Rules that are notified as having immediate legal effect in the Proposed Kaipara District Plan.

1. Background

The notified Proposed District Plan, as contained in the volume distributed to those who have asked for the hard copy version, contains no proper reference to the list of rules that have immediate legal effect. And does not record any resolution as required by the Act. Also they have not been on the web site.

Hence the Centre has spent a day finding the rules in the plan, (using the disc) and then pasting the rules and the assessment criteria into one complete document.

When a permitted activity fails a rule and steps down to discretionary or restricted discretionary activity then the assessment criteria become part of the original rule.

However, the assessment criteria make frequent references to the new Engineering Standards.

The Centre asked for a copy of the Standards and now has a disc.
Note that neither the list of Rules taking immediate legal effect, the Engineering Standards, nor the Section 32 analysis was on the disc.

Also Chapter 10 was not on the disc because it had not been completed in time for the notification date.
Also, in a letter dated 6 November, offering to send a disc containing the engineering standards to anyone who wanted them the CEO said of these standards “they are to be incorporated by reference into the proposed District Plan, and are being used from now on by Council’s engineering advisors.

In other words these standards are immediately trumping the standards (esp. roading) included in the Operative District Plan.

An application I filed before the plan was notified is being subjected to these rules and standards.
We are only now, 9th November, becoming able to examine all the documents of this notified District Plan and yet submissions close on the 15th December. These are massive documents.

Quite apart from the Plan itself, the list or rules taking immediate effect is 35 pages long while the Engineering Standards, which also take immediate effect is 160 pages long.
As of 9th November, the links to the District Plan website are not working either.

2. Council claims the Following Rules take effect (i.e. As they insist, become Operative) from the Date of Notification (21 October 2009)

Rule 10.11.2 to Rule 10.11.11: Rule 10.12.1: Rule 10.12.2 10; Network Utilities.

We cannot identify all these rules that have immediate legal effect because the disc and the web page advise that Chapter 10 is not included in the notified plan because it had not been completed at the time of notification.
The disc index explains:
All Zones: Network Utilities
As a result of the Resource Management Amendment Act 2009 this chapter was still being updated to reflect the changes to the Act at the time of creation of this disc. A copy of the chapter is available on the website www.KaiparaDistrictPlan.co.nz
However, as of 9th November, 2009 the chapter was not on the website, but the website is not working for Mac users and just keeps looping to the introduction.
Hence we have been unable to copy out these rules which have immediate effect.
All we know is that there are eleven of them and they will presumably have their associated assessment criteria and engineering standards.
One landowner lives next to a railway and leases railway land and needs to know what rules apply to these properties but cannot know.

Rule 12.10.1 – Excavation and Fill

(1) Rural Zone.
Excavation and fill is a Permitted Activity if:
a) The site is not within any area known to be subject to instability or flood hazard; and
b) The volume is less than 2,000m3 in any hectare in any 12 month period and is not within 6m of a bank of any water body; and
c) All bare earth areas, including excavation and fill batter faces, are revegetated within 6 months of the earthworks being completed; and
d) All re-vegetated areas are maintained and managed so as to achieve 80% ground cover within 24 months of the earthworks being completed.
In addition to the above Performance Standards:
(2) East Coast & West Coast and Harbours (Mangawhai & Kaipara) Overlays
a) Any excavation and fill is of a volume less than 1,000m3 in any 12 month period and is not within 6m of a bank of any water body; and
b) Any excavation or fill is less than 2m in depth or height over a distance less than 50m.
(3) Kai Iwi Lakes and Waterways Overlays
a) Any excavation and fill is of a volume less than 150m3 in any 12 month period and is not within 6m of a bank of any water body; and
b) Any excavation or fill is less than 2m in depth or height over a distance less than 50m.
Note 1: Excavation may require resource consent from the Northland Regional Council. The Regional Water and Soil Plan for Northland contains minimum standards for erosion and sediment control resulting from excavation. Applicants should contact the Northland Regional Council to confirm whether or not a resource consent is required.
Note 2: Where parallel resource consent for excavation and fill is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, e.g. via delegated authority from the Northland Regional Council.

Assessment Criteria: Restricted Discretionary Activity
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Whether building consent has been issued and has already assessed the proposed earthworks;
ii) Whether resource consent from the Northland Regional Council has been granted and has already assessed the proposed earthworks;
iii) Compliance with relevant Regional Council guidelines, publications or plans;
iv) Machinery to be used and hours of operation;
v) Effects on the locality, particularly the character and amenity values of adjoining sites/landuses;
vi) Effects on landforms;
vii) Effects on ecological values and in particular any site of significance identified by the Department of Conservation;
viii) Effects of excavation related traffic on the safety and efficiency of the road network and on the amenity of dwellings on adjoining land.
ix) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
x) Effects on water bodies, including wetlands. In particular, whether and the extent to which the following are avoided:
i) Creation of a barrier to flood flows or reduction in the capacity of the area to contain stormwater, and
ii) Redirection of flood water onto, or increasing the impact of a flood event on, another property;
xi) Whether and the extent to which the works meet the requirements of the excavation and fill provisions of the Kaipara District Council Engineering Standards 2009
xii) Effects of dust and noise on sensitive receivers;
xiii) Ability to create or exacerbate a natural hazard
xiv) Whether the work is in a Flood Susceptibility Area identified in Part E: Appendix C, and if so:
i) Whether the work or structure is likely to have an adverse effect on downstream or upstream flooding;
ii) Ability to create or exacerbate a natural hazard;
iii) Effects on water bodies, including wetlands.
xv) Whether and the extent to which neighbouring property owners or occupiers (within 200m of the proposed activity) have been consulted and their concerns (if any) have been addressed;
xvi) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7).
In addition to the above, any application for consent to undertake excavation and fill will require an Excavation and Fill Management Plan, which is to contain the following information:
xvii) Details of the location and form of earthworks proposed on a site, including volume, area affected and height of any excavation or fill;
xviii) A plan showing relevant existing and proposed contours and location of any adjacent bush shrub land and wetland areas, water bodies and the coastal marine area;
xix) An assessment of the site’s ecological, landscape amenity and heritage values, including details on any recorded archaeological sites and registered historic places, historic areas and waahi tapu, and the need for an archaeological-historic places site survey of the area to be developed;
xx) Measures directed at mitigating any adverse effects of the activity on the ecological, heritage and landscape values of the site, adjacent watercourses and the coastal marine area;
xxi) Details of appropriate methods proposed to manage sediment runoff and prevent erosion such as silt traps and earth bunds;
xxii) A record of any consultation with any property owners or occupiers whose property is within 200m of the proposed activity; and
xxiii) Where earthworks are within a known area of instability or flood hazard the application will be required to be accompanied by an engineering assessment.
xxiv) Details of methods proposed to manage construction traffic.

Rule 13.10.1 Excavation and Fill: Residential Zone.

Excavation and fill is a Permitted Activity if:
a) The site is not within any area known to be subject to instability or flood hazard; and
b) The volume is less than 200m3 in any hectare in any 12 month period and is not within 6m of a bank of any water body; and
c) It does not involve an excavation or fill exceeding 1.5m in depth or height; and
d) Any excavation or fill on land does not have an average slope greater than 1 in 8, and extend over an area greater than 200m2, and
e) All bare earth areas, including excavation and fill batter faces, are revegetated withn 6 months of the earthworks being completed; and
f) All revegetated areas are maintained and managed so as to achieve 80% ground cover within 12 months of the earthworks being completed.

In addition to the above Performance Standards:
2) In All Overlays
a) Any excavation and fill is of a volume less than 100m3 in any 12 month period and is not within 6m of a bank of any water body.
Note 1: Excavation may require resource consent from the Northland Regional Council. The Regional Water and Soil Plan for Northland contains minimum standards for erosion and sediment control resulting from excavation. Applicants should contact the Northland Regional Council to confirm whether or not a resource consent is required.
Note 2: Where parallel resource consent for excavation and fill is required from the Northland Regional Council, Kaipara District Council will seek to under take joint processing of both applications, e.g. via delegated authority from the Northland Regional Council.


Assessment Criteria: Restricted Discretionary Activity.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Whether building consent has been issued and has already assessed the proposed earthworks;
ii) Whether resource consent from the Northland Regional Council has been granted and has already assessed the proposed earthworks;
iii) Compliance with relevant Regional Council guidelines, publications or plans;
iv) Machinery to be used and hours of operation;
v) Effects on the locality, particularly the character and amenity values of adjoining sites/landuses;
vi) Effects on landforms;
vii) Effects on ecological values and in particular any site of significance identified by the Department of Conservation;
viii) Effects of excavation related traffic on the safety and efficiency of the road network and on the amenity of dwellings on adjoining land.
ix) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
x) Effects on water bodies, including wetlands. In particular, whether and the extent to which the following are avoided:
i) Creation of a barrier to flood flows or reduction in the capacity of the area to contain stormwater, and
ii) Redirection of flood water onto, or increasing the impact of a flood event on, another property;
xi) Whether and the extent to which the works meet the requirements of the excavation and fill provisions of the Kaipara District Council Engineering Standards 2009;
xii) Effects of dust and noise on sensitive receivers;
xiii) Ability to create or exacerbate a natural hazard
xiv) Whether the work is in a Flood Susceptibility Area identified in Part E: Appendix C, and if so:
i) Whether the work or structure is likely to have an adverse effect on downstream or upstream flooding;
ii) Ability to create or exacerbate a natural hazard;
iii) Effects on water bodies, including wetlands.
xv) Whether and the extent to which neighbouring property owners or occupiers (within 200m of the proposed activity) have been consulted and their concerns (if any) have been addressed;
xvi) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7).
In addition to the above, any application for consent to undertake excavation and fill will require an Excavation and Fill Management Plan, which is to contain the following information:
xvii) Details of the location and form of earthworks proposed on a site, including volume, area affected and
height of any excavation or fill;
xviii) A plan showing relevant existing and proposed contours and location of any adjacent bush shrub land and wetland areas, water bodies and the coastal marine area;
xix) An assessment of the site’s ecological, landscape amenity and heritage values, including details on any recorded archaeological sites and registered historic places, historic areas and waahi tapu, and the need for an archaeological-historic places site survey of the area to be developed;
xx) Measures directed at mitigating any adverse effects of the activity on the ecological, heritage and landscape values of the site, adjacent watercourses and the coastal marine area;
xxi) Details of appropriate methods proposed to manage sediment runoff and prevent erosion such as silt traps and earth bunds;
xxii) A record of any consultation with any property owners or occupiers whose property is within 200m of the proposed activity; and
xxiii) Where earthworks are within a known area of instability or flood hazard the application will be required to be accompanied by an engineering assessment .
xxiv) Details of methods proposed to manage construction traffic.
Note 1: A report may be required by a suitably qualified engineer to demonstrate that the work will not have an adverse effect on downstream or upstream flooding.
Note 2: Refer to Chapter 9 – Definitions for a definition of “Site of significance identified by the Department of Conservation.”

Rule 14.10.1 Excavation and Fill Business Zone.

All Overlay Areas Only
Excavation and fill is a Permitted Activity if:
a) It is part of an approved Building Consent issued under the Building Act 2004; or
b) The site is not within any area known to be subject to instability or flood hazard; and
c) The volume is less than 300m3 in any 12 month period and is not within 6m of a bank of any water body; and
d) The excavation and fill does not involve an excavation or fill face exceeding 1.5m in depth or height; and
e) All bare earth areas including excavation and fill batter faces, are revegetated within 6 months of the earthworks being completed; and
f) Revegetated areas are maintained and managed so as to achieve 80% ground cover within 12 months of the earthworks being completed.
Note 1: Excavation may require resource consent from the Northland Regional Council. The Regional Water and Soil Plan for Northland contains minimum standards for erosion and sediment control resulting from excavation. Applicants should contact the Northland Regional Council to confirm whether or not a resource consent is required.
Note 2: Where parallel resource consent for excavation and fill is required from the Northland Regional Council, Kaipara District Council will seek to under take joint processing of both applications, e.g. via delegated authority from the Northland Regional Council.

Assessment Criteria: Restricted Discretionary Activity.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Whether building consent has been issued and has already assessed the proposed earthworks;
ii) Whether resource consent from the Northland Regional Council has been granted and has already assessed the proposed earthworks;
iii) Compliance with relevant Regional Council guidelines, publications or plans;
iv) Machinery to be used and hours of operation;
v) Effects on the locality, particularly the character and amenity values of adjoining sites/landuses;
vi) Effects on landforms;
vii) Effects on ecological values and in particular any site of significance identified by the Department of Conservation;
viii) Effects of excavation related traffic on the safety and efficiency of the road network and on the amenity of dwellings on adjoining land;
ix) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
x) Effects on water bodies, including wetlands. In particular, whether and the extent to which the following are avoided:
i) Creation of a barrier to flood flows or reduction in the capacity of the area to contain stormwater, and
ii) Redirection of flood water onto, or increasing the impact of a flood event on, another property;
xi) Whether and the extent to which the works meet the requirements of the excavation and fill provisions of the Kaipara District Council Engineering Standards 2009;
xii) Effects of dust and noise on sensitive receivers;
xiii) Ability to create or exacerbate a natural hazard;
xiv) Whether the work is in a Flood Susceptibility Area identified in Part E: Appendix C, and if so:
i) Whether the work or structure is likely to have an adverse effect on downstream or upstream flooding;
ii) Ability to create or exacerbate a natural hazard;
iii) Effects on water bodies, including wetlands.
xv) Whether and the extent to which neighbouring property owners or occupiers (within 200m of the proposed activity) have been consulted and their concerns (if any) have been addressed;
xvi) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7).
In addition to the above, any application for consent to undertake excavation and fill will require an Excavation and Fill Management Plan, which is to contain the following information:
xvii) Details of the location and form of earthworks proposed on a site, including volume, area affected and height of any excavation or fill;
xviii) A plan showing relevant existing and proposed contours and location of any adjacent bush shrub land and wetland areas, water bodies and the coastal marine area;
xix) An assessment of the site’s ecological, landscape amenity and heritage values, including details on any recorded archaeological sites and registered historic places, historic areas and waahi tapu, and the need for an archaeological-historic places site survey of the area to be developed;
xx) Measures directed at mitigating any adverse effects of the activity on the ecological, heritage and landscape values of the site, adjacent watercourses and the coastal marine area;
xxi) Details of appropriate methods proposed to manage sediment runoff and prevent erosion such as silt traps and earth bunds;
xxii) A record of any consultation with any property owners or occupiers whose property is within 200m of the proposed activity;
xxiii) Where earthworks are within a known area of instability or flood hazard the application will be required to be accompanied by an engineering assessment; and traffic.
xxiv) Details of methods proposed to manage construction
Note 1: A report may be required by a suitably qualified engineer to demonstrate that the work will not have an adverse effect on downstream or upstream flooding.
Note 2: Refer to Chapter 9 – Definitions for a definition of “Site of significance identified by the Department of Conservation” and Appendix 24g for assessment of ecological significance.

Rule 15A.10.1 Excavation and Fill; Maori Land Zone.

1) Excavation and fill is a Permitted Activity if:
a) The site is not within any area known to be subject to instability or flood hazard; and
b) The volume is less than 2,000m3 in any hectare in any 12 month period and is not within 6m of a bank of any water body; and
c) All bare earth areas, including excavation and fill batter faces, are revegetated within 6 months of the earthworks being completed; and
d) All revegetated areas are maintained and managed so as to achieve 80% ground cover within 24 months of the earthworks being completed.

