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.