and with a

minimum dimension of 3 metres, or 1.5 metres in

the case of a minor dwelling unit, and a maximum

difference in level between terraces of 1.5 metres.

A deck or patio included in the outdoor living area may be

roofed (in whole or in part), but may not be walled – except

that where it is immediately adjacent to the dwelling, or

minor dwelling unit, the walls of the dwelling or minor

dwelling unit may form no more than 2 sides of the outdoor

living area.

16 4

Definition of

“Temporary Uses and

Buildings”

Amend the definition by adding a further clause as follows:

(d) freedom camping (responsible camping) on formed

public roads and other (non-reserve) land owned or

controlled by Hauraki District Council, limited in the

rural area to a one night stay.

Note: Reference must also be made to Council’s freedom

camping bylaw.

The Council wishes to amend its Freedom Camping Bylaw to, on

Council owned and controlled roads and land, have this activity

provided for without a resource consent having to be obtained

under the District Plan.

17

4

Definition of “Yard”


Means a part of a site measured from the boundary of the

site which is required to be unobstructed by buildings from

the ground upwards except that:

…

(e) where a building line restriction is imposed (in this

District Plan) over the site, the yard shall be

measured back from the building line; and

…

In a number of situations (mainly in Whiritoa) building line

restrictions (BLRs) were registered on certificates of title for

roads that are never likely to be widened. The proposed

amendment enables Council planners to ignore BLRs registered

on CTs whilst preserving the ability to apply BLRs through the

District Plan in the future.

18 Definition of

“Allotment/Lot”


These definitions come from the Resource Management Act

1991 and the Building Act 2004, and are included in the District

Plan for information purposes only.

Definition of

“Subdivision”

Definition of “Building”

(a) Any parcel of land under the Land Transfer Act 2017

that is a continuous area and whose boundaries are

shown separately on a survey plan, whether or

not—

(i) the subdivision shown on the survey plan has

been allowed, or subdivision approval has been

granted, under another Act; or

(ii) a subdivision consent for the subdivision shown

on the survey plan has been granted under this

Act; or


(b) An application to the Register – General of Land for

the issue of a separate certificate of title record of

title in circumstances where the issue of that

certificate of title record of title is prohibited by

section 226.


Building: what it means and includes

(b) (ii) a fence as defined in section 2 of the Fencing of

Swimming Pools Act 1987 any means of restricting

or preventing access to a residential pool; and

Building: what it does not include

(b) cranes (including any cranes as defined in

regulations made under the Health and Safety in

Employment 1992 at Work Act 2015)

(g) containers as defined in section 2(1) of the

Hazardous Substances and New Organisms Act

1996 regulations made under the Health and Safety

at Work Act 2015; or

Amendments have been made to these definitions in these Acts,

and it is necessary to replace these with the current versions.

NOTE: replacement of these definitions does not need to go

through an RMA Schedule 1 process.

(h) magazines as defined in section 222 of the

Hazardous Substances and New Organisms Act

1996 regulations made under the Health and Safety

at Work Act 2015; or

19 5.1

Rural Zone

5.1.4.1

Permitted Activities P23

Amend 5.1.4.1; Permitted Activities; P23 as follows:

P23 ACCESSORY BUILDINGS ASSOCIATED WITH A MINOR

DWELLING UNIT (REFER TO ACTIVITY SPECIFIC

STANDARD 5.1.6(9)(b). 5.1.6(7) AND DEFINITION OF

MINOR DWELLING UNIT).

It is proposed that the activity specific standards for accessory

buildings associated with minor dwelling units be incorporated

into the definition of ‘Minor Dwelling Unit’ in Section 4 of the

Plan - amendment to the reference in P23 is therefore required.

This change is proposed to be made in conjunction with Item 8.

20 5.1

Rural Zone

5.1.4.3

Traffic Noise Sensitivity

addition of Restricted

Discretionary Activity

Matters

Amend 5.1.4.3; Restricted Discretionary Activities; RD1 by

including a new (4) as follows:

(4) Traffic Noise Sensitivity

a) The location of the dwelling in relation to the

formed carriageway of the state highway,

b) The location of the bedrooms and main living room

within the dwelling in relation to the formed

carriageway of the state highway,

c) The extent and location of the main glazing to

bedrooms and living areas,

d) The mitigation methods proposed – building

materials, construction method and the internal

noise level that will be achieved and

whether they are likely to avoid or mitigate potential

adverse traffic noise effects (to apply to 1 to 4 above).

e) Whether there are other design features that will

provide the required ventilation without the need

for ventilating windows or a ventilation system

Through the appeals process Traffic Noise Sensitivity rules were

added to the Zone Development Standards. To apply to depart

from these is a Restricted Discretionary Activity.

The RMA requires Restricted Discretionary Activities to be

assessed against the ‘Matters over which Council has restricted

its discretion’. Conditions can only be imposed addressing those

matters.

No matters over which Council restricted its discretion were

added to the Hauraki Section of the District Plan, these therefore

need to be added.

f) Whether the ventilation system proposed will

provide a comfortable living environment as well as

the required level of ventilation.

20a 5.1

Rural Zone

5.1.4.3

Restricted Discretionary

Activities

RD 8

Amend 5.1.4.3; Restricted Discretionary Activities; RD8 as

follows:

(9) The size, location, and use of buildings and

structures including garaging and decks to be used in

association with the minor dwelling unit.

(10) Methods to ensure compliance with Activity Specific

Standards 5.7.6(7) and the definition of minor

dwelling unit (refer to Section 4).

These are consequential changes from the amendments

proposed to be made under Item 8.

20b 5.1

Rural Zone

5.1.4.5

Non-Complying

Activities

NC1

Amend 5.1.4.5; Non-Complying Activities; NC1 as follows:

NC1 NEW BUILDINGS (INCLUDING DWELLINGS AND

MINOR DWELLING UNITS) IN THE PIAKO FLOOD

PONDING AREA.

A consequential change from the introduction of provisions for

minor dwelling units that were made via Plan Change 1. The

change was not made at the time of Plan Change 1 so needs to

be made now.

Minor dwelling units also need to be kept out of the Piako Flood

Ponding Area.

21 5.1

Rural Zone

5.1.6(4)(a)

Activity Specific

Standards; Land Subject

to Inundation as

Amend 5.1.6(4)(a) as follows:

No more than 5% of the area within the site that is subject to

inundation as identified on the planning maps shall be

covered by buildings and/or covered in an impermeable

surface or vegetation (other than grass or similar), or

otherwise made unavailable to inundation (eg. by bunding or

solid fencing), or be subject to exploration, excavation and

filling.

5.1.6(4)(a) incorrectly implies that land covered by an

impermeable surface reduces the ability of that land to be

available for inundation purposes. This is not the case as land

that is covered by an impermeable surface (e.g. concrete,

asphalt, etc.) can still be available for ponding purposes – the

water simply sits on top of the impermeable surface.

As a consequential change resulting from the above, RD2 (2)(b),

matters over which Council has restricted its discretion, will need

Identified on the

Planning Maps

and

5.1.4.3 RD2 (2)

As a consequential change, amend 5.1.4.3, RD2 (2) as follows:

(2) Earthworks/impermeable covering

(b) Whether the extension of the

impermeable covering (building and/or

hard surfaces) and access will have any

consequential inundation effects on the

remainder of the site and other sites also

subject to potential inundation and any

other adjacent sites.

and renumber the following item ‘(c)’ to ‘(b)’.

to be amended to delete reference to impermeable surfaces/

covering.

22

5.1

Rural Zone

5.1.6(2)

Activity Specific

Standards – Home

Occupations

Amend 5.1.6(2)(i) as follows:

(i) Only goods directly produced or assembled by the

home occupation may be sold or offered for sale

from the site on which the home occupation is

conducted – in accordance with the rules for

produce stalls.

A more direct link is required from the Activity Specific rule to

the definition of ‘Produce Stall’ and the rules relating to these.

The definition makes clear that the sale of the products of home

occupations from the site of production is equally a produce stall

as is the sale of fruit and vegetables etc. grown on the site. This

can be overlooked due to no direct cross reference in the Activity

Specific Standard rule.

23 5.1

Rural Zone

5.1.6(7)

Activity Specific

Standards

Amend 5.1.6(7) as follows:

(1) Dwellings, Minor Dwelling Units and additions thereto

and accessory buildings to dwellings, minor dwelling

units, farming and forestry in District Amenity

Landscape Area


provisions for “minor dwelling units”. A number of consequential

amendments were needed to other parts of the District Plan to

properly implement these. This is one such consequential

amendment that needed to be made to maintain consistency

throughout the District Plan. It was not included in Plan Change

1 and therefore needs to be made now.

24 5.1

Rural Zone




5.1.6(9)

Activity Specific

Standards

(a) A minor dwelling unit must have a gross floor area

(excluding its associated accessory buildings (see

(b) below) and its associated decks used for

outdoor recreation) of no greater than:

(i) 50m2; or:

(ii) 60m2 when Lifemark DesignTM Certified, or

has another certification acceptable to the

Council to demonstrate that the minor

dwelling unit is designed to be functional for

elderly and disabled occupants.

Note: To qualify for LifemarkTM design

certification, minor dwelling units are

required to be designed in accordance with,

and assessed against, the Lifemark Design

Standards and must achieve at least the entry-

level “3-star” rating. For further information

refer to: www.lifemark.co.nz or www.hauraki-

dc.govt.nz.

(b) A minor dwelling unit shall not have any accessory

buildings except a single garage/ carport and a

garden shed. The total roof area of the

garage/carport and garden shed associated with a

minor dwelling unit shall be no greater than 25m2.

(ca) A minor dwelling unit must be located on a site with

a net site area of no less than 2,500m2.

(db) A minor dwelling unit located on a site that is subject

to inundation as identified on the planning maps

must not result in a breach of Activity Specific

Standard 5.1.6(4).

(ec) A minor dwelling unit located in the District Amenity

Landscape Area must comply with Activity Specific

Standard 5.1.6(7).

(fd) Bulk and Location

(i) A minor dwelling unit must be located to

comply with the following Zone

It is proposed, via PPC4, to move elements of the Activity Specific

Standards for minor dwelling units from the relevant zones to

the definition of ‘Minor Dwelling Units’ in Section 4 of the Plan.



dwellings.


Development Standards for Permitted and

Controlled Activities (refer to 5.1.5(3)):

(1) Maximum height;

(2) Daylight control;

(3) Minimum Yards (Building); and:

(4) Traffic noise sensitivity.

(ii) A minor dwelling unit must be located

within 20 metres of its associated dwelling

on the same site, measured from the

closest external wall of the associated

dwelling to the closest external wall of the

minor dwelling unit.

(iii) A minor dwelling unit must share the same

vehicle entrance and driveway access as its

associated dwelling on the same site.

(ge) Domestic wastewater treatment and disposal (i) A

minor dwelling unit that is not connected to the

reticulated sewerage system must show details of

the design and lay-out of the proposed on-site

domestic effluent system including evidence that

the system either complies with the permitted

activity standards of the Waikato Regional Plan or

the terms of a site specific discharge consent.

25 5.2

Conservation

(Indigenous Forest)

Zone

5.2.4.1

Permitted Activities

Amend 5.2.4.1 (Permitted Activities) by adding an additional

bullet point as follows:

• Activity Specific Standards specified in Rule 5.2.6.

The suggested amendment would be consistent with the

approach in other zones in the Hauraki section of the District

Plan.

26 5.2

Amend 5.2.4.1, Permitted Activities by adding:


in general (on Council owned land), have this activity provided

Conservation

(Indigenous Forest)

Zone

5.2.4.1


P3 TEMPORARY USES AND BUILDINGS (MEETING PART

(d) OF THE DEFINITION).

for without a resource consent having to be obtained under the

District Plan.

27 5.3

Conservation (Wetland)

Zone

5.3.4.1


Amend 5.3.4.1 (Permitted Activities) by adding an additional


• Zone Development Standards specified in Rule 5.3.5

Amend the first bullet point as follows:

• Activity Specific Standards specified in Rule 5.3.56



Plan.

The cross reference is incorrect, it should be to Rule 5.3.6.

28 5.3


Zone

5.3.4.1




(d) OF THE DEFINITION).




District Plan.

29 5.3


Zone

5.3.4.2

Controlled Activities

Amend the first bullet point in 5.3.4.2 (Controlled Activities)

as follows:

• Activity Specific Standards specified in Rule 5.3.56

Amend 5.3.4.2 (Controlled Activities) by adding an additional


• Zone Development Standards specified in Rule 5.3.5




Plan.

30

5.3


Zone:

5.3.4.4

Discretionary Activities

Amend the first sentence in 5.3.4.4 (Discretionary Activities)

as follows:

“Those activities listed below are a Discretionary Activity and

shall be assessed against the relevant criteria in Rule 5.3.67


31 5.4

Coastal Zone

5.4.4.3

Traffic Noise Sensitivity;



Matters



Matters




























matters.



need to be added.

32 5.4

Coastal Zone

5.4.4.1

5.4.4.4

5.4.6

Activity Specific

Standards – Home

Occupations

Amend 5.4.4.1 Permitted Activities by adding:

P13 ONE PRODUCE STALL PER HOLDING

Amend 5.4.4.4 Discretionary Activities by adding:

D11 PRODUCE STALLS THAT DO NOT MEET THE

ACTIVITY SPECIFIC STANDARDS IN RULE 5.4.6(6)

Amend 5.4.6 Activity Specific Standards by adding:

(6) PRODUCE STALL

(a) No produce stall shall be operated where it

obtains its access from a state highway.

(b) The area of land or building used as a

produce stall shall not exceed 30m² in total,

excluding the area required for off-street

parking and manoeuvring.

(c) The produce stall and any land used in

conjunction with it for retail display shall be

located at least:

(i) 20m from every front boundary of the

holding;

(ii) 10m from every other boundary of the

holding;

(iii) 60 metres from an intersection with a

state highway.

(d) Activity specific standards (b) and (c) above

shall not apply to a produce stall where:

(i) the area of land or building on the

property used as a produce stall does

not exceed 2m2 in total; and

(ii) there is a minimum road seal width

adjacent to the stall, from the

centreline to the edge of the seal, of

3.0 metres; and

Currently Produce Stalls are not provided for in the Coastal Zone

as a permitted, controlled, restricted discretionary or

discretionary activity and therefore default to a non-complying

activity status.

This is not consistent with provisions in the DAL Area of the Rural

Zone where Produce Stalls are provided for as a permitted

activity, and discretionary where the activity specific standards

are not met.

