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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.
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.
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.
Effectiveness Assessment:
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.
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 64:
Effects Costs Benefits
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.
Economic Growth None identified.
None identified.
Employment 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.
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.
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.
Effectiveness Assessment:
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.
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 75:
Effects Costs Benefits
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.
Cultural None identified.
Increased (and more specific)
recognition of a site of significance
to tangata whenua.
Increased awareness of historical
significance of the site.
Economic Growth None identified.
None identified.
Employment 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.
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.
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).”
Effectiveness Assessment:
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.
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 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:
Effects Costs Benefits
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.
Social None identified.
None identified.
Cultural None identified. None identified.
Economic Growth None identified.
None identified.
Employment 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.
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.
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.
Effectiveness Assessment:
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.
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 - Rezone the property from Rural
Zone to Town Centre Zone:
Effects Costs Benefits
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.
Social None identified.
None identified.
Cultural None identified.
None identified.
Economic Growth None identified.
None identified.
Employment 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.
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.
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”
Amend the definition as follows:
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”
Amend the definition as follows:
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”
Amend the definition as follows:
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”
Amend the definition as follows:
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”
Amend the definition as follows:
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”
Amend the definition as follows:
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”
Amend the definition as follows:
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
Amend the definition as follows:
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”
Add the following definition to Section 4:
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”
Amend the definition as follows:
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”
Add the following definition to Section 4:
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”
Amend the definition as follows:
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”
Amend the definition as follows:
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
Plan Change 1 (operative 16 September 2019) introduced the
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”
Amend the definition as follows:
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”
Amend the definition as follows:
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
Amend the definition as follows:
(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.
Amend the definition as follows:
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
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.
24 5.1
Rural Zone
Amend 5.1.6(9)(a) as follows:
Plan Change 1 (operative 16 September 2019) introduced the
provisions for “Minor Dwelling Units”.
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.
This helps provide clarity for Plan users when determining
activity status for minor dwelling units as opposed to additional
dwellings.
This change is proposed to be made in conjunction with Item 8.
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:
The Council wishes to amend its Freedom Camping Bylaw and to,
in general (on Council owned land), have this activity provided
Conservation
(Indigenous Forest)
Zone
5.2.4.1
Permitted Activities
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
Permitted Activities
Amend 5.3.4.1 (Permitted Activities) by adding an additional
bullet point as follows:
• 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
The suggested amendment would be consistent with the
approach in other zones in the Hauraki section of the District
Plan.
The cross reference is incorrect, it should be to Rule 5.3.6.
28 5.3
Conservation (Wetland)
Zone
5.3.4.1
Permitted Activities
Amend 5.3.4.1, Permitted Activities by adding:
P4 TEMPORARY USES AND BUILDINGS (MEETING PART
(d) OF THE DEFINITION).
The Council wishes to amend its Freedom Camping Bylaw and to,
in general (on Council owned land), have this activity provided
for without a resource consent having to be obtained under the
District Plan.
29 5.3
Conservation (Wetland)
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
bullet point as follows:
• Zone Development Standards specified in Rule 5.3.5
The cross reference is incorrect, it should be to Rule 5.3.6.
The suggested amendment would be consistent with the
approach in other zones in the Hauraki section of the District
Plan.
30
5.3
Conservation (Wetland)
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
The cross reference is incorrect, it should be to Rule 5.3.7.
31 5.4
Coastal Zone
5.4.4.3
Traffic Noise Sensitivity;
addition of Restricted
Discretionary Activity
Matters
addition of Restricted
Discretionary Activity
Matters
Amend 5.4.4.3; 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
f) Whether the ventilation system proposed will
provide a comfortable living environment as well as
the required level of ventilation.
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.
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;
addition of Restricted
Discretionary Activity
Matters
addition of Restricted
Discretionary Activity
Matters
Amend 5.5.4.3; Restricted Discretionary Activities; RD1 by
including a new (3) as follows:
(3) 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 need to
be added.
f) Whether the ventilation system proposed will
provide a comfortable living environment as well as
the required level of ventilation.
