1. Introduction - How to Use Plan
1
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1. Introduction - How to Use Plan
Decision Report
Report Series 1 – Introduction and How to Use This District Plan
Otorohanga Proposed District Plan
Report Prepared for:
Otorohanga District Council
Report Prepared by:
The Hearings Panel
March 2011
Report Groups:
Introduction
Report 1.1
General
Report 1.2
Plan Structure
Report 1.3
Government Responsibilities
Report 1.4
Cross Boundary Issues
Report 1.5
Iwi Consultation
Report 1.6
Notification
Report 1.7
Financial Contributions
Introduction – Amended Plan Provisions
Pg
3
3
5
6
8
9
9
10
How to Use This District Plan
Report 1.8
How to Use This District Plan
How to Use This District Plan – Amended Plan Provisions
Pg
13
Submitters:
•
•
•
•
•
•
Original Submitters
Mighty River Power Ltd (150)
Kawhia Harbour Protection Society Inc (50)
Environment Waikato (102)
Dr Shane Edwards (29)
NZ Transport Agency (105)
Otorohanga District Council Staff (70)
Further Submitters
• NZ Transport Agency (FS2.43)
• Kawhia Harbour Protection Society Inc (FS29.3)
• Raukawa Charitable Trust (FS20.309)
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1. Introduction - How to Use Plan
Report 1.1
Group: Introduction – General
150.5 (Mighty River Power Ltd):Insert a section into the Introduction so that it includes a more detailed explanation of
the relationship between the significant resource management issues, objectives, policies, rules and other methods with
the District Plan.
Reasons for Submission:
Mighty River Power supports the intent of this section but believes that it could be developed further to incorporate the
significant resource management issues at the front end of the Plan. They consider that the inclusion of a discussion on
the significant resource management issues, objectives, policies rules and other methods and how they all work would
provide clarity and certainty to the Plan and Plan users.
Council Discussion and Reasons:
The Introduction section provides a very brief introduction to the district and PDP. Issues and the relationship between
objectives, policies and rules are fully developed in each of the issues section of the PDP rather than in this introduction
section. As such, the introduction section is more mechanical than strategic in nature. Therefore it is not considered
appropriate to develop or repeat matters addressed in the Issues sections.
Decision:
1.
That submission 150.5 (Mighty River Power Ltd) be rejected.
Amendments to the PDP
No amendments are proposed to the PDP.
Report 1.2
Group: Introduction – Plan Structure
50.1 (Kawhia Harbour Protection Society Inc): Consistent use of the term “neighbourhood” to describe urban or town
situations. Exclude Rural Effects Area or alter “neighbourhood character” to “amenity values”.
105.1 (NZ Transport Agency): Retain provisions as notified.
105.2 (NZ Transport Agency): Retain provisions as notified, although:
• would like to see urban roads discussed in greater context than just for vehicles; and
• request that policies and associated rules are introduced that consider the direct and indirect effects any given
development may have on the safe and efficient functioning of the roading network, particularly arterial roads.
150.6 (Mighty River Power Ltd): Add the following sentence at the end of the Plan Structure section:
A specific zone has been identified on the Planning Maps 15 to recognise and provide for the activities, operations and
infrastructure associated with electricity generation at the Waipapa Core Site as well as the larger Waikato Hydro
Scheme. Therefore the District Plan adopts an approach which enables the efficient development, operation,
maintenance and upgrading of the Waipapa Core Site so as to effectively and efficiently contribute to meeting current and
future electricity needs."
Reasons for Submission:
The Kawhia Harbour Protection Society Inc considers that confusion arises from the descriptions in the Plan Structure
section, which apply key indicators to all Effects Areas. They consider the reference to existing neighbourhood qualities
should apply only to the Urban Effects Areas and Urban Limited Services Areas. They also consider that there is a lack of
reference to amenity values.
The NZTA supports the use of available infrastructure, presence of development and function of roads as neighbourhood
qualities. The key indicators of the existing Plan - or if amended, retain similar content. The NZ Transport Agency also
supports the inclusion of a roading hierarchy. They consider that the roading hierarchy is necessary to ensure each road
function at the level and for the purpose intended, as identified, and that the functions of the road are not compromised.
This in turn, not only improves the safe and efficient function of the main arterial routes, it helps maximise value for the
public money invested into these roads, consistent with the Government Policy Statement.