Given the mainly rural nature of the Coastal Zone it is

appropriate to provide for Produce Stalls in a similar way to the

DAL Area of the Rural Zone and this is what is being proposed.

The Coastal Zone is identified as a DAL.

(iii) there is parking of a minimum width of

2.5 metres for at least one motor

vehicle, off the formed road and

adjacent to the stall, that is not a

driveway or internal access, with a 4

metre taper at each end; and

(iv) the produce stall is located at least 60

metres from a state highway; and

(v) there is a minimum stopping sight

distance of 200 metres, along the road

carriageway to the stall.

33 5.5

Karangahake Gorge

Zone

5.5.4.3

Traffic Noise Sensitivity;



Matters



Matters

























matters.


added to the Hauraki Section of the District Plan, these need to

be added.




34 5.5

Karangahake Gorge

Zone

5.5.4.4

Activity status for

Produce Stalls

Amend 5.5.4.4 Discretionary Activities by adding:

D8 ONE PRODUCE STALL PER HOLDING

Amend 5.5.7 Assessment Criteria Discretionary Activities by

adding:

5.5.7.7 Produce Stalls

(1) Whether the position and orientation of the stall

will cause a distraction to passing motorists,

thereby potentially leading to traffic hazards.

(2) Whether the stall, and land used in conjunction

with it for retail display, is located a safe distance

from the front boundary of the property to

minimise traffic hazards.

(3) The extent to which the proposal complies with the

performance standards for the zone.

(4) Whether the methods proposed for disposal of

sewage and stormwater and the provision of a

potable water supply are appropriate for the scale

of development proposed, and can be effectively

maintained.

Currently Produce Stalls are not provided for in the Karangahake

Gorge Zone as a permitted, controlled, restricted discretionary or

discretionary activity and therefore default to a non-complying

activity status.

This is not consistent with provisions in the ONL Area of the Rural

Zone where Produce Stalls are provided for as a discretionary

activity.

Given the mainly rural nature of the Karangahake Gorge Zone it

is appropriate to provide for Produce Stalls in a similar way to

the ONL Area of the Rural Zone and this is what is being

proposed.

35 5.5

Karangahake Gorge

Zone

5.5.6(3)

Amend 5.5.6(3)(h) as follows:

Only goods directly produced or assembled by the home

occupation may be sold or offered for sale from the site on

which the home occupation is conducted – as a discretionary

activity, in accordance with the rules for produce stalls in

5.5.4.4.








Activity Specific

Standards – Home

Occupations

36 5.7

Residential Zone

5.7.4.1

Permitted Activities; P1

Amend 5.7.4.1 P1 (Permitted Activities) as follows:

P1 RESIDENTIAL ACTIVITIES (ONE DWELLING PER

CERTIFICATE OF TITLE) (REFER TO ACTIVITY SPECIFIC

STANDARD 5.7.6(5)).

Plan Change 1 (Operative 16 September 2019) introduced the

provisions for “Minor Dwelling Units”. A number of

consequential amendments were needed to other parts of the

District Plan to properly implement these. This is one such

consequential amendment that needed to be made to maintain

consistency throughout the District Plan. It was not included in

Plan Change 1 and therefore needs to be made now.

37 5.7

Residential Zone

5.7.4.1

Permitted Activities;

P11




STANDARD 5.7.6(7)(b) DEFINITION OF MINOR

DWELLING UNIT






38 5.7

Residential Zone

5.7.4.2

Controlled Activities; C5

Amend 5.7.4.2 (Matters over which Council has reserved

control) for C5 as follows:

(1)(a) The Adequacy of information … relevant Zone

Development Standards (refer to 5.7.5(31) …

Plan Change 1 (Operative 16 September 2019) introduced

provisions for “Two or More Dwellings per Certificate of Title” as

a controlled activity in the Residential Zones of Waihi, Paeroa

and Whiritoa. In 5.7.4.2, C5 (1)(a) reference was made to 5.7.5(3)

which is incorrect as (3) relates to discretionary and non-

complying activities. The reference in C5 (1)(a) should be to

5.7.5(1) which relates to permitted and controlled activities.

39 5.7

Residential Zone

5.7.4.3












Activities




Matters


















matters.



need to be added.

39a 5.7

Residential Zone

5.7.4.3


Activities

Outdoor Living Area



Matters



(7) Outdoor Living Area

a) Whether there is communal outdoor space

provided, which is accessible to each activity on site,

and provides a similar level of amenity.

b) Whether there is adjoining open space (e.g. park,

reserve) that is ‘usable’ by each activity on the site,

thereby reducing the need to provide the living area

on-site.

c) The extent to which the living area can be provided

in a manner that may not meet the standards, but

still provides a usable area to meet the purpose of

the living area and a similar level of amenity.




matters. No matters over which Council has restricted its

discretion are set out in the District Plan, therefore these need to

be added.

39b 5.7

Residential Zone

5.7.4.3


Activities


follows:









39c 5.7

Residential Zone

5.7.4.4

Discretionary Activities

Amend 5.7.4.4; Discretionary Activities by adding a new D8 as

follows:

D8 EXCEPT IN WAIHI, PAEROA AND WHIRITOA – 2 OR

MORE DWELLINGS PER CERTIFICATE OF TITLE

This is a consequential change from the amendments proposed

to the Zone Development Standards (deletion of the Density

Standard) in Item 41. Its purpose is to retain the current activity

status for the construction of more than one dwelling on a title

in all the towns of the District.

For Waihi, Paeroa and Whiritoa this is provided for under rules

C5 and D2.

39d 5.7

Residential Zone

5.7.5

Zone Development

Standards

Outdoor Living Area

Amend 5.7.5; Zone Development Standards; Development

Standard – Outdoor Living Area as follows:

Outdoor Living Area

(Dwellings and Community Houses)

Plan Change 1 (operative 16 September 2019) introduced

provisions for ‘Minor Dwelling Units’. As a consequential

amendment (Dwelling) was added. However, as set out in the

definition of Outdoor Living Area, these are also required for

‘Community Houses’. This needs to be clear in the Table.

39e

5.7

Residential Zone

5.7.5


Standard – Outdoor Living Area as follows:

Minimum Dimension:

3 metres in all directions

Plan Change 1 (Operative 16 September 2019) amended the

definition of “Outdoor Living Area” by introducing a “minimum

dimension in all directions” standard.

The location of this minimum dimension in the definition, and

retention of what is really a useable shape factor requirement in

Zone Development

Standards

Outdoor Living Area

Minimum Shape:

Can contain a 6 metre diameter circle

the Zone Development Standards table – also labelled “Minimum

Dimension” is causing confusion.

The proposed amendment seeks to clarify the rule by setting out

the “area”, “dimension” and “shape” requirements in one place

and relabelling the shape requirement to more accurately reflect

what it is.

40 5.7

Residential Zone

5.7.5

Zone Development

Standards

Outdoor Living Area

Amend 5.7.5 to delete the Development Standard ‘Outdoor

Living Area (Minor Dwelling Unit)’ as shown in Attachment 2.


provisions for “Minor Dwelling Units”. It was an error that

development standards were included for minor dwelling units in

the Zone Development Standards section of the Plan (i.e. Section

5.7.5). To be consistent with the rest of the District Plan, the

‘Outdoor Living Area’ standards for minor dwelling units should

have been in the Activity Specific Standards section of the Plan

(i.e. in Section 5.7.6) and, in conjunction with Item 41, this is

what is being proposed through this plan change.

It was an error that development standards relating to density

for minor dwelling units were included in the Zone Development

Standards (Section 5.7.5) which is a table relating only to

permitted and controlled activities. This created duplication and

the potential for confusion with the Restricted Discretionary

Activity rule for minor units in the Residential Zone. This is

because minor dwelling units are a restricted discretionary

activity in the Residential Zone and Rule RD3 is of immediate

relevance with regard to density (with the Activity Specific

Standard in 5.7.6(7) of the Plan of subsequent relevance).

41 5.7

Residential Zone

5.7.5

Amend 5.7.5 by amending the Development Standards

‘Density (principal dwelling)’, ‘Density (principal and

additional dwelling(s))’ and ‘Density (dwelling/(s) and

associated minor dwelling unit/(s))’ as shown in Attachment

2.


provisions for “Minor Dwelling Units”. Provision for minor

dwelling units changed the density expectations in the

Residential Zone.



Zone Development

Standards

Density




Activity rule for minor units in the Residential Zone. This is

because minor dwelling units are a restricted discretionary

activity in the Residential Zone and Rule RD3 is of immediate

relevance with regard to density (with the Activity Specific

Standard in 5.7.6(7) of the Plan of subsequent relevance).

42 5.7

Residential Zone

5.7.6(1)

Activity Specific

Standards – Home

Occupations


Only goods directly produced or assembled by the home

occupation may be sold or offered for sale from the site on

which the home occupation is conducted – in accordance

with the rules for produce stalls in 8.4.1.3.








43 5.7

Residential Zone

5.7.6(5)(a)

Activity Specific


to Inundation as

Identified on the

Planning Maps

and

5.7.4.3 RD2 (2)


No more than 45% of the area within the site that is subject

to inundation as identified on the planning maps shall be





filling.

As a consequential change, amend 5.7.4.3, RD2 (2) as follows:














covering.






44 5.7

Residential Zone

5.7.6

Activity Specific

Standards


(a) Each dwelling must meet the relevant Zone

Development Standards (refer to 5.7.5(3)), Activity

Specific Standard 5.7.6(5), Subdivision Standards (refer

to 9.4.3.1(1), and District Wide Performance Standards

for Development and Subdivision (refer to section 8) as

if the certificate of title is to undergo subdivision in

future.

Inclusion of the Zone Development Standards in this rule

duplicates Rule 5.7.4.2 which already requires this, and causes

confusion by pointing at a different Discretionary Activity rule

than Rule 5.7.4.3 does.

45

5.7

Residential Zone

5.7.6

Activity Specific

Standards

Amend 5.7.6(7)(e), (f) and (g) as follows:

(ed) Bulk and Location

(i) A minor dwelling unit must be located to comply

with the following Zone Development Standards for

Permitted and Controlled Activities (refer to

5.7.5(3)):

…

(5) Traffic noise sensitivity and;

(6) Density

(7) Outdoor living area; and

(8) Privacy and separation.

(ii) A minor dwelling unit must share the same vehicle

entrance and driveway access as the associated

dwelling on the same site.

(fd) Outdoor Living Area

A minor dwelling unit must have an outdoor living area

with a minimum area of 30m2, able to contain a



The changes that are proposed in Item 45 follow from Item 8

(amendments to the definition of Minor Dwelling Unit), Items

39b, 40, 41 and 46are also linked to Item 45 (see the various

proposed amendments and reasons).

In essence the proposed amendments, in combination, seek to

reassign/reallocate the existing Zone Development Standards to

the Activity Specific Standards for Minor Dwelling Units.

Elements of the Activity Specific Standards are now also

proposed to be incorporated into the definition of ‘Minor

Dwelling Unit’ (Item 8).

In combination, these proposed changes help provide increased

clarity and certainty for Plan users when determining standards

to be complied with, and subsequent activity status, for minor

dwelling units and additional dwellings in the Residential Zone.

rectangle with dimensions no less than 3m by 4m, and

having a minimum dimension in all directions of 1.5m.

(fg) Domestic wastewater treatment and disposal

46 5.7

Residential Zone

5.7.6

Activity Specific

Standards






(i) 50m2; or:

(ii) 60m2 when LifemarkTM Design Certified, or












dc.govt.nz.







a net site area of no less than:

(i) 650m2 per associated dwelling if the site has a

connection to the Council’s reticulated sewer

network; or:








dwellings.


(ii) 2,500m2 per associated dwelling if the site is

not connected to the Council’s reticulated

sewer network.

47 5.8

Low Density Residential

Zone

5.8.4.1


Amend 5.8.4.1, P1 (Permitted Activities) as follows:

P1 RESIDENTIAL ACTIVITIES (ONE DWELLING PER

CERTIFICATE OF TITLE)








49 5.8


Zone

5.8.4.1


P11




STANDARD 5.8.6(3)(b) DEFINITION OF MINOR

DWELLING UNIT






50

5.8


Zone

5.8.4.2

Controlled Activities; C2

Amend 5.8.4.2 (Matters over which Council has reserved

control) for C2 as follows:

(1)(a) The Adequacy of information … relevant Zone

Development Standards (refer to 5.8.5(31) …

Plan Change 1 (Operative 16 September 2019) introduced

provisions for “Two or More Dwellings per Certificate of Title” as

a controlled activity in the Low Density Residential Zones of

Waihi, Paeroa and Whiritoa. In 5.8.4.2, C2 (1)(a) reference was

made to 5.8.5(3) which is incorrect as (3) relates to discretionary

and non-complying activities. The reference in C2 (1)(a) should

be to 5.8.5(1) which relates to permitted and controlled

activities.

51 5.8


Zone







5.8.4.3




Matters






















matters.



need to be added.

51a 5.8


Zone

5.8.4.3


Activities

Outdoor Living Area










on-site.








be added.



51b 5.8

Low Density Zone

5.8.4.3


Activity Matters

Minimum Residential

Area



(7) Minimum Residential Area

a) The degree to which the design of the development

allows for a smaller residential area per dwelling

while still meeting the required standards relating

to privacy, outdoor living, sunlight, parking and

other residential amenity needs.

b) Whether there is sufficient permanent open space

adjoining the site (excluding streets and

accessways) to reduce the impact of the higher

density on the surrounding residential environment.

c) Whether the housing development is designed to

meet the needs of specific residents not requiring

the specified residential area due to smaller units,

or parking or other factors, and the development is

unlikely to convert to a residential form of living

that would require greater net site areas.






be added.

51c 5.8


Zone

5.8.4.3


Activities

RD 2


follows:









52 5.8


Zone

5.8.4.4

Discretionary Activities;

D7

Amend 5.8.4.4 Discretionary Activities by including new D7 as

follows:

D7 RESIDENTIAL ACTIVITIES – ONE DWELLING PER

CERTIFICATE OF TITLE NOT CONTAINING THE

RELEVANT MINIMUM RESIDENTIAL AREA (REFER TO

5.8.5).








53

5.8


Zone

5.8.5

Zone Development

Standards (Outdoor

Living Area)


(1) The following relevant Zone Development Standards

shall be met by all Permitted and, Controlled and

Restricted Discretionary Activities unless otherwise

stated.

Restricted Discretionary Activities were included in this provision

in error. They need to be removed to provide consistency with all

other zones.

53a 5.8


Zone

5.8.5

Zone Development

Standards (Outdoor

Living Area)


Standard – Outdoor Living Area (in both the Permitted and

Controlled and the Restricted Discretionary columns of the

table), as follows:

Minimum Dimension:


Minimum Shape:

Can contain an 8.0 metre diameter circle.











what it is.