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.
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.
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
Amend 5.7.4.1; Permitted Activities; P11 as follows:
P11 ACCESSORY BUILDINGS ASSOCIATED WITH A MINOR
DWELLING UNIT (REFER TO ACTIVITY SPECIFIC
STANDARD 5.7.6(7)(b) 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 P11 is therefore required.
This change is proposed to be made in conjunction with Item 8.
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
Amend 5.7.4.3; Restricted Discretionary Activities; RD1 by
including a new (6) as follows:
(6) Traffic Noise Sensitivity
a) The location of the dwelling in relation to the
formed carriageway of the state highway,
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
Restricted Discretionary
Activities
Traffic Noise Sensitivity
addition of Restricted
Discretionary Activity
Matters
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
f) Whether the ventilation system proposed will
provide a comfortable living environment as well as
the required level of ventilation.
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.
39a 5.7
Residential Zone
5.7.4.3
Restricted Discretionary
Activities
Outdoor Living Area
addition of Restricted
Discretionary Activity
Matters
Amend 5.7.4.3; Restricted Discretionary Activities; RD1 by
including a new (7) as follows:
(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.
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 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
Restricted Discretionary
Activities
Amend 5.7.4.3; Restricted Discretionary Activities; RD3 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.
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
Amend 5.7.5; Zone Development Standards; Development
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.
Plan Change 1 (Operative 16 September 2019) introduced the
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.
Plan Change 1 (Operative 16 September 2019) introduced the
provisions for “Minor Dwelling Units”. Provision for minor
dwelling units changed the density expectations in the
Residential Zone.
It was an error that development standards relating to density
for minor dwelling units were included in the Zone Development
Zone Development
Standards
Density
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).
42 5.7
Residential Zone
5.7.6(1)
Activity Specific
Standards – Home
Occupations
Amend 5.7.6(1)(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 – in accordance
with the rules for produce stalls in 8.4.1.3.
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.
43 5.7
Residential Zone
5.7.6(5)(a)
Activity Specific
Standards; Land Subject
to Inundation as
Identified on the
Planning Maps
and
5.7.4.3 RD2 (2)
Amend 5.7.6(5)(a) as follows:
No more than 45% 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.
As a consequential change, amend 5.7.4.3, 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
5.7.6(5)(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
to be amended to delete reference to impermeable surfaces/
covering.
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)’.
44 5.7
Residential Zone
5.7.6
Activity Specific
Standards
Amend 5.7.6(6)(a) as follows:
(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
Plan Change 1 (Operative 16 September 2019) introduced the
provisions for “Minor Dwelling Units”.
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
Amend 5.7.6(7)(a) as follows:
(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 LifemarkTM Design 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:
(i) 650m2 per associated dwelling if the site has a
connection to the Council’s reticulated sewer
network; or:
Plan Change 1 (operative 16 September 2019) introduced the
provisions for “Minor Dwelling Units”.
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.
This helps provide clarity for Plan users when determining
activity status for minor dwelling units as opposed to additional
dwellings.
This change is proposed to be made in conjunction with Item 8.
(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
Permitted Activities; P1
Amend 5.8.4.1, P1 (Permitted Activities) as follows:
P1 RESIDENTIAL ACTIVITIES (ONE DWELLING PER
CERTIFICATE OF TITLE)
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.
49 5.8
Low Density Residential
Zone
5.8.4.1
Permitted Activities;
P11
Amend 5.7.4.1; Permitted Activities; P11 as follows:
P11 ACCESSORY BUILDINGS ASSOCIATED WITH A MINOR
DWELLING UNIT (REFER TO ACTIVITY SPECIFIC
STANDARD 5.8.6(3)(b) 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 P11 is therefore required.
This change is proposed to be made in conjunction with Item 8.
