Section 32 PART II Statutory Requirements and Policy

Section 32 Part II Statutory and General

Section 32 Part II Statutory and General

1 Contents 2 Introduction ...... 5 2.1 Structure of Section 32 Part II ...... 5 3 Acts of Parliament ...... 6 3.1 Resource Management Act 1991 (RMA) ...... 6 3.1.1 District Plan Rules ...... 7 3.2 Hauraki Marine Park Act 2000 ...... 7 3.3 Hauraki Treaty of Waitangi Settlement Act (upcoming) ...... 9 3.4 National Policy Statements and Environmental Standards ...... 10 3.4.1 Coastal Policy Statement 2010 ...... 10 3.4.2 National Policy Statement for Electricity Transmission 2011...... 10 3.4.3 National Policy Statement for Renewable Electricity Generation 2011...... 10 3.4.4 National Policy Statement for Freshwater Management 2011 ...... 10 3.4.5 National Environmental Standard for Telecommunications Facilities 2009 ...... 11 3.4.6 National Environmental Standard for Sources of Human Drinking Water 2009...... 11 3.4.7 National Policy Statement on Indigenous Biodiversity (NPS proposed) ...... 11 4 Statutory Background ...... 12 4.1 New Zealand Biodiversity Strategy 2000 ...... 12 4.2 New Zealand Tourism Strategy 2015 ...... 13 4.3 Regional Policy Statement ...... 14 4.4 District Policies and Plans ...... 14 4.4.1 Coromandel Peninsula Blueprint ...... 14 4.4.2 Coromandel Peninsula Local Area Blueprint ...... 18 4.4.3 Community Plans ...... 19 4.4.4 Thames-Coromandel District Council Policy Directions ...... 20 4.4.5 Iwi Management Plans ...... 20 4.5 Thames Urban Development Strategy ...... 21 5 Key Policy Direction for Plan Review ...... 23 5.1 Coastal Policy Statement policy ...... 23 5.2 Regional Policy Statement ...... 23 5.3 Hauraki Gulf Marine Park Act ...... 24 5.3.1 Hauraki Gulf Marine Park Act policy ...... 24 2

Section 32 Part II Statutory and General

5.3.2 Case law ...... 26 5.3.3 'Governing the Gulf' guidance ...... 26 5.3.4 Proposed Policy Framework ...... 29 5.4 Council direction ...... 29 5.4.1 2010 – 2012 Major Goals and Objectives ...... 29 5.4.2 18 February 2011 – District Plan Review Committee meeting ...... 29 5.4.3 6 April 2011 – District Plan Review Committee meeting ...... 29 5.4.4 12 September 2011 – District Plan Review Committee meeting ...... 30 5.5 Monitoring and Technical Reports ...... 30 5.5.1 Monitoring and Evaluation Plan ...... 30 5.5.2 Plan Logic Mapping ...... 31 6 Analysis of current Plan provisions...... 32 7 Explanation of New Plan Provisions ...... 33 7.1 Structural changes ...... 33 7.2 User-friendly drafting ...... 34 7.3 Spatial location of rules ...... 34 7.4 E-Plan ...... 34 7.5 Methods ...... 35 7.6 Two-tier hierarchy ...... 35 7.7 Rule structure ...... 35 7.8 Permitted activities ...... 35 7.9 Controlled activities ...... 36 7.10 Assessment criteria ...... 37 7.11 Innominate Activities ...... 37 7.12 Notification Requirements ...... 38 7.13 Cross-zone issues ...... 39 8 Plan approach to certain activities ...... 39 8.1 Minor Units ...... 39 8.2 Visitor accommodation ...... 41 8.3 Noise provision changes ...... 43 8.3.1 Alternatives Considered ...... 44 8.3.2 Proposed Approach ...... 48 3

Section 32 Part II Statutory and General

8.4 Festivals, events...... 62 8.4.1 Proposed Approach ...... 63 8.4.2 Proposed Provisions ...... 63 8.5 Forestry ...... 64 8.5.1 Forestry issues in the District ...... 64 8.5.2 Proposed Provisions ...... 67 8.6 Contaminated land ...... 68 8.6.1 Proposed Approach ...... 68 8.7 Earthworks ...... 69 8.7.1 Proposed Provisions ...... 69 8.8 Light Spill...... 70 8.8.1 Proposed Changes ...... 71 9 Alternative Plan outlay considered ...... 72 9.1 Pure Zone and Overlay-Based Plan ...... 72 10 Permitted Activities occurring in all Zones ...... 72 11 Section 5 Cross Boundary Matters ...... 74 11.1 Introduction ...... 74 11.2 Delegation of authority ...... 75 11.3 Alternative Plan policy approaches considered ...... 75 11.3.1 Framework for cross-boundary applications ...... 75 11.4 Processes ...... 75 11.5 Methods ...... 76

Section 32 Part II Statutory and General

2 Introduction The Plan is strongly constrained in the matters it covers and how it addresses them by the Resource Management Act, 1991 (RMA) and other legislation, national-level policy and standards, and regional policies and plans. Existing district and community policies also guide the Plan content, although the Plan is not necessarily obliged to follow those policies if there is a good reason to divert from them. This chapter outlines the sources of directives, policies and guidance that staff have used in developing the Plan in general.

Issue specific policy directive and technical information can be found in the Appendices to the chapters that assess the provisions (Section 32 IV A-D Appendices).

2.1 Structure of Section 32 Part II

Section 2 Introduction, Structure

Section 3 Acts of Parliament

Section 4 National, regional and district statutory and strategic framework Section 5 Key Policy Directive

Section 6 General Analysis of current Plan

Section 7 Key Structural and Policy Changes in reviewed Plan

Section 8 Management of District wide Activities

Section 9 Alternative Plan Outlays Considered

Section 10 Activities Permitted in most Zones

Note: For more background information on ‘Controlled –versus Permitted- versus Restricted Discretionary Activities’ go to Section 32 Part III B, Section 6.9. For information on ‘Notification Requirements’ go to Section 32 Part III B, Section 6.12 and for additional information on ‘Noise Provisions’ go to Section 32 Part III B, Section 6.13.

Section 32 Part II Statutory and General

3 Acts of Parliament

3.1 Resource Management Act 1991 (RMA) The Council is required to promote the purpose of the RMA as set out in section 5 when exercising its functions and powers under the RMA. Section 6 of the RMA lists matters of national importance that the Council must recognise and provide for when managing the use, development and protection of natural and physical resources. Section 7 of the RMA lists other matters that the Council is required to have particular regard to. Section 8 requires the Council to take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) when exercising functions and powers under the RMA. Section 31 of the RMA sets out specific functions of territorial authorities. This includes using objectives, policies and methods to achieve integrated management of land and associated natural and physical resources, and to control the effects of this. Section 72 of the RMA sets out the purpose of a District Plan to assist territorial authorities to carry out their RMA functions. Section 73(1) of the RMA requires the Council at all times to have a District Plan for the District. The Plan must be prepared in the manner set out in Schedule 1 of the RMA. Section 75 of the RMA sets out the matters to be included within a District Plan. It must state objectives, polices, and rules (if any) for the district. It may state:

 Significant resource management issues  Non-rule methods to implement the policies for the district

 Principal reasons for adopting policies and methods  Expected environmental results

 Monitoring procedures  Processes to deal with cross-boundary issues

 Information to be included with a resource consent application

 Other information required for the purpose of the territorial authority's functions, powers, and duties under the RMA.

In view of this, the Plan has chosen (for the purpose of brevity) to focus primarily on objectives, policies and rules. Any other included content supports this core thrust of the Plan.

In addition to Section 75(3) the Council must take into account relevant planning documents recognised by an iwi authority to the extent that its content has a bearing on District resource management issues. See Part 2 section 7 RMA for a list of these. 6

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3.1.1 District Plan Rules Section 76 of the RMA (District rules) is of critical importance as it authorises the inclusion of rules within a district plan: Section 77A of the RMA authorises local authorities to include rules in the Plan which allocate an 'activity status' to given activities.1 Activities may be:  permitted (no resource consent required)

 controlled  restricted discretionary

 discretionary

 non-complying, or  prohibited (resource consent not able to be applied for nor granted). The power to use rules in a district plan is critical given that in Section 9 of the RMA (restrictions on use of land) the presumption of development rights over the use of land is given to individuals. District plans can therefore only take rights away through having rules that trigger a requirement for land use consent. In Section 11 of the RMA (restrictions on subdivision of land) the presumption of rights is reversed, this time in favour of territorial authorities. Subdivision can only occur if rules within a district plan allow it. In this sense the Council must use rules within the Plan to grant subdivision rights to individuals. Sections 9 and 11 need to be used subject to Section 85 of the RMA (compensation not payable in respect of controls on land). That section describes the principle of 'reasonable use' - rules within district plans must enable the reasonable use of land. The term 'reasonable use' does not preclude the use of rules within the Plan from apportioning development rights across the District - so long as the provisions are based upon a sound policy basis, supported by monitoring/technical information and presuming the Schedule 1 process has been followed.

In this respect, the Section 32 report is where the Council outlines its rationale that underpins the removal (use of land) or provision (subdivision) of rights.

3.2 Hauraki Marine Park Act 2000 The Hauraki Gulf Marine Park Act (HGMPA) establishes overall objectives for the Gulf, its islands and catchments, aiming to achieve integrated management across land and sea. This ensures the effects of urban and rural land use are given proper attention and the life supporting capacity of the Gulf is protected.

1 There are further detailed provisions in the RMA that relate to activity status and the ability of Council to grant, grant with conditions, or decline resource consent applications (refer to Part 6 of the RMA). 7

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The Act provides integrated management of the Gulf across 21 other statutes by requiring that all persons carrying out functions for the Gulf under those Acts must have particular regard to sections 7 and 8 of the HGMPA. There are also more specific requirements relating to sections 7 and 8 in terms of the Resource Management Act, Conservation Act and Fisheries Act. Sections 7 and 8 of the HGMPA are a coastal policy statement under the RMA, to the extent that they do not conflict with the New Zealand Coastal Policy Statement, so the Plan must give effect to them. The Plan has given effect to sections 6 and 7, to the extent that they are relevant to the scope of a district plan under the RMA, in the following manner: 7 Recognition of national significance of Hauraki Gulf (1) The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance. The Cross-Boundary policy chapter mentions this interrelationship - that land use in the catchments (controlled by the Plan) affects life-supporting capacity of the Hauraki Gulf itself - and that is a matter of national significance. (2) The life-supporting capacity of the environment of the Gulf and its islands includes the capacity— (a) to provide for— (i) the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and (ii) the social, economic, recreational, and cultural well-being of people and communities: The islands within the District Plan's ambit are zoned either conservation or coastal. The rules and policies for these zones protect their life-supporting capacity as far as the District Plan can. (b) to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation: (c) to maintain the soil, air, water, and ecosystems of the Gulf. This is beyond the District Plan's ambit. 8 Management of Hauraki Gulf (1) To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are— (a) the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments: This is linked into the Cross-Boundary policy chapter, as above. (b) the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:

Section 32 Part II Statutory and General

These are protected primarily by use of overlays: historic sites and areas, natural character, landscape, archaeology, significant natural areas. However zone rules also protect the District's physical resources. (c) the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship: Tangata whenua have an input to the content of the above overlays and rules, particularly through the use of the Hauraki Iwi Management Plan. However the District Plan also has a separate section for tangata whenua interests and protection of their sites of significance. (d) the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources: Again, these are addressed primarily through the use of the overlays, but also through management of physical resources in the zone policies and rules. (e) the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well- being of the people and communities of the Hauraki Gulf and New Zealand: The use of natural, historic and physical resources for social and economic wellbeing are primarily addressed in the zone rules. (f) the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand. Recreation and enjoyment is addressed through providing access to the coast and river systems through subdivision, removing District Plan constraints on reserves and DOC land so the Reserve Management Plans can take precedence, and providing for the protection and enhancement of natural character and landscapes of the Coromandel Peninsula

3.3 Hauraki Treaty of Waitangi Settlement Act (upcoming) In 2009 the New Zealand Government began a process to resolve outstanding Treaty of Waitangi grievances with the tribes of the greater Hauraki region. Since then much progress has been made to start the process to redress the outstanding Treaty issues. The Crown is negotiating with the 12 iwi of the greater Hauraki region, which are called the Hauraki Collective. Eventually the treaty grievance settlement will be concluded by an Act of Parliament that outlines land and money given back to the Collective, and political and resource management frameworks set up. This will significantly impact the District Plan regarding co-management of the District's resources, rezoning of land returned to Maori, and protocols and procedures for sites of significance to Maori. Initially the HTOWSA was to be passed by Parliament before the draft Plan was released for comment. However it is now likely to be passed after the proposed Plan is notified. Therefore a Plan variation will change the Plan once the Act is passed and the implications on the Plan are known. In the meantime, the Plan has some references and 'bookmarks' where the Act is likely to change Plan content. 9

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3.4 National Policy Statements and Environmental Standards

3.4.1 Coastal Policy Statement 2010 The RMA requires a New Zealand Coastal Policy Statement (NZCPS) to guide local authorities in their management of the coastal environment. This environment includes land above mean high water springs. The Plan must give effect to relevant provisions of the NZCPS as soon as practicable (section 75(3)(b) RMA). The NZCPS is relevant to the Plan as it covers islands, land affected by coastal hazards, elements and features that contribute to the natural character, landscape, visual qualities or amenity values, items of cultural and historic heritage in the coastal marine area or on the coast, and physical resources and built facilities, including infrastructure, that have modified the coastal environment. The extent of the coastal environment is shown on the Planning Maps, determined using bioclimatic indicators: up to 1000 m inland from the open sea and firth, and up to 500 m inland from inner harbours and estuaries, up to a maximum of 200 m above sea level.

3.4.2 National Policy Statement for Electricity Transmission 2011 The National Policy Statement for Electricity Transmission (ETNPS) provides a high-level framework that gives guidance across New Zealand for the management and future planning of the national electrical grid. The national grid of electricity transmission only enters the District in the southwest corner that leads to a substation at Kopu. The Plan includes this link in the maps, and the industrial policies and rules providing for this link are consistent with the NTNPS. This will be further explained in Section 32 Part IV B, Utilities.

3.4.3 National Policy Statement for Renewable Electricity Generation 2011 The National Policy Statement for Renewable Electricity Generation (REGNPS) contains a number of objectives and policies that support small and large scale renewable electricity generation. The Plan must give effect to these provisions by a notified plan by 13 May 2013. Relevant objectives and policies that the Plan has given effect to include:

 Reducing unnecessary barriers to obtaining resource consent for the development of small and community scale renewable electricity generation projects.  Providing for the development, operation, maintenance and upgrading of small and community-scale renewable electricity projects from any renewable energy source to the extent applicable to the District.

 Avoiding reverse sensitivity issues.

3.4.4 National Policy Statement for Freshwater Management 2011 This national policy statement almost exclusively directs regional councils, rather than district councils. However there is one policy that refers to 'local authorities' rather than 'regional councils': Policy D1: Local authorities shall take reasonable steps to: a) involve iwi and hapu in the management of fresh water and freshwater ecosystems in the region b) work with iwi and hapu to identify tangata whenua values and interests in fresh water and freshwater ecosystems in the region and

Section 32 Part II Statutory and General c) reflect tangata whenua values and interests in the management of, and decision making regarding, fresh water and freshwater ecosystems in the region. The Council only has an indirect role in the management of fresh water and freshwater ecosystems. However because iwi and hapu in the District often see their kaitiaki role integrating across regional and district responsibilities, a method has been included in the Tangata Whenua section of the Plan to indicate that the Council's work programmes are to give effect to the this policy. The Council's implementation of this policy will most likely come through joint planning and management efforts with the Waikato Regional Council and iwi and hapu groups, like it was done through the Coromandel Blueprint project.