In addition to the above Performance Standards:
(2) East Coast & West Coast and Harbours (Mangawhai & Kaipara) Overlays
a) Any excavation and fill is of a volume less than 1,000m3 in any 12 month period and is not within 6m of a bank of any water body; and
b) Any excavation or fill is less than 2m in depth or height over a distance less than 50m.
(3) Kai Iwi Lakes and Waterways Overlays
a) Any excavation and fill is of a volume less than 150m3 in any 12 month period and is not within 6m of a bank of any water body; and
b) Any excavation or fill is less than 2m in depth or height over a distance less than 50m.
Note 1: Excavation may require resource consent from the Northland Regional Council. The Regional Water and Soil Plan for Northland contains minimum standards for erosion and sediment control resulting from excavation. Applicants should contact the Northland Regional Council to confirm whether or not a resource consent is required.
Note 2: Where parallel resource consent for excavation and fill is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, e.g. via delegated authority from the Northland Regional Council.

Rule 15B.10.1, Excavation and Fill; Treaty Settlement Land.

(1) Treaty Settlement Land Zone Excavation and fill is a Permitted Activity if:
a) The site is not within any area known to be subject to instability or flood hazard; and
b) The volume is less than 2,000m3 in any hectare in any 12 month period and is not within 6m of a bank of any water body; and
c) All bare earth areas, including excavation and fill batter faces, are revegetated within 6 months of the earthworks being completed; and
d) All revegetated areas are maintained and managed so as to achieve 80% ground cover within 24 months of the earthworks being completed.
In addition to the above Performance Standards:
(2) East Coast & West Coast and Harbours (Mangawhai & Kaipara) Overlays
a) Any excavation and fill is of a volume less than 1,000m3 in any 12 month period and is not within 6m of a bank of any water body; and
b) Any excavation or fill is less than 2m in depth or height over a distance less than 50m.
(3) Kai Iwi Lakes and Waterways Overlays
a) Any excavation and fill is of a volume less than 150m3 in any 12 month period and is not within 6m of a bank of any water body; and
b) Any excavation or fill is less than 2m in depth or height over a distance less than 50m.
Note 1: Excavation may require resource consent from the Northland Regional Council. The Regional Water and Soil Plan for Northland contains minimum standards for erosion and sediment control resulting from excavation. Applicants should contact the Northland Regional Council to confirm whether or not a resource consent is required.
Note 2: Where parallel resource consent for excavation and fill is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, e.g. via delegated authority from the Northland Regional Council.

Assessment Criteria: Excavation and Fill.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Whether building consent has been issued and has already assessed the proposed earthworks;
ii) Whether resource consent from the Northland Regional Council has been granted and has already assessed the proposed earthworks;
iii) Compliance with relevant Regional Council guidelines, publications or plans;
iv) Machinery to be used and hours of operation;
v) Effects on the locality, particularly the character and amenity values of adjoining sites/landuses;
vi) Effects on landforms;
vii) Effects on ecological values and in particular any site of significance identified by the Department of Conservation;
viii) Effects of excavation related traffic on the safety and efficiency of the road network and on the amenity of dwellings on adjoining land.
ix) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
x) Effects on water bodies, including wetlands. In particular, whether and the extent to which the following are avoided:
i) Creation of a barrier to flood flows or reduction in the capacity of the area to contain stormwater, and
ii) Redirection of flood water onto, or increasing the impact of a flood event on, another property;
xi) Whether and the extent to which the works meet the requirements of the excavation and fill provisions of the Kaipara District Council Engineering Standards 2009;
xii) Effects of dust and noise on sensitive receivers;
xiii) Ability to create or exacerbate a natural hazard
xiv) Whether the work is in a Flood Susceptibility Area identified in Part E: Appendix C, and if so:
i) Whether the work or structure is likely to have an adverse effect on downstream or upstream flooding;
ii) Ability to create or exacerbate a natural hazard;
iii) Effects on water bodies, including wetlands.
xv) Whether and the extent to which neighbouring property owners or occupiers (within 200m of the proposed activity) have been consulted and their concerns (if any) have been addressed;
xvi) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7).
In addition to the above, any application for consent to undertake excavation and fill will require an Excavation and Fill Management Plan, which is to contain the following information:
i) Details of the location and form of earthworks proposed on a site, including volume, area affected and height of any excavation or fill;
ii) A plan showing relevant existing and proposed contours and location of any adjacent bush shrub land and wetland areas, water bodies and the coastal marine area;
iii) An assessment of the site’s ecological, landscape amenity and heritage values, including details on any recorded archaeological sites and registered historic places, historic areas and waahi tapu, and the need for an archaeological-historic places site survey of the area to be developed;
iv) Measures directed at mitigating any adverse effects of the activity on the ecological, heritage and landscape values of the site, adjacent watercourses and the coastal marine area;
v) Details of appropriate methods proposed to manage sediment runoff and prevent erosion such as silt traps and earth bunds;
vi) A record of any consultation with any property owners or occupiers whose property is within 200m of the proposed activity; and
vii) Where earthworks are within a known area of instability or flood hazard the application will be required to be accompanied by an engineering assessment.
viii) Details of methods proposed to manage construction traffic.
Note 1: A report may be required by a suitably qualified engineer to demonstrate that the work will not have an adverse effect on downstream or upstream flooding.
Note 2: Refer to Chapter 9 – Definitions for a definition of “Site of significance identified by the Department of Conservation.

Rule 12.10.2 Vegetation Clearance; Rural Zone.

(1) Rural Zone
The destruction or clearance of indigenous vegetation outside an overlay area is a Permitted Activity provided that :
a) It is not located within an indigenous wetland; and
b) It is not part of a continuous area of predominantly indigenous vegetation greater than 6m in height and over 1 hectare in area:
Unless, with respect to a) or b) above, one or more of the following conditions is met:
i) The removal is in accordance with an existing use right; or
ii) The total clearance within a site is no more than 500m2 where the clearance is for the express purpose of providing a house site and / or access to a house site, or is to provide access to existing farming or forestry activities; or
iii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or
iv) The removal is for the formation and maintenance of walking tracks less than 1.2 metres wide using manual methods that do not require the removal of any indigenous tree over 300mm girth; or
v) The removal is necessary for maintenance of any building, structure, road or track including any telecommunication work or utility service; or
vi) The removal is for the construction of a fire break by a fire authority; or
vii) It is necessary for the purposes of fencing and excluding livestock from an area which is to be protected permanently for ecological and / or soil conservation purposes; or
viii) The vegetation or tree comprises the understorey directly beneath exotic or native plantation forest and the activity is carried out as part of forestry operations; or
ix) It is carried out in accordance with the terms of a Queen Elizabeth II National Trust or other covenant or a sustainable management permit or plan under the Forests Amendment Act.
(2) East Coast & West Coast and Harbours (Mangawhai & Kaipara) Overlays
The destruction or clearance of indigenous vegetation within the East Coast & West Coast and Harbours Overlay areas is a Permitted Activity, provided that:
a) It is not located within an indigenous wetland; and
b) It is not part of a continuous area of predominantly indigenous vegetation greater than 6m in height and greater than 1,000m2 in area and is not located within 100m of the coastal marine area;
Unless, with respect to a) or b) above, one or more of the following conditions is met:
i) The removal is in accordance with an existing use right; or
ii) The total clearance within a site is no more than 500m2 where the clearance is for the express purpose of providing a house site and / or access to a house site, or is to provide access to existing farming or forestry activities; or
iii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or
iv) The removal is for the formation and maintenance of walking tracks less than 1.2 metres wide using manual methods that do not require the removal of any indigenous tree over 300mm girth; or
v) The removal is necessary for maintenance of any building, structure, road or track including any telecommunication work or utility service; or
vi) The removal is for the construction of a fire break by a fire authority; or
vii) It is necessary for the purposes of fencing and excluding livestock from an area which is to be protected permanently for ecological and / or soil conservation purposes; or
viii) The vegetation or tree comprises the understorey directly beneath exotic or native plantation forest and the activity is carried out as part of forestry operations; or
ix) It is carried out in accordance with the terms of a Queen Elizabeth II National Trust or other covenant or a sustainable management permit or plan under the Forests Amendment Act.
(3) Waterways and Kai iwi Lakes Overlay Areas
The destruction or clearance of indigenous vegetation within the Waterways and Kai iwi Lakes Overlay Areas is a Permitted Activity, provided that:
a) It is not located within an indigenous wetland; and
b) It is not part of a continuous area of predominantly indigenous vegetation greater than 3m in height and greater than 500m2 in area and is not located within 100m of the coastal marine area;
Unless, with respect to a) or b) above one of the following exceptions are met:
i) The removal is in accordance with an existing use right; or
ii) The total clearance within a site is no more than 500m2 where the clearance is for the express purpose of providing a house site and / or access to a house site, or is to provide access to existing farming or forestry activities; or
iii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or
iv) The removal is for the formation and maintenance of walking tracks less than 1.2 metres wide using manual methods that do not require the removal of any indigenous tree over 300mm girth; or
v) The removal is necessary for maintenance of any building, structure, road or track including any telecommunication work or utility service; or
vi) The removal is for the construction of a fire break by a fire authority; or
vii) It is necessary for the purposes of fencing and excluding livestock from an area which is to be protected permanently for ecological and / or soil conservation purposes; or
viii) The vegetation or tree comprises the understorey directly beneath exotic or native plantation forest and the activity is carried out as part of forestry operations; or
ix) It is carried out in accordance with the terms of a Queen Elizabeth II National Trust or other covenant or a sustainable management permit or plan under the Forests Amendment Act.
Note 1: The Regional Water and Soil Plan for Northland contains minimum standards for erosion and sediment control resulting from land disturbance. Vegetation clearance activities may require a resource consent from the Northland Regional Council under those provisions. Applicants should contact the Northland Regional Council to confirm whether or not a consent is required.
Note 2: Where parallel resource consent for vegetation removal is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, e.g. via delegated authority from the Northland Regional Council.
Assessment Criteria: Restricted Discretionary Activity
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Extent of vegetation clearance proposed relative to total vegetated area;
ii) Whether any affected area of indigenous vegetation is naturally occurring or has been artificially created;
iii) Effects on the locality, particularly the rural character and amenity values and those values associated with overlay areas;
iv) Effects on ecological values and in particular any Site of significance identified by the Department of Conservation;
v) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
vi) Effects on water bodies, including wetlands and particularly sensitive receiving environments of the harbours and lakes;
vii) The ecological significance of the indigenous vegetation or individual indigenous tree and associated presence of rare or endangered flora and fauna including kiwi as shown in Appendix F to the District Plan Maps ;
viii) The extent to which the activity may adversely affect cultural and spiritual values;
ix) The form and ecological value of remaining vegetation, including edge effects, retention of corridors and relationship to the natural landform;
x) The extent to which any proposed measures will result in the protection and enhancement of the ecological values of the area;
xi) The extent to which vegetation clearance may exacerbate a natural hazard;
xii) The relevant provisions of the Kaipara District Council Open Space Strategy; and
xiii) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7).
xiv) Whether resource consent from the Northland Regional Council has been granted and has already assessed the proposed vegetation clearance;
xv) Compliance with relevant Regional Council guidelines, publications or plans.
In addition, Council will have regard to the following matters when considering an application for resource consent in the Waterways Overlay:
xvi) The extent to which the vegetation contributes to the values of the Waterways Overlay, as defined in the Conservation Policy Area of the Mangawhai Structure Plan.
Note 1: Refer to Chapter 9 – Definitions for a definition of “Site of significance identified by the Department of Conservation”.

Rule 13.10.2 Vegetation Clearance: Residential Zone.

1) Residential Zone.
The destruction or clearance of indigenous vegetation outside an overlay area is a Permitted Activity provided that :
a) It is not located within an indigenous wetland; and
b) It is not part of a continuous area of predominantly indigenous vegetation greater than 6m in height and greater than 200m2 in area:
Unless, with respect to a) or b) above, one or more of the following conditions is met:
i) The removal is in accordance with an existing use right; or
ii) The total clearance within a site is no more than 200m2 where the clearance is for the express purpose of providing a house site and / or access to a house site, or is to provide access to existing farming or forestry activities; or
iii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or
iv) The removal is for the formation and maintenance of walking tracks less than 1.2 metres wide using manual methods that do not require the removal of any indigenous tree over 300mm girth; or
v) The removal is necessary for maintenance of any building, structure, road or track including any telecommunication work or utility service; or
vi) The removal is for the construction of a fire break by a fire authority; or
vii) It is necessary for the purposes of fencing and excluding livestock from an area which is to be protected permanently for ecological and / or soil conservation purposes; or
viii) The vegetation or tree comprises the understory directly beneath exotic or native plantation forest and the activity is carried out as part of forestry operations; or
ix) It is carried out in accordance with the terms of a Queen Elizabeth II National Trust or other covenant or a sustainable management permit or plan under the Forests Amendment Act.

2) East Coast & West Coast and Harbours (Mangawhai & Kaipara) Overlays.
The destruction or clearance of indigenous vegetation within the East Coast and West Coast and Harbours Overlay areas is a Permitted Activity, provided that:
a) It is not located within an indigenous wetland; and
b) It is not part of a continuous area of predominantly indigenous vegetation greater than 6m in height and greater than 100m2 in area and is not located within 100m of the coastal marine area;
Unless, with respect to a) or b) above, one or more of the following conditions is met:
i) The removal is in accordance with an existing use right; or
ii) The total clearance within a site is no more than 200m2 where the clearance is for the express purpose of providing a house site and / or access to a house site, or is to provide access to existing farming or forestry activities; or
iii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or
iv) The removal is for the formation and maintenance of walking tracks less than 1.2 metres wide using manual methods that do not require the removal of any indigenous tree over 300mm girth; or
v) The removal is necessary for maintenance of any building, structure, road or track including any telecommunication work or utility service; or
vi) The removal is for the construction of a fire break by a fire authority; or
vii) It is necessary for the purposes of fencing and excluding livestock from an area which is to be protected permanently for ecological and / or soil conservation purposes; or
viii) The vegetation or tree comprises the understory directly beneath exotic or native plantation forest and the activity is carried out as part of forestry operations; or
ix) It is carried out in accordance with the terms of a Queen Elizabeth II National Trust or other covenant or a sustainable management permit or plan under the Forests Amendment Act.