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1. Introduction - How to Use Plan
They suggest however that it may be useful to provide context around the form and function of these roads, particularly,
the urban roads, i.e. pedestrians, parking and cyclists. It would also be useful to consider provisions that recognise that
development can have indirect impacts on the safe and efficient functioning of roads even if the development is remote
from the affected road(s).
Mighty River Power supports the intent of this section but believes that it could be developed further to incorporate the
significant resource management issues at the front end of the Plan. The inclusion of a discussion on the significant
resource management issues, objectives, policies rules and other methods and how they all work would provide clarity
and certainty to the Plan and Plan users. They, also seek that a reference to a new zone applying to the Waipapa Core
site, proposed in other Mighty River Power submission sections, be referred to.
Council Discussion and Reasons:
The Introduction and Plan Structure section provides a very brief introduction to the District and PDP. Issues and the
relationship between objectives, policies and rules are fully developed in each of the issues section of the PDP rather
than in this Introduction section. The purpose of the Plan Structure is to provide reader a guide as to the layout of the
PDP and components that apply, including:
•
•
•
•
Zoning (Effects Areas);
Roading hierarchy;
Policy Areas
Hazard Areas and setbacks.
As such, it is more mechanical than strategic in nature. It is agreed, however, that this section could be modified to better
represent the references to key indicators in relation to the distinction between urban and rural areas, including a
reference to amenity. Alterations are made accordingly. In response to the submission by Kawhia Harbour Protection
Society Inc additional wording is included to place the reference to ‘amenity’ in context. While noting the comments in
regards to the roading hierarchy, this section briefly introduces the functions relevant to the District Plan and the plan
structure rather than developing any strategic or policy direction. Those matters are addressed in the Issues sections. It is
noted that the provisions of this section are altered in response to other submissions as outlined in this and following
reports, and to that extent the submission by NZ Transport Agency is accepted in part.
The matter of an additional zone (or Policy Area) for the Waipapa Core site is addressed in other reports. These reports
recommend the application of a Renewable Electricity Generation Policy Area over this site as well as a noise boundary
extending beyond the boundary (as shown on the Planning Map 15). It is therefore appropriate to include the Policy Area
and its purpose in this section as suggested by Mighty River Power.
Decision:
1. That submission 50.1 (Kawhia Harbour Protection Society Inc) and 105.1 (NZ Transport Agency) be accepted in part.
2. That submission150.6 (Mighty River Power Ltd) and 105.2 (NZ Transport Agency) be rejected.
Amendments to the PDP
1. That the Introduction section - Plan Structure second paragraph, be amended to read:
The Plan uses the availability of infrastructure, presence of development and the function of roads as the key
indicators of existing neighbourhood qualities of urban areas, and roading function, amenity, environment and
character as the key indicators of the rural and coastal areas. Accordingly three Effects Areas are identified and
shown on the planning maps, these are:
2. That the following be added after 3. Countryside Living Policy Area on page 2:
4. Renewable Electricity Generation Policy Area
This is an area identified on the Planning Maps 15 to recognise and provide for the activities, operations and
infrastructure associated with electricity generation at the Waipapa Core Site as well as the larger Waikato Hydro
Scheme. It provides an approach enabling the efficient development, operation, maintenance and upgrading of the
Waipapa Core Site so as to effectively and efficiently contribute to meeting current and future electricity needs. It is
also accompanied by a Waipapa noise control boundary (also on Map 15) to be used for noise sensitive activities
that may locate nearby.
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1. Introduction - How to Use Plan
Report 1.3
Group: Introduction – Government Responsibilities
102.2 (Environment Waikato): Add the Regional Land Transport Strategy to the list of regional council responsibilities
and ensure that the OPDP is consistent with the Proposed Regional Land Transport Strategy
• FS2.43 (NZ Transport Agency) – Support
102.3 (Environment Waikato):Add “the strategic integration of land use with infrastructure” to the functions of regional
councils (under the RPS)
150.7 (Mighty River Power Ltd):Amend the government responsibilities section so that it includes a more detailed
discussion of the statutory and non-statutory policy statements, plans and strategies that are to be considered by users
when using the plan.