3.4.5 National Environmental Standard for Telecommunications Facilities 2009 The regulations provide for the following facilities to be permitted, subject to standards:

 Operation of a telecommunication facility (such as a mobile phone transmitter) that generates RF fields.  The installation of telecommunication equipment cabinets in the road reserve.

 Noise emitting from telecommunication equipment cabinets.  The installation or replacement of masts and antennas on existing structures in the road reserve. The Plan defers to this NES for these activities in a road reserve. The provisions are not repeated in the Plan, to avoid duplication and the possibility that the NES may change, resulting in misleading provisions in the Plan.

3.4.6 National Environmental Standard for Sources of Human Drinking Water 2009 This national environmental standard will generally be implemented by regional councils; however there is one standard relevant to the Council. The Council must consider whether a land use activity will affect a community water supply when issuing a land use consent for that activity, and if this is the case, to insert a consent condition requiring the applicant to notify water users downstream if a discharge or other adverse effect occurs that may affect their drinking water. The Plan carries through the requirements of the current Plan in this matter by identifying community water supply catchments as a notation on the Planning Maps, so that consent processing staff can implement the requirement when needed.

3.4.7 National Policy Statement on Indigenous Biodiversity (NPS proposed) The proposed NPS is intended to provide clearer direction to local authorities on their responsibilities for managing indigenous biodiversity under the Resource Management Act 1991. It outlines policies and decision- making frameworks for the identification and management of indigenous biodiversity found outside the public conservation estate. The proposed NPS contains a list of criteria for identifying areas of indigenous vegetation and habitats of indigenous animals that have been recognised as being rare and/or threatened at a national level. These criteria are based on the Government’s Statement of National Priorities for Protecting Rare and Threatened Biodiversity on Private Land. The proposed NPS requires district and relevant regional plans to identify these areas of significant biodiversity within five years of the NPS taking effect.

Section 32 Part II Statutory and General

Local authorities would be required to manage the effects of activities through district and regional plans and resource consent decisions (or be satisfied that effects are managed by other methods) to ensure there is no net loss of significant indigenous biodiversity. The proposed NPS seeks to promote the maintenance of indigenous biodiversity while recognising the rights and responsibilities of landowners and the interests of Māori. Since submissions on the proposed NPS were summarised mid-2011, it appears to have been tabled. Should the NPS be released as operative at some stage before the Plan becomes operative, the Plan may need to be revised or a Plan variation initiated to change any parts of the Plan that are at variance with the NPS.

4 Statutory Background

4.1 New Zealand Biodiversity Strategy 2000 The New Zealand Biodiversity Strategy has been prepared in response to the state of decline of New Zealand’s indigenous biodiversity – described in the State of New Zealand’s Environment report as our “most pervasive environmental issue”. It also reflects New Zealand’s commitment, through ratification of the international Convention on Biological Diversity, to help stem the loss of biodiversity worldwide. The purpose of the Strategy is to establish a strategic framework for action, to conserve and sustainably use and manage New Zealand’s biodiversity, especially indigenous biodiversity. The Strategy has four goals: Goal 1A Enhance community and individual understanding about biodiversity, and inform, motivate and support widespread and coordinated community action to conserve and sustainably use biodiversity; and Goal 1B Enable communities and individuals to equitably share responsibility for, and benefits from, conserving and sustainably using New Zealand’s biodiversity, including the benefits from the use of indigenous genetic resources. Goal 2 Actively protect iwi and hapu interests in indigenous biodiversity, and build and strengthen partnerships between government agencies and iwi and hapu in conserving and sustainably using indigenous biodiversity. Goal 3 Maintain and restore a full range of remaining natural habitats and ecosystems to a healthy functioning state, enhance critically scarce habitats, and sustain the more modified ecosystems in production and urban environments; and do what else is necessary to maintain and restore viable populations of all indigenous species and subspecies across their natural range and maintain their genetic diversity. Goal 4 Maintain the genetic resources of introduced species that are important for economic, biological and cultural reasons by conserving their genetic diversity. Actions in the Strategy where the Council should take a lead that are relevant to the Plan are: 1.1 a) Complete indigenous biodiversity survey and assessment to identify habitats and ecosystems important for indigenous biodiversity.

Section 32 Part II Statutory and General

The Waikato Regional Council's significant natural areas report identifies these habitats and ecosystems; this is information that can be used to prioritise protection efforts, incentives and in the development of the Council’s biodiversity strategy in general. 1.1 h) Promote landowner and community awareness of opportunities to conserve and sustainably use indigenous biodiversity, and to protect and maintain habitats and ecosystems of importance to indigenous biodiversity on private land. This is added as a method to the Biodiversity section. 1.4 a) Expand habitat and ecosystem restoration programmes and initiatives (including those on offshore islands, "mainland islands", kiwi sanctuary zones, and other sites within production lands and urban areas) to restore scarce or under-represented indigenous habitats and ecosystems to a healthy functioning state. The Coromandel has a "mainland island", the Moehau Kiwi Sanctuary. The Driving Creek Railway near Coromandel Town also has a predator-proof area within which indigenous species can thrive. These approaches are encouraged in the District Plan's biodiversity section, and regulatory barriers to voluntary and DOC actions are cut back. 1.4 c) Encourage community understanding of, and involvement in, programmes and activities to protect, maintain and restore indigenous biodiversity through showcase projects and volunteer programmes, and improve access to information, technology, expertise and resources. The Waikato Regional Council is mostly involved with this, though the Council contributes to Enviroschools, the Biodiversity Forum, and can assist with information and advice for resource consents for people wanting to enhance indigenous biodiversity.

4.2 New Zealand Tourism Strategy 2015 The New Zealand Tourism Strategy 2015 was launched by Prime Minister Helen Clark on 7 November 2007. The Strategy updates the New Zealand Tourism Strategy 2010 that was launched in 2001. The Strategy provides the vision, values and direction to lead the tourism sector into the future. The Strategy has a few actions that influence the direction of the Plan. They are: 3.13 Promote the use of public transport, rail, coaches, cycling, and walking as environmentally friendly modes of transport. Advocate for and support the development of the services and infrastructure needed to make these forms of transport possible. Policies encouraging this are in the Transport section, and also in the Subdivision Design Guidelines. 3.25 Manage issues at key sites where important values (environmental, social, or cultural) are perceived to be under pressure environmentally and/or socially. The Overlays protect existing heritage, landscape and biodiversity values within the Coromandel. 4.14 Strengthen existing events and set up new events and products that promote regional identity and differentiation. The rules for festivals and events have been reviewed to better facilitate and encourage new events to establish, enhancing the Coromandel's reputation for events and festivals. 13

Section 32 Part II Statutory and General

4.3 Regional Policy Statement While section 75(3) (c) of the RMA requires the Plan to "give effect" to any regional policy statement, section 74(2) (a) (i) also requires the Plan to "have regard to" any proposed regional policy statement (RPS). The current RPS became operative in October 2000, with the preface that "it sets out the significant resource management issues for the Region and the methods that will be used to manage natural and physical resources over the next ten years." At the end of these ten years, the RPS was reviewed and a new Proposed RPS was released in August 2010. The submission process has concluded, and decisions on these submissions were made in February/March 2012. At this stage the proposed RPS is going through its appeal process. This means that it is unclear whether it will be substantially operative by the time the Plan is formally notified. The Plan focuses on the policy directions for management of natural and physical resources contained within the proposed RPS, rather than the current RPS.

The methods in the proposed RPS that direct Plan matters are listed in the relevant Appendices to the evaluation sections in Part IV of this report. The Plan needs to give effect to these RPS methods, and the RPS policies that support them.

4.4 District Policies and Plans

4.4.1 Coromandel Peninsula Blueprint In 2006, Council initiated the Coromandel Peninsula Blueprint Project. The project aimed to plan for District growth in a coordinated way, and to create a District vision with strategic priorities. It was a joint agency project, run in conjunction with Environment Waikato, the Department of Conservation and Hauraki Whānui (representing local iwi). The Blueprint drew on a wide range of detailed information in relation to District profile and trend information, resource management and community values, aspirations and objectives. Profile statements were prepared to describe the current state and likely future trends and challenges. These profile statements covered ten themes: people, housing, infrastructure, heritage, open space and recreation, biodiversity, landscape and natural character, natural hazards, economy, and physical resources. From this information a series of possible futures were developed and consulted on in May 2008. Each future focused on key issues: landscape, open space and biodiversity, district character, natural hazards, and economy and infrastructure. The four possible future options were: 1. Business as Usual. 2. Two Major Centres: focusing development in Thames and Whitianga, with concentrated development and protected open spaces.

Section 32 Part II Statutory and General

3. Four Major Centres: focusing development in Thames, Whitianga, Whangamata and Tairua, making more use of existing infrastructure and facilities. 4. Dispersed Villages: spreading development around the Coromandel Peninsula. The Council received around 1,750 response forms as part of consultation. Through this, a number of key priorities for future development and growth were collected and grouped into the key issues above. The final preferred future can be summarised as follows: It focuses development in three main urban hubs, Whitianga, Thames and Whangamata. It has a strong preference to protect the landscape, open spaces and natural values of the Coromandel Peninsula while allowing for economic growth and providing efficient infrastructure and services. Limited development will continue to occur in other centres within the current capacity of existing planned infrastructure. Appropriate locations for papakainga housing should also be taken into consideration. A detailed explanation of the Blueprint’s constraints and how the Blueprint has been used in the development of the Plan is to be found in Section 32 Part IV B Appendix section 7. Coromandel Peninsula Blueprint: Preferred Future

Section 32 Part II Statutory and General

The Blueprint's vision for the Coromandel Peninsula in 2050 is: The Coromandel Peninsula is a place:

 that embraces its natural taonga - treasures

 that has diverse and vibrant centres  where generations can live, work and enjoy

 that has resilient communities 16

Section 32 Part II Statutory and General

Each component of this vision has a set of goals and a concept map. The goals are set out below, with a paragraph after each explaining how they have been integrated into the Plan. Outcome 1: Embraces its natural taonga - treasures

 The environment is fundamental to the well-being and vitality of the community

 Significant landscapes and seascapes are preserved  Kaitiakitanga – guardianship is practiced by all

 Quality of open spaces, air, soil and water is retained  Access to open spaces and the coast is maintained and enhanced

 Native biodiversity and ecology is protected

The Plan's Overlays protect the significant landscapes, especially important landscapes and natural character. Biodiversity overlay rules protect significant native habitats and ecology. Maintaining the character of urban and rural environments is carried into zone policy and rules. The District contains a large area of conservation and recreation passive zones, which retain quality open spaces for people to enjoy. Access to these spaces and the coast is maintained and enhanced through subdivision provisions.

Outcome 2: Diverse and vibrant centres  There is a range of lifestyle opportunities

 Economic and job opportunities are diverse  Unique experiences are provide

 Urban settlements have clear boundaries  Communities are connected

The residential, rural, commercial and industrial zones all provide opportunities for appropriate economic development. Growth of urban settlements is directed (and sometimes constrained) by the Settlement Development and Growth and Subdivision Policy Section, and some additional rezoning. A range of lifestyle opportunities is promoted in the Plan, as are connections within communities.

Outcome 3: A place where generations can live, work and enjoy

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 People can settle and families can thrive

 People can reconnect with their roots  Living is affordable

 Communities are well serviced  Cultural heritage and diversity is celebrated

The Plan addresses people settling, affordable living and reconnecting with routes only indirectly, through papakāinga housing provisions, extra rezoned land for housing development, and Subdivision Design Guidelines for good quality developments. Servicing of new development is important for any urban expansion, although the Plan allows for supplementary services such as water tanks and stormwater infiltration areas. Cultural heritage and diversity is assisted through protected sites and areas for heritage, archaeology and significant sites/areas to Maori.

Outcome 4: Resilient communities

 Communities are safe  Communities can adapt to change

 Resources are well managed

The river flood hazard provisions introduced in Plan Change 3 have been incorporated into the Plan, taking into account any changes arising from the appeal process. Additional river catchments where flooding has been modelled have been added. Lines showing where current and future coastal erosion hazard exist are shown on the Planning Maps. This information will help manage development so that landowners are satisfied with their level of risk of natural hazards, and they know the alternatives they have to manage that risk for themselves and as a community.

4.4.2 Coromandel Peninsula Local Area Blueprint Local Area Blueprint intention and content The Local Area Blueprint (LAB) was undertaken to further develop the district-wide planning ('Preferred Future') outlined in the Coromandel Peninsula Blueprint into specific local area planning. The LAB was intended to translate the Blueprint at the local level, integrating planning and infrastructure provision in conjunction with input from Environment Waikato, the Department of Conservation and Hauraki Whaanui. The LAB was, to at least some extent, informed by the various Plan technical reports. The LAB provides high level strategic local area planning covering:

Section 32 Part II Statutory and General

 town structure

 growth areas  transport connections

 economic development opportunities (including growth areas for industry and town centre developments)

 basic interpretation of natural area information (including landscape, significant natural areas, soil types and natural character) Use of the LAB in the Plan When presented to the Council in April 2011, the Council decided not to adopt the LAB, but to use it as a general guide for policy. This was because the LAB did not have a rigorous analysis of development options for local communities, nor had the process been sufficiently collaborative. However the LAB does provide ideas to initiate further consultation with communities. Development ideas suggested in the LAB have been assessed in light of the policy that directs the Plan, site suitability investigations, and limited discussions with the community board. The Blueprint LAB looks out to 2050 and not all development suggested is necessary or appropriate for this District Plan review. Some zoning provision for example might be signalled but not be needed for another 20 years and is beyond the life of the next District Plan. Any non-regulatory methods related to land-use may be better directed to the Council’s strategies and considered through activity planning and Ten Year Plan processes. Some limited site investigations of LAB-recommended urban expansion around Whangamata and Whitianga show that many recommended areas to be rezoned are currently just a spatial exercise that does not substantially consider any physical constraints such as natural hazards, network capacity issues or wider infrastructure costs for the Council. Very limited rezoning has been undertaken during the Plan review. For rezoning matters please refer to Section 32 Part III B and C, Rezoning Requests. The Blueprint Implementation document also assessed the available residentially zoned land and concluded that there was an ample supply in all three main settlements (being Thames, Whitianga and Whangamata). The majority of these parcels of land have not been developed, which also demonstrates there is an oversupply of land. As well as rezoning through the Plan review, land rezoning is still possible through the private plan change process. This process may provide the relevant information required to determine if the zone change is suitable, including infrastructure provision and a structure plan (not necessarily placed within the Plan) showing the new zones, transportation links, key infrastructure, reserves, stormwater and urban design information required for a successful integrated development. The Plan provides guidance on requirements for Structure Plans in chapter 14 which deals with ‘Settlement Development and Growth’.

4.4.3 Community Plans From 2004, the Council encouraged Community Boards to coordinate community plans prepared by the local communities around the District. Most communities participated. Their plans outline the history and

Section 32 Part II Statutory and General description of their communities for four areas: social, economic, environmental and cultural; the plans answer the following questions:  What do we have?