54 5.8


Zone

5.8.5

Zone Development

Standards (Outdoor

Living Area)

Amend 5.8.5 to delete the Development Standard ‘Outdoor

Living Area (Minor Dwelling Unit)’ as shown in Attachment 3.


provisions for “Minor Dwelling Units”. It was an error that

development standards were included for minor dwelling units in

the Zone Development Standards section of the Plan (i.e. Section

5.8.5) which is a table relating only to permitted and controlled

activities. To be consistent with the rest of the District Plan, the

‘Outdoor Living Area’ standards for minor dwelling units should

have been in the Activity Specific Standards section of the Plan

(i.e. in Section 5.8.6) and, in conjunction with Item 45, this is

what is being proposed through this plan change.

55 5.8


Zone

5.8.5

Zone Development

Standards (Density)

Amend 5.8.5 by amending the Development Standards

‘Density (principal and additional dwelling(s))’ and ‘Density

(dwelling/(s) and associated minor dwelling unit/(s))’ as

shown in Attachment 3.


provisions for “Minor Dwelling Units”. Provision for minor

dwelling units changed the density expectations in the Low

Density Residential Zone.






Activity rule for minor units in the Low Density Residential Zone.

This is because minor dwelling units are a restricted discretionary

activity in the Low Density Residential Zone and Rule RD2 is of

immediate relevance with regard to density (with the Activity

Specific Standard in 5.8.6(3) of the Plan of subsequent

relevance).

55a 5.8


Zone

5.8.5

Amend 5.8.5 by adding a new Development Standard

‘Minimum Residential Area’ as shown in Attachment 3.


provisions for “additional dwellings”. A number of consequential

amendments were needed to other parts of the District Plan to

properly implement these. This is one such consequential

amendment that needed to be made to maintain consistency

throughout the District Plan. It was not included in Plan Change

1 and therefore needs to be made now.

Zone Development

Standards (Minimum

Residential Area)

56 5.8


Zone

5.8.6(1)

Activity Specific

Standards (Home

Occupations)


(h) Only goods directly produced or assembled by the

home occupation may be sold or offered for sale

from the site on which the home occupation is

conducted – in accordance with the rules for

produce stalls in 8.4.1.3.








57 5.8


Zone

5.8.6(2)

Activity Specific

Standards

Amend 5.8.6(2) (a) as follows:

Each dwelling must meet the relevant Zone Development

Standards (refer to 5.8.5(3)), Subdivision Standards…..

Inclusion of the Zone Development Standards in this Rule

duplicates Rule 5.8.4.2 which already requires this, and causes

confusion by pointing at a Non-Complying activity rule rather

than Discretionary activity Rule 5.8.4.3.

58 5.8

Low density Residential

Zone

5.8.6

Activity Specific

Standards






(i) 50m2; or:

(ii) 60m2 when LifemarkTM Design Certified, or










dwellings.










dc.govt.nz.







a net site area of no less than:

(i) 1,000m2 per associated dwelling if the site

has a connection to the Council’s

reticulated sewer network; or:

(ii) 2,500m2 per associated dwelling if the site is

not connected to the Council’s reticulated

sewer network.


59

5.8


Zone

5.8.6(3)

Activity Specific

Standards


(db) Bulk and Location

(i) A minor dwelling unit must be located to

comply with the following Zone

Development Standards for Permitted and

Controlled Activities (refer to 5.8.5(3)):

(1) Maximum height;

(2) Daylight control;

(3) Minimum Yards;



The changes that are proposed in Item 59 follow from Item 8

(amendments to the definition of Minor Dwelling Unit), Items 54

and 55 and are also linked to Item 58 (see the various proposed

amendments and reasons).

In essence the proposed amendments, in combination, seek to

reassign/reallocate the existing Zone Development Standards to

the Activity Specific Standards for Minor Dwelling Units.

(4) Traffic noise sensitivity;

(5) Maximum site coverage;

(6) Density; and:

(7) Outdoor living area

(c) Outdoor Living Area

(iii) A minor dwelling unit must have an

outdoor living area with a minimum area

of 30m2, able to contain a rectangle with

dimensions no less than 3m by 4m, and

having a minimum dimension in all

directions of 1.5m.

(ed) Domestic wastewater treatment and disposal

Elements of the Activity Specific Standards are now also

proposed to be incorporated into the definition of ‘Minor

Dwelling Unit’ (Item 8).

In combination, these proposed changes help provide increased

clarity and certainty for Plan users when determining standards

to be complied with, and subsequent activity status, for minor

dwelling units in the Low Density Residential Zone.

60 5.9

Marae Development

Zone

5.9.4.1


provision for

“Homestays”

Amend 5.9.4.1 by inserting the following new permitted

activity:

P10 HOMESTAY

Home/Farm Stay is defined in the Hauraki Section of the District

Plan as:

“Means where a resident household offers for a daily tariff

accommodation and meals within their own dwelling to visitors,

provided that not more than six people exclusive of the

members of the household are accommodated.”

The Marae Development Zone is a specific zone in which Maori

can undertake ongoing development of their culture, traditions,

economic and social infrastructure.

Homestays are provided for as a permitted activity in the

Residential Zone (subject to compliance with various provisions

and standards) and it would seem appropriate to provide for

Homestays in the Marae Development Zone in a similar way.

61 5.10

Township Zone







5.10.4.3




Matters











whether they are likely to avoid or mitigate

potential adverse traffic noise effects (to apply to 1

to 4 above).










matters.



need to be added.

61a 5.10

Township Zone

5.10.4.3


Activities

Outdoor Living Area










on-site.






be added.





61b 5.10

Township Zone

5.10.4.3


Activity Matters

Density



(8) Density for dwellings/house hold units

a) The degree to which the design of the development

allows for a smaller net site area per dwelling while

still meeting the required standards relating to

privacy, outdoor living, sunlight, parking and other

residential amenity needs.

b) Whether there is sufficient permanent open space

adjoining the site (excluding streets and

accessways) to reduce the impact of the higher

density on the surrounding residential environment.

c) Whether the housing development is designed to

meet the needs of specific residents not requiring

the specified net site area due to smaller units, or

parking or other factors, and the development is

unlikely to convert to a residential form of living

that would require greater net site areas.






be added.

61c

5.10

Township Zone

5.10.5

Zone Development

Standards


Standard – Outdoor Living Area (in both the Permitted and

Controlled and the Restricted Discretionary columns of the

table), as follows:

Minimum Dimension:


Minimum Shape:

Can contain an 8.0 metre diameter circle.











what it is.

Including the minimum dimension in the definition also

contradicts the outdoor living court rule set out in the Zone

Development Standards table (5.11.5) for the Town Centre Zone.

62 Town Centre Zone

5.11.4.1


& P7

Amend 5.11.4.1 P2 and P7 (Permitted Activities) as follows:

P2 RESIDENTIAL ACTIVITIES LOCATED ABOVE GROUND

FLOOR LEVEL (INCLUDING A PEDESTRIAN ENTRY

LOBBY LOCATED AT GROUND FLOOR LEVEL) EXCEPT

WHERE SPECIFICALLY LISTED AS A CONTROLLED,

RESTRICTED DISCRETIONARY, DISCRETIONARY,

NON COMPLYING OR PROHIBITED ACTIVITY.

P7 EMERGENCY SERVICES AND TRAINING FACILITIES

EXCEPT WHERE SPECIFICALLY LISTED AS A

CONTROLLED, RESTRICTED DISCRETIONARY,

DISCRETIONARY, NON COMPLYING OR PROHIBITED

ACTIVITY.

In some circumstances the activities listed in P2 and P7 have

another activity status (in the same way as those listed in P1). To

make this clear to users of the District Plan this needs to be spelt

out for P2 and P7 in the same way it already is for P1.

63 5.11

Town Centre Zone

5.11.4.4


D4

provision for “repairs

and valet”

Amend 5.11.4.4 D4 (Discretionary Activities) as follows:

D5 CAR, CARAVAN AND BOAT SALES/SERVICE/REPAIRS

AND VALET

Clarification is needed that the servicing, repair and/or valet of

vehicles associated with the sale of those vehicles (cars, caravans

and boats), are a Permitted Activity in the Town Centre Zone.

These activities fall within the definition of “Service Industrial

Activities” which in turn falls within the definition of “Business

Activity” – which is a Permitted Activity in the Town Centre Zone.

63a 5.11

Town Centre Zone

5.11.4.4


D5

provision for “repairs”

Amend 5.11.4.4 D5 (Discretionary Activities) as follows:

D5 FARM MACHINERY SALES AND REPAIR

Clarification is needed that the servicing and repair of farm

machinery associated with the sale of that machinery, are a

Permitted Activity in the Town Centre Zone.

These activities fall within the definition of “Service Industrial

Activities” which in turn falls within the definition of “Business

Activity” – which is a Permitted Activity in the Town Centre Zone.

64 5.11

Town Centre Zone

5.11.5

Zone Development

Standards – Pedestrian

Frontage

Amend the Permitted and Controlled and Restricted

Discretionary parameters for the Zone Development

Standard for Pedestrian Frontage as follows:

Permitted and Controlled

On a site which adjoins a Pedestrian Frontage Street identified

on the Planning Maps:

(a) the activity shall be undertaken in a building (except

where the a building is already existing at [insert

date when PC4 becomes operative]) that: …

(b) the activity undertaken in a building existing at

[insert date when PC4 becomes operative]:

(i) Shall not reduce the percentage of clear glass,

in the Façade of the ground floor wall facing

the street, capable of being used for the

display of goods and services to passing

pedestrians to:

Less than existing (if already less than

75%) or

Less than 75% (if more than 75%).

The pedestrian frontage rule relating to the percentage of clear

glass windows on front facades of buildings needs to be re-

written as a complying building can be built and then

subsequently be modified to avoid the rule, and defeating its

purpose – to maintain pedestrian ambience through open and

interesting building facades.


On a site which adjoins a Pedestrian Frontage Street identified

on the Planning Maps:

(a) the activity shall be undertaken in a building (except

where the a building is already existing at [insert

date when PC4 becomes operative]) that: …

(b) the activity undertaken in a building existing at

[insert date when PC4 becomes operative]:

(i) Shall not reduce the percentage of clear glass,

in the façade of the ground floor wall facing

the street, capable of being used for the

display of goods and services to passing

pedestrians to:

Less than existing (if already less than

50%) or

Less than 50% (if more than 50%).

65 5.12

Industrial Zone

5.12.4.2

Controlled Activity; C3

Amend 5.12.4.2 C3 as follows:

C3 SERVICE INDUSTRIAL ACTIVITY ON LOT 2 DPS

8429884289 (OPUKEKO ROAD, PAEROA)

The legal description for the land is incorrect and needs to be

amended.

66 5.12

Industrial Zone

5.12.6(1)(a)


No more than 45% of the area within the site that is subject

to inundation as identified on the planning maps shall be









Activity Specific


to Inundation as

Identified on the

Planning Maps

and

5.12.4.3 RD2 (2)



filling.

As a consequential change, amend 5.12.4.3, RD2 (2) as

follows:













covering.

67 5.13

Paeroa Flood Ponding

Zone




(d) OF THE DEFINITION.




District Plan.

68 5.17

Martha Mineral Zone

5.17.4.1


Amend P7 as follows:

P7 TEMPORARY USES AND BUILDINGS MEETING PART

(a) AND (c) OF THE DEFINITION

The definition of Temporary Uses and Buildings contains three

components, (a)-(c). It was an oversight to restrict P7 to only

temporary uses and buildings meeting part (a) of the definition.

Within the Martha Mineral Zone it would also make sense for

temporary uses and buildings meeting part (c) of the definition

to be permitted activities (i.e. “Drilling to determine ground

conditions (geotechnical investigations) and/or to undertake

ground water monitoring.”) as is the case in every other Zone

where temporary activities are a permitted activity.

The effect of not making this change is that temporary uses and

buildings consistent with part (c) of the definition would

continue to be non-complying activities, which is somewhat of a

nonsense in the Martha Mineral Zone.

69 5.17

Martha Mineral Zone

5.17.4.1



P8 TEMPORARY USES AND BUILDINGS (MEETING PARTS

(b) AND (d) OF THE DEFINITION ...




District Plan.

70 5.18

Golden Cross Mineral

Zone

5.18.4.1


Amend 5.18.4.1, Permitted Activities by amending P3 by

adding:

6 TEMPORARY USES AND BUILDINGS MEETING PART

(d) OF THE DEFINITION.




District Plan.

71 6.1

Historic Heritage

6.1.5.8(1)(a)

Activity Specific

Standards

Amend 6.1.5.8(1)(a) as follows:

“… with the following information (refer also to 6.1.1(2)(gf):”

The cross reference is incorrect and should be amended.

72 6.1

Historic Heritage

Amend 6.1.6.4 Schedule of Historic Heritage Inventory –

Category C Heritage Items by deleting item HAU061, former

Patetonga School and associated information in that row of

the Schedule.

All of the former Patetonga School Buildings have been

demolished. The listing should therefore be deleted and the

heritage symbol and number removed from the Planning Map.

6.1.6.4

Schedule of Historic

Heritage Inventory

and/or Maps

HAU061; Map F2

Amend Planning Map F2 to remove Heritage Item Symbol

and HAU number from former school site (as shown on Map

1 on Attachment 4).

73 6.1.

Historic Heritage

6.1.6.3


Heritage Inventory

and/or Maps

HAU074; Maps K1 and

K4

Amend 6.1.6.3 – Schedule of Historic Heritage Inventory –

Category B Heritage Features as follows:

HAU 074 K4 Grand Junction Battery, and Powerhouse,

and original site of Refinery Building, Waihi

HAU 074A K1 Grand Junction Refinery Building (current

site), Waihi

Amend Planning Map K1 by adding number 074A to current

location of the Refinery Building (as shown in Map 2 in

Attachment 4).

The Grand Junction Refinery Building has been relocated. It is

appropriate that the District Plan Schedule listing and District

Plan Maps show the original and current locations.

74 6.1

Historic Heritage

6.1.6.4


Heritage Inventory

and/or Maps

HAU423; Map K3


Category C Heritage Items by deleting item HAU423, Skate

Bowl, Waihi and associated information in that row of the

Schedule.

Amend Planning Map K3 to remove Heritage Item symbol

and HAU number from Victoria Park (as shown on Map 3 on

Attachment 4).

The Skate Bowl has been demolished. The listing should

therefore be deleted and the heritage symbol and number

removed from the Planning Map.