50
5.8
Low Density Residential
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
Low Density Residential
Zone
Amend 5.8.4.3; Restricted Discretionary Activities; RD1 by
including a new (5) as follows:
(5) Traffic Noise Sensitivity
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.
5.8.4.3
Traffic Noise Sensitivity
addition of Restricted
Discretionary Activity
Matters
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
f) Whether the ventilation system proposed will
provide a comfortable living environment as well as
the required level of ventilation.
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.
51a 5.8
Low Density Residential
Zone
5.8.4.3
Restricted Discretionary
Activities
Outdoor Living Area
Amend 5.8.4.3; Restricted Discretionary Activities; RD1 by
including a new (6) as follows:
(6) 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
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 has restricted its
discretion are set out in the District Plan, therefore these need to
be added.
still provides a usable area to meet the purpose of
the living area and a similar level of amenity.
51b 5.8
Low Density Zone
5.8.4.3
Restricted Discretionary
Activity Matters
Minimum Residential
Area
Amend 5.8.4.3; Restricted Discretionary Activities; RD1 by
including a new (7) as follows:
(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.
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 has restricted its
discretion are set out in the District Plan, therefore these need to
be added.
51c 5.8
Low Density Residential
Zone
5.8.4.3
Restricted Discretionary
Activities
RD 2
Amend 5.8.4.3; Restricted Discretionary Activities; RD2 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.
52 5.8
Low Density Residential
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).
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.
53
5.8
Low Density Residential
Zone
5.8.5
Zone Development
Standards (Outdoor
Living Area)
Amend 5.8.5(1) as follows:
(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
Low Density Residential
Zone
5.8.5
Zone Development
Standards (Outdoor
Living Area)
Amend 5.8.5; Zone Development Standards; Development
Standard – Outdoor Living Area (in both the Permitted and
Controlled and the Restricted Discretionary columns of the
table), as follows:
Minimum Dimension:
3 metres in all directions
Minimum Shape:
Can contain an 8.0 metre diameter circle.
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
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.
54 5.8
Low Density Residential
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.
Plan Change 1 (Operative 16 September 2019) introduced the
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
Low Density Residential
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.
Plan Change 1 (Operative 16 September 2019) introduced the
provisions for “Minor Dwelling Units”. Provision for minor
dwelling units changed the density expectations in the Low
Density Residential Zone.
It was an error that development standards relating to density
for minor dwelling units were included in the Zone Development
Standards (Section 5.8.5) 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 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
Low Density Residential
Zone
5.8.5
Amend 5.8.5 by adding a new Development Standard
‘Minimum Residential Area’ as shown in Attachment 3.
Plan Change 1 (operative 16 September 2019) introduced the
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
Low Density Residential
Zone
5.8.6(1)
Activity Specific
Standards (Home
Occupations)
Amend 5.8.6(1)(h) as follows:
(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.
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.
57 5.8
Low Density Residential
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
Amend 5.8.6(3) as follows:
(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 LifemarkTM Design Certified, or
has another certification acceptable to the
Council to demonstrate that the minor
Plan Change 1 (operative 16 September 2019) introduced the
provisions for “Minor Dwelling Units”.
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.
This helps provide clarity for Plan users when determining
activity status for minor dwelling units as opposed to additional
dwellings.
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:
(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.
This change is proposed to be made in conjunction with Item 8.
59
5.8
Low Density Residential
Zone
5.8.6(3)
Activity Specific
Standards
Amend 5.8.6(3) as follows:
(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;
Plan Change 1 (Operative 16 September 2019) introduced the
provisions for “Minor Dwelling Units”.
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
Permitted Activities
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
Amend 5.10.4.3; Restricted Discretionary Activities; RD1 by
including a new (6) as follows:
(6) Traffic Noise Sensitivity
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.
5.10.4.3
Traffic Noise Sensitivity
addition of Restricted
Discretionary Activity
Matters
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
f) Whether the ventilation system proposed will
provide a comfortable living environment as well as
the required level of ventilation.
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.