 What do we want?  What do we not want?

 Priorities for action. The Council has considered the content of the community plans in the drafting of the Plan. Not all the communities' wishes are realistic for the Plan or are within the Plan's mandate and role, but many are, and are reflected in the Plan.

4.4.4 Thames-Coromandel District Council Policy Directions Over the last two years, the Council has approved a number of policy directions to guide the development of the Plan. These have been collated and added into the individual analysis of policy direction in Section 32 Part IV A –D Appendices.

4.4.5 Iwi Management Plans An iwi management plan (IMP) is a term commonly applied to a resource management plan submitted by an iwi authority. An iwi authority is an organisation that has been given authority to represent one or more iwi. IMPs are generally prepared as an expression of rangatiratanga to help iwi and hapū exercise their kaitiaki roles and responsibilities. IMPs are a written statement identifying important issues regarding the use of natural and physical resources in their area. IMPs must be taken into account when preparing or changing a district plan, especially in a Section 32 analysis. As of October 2012, one IMP applies within the District: Whaia te Mahere Taiao a Hauraki - the Hauraki Iwi Environmental Plan. Ngati Maru Runanga have opposed Whaia te Mahere Taiao a Hauraki since its inception, so it does not apply to any area within the Ngati Maru rohe. Arguably the Manaia Community Plan could also be seen as an IMP, but it was written in the style of a community plan for the whole Manaia community and is not officially supported by an iwi authority representing Ngāti Whanaunga and Ngāti Pukenga. Therefore it is taken into account as a community plan. Whaia te Mahere Taiao a Hauraki is a strategy for collective action by Hauraki Whānui to sustain the mauri of the natural environment and cultural heritage of the Hauraki rohe from 2004 to 2054. It aims for a situation where fisheries and bird life is more abundant, the waters clearer and cleaner and the forests a place to hear bird song again. The IMP's objectives are to identify resource, geographic and process-based issues of concern to Hauraki Whānui and to develop action orientated programmes and working models for kaitiakitanga. A narrative vision is provided in Part 2 along with a series of goals, values and principles that provide a framework for addressing the issues and undertaking the actions to protect the environment and cultural heritage identified in parts 3, 4 and 5 of the Plan. Process-based issues are explored in Part 4, for the iwi groups to try to work together on environmental initiatives and stock-taking. A number of themes are explored. Action plan methods are explored in Part 5, to 20

Section 32 Part II Statutory and General represent ways that Hauraki Whānui can contribute to the kaupapa of the IMP. Monitoring and review provisions conclude the IMP. The IMP is mainly to guide Hauraki Whānui in their kaitiaki role. However the IMP does have some useful guidance for the Plan. These have been collated and added into the individual analysis of policy direction in Section 32 Part IV A –D Appendices. The Council has considered a number of cultural impact assessments, Maori values assessments and Maori heritage assessments in preparing the Plan: • Nga Taonga o Te Kauaeranga - Maori Heritage of Thames (1993) • Information and maps for waahi tapu register (1993) • Ngati Maru Maori Values Assessment - Totara Valley (1999) • Hukehuke Report (2000) • Koputauaki Blueprint Implementation Strategy (2008) • Whangamatā Harbour Walkway Cultural Impact Assessment (2009) • Ngati Maru Maori Cultural Impact Assessment - Thames to Kopu Structure Plan (2009)

4.5 Thames Urban Development Strategy The Thames Community Board established a Thames Focus Group to commission and oversee a Thames Urban Development Strategy. This strategy was done by CMA+U, who focused on the urban development and design opportunities in Thames, and Cranleigh, who prepared a business strategy for the development opportunities viable in the short-term. The strategy process included a charette process with over 80 local people and a later feedback meeting.

The Strategy was presented to the Thames Community Board on 16 June for their consideration. The Board will have a workshop and later discussion after this date. Some actions, such as establishing a Council controlled organisation to deliver the actions, will need Council approval.

As the District Plan has a 10 year duration, the development priorities in the Cranleigh report are the ones that the Plan should provide for. The table below shows that the Plan did not need to provide for the short-term actions in the Strategy.

Doc Project DP change Description ref needed 12.0 Northern gateway landmark No The land is Crown owned, NZTA controlled by designation. sculpture and The underlying zone is Road. A resource consent is not direction/information signs needed if the structure is less than 12 m high. NZTA will still have the final approval. 13.1 Increase collaboration No The museums already exist.

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between museums 13.2 Walkway/lookout behind No Walkways are permitted anywhere. If in Council reserve, Bella St pumphouse fine, but if further up the hill, the land is held by LINZ and may be part of the Treaty settlement package - may need Ngati Maru approval. 13.3 Develop a Grahamstown No Heritage Design Criteria for the Grahamstown area are precinct plan for planning already in the Operative Plan, section 854, and will be requirements and urban added to the heritage area overlay in the Proposed Plan. design outcomes, including The heritage overlay encourages new activities to use old redevelopment into new buildings, as does the Heritage Strategy. activities. 13.4 Placemakers building: i-Site No Zoned Commercial with a heritage area overlay and a and bus terminal relocation, heritage item on the northern end. New building will need museum discovery hub, resource consent to ensure it is designed to fit with public toilets, trail hub heritage values. 13.5 Hauraki Rail Trail No Commercial Zone allows for this. connection/collection point 13.6 Pollen Street events in No A festival, event is permitted in the Road Zone as long as it Grahamstown is between 6 am and 10 pm. Up to Roading Manager to approve. 14.0 Regional commercial hub, No Zoned Commercial with a heritage area overlay. Any new Mary Street between Pollen building will need to meet a few design criteria, but and Queen Streets. proposed uses are permitted. Car parks should be sufficient under existing use rights and street supply, but may need resource consent to check effects. 15.0 Integrated community No Extra Density Residential Zone in place. Controlled activity housing north of new bowling if it meets the urban design standards and is no higher green, Mackay Street than 10 m with a shallow roof, or 11.5 m with a steep roof (i.e. 3 storeys), otherwise it will need a restricted discretionary consent to look at effects of standards not met, urban design and other matters. 16.1 Indoor hard court, swimming No This is permitted in recreation zones and the Commercial pool, Youth zone. Zone (Goldfields), if basic development standards are met. 16.2 Burke Street landfill No This will eventually need rezoning to Residential and development Recreation Passive when the landfill is redeveloped as per the Urban Development Strategy. However other processes must happen first. The reserve classification removed from part of the area and reserve management 22

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plan changed for the rest. This would include public consultation and Council investment in preparation of the site (Annual Plan/10 Year Plan). Another factor is that the land was 'acquired' for reclamation from local iwi. More research and consultation is needed to find the conditions of this acquisition and what needs to happen to rectify any grievance. 16.3 Hauraki rail trail No Cycleways and walkways are permitted anywhere. 16.4 Goldfields redevelopment No All the options in the Urban Design Strategy are permitted in the Commercial Zone, provided the building height is no higher than it already is, any dwellings are above ground floor, and a few basic urban design standards are met. Otherwise it would need a restricted discretionary consent to look at the effects of standards not met - which in this case, is highly likely to be an improvement and would be supported.

5 Key Policy Direction for Plan Review

This section summarises key policy direction that have guided Plan development.

5.1 Coastal Policy Statement policy 7: Strategic planning (2) Identify in regional policy statements, and plans, coastal processes, resources or values that are under threat or at significant risk from adverse cumulative effects. Include provisions in plans to manage these effects. Where practicable, in plans, set thresholds (including zones, standards or targets), or specify acceptable limits to change, to assist in determining when activities causing adverse cumulative effects are to be avoided.

5.2 Regional Policy Statement Relevant Policies 4.1.9 Planning approach Regional and district plans shall: a) ensure that cumulative adverse effects are managed; b) recognise the long timeframes at which natural physical processes operate (e.g. coastal erosion and accretion cycles) and adopt at least a 100-year planning timeframe to allow for expected changes in these processes; and 23

Section 32 Part II Statutory and General c) adopt a precautionary approach towards any proposed activity whose effects are as yet uncertain, unknown or little understood, including the use and management of coastal resources particularly vulnerable to effects from climate change; and d) recognise lag times between human actions and environmental results.

4.1.12 Offsite mitigation of adverse effects Local authorities should consider the following priorities (not listed in order of importance) for restoration or enhancement as possible alternatives to onsite mitigation in situations where it is not appropriate or practical to mitigate the adverse effects of an activity on site: a) public access to and along the coastal marine area and land adjacent to the coast and inland water bodies; b) health and wellbeing of the Waikato River and its catchment; c) functioning and stability of natural physical processes (including by retirement of land along the coastal margin, retirement of steep land from production, and enhancement of riparian areas); d) indigenous biodiversity (including creation, restoration and enhancement of wetlands and corridors); e) degraded geothermal features/characteristics; and f) natural character of the coastal environment, wetlands, and lakes and rivers and their margins. 4.2.1A Local authority implementation agreements Waikato Regional Council and territorial authorities shall develop and agree implementation agreements that provide further detail as to how the local authorities will collaborate to effectively and efficiently implement the Waikato Regional Policy Statement. The agreement shall address at least the following: a) the timing of implementation; b) the sharing of resources to implement the PRPS; c) respective implementation priorities; and d) the integration of functions and approaches in order to maximise efficiency to avoid duplication.

5.3 Hauraki Gulf Marine Park Act The Hauraki Gulf Marine Park Act (HGMPA) section 9(3) says: "A territorial authority must ensure that any part of a district plan that applies to the Hauraki Gulf, its islands, and catchments, does not conflict with sections 7 and 8". This includes all of Thames-Coromandel District Council. Section 9(5) says that sections 7 and 8 have the same status as a national policy statement. This clashes a little with section 9(3), as district plans must "give effect to" national policy statements under section 55 RMA.

5.3.1 Hauraki Gulf Marine Park Act policy Sections 7 and 8 are copied in full below. The Draft Plan already has a lot of content to give effect to the HGMPA already, as per staff comments in italics inserted. 24

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Recognition of national significance of Hauraki Gulf (1) The interrelationship between the Hauraki Gulf, its islands, and catchments and the ability of that interrelationship to sustain the life-supporting capacity of the environment of the Hauraki Gulf and its islands are matters of national significance.

The Cross-Boundary policy chapter will mention this interrelationship - that land use in the catchments (controlled by the district plan) affects life-supporting capacity of the Hauraki Gulf itself - and that is a matter of national significance.

(2) The life-supporting capacity of the environment of the Gulf and its islands includes the capacity— (a) to provide for— (i) the historic, traditional, cultural, and spiritual relationship of the tangata whenua of the Gulf with the Gulf and its islands; and (ii) the social, economic, recreational, and cultural well-being of people and communities:

Islands in the Gulf are within the Coastal Environment Overlay. The rules and policies within this Overlay aim to protect the islands' life-supporting capacity as far as the District Plan jurisdiction extends.

(b) to use the resources of the Gulf by the people and communities of the Gulf and New Zealand for economic activities and recreation: (c) to maintain the soil, air, water, and ecosystems of the Gulf

This is beyond the District Plan's ambit.

Management of Hauraki Gulf To recognise the national significance of the Hauraki Gulf, its islands, and catchments, the objectives of the management of the Hauraki Gulf, its islands, and catchments are— (a) the protection and, where appropriate, the enhancement of the life-supporting capacity of the environment of the Hauraki Gulf, its islands, and catchments:

This can be linked into the Cross-Boundary policy chapter, as above.

(b) the protection and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments:

These are protected primarily by use of Overlays: historic sites and areas, natural character, landscape, archaeology, indigenous biodiversity. However zone rules also protect the District's physical resources.

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(c) the protection and, where appropriate, the enhancement of those natural, historic, and physical resources (including kaimoana) of the Hauraki Gulf, its islands, and catchments with which tangata whenua have an historic, traditional, cultural, and spiritual relationship:

Tangata whenua sections will incorporate policies and rules for these natural, historic and physical resources as discussed in the DPRC's tangata whenua report and comments received.

(d) the protection of the cultural and historic associations of people and communities in and around the Hauraki Gulf with its natural, historic, and physical resources:

These are addressed primarily through the use of the overlays, but also through management of physical resources in the zone policies and rules.

(e) the maintenance and, where appropriate, the enhancement of the contribution of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments to the social and economic well-being of the people and communities of the Hauraki Gulf and New Zealand:

The use of natural, historic and physical resources for social and economic wellbeing are primarily addressed in the zone rules.

(f) the maintenance and, where appropriate, the enhancement of the natural, historic, and physical resources of the Hauraki Gulf, its islands, and catchments, which contribute to the recreation and enjoyment of the Hauraki Gulf for the people and communities of the Hauraki Gulf and New Zealand.

Recreation and enjoyment is addressed through providing access to the coast and river systems through subdivision, removing District Plan constraints on reserves and DoC land so the Reserve Management Plans can take precedence, and providing for the protection and enhancement of natural character and landscapes of the Coromandel Peninsula.

5.3.2 Case law Case law on sections 7 and 8 has not been relevant in some RMA cases where HGMPA was presented as an argument against a proposal. A contrary view is emerging where evidence established a close relationship between the Gulf and a group of people, such as tangata whenua, recreational fishers, boaties, etc. The HGMPA gives greater weight to social and cultural issues. It elevates the relationship of tangata whenua with the Gulf and islands as a matter of importance.

5.3.3 'Governing the Gulf' guidance As well as the above, staff referred to "Governing the Gulf: Giving effect to the Hauraki Gulf Marine Park Act through Policies and Plans" (2009) by the Hauraki Gulf Forum.

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According to this guide, section 7 is about interrelationships between the natural elements, including the catchment, of the Gulf. The links, not the elements themselves, are of national importance. Section 8 is about capacity, particularly ecological health. This only refers to the coastal marine area, not the capacity of catchments. This means that the HGMPA is important to district plan provisions primarily in terms of impacts on the coastal marine area and islands - not the catchments themselves.

