Guide to lake structures

What are lake structures? Lake Airspace This means anything constructed, ownership and whether temporary or permanent, management Lake structure Crown water moveable or immovable, where any column and part intrudes into, or is placed over, This diagram describes airspace stratum the waters of a lake, or is on land that lake ownership for the would be covered by water when lake Rotorua Te Arawa Lakes Water column levels rise, and includes: Ōkāreka, Ōkataina, ▪▪ Buildings (boatshed, boat port) Rerewhakaitū, Rotoehu, Rotoiti, Rotomā, Lakebed ▪▪ Structures (jetty, ramp, including Rotomahana, Rotorua, boat ramps, slipway, stairs) Tarawera and Tikitapu; Te Arawa ▪▪ Moorings including Lakes lakebed and ▪▪ Walls and retaining walls built of Ngāhewa, Ngāpōuri and Subsoil subsoil stratum any material, including rocks. Tūtaeinanga located in the Waikato Region. Requirements for consents are the same, whether for a new structure or an extension to an existing structure. A lake structure

Why do we need rules? Who does what? Rotorua lakes are a national treasure ▪▪ Land Information New Zealand A private Trust owns Lake and a jewel of the Bay of Plenty. administers the Crown Stratum Rotokawau, a Māori Trust owns They are also significant habitat for a on behalf of the Crown. Lake Rotokākahi. For advice number of aquatic plants and animals. ▪▪ Te Arawa Lakes Trust are on Lake Ōkaro, contact Rotorua Any application to build a structure on landowners of the District Council. If you want to erect the lakes will need to consider how it Te Arawa lakebeds, and a structure in these lakes, contact will affect these. administer and manage the Bay of Plenty Regional Council for Te Arawa stratum. advice. ▪▪ Bay of Plenty Regional Council Any lake structure in the Waikato issues resource consents for lake listed come under the lease lake structures on behalf of process in this brochure, but need both the Regional Council and resource consent from Waikato Rotorua District Council Regional Council, not Bay of Plenty ▪▪ There may be publicly owned, Regional Council and Rotorua privately owned or Trust owned District Council. land around the lake, or in the lake itself. Approval needed to erect Affected party approvals Jetties are open to the When a resource consent Limited notified How much will this cost? or extend a lake structure public application is notified Bay of Plenty Regional Council seeks When you apply for a resource submissions from affected parties. You must pay for: consent for your lake structure you Jetties are exempt from the building The public are able to use most Given the many different lake users The Bay of Plenty Regional Council ▪▪ Preparing the application, such as are required to provide approval from consent process if height above jetties on the Rotorua lakes at and potential affected parties, some will only consider submissions from survey plan of the lake structure affected parties and owners. the waterline is less than 1.5 m or any reasonable time and for any applications for new lake structures affected parties. and legal property boundaries etc. they form an integral part of another This approval may be provided in reasonable period. There are will need to be notified. Publicly notified ▪▪ The lease from the landowners structure, such as a boat shed. a letter from them or Bay of Plenty exceptions for commercial, safety or and lakeowners. When you lodge your resource Buildings over the water will require a Regional Council can provide a form private land ownership reasons. Most existing structures are non- consent application with ▪▪ Consultation with affected parties. building consent. which you can get them to sign. notified. In publicly notified consents, Bay of Plenty Regional Council, it submissions are invited from the ▪▪ Bay of Plenty Regional Council You need the following approvals to Affected parties can include will decide on a case-by-case basis public, this generally occurs when resource consent processing fee, fully authorise a new lake structure or Check out the planning anyone who might be affected by whether it needs to be notified or not. structures are on multiple titles. which includes administration extend an existing one (in order): your application and can include documents costs, limited/public notification Non-notified Bay of Plenty Regional Council can ▪▪ Written approval from the landowners, Rotorua District Council, of your resource consent, the Bay of Plenty Regional Council will consider submissions sent in from landowners and affected parties – Te Arawa Lakes Trust, LINZ, This means Bay of Plenty Regional anyone. hearing, including hourly rates for may involve a lease payment. neighbours etc. assess your lake structure resource Council will consider the application the decision makers and expert consent application based on the For limited notified and publicly ▪▪ Resource consent from Bay without asking for submissions advice. You should try and get approval Regional Water and Land Plan, notified resource consents, your of Plenty Regional Council. from others. To be non notified, the ▪▪ PIM/Building Consent from from these affected parties before Tarawera Catchment Plan and the application will have a formal hearing This considers effects on the effects of your structure need to be Rotorua District Council. you make your resource consent Rotorua District Plan. if any submissions are lodged and the environment, the community minor, and you will need the written application. Bay of Plenty Regional issues in the submission(s) cannot be ▪▪ Any agreements you make with and affected individuals under approvals of all affected parties. Council can help identify potentially resolved. submitters and/or affected parties. the Resource Management Act, affected people including landowners There are also ongoing costs once regional plans and the Rotorua if you are unsure where property consent is granted; for example, District Plan. boundaries are. monitoring and supervision of your ▪▪ Building consent from Rotorua consent. District Council.

Before you start the approval process Think about sharing an existing structure, or sharing your proposed new structure with others. The lake owners and consent authorities will consider this when looking at your application. Get an accurate site plan of the proposed lake structure in relation to legal boundaries. This is essential to determine land ownership boundaries, which may be different to where you think they are. You’ll most likely need a surveyor to do this accurately.

Bay of Plenty Regional Council Guide to Lake Structures How can I cut down the If your existing structure When buying or selling cost? has no authorisation a property and/or a lake ▪▪ Share an existing structure, or If you don’t have a resource consent structure join with others to share the new for your existing structure, contact Resource consents and landowner structure. Bay of Plenty Regional Council to approvals/leases are granted to discuss the situation. ▪▪ Bay of Plenty Regional Council individuals or entities, not property staff give half an hour of guidance titles. If you’re selling your property, free of charge – use it well. or just selling the lake structure, ▪▪ Hiring a registered professional Structural maintenance get a transfer form from Bay of planning consultancy to help you At this stage, you can maintain Plenty Regional Council to transfer put together the resource consent your structure within your resource a resource consent. If you’re buying application can reduce costs. consent conditions, Regional Plan a property with a lake structure, or Money spent here often saves and Rotorua District Plan permitted the lake structure itself, make sure time and money in processing, activity rules, and (if applicable) any its approval/lease and its resource further information requests, lease directives. If you want to extend consent are transferred to your name hearings etc. your structure, you may need to as part of the sale, and check that the ▪▪ Collect as much information follow the same process as for a new structure complies with its Building as you can on structural detail, structure. Some maintenance work Consent and Resource Consent. assessment of environmental needs a Building Act consent – check effects, written approvals and with Rotorua District Council (refer possible consent conditions, to your consent conditions for more before lodging the resource details). consent application. There are significant cost and time savings to be made by ensuring all the information is submitted at the start of the process. This leaflet is designed for general guidance only and should not be solely relied on for specific circumstances. For general lake structure questions or questions about resource consents, contact Bay of Plenty Regional Council on 0800 884 880.

Contact information

Bay of Plenty Regional Te Arawa Lakes Trust Rotorua District Council Land Information Council PO Box 128 1061 Haupapa Street New Zealand PO Box 364 Rotorua 3040 Private Bag 3029 PO Box 5501 Whakatāne 3158 Phone: 07 346 1761 Rotorua 3046 Wellington 6145 Phone: 0800 884 880 Fax: 07 347 7349 Phone: 07 350 0209 Phone: 0800 665 463

Email: [email protected] www.tearawa.iwi.nz Email: [email protected] www.linz.govt.nz GDS13-3038