3) Waterways and Kai iwi Lakes Overlays
The destruction or clearance of indigenous vegetation within the Waterways and Kai iwi Lakes Overlay Areas is a Permitted Activity, provided that:
a) It is not located within an indigenous wetland; and
b) It is not part of a continuous area of predominantly indigenous vegetation greater than 3m in height and greater than 50m2 in area and is not located within 100m of the coastal marine area;
Unless, with respect to a) or b) above one of the following exceptions are met:
i) The removal is in accordance with an existing use right; or
ii) The total clearance within a site is no more than 200m2 where the clearance is for the express purpose of providing a house site and / or access to a house site, or is to provide access to existing farming or forestry activities; or
iii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or
iv) The removal is for the formation and maintenance of walking tracks less than 1.2 metres wide using manual methods that do not require the removal of any indigenous tree over 300mm girth; or
v) The removal is necessary for maintenance of any building, structure, road or track including any telecommunication work or utility service; or
vi) The removal is for the construction of a fire break by a fire authority; or
vii) It is necessary for the purposes of fencing and excluding livestock from an area which is to be protected permanently for ecological and / or soil conservation purposes; or
viii) The vegetation or tree comprises the understory directly beneath exotic or native plantation forest and the activity is carried out as part of forestry operations; or
ix) It is carried out in accordance with the terms of a Queen Elizabeth II National Trust or other covenant or a sustainable management permit or plan under the Forests Amendment Act.
Note 1: The Regional Water and Soil Plan for Northland contains minimum standards for erosion and sediment control resulting from land disturbance. Vegetation clearance activities may require a resource consent from the Northland Regional Council under those provisions.
Applicants should contact the Northland Regional Council to confirm whether or not a consent is required.
Note 2: Where parallel resource consent for vegetation removal is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications.
Restricted Discretionary Activity; Assessment Criteria
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Extent of vegetation clearance proposed relative to total vegetated area;
ii) Whether any affected area of indigenous vegetation is naturally occurring or has been artificially created;
iii) Effects on the locality, particularly the rural character and amenity values and those values associated with overlay areas;
iv) Effects on ecological values and in particular any site of significance identified by the Department of Conservation;
v) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
vi) Effects on water bodies, including wetlands and particularly sensitive receiving environments of the harbours and lakes;
vii) The ecological significance of the indigenous vegetation or individual indigenous tree and associated presence of rare or endangered flora and fauna including kiwi as shown in Appendix F to the District Plan Maps ;
viii) The extent to which the activity may adversely affect cultural and spiritual values;
ix) The form and ecological value of remaining vegetation, including edge effects, retention of corridors and relationship to the natural landform;
x) The extent to which any proposed measures will result in the protection and enhancement of the ecological values of the area;
xi) The extent to which vegetation clearance may exacerbate a natural hazard;
xii) The relevant provisions of the Kaipara District Council Open Space Strategy; and
xiii) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7).
xiv) Whether resource consent form the Northland Regional Council has been granted and has already assessed the proposed vegetation clearance.
xv) Compliance with relevant Regional Council guidelines, publications or plans.
In addition, Council will have regard to the following matters when considering an application for resource consent in the Waterways Overlay:
xvi) The extent to which the vegetation contributes to the values of the Waterways Overlay, as defined in the Conservation Policy Area of the Mangawhai Structure Plan.
Note 1: Refer to Chapter 9 – Definitions, for a definition of “Site of significance identified by the Department of Conservation”.

Rule 14.10.2 Vegetation Clearance; Business Zone.

(1) All Overlay Areas (excluding Kai Iwi Lakes and Waterways)
The destruction or clearance of indigenous vegetation within All Overlay Areas (excluding Kai Iwi Lakes and Waterways) areas is a Permitted Activity provided that:
a) It is not located within an indigenous wetland;and
b) It is not part of a continuous area of predominantly indigenous vegetation grater than 6m in height and 200m2 in area and is not located within 100m of the Coastal Marine Area.
Unless, with respect to a) or b) above, one of the following conditions is met:
i) The removal is in accordance with an existing use right; or
ii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or
iii) The removal is for the construction of a fire break by a fire authority; or
iv) The removal is necessary for maintenance of any existing building, structure, road or track including any telecommunication work or utility service.
(2) Kai Iwi Lakes and Waterways Overlay Areas
The destruction or clearance of indigenous vegetation within the Kai Iwi Lakes and Waterways Overlay Areas is a Permitted Activity provided that:
a) It is not located within an indigenous wetland; and
b) It is not part of a continuous area of predominantly indigenous vegetation greater than 3m in height and 50m2 in area, and is not located within 100m of the Coastal Marine Area;
Unless, with respect to a) or b) above, one of the following conditions is met:
i) The removal is in accordance with an existing use right; or
ii) The removal is of trees that are a danger to human life or existing structures (including network utilities); or
iii) The removal is for the construction of a fire break by a fire authority; or
iv) The removal is necessary for maintenance of any existing building, structure, road or track including any telecommunication work or utility service.
Note 1: The Northland Regional Councils Regional Water and Soil Plan for Northland contain minimum standards for erosion and sediment control resulting from land disturbance. Vegetation clearance activities may require a resource consent from the Northland Regional Council under those provisions.
Restricted Discretionary Activity; Assessment Criteria
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Extent of vegetation clearance proposed relative to total vegetated area;
ii) Effects on the locality, particularly the character and amenity values of adjoining sites / land uses, and those values associated with Overlay areas;
iii) Effects on ecological values, in particular any site of ecological interest identified by the Department of Conservation;
iv) Effects on landscape and heritage values, in particular any site identified in the District Plan, or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
v) Effects on water bodies, including wetlands, and particularly sensitive receiving environments of the harbours and lakes;
vi) The ecological significance of the indigenous vegetation or individual indigenous tree and associated presence of rare or endangered flora and fauna including kiwi as shown in Appendix F to the District Plan Maps ;
vii) The extent to which the activity may adversely affect cultural and spiritual values;
viii) The form and ecological value of remaining vegetation, including edge effects, retention of corridors and relationship to the natural landform;
ix) The extent to which any proposed measures will result in the protection and enhancement of the ecological values of the area or establishment of new plantings / ecological areas; and
x) The relevant provisions of the Kaipara District Council Open Space Strategy; and
xi) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7).
In addition, Council will have regard to the following matters when considering an application for resource consent in the Waterways Overlay:
xii) The extent to which the vegetation contributes to the values of the Waterways Overlay, as defined in Chapter 4 and the Conservation Policy Area of the Mangawhai Structure Plan.

Rule 15A.10.2 Vegetation Clearance, Maori Purposes Zone.

See Above.

Rule 15B.10.2 Vegetation Clearance; Maori Purposes, Treaty Settlement Land.

See Above.

Rule 12.10.7.2. Setbacks, Rural Zone.

(2) In addition to the setbacks above, in the Waterways and Kai Iwi Lakes Overlay:
Any building is a Permitted Activity if it is located outside the following setback distances (yards):
a) Waterway – 30m from the banks of any mapped waterway or wetland within this Overlay.
Note1: The Regional Water and Soil Plan for Northland also requires setbacks from waterways and the coast for excavation activities. Applicants should contact the Northland Regional Council to confirm whether or not resource consent is required.
Note 2: The 300m radius referred to in relation to State Highways shall be measured from the position where the centre line of the road joins the State Highway
Note 3: Any changes in land use on sites that have access onto Limited Access Road’s require approval from the NZ Transport Agency under the Government Roading Powers Act 1989.
Assessment Criteria: Restricted Discretionary Activity
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The outlook and privacy of adjacent and adjoining neighbours;
ii) Extent of visual intrusion and dominance of any buildings from beyond the site, particularly from the road and public places including the Coastal Marine Area and the effect on skylines and ridgelines;
iii) Whether proposed landscaping is in accordance with any relevant Council adopted Design Guidelines;
iv) Whether the proposed landscaping is in accordance with the design principles of the Mangawhai Structure Plan (pages 46 - 49) for Policy Area Three;
v) Effects on the locality, particularly the rural character and amenity values and those values associated with overlay areas;
vi) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
vii) Effects on ecological values and in particular any Site of significance identified by the Department of Conservation;
viii) Effects on public access;
ix) Effects on natural hazards, including the design and construction of hazard protection works on land adjacent to the Coastal Marine Area, rivers and lakes;
x) The design and construction of hazard protection works on land adjacent to the Coastal Marine Area, rivers and lakes;
xi) Protection of the conservation, ecological, recreation, access and hazard mitigation values of Esplanade Reserves or Strips;
xii) Where buildings are located in close proximity to State Highways or Rail (level crossings) whether and the extent to which the placement of the building affects traffic and rail safety;
xiii) Where buildings are located in close proximity to State Highways or Rail (level crossings) whether and the extent to which consultation has been undertaken with the NZ Transport Agency and ONTRACK respectively and written approval obtained; and
xiv) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7)
Note 1: Refer to chapter 9 – Definitions for the definition of “Sites of significance identified by the Department of Conservation.

Rule 13.10.7(2) Setbacks, Residential Zone.

See above.

Rule 14.10.7 Setbacks, Business Zone.

Any building is a Permitted Activity if the building is located outside of the following setback distances (yards):
a) Side and Rear yards - 5m where the site adjoins a reserve or Residential Zoned site;
b) Coast / Lake / River yards - 30m from the Coastal Marine Area, or the banks of any lake whose bed has an area of 8ha or more, or the bank of any river or perennial stream whose bed has an average width of 3m or more.
AND
Industrial Zone Only
Any building is a Permitted Activity if the building is located outside of the following setback distances (yards):
(a) Front yards - 10m;
Except that in the Overlay areas the following additional setbacks are required:
AND
Waterways Overlay
Any building is a Permitted Activity if the building is located outside of the following setback distances (yards):
(a) Waterway – 30m from the bank of any mapped perennial waterway or wetland within
this Overlay.
Note 1: The setbacks applying in the Overlays are additional to the general setbacks of the Business zones.
Note 2: The Regional Water and Soil Plan for Northland also requires setbacks from waterways and the coast for excavation activities. Applicants should contact the Northland Regional Council to confirm whether or not resource consent is required.
Note 3: Any changes in land use on sites that have access onto Limited Access Road’s require approval from the NZ Transport Agency under the Government Roading Powers Act 1989.
Restricted Discretionary Activity – Assessment Criteria.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Extent to which landscaping prevents visual intrusion and dominance of any buildings from beyond the site, particularly from the road and public places including reserves and the coastal marine area, residential zoned sites;
ii) Effects on public access;
iii) Effects on natural hazards;
iv) The design and construction of hazard protection works on land adjacent to the Coastal Marine Area, rivers and lakes; and
v) Protection of the conservation, ecological, recreation, access and hazard mitigation values of Esplanade Reserves or Strips. In addition, Council will have regard to the following matters when considering an application for resource consent under this Rule in Waterway Overlay areas:
vi) The management of stormwater run-off and discharges from any storage areas to reduce potential direct discharges to waterways, lakes and the coastal marine area;
vii) Whether the proposed landscaping is in accordance with design principles of the Mangawhai Structure
Plan (pages 60-61) for Policy Area Five; and
viii) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7).

Rule 15.10.8 Setbacks; Maori Purposes Zone.

(1) Maori Land Zone
Any building is a Permitted Activity if it is located outside the following setback distances (yards):
a) Front yard - 10m, except where the building is for industrial purposes, where the set back shall be 20m; and
b) Side and Rear yards - 10m; and
c) Coast - 30m from the Coastal Marine Area; and
d) Lake / River - 30m from the banks of any lake whose bed has an area of 8ha or more, or the bank of any river or perennial stream whose bed has an average width of 3m or more; and
e) Any building is set back 20m from a railway line where there is an intersection of road and rail (level crossing) within 300m. and
f) Any building is set back 300m from the intersection of the State Highway and any local road (measured from the centreline of the local road).
(2) In addition to the setbacks above, in the Waterways and Kai Iwi Lakes Overlay:
Any building is a Permitted Activity if it is located outside the following setback distances (yards):
a) Waterway – 30m from the banks of any mapped waterway or wetland within this Overlay.
Note 1: The Regional Water and Soil Plan for Northland also requires setbacks from waterways and the coast for excavation activities. Applicants should contact the Northland Regional Council to confirm whether or not resource consent is required.
Note 2: The 300m radius referred to in relation to State Highways shall be measured from the position where the centreline of the road joins the State Highway
Note 3: Any changes in land use on sites that have access onto Limited Access Road’s require approval from the NZ Transport Agency under the Government Roading Powers Act 1989.
Restricted Discretionary Activity; Assessment Criteria.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The outlook and privacy of adjacent and adjoining neighbours in the Rural Zone;
ii) Extent of visual intrusion and dominance of any buildings from beyond the Maori Land Zone, particularly from the road and public places including the Coastal Marine Area and the effect on skylines and ridgelines;
iii) Whether proposed landscaping is in accordance with any relevant Council adopted Design Guidelines;
iv) Effects on adjoining Rural Zoned land, particularly the rural character and amenity values and those values associated with overlay areas;
v) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
vi) Effects on ecological values and in particular any Site of significance identified by Iwi or the Department of Conservation;
vii) Effects on public access;
viii) Effects on natural hazards, including the design and construction of hazard protection works on land adjacent to the Coastal Marine Area, rivers and lakes; ;
ix) The design and construction of hazard protection works on land adjacent to the Coastal Marine Area, rivers and lakes;
x) Protection of the conservation, ecological, recreation, access and hazard mitigation values of Esplanade Reserves or Strips; and
xi) Where buildings are located in close proximity to State Highways or Rail (level crossings) whether and the extent to which the placement of the building affects traffic and rail safety;
xii) Where buildings are located in close proximity to State Highways or Rail (level crossings) whether and the extent to which consultation has been undertaken with the NZ Transport Agency and ONTRACK respectively and written approval obtained; and
xiii) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7)
Note 1: Refer to chapter 9 – Definitions for the definition of “Sites of significance identified by the Department of Conservation.

Rule 15B.10.8 Setbacks, Treaty Settlement Land.

(1) Treaty Settlement Land Zone that adjoins the Rural Zone
Any building is a Permitted Activity if it is located outside the following setback distances (yards):
a) Front yard - 10m, except where the building is for industrial purposes, where the set back shall be 20m; and
b) Side and Rear yards - 10m; and
c) Coast - 30m from the Coastal Marine Area; and
d) Lake / River - 30m from the banks of any lake whose bed has an area of 8ha or more, or the bank of any river or perennial stream whose bed has an average width of 3m or more; and
e) Any building is set back 20m from a railway line where there is an intersection of road and rail (level crossing) within 300m. and
f) Any building is set back 300m from the intersection of the State Highway and any local road (measured from the centreline of the local road).
(2) Treaty Settlement Land Zone that Adjoins the Residential Zone
Any building is a Permitted Activity if it is located outside the following setback distances (yards):
a) Front yard - 5m; and
b) Side yards – one of 1.5m and one of 3m; and
c) Rear yards - 3m except on rear sites where one yard of 1.5m may be provided; and
d) Coast - 30m from the Coastal Marine Area; and
e) Lake / River - 30m from the banks of any lake whose bed has an area of 8ha or more, or the bank of any river or perennial stream whose bed has an average width of 3m or
more; and
f) Any building is set back 20m from a railway line where there is an intersection of road and rail (level crossing) within 300m. and
In addition to the setbacks above:
(3) Waterways and Kai Iwi Lakes Overlays:
Any building is a Permitted Activity if it is located outside the following setback distances (yards):
a) Waterway – 30m from the banks of any mapped waterway or wetland within this Overlay.
Note 1: The Regional Water and Soil Plan for Northland also requires setbacks from waterways and the coast for excavation activities. Applicants should contact the Northland Regional Council to confirm whether or not resource consent is required.
Note 2: The 300m radius referred to in relation to State Highways shall be measured from the position where the centreline of the road joins the State Highway
Note 3: Any changes in land use on sites that have access onto Limited Access Road’s require approval from the NZ Transport Agency under the Government Roading Powers Act 1989.
Restricted Discretionary Activity; Assessment Criteria.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The outlook and privacy of adjacent and adjoining neighbours;
ii) Extent of visual intrusion and dominance of any buildings from beyond the site, particularly from the road and public places including the Coastal Marine Area and the effect on skylines and ridgelines;
iii) Whether proposed landscaping is in accordance with any relevant Council adopted Design Guidelines;
iv) Whether the proposed landscaping is in accordance with the design principles of the Mangawhai Structure Plan (pages 46 - 49) for Policy Area Three;
v) Effects on the locality, particularly the rural character and amenity values and those values associated with overlay areas;
vi) Effects on landscape and heritage values, in particular any site identified in the District Plan or an amenity landscape identified in Council’s Draft Kaipara District Plan Review Landscape Technical Report (2006);
vii) Effects on ecological values and in particular any Site of significance identified by the Department of Conservation;
viii) Effects on public access;
ix) Effects on natural hazards, including the design and construction of hazard protection works on land adjacent to the Coastal Marine Area, rivers and lakes;
x) The design and construction of hazard protection works on land adjacent to the Coastal Marine Area, rivers and lakes;
xi) Protection of the conservation, ecological, recreation, access and hazard mitigation values of Esplanade Reserves or Strips; and
xii) Where buildings are located in close proximity to State Highways or Rail (level crossings) whether and the extent to which the placement of the building affects traffic and rail safety;
xiii) Where buildings are located in close proximity to State Highways or Rail (level crossings) whether and the extent to which consultation has been undertaken with the NZTA and ONTRACK respectively and written approval obtained;
xiv) In Overlays, how the proposal contributes to the objectives and outcomes for the relevant Overlay, as set out in Chapter 4 (Sections 4.4 and 4.7)
Note 1: Refer to chapter 9 – Definitions for the definition of “Sites of significance identified by the Department of Conservation.