75 6.1

Historic Heritage


Areas of Significance to Maori by adding a new listing:

The Council has received a request that the Ngati Koi Domain

(Black Hill) be listed in the District Plan as a Pa Site. Currently

identified as an archaeological site.

6.1.6.7


Heritage Inventory –

Areas of Significance to

Maori

HAU332; Map 31

Map 31; HAU332; Pa Site; Ngati Koi Domain (Black Hill);

Focal Area; Cultural; Waihi

Amend Planning Map 31 to add “Area of Significance to

Maori” notation to those parts of the Ngati Koi Domain (Black

Hill) shown on Map 4 in Attachment 4.

Add HAU332 adjacent to “Area of Significance to Maori”

notation. As shown on Map 4 in Attachment 4.

76

6.2

Indigenous Biodiversity

and Significant Natural

Areas

6.2.5.2(1)


Amend 6.2.5.2; Permitted Activities (1); as follows:

(c) Land Management practices to maintain the

ecological sustainability of the SNA (except within

an identified Public Water Supply Catchment

shown on the planning maps) such as: …

(g) Removal of SNA vegetation (except within an

identified Public Water Supply Catchment shown

on the planning maps) where it is carried out in

accordance with the terms of a QEII National Trust

or other covenant.

(h) Removal of up to 5m3 of Manuka/Kanuka (except

within an identified Public Water Supply

Catchment shown on the planning maps)

provided ...

These are consequential amendments following from the

removal of the Water Supply Catchments from the Planning

Maps under Item 115.

77 6.2



Areas

6.2.5.3(1) & (2)

Amend 6.2.5.3; Controlled Activities (1); as follows:

(a) Land management practices to maintain the

ecological sustainability of the SNA within an

identified Public Water Supply Catchment shown on

the planning maps, such as:

(i) planting and management of indigenous

vegetation

These are consequential amendments following from the

removal of the Water Supply Catchments from the Planning

Maps under Item 115.

Controlled Activities (ii) removal of exotic trees and vegetation

(iii) control of animal pests

(iv) control and removal of invasive weeds

(v) erection and maintenance of SNA perimeter

fencing.

(b) Removal of SNA vegetation within an identified

Public Water Supply Catchment shown on the

planning maps, where it is carried out in accordance

with the terms of a QEII National Trust or other

covenant.

(c) Removal of up to 5m3 of manuka/kanuka per 12

month period per property from any SNA ranked of

local or regional significance for domestic firewood

purposes within an identified Public Water Supply

Catchment shown on the planning maps, provided

the removal will not directly result in the death,

destruction or irreparable damage of any other tree,

bush or plant.

(d) (a) Clearing of SNA vegetation to form a new track less

than 4.0 metres wide from any SNA ranked of local

significance.

(e) (b) Removal of SNA vegetation in accordance with an

approved Sustainable Forest Management Plan or

Permit, or personal use approval issued by the

Ministry for Primary Industries under the Forests Act

1949.

Amend 6.2.5.3; Controlled Activities (2); as follows:

(2) The following criteria will be used to assess any

application for a Controlled Activity:

(b) The extent to which sediment runoff or

contaminants generated by the proposal may affect

the potability (drinkable standard) of water from the

catchment.

(c) The extent to which the quantity of water available

for and from water supply catchments will be

reduced in the long or short term by the proposal.

(d) (b) The measures to avoid, remedy or mitigate any

adverse effects on the SNA. This shall include, but is

not limited to, control over which specific tree(s) is

removed or modified, the timing and sequence of

removal, the method of removal, and the protection

of habitats of threatened or at risk indigenous fauna

species including the provision of opportunities for

the relocation of indigenous fauna (in accordance

with the Wildlife Act 1953).

78 6.2



Areas

6.2.6

Schedule of Significant

Natural Areas

TP13P110

TP13UP150

T13UP168 and

T13P168

Amend 6.2.6 Schedule of Significant Natural Areas as follows:

a) T13P110; 30 Terrestrial; Protected; HDC Covenant –

81.638.524, 81.683.484, 81.638.902; Regional 15.58

b) T13UP150; 17,18; Terrestrial; Unprotected; Regional

51.41 27.29

T13P150; 17; Terrestrial; Protected; HDC Covenant –

82.363.115, 82.363.006, 201.2019.*1131*; 16.37 40.49

Amend Planning Map 17 to show new boundary between

T13UP150 and T13P150, as shown on Map 5 in

Attachment 4.

c) T13UP168; 25; Terrestrial; Unprotected; Regional; 123.46

122.79

T13P168; 25; Terrestrial; Protected; HDC Covenant -

81.706.891, 81.706.497; Regional; 0.87 1.54.

a) The file number needs adding.

a) & d) Covenants were created under additional subdivisions.

The file numbers for these need to be added to the

schedule.

b) Additional areas of T13UP150 are now protected via a

HDC Covenant. The area, of protected and unprotected

SNA, needs adjusting and the new boundary between

these two areas needs to be shown on the Planning

Map, and the file numbers need to be added to the

schedule.

c) Additional area of T13P168 is protected via a HDC

covenant. The area of protected and unprotected SNA

needs adjusting and the new boundary between the

two areas needs to be shown on the Planning Map, and

the file number needs to be added to the schedule.

Amend Planning Map 25 to show new boundary between

T13UP168 and T13P168 as shown on Map 9 in

Attachment 4.

79 6.2



Areas

6.2.6



Areas

T13UP147; Map 17

Amend 6.2.6 Schedule of Significant Natural Areas as follows:

T13UP147 17 Terrestrial Unprotected Regional 67.16 66.64

Amend Planning Map 17 by amending the extent of SNA

T13UP147 (area north of Strange Road) as shown on Map 6 in

Attachment 4.

The Council has received a request to modify the boundary of

SNA T13UP147 as the aerial photograph clearly shows that it

currently includes areas of pasture land.

80 6.4

Recognition and

Protection of Significant

Trees

6.4.6


Trees

Amend 6.4.6 Schedule of Significant Trees, by adding:

TR134; 23; One Poplar tree (He Rakau Pitopito); SH 26,

Komata; Cultural.

Amend Planning Map 23 by adding the ‘single’ tree symbol

and the TR (Tree) number 134, as shown on Map 7

Attachment 4.

The Council has been requested to add this tree – He Rakau

Pitopito to the Schedule of Significant Trees due to its cultural

significance.

81 6.4

Recognition and


Trees

6.4.6

Amend 6.4.6 Schedule of Significant Trees, by adding:

TR135; B; Two Oak trees; Turua Domain; Quercus palustrus;

Visual Amenity/Historical/Cultural.

Amend Planning Map B by adding:

The Council has been requested to add these two oak trees to

the Schedule of Significant Trees due to their Visual Amenity and

Historical significance.

The trees were planted in May 1953 to celebrate the coronation

of Queen Elizabeth II.


Trees

The ‘multiple’ tree symbol and the TR (Tree) number 135, as

shown on Map 8 in Attachment 4.

82 6.4

Recognition and


Trees

6.4.6


Trees; TR043

Amend 6.4.6 Schedule of Significant Trees, by deleting item:

TR043 – One Liquidambar Tree

(and associated information in that row of the schedule)

Amend Planning Maps K5 and K7 to delete the significant

tree symbol and TRO number from the Waihi South Reserve

(as shown on Map 10 in Attachment 4).

This tree has been removed under Permitted Activity Rule

6.4.5.1(1)(e):

(e) Removal or destruction (partial or total) of any tree

listed in the Schedule of Significant Trees for emergency

purposes to:

(i) safeguard human life or habitable buildings

from immediate danger (as confirmed by a

qualified arborist); or

The listing should therefore be deleted and the tree symbol and

number removed from the Planning Maps.

83 6.4

Recognition and


Trees

6.4.6


Trees; TR034, TR035,

TR037, TR053, TR072

Amend 6.4.6 Schedule of Significant Trees, by deleting items:

TR034 – One Magnolia Tree

TR035 – One Rhododendron Tree

TR037 – Grouping of Native and Exotic Trees

TR053 – One London Plane Tree

TR072 – One Kauri Tree

(and associated information in those rows of the schedule)

Amend Planning Map K4 to delete Significant Tree symbols

and TR0 numbers from Morgan Park (as shown on Map 11 in

Attachment 4).

These trees have all been, or are to be, removed pursuant to the

resource consent granted for the redevelopment of Morgan

Park, Waihi in 2015 (RC 2014/273).

The listings should therefore be deleted and the tree symbols

and numbers removed from the Planning Maps.

84 6.4

Recognition and


Trees

Amend 6.4.6 Schedule of Significant Trees, by deleting from

Item TR097:

- one evergreen magnolia (Magnolia grandiflora)

- one tulip tree (Liriodendron tulipifera)

- one beech tree

The trees have been removed on the basis that they had died or

presented an imminent risk to human health, based on the

report titled ‘The Paeroa Domain Tree Strategy 2016’ by John

Wakeling, Consulting Arborist.

6.4.6


Trees; TR097

Paeroa Domain

Amend 6.4.7 ‘Appendix 1: Significant Trees – Paeroa Domain’

by removing tree numbers 4, 5, 11, 67 and 75 from column

one and removing the tree symbols and tree numbers 4, 5,

11, 67, 75 from the map, as shown in Attachment 5.

85 7.2

Management of Water

Supply Catchments

7.2.5

Activities


There are no activities or rules associated with this

section of the Plan. Rather, rules and activity status of

activities in other parts of the Plan give effect to the

objective and policies relating to the protection of

water catchments. Refer in particular to SECTION 6.2

INDIGENOUS BIODIVERSITY AND SIGNIFICANT

NATURAL AREAS, as the identified water supply

catchments are also largely within identified

significant natural areas.

This is a consequential amendment following from the removal

of the Water Supply Catchments from the Planning Maps under

Item 115.

86 7.4

Provision for Network

Utilities and Energy

Generation

7.4.5.2(1)

Provision for

Telecommunication

Facilities

Amend the first sentence and the ‘Note’ to refer to:

“… the Resource Management (National Environmental

Standards for Telecommunications Facilities) Regulations

200816 …

The National Environmental Standards for Telecommunications

Facilities (NESTF) 2008 were replaced in 2016 and it is necessary

to reference the updated version of the NESTF.

87 7.4

Provision for Network

Utilities and Energy

Generation

In section 7.4.9: ‘Appendix 7.4 A – National Environmental

Standards for Telecommunication Facilities’, replace the

attached ‘Resource Management (National Environmental

Standards for Telecommunication Facilities) Regulations

2008’ with the 2016 version of the NESTF.

The 2008 version of NESTF was replaced in 2016 and it is

necessary to replace the version attached to the Hauraki Section

of the District Plan with the current version.

Note: replacement of the NESTF does not need to go through a

RMA Schedule 1 process.

7.4.9

Appendix 7.4 A –

National Environmental

Standards for

Telecommunication

Facilities

88 7.5

Designations; C13

Amend the Underlying Zoning listed for Kaimanawa Maratoto

Water Supply Catchment as follows:

Rural & Conservation (Indigenous Forest)

None of the land that is designated as Kaimanawa Maratoto

Water Supply Catchment Reserve has an underlying zoning of

Rural (all is zoned Conservation (Indigenous Forest)). Listing

needs correcting.

89 7.5

Designations; C16

Amend the Underlying Zoning for Waihi Water Supply

Catchment Reserve as follows:

Rural and Conservation (Indigenous Forest)

Some of the land that is designated as Waihi Water Supply

Catchment Reserve has an underlying zoning of Rural (balance

zoned Conservation (Indigenous Forest)). Listing needs

correcting.

90

7.5

Designations

7.5.2.5

Amend the Schedule of Designations – Minister of Education

(E) by inserting a footnote at the end of the Schedule

attributable to the column “Specific Conditions/Lapse Period”

that reads:

The document numbers referenced are from the FRED

document management system of Council.

The Council has moved to a different document management

system. The numbers in the schedule relate to the previous

system. It needs to be clear which system the document number

relates to.

91 7.5

Designations

7.5.2.10

Amend the Schedule of Designations – Chorus (K) by inserting

a footnote at the end of the Schedule attributable to the

column “Specific Conditions/Lapse Period” that reads:






relates to.

92 7.5

Designations

Amend the Schedule of Designations – Telecom NZ Ltd (N) by

inserting a footnote at the end of the Schedule attributable

to the column “Specific Conditions/Lapse Period” that reads:



7.5.2.13




relates to.

93 7.7

Hazardous Substances

and Contaminated Land

Delete those parts of Section 7.7 that relate to the storage,

use and transportation of hazardous substances and retain

those provisions (with amendments and additions) that deal

with the disposal of hazardous substances and the

transportation of that waste to the hazardous substances

disposal facility.

As a consequential amendment the ‘Landuse Planning Guide

for Hazardous Facilities – A Resource for Local Authorities

and Hazardous Facilities Operators’, Ministry for the

Environment (February 2002) incorporated into the District

Plan by reference, ceases to have effect.

Section 31(1)(b)(ii) of the RMA has been repealed (by the

Resource Legislation Amendments Act 2017) and preventing or

mitigating any adverse effects of the storage, use, disposal or

transportation of hazardous substances are no longer explicit

functions of territorial authorities. Consequential changes have

also been made to the Hazardous Substances and New

Organisms Act 1996 (HSNO) and the Health and Safety at Work

Act 2015 (HSW).

The intent of the change to RMA s.31(1)(b)(ii) is to remove the

perception that councils must always place controls on

hazardous substances under the RMA, and to ensure councils

only place additional controls on hazardous substances if they

are necessary to control effects under the RMA that are not

covered by the HSNO or HSW legislation.

Council’s Section 32 Report examines a number of options with

regard to amendments to Section 7.7 and concludes that the

use, storage and transportation of hazardous substances is best

dealt with outside the District Plan. It is also concluded that it is

appropriate to retain controls on the disposal of hazardous

substances (in terms of land use, site, etc.) and the

transportation of the hazardous substances/waste to the

disposal site (refer to section 5.3.4 of PPC4).

The proposed amendments to Section 7.7 are shown in

Attachment 6.

94 7.8

Amend 7.8.5.1(5); Permitted Activities; P9(f) as follows:

(f) earthworks shall not change the direction of the

natural run-off or drainage patterns in a way that

District Plan rules need to be certain (i.e. clear and objective) so

that anybody reading them knows if their proposal falls within

them or not.

Excavations and

Placement of Fill

(earthworks)

7.8.5.1(5)


causes more than minor adverse effects on or

concentrate the natural flows onto land held in

different ownership.