61a 5.10
Township Zone
5.10.4.3
Restricted Discretionary
Activities
Outdoor Living Area
Amend 5.10.4.3; Restricted Discretionary Activities; RD1 by
including a new (7) as follows:
(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.
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 has restricted its
discretion are set out in the District Plan, therefore these need to
be added.
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.
61b 5.10
Township Zone
5.10.4.3
Restricted Discretionary
Activity Matters
Density
Amend 5.10.4.3; Restricted Discretionary Activities; RD1 by
including a new (8) as follows:
(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.
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 has restricted its
discretion are set out in the District Plan, therefore these need to
be added.
61c
5.10
Township Zone
5.10.5
Zone Development
Standards
Amend 5.10.5; Zone Development Standards; Development
Standard – Outdoor Living Area (in both the Permitted and
Controlled and the Restricted Discretionary columns of the
table), as follows:
Minimum Dimension:
3 metres in all directions
Minimum Shape:
Can contain an 8.0 metre diameter circle.
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
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.
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
Permitted Activities; P2
& 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
Discretionary Activities;
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
Discretionary Activities;
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.
Restricted Discretionary
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)
Amend 5.12.6(1)(a) as follows:
No more than 45% 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
5.12.6(1)(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.
Activity Specific
Standards; Land Subject
to Inundation as
Identified on the
Planning Maps
and
5.12.4.3 RD2 (2)
otherwise made unavailable to inundation (eg. by bunding or
solid fencing), or be subject to exploration, excavation and
filling.
As a consequential change, amend 5.12.4.3, 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)’.
As a consequential change resulting from the above, RD2 (2)(b),
matters over which Council has restricted its discretion, will need
to be amended to delete reference to impermeable surfaces/
covering.
67 5.13
Paeroa Flood Ponding
Zone
Permitted Activities; P3
Amend 5.13.4.1, Permitted Activities by adding:
P3 TEMPORARY USES AND BUILDINGS (MEETING PART
(d) OF THE DEFINITION.
The Council wishes to amend its Freedom Camping Bylaw and to,
in general (on Council owned land), have this activity provided
for without a resource consent having to be obtained under the
District Plan.
68 5.17
Martha Mineral Zone
5.17.4.1
Permitted Activities; P7
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
Permitted Activities; P8
Amend 5.17.4.1, Permitted Activities by adding:
P8 TEMPORARY USES AND BUILDINGS (MEETING PARTS
(b) AND (d) OF THE DEFINITION ...
The Council wishes to amend its Freedom Camping Bylaw and to,
in general (on Council owned land), have this activity provided
for without a resource consent having to be obtained under the
District Plan.
70 5.18
Golden Cross Mineral
Zone
5.18.4.1
Permitted Activities; P3
Amend 5.18.4.1, Permitted Activities by amending P3 by
adding:
6 TEMPORARY USES AND BUILDINGS MEETING PART
(d) OF THE DEFINITION.
The Council wishes to amend its Freedom Camping Bylaw and to,
in general (on Council owned land), have this activity provided
for without a resource consent having to be obtained under the
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
Schedule of Historic
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
Schedule of Historic
Heritage Inventory
and/or Maps
HAU423; Map K3
Amend 6.1.6.4 Schedule of Historic Heritage Inventory –
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
Amend 6.1.6.7 Schedule of Historic Heritage Inventory –
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
Schedule of Historic
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)
Permitted Activities
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
Indigenous Biodiversity
and Significant Natural
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
Indigenous Biodiversity
and Significant Natural
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
Indigenous Biodiversity
and Significant Natural
Areas
6.2.6
Indigenous Biodiversity
and Significant Natural
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
Schedule of Significant
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
Protection of Significant
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.
Schedule of Significant
Trees
The ‘multiple’ tree symbol and the TR (Tree) number 135, as
shown on Map 8 in Attachment 4.
82 6.4
Recognition and
Protection of Significant
Trees
6.4.6
Schedule of Significant
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
Protection of Significant
Trees
6.4.6
Schedule of Significant
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
Protection of Significant
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
Schedule of Significant
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
Amend 7.2.5(1) as follows:
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:
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.