Reasons for Submission:
Environment Waikato considers it appropriate that the list of regional council responsibilities should fully cover its
responsibilities in regard to the Regional Transport Strategy and strategic integration of land use with infrastructure. The
Waikato Regional Council is reviewing the Waikato Regional Transport Strategy (WDRTS) and a draft Waikato Regional
Transport Strategy (WDRTS) has been notified, and the submission period completed. The submitter notes that the
WDRTS includes an implementation plan for the Otorohanga and Waitomo sub-region.
Similarly Mighty River Power considers the Plan does not list or discuss the relevant plans and policy statements or other
non-statutory documents that may need to be considered when using the Plan. They consider a discussion of these
policy statements and plans would add clarity to the direction set by the District Plan and highlight to users of the Plan
other information that they may need to consider.
Council Discussion and Reasons:
This section of the PDP is to provide a brief outline of Government and Regional responsibilities. The PDP section 32
report contains a fuller description of the National Policy Statements (and Proposed) and the National Standards (and
Proposed) as well as Regional documents referred to in the preparation of the review. It is not necessary to duplicate all
documents referred to.
It is however appropriate to include some additional references to both the Central and Regional Government
responsibilities to provide some additional guidance. Amendments are made accordingly.
Decision:
1.
That submissions 102.2 and 102.3 (Environment Waikato), 150.7 (Mighty River Power Ltd) and further
submission FS2.43 (NZ Transport Agency) be accepted in part.
Amendments to the PDP
1. A clause 16 of the RMA amendment be made to Government Responsibilities section of the Introduction chapter to
read:
The Resource Management Act 1991 sets out the different functions and responsibilities of all levels of government
including central government departments, regional and district councils. Some of these responsibilities overlap and
each organisation has to address appropriate integration as part of its overall planning. These matters have been
taken into account in the District Plan.
2. That the Introduction section – Government Responsibilities second and third paragraphs, be amended to read:
Central Government is responsible for the preparation of national policy statements and national
environmental standards. District Plans are required to give effect to any national policy statements.
Council is responsible for administering and enforcing any national environmental standard. National Policy
Statements and National Environmental Standards include:
•
•
•
•
New Zealand Coastal Policy Statement (2010);
National Policy Statement for Freshwater Management (2011);
National Policy Statement Electricity Transmission (2008);
National Policy Statement for Renewable Electricity Generation (2011);
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1. Introduction - How to Use Plan
• National Environmental Standards For Telecommunications Facilities (2008);
• National Environmental Standards for Electricity Transmission (2010).
Regional Councils are responsible for the preparation of a Regional Policy Statement and regional and coastal
plans. District plans are required to give effect to any Regional Policy Statement and to not be inconsistent with a
Regional Plan. The functions of Regional Councils under the Act include:
•
•
•
•
•
•
•
Soil conservation;
Maintaining and enhancing water quality and quantity;
Avoiding / mitigating natural hazards;
Prevention / mitigation of adverse effects of hazardous substances;
Discharges of contaminants into or onto land, air, or water and discharges of water into water;
Regional Land Transport Strategy;
Strategic integration of land use with infrastructure.
Report 1.4
Group: Introduction – Cross Boundary Issues
102.4 (Environment Waikato): Retain section 1, 3, 5, 7 and 8 under the heading ‘Cross Boundary Issues’
102.5 (Environment Waikato):Amend section 2 under the heading ‘Cross Boundary Issues’ by including discussion on
the effects and need to adapt to climate change.
102.6 (Environment Waikato): Amend section 4 under the heading ‘Cross Boundary Issues’ by:
(i)
Replacing the term ‘vegetation’ with “biodiversity’; and
(ii)
Adding reference to the role of Waikato Regional Council in the management of indigenous biodiversity.
•
FS29.3 (Kawhia Harbour Protection Society Inc) - Support
102.7 (Environment Waikato):Replace the name ‘Environment Waikato’ in section 1 (and throughout the entire OPDP)
with ‘Waikato Regional Council’.
105.3 (NZ Transport Agency): Retain provisions as notified.
• FS20.309 (Raukawa Charitable Trust) -Support
150.8 (Mighty River Power Ltd):Add an additional cross boundary issue as follows:
“The Waipapa Core Site is located across a district boundary. The Otorohanga District Council recognises the need to
coordinate with adjacent territorial authorities to ensure planning policies and provisions are consistent and practicable.