The earthwork rule inserted by Plan Change 1 (operative 16

September 2019) does not meet this requirement, and therefore

needs amending.

95 7.8

Excavations and

Placement of Fill

(earthworks)

7.8.5.1(5)


Amend 7.8.5.1(5); Permitted Activities; P9 by adding

(g) earthworks shall not change the post subdivision or

development runoff or drainage patterns in a way

that prevents discharge of all stormwater/surface

water to any discharge point provided for the site.

(h) if no discharge point has been provided earthworks

shall not change the direction of the post

subdivision or development runoff or concentrate

these flows onto land in different ownership.

Renumber existing clauses (g) and (h).



them or not.

The Rule inserted by Plan Change 1 (operative 16 September

2019) does not cover changes made to natural runoff and

drainage patterns by subdivision or development earthworks,

and the inclusion of additional clauses (g) and (h) is proposed.

96 7.8

Excavations and

Placement of Fill

(earthworks)

7.8.5.1(5A)


P9A

Amend 7.8.5.1(5A): Permitted Activities P9A(h) as follows:

(h) earthworks shall not change the direction of the

natural run-off or drainage patterns in a way that

causes more than minor adverse effects on or

concentrate the natural flows onto land held in

different ownership.

District Plan rules need to be certain ie clear and objective, so


them or not.

The earthwork rule inserted by Plan Change 1 (operative 16

September 2019) does not meet this requirement, and therefore

needs amending.

97 7.8

Amend 7.8.5.1(5A): Permitted Activities P9A by adding:

(i) earthworks shall not change the post subdivision or

development runoff or drainage patterns in a way



them or not.

Excavations and

Placement of Fill

(earthworks)

7.8.5.1(5A)


P9A

that prevents discharge of all stormwater/surface

water to any discharge point provided for the site.

(j) if no discharge point has been provided earthworks

shall not change the direction of the post

subdivision or development runoff or concentrate

these flows onto land in different ownership.

Renumber existing clauses (i) and (j).

The Rule inserted by Plan Change 1 (operative 16 September

2019) does not cover changes made to natural runoff and

drainage patterns by subdivision or development earthworks,

and the inclusion of additional clauses (i) and (j) is proposed.

98 8.2.

Design and Location of

Buildings

8.2.2

Floor Levels

Amend 8.2.2.3; Standards as follows:

(1) Any new building or additions to existing buildings …

which are to be used for residential or communal

non-residential purposes shall be …

(2) Any addition to an existing building which is to be

used for residential or communal non-residential

purposes shall …

Note: the change above is to remove the ‘italics’ on the

words shown in bold so that they apply to all bedrooms of

living accommodation rather than just to dwellings (as per

the definition of ‘Residential Purposes’.)








This change ensures that the floor level rule applies to minor

dwelling units as well as other forms of residential

accommodation.

99 8.2


Buildings

8.2.3

Erosion Protection

Setback Lines (Whiritoa

Beach)

Amend 8.2.3.3 (Standards) (1) as follows:

(c) No new dwellings or minor dwelling units are

permitted between the Primary and Secondary

Development setback lines delineated on the

planning map for Whiritoa.

(d) Additions to existing dwellings, and minor dwelling

units, and accessory buildings, located between the

Primary and Secondary…..








This change ensures that this rule applies to minor dwelling units

as well as to dwellings.

100 8.2


Buildings

8.2.4

Sewage Plant Buffer

Areas

Amend 8.2.4.3; Standard (1) as follows:

(a) No buildings or activities for residential, community

or recreation purposes shall be sited or carried out

within 150.0 meters of the edge of a sewage pond

and sewage plant forming part of a public

community sewage facility

Note: the change above is to remove the ‘italics’ on the

words shown in bold so that they apply to all bedrooms of

living accommodation rather than just to dwellings (as per

the definition of ‘Residential Purposes’.)








This change ensures that minor dwelling units (as well as

dwellings) are the required distance from public community

sewage facilities.

101 8.4

Vehicle Parking, Loading

and Access

8.4.2

Number and Location of

Loading/Drop Off

Spaces

Amend 8.4.2.3(2)(c) as follows:

(c) All Non Residential Activities (except Minor Dwelling

Units) in the Residential…….


provision for “Minor Dwelling Units”.

By definition “Minor Dwelling Units” are not “residential

activities”. It is not necessary for minor dwelling units to have a

loading space.

101a 8.4


and Access

8.4.3

Vehicle Access and

Crossings

8.4.3.3

Amend 8.4.3.3(1)(e)(i) (text in table), as follows:

C Standard Vehicle Crossing for residential activities, in

the rural area, Reserve (Active) and Reserve

(Passive) Zones and all activities on reserves zoned

Reserve (Active) which are located in the rural part

of the District.

D Standard Commercial/Industrial Vehicle Crossing for

non-residential activities, in the urban area,

excluding those reserves zoned Reserve (Active)

which are located in the rural part of the District.

The current standard does not include a rule for entrances for

non-residential activities on reserves zoned Reserve (Active) and

is confusing in relation to the entrance requirements for reserves

zoned Reserve (Active) in general.

The Reserve (Active) zone falls within the definition of ‘Urban

Area’, however it is appropriate that a ‘rural’ type entrance be

used where such zones are in the rural parts of the District, and

an urban type entrance when they are located in the towns and

townships.

Standards

E Standard Residential Vehicle Crossing for residential

activities, in the urban area and residential activities

on reserves zoned Reserve (Active) Zones) which are

located in the urban areas of the District.

102 8.4


and Access

8.4.7

Corner Splays

8.4.7.3 (Standards)

Amend 8.4.7.3; (Standards) (1) as follows:

“Where land at an intersection is subject to subdivision, or

where a new subdivision involves creating an intersection,

corner splays to the dimensions set out in the table below

shall be shown on the subdivision plan and shall be shown as

"Road" to vest in the Council, or New Zealand Transport

Agency, on the survey plan.”

In the case of subdivisions on the intersections of Council roads

and state highways it is sometimes more appropriate for the

splay to vest in the road controlling authority for the state

highway.

103 8.5

Infrastructure and

Services

8.5.2

Non-Domestic Effluent

Disposal

Amend 8.5.2.3; Standards (1) (text in tables), as follows:

Buffer Distance for Non-Domestic Effluent Treatment Systems

and Disposal Areas (Excluding Pig Effluent Disposal)

Any dwelling and any minor dwelling unit

Buffer Distance for Non-Domestic Effluent Treatment Systems

and Disposal Areas (for Pig Effluent Disposal)

(3) Any dwelling, any minor dwelling unit or community

facility outside the zones referred to in (1) and (2)

above…..








This change ensures that non-domestic effluent disposal facilities

are the required distance from minor dwelling units (as well as

from dwellings).

104 8.5.2

Infrastructure and

Services

Amend 8.5.2.3(1)(a)(iii) as follows:

Any Dwelling and Any Minor Dwelling Unit






Non-Domestic Effluent

Disposal

8.5.2.3(1)(a)(iii)

Means any habitable dwelling, any Minor Dwelling Unit or

any form of visitor accommodation which has been lawfully

established (not including dwellings, minor dwelling units or

visitor accommodation on the holding on which non-human

waste and/or wastes of a scale greater than “domestic” are

being discharged or disposed of).



This change ensures that the separation rules do not apply in

relation to minor dwelling units on the same property as the

disposal systems (to be consistent with the approach to

dwellings).

105 8.5

Infrastructure and

Services

8.5.6

Telecommunications

and Power

Amend 8.5.6.3; Standards as follows:

(1) In any zone, power shall be provided to the boundary

of each proposed additional allotment at the time of

subdivision in accordance with:

(a) The requirements … except that where only

one additional lot is being created proposed

allotment requires a connection, installation is

not required at the time of subdivision, where

the supply provider has confirmed in writing

that the connection is available at the standard

fee;

In accordance with 9.1.3(4) Objective 4, installation of multiple

power connections to serve a subdivision is most efficient and

effective when undertaken by the subdivider – rather than

multiple purchasers duplicating lines etc.

The current rule recognises this, but is based on the parent lot

already having a connection. Where this is not the case the

subdivider should install a connection to all lots in the

subdivision.

This also makes the rule consistent with those for sewer, water

and stormwater connections.

106 8.5

Infrastructure and

Services

8.5.6

Telecommunications

and Power

Amend 8.5.6.3 (Standards) as follows:

(2) In any urban area telecommunications shall be

provided to the boundary of each proposed additional

allotment at the time of subdivision in accordance with:

(a) The requirements … except that where only

one additional lot is being created proposed

allotment requires a connection, installation is

not required at the time of subdivision, where

the supply provider has confirmed in writing

that the connection is available at the standard

fee.

In accordance with 9.1.3(4) Objective 4, installation of multiple

telecommunications connections to serve a subdivision is most

efficient and effective when undertaken by the subdivider –

rather than multiple purchasers duplicating lines etc.

The current rule recognises this, but is based on the parent lot

already having a connection. Where this is not the case the

subdivider should install a connection to all lots in the

subdivision.

This also makes the rule consistent with those for sewer, water

and stormwater connections.

107 8.6

Appendices – Appendix

13

Class E Vehicle Entrance

Amend Appendix 13: Dimensions, Formation and

Construction of Vehicle Crossing Points; Class D and E as

follows:

Class E: Standard Residential Vehicle Entrance for residential

activities in the Urban Area (including on streets without

kerb and channel) (excluding the Low Density Residential

and Reserve (Active) Zones).

Class D: Standard Commercial/Industrial Vehicle Entrance for

non-residential activities in the Urban Area (including on

streets without kerb and channel).

The Urban Area consists of land within the Residential, Low

Density Residential, Township, Marae Development, Town

Centre, Industrial and Reserve (Active) zones.

In some cases there are streets that are currently without kerb

and channel where it would be appropriate for standard

residential vehicle entrances to be required at the time of

development – to address access, safety and amenity

considerations as required by the rule for vehicle entrances

8.4.3.3(1)(e). Additional words are required to ensure this is

clearly understood.

108 9.3

Subdivision Rules

Applicable in all Zones

9.3.2

Special Purpose Lots

Amend 9.3.2(1)(f) as follows:

(f) specified activities (with minimum required area for

the specified activity) for which a resource consent

has been granted and given effect to, or otherwise

where, although such consent would currently be

required, the use has been otherwise lawfully

established (this does not apply to dwellings in the

Rural, Coastal, or Karangahake Gorge Zone, or to

Minor Dwelling Units in the Rural, Residential and

Low Density Residential Zones).

The amendment is required to make it clear that Special Purpose

Lots are not able to be created (via subdivision) to provide for

Minor Dwelling Units where they are provided for in the Rural,

Residential and Low Density Residential zones.

The subdivision rule for minor dwelling units is Rule 9.2.2(2)(g).

109 Map 24

Esplanade Reserves

Update Map 24 to show esplanade reserve created since the

District Plan became operative, as shown on Map 12 in

Attachment 4.

(Delete Proposed Esplanade notation and replace with

Reserve (Passive) Zone).

An esplanade reserve has been created since the Hauraki section

of the District Plan became operative.

The map should be updated to reflect this.

110 Map 12 Amend Map 12 by adding “Proposed Esplanade” notation to

Whangamata 4A Block, as shown on Map 13 in Attachment 4.

Amend the map for land along the East Coast to show proposed

esplanade reserves (to match the text).

111 Map 34 Rezone Part Section 34 Block IV Katikati SD from Rural to

Conservation (Indigenous Forest) zone, as shown on Map 14

in Attachment 4.

As a consequential amendment change SNA pattern from

general to pattern for SNAs over Conservation zoned land.

The land is DOC administered land, but zoned Rural. All DOC

administered land in Hauraki District (Hauraki Area) is zoned

Conservation – either Wetland or Indigenous Forest, unless used

for a specific purpose for which another zone is more

appropriate.

Part Section 34 is in the Rural Area and is adjacent to other DOC

administered land zoned Conservation (Indigenous Forest) and is

largely covered in indigenous vegetation.

112 Map 34 Rezone Part Section 34 SO 45515 from Rural to Reserve

(Passive) zone, as shown on Map 14 in Attachment 4.

Part Section 34 SO 45515 consists of two strips of land (reserved

from sale) along a stream.

Rezoning these two strips Reserve (Passive) makes their zoning

consistent with that already applied to other similar strips

throughout the Hauraki section of the District Plan.

113 Maps G3, G5 & G7 Rezone Section 1 SO 55835, Queen Street, Paeroa from Rural

to Town Centre zone, as shown on Map 15 in Attachment 4.

The section is designated for Soil Conservation and River Control

with an underlying zoning of Rural.

There is a building on the site that was occupied by Valley Brake

Centre. Given its location, and the building on it, an underlying

zoning of Town Centre is appropriate.

114 Maps 12 & 19 Amend Maps 12 and 19 to show Proposed Esplanade

notation along actual course of the Waiharakeke Stream, as

shown on Map 16 in Attachment 4.

Proposed esplanade reserve is not shown along the actual route

of the stream.

115 Maps 17, 18, 23 & 24 Amend Maps 17, 18 and 19 by removing Water Supply

Catchment boundary line notations and catchment name

labels, as shown on Maps 17, 18 and 19 in Attachment 4.

None of these catchments are now being used as a source of

public water supply.

116 Maps G6 & G7 Amend Maps G6 and G7 by rezoning Lot 6 DP19807, corner

of Princes Street and Arney Street, Paeroa from Rural to

Town Centre, as shown on Map 20 in Attachment 4.

This section is designated for Soil Conservation and River

Control, with an underlying zoning of Rural.

It is formed as a public carpark for use in conjunction with Town

Centre activities.

Given its location, and the public carpark on it, an underlying

zoning of Town Centre is appropriate.

117 Map D Amend Map D by removing “unformed road” notation from

eastern section of Pah Road, and removing road name label,

as shown on Map 21 in Attachment 4.

“Pah Road” is not a public road – the ‘unformed road’ notation is

therefore not applicable and the road name label should be

removed to reduce confusion about status of this strip of land.

ATTACHMENT 1

Proposed 85 percentile car – tracking curves (Item 1)

Not: Not to scale.

Car dimensions and turning curves are as per AS/NZS 2890.1: 2004 Parking Facilities

ATTACHMENT 2

Proposed Changes to Zone Development Standards - Residential Zone

(Items 40 and 41)

Development

Standard *

Parameter Environmental

Result

Permitted and

Controlled

Restricted

Discretionary

Density (principal and

additional

dwelling/(s))

Waihi, Paeroa and Whiritoa:

Two or more dwellings per

certificate of title as a

Controlled Activity (refer to

5.7.4.2 C5).

Waihi, Paeroa and

Whiritoa: Two or more

dwellings per certificate

of title as a Controlled

Activity (refer to 5.7.4.2

C5).

