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.