150.9 (Mighty River Power Ltd): Amend Cross Boundary Issue 2 by inserting a new paragraph to read:
“While the District Plan maps have identified a River Hazard Zone for the Waikato River, it is recognised that further
coordination is required between Otorohanga District Council, Environment Waikato and neighbouring territorial
authorities to better manage and define the locations of river flooding, erosion and land instability along the Waikato
River.
Reasons for Submission:
Environment Waikato while generally supporting this section, identify concerns in relation to the relevance of the
management of biodiversity and climate change in relation to cross-boundary issues. They consider that the role of the
Regional Council in regard to Biodiversity should be highlighted in this section. The section includes reference to
indigenous vegetation and this should be broadened to include both indigenous flora and fauna. They also note that
Waikato Regional Council is the correct term for this authority. The effects of climate changes are recognized in the PDP,
in particular relation to natural hazards and the adoption of hazards setbacks and measures. It is appropriate that
reference is included to climate change in section 2.
Mighty River Power raise concerns around the lack of acknowledgement of (and hence provision for) the Waipapa
Electricity Generation Core Site, and cross boundary matters and the idea of a specific zone (“hydro zone”). The Waikato
Hydro Scheme spans over a number of territorial authority boundaries. While noting that Cross boundary issue 8
(Applications/Policy Proposals with Cross Boundary Implications) goes some way toward adding clarity and consistency
for applications for resources that are across two or more local authority boundaries, they consider specific recognition
should be given to Waipapa Site in this section.
NZ Transport Agency supports the provisions.
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1. Introduction - How to Use Plan
Council Discussion and Reasons:
As noted in the previous reports, this section is a brief outline of matters in respect to cross – boundary issues. The matter
of Biodiversity is addressed in a number of reports. The findings of these reports, is that the issue of Biodiversity, and in
particular Significant Natural Areas, requires additional work to be undertaken by Council, in association with Waikato
Regional Council. As noted in these other reports addressing this issue, the focus of Biodiversity Management in the PDP
is upon managing indigenous vegetation clearance. While noting that changes may well arise from further investigation it
is not appropriate at this stage to significantly alter this section. It is however appropriate that reference be made to the
issue of biodiversity and the roles of the Waikato Regional Council. Amendments to this section have been made
accordingly.
The cross-boundary Issues section relates to matters between adjoining territorial authorities (including) the regional
Council, rather than any specific individual companies, landowners or public bodies, who interests, land holding or assets
may cross the territorial authority boundary. The matter of an additional zone for the Waipapa Core site is addressed in
other reports. These reports recommend the application of a policy area over this site. It therefore appropriate to include
reference to Waipapa Core Site, as suggested by Mighty River Power. It is noted that section 2 (Natural Hazard
Management) does not refer to the management of the natural hazards on the Waikato River. It is appropriate that such a
reference be included.
Council has also decided to show the Te Tahi Water Supply area on the maps – which crosses the boundary with the
Waipa District Council (the Te Tahi Water Supply area serves that council area). Accordingly this also has been included
as a cross boundary matter.
Decision:
1.
That submissions 102.4 (Environment Waikato) and 102.7 (Environment Waikato) be accepted.
2.
That submissions 102.5 (Environment Waikato),102.6 (Environment Waikato), 105.3 (NZ Transport Agency), 150.9
(Mighty River Power Ltd) and further submissions FS29.3 (Kawhia Harbour Protection Society) Inc, 150.8 (Mighty
River Power Ltd) and FS20.309 (Raukawa Charitable Trust) be accepted in part.
Amendments to the PDP
1. That all references in the PDP to ‘Environment Waikato’ be altered to “Waikato Regional Council”.
2. That section 2. Natural Hazard Management of the Cross Boundary Introduction section be amended to read:
2. Natural Hazard Management
Waikato Regional Council worked with Otorohanga District Council to identify more clearly and map the natural
hazards in the vicinity of the township of Otorohanga. This greater detail defining locations for river flooding has
resulted in more precise district plan rules to avoid these hazards. Environment Waikato will be consulted when
applications are made for subdivision and development in low-lying areas potentially affected by river flooding.
Natural hazard management is a responsibility that crosses territorial authority boundaries and falls within the
responsibility of Regional Councils. Matters such as addressing the changing effects of, and need to adapt to,
climate change and the management of the natural hazards on the Waikato River require appropriate consultation
between, Otorohanga District Council, adjoining territorial authorities and the Waikato Regional Council.