Practical recommendations about how district plans can give effect to the HGMPA, and where the Plan can include this, are set out in the table below:

# 'Governing the Gulf' recommendations Topic/section of the Proposed Plan 1. Effective management of activities which may impact on the natural character, natural landscapes and amenity of the Gulf’s coastal environment through: a) Avoiding subdivision and development in coastal areas with Landscape and Natural Character high landscape, natural character and/or amenity values and Overlay, Settlement Development and avoiding urban sprawl along the coast. Growth Policy b) Controlling subdivision and development in other coastal rural Coastal Environment Overlay areas to ensure that buildings do not intrude into and

dominate the natural environment c) Encouraging resource consent applicants to include Subdivision policy and rules, Coastal restoration initiatives as an integral component of coastal Environment Overlay developments. d) Encouraging the use of covenants to restrict future Subdivision policy and rules, Coastal subdivision in perpetuity. Environment Overlay e) Recognising and protecting special coastal wildlife habitats. Indigenous biodiversity Overlay, Natural Character Overlay Policy 2. The need to reduce contaminants entering the Gulf’s coastal marine area by: a) Controlling earthworks to ensure that effective sediment Earthworks rules and the regional plan control measures are put in place. b) Restricting the amount of paved surfaces in new Hydraulic neutrality for greenfield developments. subdivisions c) Encouraging the use of ‘green’ stormwater infrastructure Settlement Development and Growth including green spaces, open swales and natural wetlands. Policy, Subdivision Rules d) Controlling land-use activities in sensitive areas Overlay Rules e) Ensuring new development will not overload existing Settlement Development and Growth infrastructure and lead to increased discharges of Policy contaminants into the coastal marine area

Section 32 Part II Statutory and General f) Introducing mechanisms which retain and promote riparian Indigenous Biodiversity Overlay Rules, planting Subdivision Rules 3. The protection of the Gulf’s historical and cultural heritage through: a) Controlling activities which have the potential to negatively Historic Heritage Overlay, Heritage impact on archaeological and historic sites and other areas of Strategy cultural and historic importance, providing interpretative material and ensuring public access to the sites is maintained where desirable and practicable. b) Recognising and protecting coastal wāhi tapu sites. Historic Heritage Overlay - Sites of Significance to Māori 4. The provision of public access to the Gulf’s coast and the ability of members of the public to use and enjoy the coastal marine area through: a) Ensuring that esplanade reserves or strips are provided, when Subdivision rules, except where it is at all possible, when land is subdivided. inconsistent with NZCPS Policy 19(3): threatened species, dunes, estuaries, sensitive natural areas/habitats, sites of cultural value to Maori b) Negotiating with landowners to provide public access along For this District, it is generally areas of the coastal edge in private ownership. inconsistent to do this because of NZCPS Policy 19(3) c) Prioritising the acquisition of reserve land on the coast and This District already has sufficient making provision for public recreational facilities including reserve land and public use along the coastal picnic areas, walkways, camping grounds, parking coast areas and boat launching and storage facilities. Designating areas of coastal land for proposed reserves to secure long- term coastal access. 5. Addressing sea-level rise through: a) Identifying coastal hazard areas, and restricting development Natural Hazards Policy, Coastal Erosion within them, to minimise the amount of physical Overlay infrastructure at risk from coastal hazards and the need to establish hard coastal defence systems. b) Making planning provision for natural coastal systems to Natural Hazards Policy move inland and for the restoration of natural buffer systems along the coastal edge. c) Protecting coastal vegetation to reduce erosion of the coastal Indigenous Biodiversity Rules, edge. Conservation Lot Rules

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6. Land-based marine infrastructure: a) Making provision for the land-based elements of economic Marine Service Zone and recreational activities which require access to the Gulf’s coastal marine area such as ports, wharves and marinas and where necessary protecting these areas from activity which is not marine-related.

5.3.4 Proposed Policy Framework Reference the HGMPA in Section 1 - Background of the Proposed Plan. Also add as an advisory note for Section 3 - Information Requirements for Resource Consent.

In the Cross-Boundary Matters section, policies have been developed explaining that the HGMPA is to be considered for activities in the District that affect the Gulf - particularly access to the coast (positive and negative), use of the coast, and sedimentation.

In the Coastal Environment Policy, policies have been included to maintain the relationship of groups (including tangata whenua) with the coastal environment - particularly on islands.

Earthworks and mining provisions reflect the general intent of the HGMPA.

5.4 Council direction

5.4.1 2010 – 2012 Major Goals and Objectives  To operate a lean organisational structure which is simple in form, easy to understand, and has few layers  To reduce costs while providing a satisfactory level of service so as to ensure our ratepayers receive good value

 Empowering staff and community boards to the greatest degree practicable  Streamlining the Council's resource consent and planning processes

 Enabling accountability and responsibility to take place as far down the organisation as is practicable  To support and promote activities including those related to aquaculture and tourism which have the potential for employment and economic growth in the Coromandel.

5.4.2 18 February 2011 – District Plan Review Committee meeting  The reviewed District Plan should be as robust and user friendly as possible

 The number of resource consents required should be reduced by using permitted activity rules with targeted permitted activity standards

5.4.3 6 April 2011 – District Plan Review Committee meeting  The Plan should have less 'red tape'

 The Plan will be zone based 29

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 It is important to achieve the correct balance and flexibility in the Plan

 Objectives and policies need to be explicit to guide decision makers for those activities/uses not anticipated

 Use the District Plan Directions and the associated Possible District Plan Provisions as the basis for proceeding with preparation of the Plan.

 Activities that occur within a zone that provides for those activities should be permitted, such as industrial activities in an Industrial Zone. This should only occur where it can be clearly demonstrated that permitted standards can address all of the relevant effects that my stem from a proposal (i.e. the Industrial Zone). Currently in this zone activities are permitted, but buildings are controlled.

 Generally there are a number of bulk and location controls that require resource consent as discretionary or non-complying activities if the permitted standards are exceeded. These could be adequately assessed as restricted discretionary activities.

5.4.4 12 September 2011 – District Plan Review Committee meeting  Committee members expressed their overall satisfaction about where staff are going with the draft and with the work/thinking behind the 'working draft' provisions

 Plan is required to be clear, precise and easy to use/understand  Overlay methodology was confirmed as being useful

 Two volumes (one for provisions/one for maps) acceptable  Guidelines within the Plan need to be closely tied to objectives and policies

 Need to have strong objectives and policies as well as zone descriptions upon which to guide and direct resource use and expectations  Preliminary/courtesy letters need to be sent to landowners potentially affected by the landscape and biodiversity overlays  Internal consultation to 'fix' problems with the current Plan is very important

 Draft process/consent process flowcharts that were presented are useful.

5.5 Monitoring and Technical Reports

5.5.1 Monitoring and Evaluation Plan Baker, B., Day, M. (2009). Monitoring and Evaluation Plan for the Thames-Coromandel District Plan – Operative in Part. Thames-Coromandel District Council. Thames. The purpose of the Monitoring Plan was to: "set out a process for determining the effectiveness of the Thames- Coromandel District Plan in achieving its intended environmental outcomes." More specifically the Monitoring Plan was developed to:  Set out the statutory requirements for district plan monitoring under section 35 of the RMA

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 Outline and implement a process for monitoring and evaluation

 Provide a rationale and context for monitoring the effectiveness of the District Plan  Provide a summary of the Monitoring Strategy set out in the District Plan

 Summarise the range of issues that have already monitored the effectiveness of the District Plan The Monitoring Plan noted that the District Plan monitoring that had been carried out related to specific resource management issues and matters relating to 'process issues' in the District Plan. Rather than undertaking a time-consuming comprehensive monitoring report, the following actions were selected to determine the District Plan’s effectiveness:

 Prioritise issues for monitoring: determining issues within the Plan, which attract the most development challenges, relate to resources of significant value and/or are known to be operating sub-optimally. The prioritisation was also guided, to some extent, by the level of data available to determine effectiveness of the District Plan.

 Evaluate the District Plan's internal consistency: undertaken via 'Plan logic mapping' which assesses whether the District Plan is logically capable of achieving the environmental results anticipated through its provisions.

 Evaluate implementation of the District Plan: involving evaluation of the resource consent assessment process, resulting resource consent conditions and, in some cases, evaluation of non-regulatory methods for each priority issue being monitored.  Evaluate District Plan outcomes: involving collection of environmental data to establish a link between what the District Plan intended to achieve and what is found on the ground.

The information gained from the Monitoring Plan has fed directly into the District Plan Review.

5.5.2 Plan Logic Mapping Day, M. (2010). Plan Logic Mapping Report – An Assessment of the Internal Consistency of the Thames- Coromandel District Plan (Operative in Part). Environmental Planning and Research. Thames. This report provided a broad level evaluation of the District Plan that focussed upon the ability of the Plan to achieve the stated Environmental Results Anticipated, by matching objectives to policies, methods, rules and outcomes. It assessed the strength of the connections between these components of the Plan, and how they would likely contribute to the stated Environmental Results. Key observations from the Mapping included:  Overall the District Plan has a good level of internal consistency with some sections (issues) linking well through to the outcomes anticipated.

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 Some methods and rules do not convey the intent of the objectives and policies (i.e. the connections are not obvious).  Environmental Results Anticipated are mostly well linked to objectives but have broad outcome statements making monitoring difficult.  Some policies and methods could be dealt with by mechanisms other than the District Plan, such as those for Transportation and Waste Management through Asset Management Plans.

 There is a lack of regulatory methods for protection of indigenous fauna.  The definition of 'Non-residential services and facilities' is wide ranging which poses issues in directly finding some consistency with outcomes because of the generic definition.

 Earthworks assessment criteria are not clearly linked to landscape and natural character for protection from development threats.

 The rules for Maori Policy Areas and Iwi Kainga Zone do not consistently link to the tangata whenua policies.

 There are a large number of non-regulatory methods identified in Section 2 of the District Plan. In some cases they are the only methods available to achieve the Environmental Results Anticipated. Depending on the level of political/staff commitment to non-regulatory methods such as liaison, advocacy, regional council involvement etc., these may be better located outside the District Plan. It was noted rules contributed strongly to positive environmental outcomes. However, some non-regulatory methods are identified as the only methods available to achieve the Environmental Results Anticipated. Depending on the level of political/staff commitment to non-regulatory methods such as "liaison", "advocacy", "regional council involvement", these may be better located outside the District Plan.

Information from the Plan Logic Mapping Report has fed into the District Plan Review.

6 Analysis of current Plan provisions The current Plan is found to be working reasonably well in many areas, but there are a number of concerns at the general level:

The current Plan is bulked up with background data that is not directly relevant to methods or rules.

Some plan sections inserted or changed over time through appeal resolutions, structure plans, Plan variations and the new Whitianga Central Area zones do not sit well with the rest of the current Plan.

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Objectives, policies and methods are generic and sometimes unusable.

Many methods are aspirational and do not reflect what the Council has actually done.

Some rules are part of definitions, and some definitions are part of rules.

Rules do not always link to objectives and policies.

As the sections are based on activities, current Plan users may have to leaf through different parts of the current Plan to find out the different rules and standards for their activity. This is risky as a relevant provision might be missed.

Some activities have more than one set of standards and guidelines (at permitted, controlled, restricted discretionary and discretionary activity levels), making it unclear at what level the activity should be assessed at, and how.

Some tables and text are causing confusion, or perhaps are having different results than those intended, with too much information unrelated to rules, and not enough information around some rules.

Some of the terminology used (e.g. housing vs. residential vs. dwelling) is inconsistent.

7 Explanation of New Plan Provisions

7.1 Structural changes The Plan is made up of three volumes: plan provisions, planning maps, and appendices. Volume 1 is divided into seven clearly relatable parts. Part 1: Introduction Policies Rules Part II: Overlay policies Part V: Site Development Provisions Part III: District-wide policies Part VI : Overlay Rules

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Part IV: Area-specific policies Part VII: District-wide rules Part VIII : Zone rules

Part I, the introduction, tells people how to use the Plan, and includes the definitions for terms used in the Plan. The rules are collected together in Parts V, VI, VII and VIII. Whether overlay or zone rules apply to a property is shown on the Planning Maps. The policies in Part II direct the rules in Part VI, Part III to Part VII, and Part IV to Part VIII. Discretionary and non-complying rules also refer back to the relevant policies for assessment.

7.2 User-friendly drafting The overall goal is to provide a more readable and user-friendly District Plan through improving the consistency of style, language and approach, using these principles:

Clear and consistent language will be used throughout the District Plan. Users will be able to understand the meaning and intent of the District Plan provisions. Less is more - concise sentences are usually preferable to longer, more complex sentences. The Plan will avoid merely restating the provisions of the RMA. Aspects of the definitions that were rules have been moved to the activity they apply to. Terminology has been made consistent.

7.3 Spatial location of rules All rules relate to specific areas of land marked on the Planning Maps. As well as relying on lists and descriptions, a Plan user can always find where a rule applies by referring to the applicable zone, overlay, notation or designation. The maps are now designed to be web-based and interactive, so Plan users can decide which layers of the map to view and at what scale, combined with aerial photographs, beach views, contours, and other useful information.

7.4 E-Plan The main way a Plan user will operate the Plan will not be with volumes, but online. The Plan has been written to work well in a website format. To find out the rules for an activity, a person types in the property address, selects the activity they want to do, and the computer pulls up the relevant rule or rules that apply to that

Section 32 Part II Statutory and General activity. This should make the Plan much more user-friendly and accessible to a wide range of people. The creation of an e-Plan is another step towards a new, online, interactive form of planning and consent processing.

7.5 Methods Most methods are regulatory, and are contained in Parts V, VI, VII and VIII of the Plan. Any non-regulatory methods are listed below the policy section that they relate to. However non-regulatory methods are only included where required by a policy document above the Plan, where the Council has provided specific funding for a method, or where the Council clearly intends to action a method within the next ten years.

7.6 Two-tier hierarchy The zones, policy areas and activity rules in the current Plan have been simplified to a two-tier hierarchy approach: zone rules (and any district wide rules if applicable) are the base rules applying to any application. If the activity is within an overlay that protects a special feature, such as landscape, biodiversity or heritage, then any rules within the overlay section apply if relevant to that activity. If there is any conflict between overlays and other rules, the overlay rules apply to the extent of any conflict.

7.7 Rule structure All provisions for an activity in a specific zone are centred and referenced in one rule as much as possible. Each rule has a clear structure. For many activities, the rule starts off saying that the activity is permitted if it meets certain standards or thresholds. If it does not meet those specific standards or thresholds, the activity status defaults to controlled, restricted discretionary, discretionary or non-complying. For controlled and restricted discretionary activities, the activity rule will list the specific matters to which the Council restricts its control/discretion. No standards or matters are generally given for discretionary or non-complying activities. For these, the activity is assessed against the objectives and policies in the related policy section in Part II, III or IV. The applicant and planner can also consider whether any zone or overlay standards are relevant.

7.8 Permitted activities Rules that start off with a permitted activity status now predominate in the Plan. Many activities previously needing a resource consent have become permitted. Permitted activity status has been applied when:  The adverse effects of the activity are minor

 The adverse effects of the activity are appropriate for the zone or are addressed by other activities or works

 The adverse effects of the activity can be addressed by meeting specific conditions that target key aspects of the activity  Threshold standards apply to keep the activity at a size or scale that is appropriate for the zone or does not generate significant adverse effects.

Section 32 Part II Statutory and General

7.9 Controlled activities While controlled activities do provide some certainty for applicants (in that the Council must grant consent unless special circumstances exist) considerable caution should be exercised when applying controlled activity status to activities because: sometimes it may not be appropriate for the Council to grant consent; and controlled activity consents do not necessarily achieve the best outcomes. For this reason, most controlled activities in the operative Plan have become permitted or restricted discretionary in the Plan. Given that the Council must grant consent for controlled activities, heavy reliance is placed on the matters over which the Council reserves control to impose conditions to manage the maximum permissible effects of the activity. As such, in situations where the activity may not be entirely appropriate, the imposition of restrictive conditions as a means of addressing the effects of the activity (much like the ambulance at the bottom of the cliff) can be both frustrating and impractical for the applicant. Equally, conditions of consent can be extremely difficult to impose if the matters over which the Council reserves control have not included, or given consideration to, a particular effect. Consequently, unless there is absolute certainty that the imposition of conditions can achieve the best outcomes, it is more appropriate to make controlled activities permitted activities when they fit into one of the categories above. If not, they should be elevated to restricted discretionary so that the effects of the activity can be adequately addressed 'up-front', rather than after the consent has been granted (via conditions). Further, as a restricted discretionary activity the Council at least has the mandate to refuse consent if the effects cannot be successfully avoided, remedied or mitigated. Case law has clarified that controlled activity consents cannot include conditions that change the nature of the application (e.g. a new access road to connect to a subdivision application) or make the activity effectively unviable (e.g. requiring a house to be located on a difficult to access site).