To maintain the

residential character

and an appropriate

level of amenity.

Density (dwelling/(s)

and associated minor

dwelling unit/(s))

Density

(Comprehensive

Residential

Development)

A minimum net site area per

dwelling of 350m2

Waihi, Paeroa and

Whiritoa:

One dwelling and

associated minor

dwelling unit per

certificate of title (refer

to 5.7.4.3 RD3).

Two or more dwellings

approved as a Controlled


C5) and their associated

minor dwelling units as a



RD3).

A minimum net site area

per dwelling of 350m2

To maintain the

residential character

and an appropriate level

of amenity.

Outdoor Living Area

(Minor Dwelling Unit)

Minor dwelling unit as a



RD3)

Minimum Area: 30m2

Minimum Dimension:

Must contain a rectangle

with dimensions no less

than 3m by 4m.

To protect residential

amenities such as

privacy, quietness and

outdoor space.

ATTACHMENT 3

Proposed Changes to Zone Development Standards – Low Density Residential Zone

(Items 54, 55 and 55a)

Development

Standard *

Parameter Environmental

Result

Permitted and

Controlled

Restricted

Discretionary

Density (principal and

additional

dwelling/(s))

Waihi, Paeroa, & Whiritoa:



Controlled Activity (refer to

5.8.4.2 C2) where each

dwelling meets the density

residential area standard

above.

Waihi, Paeroa, &

Whiritoa:



Controlled Activity (refer

to 5.8.4.2 C2) where each

dwelling meets the

density residential area

standard above.

To maintain a low

density of development

that is appropriate to

the character of the

area and to ensure a

certain level of amenity

within the zone.

Density (dwelling/(s)

and associated minor

dwelling unit/(s))

Waihi, Paeroa, &

Whiritoa:

One dwelling and

associated minor dwelling

unit per certificate of title

(refer to 5.8.4.3 RD2).

Two or more dwellings

approved as a Controlled


C2) and their associated

minor dwelling units as a

Restricted-Discretionary


RD2).

To maintain a low

density of development

that is appropriate to

the character of the

area and to ensure a

certain level of amenity

within the zone.

Outdoor Living Area

(Minor Dwelling Unit)

Minor dwelling unit as a

Restricted-Discretionary


RD2). Minimum Area:

30m2. Minimum

Dimension: Must contain

a rectangle with

dimensions no less than

3m by 4m.

To protect residential

amenities such as

privacy, quietness and

outdoor space.

Minimum Residential

Area

Orchard Road/Parry Palm

Avenue Area, Waihi:

300m2 per dwelling

All other Areas:

700m2 per dwelling.

Orchard Road/Parry Palm

Avenue Area, Waihi:

300m2 per dwelling.

All other Areas:

700m2 per dwelling.

To maintain a low

intensity of

development that is

appropriate to the

character of the area

and to ensure a certain

level of amenity within

the zone.

Attachment 4 Map 1 ITEM 72 DP Map F2

Current Proposed

AT

TA

CH

ME

NT

4

Pro

po

sed

Ch

an

ge

s to P

lan

nin

g M

ap

s

(Item

s 72

, 73

, 74

, 75

, 78

, 79

, 80

, 81

, 82

, 83

, 10

9, 1

10

, 11

1, 1

12

, 11

3, 1

14

, 11

5, 1

16

& 1

17

)

Attachment 4 Map 2 ITEM 73 DP Maps K1, K4

Current Proposed

Attachment 4 Map 3 ITEM 74 DP Map K3

Current Proposed

Attachment 4 Map 4 ITEM 75 DP Map 31

Current Proposed

Attachment 4 Map 5 ITEM 78 DP Maps 17, 18

Current Proposed


Current Proposed


Current Proposed

Attachment 4 Map 8 ITEM 81 DP Map B

Current Proposed


Current Proposed

Attachment 4 Map 10 ITEM 82 DP Maps K5, K7

Current Proposed

Attachment 4 Map 11 ITEM 83 DP Map K4

Current Proposed


Current Proposed


Current Proposed

Attachment 4 Map 14 ITEMS 111 & 112 DP Map 34

Current Proposed

Attachment 4 Map 15 ITEM 113 DP Maps G3, G5, G7

Current Proposed


Current Proposed

Attachment 4 Map 17 ITEM 115 DP Maps 17, 18, 23, 24

Current Proposed

Attachment 4 Map 18 ITEM 115 DP Maps 23, 24, 29, 30

Current Proposed


Current Proposed

Attachment 4 Map 20 ITEM 116 DP Maps G6, G7

Current Proposed

Attachment 4 Map 21 ITEM 117 DP Map D

Current Proposed

Attachment 5 Map 1 ITEM 84

Current Proposed

AT

TA

CH

ME

NT

5

Pro

po

sed

Ch

an

ge

s of S

che

du

le o

f Sig

nifica

nt T

ree

s – P

ae

roa

Do

ma

in

(Item

84

)

Hauraki District Plan

September??? 202014

Section 7.7: Hazardous Substances and Contaminated Land

(Words in italics in rules and assessment criteria are defined in Section 4.0 Definitions)

7.7-1

7.7 HAZARDOUS SUBSTANCES AND CONTAMINATED LAND

7.7.1 BACKGROUND

(1) Hazardous substances are used by the agriculture, horticulture, forestry and industrial

sectors, as well as the domestic sector (but usually only in small amounts). As such,

hazardous substances are a common and important part of modern life. If properly handled,

used, stored and disposed of, the risks to the environment and to human health and safety

are very small. However, there are many examples both in New Zealand and internationally

that illustrate the effects of accidents and inappropriate use, storage, transportation and

disposal of hazardous substances.

(2) The Hazardous Substances and New Organisms Act 1996 and the Health and Safety at

Work Act 2015 are the legislation of primary importance with regard to the regulation of

hazardous substances. Councils are only able to place additional controls on hazardous

substances under the Resource Management Act 1991 if they are necessary to control

effects that are not covered by the Hazardous Substances and New Organisms Act 1996 and

the Health and Safety at Work Act 2015.

(3) In the Hauraki District, the Council has decided that additional controls are only required via

the District Plan specifically in relation to the disposal of hazardous substances – including for

activities such as waste incinerators, tailings storage facilities, and co-disposal of hazardous

substances to a landfill.

(2)(4) Section 31(1)(b) of the Resource Management Act 1991 imposes a duty on district councils

to control any actual and potential effects of the use, development or protection of land. This

includes preventing or mitigating any adverse effects of the storage, use, disposal or

transportation of hazardous substances (Section 31(1)(b)(ii) and preventing or mitigating any

adverse effects of the development, subdivision, or use of contaminated land (Section

31(1)(b)(iia)).

(3)(5) This is complemented by the functions given to the regional councils under Section

30(1)(c)(v) and 30(1)(ca) of the Act to also prevent or mitigate any adverse effects of the

storage, use, disposal, or transportation of hazardous substances, and to undertake the

investigation of land for the purposes of identifying and monitoring contaminated land.

(4)(6) The Waikato Regional Policy Statement identifies that both regional and district plans will be

used as one of the methods to avoid the adverse effects of the storage, use and disposal of

hazardous substances, and ensure consistent, efficient and effective approaches to the

remediation and management of contaminated sites.

(5)(7) With respect to this District Plan, the primary implementation method is generally the

development of rules (regulation). In providing these rules, some of the other implementation

methods will also come into play. Council recognises that a range of methods are presently

and will continue to be used to control and manage the effects of disposal of hazardous

substances. Many of these methods are outside the District Plan and under other legislation.

Waikato Regional Council has indicated that its focus will be on the prevention and

minimisation of risk to the environment and human health, through the provision of

ATTACHMENT 6; Section 7.7; Hazardous Substances and Contaminated Land (Item 93)


September??? 202014



7.7-2

information, advocacy, coordination between agencies, provision of services and financial

instruments.

(6)(8) Rules and other provisions in the District Plan can assist in avoiding, remedying or mitigating

the adverse effects of the disposal of hazardous substances activities in terms of the location

of activities (especially in relation to sensitive environments or activities), protecting the main

traffic routes from development that would reduce the road’s safety and efficiency for

transportation purposes and ensuring that appropriate performance standards are included

that can be complied with.

(7)(9) One of the major environmental tasks to be addressed is the "clean up" of existing

contaminated land. A National Environmental Standard (NES) for Assessing and Managing

Contaminants in Soils came into force on 1 January 2012 to ensure that land affected by

contaminants in soil is appropriately identified and assessed at the time of being developed

and if necessary remediated, or the contaminants contained, to make the land safe for

human use. The NES prescribes:

• Controls that direct the requirement for resource consent or otherwise for activities and

subdivision on contaminated land or potentially contaminated land.

• Methods for establishing applicable numerical standards for contaminants in soil.

• Use of established best practice guidelines for investigating and reporting on

contaminated or potentially contaminated land.

7.7.2 RESOURCE MANAGEMENT ISSUES

(1) The handling, transport, storage, use and disposal of hazardous substances can pose a risk

give rise to adverse effects on to the environment including amenity concerns if not properly

and to human health and safety if not appropriately managed.

(2) The use and development of land containing contaminated soils can lead to environmental

effects if the contaminants are not identified and the land is not remediated to make it

environmentally sound and safe for human use.

7.7.3 OBJECTIVES AND POLICIES

(1) OBJECTIVE 1

To avoid, remedy or mitigate the risk of adverse effects to the environment and the

community, associated with the transportation of hazardous substances for disposal.

(a) Policies

Objective 1 will be achieved by implementation of the following policies:

(i) Ensure that adverse effects of activities on the efficiency and safety of the

transport routes are avoided, remedied or mitigated (eg through access design,

location and formation).


September??? 202014



7.7-3

(ii) Provide for the use, manufacture and storage disposal of hazardous substances

in locations that are readily able to gain access to the main transport routes.

Where possible the facility for the disposal of hazardous substancesfacility should

be located to avoid the need for transport carrying the hazardous substance to

regularly pass through residential areas and other urban areas (excluding

Industrial zones).

(iii) Make one of the matters to be considered, when assessing an application for a

resource consent for using or storing disposing of hazardous substances, the

risks associated with the transportation of the substance to the disposal

facilitysite.

(iv) Ensure that the routes used in the transportation of hazardous substances are

maintained to a standard that seeks to minimise the risk of accident as a result of

the road design, formation, sign posting and other road factors.

(b) Reasons

(i) The control of the actual transportation of hazardous substances rests principally

with the Commissioner of Police and the New Zealand Transport Agency under

the Hazardous Substances and New Organisms Act 1996 (HSNO), not with the

District Council.

(ii) The District Plan has a role to play in protecting the transportation resource from

the adverse effects of other adjoining activities.

(2) OBJECTIVE 2

To minimise the risks of adverse effects to the environment and the community associated

with the use and storage of hazardous substances.

(a) Policies


(i) Requiring that the location of sites on which hazardous substances can be stored

and on which those facilities that involve the use of hazardous substances can

operate should be separated from environments that would be adversely affected

by the inadvertent release of hazardous materials.

(ii) Making the risks to the environment and community associated with the

hazardous facility one of the matters to be considered when assessing an

application.

(b) Reasons

(i) The potential adverse effects from the use and storage of some hazardous

substances are such that in some locations (eg residential, wetlands, reserves)

the risk to the environment, amenity and public health and wellbeing should be

avoided.

(3) OBJECTIVE 3


September??? 202014



7.7-4

To minimise the risk of adverse effects on the environment and the community from

contaminated land and the disposal of hazardous substances that occurred in the past, and

that will occur in the future.

(a) Policies


(i) Exclude the disposal of hazardous substances from the provisions for general

excavation and fill.

(ii) Ensure that contaminated land is managed in such a way to either avoid

subdivision, use or development of land that presents a significant risk to health,

safety or the environment, or to ensure that land is managed so that any potential

risks are at acceptable levels for the proposed land use and the environment.

This will occur in conjunction with the Regional Council.

(iii) Discourage the disposal of any hazardous substance anywhere in the District,

apart from consented authorised sites.

(iv) Promote the establishment of facilities outside the District to safely dispose of

hazardous substances, where such facilities are not provided in the District.

(b) Reasons

(i) The integrated action of both Regional and District Councils will ensure that

contaminated land is appropriately managed throughout the District.

(ii) The District Plan needs to give a clear message that the disposal of hazardous

substances is not encouraged or provided for only in the appropriate zones..

(4)(3) OBJECTIVE 34

To increase the level of public and user knowledge and, education regarding and

involvement in minimising the use of hazardous substances and the safe and correct

methods of the use, storage and the disposal of hazardous substances.

(a) Policies


(i) To identify and promote suitable industrial standards and Codes of Practice to

prevent or mitigate environmental effects and risks associated with disposal of

hazardous substances and environmentally damaging substances and facilities.

(ii) Continue to work with organisations (eg Waikato Regional Council, District Health

Board, New Zealand Police, New Zealand Chemical Industry Council) and in

forums (eg Hamilton Hazardous Substances Technical Liaison Committee) that

seek to inform and educate the specific users and the public in general on the

ways in which to minimise the use of and the risks associated with disposal of


(iii) To promote land uses and land use practices which avoid, remedy or mitigate

adverse effects from the use disposal of hazardous substances while enabling

maximum benefit to be derived from use of such substances.


September??? 202014



7.7-5

(b) Reasons

(i) A range of methods is required to inform and educate the public and users of the

risks and effects of disposal of hazardous substances.

(5)(4) OBJECTIVE 45

To assist in the coordination of the agencies responsible for the control and management of


(a) Policies


(i) Continue to be part of and support the statutory and non- statutory bodies (such

as Environmental ProtectionRisk Management Authority (EPARMA), Department

of Labour, Gas Association of NZ) with a responsibility for or an interest in the

minimisation of the use of and risks associated with disposal of hazardous

substances.

(ii) Encourage consultation with those persons with an interest in, or who are affected

by a resource consent application.

(b) Reasons

(i) The control and management of hazardous substances is the responsibility of a

number of organisations, and coordination amongst the agencies is required to

ensure that resources are not wasted due to duplication of effort, and the

appropriate agencies are notified.

(ii) While accepting that the methods of education, information sharing and advocacy

are outside the role of the District Plan, the use of rules in the District Plan can

enable these other methods to be used.

7.7.4 ENVIRONMENTAL RESULTS

(1) The minimisation of adverse effects from the use, storage, disposal and transportation to the

disposal facility, of hazardous substances on the environment and human health.