3. That section 4. Indigenous Vegetation and Landscape of the Cross Boundary section of the Introduction chapter be
amended to read:
4. Indigenous Biodiversity and Landscape
Both Regional Councils and Territorial Authorities have responsibilities under the RMA to provide for indigenous
biodiversity.
The focus of biodiversity management in the District Plan is upon managing indigenous vegetation clearance. The
clearance or modification of indigenous vegetation in the Otorohanga District could potentially affect areas under the
control of other district and regional councils. The Otorohanga District Council will ensure that adjoining authorities
and the Regional Council are informed of all resource consent applications received for vegetation clearance.
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1. Introduction - How to Use Plan
The location of indigenous vegetation often coincides with areas of outstanding landscape. The criteria used to
assess landscape are not entirely consistent among the local authorities in the area as studies have been
undertaken at different times and by different experts. Undoubtedly there will be subdivision and development
proposals requiring cross-boundary discussion on landscape matters during the life of this Plan.
5. Waipapa Core site
The Waipapa Core Site is located across a district boundary. That portion in the Otorohanga District has a specific
Policy Area (Renewable Electricity Generation) over it. This provides for the efficient development, operation,
maintenance and upgrading of the Waipapa Core Site so as to effectively and efficiently contribute to meeting
current and future electricity needs. This is a national priority under the National Policy Statement for Renewable
Electricity Generation. Due to this and the importance of the site and its function, the Otorohanga District Council
recognises the need to coordinate with adjacent territorial authorities to ensure planning policies and provisions are
consistent and practicable.
6. Te Tahi Water Supply Area
The Te Tahi Water Supply Area is an area designed to protect the water supply (quantity and quality) for parts of the
Waipa District Council. Planning controls in the Waipa District Plan are imposed to ensure that any activity does not
adversely affect its function. As the Te Tahi Water Supply Area crosses the Waipa/Otorohanga District Council
boundary it is a cross boundary matter requiring the Otorohanga District Plan to show the Area and ensure its
sustainable management as a water supply area.
Report 1.5
Group: Introduction – Iwi Consultation
29.1 (Dr Shane Edwards): Add a comment that “ODC recognises Te Tiriti o Waitangi and the provisions of the Act with
giving regard and effect. The plan does this by...”
• FS20.50 (Raukawa Charitable Trust) - Support
Reasons for Submission:
Dr Shane Edwards raises concerns that this section does not refer to the need for Council’s to fulfil obligations in regard
to the Treaty of Waitangi.
Council Discussion and Reasons:
The Iwi Consultation section provides a brief outline as to how the Council and PDP recognises the role of the Tangata
Whenua as Kaitiaki, this is a particular focus of the Iwi/Relationship Framework adopted by Council. This approach is also
considered as one of the means to which Council fulfils its obligations in regard to the Treaty of Waitangi. It is agreed the
section should be amended as proposed by Dr Edwards to clarify this approach. Accordingly amendments to this section
have been made.
Decision:
1.
That submissions 29.1 (Dr Shane Edwards) be accepted.
Amendments to the PDP
1. That the first paragraph of the section Iwi Consultation of the Introduction, be amended to read as follows:
The Otorohanga District Council recognises the role of tangata whenua as Kaitiaki within their respective rohe.
Council is committed to developing relationships and working with Iwi Authorities mandated to represent tangata
whenua of the district. Council recognises the principles of the Treaty of Waitangi and intends for these principles to
guide Council in further developing relationships with tangata whenua of the District. This guidance is provided
through the Iwi/Maori Relationship Framework which has been adopted by Council.
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Report 1.6
Group: Introduction – Notification
50.5 (Kawhia Harbour Protection Society Inc): List circumstances where there is a presumption in favour of notification
at the end of each item in Section 25 Assessment Criteria for R.D and D.A. e.g. multi-lot subdivision in Rural Effects Area
particularly in the Landscape Policy Area and Coastal Policy Area.
Reasons for Submission:
The Kawhia Harbour Protection Society Inc consider that the PDP should provide guidance on circumstance under which
there is a presumption in favour of notification, in particular in the sensitive locations of the district.
Council Discussion and Reasons:
The RMA no longer provides the mandate for Plans to stipulate provisions to be non-notified. This was available prior to
the RMA (Simplifying and Streamlining Amendment) 2009. The RMA through direction set in the Act, provides Council the
discretion to notify or not. Where Council deems the effects to be more than minor then public notification is required.