Rule 13.10.8; Separation Distance; Residential Zone.

Any activity is permitted if a 300m separation distance is maintained between the following activities:
a) Building or enclosure intended for housing livestock;
b) Sewerage treatment site or other site of plant or animal effluent storage or disposal;
c) Building used for an industrial or commercial activity;
d) Intensive feed lot or feed storage area;
e) Intensive farming;
f) Dairying shed;
g) Mining or quarrying; and
h) Any other activity that has existing use rights or resource consent to exceed the General Noise, Use of Explosives and Blasting standards, or a discharge consent relating to odour from the Regional Council.
Note 1: This Rule is intended to be implemented on a ‘first in, first served’ basis. In assessing activities against this Rule, primacy will be afforded to those activities already lawfully established.
Assessment Criteria: Restricted Discretionary.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Protection of residential character and amenity;
ii) The extent to which alternative locations have been considered;
iii) The likelihood of the activity causing environmental effects, especially regarding noise, odour, prevailing wind direction, dust generation and amenity values that would adversely impact on occupiers of the residential dwelling;
iv) Effects on the health and safety of the community;
v) Any relevant industry codes of practice; and
vi) Any consultation with relevant property owners or occupiers.
vii) Mechanisms to avoid potential future reverse sensitivity conflicts (including covenants on titles).

Rule 15A10.10; Separation Distance, Maori Purposes Zone.

See above.

Rule 15B10.10; Separation Distance, Treaty Settlement Land.

See above.

Rule 12.10.17 Contaminated Land; Change of use; Rural Zone

Any activity on land which an activity identified in Appendix 24E (Potentially contaminating activities) has occurred is a permitted activity if:
a) It is not:
i) A dwelling; or
ii) A school or early childhood centre; or
iii) A sports field; and
b) The site has been:
i) Remediated to a standard suitable for the proposed use; or
ii) Investigated and certified to be of a standard suitable for the proposed use; and
c) Any containment works are not damaged or destroyed.
Assessment Criteria: Discretionary Activity
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The extent and nature of any contamination of land or ground water and the potential sources of contamination.
ii) The degree to which earth moving or removal will be undertaken, including any methods to control the release of contaminants into the environment (e.g. sediment control, site covering and dust control).
iii) Whether contaminated or potentially contaminated soil or ground water will be able to be treated or disposed of.
iv) The degree to which the health and safety of the community and workers during site works will be provided for including, if necessary, the presence of public exclusion zones, site security and location of worker amenity facilities.
v) The degree to which measures will be employed to avoid remedy or mitigate any adverse effects on human health, water quality, or the receiving environment.
vi) Whether the land is suitable for its intended end use.
Note 1: Reference to the Ministry for the Environment's Contaminated Land Management Guidelines Nos 1-5 will assist applicants in achieving compliance with the criteria set out above.

Rule 13.10.19 Contaminated; Land Change of Use: Residential Zone.

See above.

Rule 14.10.19 Contaminated Land; Change of Use: Business Zone.

See above.

Rule 15A.10.17 Contaminated Land; Change of Use: Maori Purposes Land.

See above.

Rule 15B.10.17 Contaminated Land; Change of Use: Treaty Settlement Land.

See above.

12.10.18 Contaminated Land Remediation, Rural Zone.

Any activity is a Permitted Activity if:
a) Remediation of contaminated land:
i) Does not cause a greater risk to human health or the environment than if the work was not done; and
ii) Disposes of removed material in a location approved for the receipt of such material; and
iii) Is reported to the Council by the landowner at the completion of the work detailing:
- The work done and the results obtained; and
- The nature and location of remaining contaminated material on-site; and
- As-built plans and specifications of any permanent containment structure.
Assessment Criteria: Discretionary Activity
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The extent and nature of any contamination of land or ground water and the potential sources of contamination.
ii) The degree to which earth moving or removal will be undertaken, including any methods to control the release of contaminants into the environment (e.g. sediment control, site covering and dust control).
iii) Whether contaminated or potentially contaminated soil or ground water will be able to be treated or disposed of.
iv) The degree to which the health and safety of the community and workers during site works will be provided for including, if necessary, the presence of public exclusion zones, site security and location of worker amenity facilities.
v) The degree to which measures will be employed to avoid remedy or mitigate any adverse effects on human health, water quality, or the receiving environment.
vi) Whether the land is suitable for its intended end use.
vii) Whether the methodology by which the land will be remediated will avoid adverse effects on the natural environment, during and after the remediation process, giving special consideration to the nature of the downstream receiving environment including marine protected areas.
viii) The extent to which the effects of remediation are acceptable.
ix) Whether adequate measures will be taken to ensure the safe operation of the proposal on the land.
Note 1: Reference to the Ministry for the Environment's Contaminated Land Management Guidelines Nos 1-5 will assist applicants in achieving compliance with the criteria set out above.

Rule 13.10.20 Contaminated Land Remediation, Residential Zone.

See above.

Rule 14.10.20 Contaminated Land Remediation, Residential Zone.

See above.

Rule 14.10.20 Contaminated Land Remediation, Residential Zone.

See above.

Rule 15A.10.20 Contaminated Land Remediation, Maori Land.

See above.

Rule 15B.10.20 Contaminated Land Remediation, Treaty Settlement Land.

See above.

Rule 12.10.19 Hazardous Substances; Rural Zone.

Any activity is a Permitted Activity if:
a) The aggregate quantity of hazardous substances of any hazard classification managed as part of the activity is less than the quantity specified in Appendix 24D (Hazardous Substances – Permitted Quantities Table 1); or
b) The hazardous substances stored or used on the site are:
i) Trade waste in a wastewater or waste treatment facility; or
ii) Road materials within a road reserve; or
iii) Domestic storage and use of consumer products for domestic purposes; or
iv) consumer products, held for resale to the public and stored in the manufacturers’ packaging; or
v) Gas or oil pipelines and ancillary equipment; or
vi) Fuel or safety equipment in motor vehicles, aircraft, ships, boats or small engines; or
vii) Small fireworks subject to the Hazardous Substances (Fireworks) Regulations 2001, or safety ammunition, in domestic quantities; or
viii) Fire-fighting substances on emergency vehicles; or
c) The activity is a service station with a maximum storage for retail sale of any or all of:100,000 litres of petrol in underground storage tanks; 50,000 litres of diesel in underground storage tanks; 6 tonnes of LPG (single vessel storage); and
d) Storage or use of hazardous substances complies with Appendix 24D (Hazardous Substances – Permitted Conditions Table 2).
Assessment Criteria: Discretionary Activity
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The proposed site and layout, with a description of the nature and scale of the proposed facility and associated operations;
ii) Location, type and quantities of hazardous substances involved;
iii) Site drainage and off-site infrastructure (e.g. drainage type and capacity);
iv) Identification of on-site hazards, failure modes and exposure pathways from the proposed facility including a description of the environment potentially affected;
v) Transport of hazardous substances on and off the site, mode and route selection;
vi) The sensitivity of the surrounding human, natural and physical environment, and proposed measures to protect them (including wildlife habitats and water bodies);
vii) Separation distances from water bodies, coastal water, neighbouring activities and people potentially at risk from the hazardous facility, including consideration of the proximity to people-oriented activities (e.g. childcare, schools, rest homes, hospitals);
viii) Potential cumulative or synergistic effects, within the site and the locality;
ix) The presence or otherwise of natural hazards which could adversely influence the inherent risks from a hazardous facility to the environment;
x) The extent to which alternative locations and methods have been considered
xi) Hazard and risk analysis;
xii) Management of wastes containing hazardous substances;
xiii) Proposed contingency measures and emergency plans;
xiv) Proposed monitoring and maintenance schedules; and
xv) Any consultation, assessment or responses received from the New Zealand Fire Service.

Rule 13.10.21 Hazardous Substances; Residential Zone.

Any activity is a Permitted Activity if:
a) The aggregate quantity of hazardous substances of any hazard classification managed as part of the activity is less than the quantity specified in Appendix 24D (Hazardous Substances – Permitted Quantities Table 1); or
b) The hazardous substances stored or used on the site are
i) Trade waste in a wastewater or waste treatment facility; or
ii) Road materials within a road reserve; or
iii) Domestic storage and use of consumer products for domestic purposes; or
iv) Consumer products, held for resale to the public and stored in the manufacturers’ packaging; or
v) Gas or oil pipelines and ancillary equipment; or
vi) Fuel or safety equipment in motor vehicles, aircraft, ships, boats or small engines; or
vii) Small fireworks subject to the Hazardous Substances (Fireworks) Regulations 2001, or safety ammunition, in domestic quantities; or
viii) Fire-fighting substances on emergency vehicles; or
c) The activity is not a service station; and
d) Storage or use of hazardous substances complies with Appendix 24D (Hazardous Substances – Permitted Conditions Table 2).

Discretionary Activity: Assessment Criteria.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The proposed site and layout, with a description of the nature and scale of the proposed facility and associated operations;
ii) Location, type and quantities of hazardous substances involved;
iii) Site drainage and off-site infrastructure (e.g. drainage type and capacity);
iv) Identification of on-site hazards, failure modes and exposure pathways from the proposed facility including a description of the environment potentially affected;
v) Transport of hazardous substances on and off the site, mode and route selection;
vi) The sensitivity of the surrounding human, natural and physical environment, and proposed measures to protect them (including wildlife habitats and water bodies);
vii) Separation distances from water bodies, coastal water, neighbouring activities and people potentially at risk from the hazardous facility, including consideration of the proximity to people-oriented activities (e.g. childcare, schools, rest homes, hospitals);
viii) Potential cumulative or synergistic effects, within the site and the locality;
ix) The presence or otherwise of natural hazards which could adversely influence the inherent risks from a hazardous facility to the environment;
x) The extent to which alternative locations and methods have been considered
xi) Hazard and risk analysis;
xii) Management of wastes containing hazardous substances;
xiii) Proposed contingency measures and emergency plans;
xiv) Proposed monitoring and maintenance schedules; and
xv) Any consultation, assessment or responses received from the New Zealand Fire Service.

Rule 14.10.21: Hazardous Substances; Business Zone.

Any activity is a Permitted Activity if:
a) The aggregate quantity of hazardous substances of any hazard classification managed as part of the activity is less than the quantity specified in Appendix 24D (Hazardous Substances – Permitted Quantities Table 1); or
b) The hazardous substances stored or used on the site are;
i) Trade waste in a wastewater or waste treatment facility, or
ii) Road materials within a road reserve, or
iii) Domestic storage and use of consumer products for domestic purposes, or
iv) Consumer products, held for resale to the public and stored in the manufacturers’ packaging, or
v) Gas or oil pipelines and ancillary equipment, or
vi) Fuel or safety equipment in motor vehicles, aircraft, ships, boats or small engines, or
vii) Small fireworks subject to the Hazardous Substances (Fireworks) Regulations 2001, or safety ammunition, in domestic quantities, or
viii) Fire-fighting substances on emergency vehicles; or
c) The activity is a service station with a maximum storage for retail sale of any or all of 100,000 litres of petrol in underground storage tanks; 50,000 litres of diesel in underground storage tanks; 6 tonnes of LPG (single vessel storage); and
d) Storage or use of hazardous substances complies with Appendix 24D (Hazardous Substances – Permitted Conditions Table 2).
Discretionary Activity; Assessment Criteria.
Council will have regard to the following matters when considering an application for resource consent under this Rule:
i) The proposed site and layout, with a description of the nature and scale of the proposed facility and associated operations;
ii) Location, type and quantities of hazardous substances involved;
iii) Site drainage and off-site infrastructure (e.g. drainage type and capacity);
iv) Identification of on-site hazards, failure modes and exposure pathways from the proposed facility including a description of the environment potentially affected;
v) Transport of hazardous substances on and off the site, mode and route selection;
vi) The sensitivity of the surrounding human, natural and physical environment, and proposed measures to protect them (including wildlife habitats and water bodies);
vii) Separation distances from water bodies, coastal water, neighbouring activities and people potentially at risk from the hazardous facility, including consideration of the proximity to people-oriented activities (e.g. childcare, schools, rest homes, hospitals);
viii) Potential cumulative or synergistic effects, within the site and the locality;
ix) The presence or otherwise of natural hazards which could adversely influence the inherent risks from a hazardous facility to the environment;
x) The extend to which alternative locations and methods have been considered
xi) Hazard and risk analysis;
xii) Management of wastes containing hazardous substances;
xiii) Proposed contingency measures and emergency plans;
xiv) Proposed monitoring and maintenance schedules; and
xv) Any consultation, assessment or responses received from the New Zealand Fire Service.

Rule 15A10.19 Hazardous Substances; Maori Purposes Land.

See Rule 12.10.19 above.

Rule 15B10.19 Hazardous Substances; Treaty Settlement Land.

See Rule 12.10.19 above.