However, unless there is absolute certainty that the imposition of conditions can achieve the best outcomes, it may be either more appropriate to use permitted activities with conditions/thresholds, or elevate them to restricted discretionary so that the effects of the activity can be adequately addressed 'up-front', rather than after the consent has been granted (via conditions). Further, as a restricted discretionary activity the Council at least has the mandate to refuse consent if the effects cannot be successfully avoided, remedied or mitigated. For more detail on how the Plan uses ‘Permitted, Controlled and Restricted Discretionary Activity’ status please refer to Section 32 Part III B. In terms of a section 32 evaluation of treating activities as permitted, controlled or restricted discretionary the following principles have been followed: The lowest status of control (which causes the least costs for applicants and the Council) is to be preferred because it removes unnecessary red tape and is most efficient. Reducing the Council’s control/discretion is however only justified when the benefits of increased efficiency through lower costs is not outweighed by the potential for environmental effects that are not managed by legislation other than the District Plan.

Section 32 Part II Statutory and General

7.10 Assessment criteria Assessment criteria are incorporated into some Plan rules to help guide applicants and those processing consents as to the matters to which particular attention should be paid. In an application by Christchurch City Council [1995], the Court held that assessment criteria should not be included in the plan as rules. The statutory framework of the RMA enables provision for such criteria (or matters of assessment) to be included in such a way that the consent authority should have regard to them through their presence in objectives and policies. A similar view was held by the majority of practitioners attending a workshop hosted by the Ministry for the Environment on 24 and 25 November 2005. Assessment criteria can also be expressed as matters over which control or discretion is retained when writing rules for controlled or restricted discretionary activities. For these reasons, the Plan has been liberal in including assessment criteria to help applicants and planners to write and process restricted discretionary resource consents. They are not exclusive, but they should all be considered to the extent they are relevant. For discretionary and non-complying activities, assessment criteria are expressed more broadly in objectives and policies, so that innovative applications can still meet the intent of the Plan.

7.11 Innominate Activities Innominate activities in the Plan can take two forms: activities that are not mentioned in the specific zone rules (the base rules), and activities that are not mentioned in any zone or district-wide rules (base rules) at all. For the former, if an activity is not listed in the relevant zone, but is listed in another zone, the activity is non- complying. This is a simple way to avoid duplication by listing all the non-complying activities in a zone. To avoid a Plan user having to check all zones for their activity, Section 1 contains a table that lists all activities listed in a base rule of the Plan. So if an activity is listed in that table, but not in the zone, it is non-complying. But what if the activity is not covered in the Section 1 activity summary table? The current Plan relies on its Rule 835 to deal with an activity not specified as permitted, controlled, restricted discretionary, discretionary or prohibited, by stating they shall be assessed as non-complying activities. By inference this rule appears to be a 'catch-all' for innominate activities that have not been listed in the Plan, regardless of whether resource consent is required or not (given the rule includes 'permitted' and 'prohibited' activities). Section 87B (1) (a) of the RMA on the other hand, states that where: "Part 3 requires a resource consent to be obtained for an activity and there is no plan or proposed plan, or no relevant rule in a plan or proposed plan..." ...the application for resource consent must be treated as a discretionary activity. However interpretation of 87B (1) (a) is difficult. It may be relevant to some Part 3 sections such as 11(1) where it states that no person may subdivide land unless that subdivision is expressly allowed by a rule in a district plan or resource consent. Therefore if there was no rule that allowed for subdivision you would need to apply for a discretionary activity resource consent. But it appears to be circular in relation to section 9(3) which states that 'No person may use land in a manner that contravenes a district rule unless the use is (a) expressly allowed by a resource consent...' Section 87B (1)(b) then goes on to state that where: 37

Section 32 Part II Statutory and General

"a plan or proposed plan requires resource consent to be obtained for the activity, but does not classify the activity as controlled, restricted discretionary, discretionary or non- complying under section 77A; ..." Section 87B of the RMA seems to imply that unclassified activities (i.e. activities that may have been mentioned in a plan as not permitted but have not been given a controlled, restricted discretionary, etc. classification) and other activities requiring resource consent under Part 3 of the RMA but for which there is no rule in a plan, should be treated as discretionary activities. Contrary to this it appears the general thinking around innominate activities (i.e. activities that have not been named or contemplated at all in a plan) is that they should be permitted activities. However this approach is not considered appropriate given the risk of highly inappropriate activities that could result that the Plan did not anticipate. In effect it would not allow for any type of assessment of an activity that may otherwise prove to have considerable adverse effects. It would appear that this subsection is intended to act as a catch-all for situations where there is a rule in a district plan that inadvertently requires resource consent for an activity, but the category of consent is missed out.

Since the Act seems to point towards unlisted and unclassified activities being treated as discretionary activities, the Plan does the same. Activities that are not considered in any part of the Plan e.g. geothermal power and heating infrastructure are discretionary.

7.12 Notification Requirements The Resource Management (Simplifying and Streamlining) Amendment Act 2009 has removed the former presumption in favour of public notification (except for controlled activities). Public notification now takes on a neutral presumption. Section 95A (3) (a) of the RMA allows a consent authority to have a rule in a Plan that precludes public notification, or requiring limited or public notification of an application. The Plan uses this new power widely as a tool in two ways. Resource consent applications that have no more than minor adverse effects, or the effects are appropriate for the zone, and/or little benefit would be gained from the expensive and time-consuming process of notification, are to be non-notified. A clause is added to rules managing these activities to give certainty to applicants that their applications will not be notified. This removes unnecessary costs and gives applicants the incentive to pursue their development. On the other hand, some rules have clauses that state applications will always be publicly notified. This clause is used sparingly for one of two reasons. The first reason is that the activity will have significant impact on different sectors of the community. Public notification gives the community the certainty that they will be able to have their say on an application that they are concerned about. For example, underground mining in the Recreation Passive Zone would have a significant impact on the community that use that space, and the wider District (both positive and negative).

Section 32 Part II Statutory and General

The second reason is for activities that are proposed to locate out of zone where this results in a redundancy of infrastructure and site planning. This is not only an unsustainable outcome, but renders the investment that a landowner has made in preparing a suitable site, uneconomic. This landowner needs to have a say on this kind of out-of-zone application. For example, if an industrial activity goes into a residential zone, this zone will suffer adverse effects and loss of housing land supply. But there are also adverse effects on investors who did the market research, bought land zoned at industrial price in anticipation of planned development, and invested in infrastructure and roads to support it. There are also adverse effects on the Council who may have integrated this industrial area with other development. If that industrial activity then goes elsewhere and the lack of demand now meant that no more industry came to use the zone, the result is an empty zone. The landowner could need a plan change to rezone the redundant industrial zone, or apply for risky and costly non complying consents to get reasonable use. Public notification allows for people affected in this way to submit on the application.

7.13 Cross-zone issues The approach to cross-zone issues has changed. In the operative Plan activities that were adjacent to other, more sensitive activities had to reduce their effects to levels expected by the other zone.

The Plan takes a more permissive, practical approach. It is considered to be inefficient and ineffective to zone land for e.g. industrial activities and at the same time expect these activities which develop and operate as of right to curtail their operation for the benefit of other activities that are adjacent to them.

Most standards are compromises between the two zones (e.g. noise, yards, light spill). This puts the emphasis on any future rezoning to provide for buffer zones between industrial and residential activities, so that cross- zone effects can be minimised in that way without placing tougher standards on industry. This buffer may be a light industrial zone, so that industries with minimal cross-boundary adverse effects help buffer industries that have more adverse effects. These buffers are intended to safeguard the efficient operation of industries by avoiding reverse sensitivity issues.

8 Plan approach to certain activities

The discussion of activities in this section of the section 32 report replaces detailed analysis of the management of these activities in individual sections of the Plan.

8.1 Minor Units

Section 32 Part II Statutory and General

Rules and Methods most appropriate to achieve the purpose of the Act

Method Benefits Costs Effectiveness Efficiency

A minor unit is a permitted Benefits activity in the Rural Area and in Providing for minor units as permitted activities helps the community to the Residential Area (excluding take care of their social, cultural and economic well-being. It supports family the Coastal Living Zone). In the care of the elderly, provides opportunities for affordable housing for the Coastal Living Zone, a minor unit younger generation and enhances the general interest of having family is a controlled activity, provided congregate e.g. over Christmas. it is in the same building as the main house. Control is limited to Efficient use of land. wastewater servicing/on-site effluent field, and continuity with Provides opportunities to use private property rights flexibly. the main house. A minor unit can be up to 60 m2 gross floor area if Contributes to enable families to care for their disabled family members, it is Lifemark certified. which is supported in the Disability Strategy.

The development standards for Costs Intensification in areas where this is not anticipated is considered a minimal the zone still need to be met, risk. particularly height in relation to boundary, yards, and site Efficient and Effective coverage. Also, the minor unit is The benefits outweigh the costs and potential risks. likely to be subject to some form of development contribution and rating charge under the LGA.

Alternatives Considered

Not provide for ‘minor units’ as permitted/controlled activities

Benefits Costs No risk that minor units might not fit into the Loss of the ability to add a granny flat or sleep out to existing higher calibre environment of the built houses. environment. Inefficient use of land. Lower risk of these units being rented out to people that might not suit into the social context Curtailing of individual property rights. of the settlements. Potential of undermining the positive holiday experience on

Section 32 Part II Statutory and General

No further additions of tank services in coastal the Coromandel particularly over Christmas. un-serviced settlements.

Evaluation-Efficiency and Effectiveness

Most of the ‘benefits’ that have been brought forward by those who oppose ‘minor units’ are based on subjective, partially judgemental perceptions. The concerns do not reflect actual environmental effects that the Plan would need to address. It is considered to be inefficient and ineffective to impose additional restrictions on minor units other than those that are proposed for the Coastal Living Zone.

The greater restrictions for the Coastal Living Zone have been introduced solely to manage waste water disposal and built up area.

8.2 Visitor accommodation Visitor accommodation is defined as ‘where a person stays in a building for one or more nights but for less than two months per calendar year for a tariff’. The key is that the visitor is ‘temporary’ and that the visitor pays for accommodation.

Rules and Methods most appropriate to achieve the purpose of the Act Proposed Approach Method Benefits Costs Effectiveness Efficiency

Visitor Accommodation is a Benefits permitted activity with a Effects of visitor accommodation are largely controlled by other rules and standard of 12 people standards. Visitor accommodation must still meet the car park standard of 1 park maximum for occupation. per room or 3 guests (whichever is larger), 1 per non-resident full-time equivalent worker, and a loading bay if 12 or more guest can be accommodated. Development contributions are payable for ensuite units and second dwellings. If a second self-contained building is erected it needs a restricted discretionary consent. Noise rules and development standards still apply.

The number ‘12’ while providing a general ‘scale’ for these activities rather than being underpinned by detailed technical assessments is consistent with what the Council Bylaw captures for one wastewater/water unit.

Reduces red-tape and cost.

Supports and enhances the tourism industry, the retail sector and the Coromandel economy generally.

Section 32 Part II Statutory and General

Costs Potential adverse effects on neighbouring properties, the probability of this occurring is considered small.

Efficient and Effective Managing visitor accommodation in the proposed way is considered to be efficient, because it does not impose additional regulation over and above the existing zone and general rules of the Plan, it saves costs and it is effective because it clearly signals that the Plan is enabling and mainly concerned with environmental effects.

Bookabach and Holiday Home businesses are an existing component of the Coromandel Tourist Industry. It is pragmatic and realistic to manage these activities in an enabling way in the District Plan. It is considered that the provisions will efficiently and effectively support the general gist of the Plan to support and provide for economic opportunities and diversity.

Alternatives Considered

Visitor Accommodation in rear lots is a controlled activity with affected party consents

Benefits Costs Manages potential effects from visitor traffic on Would manage effects that could occur as of right anyway, neighbouring lot. so this option would be challengeable.

Evaluation-Efficiency and Effectiveness

This is not considered to be efficient or effective, because the potential for adverse effects is low, the Plan would be managing effects that could occur as of right, which is ineffective and inefficient.

Alternatives Considered

No maximum guest number for residential area

Benefits Costs Enables occupation of baches during the Potential for the development of noisy backpackers that summer months without breaking any ‘rules’. impact on residential amenity.

Takes away red-tape and removes inequitable

Section 32 Part II Statutory and General

approach towards B&B that can be very quiet and private family homes with a large number of people congregating.

Evaluation-Efficiency and Effectiveness

In most cases it is considered that this approach is efficient and effective to manage most situations, even during busy summer months.

However consultation showed that the community preferred a restriction of guest numbers for the residential areas and there is potential benefit in doing this.

Please refer to Section 32 Part III C for final consideration and deliberation on the issue of guest numbers and consent status for Visitor Accommodation.

8.3 Noise provision changes The statutory and policy background for noise provisions can be found in Section 32 Part II Appendix section 2. A fundamental change has been made to the noise provisions in the operative Plan. The changes are based on feedback from the community, consenting planners, expert advice and DPRC recommendations. Key areas of change are:

 Refinement of the matters addressed by objectives and policies to provide greater decision-making guidance.

 Review noise level standards and revise them in light of best practice

Noise rules in the Plan are based on the following principles

Noise rules should be specific to the zone.

Noise resulting from activities expected in the zone that may occasionally breach noise standards should be permitted.

For noise conflicts between a 'noisy' zone (e.g. commercial zone) and a 'quiet' zone (e.g. residential zone), the standard should be set at some mid-point between the noise expectations of both zones. This way, activities in both zones respect the effects they have on their neighbours, but also have some rights to continue carrying out their activities.

Residential activity should be the primary reason for applying a noise standard. 43

Section 32 Part II Statutory and General

The noise standard should be measured at the notional boundary (20 m from the house or on the lot boundary, whichever is nearer), so the standard is effects-based.

Noise from occasional events and festivals should be tolerated, as long as it is not painfully loud, to allow the Coromandel tradition of these popular events to continue.

Numeric values for noise levels used in various plan sections are based on expert advice.

8.3.1 Alternatives Considered

Alternatives Considered

Status Quo (Option 1)

The interpretation, use and application of the existing noise provisions in the operative Plan are problematic due to the following issues:

The noise standards are scattered throughout the zones, policy areas, structure plans and standards in the operative Plan. Having noise standards spread throughout the various sections of a district plan makes it difficult for the general public and practitioners to use and understand.

Section 491 does not clearly outline the activity status of noise related activities and refers to compliance with noise standards outside the operative Plan to determine activity status. Section 491 contains a mixture of standards and measurements.

Section 491 refers to activities which have not been defined in the operative Plan and without the relevant definitions means that the rules are unworkable – examples include”Airport” and “Helicopter Landing Areas.”

Benefits Costs No cost associated with updating current Uncertainties over the interpretation, use and application provisions. of the existing noise provisions will continue;

The interpretation and application of these provisions may be challenged;

Cost of defending challenges regarding the interpretation, use and application of the existing noise provisions.

Section 32 Part II Statutory and General

Evaluation-Efficiency and Effectiveness

The Status Quo is not the most efficient and effective method to manage noise in the District for above reasons.