This is to be done on a case by case basis. Therefore it is not appropriate to identify a circumstance where such an
approach of presumption would not prevail. The PDP provides a considerable regime of objectives, policies and
assessment criteria to determine effects. No changes to the provisions have been made..
Decision:
1.
That submission 50.5 (Kawhia Harbour Protection Society Inc) be rejected.
Amendments to the PDP
No amendments are proposed to the PDP.
Report 1.7
Group: Introduction – Financial Contributions
105.4 (NZ Transport Agency): Amend first bullet point to read:
“New roads, footpaths and cycle facilities, and safety improvements to existing roads and footpaths. Payment may be
required for a proportion of costs based on the developments share of new demand provided for by the new works.”
• FS26.1(Federated Farmers Of New Zealand) - None
Reasons for Submission:
NZ Transport Agency supports financial contributions for public works and services, particularly for new roads and
footpaths. They also consider it important that cycle facilities are also included as part of such a contribution.
Council Discussion and Reasons:
The section headed Circumstances and Amount of Contributions, specifies the purposes for which Financial
Contributions for public works and services may be imposed as a condition of either land use or subdivision consent. This
includes for
• New roads and footpaths, and safety improvements to existing roads. Payment may be required for a proportion
of costs based on the development’s share of new demand provided for by the new works.
Cycle facilities may be considered an appropriate part of such public works. It is also appropriate that safety
improvements to footpaths, to meet new demand, are also included. It is agreed that the provision be amended to include
reference to cycle facilities.
Decision:
1.
That submission 105.4 (NZ Transport Agency) be accepted.
Amendments to the PDP
1. That the first paragraph of the section headed Circumstances and Amount of Contributions of the Introduction chapter
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1. Introduction - How to Use Plan
be amended to read:
•
New roads, footpaths and cycle facilities, and safety improvements to existing roads and footpaths. Payment may
be required for a proportion of costs based on the developments share of new demand provided for by the new
works.
Introduction – Amended Plan Provisions
Plan Structure
The subdivision and land use chapters of the Plan are each structured around a series of questions. In applying these
questions to their proposal, the applicant uses them as the key to determine the relevant sections of the plan to refer to
and whether or not resource consent is required.
The Plan uses the availability of infrastructure, presence of development and the function of roads as the key indicators of
existing neighbourhood qualities of urban areas, and roading function, amenity, environment and character as the key
indicators of the rural and coastal areas. Accordingly three Effects Areas are identified and shown on the planning maps,
these are:
1.
The Urban Services Effects Area includes the majority of the Otorohanga Township where a full range of services
are available or can readily be made available to properties.
2.
The Urban Limited Services Effects Area includes those parts of the District which are urban in character and
lack at least one or more of the major services such as water supply or sewerage reticulation. The Urban Limited
Services Effects Area includes Kawhia, Aotea and parts of Otorohanga.
3.
The Rural Effects Area covers the remainder of the District.
The Policy Areas are:
4.
Renewable Electricity Generation Policy Area
This is an area identified on the Planning Maps 15 to recognise and provide for the activities, operations and
infrastructure associated with electricity generation at the Waipapa Core Site as well as the larger Waikato Hydro
Scheme. It provides an approach enabling the efficient development, operation, maintenance and upgrading of the
Waipapa Core Site so as to effectively and efficiently contribute to meeting current and future electricity needs. It is
also accompanied by a Waipapa noise control boundary (also on Map 15) to be used for noise sensitive activities
that may locate nearby.
Government Responsibilities
The Resource Management Act 1991 sets out the different functions and responsibilities of all levels of government
including central government departments, regional and district councils. Some of these responsibilities overlap and each
organisation has to address appropriate integration as part of its overall planning. These matters have been taken into
account in the proposed District Plan.
Central Government is responsible for the preparation of national policy statements and national environmental
standards. District Plans are required to give effect to any national policy statements. Council is responsible for
administering and enforcing any national environmental standard. National policy statements and national environmental
standards include:
•
•
•
•
•
•
New Zealand Coastal Policy Statement (2010);
National Policy Statement for Freshwater Management (2011);
National Policy Statement Electricity Transmission (2008);
National Policy Statement for Renewable Electricity Generation (2011);
National Environmental Standards For Telecommunications Facilities (2008);
National Environmental Standards for Electricity Transmission (2010).