12.10.20 Radioactive materials; Rural Zone.

Any activity is a permitted activity if:
a) Radioactivity is below that specified as an exempt activity in the Radiation Protection Regulations 1982, or
b) Radioactive materials are confined to domestic appliances.
Controlled Activity if:
(a) radioactivity does not exceed 100 terabecquerels.
Discretionary Activity If:
(b) radioactivity exceeds 100 terabecquerels.
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The proposed site and layout, with a description of the nature and scale of the proposed facility and associated operations;
ii) Location, type and quantities of hazardous substances involved;
iii) Site drainage and off-site infrastructure (e.g. drainage type and capacity);
iv) Identification of on-site hazards, failure modes and exposure pathways from the proposed facility including a description of the environment potentially affected;
v) Transport of hazardous substances on and off the site, mode and route selection;
vi) The sensitivity of the surrounding human, natural and physical environment, and proposed measures to protect them (including wildlife habitats and water bodies);
vii) Separation distances from water bodies, coastal water, neighbouring activities and people potentially at risk from the hazardous facility, including consideration of the proximity to people-oriented activities (e.g. childcare, rest homes, hospitals);
viii) Potential cumulative or synergistic effects, within the site and the locality;
ix) Hazard and risk analysis;
x) Management of wastes containing hazardous substances;
xi) Proposed contingency measures and emergency plans;
xii) Proposed monitoring and maintenance schedules;
xiii) Any consultation, assessment or responses received from the New Zealand Fire Service;

Rule 13.10.22 Radioactive Materials; Residential Zone.

Any activity is a Permitted Activity if:
a) Radioactivity is below that specified as an exempt activity in the Radiation Protection Regulations 1982; or
b) Radioactive materials are confined to domestic appliances.
Controlled and Discretionary Activity Assessment Criteria.
Controlled Activity if:
(a) radioactivity does not exceed 100 terabecquerels.
Discretionary Activity if:
(b) radioactivity exceeds 100 terabecquerels.
Where an activity is not Permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The proposed site and layout, with a description of the nature and scale of the proposed facility and associated operations;
ii) Location, type and quantities of hazardous substances involved;
iii) Site drainage and off-site infrastructure (e.g. drainage type and capacity);
iv) Identification of on-site hazards, failure modes and exposure pathways from the proposed facility including a description of the environment potentially affected;
v) Transport of hazardous substances on and off the site, mode and route selection;
vi) The sensitivity of the surrounding human, natural and physical environment, and proposed measures to protect them (including wildlife habitats and water bodies);
vii) Separation distances from water bodies, coastal water, neighbouring activities and people potentially at risk from the hazardous facility, including consideration of the proximity to people-oriented activities (e.g. childcare, rest homes, hospitals);
viii) Potential cumulative or synergistic effects, within the site and the locality;
ix) Hazard and risk analysis;
x) Management of wastes containing hazardous substances;
xi) Proposed contingency measures and emergency plans;
xii) Proposed monitoring and maintenance schedules;
xiii) Any consultation, assessment or responses received from the New Zealand Fire Service.

Rule 14.10.22 Radioactive Materials; Business Zone.

Permitted Activity; as above.
Controlled and Discretionary Activity Assessment Criteria.
Controlled Activity if:
(a) radioactivity does not exceed 100 terabecquerels.
Discretionary Activity if:
(b) radioactivity exceeds 100 terabecquerels.
Council will have regard to the following matters when considering an application for resource consent under this Rule:
i) The proposed site and layout, with a description of the nature and scale of the proposed facility and associated operations;
ii) Location, type and quantities of hazardous substances involved;
iii) Site drainage and off-site infrastructure (e.g. drainage type and capacity);
iv) Identification of on-site hazards, failure modes and exposure pathways from the proposed facility including a description of the environment potentially affected;
v) Transport of hazardous substances on and off the site, mode and route selection;
vi) The sensitivity of the surrounding human, natural and physical environment, and proposed measures to protect them (including wildlife habitats and water bodies);
vii) vii. Separation distances from water bodies, coastal water, neighbouring activities and people potentially at risk from the hazardous facility, including consideration of the proximity to people oriented activities (e.g. childcare, rest homes, hospitals);
viii) Potential cumulative or synergistic effects, within the site and the locality;
ix) Hazard and risk analysis;
x) Management of wastes containing hazardous substances;
xi) Proposed contingency measures and emergency plans;
xii) Proposed monitoring and maintenance schedules;
xiii) Any consultation, assessment or responses received from the New Zealand Fire Service; and
xiv) Proposed methods to achieve HSNO compliance.

Rule 15A 10.20 Radioactive Materials; Maori Purposes Land.

See Rule 13.10.23 above.

Rule 15B 10.20 Radioactive Materials; Treaty Settlement Land.

See Rule 13.10.23 above.


 

Rule 12.10.21 Plant or Animal Effluent Storage/disposal; Rural Zone.

Any activity is a permitted activity if:
a) Treatment, storage and application of liquid effluent derived from plants or animals, or whey, (including disposal onto land by spray irrigation):
i) Is set back at least 300m from a habitable building, educational facility, marae or community hall; and
ii) Is operated at times and in wind conditions so as to avoid nuisance to adjoining property.
Note 1: The disposal of contaminants may require resource consent under the Regional Water and Soil Plan For Northland. Applicants should contact the Northland Regional Council todetermine whether or not a resource consent is required.
Note 2: Where parallel resource consent is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, e.g. via delegated authority from the Northland Regional Council.
Assessment Criteria: Discretionary Activity
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) The proposed site and layout, with a description of the nature and scale of the proposed facility and associated operations;
ii) The siting, design and management of waste management activities.
iii) The extent to which reduction in environmental pollution and land contamination is achieved through better management and disposal of solid waste.
iv) The ability to recover resources that will yield economic and social benefits to the community.
v) The extent to which adverse effects on amenity values are minimised.
vi) Reduction in the volume of solid waste generated.
vii) The ability to reduce consumption and the waste of resources.
viii) Site drainage and off-site infrastructure (e.g. drainage type and capacity);
ix) The sensitivity of the surrounding human, natural and physical environment, and proposed measures to protect them (including wildlife habitats and water bodies);
x) Overall separation distances from water bodies, coastal water, neighbouring activities and people, including consideration of the proximity to people-oriented activities (e.g. childcare, rest homes, hospitals);
xi) Proposed contingency measures and emergency plans; and
xii) Proposed monitoring and maintenance schedules.

Rule 13.10.23 Plant or Animal Effluent Storage/Disposal; Residential Zone.

No activity is a Permitted Activity in this Zone regarding the treatment and application of liquid effluent from plants or animals or whey (including disposal onto land by spray irrigation).
Note 1: The disposal of contaminants may require resource consent under the Regional Water and Soil Plan For Northland. Applicants should contact the Northland Regional Council todetermine whether or not a resource consent is required.
Note 2: Where parallel resource consent is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, e.g. via delegated authority from the Northland Regional Council.
Discretionary Activity; Assessment Criteria
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent under this Rule:
i) The proposed site and layout, with a description of the nature and scale of the proposed facility and associated operations;
i) The extent to which reduction in environmental pollution and land contamination is achieved through better management and disposal of solid waste.
ii) The ability to recover resources that will yield economic and social benefits to the community.
iii) Development and other activities adopt more environmentally sustainable waste practices.
iv) The extent to which adverse effects from the effluent disposal on amenity values are minimised.
v) The siting, design and management of waste management activities.
vi) Reduction in the volume of solid waste generated.
vii) The ability to reduce consumption and the waste of resources.
viii) Site drainage and off-site infrastructure (e.g. drainage type and capacity);
ix) The sensitivity of the surrounding human, natural and physical environment, and proposed measures
to protect them (including wildlife habitats and water bodies);
x) Separation distances from water bodies, coastal water, neighbouring activities and people, including consideration of the proximity to people-oriented activities (e.g. childcare, rest homes, hospitals);
xi) Proposed contingency measures and emergency plans; and proposed monitoring and maintenance schedules.

Rule 14.10.23 Plant or Animal Effluent Storage/Disposal; Business Zone.

Any activity is a permitted activity if:
a) Treatment, storage and application of liquid effluent derived from plants or animals, or whey, (including disposal onto land by spray irrigation):
i) Is set back at least 300m from a habitable building, educational facility, marae or community hall; and
ii) Is operated at times and in wind conditions so as to avoid nuisance to adjoining property.
Note 1: The disposal of contaminants may require resource consent under the Regional Water and Soil Plan For Northland. Applicants should contact the Northland Regional Council todetermine whether or not resource consent is required.
Note 2: Where parallel resource consent is required from the Northland Regional Council,
Kaipara District Council will seek to undertake joint processing of both applications, e.g. via
delegated authority from the Northland Regional Council.
Discretionary Activity; Assessment Criteria.
See Rule 12.10.21 Above.

Rule 15A.10.23 Plant or Animal Effluent Storage/Disposal; Maori Purpose Land.

See Rule 12.10.21 Above.

Rule 15B.10.23 Plant or Animal Effluent Storage/Disposal; Maori Purpose Land.

See Rule 12.10.21 Above

Preservation of Natural and Cultural Heritage Subdivision.

Rule 12.12.2 Preservation of Natural and Cultural Heritage Subdivision, Rural Zone.

Subdivision within the Rural zone (including Overlays) is a Controlled Activity if it meets the
following terms for subdivision:
a) Permanent physical and legal protection of the heritage feature is achieved; and
b) The lot created for the preservation of heritage shall contain one or more of the following:-
- Any historic site or feature listed in Part C: Chapter 17 – Heritage, Schedule 17.1; or
- An ‘Area of Significance to Maori’ listed in Part C: Chapter 17 – Heritage, Schedule 17.2; or;
- A heritage feature registered under the Historic Places Trust or site of significance to Maori identified since the date the district plan was notified;
- A Notable Tree identified in Schedule 19.1;
c) The boundaries of the lot containing the mapped site or feature must be of a size that can fully contain and protect the feature; and
d) On the lot on which the heritage feature is located, the minimum net site area shall be 4,000m2 and shall contain an area of at least 2,500m2 exclusive of the heritage area being permanently protected, shall be made available to accommodate a dwelling and associated wastewater treatment and disposal system (and this area will enable a building compliant with the relevant performance standards of 12.10 of this Chapter); and
e) Any balance lot created must be a minimum net site area of 4 hectares; and
f) The proposed subdivision complies with the relevant Performance Standards in Section 12.10 and 12.15 of this Chapter.
Assessment Criteria: Controlled Activity
Council will reserve control over the following matters when considering an application for resource consent that meets the terms for subdivision under this rule:-
General Subdivision:

The matters for control listed in Rule 12.12.1; and



Preservation of Heritage
ii) The method for the continued preservation of an historic site, building or object, or archaeological site.
iii) The effects on allotment boundaries and/or identified building areas on the integrity of the heritage feature being protected;
vi) Where an application is made under this provision, the following are considered affected parties in terms of s93 and s94 of the Act:
- For an historic site, building or object, or archaeological site, the New Zealand Historic Places Trust and the Department of Conservation;
- For a site of significance to Maori, the Iwi
v) The application shall be accompanied by all the necessary information, to demonstrate to the Council the authenticity and significance (quality) of the feature for protection.
vi) At the time of creation the Council will also require that the owner enter into a binding covenant to preserve the natural or cultural heritage feature with one of the following:-
- Heritage Covenant (NZ Historic Places Trust);
- A Maori Reservation under s338 and s340 of Te Ture Whenua Maori (Maori Land) Act;
- Conservation Covenants (Conservation Act 1987);
Note 1: Generally covenants for heritage features would be by way of a heritage covenant with the New Zealand Historic Places Trust or a conservation covenant with the Department of Conservation or the Council.

Rule 13.11.3 Preservation of Natural and Cultural Heritage Subdivision, Residential Zone.

(Note: Excludes Preservation of Natural and Cultural Heritage Subdivision for the Protection of Notable Trees.)
1) Residential Zone
Subdivision within the Residential zone, where it is not in an overlay area, is a Controlled Activity if it meets the following terms for subdivision:
a) Permanent physical and legal protection of the feature is achieved; and
b) The lot created for the preservation of heritage shall contain one or more of the following:-
- Any historic site or feature listed in Part C: Chapter 17 – Heritage, Schedule 17.1; or
- An ‘Area of Significance to Maori’ listed in Part C: Chapter 17 – Heritage, Schedule 17.2; or;
- A heritage feature registered under the Historic Places Trust or site of significance to Maori identified since the date the district plan was notified;
- A Notable Tree identified in Schedule 19.1;
c) The boundaries of the lot containing the mapped site or feature must be of a size that can fully contain and protect the feature; and
d) Where a connection to reticulated wastewater infrastructure is available, every proposed allotment has a minimum net site area of 375m2 with the exception of the lot containing the mapped site or feature; and
e) Where no connection to reticulated wastewater infrastructure is available, every proposed allotment has a minimum net site area of 3,000m2 with the exception of the lot containing the mapped site or feature; and
f) The proposed subdivision complies with the relevant Performance Standards in Section 13.10 and 13.13 of this Chapter.
2) Overlay Areas
Subdivision within the Residential zone, within an Overlay Area, is a Controlled Activity if it meets the following terms for subdivision:
a) Permanent physical and legal protection of the feature is achieved; and
b) The lot created for the preservation of heritage shall contain one or more of the following:-
- Any historic site or feature listed in Part C: Chapter 17 – Heritage, Schedule 17.1; or
- An ‘Area of Significance to Maori’ listed in Part C: Chapter 17 – Heritage, Schedule 17.2; or;
- A heritage feature registered under the Historic Places Trust or site of significance to Maori identified since the date the district plan was notified;
- A Notable Tree identified in Schedule 19.1;
c) The boundaries of the lot containing the mapped site or feature must be of a size that can fully contain and protect the feature; and
d) Where a connection to reticulated wastewater infrastructure is available, every proposed allotment has a minimum net site area of 750m2 with the exception of the lot containing the mapped site or feature; and
e) Where no connection to reticulated wastewater infrastructure is available, every proposed allotment has a net site area of 3,000m2 with the exception of the lot containing the mapped site or feature; and
f) The proposed subdivision complies with the relevant Performance Standards in Section 13.10 and 13.13 of this Chapter.
Controlled Activity; Matters of Control.
Council will reserve control over the following matters when considering an application for resource consent that meets the terms for subdivision under this Rule:-
General Subdivision
i) The matters for control listed in Rule 13.11.1; and
Preservation of Natural and Cultural Heritage
ii) The method for the continued preservation of a historic site, building or object, or archaeological site.
iii) The effects on allotment boundaries and/or identified building areas on the integrity of the heritage feature being protected.
iv) Where an application is made under this provision, the following are considered affected parties in terms of s93 and s94 of the Act:
v) For a historic site, building or object, or archaeological site, the New Zealand Historic Places Trust and the Department of Conservation;
vi) For a site of significance to Maori, the Iwi.
vii) The application shall be accompanied by all the necessary information, to demonstrate to the Council the authenticity and significance (quality) of the feature for protection.
viii) At the time of creation the Council will also require that the owner enter into a binding covenant to preserve the natural or cultural heritage feature through one of the following:
- Heritage Covenant (NZ Historic Places Trust);
- A Maori Reservation under s338 and s340 of Te Ture Whenua Maori (Maori Land) Act;
- Conservation Covenants (Conservation Act 1987).
Note 1: Generally covenants for heritage features would be by way of a heritage covenant with the New Zealand Historic Places Trust or a conservation covenant with the Department of Conservation or the Council.

Rule 15B.11.2. Preservation of Natural and Cultural Heritage; Treaty Settlement Land.