Alternatives Considered

Administrative Tidy Up of Existing Noise Provisions (Option 2)

Benefits Costs Clarification of the noise provisions; Potential for challenge from other parties who may not support the proposed changes. Minimises the potential for the interpretation of these provisions to be challenged;

Incorporatse the latest best practice New Zealand Standards that are accepted within the acoustic industry.

Evaluation-Efficiency and Effectiveness

It would be inappropriate to leave the noise provisions in their current form given the administrative and legal issues that have arisen during their administration, which have clearly shown that they are not working effectively and efficiently.

A tidy-up version of the noise provisions will more effectively and efficiently manage the issue.

Alternatives Considered

Amend Helicopter Noise Provisions to Clarify Standards and Activity Status

Uncertainties regarding the interpretation, use and application of the helicopter noise provisions in the Operative DP have arisen due to several inconsistencies, including the following:

 Rule 491.2.4 refers to NZS:6807:1994 Noise Management and Land Use Planning for Helicopter Land Areas for compliance. However, the Standard contains an inappropriate discretion for TCDC to determine whether helicopter landing pads are permitted activities with helicopter movements of less than 10 per month;  The links between Rules 512.1.8 and 582.1.2 should be clear and cross referenced;  Helicopter landing pads are defined, but helicopter landing areas are not. Consistent use of terms is

Section 32 Part II Statutory and General

required; and  There is ambiguity between Rules 512.1.8 and 582.1.2 and the definition of “Accessory Use”, as to what zones, policy areas and circumstances aircraft (including helicopters) are an accessory use and/or a permitted activity.

Provide for helipads and associated movements as a discretionary activity in all Zones and Overlay Areas (i.e. there are no permitted activity provisions) (Option 3)

Benefits Costs Clarification of the activity status of helipads in the Potential for challenge from other parties who may not District Plan. support the proposed amendments.

Minimise the potential for the interpretation of This blanket approach is not effects based and may these provisions to be challenged. require helipads to obtain resource consent where any actual or potential adverse effects would be no more Enables the consideration of cumulative effects than minor. where there is more than one helipad to be located in an area.

Evaluation-Efficiency and Effectiveness

Unnecessary resource consents might be needed which makes this approach inefficient. This approach is not effects based on a zone basis and thus not effective because it takes a blanket approach to helicopter movements.

Alternatives Considered

Provide for helipads and associated movements of up to 9 movements per month as a permitted activity in all Zones and Overlay Areas (Option 4)

Benefits Costs Clarification of the activity status of helipads in the Potential for challenge to Plan from other parties who District Plan. may not support the proposed amendments.

Minimise the potential for the interpretation of Fails to provide for the cumulative effects of helipads and these provisions to be challenged. associated movements.

Evaluation-Efficiency and Effectiveness

This option is not considered to be the most efficient and effective way to manage helicopter movements because it fails to address cumulative effects.

Section 32 Part II Statutory and General

Alternatives Considered

Provide for helipads and associated movements of up to 9 movements per month as a permitted activity in the Coastal Living Zones and Rural Zones in the following circumstances; they are accessory to the house on the lot; and they comply with the helicopter noise standards to be specified in the District Plan within the property boundaries at a height of 500 feet

Benefits Costs Clarification of the activity status of helipads in the Potential for challenge from other parties who may not District Plan. support the proposed amendments.

Minimise the potential for the interpretation of Fails to provide for the cumulative effects of helipads these provisions to be challenged. and associated movements.

Provides for helipads and associated movements where the use is accessory to the house on the lot as a permitted activity, while protecting the amenity of neighbouring properties.

Requires helipads and associated movements of more than 10 movements per month to be considered as a discretionary activity enabling a full assessment of any actual or potential adverse environmental effects associated with the activity.

Requires helipads and associated movements within the Policy Areas to be considered as a discretionary activity, where any actual or potential adverse effects on amenity values of these specific areas can be addressed.

Evaluation-Efficiency and Effectiveness

This is not considered to be the most efficient and effective way of managing helicopter movement.

Alternatives Considered

Section 32 Part II Statutory and General

Manage Noise in a separate section of the Plan

Benefits Costs Management of noise would have separate This option would add an additional chapter to the Plan objectives and policies that could be used to and would make it bulkier. rationalise noise rules. Plan users would need to go to the noise section to find Objectives and Policies would be working as out what the rules are for their activities in various zones. explanations and reasons to noise provisions. Evaluation-Efficiency and Effectiveness

This approach is not considered to be most effective, because it deviates from the general gist of the Plan to contain all matters relevant to activities in the relevant zones rather than referring users to other chapters of the Plan.

It is less efficient because it adds another administrative layer to the consenting process and might add cost in terms of being less user friendly.

8.3.2 Proposed Approach NOISE COMMERCIAL RULE 11 Noise not covered by another rule in Section 23 1. Noise not covered by another rule in Section 23 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:1999 Acoustics – Construction Noise; or c) The noise generated does not exceed the standards in Table 2.

Table 2 - Noise Level Standards

Measured at the boundaries below: Time period Noise level not to be exceeded

LAeq (15 min) LAF max The nearest boundary of a lot within At all times 70 dB N/A one of the following zones:

 Industrial  Light Industrial  Commercial  Pedestrian Core  Gateway

Section 32 Part II Statutory and General

 Marine Monday to Saturday 7 60 dB N/A am to 10 pm The nearest notional boundary of an adjacent lot within any other zone not Sunday 7 am to 6 pm 60 dB N/A listed above At all other times and 55 dB 70 dB on public holidays

2. The measurement and assessment of noise level standards set out in Table 2 must be in accordance with: a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and b) NZS 6802:2008 Acoustics – Environmental Noise, and c) NZS 6803:1999 Acoustics – Construction Noise. 3. Noise not covered by another rule in Section 23 that is not permitted under Rule 11.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matter 1 in Table 6 at the end of Section 23.

Note Rule 11.1 does not include home business activities. It may include lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities.

NOISE EXTRA DENSITY RESIDENTIAL RULE 8 Noise not covered by another rule in Section 25 1. Noise not covered by another rule in Section 25 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:1999 Acoustics – Construction Noise; or c) The noise meets the standards in Table 2.

Table 2 - Noise Level Standards

Measured at the boundaries below: Time period Noise level not to be exceeded

Day Hours LAeq (15 min) LAF max The nearest boundary of a lot within one of the following zones:

 Industrial At all times 70 dB N/A  Light Industrial  Commercial  Pedestrian Core 49

Section 32 Part II Statutory and General

 Gateway  Marine Monday to Saturday 7 50 dB N/A am to 10 pm

The nearest notional boundary of an Sunday 7 am to 6 pm 50 dB N/A adjacent lot within any other zone not At all other times and listed above 40 dB 70 dB on public holidays

2. Noise not covered by another rule in Section 25 that is not permitted under Rule 8.1 is a restricted discretionary activity.

3. The Council restricts its discretion to matter 1 in Table 6 at the end of Section 25.

Notes

1 Rule 7.1 a) does not include home business activities. It may include lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities.

2 The measurement and assessment of noise level standards set out in Table 2 must be in accordance with:

a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and

b) NZS 6802:2008 Acoustics – Environmental Noise, and

c) NZS 6803:1999 Acoustics – Construction Noise.

NOISE GATEWAY RULE 12 Noise not covered by another rule in Section 26 1. Noise not covered by another rule in Section 26 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:1999 Acoustics – Construction Noise; or c) The noise meets the standards in Table 2.

Table 2 - Noise Level Standards

Measured at the boundaries Time period Noise level not to be exceeded below: LAeq (15 min) LAF max The nearest boundary of a lot At all times 70 dB N/A within one of the following zones:

Section 32 Part II Statutory and General

 Industrial  Light Industrial  Commercial  Pedestrian Core  Gateway  Marine Monday to Saturday 7 am to 60 dB N/A 10 pm

The nearest notional boundary of Sunday 7 am to 6 pm 60 dB N/A an adjacent lot within any other zone not listed above At all other times and on 55 dB 70 dB public holidays

3. Noise not covered by another rule in Section 26 that is not permitted under Rule 12.1 is a restricted discretionary activity.

4. The Council restricts its discretion to matter 1 in Table 6 at the end of Section 26.

Note

1 Rule 11.1 does not include home business activities. It may include lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities.

2 The measurement and assessment of noise level standards set out in Table 2 must be in accordance with:

a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and

b) NZS 6802:2008 Acoustics – Environmental Noise, and

c) NZS 6803:1999 Acoustics – Construction Noise. NOISE INDUSTRIAL RULE 7 Noise generated by an activity 1. Noise generated by an activity is a permitted activity provided it meets the standards in Table 3.

Table 3 - Noise Level Standards

Time period Noise level not to be exceeded

LAeq (15 min) LAF max The noise level arising from any activity when measured within the boundary of any receiving site in the At all times 70dB N/A following zones:

 Light Industrial  Marine

Section 32 Part II Statutory and General

The noise level arising from any Monday to Saturday 10 45dB 75dB activity when measured within the pm to 7 am boundary of any receiving site in the following zones: Monday to Sunday 7 am 65dB N/A  Gateway to 10 pm  Commercial The noise level arising from any activity when measured within the boundary of any receiving site in the At all times 65dB N/A following zones:

 Pedestrian Core  Waterfront Monday to Saturday 7 50 N/A am to 10 pm

The noise level arising from any Sunday 7 am to 6 pm 50 N/A activity when measured within the At all other times and boundary of any receiving site within on public holidays any other zone not specified above. 40 70dB

2. Any noise generated by an activity that that is not permitted under Rule 7.1 is a restricted discretionary activity. 3. The Council restricts its discretion matter 5 in Table 7 at the end of this section.

Section 32 Part II Statutory and General

NOISE LIGHT INDUSTRIAL

RULE 7 NOISE GENERATED BY AN ACTIVITY 1. Noise generated by an activity is a permitted activity provided it meets the standards in Table 2.

Table 2 - Noise Level Standards

Time period Noise level not to be exceeded

LAeq (15 min) LAF max The noise level arising from any activity when measured within the boundary of any receiving site in the following zones: At all times 70dB N/A  Industrial  Marine

The noise level arising from any activity when measured Monday to within the boundary of any receiving site in the following Saturday 10 pm to 45dB 75dB zones: 7 am

 Gateway Monday to Sunday 65dB N/A  Commercial 7 am to 10 pm

The noise level arising from any activity when measured within the boundary of any receiving site in the following zones: At all times 65dB N/A  Pedestrian Core  Waterfront

Monday to Saturday 7 am to 10 50 N/A pm The noise level arising from any activity when measured Sunday 7 am to 6 within the boundary of any receiving site y within any 50 N/A pm other zone not specified above. At all other times and on public 40 70dB holidays

Section 32 Part II Statutory and General

NOISE LOW DENSITY RESIDENTIAL RULE 8 Noise not covered by another rule in Section 29 1. Noise not covered by another rule in Section 29 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:1999 Acoustics – Construction Noise; or c) The noise meets the standards in Table 2.

Table 2: Noise Level Standards

Measured at the boundaries below: Time period Noise level not to be exceeded

Day Hours LAeq (15 min) LAF max The nearest boundary of a lot within one of the following zones:

 Industrial  Light Industrial At all times 70 dB N/A  Commercial  Pedestrian Core  Gateway  Marine Monday to Saturday 7 am to 50 dB N/A 10 pm

The nearest notional boundary of an Sunday 7 am to 6 pm 50 dB N/A adjacent lot within any other zone not listed above At all other times and on 40 dB 70 dB public holidays

2. Noise not covered by another rule in Section 29 that is not permitted under Rule 7.1 is a restricted discretionary activity.

3. The Council restricts its discretion to matter 1 in Table 5 at the end of Section 29.

Notes

1 Rule 7.1 a) does not include home business activities. It may include lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities.

2 The measurement and assessment of noise level standards set out in Table 2 must be in accordance with:

a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and

b) NZS 6802:2008 Acoustics – Environmental Noise, and

c) NZS 6803:1999 Acoustics – Construction Noise.

Section 32 Part II Statutory and General

NOISE MARINE SERVICES Rule 10 Noise not covered by another rule in Section 30 1. Noise not covered by another rule in Section 30 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:1999 Acoustics – Construction Noise; or c) The noise generated does not exceed the standards in Table 2.

Table 2 : Noise Level Standards

Time period Noise level not to be exceeded

Day Hours LAeq (15 min) LAF max Measured at the boundary of a site At all times 70 N/A adjoining any of the following zones:

 Industrial  Light industrial  Commercial  Pedestrian Core  Gateway  Marine Measured at the notional boundary of Monday to 7 am to 60 N/A a site within any adjoining zone not Saturday 10 pm listed above Sunday 7 am to 60 N/A 6 pm

At all other times and 55 70 on public holidays

2. The measurement and assessment of noise level standards set out in Table 2 must be in accordance with: a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and b) NZS 6802:2008 Acoustics – Environmental Noise, and c) NZS 6803:1999 Acoustics – Construction Noise. 3. Noise that is not permitted under Rule 10.1 is a restricted discretionary activity. 4. The Council restricts its discretion to matter 1 in Table 5 at the end of section 30.

Section 32 Part II Statutory and General

NOISE PEDESTRIAN CORE RULE 12 Noise not covered by another rule in Section 33 1. Noise not covered by another rule in Section 33 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:1999 Acoustics – Construction Noise; or c) The noise meets the standards in Table 2.

Table 2 - Noise Level Standards

Measured at the boundaries Time period Noise level not to be exceeded below: LAeq (15 min) LAF max The nearest boundary of a lot At all times 70 dB N/A within one of the following zones:

 Industrial  Light Industrial  Commercial  Pedestrian Core  Gateway  Marine Monday to Saturday 7 am to 60 dB N/A 10 pm

The nearest notional boundary of Sunday 7 am to 6 pm 60 dB N/A an adjacent lot within any other zone not listed above At all other times and on 55 dB 70 dB public holidays

2. Noise not covered by another rule in Section 33 that is not permitted under Rule 12.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matter 1 in Table 5 at the end of Section 33.

Note

1 Rule 12.1 does not include home business activities. It may include lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities.

2 The measurement and assessment of noise level standards set out in Table 1 must be in accordance with:

a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and

b) NZS 6802:2008 Acoustics – Environmental Noise, and

Section 32 Part II Statutory and General

c) NZS 6803:1999 Acoustics – Construction Noise.

NOISE RESIDENTIAL ZONE RULE 8 Noise not covered by another rule in Section 36 1. Noise not covered by another rule in Section 36 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:1999 Acoustics – Construction Noise; or c) The noise meets the standards in Table 2.

Table 2 - Noise Level Standards

Measured at the boundaries below: Time period Noise level not to be exceeded

Day Hours LAeq (15 min) LAF max

The nearest boundary of a lot within one of the following zones:

 Industrial  Light Industrial At all times 70 dB N/A  Commercial  Pedestrian Core  Gateway  Marine Monday to Saturday 7 50 dB N/A am to 10 pm

The nearest notional boundary of an Sunday 7 am to 6 pm 50 dB N/A adjacent lot within any other zone not At all other times and listed above 40 dB 70 dB on public holidays

2. Noise not covered by another rule in Section 36 that is not permitted under Rule 8.1 is a restricted discretionary activity.

3. The Council restricts its discretion to matter 1 in Table 6 at the end of Section 36.

Notes

1 Rule 8.1 a) does not include home business activities. It may include lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities.