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:
The Council has moved to a different document management
system. The numbers in the schedule relate to the previous
7.5.2.13
The document numbers referenced are from the FRED
document management system of Council.
system. It needs to be clear which system the document number
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)
Permitted Activities; P9
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)
Permitted Activities; P9
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).
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.
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)
Permitted Activities;
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
that anybody reading them knows if their proposal falls within
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
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(5A)
Permitted Activities;
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’.)
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.
This change ensures that the floor level rule applies to minor
dwelling units as well as other forms of residential
accommodation.
99 8.2
Design and Location of
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…..
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.
This change ensures that this rule applies to minor dwelling units
as well as to dwellings.
100 8.2
Design and Location of
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’.)
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.
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…….
Plan Change 1 (operative 16 September 2019) introduced the
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
Vehicle Parking, Loading
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
Vehicle Parking, Loading
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…..
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.
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
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
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).
consistency throughout the District Plan. It was not included in
Plan Change 1 and therefore needs to be made now.
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
Activity (refer to 5.7.4.2
C5) and their associated
minor dwelling units as a
Restricted Discretionary
Activity (refer to 5.7.4.3
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
Restricted Discretionary
Activity (refer to 5.7.4.3
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:
Two or more dwellings per
certificate of title as a
Controlled Activity (refer to
5.8.4.2 C2) where each
dwelling meets the density
residential area standard
above.
Waihi, Paeroa, &
Whiritoa:
Two or more dwellings per
certificate of title as a
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
Activity (refer to 5.8.4.2
C2) and their associated
minor dwelling units as a
Restricted-Discretionary
Activity (refer to 5.8.4.3
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
Activity (refer to 5.8.4.3
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
Attachment 4 Map 6 ITEM 79 DP Map 17
Current Proposed
Attachment 4 Map 7 ITEM 80 DP Map 23
Current Proposed
Attachment 4 Map 8 ITEM 81 DP Map B
Current Proposed
Attachment 4 Map 9 ITEM 78 DP Map 25
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
Attachment 4 Map 12 ITEM 109 DP Map 24
Current Proposed
Attachment 4 Map 13 ITEM 110 DP Map 12
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
Attachment 4 Map 16 ITEM 114 DP Maps 12, 19
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
Attachment 4 Map 19 ITEM 115 DP Maps 24, 25
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)
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)
7.7-2
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).
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)
7.7-3
(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
Objective 2 will be achieved by implementation of the following 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
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)
7.7-4
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
Objective 3 will be achieved by implementation of the following 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
Objective 4 will be achieved by implementation of the following 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
hazardous substances.
(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.
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)
7.7-5
(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
hazardous substances.
(a) Policies
Objective 5 will be achieved by implementation of the following 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
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)
7.7-6
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
hazardous substances.
(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.
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)
7.7-7
(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.
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)
7.7-8
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.
Note: Refer to the exemptions in Rule 7.7.14.
(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.
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)
7.7-9
(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.
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)
7.7-10
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.
Note: Refer to the exemptions in Rule 7.7.14.
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
Low Density Residential
Residential
Marae Development
≤0.05 > 0.05
Town Centre ≤ 0.25 > 0.25
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)
7.7-11
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
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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
Potential hazard risks are considered to be low and are controlled by other legislation.
(m) The use and storage of radioactive material covered by the Radiation Protection Act
1965 and the Radiation Protection Regulations 1982.
Reason
Potential hazard risks are considered to be low and are controlled by other legislation.
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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:
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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:
(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:
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(c) the consent authority must have the report:
(d) conditions arising from the application of subclause (4), if there are any, must be
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.
Consequence if requirement not met
(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:
(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 exceeds
the applicable standard in regulation 7:
(c) the consent authority must have the report:
(d) conditions arising from the application of subclause (3), if there are any, must be
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.
Consequence if requirement not met
(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.