(2) In conjunction with the responsibilities and work undertaken by other agencies, increased

awareness and knowledge of hazardous substances, resulting in the risks and effects on the

environment being reduced, and achieving the integrated management of hazardous

substances.

7.7.5 ACTIVITIES

(1) INTRODUCTION

Council has adopted the "Hazardous Facilities Screening Procedure" (HFSP’) contained in

the document titled “Land Use Planning Guide for Hazardous Facilities – A Resource for


September??? 202014



7.7-6

Local Authorities and Hazardous Facilities Operators, Ministry for the Environment (February

2002)” as the approach to managing hazardous facilities. This document focuses on

assessing potential adverse effects of three kinds:

(a) effects caused by fire and/or explosion;

(b) effects on human health;

(c) environmental effects.

(2) Possible adverse effects of hazardous substances can be predicted by the level of hazard of

the substance and the anticipated consequences of its release. Adverse effects include:

(a) contamination of water, soil and air;

(b) short and long term damage to ecosystems;

(c) accumulation of persistent substances in the bodies of humans and animals, resulting

in chronic and/or long term damage to their health;

(d) acute damage to human health through exposure to substances affecting skin,

mucous membranes, respiratory, digestive and other systems;

(e) damage to the environment from fire or explosion events;

(f) damage to human health and property from fire or explosion events.

(2) In order to assess the hazard posed by various substances and the risk they present, Council

has adopted the HFSP for use in assessing hazardous activities or facilities.

(2) HAZARDOUS FACILITY SCREENING PROCEDURE (‘HFSP’)

(f) The HFSP will be applied to all proposed new hazardous facilities using or storing


(f) Existing facilities will not be subject to the HFSP unless they significantly expand or

alter their operations. A significant alteration occurs when the effects of the use are not

the same or similar in character, intensity or scale as previously, as defined by

Sections 10, 10A and 20A of the Resource Management Act 1991. It is unlikely that

the replacement of tanks or other equipment would attract screening by the HFSP

unless this would enable a considerable increase in the storage or use of hazardous

substances.

(f) The HFSP will be used as a screening tool to assist in making decisions on:

(i) whether a proposed hazardous facility is permitted, subject to defined minimum

performance standards; or

(ii) whether it requires a consent and additional, merit-based assessment of risks.

(g) Activities involving radio-active sources are excluded from the HFSP assessment

process, because they are covered under the rules of the Radiation Protection

Regulations 1982. These Regulations are administered by the Ministry of Health

through the National Radiation Laboratory.


September??? 202014



7.7-7

(3)(1) CONTAMINATED LAND

(a) The National Environmental Standard (NES) for Assessing and Managing

Contaminants in Soil to Protect Human Health Regulations 2011 applies to assessing

and managing the potential adverse effects of contaminants in soil on human health,

from particular activities. Those activities comprise subdivision, land use change, soil

disturbance, soil sampling or removing and replacing fuel storage systems. Any activity

which is the subject of the NES is required to comply with the gazetted regulations.

Where compliance with permitted activity provisions of those regulations cannot be

achieved, resource consent is required to be obtained. Council is responsible for

observing and enforcing the provisions of the NES.

Note:

(i) For information purposes a copy of the Resource Management (National

Environmental Standard for Assessing and Managing Contaminants in Soil to

Protect Human Health) Regulations 2011, is included in Appendix 7.7A in Section

7.7.15. Users should refer to the latest version of this legislation.

(ii) The District Plan does not contain rules that address contaminated land

provisions to the extent addressed by the NES, or for any other purpose not

otherwise covered in the NES.

7.7.6 PERMITTED ACTIVITIES

(1) The following are Permitted Activities in all zones and shall comply with the Performance

Standards specified in Rule 7.7.13 below:

(a) Any hazardous facility with an Effects Ratio that equals or falls below the Effects Ratio

(R) specified for the zone in which it proposes to locate, as indicated in the HFSP

Consent Status Matrix in Rule 7.7.12(5) below.

(b)(a) The co-disposal of hazardous substance to a landfill operation, but only where:

(i) the landfill is operating under a resource consent or a requirement that provides

for the disposal of hazardous substances

(ii) the hazardous substance is listed as being permitted to be disposed of in the

landfill

(iii) the hazardous substance is within the quantities and concentrations permitted in

the landfill

(iv) the disposal is undertaken and completed in accordance with the conditions

controlling the landfill operation.

Note: Refer to the exemptions in Rule 7.7.14.

(b) The placement of waste rock and tailings within existing underground mine drives,

stopes and other voids, using existing consented portals and underground road ways.


September??? 202014



7.7-8

7.7.7 CONTROLLED ACTIVITIES

(1) There are no Controlled Activities.

7.7.8 RESTRICTED DISCRETIONARY ACTIVITIES

(1) The following are Restricted Discretionary Activities in all zones and the Council will restrict

the exercise of its discretion to the relevant matters listed in (2) below:

(a) Any hazardous facility with an Effects Ratio above the Effects Ratio (R) specified for

the zone in which it proposes to locate, as indicated in the HFSP Consent Status

Matrix in Rule 7.7.12(5) below.

(b)(a) Facilities for the disposal of hazardous substances within the Rural, Martha Mineral

and Golden Cross Mineral Zones, not otherwise provided for as a Permitted Activity.

(c)(b) Co-disposal of hazardous substances to a landfill operation, not provided for as a

permitted activity in Rule 7.7.6(1)(ab).

(d) The storage of petrol, diesel and LPG as part of the operation of service stations

where the following are complied with:

(i) Storage of between 100,000 litres and 200,000 litres of petrol in underground

storage tanks;

Storage of between 50,000 litres and 120,000 litres of diesel in underground

storage tanks;

(ii) Storage of between 6 tonnes and 12 tonnes of LPG in a single-vessel storage

system.


(2) The matters over which the Council has restricted its discretion for the above Restricted

Discretionary Activities are:

(a) Hazardous Substances/Facilities – Storage, Use and Disposal Facilities

(i) The degree to which the location of the use or storage of the hazardous

substance /disposal facility, in relation to other activities and environments,

reduces the risks of adverse effects (including noise and visual effects) on those

activities and environments. In particular, the following will be taken into account:

(1) the separation distance to neighbouring activities, with emphasis on people-

sensitive activities such as child care facilities, schools, rest homes,

hospitals, shopping centres, dwellings and residential areas;

(2) the location of the facility in relation to the nearest aquifer, waterway, coast or

other sensitive environments;

(3) the distance to environmentally sensitive areas such as wildlife habitats or

water catchments.

(3)(4) the area of highly productive land proposed to be taken up.


September??? 202014



7.7-9

(ii) Whether other actions or works have been undertaken that reduce the degree of

risk to a level that is acceptable in the circumstances, eg:

(1) identification of potential hazards, failure modes and exposure pathways;

(2) investigation of the nature of the sub-soil and the site geology;

(3) assessment of the probability and potential consequences of an accident

leading to a release of a hazardous substance or loss of control;

(4) identification of cumulative and/or synergistic effects;

(5) site drainage and off-site infrastructure, eg stormwater drainage system,

sewer type and capacity.

(iii) Whether there are management practices in place (which will continue to be in

place) that will significantly reduce the level of risk eg:

(0) fire safety and fire water management;

(0) adherence to health and safety and/or environmental management systems;

(0) spill contingency and emergency planning, monitoring and maintenance

schedules.

(vii)(iii) Whether other alternative locations and processes were evaluated, and their

respective benefits and costs compared with the proposal.

(viii) Whether the level and detail of the qualitative and/or quantitative risk assessment

is adequate to fully assess the risk associated with the facility.

(ix)(iv) The effects of level of risk associated with the transportation of hazardous

substances to the disposal facility, both for the roading network and for the

amenity of the environment through which the transport route concerned passes.

(x)(v) Whether the development of the hazardous substances disposal facility will

result in restrictions being imposed on the existing or potential use of adjacent

land.

(vi) The degree to which the "direction" of the adverse effect is influenced by factors

such as topography of the site and surrounding area, and existing structures.

(vii) Whether improvements are required to the adjacent road system and

infrastructure.

(viii) Whether vehicles entering and leaving the site can be accommodated without

adversely impacting on the activities of adjacent sites, the safe and efficient

functioning of the road system and the road infrastructure.

(xi)(ix) Any comments from the Road Controlling Authority.

7.7.9 DISCRETIONARY ACTIVITIES

(1) There are no Discretionary Activities.


September??? 202014



7.7-10

7.7.10 NON COMPLYING ACTIVITIES

(1) The following are Non Complying Activities:

(a) Any hazardous facility in a zone not specified in the Hazardous Facilities Screening

Procedure Consent Status Matrix in Rule 7.7.12(5).

(b)(a) Any facility for the disposal of hazardous substances not provided for as a permitted or

restricted discretionary activity.


7.7.11 PROHIBITED ACTIVITIES

(1) There are no Prohibited Activities.

7.7.12 HAZARDOUS FACILITIES SCREENING PROCEDURE (HFSP) CONSENT

STATUS MATRIX

(1) The HFSP Consent Status Matrix in Rule 7.7.12(5) below shall be used to determine the

consent status of a hazardous facility in the zone where it is to be located.

(2) The calculation of the Effects Ratio (R) shall be undertaken by a person or organisation

experienced, qualified and presently operating in the field of hazardous substances and

facilities, using the "Hazardous Facilities Screening Procedure" contained in the document

titled “Land Use Planning Guide for Hazardous Facilities – A Resource for Local Authorities

and Hazardous Facilities Operators, Ministry for the Environment (February 2002)”.

(3) Where there is any disagreement as to the Effects Ratio (R) value, then the matter shall be

referred to an independent expert agreed to by both parties for a determination.

(4) If a zone is not included in the Matrix, or a hazardous substance exceeds the limit for it to be

a restricted discretionary activity, then it shall be a non complying activity. There are no

prohibited activities for hazardous substances.

(5) The Hazardous Facilities Screening Procedure: Consent Status Matrix is set out in the

following table.

Zone

Consent Status

Permitted Restricted

Discretionary


Residential

Marae Development

≤0.05 > 0.05

Town Centre ≤ 0.25 > 0.25


September??? 202014



7.7-11

Zone

Consent Status

Permitted Restricted

Discretionary

Rural

Coastal

Karangahake Gorge

Township

Industrial ≤ 1 > 1

7.7.13 PERFORMANCE STANDARDS

(1) The “Minimum Performance Requirements for Hazardous Substances” set out in Section 4.4

of the document titled “Land Use Planning Guide for Hazardous Facilities – A Resource for

Local Authorities and Hazardous Facilities Operators, Ministry for the Environment (February

2002)” shall apply to all hazardous facilities as permitted activities.

7.7.14 EXEMPTIONS FROM THE HFSP

(1) The following are exempt from the HFSP:

(a) The storage of petrol, diesel and LPG as part of the operation of service stations,

where the following are complied with:

(i) Storage of up to 100,000 litres of petrol in underground storage tanks and up to

50,000 litres of diesel, provided that the "Code of Practice for the Design,

Installation and Operation of Underground Petroleum Systems", published by the

Department of Labour (Occupational Safety and Health Service), is adhered to.

(ii) Storage of up to 6 tonnes (single vessel storage system) of LPG, provided that

the "Australian Standard (AS/NZA 1596-2008) for LP Gas Storage and Handling -

Siting of LP Gas Automotive Retail Outlets" is adhered to.

Reason

Control of these developments is provided for elsewhere and well established industry

codes of practice or suitable regulations exist.

(b) Trade waste to public sewer system and waste treatment or disposal facilities.

Reason

The difficulty of identifying the quantity and nature of the substances involved and the

conditions of consent that apply to such systems and facilities.

(c) Storage or use of hazardous consumer products for private domestic purposes.

Reason


September??? 202014



7.7-12

The degree of hazard is generally below the scale of potential adverse effects

considered by the HFSP.

(d) Retail outlets for the domestic usage sale of hazardous substances (eg supermarkets,

hardware shops, pharmacies).

Reason

Storage of hazardous substances is generally in small packages.

(e) Facilities using genetically modified or new organisms.

Reason

These are controlled by other legislation.

(f) Developments that are or may be hazardous but do not involve hazardous substances

(eg mineral extraction, high voltage transmission lines, radio masts, electrical

substances).

Reason

These are controlled by other District Plan provisions.

(g) Dust resulting from explosions.

Reason

These are controlled under rules relating to discharge of contaminants to the air under

the Waikato Regional Plan.

(h) Gas and oil pipelines.

Reason

These are controlled by other legislation and industry codes.

(i) Fuel in motor vehicles, drilling rigs, boats and small engines such as weedeaters,

lawnmowers, chainsaws etc.

Reason

The degree of hazard is generally below the scale of potential effects considered by

the HFSP.

(j) Storage and use of LPG accessory to residential and rural activities, provided that the

maximum volume on a residential property at any one time does not exceed 100kg,

and on a rural property at any one time does not exceed 300kg.

Reason


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The maximum volumes are typical of normal residential or rural use; the potential

hazard risks are considered to be low and are controlled by other legislation and

industry standards.

(k) Storage or use of fertiliser on properties greater than 4 hectares in the rural area

subject to compliance with the Hazardous Substances and New Organisms Act 1996 –

Fertilisers (Oxidising 5.1.1 Group Standard 2006, Part 2 Site and Storage).

Reason

Potential hazard risks are considered to be low and are controlled by other legislation.

(l) On farm storage and use of agrichemicals in the rural area in compliance with

NZS8409:2004.

Reason


(m) The use and storage of radioactive material covered by the Radiation Protection Act

1965 and the Radiation Protection Regulations 1982.

Reason



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APPENDIX 7.7A – NATIONAL ENVIRONMENTAL STANDARD FOR ASSESSING

AND MANAGING CONTAMINANTS IN SOIL TO PROTECT HUMAN HEALTH

Note: The following regulations are for information purposes and users should refer to the

latest version of this legislation.

2011/361

Resource Management (National Environmental Standard

for Assessing and Managing Contaminants in Soil to

Protect Human Health) Regulations 2011

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 10th day of October 2011

Present:

His Excellency the Governor-General in Council

Pursuant to section 43 of the Resource Management Act 1991, His Excellency the Governor-General, acting on

the advice and with the consent of the Executive Council, and on the recommendation of the Minister for the

Environment given in accordance with section 44 of the Act, makes the following regulations.

Contents

1 Title

2 Commencement

3 Interpretation

4 Relationship of regulations with territorial authority and regional council functions

5 Application

6 Methods

7 Standards


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8 Permitted activities

9 Controlled activities

10 Restricted discretionary activities

11 Discretionary activities

Regulations

1 Title

These regulations are the Resource Management (National Environmental Standard for Assessing and

Managing Contaminants in Soil to Protect Human Health) Regulations 2011.