2 The measurement and assessment of noise level standards set out in Table 2 must be in accordance with:

a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and

Section 32 Part II Statutory and General

b) NZS 6802:2008 Acoustics – Environmental Noise, and

c) NZS 6803:1999 Acoustics – Construction Noise.

NOISE VILLAGE RULE 17 Noise not covered by another rule in Section 40 1. Noise not covered by another rule in Section 40 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:179 Acoustics – Construction Noise; or c) The noise meets the standards in Table 2, as measured at the nearest notional boundary of an adjacent lot.

Table 2: Noise Level Standards

Time period Noise level not to be exceeded

LAeq (15 min) LAF max Monday to Saturday 7 am to 10 pm 50 dB N/A

Sunday 7 am to 6 pm 50 dB N/A

At all other times and on public holidays 40 dB 70 dB

2. Noise not covered by another rule in Section 40 that is not permitted under Rule 17.1 is a restricted discretionary activity.

3. The Council restricts its discretion to matter 1 in Table 6 at the end of Section 40.

Notes

1 Rule 17.1 a) does not include home business activities. It may include lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities.

2 The measurement and assessment of noise level standards set out in Table 2 must be in accordance with:

a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and

b) NZS 6802:2008 Acoustics – Environmental Noise, and c) NZS 6803:179 Acoustics – Construction Noise.

Section 32 Part II Statutory and General

NOISE WATERFRONT RULE 11 Noise not covered by another rule in Section 41 1. Noise not covered by another rule in Section 41 is a permitted activity provided: a) The noise is generated by temporary site or building maintenance activities between 7.00 am and 8.00 pm; or b) The noise is generated by site or building construction activity between 7.00 am and 8.00 pm and complies with Standard NZS 6803:1999 Acoustics – Construction Noise; or c) The noise meets the standards in Table 2.

Table 2 - Noise Level Standards

Measured at the boundaries Time period Noise level not to be exceeded below: LAeq (15 min) LAF max The nearest boundary of a lot At all times 70 dB N/A within one of the following zones:

 Industrial  Light Industrial  Commercial  Pedestrian Core  Gateway  Marine Monday to Saturday 7 am to 60 dB N/A 10 pm

The nearest notional boundary of Sunday 7 am to 6 pm 60 dB N/A an adjacent lot within any other zone not listed above At all other times and on 55 dB 70 dB public holidays

2. Noise not covered by another rule in Section 41 that is not permitted under Rule 11.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matter 1, 9 in Table 6 at the end of Section 41.

Note

1 Rule 11.1 does not include home business activities. It may include lawn mowing, waterblasting, leaf blowing, and similar temporary maintenance activities.

2 The measurement and assessment of noise level standards set out in Table 2 must be in accordance with:

a) NZS 6801:2008 Acoustics – Measurement of Environmental Sound, and

b) NZS 6802:2008 Acoustics – Environmental Noise, and

Section 32 Part II Statutory and General

c) NZS 6803:1999 Acoustics – Construction Noise.

RULE 10 Noise not covered by another rule in section 41 1. Noise that is not covered by another Plan rule is a permitted activity provided:

a) It is associated with normal residential activity; and b) Is intermittent and/or limited in duration; or c) It meets the standards in Table 2.

Table 2 - Maximum noise level measured at the notional boundary of a receiving site

Time/day LAeq (15 mins) LAF max

1. Mon - Sat from after 7.00 am - 10.00 pm 50 dB -

2. Mon - Sat from after 10.00 pm - 7.00 am - 70 dB

3. Sunday & Public holidays from 9.00 am - 6.00 pm 50 dB -

4. All other times 40 dB -

Note In the Coastal Living Zone intermittent and/or limited in duration noise associated with a normal farming, forestry or residential activity may include noise from animals, harvesting, cultivation, fertilising, spraying, lawn mowing and site or building construction or maintenance activities.

2. Any noise generated by an activity that that is not permitted under Rule 10.1 is a restricted discretionary activity. 3. The Council restricts its discretion to relevant matters in Table 7 at the end of section 41.

NOISE RURAL LIFESTYLE RULE 16 Noise not covered by another Plan rule

1. Noise that is not covered by another Plan rule is a permitted activity provided:

a) It is associated with a normal farming, forestry or residential activity; and b) Is intermittent and/or limited in duration; or c) It meets the standards in Table 4.

Table 4 - Maximum noise level measured at the notional boundary of a receiving site

Time/day LAeq (15 mins) LAF max

Section 32 Part II Statutory and General

1. Mon - Sat from after 7.00am - 10.00pm 50 dB -

2. Mon - Sat from after 10.00pm - 7.00am 70 dB

3. Sunday & Public holidays from 9.00am - 6.00pm 50 dB -

4. All other times 40 dB -

Note: In the Rural Lifestyle Zone intermittent and/or limited in duration noise associated with a normal farming, forestry or residential activity may include noise from animals, harvesting, cultivation, fertilising, spraying, lawn mowing and site or building construction or maintenance activities.

2. Any noise generated by an activity that that is not permitted under Rule 16.1 is a restricted discretionary activity. 3. The Council restricts its discretion to the matters in Table at the end of this section.

NOISE NOT COVERED BY ANOTHER PLAN RULE RULE 16 Noise not covered by another Plan rule

1. Noise that is not covered by another Plan rule is a permitted activity provided:

a) It is associated with a normal farming, forestry or residential activity; and b) Is intermittent and/or limited in duration; or c) It meets the noise level standards in Table 4.

Table 4 - Maximum noise level measured at the notional boundary of a receiving site

Time/day LAeq (15 mins) LAF max

1. Mon - Sat from after 7.00am - 10.00pm 50 dB -

2. Mon - Sat from after 10.00pm - 7.00am 70 dB

3. Sunday & Public holidays from 9.00am - 6.00pm 50 dB -

4. All other times 40 dB -

Note: In the Rural Production Zone intermittent and/or limited in duration noise associated with a normal farming, forestry or residential activity may include noise from animals, harvesting, cultivation, fertilising, spraying, lawn mowing and site or building construction or maintenance activities.

2. Any noise generated by an activity that that is not permitted under Rule 16.1 is a restricted discretionary activity. 3. The Council restricts its discretion to matters {insert the matter numbers} in Table {insert table number} at the end of section {insert section number}. 61

Section 32 Part II Statutory and General

Proposed Approach

Administrative tidy up of existing noise provisions (Option 2), Amend Helicopter Noise Provisions (Variation of Option 5) and update existing noise levels (Option 2) Private Helipads are a Permitted Activity in the Rural Area and Coastal Living Zone as long as they are accessory to a dwelling or a farming/forestry activity on the site

Benefits Costs The proposed approach responds to the latest Costs to introduce new tables for noise levels in technical standards different zones

It is clear and unambiguous Potential for challenge from parties that do not agree with proposed noise levels It can be easily incorporated into the Plan

Evaluation-Efficiency and Effectiveness

The proposed provisions are enabling and support helicopter movements, which is consistent with the Plan’s policy framework to keep the District’s community connected with a variety of transportation modes. They are efficient because they do not require unnecessary consents where effects do not need to be managed in addition to other legislative requirements and they are effective because they clearly state what noise levels can be expected and are appropriate in various environments.

8.4 Festivals, events On the basis of feedback from planners and the Council’s enforcement team, provisions for festivals and events were drafted in a very enabling way. The key rationale was getting rid of red tape where effects are only temporary and enabling the community to enjoy what makes the Coromandel special. During consultation ‘Festivals, events’ generated a lot of comment and controversy, mainly because the draft rule was too permissive for local residents. The festival, event rule covers a lot of different activities, not just large loud festivals. The key is being permissive enough for the small school galas, while controlling the festivals with major effects.

Some people wanted to see noise restrictions at night. This is difficult for the Council to enforce. The Council only has one noise monitoring equipment set, and it is expensive to find a person to operate it. While that could change, festivals/events are occasional and do not always give advance warning. It is more practical to include a note saying that the Council will apply excessive noise provisions under sections 326 - 328 of the RMA. This is something that the Council's monitoring officers can judge on the spot, based on the location, time, frequency, and other variables of the event. Further amendments have been made to the Draft Plan. The effect of noise at night is made reasonable by the reduced frequency of festivals and events compared to the Draft Plan.

Section 32 Part II Statutory and General

8.4.1 Proposed Approach

The following standards are proposed:

Frequency set at 1 per [time period] rather than [frequency] per year, to avoid all annual 'events' happening over the New Year period, and reduce the actual frequency.

Discouraging excessive noise after 10 pm.

Restrict overnight events even further - to one per year, as this has much greater effects than an event that finishes at the end of the day.

Apply the standard separating "large" and "small" events to apply to evening/overnight events only, and reduce the attendee split from 1200 attendees to 250.

For "large" events, include discretion over accommodation locations and transport to/from/within the site.

Proposed Provisions (see below) Evaluation-Efficiency and Effectiveness Benefits and Costs The proposed, amended provisions are considered to manage environmental effects of festivals and events more effectively because they reduce the frequency of permitted ‘festivals and events’, thereby reducing the nuisance factor and they reduce the number of attendees which automatically reduces the effects like noise, dust, traffic.

The provisions are considered to be efficient because they enable the community to congregate and socialise spontaneously. As long as these congregations do not exceed a certain scale no consents are needed which saves costs at both ends, for organisers and the Council for monitoring and enforcing.

8.4.2 Proposed Provisions Festival, event 1. A festival, event is a permitted activity provided:

Section 32 Part II Statutory and General

a) Electronically amplified noise and vehicle noise at the notional boundary of adjacent sites between

10 pm and is no louder than 40 dB LAeq (15 min). [40 dB is like a library, a refrigerator hum, a suburban bedroom]. b) The noise of any helicopter associated with the festival, event complies with the standards in NZS 6807:1994 Noise management and land use planning for helicopter landing areas (excluding Section 5: Land Use Planning); and c) [Rural Area Only] All vehicle parking and manoeuvring associated with the activity is contained on the site; and d) It lasts no longer than 24 consecutive hours; and e) The site meets the standards in Table 1.

Table 1 - Maximum frequency of festivals, events per site [Rural Area, Residential Area]

Occurs overnight (10 pm to 7 am)? Less than 250 people More than 250 people

Yes 1 per calendar month 1 per calendar year

No 1 per fortnight

3. A festival, event and associated temporary buildings that is not permitted under Rule 1.1 a), b) or c) is a restricted discretionary activity. 4. The Council restricts its discretion to matters x in Table y at the end of Section z. 5. A festival, event and associated temporary buildings that is not permitted under Rule 1.1 d) or e) is a discretionary activity. 6. Rule 12 (Noise) does not apply to a festival, event.

Note: After 10 pm, the Council may apply excessive noise provisions under sections 326 - 328 of the RMA if noise, particularly electronically amplified noise, is excessive for the location and event.

8.5 Forestry

8.5.1 Forestry issues in the District Forestry activities are a typical example of a ‘cross-boundary’ issue. The Plan should not duplicate rules managing the effects of forestry in the Regional Plan. The Regional Plan has forest harvesting as a permitted activity with conditions or a controlled activity with conditions. This makes sense, as once the trees are in place and have been growing for 25+ years, it would be unreasonable to refuse a consent to harvest them.

A district plan has little control over forestry once it is established, as existing use rights apply. If a forest was planted and harvested initially as a permitted activity, it can be replanted and harvested with that same status. Regional plans are not bound by existing use rights, and have the jurisdiction to control harvesting more effectively under section 30 RMA.

Section 32 Part II Statutory and General

The regional plan does not issue resource consents for "forestry" per se, but for the effects of forestry. The following is a summary of the rules in general terms, as they apply to forestry in the Coromandel:

Forest harvesting, including soil disturbance, roads and tracking is permitted, provided replanting has a 10 m buffer either side of a water body with a catchment >50 ha, and a 5 m for water bodies with a stream between 20 and 50 ha. Wilding pines must be removed if there are more than 50 stems per km of riparian margin (if safe to do so). It also must meet 16 performance conditions relating to erosion, slash, flooding, wahi tapu, hazardous substances, etc.

The following is controlled:  Forestry roads 100 m to 2 km long in a high-risk erosion area.  Forest harvesting within 5 m of the banks of a water body in a high-risk erosion area, including any deposition of slash or sediment into streams.  Forest harvesting of more than 50 ha per year in the catchments of the Coromandel, Whangapoua, Whitianga, Tairua, Wharekawa, Whangamata, Manaia, Colville Bay, Waikawau, Purangi and Otahu estuaries, and any associated deposition of slash or sediment into streams.

A high-risk erosion area is land with one of the following: >25 degree slope, Coromandel east coast dunes, 50 m from estuaries, 10 m from water bodies with slope <15 degrees, and for slopes >15 degrees the lesser of either 100 m or when the slope becomes <15 degrees.

This controlled activity is notified to iwi and hapu so significant sites can be identified. Control is exercised over the environmental effects of the forestry harvesting.

Otherwise forestry harvesting and associated activities are treated as a discretionary activity.

Regional plan rules do not control the establishment of new forests. That is one of the main concerns for communities - that forestry will be planted on steep land, causing problems when the trees are harvested that cannot be easily avoided through consent conditions and best practice.

The best way for the district plan to justify controls on forestry is at the time of planting (afforestation) in areas of special value to the Coromandel. If forestry is planted in outstanding landscapes, it is highly likely that the landscapes will no longer be outstanding. If forestry is planted in areas of significant indigenous biodiversity, there will be a reduction in biodiversity that is unlikely to be remedied or mitigated (this is covered by existing indigenous vegetation clearance rules). Forestry harvesting can affect areas of high natural character by river disruption, sedimentation, roads and vegetation clearance.

The Plan includes special provisions for sustainable use to cover situations where indigenous trees are used according to sustainable principles. Removal of indigenous vegetation while retaining the biodiversity resilience of an indigenous ecosystem on the site over the long term (no net loss).

Section 32 Part II Statutory and General

Examples of sustainable use include Ministry of Primary Industries’ harvesting permit, tea tree oil, manuka/kanuka firewood, tree fern harvesting.

The major forest owners in the Coromandel subscribe to the New Zealand Environmental Code of Practice for Plantation Forestry (2007). The Code is a tool kit; describing a range of management options that could be applied to a particular situation. These cover:

operational planning slash management

earthworks waterway crossings

harvesting mechanical land preparation

agrichemical application burning

Planting pruning and waste thinning

fertiliser application historical and heritage management

fuel and oil waste management

operational management environmental incident

forest protection

The community is concerned about the following matters:  Pine pollen causing allergies.  Wilding pines and their spread into native bush.  Visual scars on the landscape for a few years until trees regrow.  Planting and harvesting trees on steep, erodible land, causing erosion and sedimentation into rivers and estuaries.  Road damage from logging trucks.  Brush and slash from harvesting clogging culverts and exacerbating localised flooding.

The forestry companies refute these problems. They note:  Pine pollen is a minor cause of allergies. It is visible, but its visibility indicates the pine pollen granules are too large to damage mucous membranes. Most allergies are caused by grasses and other plants.  Pine forests are habitats for indigenous species, such as kiwi, weta and bats. Pest trapping is carried out in some forests such as the Whangapoua Forest.

Section 32 Part II Statutory and General

 While scars are inevitable during harvesting, they only occur once every rotation and are soon replaced by new growth.  More sedimentation in estuaries comes from pastoral farming than from forestry over a rotation period.  Forest owners pay rates for two decades before local roads are needed for log transport. Road maintenance costs are collected from these rates.  Forestry harvesters follow regional council conditions and best practice guidelines to minimise slash in steams.