Subdivision within the Maori Purposes: Treaty Settlement Zone is a Controlled Activity if it meets the following terms for subdivision:
a) Permanent physical and legal protection of the heritage feature is achieved; and
b) The lot created for the preservation of heritage shall contain one or more of the following:-
- Any historic site or feature listed in Part C: Chapter 17 – Heritage, Schedule 17.1; or
- An ‘Area of Significance to Maori’ listed in Part C: Chapter 17 – Heritage, Schedule 17.2; or
- A heritage feature registered under the Historic Places Trust or site of significance to Maori identified since the date the district plan was notified;
- A Notable Tree identified in Schedule 19.1;
- An area of land covenanted by the Te Uri o Hau Deed of Settlement 2000 or the Te Roroa Deed of Settlement 2005 for the protection of natural and cultural heritage.
c) The boundaries of the lot containing the mapped site or feature must be of a size that can fully contain and protect the feature; and
d) On the lot on which the heritage feature is located, the minimum net site area shall be 4,000m2 and shall contain an area of at least 2,500m2 exclusive of the heritage area being permanently protected, shall be made available to accommodate a dwelling and associated wastewater treatment and disposal system (and this area will enable a building compliant with the relevant performance standards of 15B.10 of this Chapter); and
e) Any balance lot created must be a minimum net site area of 4 hectares; and
f) The proposed subdivision complies with the relevant Performance Standards in Section 15B.10 and 15B.14 of this Chapter.
Note 1: Where an application is made under this provision, the following are considered affected parties in terms of s93 and s94 of the Act:
- For an Historic Site, Building or Object, or archaeological site, the New Zealand Historic Places Trust and the Department of Conservation;
- For a site of significance to Maori, the Iwi

Controlled Activity; Matters for Control.
Council will reserve control over the following matters when considering an application for resource consent that meets the terms for subdivision under this rule:-
General Subdivision
i) The matters for control listed in Rule 15B.11.1; and
Preservation of Heritage
ii) The method for the continued preservation of an historic site, building or object, or archaeological site.
iii) The effects on allotment boundaries and/or identified building areas on the integrity of the heritage
feature being protected;
vi) Where an application is made under this provision, the following are considered affected parties in terms of s93 and s94 of the Act:
- For an historic site, building or object, or archaeological site, the New Zealand Historic Places Trust and the Department of Conservation;
- For a site of significance to Maori, the Iwi
v) The application shall be accompanied by all the necessary information, to demonstrate to the Council the authenticity and significance (quality) of the feature for protection.
vi) At the time of creation the Council will also require that the owner enter into a binding covenant to preserve the natural or cultural heritage feature with one of the following:-
- Heritage Covenant (NZ Historic Places Trust);
- A Maori Reservation under s338 and s340 of Te Ture Whenua Maori (Maori Land) Act;
- Conservation Covenants (Conservation Act 1987);
Note 1: Generally covenants for heritage features would be by way of a heritage covenant with the New Zealand Historic Places Trust or a conservation covenant with the Department of Conservation or the Council.

 

Rule 12.13.1 Environmental Benefit; Rural Zone

Subdivision within the Rural zone (including Overlays) is a Restricted Discretionary Activity if it meets the following terms for subdivision:
a) Permanent physical and legal protection of the Environmental Benefits within the site is achieved; and
b) The entire feature is protected; and
c) The Environmental Benefit meets the minimum size requirements relevant to the type of environmental benefit proposed listed below:
i) An ’Ecological’ Environmental Benefit shall be a minimum of 0.5ha; and
ii) Where the total area of the Environmental Benefit is 9.0 hectares or more, this will be considered two Environmental Benefit Lots; or
iii) A ‘Landscape’ Environmental Benefit shall result in the whole of the portion of the identified landscape located on the parent lot being physically and legally protected; and
d) No more than three Environmental Benefit Lots can be created per site, and
e) On the lot which the Environmental Benefit is located, an area of at least 2,500m2 exclusive of the area being permanently protected, shall be made available to accommodate a dwelling and associated wastewater treatment and disposal system; and
f) Any balance lot created must be a minimum net site area of 4,000m2; and
g) The proposed subdivision complies with the relevant Performance Standards in Section 12.10 and 12.15 of this Chapter.
h) Only one consent for a restricted discretionary (subdivision) activity in terms of a Environmental Benefit subdivision can be granted in respect of a site or any specified portion of a site and the provisions contained within this rule can be used only once for each specified portion of the site;
Note 1: Where an application is made under this provision, for an area of significant indigenous vegetation or significant habitat of indigenous fauna, the Department of Conservation the following shall be included as affected parties in terms of s93 and s94 of the Act:
Note 2: Refer to Part A: Chapter 9 Definitions for the definition of “Environmental Benefit”.
Assessment Criteria: Restricted Discretionary Activity.
Council will restrict its discretion over the following matters when considering an application for resource consent that meets the terms for subdivision under this rule:-
General Subdivision
i) The matters for control listed in Rule 12.12.1; and
ii) Whether and the extent to which the subdivision is in accordance with relevant Council adopted Design Guidelines;
iii) Where a site is within the Mangawhai Structure Plan area, whether and the extent to which the subdivision is in accordance with any adopted Structure Plans or Policy Guidance i.e. Mangawhai Structure Plan and Reserves and Open Space Strategy;
iv) Whether and the extent to which earthworks required for the provision of servicing, the location of building platforms, parking, manoeuvring and access are minimised;
v) Whether and the extent to which the subdivision is located close to existing residential settlements and avoids the need for provision of new or requirement for increased capacity of Council owned infrastructure and services to meet the needs of the development. Council will give consideration to the ability of the applicant to provide for the required upgrades by way of development and/or financial contributions;
vi) Whether and the extent to which the density of the subdivision and development avoids adverse effects on rural amenity, landscape, open space, heritage value, ecological values, riparian management, and the natural character of the rural and coastal environment; and
vii) Whether and the extent to which the subdivision and development avoids cumulative effects on the environment and on the provision of infrastructure and services.
Environmental Benefit.
Council will have regard to the following additional matters for discretion when assessing an application for consent under this rule:
i) The size of the feature to be protected;
ii) The quality of the feature proposed to be protected;
iii) The location of the feature and its surrounding environment e.g. whether it forms part of an outstanding landscape or adjoins / buffers an existing protected area;
iv) The significance of the feature to the natural character of the District;
v) The rarity of the feature;
vi) The extent to which the feature proposed for protection has been modified and the impact this has had on its significance;
vii) The type of permanent protection proposed;
viii) The future management of the feature, once protected;
ix) The need for any enhancement of the features, for example by riparian planting, re-vegetation, fencing, weed/pest control or eradication;
x) Identification of any other features on the site and the contribution (positive or negative) these make to the significance of the features proposed to be protected;
xi) Whether the site (or sites) is located so that a household unit can be erected on it without significantly detracting, from, damaging or destroying any features on the site required to be protected, or from the visual amenity values present in the vicinity of the site;
xii) Effects, including reverse sensitivity effects, due to the location and/ or size of the allotments proposed to be created;
xiii) The need for a bond or covenant to ensure performance or compliance with any conditions imposed;
xiv) The need for restrictions on future, land use/development within proximity (but still within the boundary of the property prior to the subdivision) of the protected feature, in order to maintain its quality and significance;
xv) If the site is in an Overlay, whether and the extent to which the subdivision meets the objectives and outcomes of Chapter 4 for the relevant Overlay.
Note 1: The application shall be accompanied by all the necessary information, to demonstrate to the Council the authenticity and significance (quality) of the feature for protection. This information may be in the form of a detailed report from a suitably qualified and/or experienced expert and shall assess those matters over which discretion is reserved or is a feature that has been identified through the Department of Conservation – “Protected Natural Areas Programme.”
Note 2: At the time of creation the Council may also require that the owner will enter into a binding covenant to preserve the environmental feature with one of the following:-
- Conservation Covenants (Reserves Act 1977);
- Protected Private Land (Reserves Act 1977);
- Open Space Covenants (Queen Elizabeth II National Trust 1977);

Rule 15B.12.1 Environmental Benefit Subdivision – Treaty Settlement Land

Subdivision within the Treaty Settlement Zone (including Overlays) is a Restricted Discretionary Activity if it meets the following terms for subdivision:
a) Permanent physical and legal protection of the Environmental Benefits within the site is achieved; and
b) The entire feature is protected; and
c) The Environmental Benefit meets the minimum size requirements relevant to the type of environmental benefit proposed listed below:
i) An ’Ecological’ Environmental Benefit shall be a minimum of 0.5ha; and
ii) Where the total area of the Environmental Benefit is 9.0 hectares or more, this will be considered two Environmental Benefit Lots; or
iii) A ‘Landscape’ Environmental Benefit shall result in the whole of the portion of the identified landscape located on the parent lot being physically and legally protected; and
d) No more than three Environmental Benefit Lots can be created per site, and
e) On the lot which the Environmental Benefit is located, an area of at least 2,500m2 exclusive of the area being permanently protected, shall be made available to accommodate a dwelling and associated wastewater treatment and disposal system; and
f) Any balance lot created must be a minimum net site area of 4,000m2; and
g) The proposed subdivision complies with the relevant Performance Standards in Section 15B.10 and 15B.14 of this Chapter.
h) Only one consent for a restricted discretionary (subdivision) activity in terms of a Environmental Benefit subdivision can be granted in respect of a site or any specified portion of a site and the provisions contained within this rule can be used only once for each specified portion of the site;
i) In addition, where covenants for the protection of ecological or landscape values have already been applied to Treaty Settlement Land, as a result of the Te Uri o Hau Deed of Settlement 2000 or the Te Roroa Deed of Settlement 2005, these will be accepted retrospectively as providing an Environmental Benefit in terms of this rule;
Note 1: Where an application is made under this provision, for an area of significant indigenous vegetation or significant habitat of indigenous fauna, the Department of Conservation the following shall be included as affected parties in terms of s93 and s94 of the Act:
Note 2: Refer to Part A: Chapter 9 Definitions for the definition of “Environmental Benefit”.
Note 3: As part of the Treaty Settlement Process all Redress land has been surveyed, and features of ecological and landscape value protected through covenants. This rule recognises this existing level of protection already occurs and allows for these benefits to be applied retrospectively so as not to preclude the efficient development and use of Treaty Settlement Land.
Assessment Criteria: Restricted Discretionary Activity.
Council will restrict its discretion over the following matters when considering an application for resource consent that meets the terms for subdivision under this rule:-
General Subdivision
i) The matters for control listed in Rule 15B.11.1; and
ii) Whether and the extent to which the subdivision is in accordance with relevant Council adopted Design Guidelines;
iii) Whether and the extent to which earthworks required for the provision of servicing, the location of building platforms, parking, manoeuvring and access are minimised;
iv) Whether and the extent to which the subdivision is located close to existing residential settlements and avoids the need for provision of new or requirement for increased capacity of Council owned infrastructure and services to meet the needs of the development. Council will give consideration to the ability of the applicant to provide for the required upgrades by way of development and/or financial contributions;
v) Whether and the extent to which the density of the subdivision and development avoids adverse effects on rural amenity, landscape, open space, heritage value, ecological values, riparian management, and the natural character of the rural and coastal environment; and
vi) Whether and the extent to which the subdivision and development avoids cumulative effects on the environment and on the provision of infrastructure and services.
Environmental Benefit
Council will have regard to the following additional matters for discretion when assessing an application for consent under this rule:
i) The size of the feature to be protected;
ii) The quality of the feature proposed to be protected;
iii) The location of the feature and its surrounding environment e.g. whether it forms part of an outstanding landscape or adjoins / buffers an existing protected area;
iv) The significance of the feature to the natural character of the District;
v) The rarity of the feature;
vi) The extent to which the feature proposed for protection has been modified and the impact this has had on its significance;
vii) The type of permanent protection proposed;
viii) The future management of the feature, once protected;
ix) The need for any enhancement of the features, for example by riparian planting, re-vegetation, fencing, weed/pest control or eradication;
x) Identification of any other features on the site and the contribution (positive or negative) these make to the significance of the features proposed to be protected;
xi) Whether the site (or sites) is located so that a household unit can be erected on it without significantly detracting, from, damaging or destroying any features on the site required to be protected, or from the visual amenity values present in the vicinity of the site;
xii) Effects, including reverse sensitivity effects, due to the location and/ or size of the allotments proposed to be created;
xiii) The need for a bond or covenant to ensure performance or compliance with any conditions imposed;
xiv) The need for restrictions on future, land use/development within proximity (but still within the boundary of the property prior to the subdivision) of the protected feature, in order to maintain its quality and significance;
xv) If the site is in an Overlay, whether and the extent to which the subdivision meets the objectives and outcomes of Chapter 4 for the relevant Overlay.
Note 1: The application shall be accompanied by all the necessary information, to demonstrate to the Council the authenticity and significance (quality) of the feature for protection. This information may be in the form of a detailed report from a suitably qualified and/or experienced expert and shall assess those matters over which discretion is reserved or is a feature that has been identified through the Department of Conservation – “Protected Natural Areas Programme”.
Note 2: At the time of creation the Council may also require that the owner will enter into a binding covenant to preserve the environmental feature with one of the following:-
- Conservation Covenants (Reserves Act 1977);
- Protected Private Land (Reserves Act 1977);
- Open Space Covenants (Queen Elizabeth II National Trust 1977);
- Conservation Covenants (Conservation Act 1987);

(Performance Standards.)

Rule 12.15.9 Esplanade Management for Lots Less Than 4ha; Rural Zone

Where an allotment of less than 4ha is created on subdivision of land which adjoins the sea, rivers over 3m in width, or lakes over 8ha in area, an esplanade reserve or strip of 20m in width shall be set aside, except where:
a) The subdivision involves only a minor boundary adjustment and no additional building sites will be created and;
b) The proposed subdivision activity arises solely due to land being acquired for any road designation or a site to be created only for a network utility.
Note 1: No esplanade reserve or strip shall be required where a lot is associated with the provision of a utility service.
Assessment Criteria: Discretionary Activity
Council will have regard to the following matters when considering an application for resource consent under this Rule to reduce or waive the requirement for an Esplanade Reserve or Strip:
i) The topography of the land concerned including a plan showing contours where appropriate;
ii) The present use of the land and the location of any structures on or adjacent to the required Esplanade Reserve or Strip;
iii) The conservation values of the land and adjacent water body including a description of the vegetation and associated wildlife present;
iv) The public access values of the land and presence or otherwise of esplanade or other reserves in the immediate vicinity;
v) The liability of the land to erosion, flooding and other natural hazards;
vi) The water quality enhancement values of the land and associated vegetation cover;
vii) The estimated costs associated with surveying any Esplanade Reserve in relation to the total estimated cost of the subdivision where relevant;
viii) Whether a waiver or reduction will ensure the security of private property and the safety of people;
ix) Where the purposes of an Esplanade Reserve or Strip can be equally or better achieved by an alternative means, such as:
- a land improvement agreement with individual landowners (these may be used for protection of aquatic habitat, water quality and hazard mitigation);
- a conservation covenant under the Reserves Act or QEII Trust Act (these may be used for protection of natural character, landscape values, and habitats on margins of a water body);
- a condition of consent requiring fencing, planting or other works related to riparian protection and enhancement.
x) Where waahi tapu or other culturally significant sites are present and the creation of an Esplanade Reserve or Strip and associated public access would be inappropriate;
xi) The nature of any special conditions or restrictions proposed for any Esplanade Strip including those relating to periodic closure as provided for in the Tenth Schedule of the Act;
Council will have regard to the following matters when considering an application for resource consent to replace the requirement to create an Esplanade Reserve with an Esplanade Strip:
xii) Where the land is extremely steep, substantially in bush or other dense vegetation and where the provision of an Esplanade Reserve would involve a difficult or extensive survey in relation to the purpose of the subdivision;
xiii) Where unrestricted public access could adversely affect conservation management programmes;
xiv) Where the margins are affected by erosion, inundation or other natural hazard processes and a fixed inner boundary would not be appropriate; and
xv) Council’s ability to maintain an Esplanade Reserve.