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1. Introduction - How to Use Plan
Regional Councils are responsible for the preparation of a Regional Policy Statement and regional and coastal plans.
District plans are required to give effect to any Regional Policy Statement and to not be inconsistent with a Regional Plan.
The functions of Regional Councils under the Act include:
•
•
•
•
•
•
•
Soil conservation;
Maintaining and enhancing water quality and quantity;
Avoiding / mitigating natural hazards;
Prevention / mitigation of adverse effects of hazardous substances;
Discharges of contaminants into or onto land, air, or water and discharges of water into water;
Regional Land Transport Strategy;
Strategic integration of land use with infrastructure.
District Councils are responsible for controlling the effects of using, developing or protecting land and natural and
physical resources in their district. Functions include:
•
•
•
•
•
•
Avoiding / mitigating natural hazards;
Preventing / mitigating adverse effects of using, storing, disposing and transporting hazardous substances;
Preventing / mitigating adverse effects of developing, subdividing or using contaminated land;
Maintenance of indigenous biological diversity;
Controlling and mitigating the emission and effects of noise;
Controlling the effects of activities on the surface of lakes and rivers.
Council may control subdivision as a method to achieve its functions.
Cross Boundary Issues
Environmental issues can seldom be compartmentalised by geographical boundaries. There are numerous situations
where a resource management issue occurs across the administrative boundaries of two or more Councils. This is called
a cross boundary issue. It is important that this type of issue is dealt with in a co-ordinated way by the authorities
involved. Sometimes this means applicants must apply to more than one authority for consent, and coordination between
those authorities is necessary for integrated decisions.
The following issues are considered to be cross-boundary issues that need to be addressed in this
Plan:
1. Kawhia and Aotea Catchments
The Otorohanga District worked with Environment Waikato Regional Council, Waitomo and Waikato Districts as well as
the Department of Conservation and Federated Farmers in its review of the harbours and the land surrounding them.
This resulted in a collective vision called Shore Futures: Preferred Futures Report published in 2009. The community
consultation and expert reports which were commissioned for this strategic guide contributed to considerations of
landscape, cultural heritage, and natural character within this Plan. There is an on-going commitment from all these
organisations to support an integrated approach to the future of these areas.
2. Natural Hazard Management
Environment Waikato Regional Council worked with Otorohanga District Council to identify more clearly and map the
natural hazards in the vicinity of the township of Otorohanga. This greater detail defining locations for river flooding has
resulted in more precise district plan rules to avoid these hazards. Environment Waikato Regional Council will be
consulted when applications are made for subdivision and development in low-lying areas potentially affected by river
flooding.
Natural hazard management is a responsibility that crosses territorial authority boundaries and falls within the
responsibility of Regional Councils. Matters such as addressing the changing effects of, and need to adapt to, climate
change and the management of the natural hazards on the Waikato River require appropriate consultation between,
Otorohanga District Council, adjoining territorial authorities and the Waikato Regional Council.
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1. Introduction - How to Use Plan
3. Surface Water Activities
The boundary between Otorohanga District and its neighbours, Waipa and South Waikato Districts, often follows the
centrelines of lakes and rivers. The Otorohanga District Council recognises that all navigable rivers within the district are
subject to the provisions of the Waikato Regional Council Navigation Safety Bylaw 2009.
4. Indigenous Biodiversity Vegetation and Landscape
Both Regional Councils and Territorial Authorities have responsibilities under the RMA to provide for indigenous
biodiversity.
The focus of biodiversity management in the District Plan is upon managing indigenous vegetation clearance. The
clearance or modification of indigenous vegetation in the Otorohanga District could potentially affect areas under the
control of other district and regional councils. The Otorohanga District Council will ensure that adjoining authorities and
the Regional Council are informed of all resource consent applications received for vegetation clearance.
The location of indigenous vegetation often coincides with areas of outstanding landscape. The criteria used to assess
landscape are not entirely consistent among the local authorities in the area as studies have been undertaken at different
times and by different experts. Undoubtedly there will be subdivision and development proposals requiring crossboundary discussion on landscape matters during the life of this Plan.