Implementation – Practical Considerations In order for any district plan rules for forestry to be effective, it will need to invest in staff with expertise in forest management to set appropriate conditions for a forestry area and to assess complaints and compliance with conditions. Alternatively the Council could delegate responsibility for forestry consents to the regional council.

A landscape specialist has noticed that forestry operators log trees and make tracks adjacent to bush, allowing for a greater planting area for the next rotation. Such activity is 'indigenous vegetation clearance' and 'afforestation', and falls within the Plan rules. The Council would need to invest in staff and resources to investigate such practices, request remediation or if necessary prosecute.

8.5.2 Proposed Provisions Based on the considerations above (overlap between Council responsibilities, different impacts of existing forestry and plantation forestry, concerns about implementation and thus effectiveness and efficiency of rules) the following changes have been made to the draft provisions:

Removal of plantation forestry rule, as this is best managed by regional plan rules.

Move afforestation rule to the overlay sections: A non-complying activity in Outstanding Landscapes. A restricted discretionary activity in High Natural Character areas. This is unlikely to be restricted discretionary most of the time as afforestation would usually include indigenous vegetation clearance.

A controlled activity in the Coastal Environment outside of other overlays.

Include road access, track creation and a forest planting plan for high risk erosion areas as matters to be considered.

For rural land not covered by an Outstanding Landscape, High Natural Character or the Coastal Environment, afforestation is a permitted activity subject to similar conditions as the regional plan has for harvesting: riparian buffers, wahi tapu identification, wilding pine management. Continuous forest cover rules are retained.

Section 32 Part II Statutory and General

8.6 Contaminated land The 'National Environmental Standard for Assessing and Managing Contaminants in Soil to Protect Human Health' ('NES') came into effect on 1 January 2012. This regulation addresses rules for development of land which is or is more than likely to be contaminated. The Council is required to give effect to and enforce the requirements of the NES.

The NES provides a nationally consistent set of planning controls and soil contaminant values, and ensures that land affected by contaminants in soil is appropriately identified and assessed before it is developed. Land that may be affected by contaminants is described in a HAIL list (see below). If necessary the land is remediated or the contaminants contained to make the land safe for human use.

The Hazardous Activities and Industries List ('HAIL') is a compilation of activities and industries that are considered likely to cause land contamination resulting from hazardous substance use, storage or disposal - sometimes causing contamination. The Waikato Regional Council (WRC) identifies and makes available a HAIL list for the region.

8.6.1 Proposed Approach

Retain the general policies for contaminated land in as per Draft Plan, with some minor improvements and links to the regional council and the HAIL list.

Replace the Contaminated Land rules and HAIL list with references to the NES process and the WRC HAIL list, and how they work in general terms.

Combine the Hazardous Substances and Contaminated Land sections. Contaminated land provisions will not be large enough to justify their own section.

Also, hazardous substances are closely related to contaminated land as one causes the other. It makes sense to combine the policy framework for both. The plan user can see all policy and rules for these matters in one policy section and rule section.

SECTION 32 PART II Statutory and Policy

8.7 Earthworks As with forestry, earthworks controls in the Plan should not overlap with those in the Regional Plan. The Regional Policy Statement (RPS), which directs what method should be used to manage activities, gives responsibility for earthworks and soil disturbance to the Regional Plan.

The Regional Plan should have the responsibility for managing most environmental effects of earthworks. Where the Proposed Plan can play a role is for health and safety (e.g. cuts and fills in residential areas), visual effects (outstanding and amenity landscapes), maintenance of high natural character, and impact on the coastal environment. Rules and matters also apply to earthworks done as part of subdivision.

8.7.1 Proposed Provisions

In urban zones, have permitted earthworks rules with standards for health, safety and amenity.

In outstanding landscapes, keep the existing earthworks rule.

In amenity landscapes and the coastal environment, apply the earthwork thresholds currently in the Rural Zone to these overlays only.

Add a rule for earthworks in high natural character areas to preserve that character. Remove the earthworks rules from the Recreational Area and the Rural Area zone rules.

Add a note in the Plan advising users of the earthworks rules in the Regional Plan.

Alternatives Considered

No controls on volumes if area and depth of earthworks is controlled

Benefits Costs Would avoid additional standard Does not control changing noise and dust effects and access implications. Can make consenting easier Potential for undesirable environmental effects

Evaluation-Efficiency and Effectiveness

Keeping the volumes control additionally to the area and depth standards better addresses potential effects particularly on smaller sites where storage is difficult.

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SECTION 32 PART II Statutory and Policy

Alternatives Considered

Using a 1:20 gradient as in the draft Plan

Assessment

The threshold of 1:8 has been found to provide better guidance than the 1:20 gradient.

Note: Earthworks Rules have been further refined subsequent to feedback received from the Council Consents Team. The new provisions better manage earthworks on small sites with little space.

8.8 Light Spill Light spill is an environmental effect that many people in the community would like to mitigate near their property, and reduce the "light dome" effect over settlements. Illuminance (lux) is luminous flux (lumens) per m2, or in other words one candle light 1 m away, per m2. Below are examples of different lux levels. The high-lighted levels are ones generally used for light spill standards.

0.002 lux Moonless clear night with airglow 0.01 lux Quarter moon 0.2 lux Full moon on a clear night 1 lux Full moon, clear night, overhead, high altitude, at tropical latitudes 1 lux Appropriate for intrinsically dark areas: forest parks, residential areas where residents want to strictly limit light trespass 2.5 lux Facial recognition can be made 3 lux Appropriate for suburban and possibly rural-residential areas 3.4 lux Dark limit of twilight under a clear sky 5 lux Recommended for facial identification 8 lux Appropriate for dense urban areas. 15 lux Appropriate for high levels of night-time activities 50 - 80 lux Family living room, hallway 100 lux Very dark overcast day 320 - 500 lux Office lighting 400 lux Sunrise/sunset on a clear day 1,000 lux Overcast day, TV studio lighting 10,000 - 25,000 Full daylight out of direct sun 32,000 - 130,000 Direct sunlight

Light spill is measured at the "notional boundary", meaning the closer of 20 m from a dwelling or the lot boundary.

Other district plans for similar districts to Thames-Coromandel use the following maximum light spill lux levels at residential lot boundaries:

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SECTION 32 PART II Statutory and Policy

3 lux Waimakariri (2 m within lot boundary), Kaikoura, Ashburton 8 lux Palmerston North (recently changed from 10 lux), Lower Hutt (at complainant's window), Rotorua, Rangitikei 10 lux Gisborne, Kapiti Coast, Waikato District, Environmental Protection Agency (for a prison adjacent to a residential area) 15 lux Gore (in mixed use zones)

The Draft Plan used the following maximum light spill levels (in all cases to a notional boundary of a dwelling). They show that residences within non-Residential Areas have no protection against light spill, and that light spill from more intensively urban areas into suburban residential areas are higher than within a suburban or rural area. Also, the standards only consider keeping houses dark at night - not the overall effect of light domes over urban areas.

1 lux Coastal Zone, Rural Production Zone 3 lux Rural Lifestyle Zone 5 lux Coastal Living Zone 8 lux Airfield Zone, Marine Service Zone 10 lux Commercial Zone, Extra Density Residential Zone, Gateway Zone, Low Density Residential Zone, Pedestrian Core Zone, Recreation Active Zone, Recreation Passive Zone, Residential Zone, Road Zone, Village Zone, Waterfront Zone 15 lux Industrial Zone, Light Industrial Zone None Conservation Zone, Open Space Zone

8.8.1 Proposed Changes On the basis of community feedback during consultation the following areas of improvement were identified:  Maintain the low light spill in the District’s urban areas  Recognise that modern lighting technology can significantly reduce light spill  Reduce the 'light dome' effect over settlements

At the same time it was suggested that a looser limit should apply around predominately non- residential areas. These areas may find it difficult to limit light spill to rural levels without constraining night-time operations. Facial recognition may be important for security reasons, particularly along the boundary of these sites.

The Code of Practice for Subdivision and Development has detailed standards for lights on roads and reserves. These do not directly deal with light spill, though the technology required does minimise light spill compared to earlier incandescent and neon street lights. Light levels need to be higher in many areas for safety, to reduce crime and to increase perceptions of safety. Staff can review whether any additional standards are needed to minimise light spill more than is already in the standards.

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SECTION 32 PART II Statutory and Policy

Proposed Lux Standards

1 lux Rural Zone, Rural Lifestyle Zone, Conservation Zone, Coastal Living Zone, Low Density Residential Zone, Open Space Zone. 3 lux Airfield Zone, Extra Density Residential Zone, Recreation Passive Zone, Residential Zone, Village Zone. 5 lux Marine Service Zone, Commercial Zone, Gateway Zone, Pedestrian Core Zone, Recreation Active Zone, Road Zone, Industrial Zone, Light Industrial Zone, Waterfront Zone.

Light spill has been added as a matter to consider in the Urban Subdivision Design Guidelines and as a subdivision consent matter where street lights and other public lighting are to be installed.

9 Alternative Plan outlay considered

9.1 Pure Zone and Overlay-Based Plan The Plan is mostly zone, overlay and notation-based, but there are a few district-wide rules for subdivision and hazardous substances. Staff considered making the Plan totally zone-based, but the size of the Plan increased considerably. So as subdivision is usually treated separately as it is not technically a land use, and transportation, hazardous substances and contaminated land sites can be anywhere, these provisions were pulled out of the zones into district-wide matters.

10 Permitted Activities occurring in all Zones

Proposed Approach

Emergency Service Training,Military training, Public amenity, Temporary living place are permitted without standards Benefits Costs Enables these activities to occur without The approach is based on a practical reliance additional bureaucracy. that these activities will be undertaken according to the legislation they operate under, residual Saves costs for obtaining and administering risk of non-compliance. resource consents.

Evaluation-Efficiency and Effectiveness

The benefits outweigh the costs; this is considered to be an efficient and effective way of managing and enabling these activities.

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Proposed Approach

Scientific equipment, navigational aid permitted without standards or with standards according to the sensitivity of the zone

Benefits Costs This enables activities which essentially Adverse effects from these activities are contribute to the community’s well-being to considered to be improbable, but there is a operate without additional costs and hurdles. residual risk of visual intrusion, noise etc.

Evaluation-Efficiency and Effectiveness

Providing for these activities is considered to be efficient, because it saves costs for both operators and the Council and effective because it clearly specifies relevant standards for individual zones or no standards where appropriate.

Proposed Approach

Above-ground electricity line, Above-ground telecommunication line, Minor upgrading or removal of an above ground electricity line, Minor upgrading or removal of an above ground telecommunication line, Phone box, radio and telecommunication ancillary equipment, shelter or cabinet, Radio and telecommunication depot, workshop, Radio and telecommunication mast, tower and associated antenna and equipment, Satellite, microwave dish and associated antenna and equipment, Substation, transformer, switching station, Underground electricity line, Underground telecommunication line, cable, water, wastewater, stormwater infrastructure are provided for either as permitted or restricted discretionary activities depending on the requirements of the underlying zone.

Benefits Costs The approach taken enables infrastructure works Potential for loss of amenity, visual intrusion. to be undertaken with a minimum of restriction.

Reference is made to other legislation that governs these activities (e.g. the National Standards for Telecommunication Facilities).

Avoids duplication

Saves costs

Evaluation-Efficiency and Effectiveness

These activities are essential to enable the community to provide for their social and economic well- being. It is considered that the potential costs outweigh the benefits and that the enabling regime

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will be effective, because controls are tailor-cut to the level of sensitivity of the zones and efficient because it saves time and money for resource consents.

Proposed Approach

Amateur Radio Configuration is a permitted activity with standards in the Rural and Residential Areas. Benefits Costs Meets community needs Potential for visual intrusion

Keeps people connected Affected parties (neighbours) might oppose establishment of structures Standards are based on what similar district successfully use Potential for litigation as a consequence

Evaluation-Efficiency and Effectiveness

It is considered that the standards will effectively address the potential ‘costs’ and that overall the rule will be able to be implemented efficiently.

11 Section 5 Cross Boundary Matters

11.1 Introduction The Council shares some resource management issues and responsibilities with other territorial authorities in and adjacent to the District. Such issues may relate to specific resources or areas that extend across district or regional boundaries, e.g. transport networks, water bodies, erosion etc. The District shares a common physical boundary with the Hauraki District Council and a jurisdictional boundary with the Waikato Regional Council seaward of mean high water springs. The operative Plan’s cross-boundary policies and methods encourage collaboration, protocols, information sharing and so on. Requirements apply when effects of an activity cross a jurisdictional boundary or when the activity itself crosses a boundary. This is a common-sense approach. A number of other organisations share resource management functions and responsibilities with the Council including the Department of Conservation, the New Zealand Transport Agency, tangata whenua and the Hauraki Gulf Forum. The New Zealand Coastal Policy Statement and the Proposed Regional Policy Statement require integrated management of natural resources, information sharing and recognition of interest. The Plan streamlines cross-boundary matters to activities and/or effects that cross into one of the following jurisdictions: Hauraki District Council, Waikato Regional Council (beyond mean high water springs), and Department of Conservation (the Conservation estate). These are the times when policy to guide cross-boundary matters is needed.

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11.2 Delegation of authority The Plan also recommends investigating the transfer of consent and monitoring functions to the Waikato Regional Council for structures that cross mean high water springs, large-scale earthworks and plantation forestry land use controls. This is because the Regional Council already deals with these land uses through their Regional Plan and Regional Coastal Plan (albeit with different justification, e.g. soil erosion rather than biodiversity). This has a number of advantages:  Applicants need only deal with one authority.

 Decision makers have the full range of RMA powers and district and regional rules and policy with which to properly assess an application in an integrated manner.  The Regional Council already has staff who have high levels of expertise and experience in coastal, earthworks and forestry matters. The Council does not.

11.3 Alternative Plan policy approaches considered

11.3.1 Framework for cross-boundary applications The Council considered that a detailed, directive framework for resource consent applications that cross jurisdictional boundaries could be useful. It would clearly tell applicants and decision makers who would be assessing the application (district, region, DoC or a combination), the information requirements, and whether any special process was needed. However, this added bureaucracy and unnecessary rigidity of information requirements for applicants. A simple case-by-case decision on these matters, guided by some key policies, should suffice. For example, if an application had only minor cross-boundary effects, a joint hearing may not be needed

11.4 Processes Processes most appropriate to achieve the purpose of the Act

Cross Boundary Matters

Processes Benefits The processes stated in the Plan require relevant authorities to cooperate and coordinate their resource management efforts amongst one another. To achieve the purpose of the Act councils need to have processes in place to exchange information, receive and provide feedback on plan provisions and plan changes and include provisions in their plans which avoid duplication.

The Council will coordinate exercise of its duties under the Local Government Act and under RMA.

Costs The costs that might arise from establishing cross-boundary processes and protocols are deemed to be outweighed by the wider community benefit in terms of streamlining double-consenting requirements and duplication of rules in general.

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Efficient and Effective The Processes are consistent with Part 2 of the Act and implement the New Zealand Coastal Policy Statement and the Proposed Regional Policy Statement requirements efficiently and effectively.

11.5 Methods Methods that implement the processes

The Methods in this chapter of the Plan summarise all the cross boundary matters and describe how they are being dealt with in the Plan. This serves as a reference for Plan users.

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