Rule 12.15.10 Esplanade Management for Lots More Than 4ha, Rural Zone.

The Council has determined in accordance with the empowering provisions in Section 77 of the Act that a 20m wide Esplanade Reserve or Strip is to be set aside where an allotment of 4ha or more is created in the following circumstances:
a) The lot itself contains land, or adjoins a section of the coastal marine area, a lake or river, which has important recreational values and where;
i) public access is either currently available to the water body and associated margins or where there is reasonable likelihood of such access being available in the future from a road, access strip or reserve including an adjacent Esplanade Reserve; or
ii) In respect of the coastal marine area public access is currently available to the foreshore from the water and it can be used for the landing of small craft.
b) The lot adjoins a section of the coastal marine area which is subject to serious wave or wind induced erosion or other natural hazard processes and where;
i) Formal reservation of the land is considered appropriate by the Council following consultation with the Northland Regional Council.
c) The lot itself contains land, or adjoins a portion of the coastal marine area, a lake or river which has significant indigenous vegetation and significant habitats of indigenous fauna or supports the habitat of trout, and where;
i) formal reservation of the land is considered appropriate by the Council following consultation with the Department of Conservation; and
ii) where after consultation on a case by case basis the Department of Conservation or other appropriate body has agreed to assist with fencing and future management of the land or assume ownership of the same as provided in Section 237D of the Resource Management Act.
d) The lot adjoins a lake, the water quality of which is being adversely affected by runoff from adjacent properties and where;
i) formal reservation of the land is considered appropriate by Council following consultation with the Northland Regional Council; and
ii) The Northland Regional Council or other appropriate body has agreed to assist with fencing and future management of the land.
Note 1: For the purpose of this Rule, “significant” refers to either:
i) All those sites containing indigenous vegetation or habitat ranked moderate, moderate-high, high or outstanding on the Sites of Special Biological Interest (SSBI) database or equivalent under the Protected Natural Areas (PNA) programme; or
ii) In the absence of an assessment or ranking in terms of the above, assessments of significance and ranking should be based on the same methodology (see Appendix 24G).
Assessment Criteria: Discretionary Activity
Council will have regard to the following matters when considering an application for resource consent under this Rule to reduce or waive the requirement for an Esplanade Reserve or Strip:
i) The topography of the land concerned including a plan showing contours where appropriate;
ii) The present use of the land and the location of any structures on or adjacent to the required Esplanade Reserve or Strip;
iii) The conservation values of the land and adjacent water body including a description of the vegetation and associated wildlife present;
iv) The public access values of the land and presence or otherwise of esplanade or other reserves in the immediate vicinity;
v) The liability of the land to erosion, flooding and other natural hazards;
vi) The water quality enhancement values of the land and associated vegetation cover;
vii) The estimated costs associated with surveying any Esplanade Reserve in relation to the total estimated cost of the subdivision where relevant;
viii) Whether a waiver or reduction will ensure the security of private property and the safety of people;
ix) Where the purposes of an Esplanade Reserve or Strip can be equally or better achieved by an alternative means, such as:
- a land improvement agreement with individual landowners (these may be used for protection of aquatic habitat, water quality and hazard mitigation);
- a conservation covenant under the Reserves Act or QEII Trust Act (these may be used for protection of natural character, landscape values, and habitats on margins of a water body);
- a condition of consent requiring fencing, planting or other works related to riparian protection and enhancement..
x) Where waahi tapu or other culturally significant sites are present and the creation of an Esplanade Reserve or Strip and associated public access would be inappropriate;
xi) The nature of any special conditions or restrictions proposed for any Esplanade Strip including those relating to periodic closure as provided for in the Tenth Schedule of the Act;
Council will have regard to the following matters when considering an application for resource consent to replace the requirement to create an Esplanade Reserve with an Esplanade Strip:
xii) Where the land is extremely steep, substantially in bush or other dense vegetation and where the provision of an Esplanade Reserve would involve a difficult or extensive survey in relation to the purpose of the subdivision;
xiii) Where unrestricted public access could adversely affect conservation management programmes;
xiv) Where the margins are affected by erosion, inundation or other natural hazard processes and a fixed inner boundary would not be appropriate; and
xv) Council’s ability to maintain an Esplanade Reserve.

Rule 13.13.9 Esplanade Management for Lots Less Than 4ha; Residential Zone.

See above.

Rule 13.13.10 Esplanade Management for Lots More Than 4ha; Residential Zone.

See above.

Rule 14.13.9 Esplanade Management for Lots Less Than 4ha; Business Zone.

See above.

Rule 14.13.10 Esplanade Management for Lots More Than 4ha; Business Zone.

See above.

Rule 15B.14.9 Esplanade Management for Lots Less Than 4ha; Treaty Settlement Land.

See above.

Rule 15B.14.9 Esplanade Management for Lots More Than 4ha; Treaty Settlement Zone.

See above.

Chapter 17  – All Rules in Chapter 17 are Effective.

Rule 17.10.1 Alteration or maintenance to a Category A resource or feature

Any activity is permitted if:-
a) It involves minor works or maintenance to Category A heritage resource or feature listed in Schedule 17.1 where replacement materials should be either original or similar material, colour, texture, form and design as the original it replaces, and the number of components replaced should be substantially less than the existing components; and
b) It complies with the relevant rules and performance standards in Part B.
Discretionary Activity; Assessment Criteria.
The Council may impose conditions of consent on a discretionary activity or it may refuse consent to the application.
The matters set out in s104 and s105, and in Part II of the Resource Management Act, apply to the consideration of all resource consents for land use activities.
In addition to these matters, the Council will have regard to the following matters:
i) Whether an assessment by a qualified archaeologist has been carried out and the findings and recommendations of that assessment;
ii) Whether the relevant iwi have been consulted, and whether the consultation supports the application;
iii) Whether the proposal is consistent with the objectives of any hapu or iwi management plan relating to the area;
iv) Whether the New Zealand Historic Places Trust has been consulted and whether an Authority to modify, damage or destroy an archaeological site has been obtained under the Historic Places Act 1993;
v) Whether the activity will have any adverse effect on an archaeological site;
vi) The extent to which the activity may adversely affect cultural and spiritual values;
vii) The extent to which the activity may adversely affect design and appearance of the building or object;
viii) The extent to which the activity will adversely affect any cemetery;
ix) The extent to which heritage values can be permanently protected and enhanced;
x) The effect of the proposed activity on the integrity or heritage values associated with the resource;
xi) The significance of heritage values associated with the heritage resource;
xii) The registration and the reasons for this registration, of the heritage resource under the Historic Places Act 1993;
xiii) The purpose of the proposed activity and whether there are other means of achieving the same or similar ends;
xiv) The policies of any conservation plan and heritage inventory relating to the heritage resource;
xv) The importance (if any) of land surrounding the heritage resource;
xvi) The importance attributed to the heritage resource by tangata whenua and the wider community;
xvii) The recommendations made by the New Zealand Historic Places Trust and any other person or organisation with recognised expertise in heritage conservation issues;
xviii) In considering any proposal the Council shall also have regard to the International Council on Monuments and Sites; New Zealand Charter for the Conservation of Places of Heritage Value;
xix) The extent to which restoration and rehabilitation of heritage resources is likely to be achieved.
Note 1: Under Sections 10 and 99 of the Historic Places Act 1993 it is an offence to modify, damage or destroy an archaeological site without an authority (consent) from the NZ Historic Places Trust. This applies to all sites, regardless of whether Building or Resource Consents have been granted or not.

Rule 17.10.2 Earthworks on a site containing a Category A Resource or Feature or an Area of Significance to Maori.

Any activity on a site listed in Appendix 17.1 is permitted if:-
a) the activity does not involve earthworks within 20m of any heritage resource listed in Appendix 17.1; and
b) Earthworks do not exceed 500mm in depth or cumulatively 100m2 in area per site unless the Site Management Protocol (Rule 17.9.1) and Accidental Discovery Protocol (Rule 17.9.2) are followed; and
d) It complies with the relevant rules and performance standards in Part B.
Restricted Discretionary Activity; Assessment Criteria.
The Council will restrict the exercise of its discretion to:
i) Whether the relevant iwi have been consulted, and whether the consultation supports the application;
ii) Whether the New Zealand Historic Places Trust has been consulted and whether an Authority to Modify an archaeological site has been obtained under the Historic Places Act 1993;
iii) The extent to which the activity may adversely affect cultural and spiritual values;
iv) Whether the activity will have an adverse effect on the area; and
v) The means by which any adverse effects on cultural, spiritual and heritage values can be avoided, remedied or mitigated.

Rule 17.10.3 Development on a site listed in Schedule 17.2 ‘Nohoanga’ Areas and Areas of Significance to Maori’

The following is a Restricted Discretionary Activity under this Plan:-
a) Any work requiring consent (excluding controlled activity consent) elsewhere in this Plan that is located within a Nohoanga Area or an Area of Significance to Maori identified in Schedule 17.2.
Restricted Discretionary Activity
The Council will restrict the exercise of its discretion to:
i) Whether and the extent to which the proposal responds to issues in any relevant Iwi Management Plan;
ii) Whether the relevant iwi have been consulted, and whether the consultation supports the application;
iii) The extent to which the activity may adversely affect cultural and spiritual values;

Note 1: Representatives from Te Uri o Hau and Te Roroa may be used to assist Council in assessing any consent applications / hearings requiring iwi input under this rule. 

Rule 20.10.1 Development on a Reserve Management Unit that is subject to a Reserve Management Plan or Conservation Management Strategy

Development on a Reserve Management Unit that is subject to an adopted Reserve Management Plan prepared under the Reserves Act 1997 or a Conservation Management Strategy prepared under the Conservation Act 1987 is a permitted activity if:
a) The proposed development complies with the criteria and provisions of the relevant Reserve Management Plan or Conservation Management Strategy.
Note 1: This Rule only applies to development within the Reserve Management Unit and does not apply to the balance of the site where a Reserve Management Unit applies to only part of a site.
Restricted Discretionary Activity (plus the activity status of any activity within the zone that is not met).
Where an activity is not permitted by this Rule, Council will have regard to the following matters when considering an application for resource consent:
i) Whether and the extent to which the proposed development supports the purpose and classification of the Reserve Management Unit; and
ii) Whether and the extent to which consultation has been undertaken with the administer/owner of the Reserve Management Unit as described in Appendix 20.1; and
iii) The extent to which the proposed development is consistent with the Objectives and Policies of the underlying zoning.

Performance Standards 12.15.5 Stormwater Disposal, Rural Zone.

(1) Where available all allotments are provided, within their net site area, with:
a) A connection to a Council-maintained stormwater system; or
Note 1: This is only likely to apply for a Integrated Development subdivision in Structure Plan growth areas);
(2) Where no Council system is available:
a) All allotments are provided with the means for the transport and disposal of collected stormwater from the roof of all potential or existing buildings and from all impervious surfaces, in such a way as to avoid any adverse effects of stormwater runoff on the receiving environment;
AND
(3) For all sites
a) The stormwater system is designed and constructed to meet the minimum requirements of clause 6.1.1 (a)-(e) inclusive of the Kaipara District Council Engineering Standards 2009;
b) Drainage Reserves and Easements shall comply with the requirements of clause 6.1.2 (a)-(b) inclusive of the Kaipara District Council Engineering Standards 2009.
c) Stormwater drainage shall be designed to comply with the requirements of clause 6.2.1(a)-(b) inclusive of the Kaipara District Council Engineering Standards 2009;
d) Primary and Secondary Flow paths shall be designed to comply with clause 6.2.2(a) (c) inclusive of the Kaipara District Council Engineering Standards 2009;
e) Minimum freeboard heights shall be designed to comply with clause 6.2.3(a) of the Kaipara District Council Engineering Standards 2009;
f) Stormwater systems shall be designed for storm events of up to 100 ARI as described in clause 6.2.5 (a) of the Kaipara District Council Engineering Standards 2009;
g) Stormwater control shall comply with the specific area requirements in clause 6.2.6 of the Kaipara District Council Engineering Standards 2009.
h) Stormwater discharges shall comply with the requirements of clause 6.2.7 (a)-(c) inclusive of the Kaipara District Council Engineering Standards 2009.
i) Applicants shall demonstrate that any stormwater discharges comply with the requirements of the Regional Water and Soil Plan for Northland or have a discharge consent from the Northland Regional Council for the activity.
Note 1: Stormwater discharges may require resource consent under the Regional Water and Soil Plan for Northland. Applicants should contact the Northland Regional Council to determine whether or not aresource consent is required.
Note 2: Where parallel resource consent for stormwater discharge is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, via delegated authority from the Northland Regional Council.
Assessment Ceriteria: Discretionary Activity
Council will have regard to the following matters when considering an application for resource consent under this Rule:
i) Whether there is sufficient control of water-borne contaminants, litter and sediment;
ii) Whether there is sufficient land available for disposal of stormwater;
iii) Whether and the extent to which the capacity of the downstream stormwater system is able to cater for increased runoff from the proposed allotments;
iv) Whether and the extent to which measures are necessary in order to give effect to any drainage or catchment Management Plan that has been prepared for the area;
v) Whether and the extent to which measures proposed for avoiding or mitigating the effects of stormwater runoff, including low impact design principles are effective;
vi) Whether and the extent to which the stormwater infrastructure within the subdivision, is able to link with existing disposal systems outside the subdivision;
vii) Whether and the extent to which the development meets the relevant stormwater provisions of section 6.0 of the Kaipara District Council Engineering Standards 2009;
viii) Whether there is a need for land to be set aside and vested in the Council as a site for any public utility required to be provided;
x) Whether there is provision of practical vehicular access from a public road to and along any area vested with Council for stormwater purposes;
ix) The need for and amount of any financial contributions in accordance with Part D: Chapter 22 Financial Contributions to achieve the above matters;
x) Whether the subdivision represents the best practicable option in respect of the provision that is made for the disposal of stormwater; and
xi) In tidal areas, allowance should be made for the effects of high tide, waves, storm surges and rising sea levels.
Note 1: General assessment of sections 1.0 - 10.0 inclusive of the Kaipara District Council Engineering Standards 2009 is undertaken as part of the assessment of the subdivision resource consent application and conditions relating to compliance with any of these standards may be applied to the consent as part of the engineering approval

Performance Standard 13.13.5 Stormwater Disposal; Residential Zone.