2 Commencement

These regulations come into force on 1 January 2012.

3 Interpretation

In these regulations,—

Act means the Resource Management Act 1991

current edition means the edition that has legal effect when the edition is being used

detailed site investigation means an investigation that—

(a) is done by a suitably qualified and experienced practitioner; and

(b) is done in accordance with the current edition of Contaminated Land Management

Guidelines No. 5–Site Investigation and Analysis of Soils, Wellington, Ministry for the

Environment; and

(c) is reported on in accordance with the current edition of Contaminated Land Management

Guidelines No. 1–Reporting on Contaminated Sites in New Zealand, Wellington,

Ministry for the Environment; and

(d) results in a report that is certified by the practitioner

fuel storage system means a system in which at least 1 of the following is underground:

(a) a storage tank for aviation kerosene, diesel, kerosene, lubricating oil, or petroleum:

(b) the whole of the tank's ancillary equipment:

(c) part of the tank's ancillary equipment

HAIL means the current edition of the Hazardous Activities and Industries List, Wellington, Ministry

for the Environment

person means the person referred to in regulation 5(1)(a)

preliminary site investigation means an investigation that—

(a) is done by a suitably qualified and experienced practitioner; and

(b) is reported on in accordance with the current edition of Contaminated Land Management

Guidelines No. 1–Reporting on Contaminated Sites in New Zealand, Wellington,

Ministry for the Environment; and

(c) results in a report that is certified by the practitioner.


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4 Relationship of regulations with territorial authority and regional council

functions

These regulations—

(a) deal with territorial authority functions under section 31 of the Act:

(b) do not deal with regional council functions under section 30 of the Act.

5 Application

(1) These regulations—

(a) apply when a person wants to do an activity described in any of subclauses (2) to (6) on a

piece of land described in subclause (7) or (8):

(b) do not apply when a person wants to do an activity described in any of subclauses (2) to

(6) on a piece of land described in subclause (9).

Activities

(2) An activity is removing a fuel storage system from the piece of land or replacing a fuel storage

system in or on the piece of land, which means—

(a) doing any of the following:

(i) removing or replacing the whole system:

(ii) removing or replacing an underground part of the system:

(iii) taking away or putting back soil associated with the removal or replacement of

the system or the part:

(b) doing any of the following for purposes associated with removing or replacing the whole

system or part of the system:

(i) sampling the soil of the piece of land:

(ii) investigating the piece of land:

(iii) remediating the piece of land:

(iv) validating the piece of land:

(v) managing the piece of land.

(3) An activity is sampling the soil of the piece of land, which means sampling it to determine whether

or not it is contaminated and, if it is, the amount and kind of contamination.

(4) An activity is disturbing the soil of the piece of land, which—

(a) means disturbing the soil of the piece of land for a particular purpose:

(b) does not include disturbing the soil of the piece of land, whatever the purpose, if the land

is land to which regulation 33(9) or 36 of the Resource Management (National

Environmental Standard for Electricity Transmission Activities) Regulations 2009

applies.

(5) An activity is subdividing land, which means subdividing land—

(a) that has boundaries that are identical with the boundaries of the piece of land; or

(b) that has all the piece of land within its boundaries; or

(c) that has part of the piece of land within its boundaries.

(6) An activity is changing the use of the piece of land, which means changing it to a use that, because

the land is as described in subclause (7), is reasonably likely to harm human health.

Land covered

(7) The piece of land is a piece of land that is described by 1 of the following:


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(a) an activity or industry described in the HAIL is being undertaken on it:

(b) an activity or industry described in the HAIL has been undertaken on it:

(c) it is more likely than not that an activity or industry described in the HAIL is being or has

been undertaken on it.

(8) If a piece of land described in subclause (7) is production land, these regulations apply if the

person wants to—

(a) remove a fuel storage system from the piece of land or replace a fuel storage system in or

on the piece of land:

(b) sample or disturb—

(i) soil under existing residential buildings on the piece of land:

(ii) soil used for the farmhouse garden or other residential purposes in the

immediate vicinity of existing residential buildings:

(iii) soil that would be under proposed residential buildings on the piece of land:

(iv) soil that would be used for the farmhouse garden or other residential purposes in

the immediate vicinity of proposed residential buildings:

(c) subdivide land in a way that causes the piece of land to stop being production land:

(d) change the use of the piece of land in a way that causes the piece of land to stop being

production land.

Land not covered

(9) These regulations do not apply to a piece of land described in subclause (7) or (8) about which a

detailed site investigation exists that demonstrates that any contaminants in or on the piece of land

are at, or below, background concentrations.

6 Methods

(1) Subclauses (2) and (3) prescribe the only 2 methods that the person may use for establishing

whether or not a piece of land is as described in regulation 5(7).

(2) One method is by using information that is the most up-to-date information about the area where

the piece of land is located that the territorial authority—

(a) holds on its dangerous goods files, property files, or resource consent database or

relevant registers; or

(b) has available to it from the regional council.

(3) The other method is by relying on the report of a preliminary site investigation—

(a) stating that an activity or industry described in the HAIL is, or is not, being undertaken on

the piece of land; or

(b) stating that an activity or industry described in the HAIL has, or has not, been undertaken

on the piece of land; or

(c) stating the likelihood of an activity or industry described in the HAIL being undertaken,

or having been undertaken, on the piece of land.

(4) The person must—

(a) choose which of the 2 methods to use; and

(b) meet all the costs involved in using the method that the person has chosen.

7 Standards

(1) In this regulation,—

land use means—


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(a) the current use, if the activity the person wants to do is—

(i) to remove a fuel storage system from the piece of land or replace a fuel storage

system in or on the piece of land:

(ii) to sample the soil of the piece of land:

(iii) to disturb the soil of the piece of land:

(b) the intended use, if the activity the person wants to do is—

(i) to subdivide land:

(ii) to change the use of the piece of land

Methodology means the current edition of the Methodology for Deriving Standards for Contaminants in

Soil to Protect Human Health, Wellington, Ministry for the Environment

priority contaminant means a contaminant for which the Methodology derives a soil contaminant

standard.

(2) If the contaminant of concern is a priority contaminant and the land use fits within an exposure

scenario adopted in the Methodology, the applicable standard is the soil contaminant standard for

the priority contaminant.

(3) If the contaminant of concern is a priority contaminant and the land use does not fit within an

exposure scenario adopted in the Methodology, the applicable standard is whichever of the

following is more appropriate in the circumstances:

(a) the guideline value derived in accordance with the methods and guidance on site-specific

risk assessment provided in the Methodology:

(b) the soil contaminant standard for the priority contaminant of the exposure scenario

adopted in the Methodology with greater assumed exposure than the actual exposure.

(4) If the contaminant of concern is not a priority contaminant, the applicable standard is whichever of

the following is more appropriate in the circumstances:

(a) the guideline value derived in accordance with the methods and guidance on site-specific

risk assessment provided in the Methodology:

(b) a guideline value for the protection of human health that is chosen in accordance with the

current edition of Contaminated Land Management Guidelines No. 2–Hierarchy and

Application in New Zealand of Environmental Guideline Values, Wellington, Ministry

for the Environment.

8 Permitted activities

Removing or replacing fuel storage system

(1) Removing or replacing a fuel storage system is a permitted activity while the following

requirements are met:

(a) the activity must be done in accordance with the current edition of Guidelines for

Assessing and Managing Petroleum Hydrocarbon Contaminated Sites in New Zealand,

Wellington, Ministry for the Environment:

(b) the territorial authority of the district where the system is located must be notified of—

(i) the place where the activity is to be done:

(ii) the dates on which it is intended that the activity begin and end:

(iii) the facility at which it is intended that soil taken away in the course of the

activity be disposed of:

(c) notification under paragraph (b) must be done no sooner than 1 month and no

later than 1 week before the activity begins:


September??? 202014



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(d) the volume of soil disturbed must be no more than 30 m3 for each tank in the

system:

(e) the volume of soil taken away in the course of the activity must be no more than

30 m3 for each tank in the system:

(f) soil taken away in the course of the activity must be disposed of at a facility

authorised to receive soil of that kind:

(g) the duration of the activity must be no longer than 2 months:

(h) the results of the investigation of the piece of land required by the guidelines

described in paragraph (a) must be reported to the territorial authority within 3

months after the activity ends.

Sampling soil

(2) Sampling the soil of the piece of land is a permitted activity while the following requirements are

met:

(a) controls to minimise the exposure of humans to mobilised contaminants must—

(i) be in place when the activity begins:

(ii) be effective while the activity is done:

(iii) be effective until the soil is reinstated to an erosion-resistant state:

(b) the soil must be reinstated to an erosion-resistant state within 1 month after the end of the

course of sampling for which the activity was done:

(c) soil must not be taken away in the course of the activity except as samples taken for the

purpose of laboratory analysis:

(d) the integrity of a structure designed to contain contaminated soil or other contaminated

materials must not be compromised.

Disturbing soil

(3) Disturbing the soil of the piece of land is a permitted activity while the following requirements are

met:

(a) controls to minimise the exposure of humans to mobilised contaminants must—

(i) be in place when the activity begins:

(ii) be effective while the activity is done:

(iii) be effective until the soil is reinstated to an erosion-resistant state:

(b) the soil must be reinstated to an erosion-resistant state within 1 month after the serving of

the purpose for which the activity was done:

(c) the volume of the disturbance of the soil of the piece of land must be no more than 25 m3

per 500 m2:

(d) soil must not be taken away in the course of the activity, except that,—

(i) for the purpose of laboratory analysis, any amount of soil may be taken away as

samples:

(ii) for all other purposes combined, a maximum of 5 m3 per 500 m2 of soil may be

taken away per year:

(e) soil taken away in the course of the activity must be disposed of at a facility authorised to

receive soil of that kind:

(f) the duration of the activity must be no longer than 2 months:

(g) the integrity of a structure designed to contain contaminated soil or other contaminated

materials must not be compromised.


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Subdividing or changing use

(4) Subdividing land or changing the use of the piece of land is a permitted activity while the

following requirements are met:

(a) a preliminary site investigation of the land or piece of land must exist:

(b) the report on the preliminary site investigation must state that it is highly unlikely that

there will be a risk to human health if the activity is done to the piece of land:

(c) the report must be accompanied by a relevant site plan to which the report is referenced:

(d) the consent authority must have the report and the plan.

Consequence if requirement not met

(5) If a requirement described in any of subclauses (1) to (3) is not met, the activity is a

controlled activity under regulation 9 while it meets the requirements in regulation 9(1).

(6) If a requirement described in subclause (4) is not met, the activity is a controlled activity

under regulation 9 while it meets the requirements in regulation 9(3).

9 Controlled activities

Removing or replacing fuel storage system, sampling soil, or disturbing soil

(1) If a requirement described in any of regulation 8(1) to (3) is not met, the activity is a controlled

activity while the following requirements are met:

(a) a detailed site investigation of the piece of land must exist:

(b) the report on the detailed site investigation must state that the soil contamination does not

exceed the applicable standard in regulation 7:

(c) the consent authority must have the report:

(d) conditions arising from the application of subclause (2), if there are any, must be

complied with.

(2) The matters over which control is reserved are as follows:

(a) the adequacy of the detailed site investigation, including—

(i) site sampling:

(ii) laboratory analysis:

(iii) risk assessment:

(b) how the activity must be—

(i) managed, which may include the requirement of a site management plan:

(ii) monitored:

(iii) reported on:

(c) the transport, disposal, and tracking of soil and other materials taken away in the course

of the activity:

(d) the timing and nature of the review of the conditions in the resource consent:

(e) the duration of the resource consent.

Subdividing or changing use

(3) If a requirement described in regulation 8(4) is not met, the activity is a controlled activity while

the following requirements are met:


(b) the report on the detailed site investigation must state that the soil contamination does not

exceed the applicable standard in regulation 7:


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7.7-21



complied with.

(4) The matter over which control is reserved is the adequacy of the detailed site investigation,

including—

(a) site sampling:

(b) laboratory analysis:

(c) risk assessment.

No public notification of application for resource consent

(5) The consent authority must not give public notification of an application for a resource consent to

do any of the activities.


(6) If a requirement described in this regulation is not met, the activity is a restricted discretionary

activity under regulation 10 while it meets the requirements in regulation 10(2).

10 Restricted discretionary activities

(1) This regulation applies to an activity described in any of regulation 5(2) to (6) on a piece of land

described in regulation 5(7) or (8) that is not a permitted activity or a controlled activity.

(2) The activity is a restricted discretionary activity while the following requirements are met:


(b) the report on the detailed site investigation must state that the soil contamination exceeds

the applicable standard in regulation 7:



complied with.

(3) The matters over which discretion is restricted are as follows:

(a) the adequacy of the detailed site investigation, including—

(i) site sampling:

(ii) laboratory analysis:

(iii) risk assessment:

(b) the suitability of the piece of land for the proposed activity, given the amount and kind of

soil contamination:

(c) the approach to the remediation or ongoing management of the piece of land, including—

(i) the remediation or management methods to address the risk posed by the

contaminants to human health:

(ii) the timing of the remediation:

(iii) the standard of the remediation on completion:

(iv) the mitigation methods to address the risk posed by the contaminants to human

health:

(v) the mitigation measures for the piece of land, including the frequency and

location of monitoring of specified contaminants:

(d) the adequacy of the site management plan or the site validation report or both, as

applicable:


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(e) the transport, disposal, and tracking of soil and other materials taken away in the course

of the activity:

(f) the requirement for and conditions of a financial bond:

(g) the timing and nature of the review of the conditions in the resource consent:

(h) the duration of the resource consent.


(4) If a requirement described in this regulation is not met, the activity is a discretionary activity under

regulation 11.

11 Discretionary activities

(1) This regulation applies to an activity described in any of regulation 5(2) to (6) on a piece of land

described in regulation 5(7) or (8) that is not a permitted activity, controlled activity, or restricted

discretionary activity.

(2) The activity is a discretionary activity.

Rebecca Kitteridge,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations provide a national environmental standard for activities on pieces of land whose soil may be

contaminated in such a way as to be a risk to human health. The activities are removing or replacing a fuel

storage system, sampling the soil, disturbing the soil, subdividing land, and changing the use of the piece of land.

The activities are classed as permitted activities, controlled activities, restricted discretionary activities, or

discretionary activities.

The current editions of documents incorporated by reference are available on the Ministry for the Environment's

website.

The regulations come into force on 1 January 2012.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 13 October 2011.

These regulations are administered by the Ministry for the Environment.

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