5. Waipapa Core site
The Waipapa Core Site is located across a district boundary. That portion in the Otorohanga District has a specific Policy
Area (Renewable Electricity Generation) over it. This provides for the efficient development, operation, maintenance and
upgrading of the Waipapa Core Site so as to effectively and efficiently contribute to meeting current and future electricity
needs. This is a national priority under the National Policy Statement for Renewable Electricity Generation. Due to this
and the importance of the site and its function, the Otorohanga District Council recognises the need to coordinate with
adjacent territorial authorities to ensure planning policies and provisions are consistent and practicable.
6. Te Tahi Water Supply Area
The Te Tahi Water Supply Area is an area designed to protect the water supply (quantity and quality) for parts of the
Waipa District Council. Planning controls in the Waipa District Plan are imposed to ensure that any activity does not
adversely affect its function. As the Te Tahi Water Supply Area crosses the Waipa/Otorohanga District Council boundary
it is a cross boundary matter requiring the Otorohanga District Plan to show the Area and ensure its sustainable
management as a water supply area.
Iwi Consultation
The Otorohanga District Council recognises the role of tangata whenua as Kaitiaki within their respective rohe. Council is
committed to developing relationships and working with Iwi Authorities mandated to represent tangata whenua of the
district. Council has adopted recognises the Principles of the Treaty of Waitangi and intends for these principles to guide
Council in further developing relationships with tangata whenua of the District. This guidance is provided through the
Iwi/Maori Relationship Framework which has been adopted by Council set out below.
Remaining provisions Government Responsibilities continue as originally proposed.
Financial Contributions
Remaining provisions of Financial Contributions continue as originally proposed.
Circumstances and Amount of Contributions
Under the District Plan, a subdivider or developer of an existing lot is responsible for funding all work within its boundaries
relating to services directly required for the subdivision or development.
Financial contributions for public works and services may be imposed as a condition of either land use or subdivision
consent as set out below:
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1. Introduction - How to Use Plan
•
New roads, and footpaths and cycle facilities, and safety improvements to existing roads and footpaths.
Payment may be required for a proportion of costs based on the developments share of new demand
provided for by the new works.
•
Public water supply, sewage and stormwater collection, treatment and disposal. Payment may be required for
a proportion of costs based on the development’s share of new demand provided for by the new works.
Report 1.8
Group: How to Use This District Plan
70.1 (Otorohanga District Council Staff): Change reference to Appendix 16.
105.5 (NZ Transport Agency): Change reference from Appendix 15 to Appendix 16.
70.2 (Otorohanga District Council Staff)To add the following text after the words Countryside Living Access Road:
Countryside Living Access Roads are highlighted RED on Maps CSL1 and CSL2.
Reasons for Submission:
Otorohanga District Council Staff note that the text in step 2 currently refers to the Road Order Appendix as being
Appendix 15. The correct Appendix is Appendix 16. They also note that it is difficult to identify the roads, which are
Countryside Living Access Roads.
Council Discussion and Reasons:
The text in step 2 should refer to the correct Appendix. In response to other decisions that have been made the correct
appendix reference is now Appendix 14. This reference has been amended accordingly.
It is currently not clear from the text in step 2 that the Countryside Living Access Roads are identified with red highlighting
on the CSL Maps. This needs to be highlighted so that there is no confusion as to what roads CSLPA rules intended to
apply to. This is seen as a clause 16 of the RMA amendment.
Decision:
1.
That submissions 70.2 (Otorohanga District Council Staff), 105.5 (NZ Transport Agency), 70.1 (Otorohanga District
Council Staff) be accepted.
Amendments to the PDP
1. That point 1 of Step 2 Road Order in the How to Use this District Plan chapter be changed to read: "Identify the road
that vehicle access is to be obtained from and then go to Appendix 14 of the District Plan"
2. That point 2 of Step 2 in the How to Use this District Plan chapter be amended to read: If the property is located within
the Countryside Living Policy Area, you will need to identify whether the road is also identified as a Countryside
Living Access Road. Countryside Living Access Roads are highlighted red on Maps CSL1 and CSL2.
How to Use This District Plan – Amended Plan Provisions
Step 2 - Road Order
1.
Identify the road that vehicle access is to be obtained from and then go to Appendix 15 14 of the District Plan.
2.
Identify the Road Order that is assigned to that road.
(note – this will be either an Order 1, 2, 2A or 3 road).
If the property is located within the Countryside Living Policy Area, you will need to identify whether the
road is also identified as a Countryside Living Access Road. Countryside Living Access Roads are
highlighted red on Maps CSL1 and CSL2.
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