(1) Where available all allotments are provided, within their net site area, with:
a) A connection to a Council-maintained stormwater system; or
(2) Where no Council system is available:
a) All allotments are provided with the means for the transport and disposal of collected stormwater from the roof of all potential or existing buildings and from all impervious surfaces, in such a way as to avoid any adverse effects of stormwater runoff on the receiving environment;
AND
(3) For all sites:
a) The stormwater system is designed and constructed to meet the minimum requirements of clause 6.1.1(a)-(e) inclusive of the Kaipara District Council Engineering Standards 2009; and
b) All storm water pipelines, stormwater treatment, detention ponds and overland flow paths that are not contained within Council roads or within the boundaries of the site, shall be within a reserve vested in Council. The minimum width of land to vest shall be 3m; and
c) Drainage Reserves and Easements shall comply with clause 6.2.2(a)-(c) inclusive of the Kaipara District Council Engineering Standards 2009;
d) Stormwater drainage shall be designed to comply with clause 6.2.1(a)-(b) inclusive of the Kaipara District Council Engineering Standards 2009;
e) Primary and Secondary Flow paths shall be designed to comply with clause 6.2.2(a)-(c) inclusive of the Kaipara District Council Engineering Standards 2009;
f) Minimum freeboard heights shall be designed to comply with clause 6.2.3(a) of the Kaipara District Council Engineering Standards 2009;
g) Stormwater systems shall be designed for stormwater events of up to 100 ARI as described in clause 6.2.5(a) of the Kaipara District Council Engineering Standards 2009;
h) Stormwater control shall comply with the specific area requirements in clause 6.2.6 of the Kaipara District Council Engineering Standards 2009;
i) Stormwater discharges shall comply with the requirements of clause 6.2.7 of the Kaipara District Council Engineering Standards 2009;
j) Applicants shall demonstrate that any stormwater discharges comply with the requirements of the Regional Water and Soil Plan for Northland or have a discharge consent from the Northland Regional Council for the activity.
Note 1: Stormwater discharges may require resource consent under the Regional Water and Soil Plan for Northland. Applicants should contact the Northland Regional Council todetermine whether or not a resource consent is required.
Note 2: Where parallel resource consent for stormwater discharge is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, via delegated authority from the Northland Regional Council.
Assessment Criteria: Discretionary Activity.
Council will have regard to the following matters when considering an application for resource consent under this Rule:
i) Whether there is sufficient control of water-borne contaminants, litter and sediment;
ii) Whether there is sufficient land available for disposal of stormwater;
iii) Whether and the extent to which the capacity of the downstream stormwater system is able to cater for increased runoff from the proposed allotments;
iv) Whether and the extent to which measures are necessary in order to give effect to any drainage or Catchment Integrated Development that has been prepared for the area;
v) Whether and the extent to which measures proposed for avoiding or mitigating the effects of stormwater runoff, including low impact design principles are effective;
vi) Whether and the extent to which the stormwater infrastructure within the subdivision, is able to link with existing disposal systems outside the subdivision;
vii) Whether and the extent to which the development meets the relevant stormwater provisions of section 6.0 of the Kaipara District Council Engineering Standards 2009;
viii) Whether there is a need for land to be set aside and vested in the Council as a site for any public utility required to be provided;
x) Whether there is provision of practical vehicular access from a public road to and along any area vested with Council for stormwater purposes;
ix) The need for and amount of any financial contributions in accordance with Part D: Chapter 22 Financial Contributions to achieve the above matters;
x) Whether the subdivision represents the best practicable option in respect of the provision that is made for the disposal of stormwater; and
xi) In tidal areas, allowance should be made for the effects of high tide, waves, storm surges and rising sea levels.
Note 1: General assessment of sections 1.0-10.0 inclusive of the Kaipara District Council Engineering Standards 2009 is undertaken as part of the assessment of the subdivision resource consent application and conditions relating to compliance with any of these standards may be applied to the consent as part of the Engineering Approval.
Performance Standard 14.13.5 Stormwater Disposal: Business Zone.
(1) Where available all allotments are provided, within their net site area, with:
a) A connection to a Council-maintained stormwater system; or
(2) Where no Council system is available:
a) All allotments are provided with the means for the transport and disposal of collected stormwater from the roof of all potential or existing buildings and from all impervious surfaces, in such a way as to avoid any adverse effects of stormwater runoff on the receiving environment;
AND
(3) For all sites:
a) The stormwater system is designed and constructed to meet the minimum requirements of clause 6.1.1(a)-(e) inclusive of the Kaipara District Council Engineering Standards 2009; and
b) All storm water pipelines, stormwater treatment, detention ponds and overland flow paths that are not contained within Council roads or within the boundaries of the site, shall be within a reserve vested in Council. The minimum width of land to vest shall be 3m; and
c) Drainage Reserves and Easements shall comply with clause 6.2.2(a)-(c) inclusive of the Kaipara District Council Engineering Standards 2009;
d) Stormwater drainage shall be designed to comply with clause 6.2.1(a)-(b) inclusive of the Kaipara District Council Engineering Standards 2009;
e) Primary and Secondary Flow paths shall be designed to comply with clause 6.2.2(a)-(c) inclusive of the Kaipara District Council Engineering Standards 2009;
f) Minimum freeboard heights shall be designed to comply with clause 6.2.3(a) of the Kaipara District Council Engineering Standards 2009;
g) Stormwater systems shall be designed for stormwater events of up to 100 ARI as described in clause 6.2.5(a) of the Kaipara District Council Engineering Standards 2009;
h) Stormwater control shall comply with the specific area requirements in clause 6.2.6 of the Kaipara District Council Engineering Standards 2009;
i) Stormwater discharges shall comply with the requirements of clause 6.2.7 of the Kaipara District Council Engineering Standards 2009;
j) Applicants shall demonstrate that any stormwater discharges comply with the requirements of the Regional Water and Soil Plan for Northland or have a discharge consent from the Northland Regional Council for the activity.
Note 1: Stormwater discharges may require resource consent under the Regional Water and Soil Plan for Northland. Applicants should contact the Northland Regional Council todetermine whether or not a resource consent is required.
Note 2: Where parallel resource consent for stormwater discharge is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, via delegated authority from the Northland Regional Council.
Assessment Criteria: Discretionary Activity.
Council will have regard to the following matters when considering an application for resource consent under this Rule:
i) Whether there is sufficient control of water-borne contaminants, litter and sediment;
ii) Whether there is sufficient land available for disposal of stormwater;
iii) Whether and the extent to which the capacity of the downstream stormwater system is able to cater for increased runoff from the proposed allotments;
iv) Whether and the extent to which measures are necessary in order to give effect to any drainage or Catchment Integrated Development that has been prepared for the area;
v) Whether and the extent to which measures proposed for avoiding or mitigating the effects of stormwater runoff, including low impact design principles are effective;
vi) Whether and the extent to which the stormwater infrastructure within the subdivision, is able to link with existing disposal systems outside the subdivision;
vii) Whether and the extent to which the development meets the relevant stormwater provisions of section 6.0 of the Kaipara District Council Engineering Standards 2009;
viii) Whether there is a need for land to be set aside and vested in the Council as a site for any public utility required to be provided;
x) Whether there is provision of practical vehicular access from a public road to and along any area vested with Council for stormwater purposes; and
ix) The need for and amount of any financial contributions in accordance with Part D: Chapter 22 Financial Contributions to achieve the above matters.
x) Whether the subdivision represents the best practicable option in respect of the provision that is made for the disposal of stormwater; and
xi) In tidal areas, allowance should be made for the effects of high tide, waves, storm surges and rising sea levels.
Note 1: General assessment of sections 1.0-10.0 inclusive of the Kaipara District Council Engineering Standards 2009 is undertaken as part of the assessment of the subdivision resource consent application and conditions relating to compliance with any of these standards may be applied to the consent as part of the Engineering Approval.

Performance Standard 15B.14.5 Stormwater Disposal; Treaty Settlement Land.

(1) Where available all allotments are provided, within their net site area, with:
a) A connection to a Council-maintained stormwater system; or
Note 1: This is only likely to apply for a Integrated Development subdivision in Structure Plan growth areas);
(2) Where no Council system is available:
a) All allotments are provided with the means for the transport and disposal of collected stormwater from the roof of all potential or existing buildings and from all impervious surfaces, in such a way as to avoid any adverse effects of stormwater runoff on the receiving environment;
AND
(3) For all sites
a) The stormwater system is designed and constructed to meet the minimum requirements of clause 6.1.1 (a)-(e) inclusive of the Kaipara District Council Engineering Standards 2009;
b) Drainage Reserves and Easements shall comply with the requirements of clause 6.1.2 (a)-(b) inclusive of the Kaipara District Council Engineering Standards 2009.
c) Stormwater drainage shall be designed to comply with the requirements of clause 6.2.1(a)-(b) inclusive of the Kaipara District Council Engineering Standards 2009;
d) Primary and Secondary Flow paths shall be designed to comply with clause 6.2.2(a)-(c) inclusive of the Kaipara District Council Engineering Standards 2009;
e) Minimum freeboard heights shall be designed to comply with clause 6.2.3(a) of the Kaipara District Council Engineering Standards 2009;
f) Stormwater systems shall be designed for storm events of up to 100 ARI as described in clause 6.2.5 (a) of the Kaipara District Council Engineering Standards 2009;
g) Stormwater control shall comply with the specific area requirements in clause 6.2.6 of the Kaipara District Council Engineering Standards 2009.
h) Stormwater discharges shall comply with the requirements of clause 6.2.7 (a)-(c) inclusive of the Kaipara District Council Engineering Standards 2009.
i) Applicants shall demonstrate that any stormwater discharges comply with the requirements of the Regional Water and Soil Plan for Northland or have a discharge consent from the Northland Regional Council for the activity.
Note 1: Stormwater discharges may require resource consent under the Regional Water and Soil Plan for Northland. Applicants should contact the Northland Regional Council to determine whether or not aresource consent is required.
Note 2: Where parallel resource consent for stormwater discharge is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, via delegated authority from the Northland Regional Council.
Assessment Criteria: Discretionary Activity.
Council will have regard to the following matters when considering an application for resource consent under this Rule:
i) Whether there is sufficient control of water-borne contaminants, litter and sediment;
ii) Whether there is sufficient land available for disposal of stormwater;
iii) Whether and the extent to which the capacity of the downstream stormwater system is able to cater for increased runoff from the proposed allotments;
iv) Whether and the extent to which measures are necessary in order to give effect to any drainage or catchment Management Plan that has been prepared for the area;
v) Whether and the extent to which measures proposed for avoiding or mitigating the effects of stormwater runoff, including low impact design principles are effective;
vi) Whether and the extent to which the stormwater infrastructure within the subdivision, is able to link with existing disposal systems outside the subdivision;
vii) Whether and the extent to which the development meets the relevant stormwater provisions of section 6.0 of the Kaipara District Council Engineering Standards 2009;
viii) Whether there is a need for land to be set aside and vested in the Council as a site for any public utility required to be provided;
x) Whether there is provision of practical vehicular access from a public road to and along any area vested with Council for stormwater purposes;
ix) The need for and amount of any financial contributions in accordance with Part D: Chapter 22 Financial Contributions to achieve the above matters;
x) Whether the subdivision represents the best practicable option in respect of the provision that is made for the disposal of stormwater; and
xi) In tidal areas, allowance should be made for the effects of high tide, waves, storm surges and rising sea levels.
Note 1: General assessment of sections 1.0-10.0 inclusive of the Kaipara District Council Engineering Standards 2009 is undertaken as part of the assessment of the subdivision resource consent application and conditions relating to compliance with any of these standards may be applied to the consent as part of the engineering approval.

Performance Standard 12.15.6 Wastewater Disposal, Rural Zone.

(1) Where a Council reticulated sewerage system is available:
a) The written approval of Council’s asset manager is obtained and provided with the application to confirm that the Council sewerage system can be extended to serve the subdivision;
b) All allotments are provided, within their net site area, with a connection to the Council reticulate sewerage system;
c) The reticulated sewerage system is designed and constructed in accordance with the specific requirements of the Council sewerage system; and
d) All sewer pipelines vested with Council shall be protected by an Easement in favour of Council
(2) Where a community wastewater system is proposed, the system shall be designed in accordance with AS/NZS1547: 2008 “Onsite Wastewater Management Standards” and a resource consent shall be obtained from the Northland Regional Council for the discharge.
(3) Where no Council system is available, all allotments are provided, within their net site area, with
a) 1,500m2 area of land per household for wastewater disposal within the boundaries of the site. The area shall be clear of building sites, driveways and manoeuvring areas;
b) The applicant must demonstrate that an on-site disposal system meeting the requirements of the Regional Water and Soil Plan for Northland can be installed on each allotment. .
c) Applicants shall demonstrate that any effluent discharges comply with the requirements of the Regional Water and Soil Plan for Northland (or consent for discharges from the Northland Regional Council have been obtained).
Note 1: Effluent discharges may require consent under the Regional Water and Soil Plan for Northland. Applicants should contact the Northland Regional Council to determine whether or not a resource consent is required.
Note 2: Where parallel resource consent for effluent discharge is required from the Northland Regional Council, Kaipara District Council will seek to undertake joint processing of both applications, via delegated authority from the Northland Regional Council.
Assessment Criteria: Discretionary Activity
Council will have regard to the following matters when considering an application for resource consent under this Rule:
i) Whether the capacity, availability and accessibility of the reticulated system is adequate to serve the proposed subdivision;
ii) Whether and the extent to which there is sufficient land available for wastewater treatment and disposal on site;
iii) Whether the application includes the installation of all new reticulation, and complies with the provisions of section 7.0 of the Kaipara District Council Engineering Standards 2009;
iv) Whether the existing wastewater treatment and disposal system, to which the outfall will be connected, has sufficient capacity to service the subdivision;
v) Whether a reticulated system with a gravity outfall is provided, and where it is impracticable to do so, whether it is feasible to provide alternative individual pump connections (with private rising mains), or new pumping stations, complete pressure, or vacuum systems. Note: Council consent to install private rising mains within legal roads will be required under the Local Government Act;
vi) Where a reticulated system is not available, or a connection is impracticable, whether a suitable wastewater treatment or other disposal system is provided in accordance with regional Rules or a discharge system in accordance with regional Rules or a discharge permit issued by the Northland Regional Council;
vii) Where a reticulated system is not immediately available but is likely to be in the near future whether a temporary system is appropriate. Note: Consent notices may be registered against Certificates of Title requiring individual allotments to connect with the system when it does become available;
xii) Whether provision has been made by the applicant for monitoring mechanisms to ensure contaminants are not discharged to the environment from a suitable wastewater or other disposal system, together with any consent notices to ensure compliance;
xiii) The need for and extent of any financial contributions in accordance with Part D: Chapter 22 Financial Contributions to achieve the above matters.
viii) Whether there is a need for a local purpose reserve to be set aside and vested in Council as a site for any public wastewater utility for disposal or treatment purposes required to be provided;
ix) Whether there is the provision of practical vehicular access from a public road to and along any area vested with Council for waste water purposes; and
x) Whether the subdivision represents the best practicable option in respect of the provision that is made for the disposal of wastewater.
Note 1: General assessment of sections 1.0-10.0 inclusive of the Kaipara District Council Engineering Standards 2009 is undertaken as part of the assessment of the subdivision resource consent application and conditions relating to compliance with any of these standards may be applied to the consent as part of the engineering approval.

Performance Standard 13.13.6 Wastewater Disposal, Residential Zone.

As above with the following assessment criteria added:
xi) In tidal areas, allowance should be made for the effects of high tide, waves, storm surges and rising sea levels.

Performance Standard 14.13.6 Wastewater Disposal, Business Zone.

See 12.15.6 above.

Performance Standard 15B.14.6 Wastewater Disposal, Treaty Settlement Land.

See 12.15.6 above.