PO Box 14001
Christchurch 8544
New Zealand
Telephone (+64 3) 358 5029
christchurchairport.co.nz
22 September 2023
Billie Marsh
Email: c/-
[FYI request #23948 email]
Dear Ms Marsh
OFFICIAL INFORMATION ACT 1982 (OIA) – REQUEST FOR INFORMATION - CHRISTCHURCH
INTERNATIONAL AIRPORT LIMITED (CIAL)
1.
We write further to our email of 28 August 2023, acknowledging receipt of your email of 25 August
2023 (via the third party public platform fyi.org.nz) in which you requested the following information
pursuant to the OIA:
“Please send me all correspondence, meeting notes, briefings, presentations shared with the Otago
Regional Council since over the last two years.” (the “
Request”)
2.
CIAL will provide you with the requested information where it is able. However, you will note within
this letter that it is occasionally unable to release requested information if it would prejudice or
disadvantage CIAL’s commercial activities. Before we answer your specific query, it may be helpful
to provide some context to this.
3.
The OIA permits an organisation to refuse to release requested information it holds if the withholding
of such information is necessary to enable the organisation to carry out its commercial activities or
negotiations without prejudice or disadvantage (s 9(2)(i) and s9(2)(j) OIA) provided that such
withholding is not outweighed in the circumstances by the public interest in making the specific
information available. For example, while it may be in the public interest to understand that CIAL is
investigating the feasibility of establishing an airport in Central Otago that does not mean CIAL must
share every detail of its plans, analysis, work or negotiations within specific work streams.
4.
As you may be aware, CIAL is a council-controlled trading organisation that has been specifically
established to operate and manage its business as an independent commercial undertaking for the
purposes of making a profit, and to follow generally accepted commercial practices and disciplines.
CIAL is not a public body collecting and spending public funds. It operates as a wholly commercial,
standalone entity. Due to the size and scale of those activities it is one of only three major airports
in New Zealand regulated under Part 4 of the Commerce Act 1986.
5.
As an airport, CIAL has a further overriding obligation under the Airport Authorities Act 1966, and
reinforced by the Civil Aviation Act 2023, to act as a commercial undertaking. It does so in a
commercially competitive environment both domestically and internationally, where its competitors
6.
are not under corresponding disclosure requirements. The proposed Central Otago Airport Project
(the
Project) is a complex commercial activity, acknowledged as being in competition with the
interests of other airports within New Zealand.
7.
With respect to your Request, we have identified 65 items as being within scope of your request
(attached). Some information has been withheld under Section 9(2)(a) of the OIA. We have identified
three email exchanges between third parties, other than CIAL, which relate to the proposed Otago
Regional Policy Statement and which have been identified by them as confidential and privileged.
These have been withheld under section 9(2)(ba)(i) of the OIA. In order to respond to your query
within the timeframe, we have considered administrative information relating to rates and existing
as being beyond the scope of your request, noting these would likely be withheld under sections 9
(2)(i) and 9(2)(j) of the OIA.
8.
There are two further email exchange which we need to consult with the other party to before a
decision to release is taken. We expect to release our decision by 29 September 2023. Given the
volume of material within scope of the request, we have made the decision to release the majority
of material now, rather than extend the deadline while consultation occurs relating to two email
exchanges.
9.
We trust we have answered your requests for information. If you require any further information or
we have in some way misinterpreted your requests, please let us know.
10. You have the right to seek an investigation and review by the Ombudsman of the decisions contained
in this letter. Information about how to contact the Ombudsman or make a complaint is available at
www.ombudsman.parliament.nz or freephone 0800 802 602.
Yours sincerely
CIAL LEGAL TEAM
Email: [Christchurch International Airport Limited request email]
From:
Amy Hill
Sent:
Friday, 3 September 2021 9:34 am
To:
[email address]
Cc:
Jo Appleyard
Subject:
Submission on Proposed Otago Regional Policy Statement
Attachments:
CIAL_submission_on_proposed_ORPS.pdf
Mōrena
We act for Christchurch International Airport Limited (CIAL). Please find attached CIAL’s submission
on the proposed Otago Regional Policy Statement.
Ngā mihi
Amy
AMY HILL (she/her)
SENIOR SOLICITOR
Chapman Tripp
D:
M:
LEGAL ADMINISTRATOR:
www.chapmantripp.com
1
From:
Amy Hill
Sent:
Wednesday, 15 September 2021 8:47 am
To:
[email address]
Cc:
Jo Appleyard
Subject:
RE: Submission Receipt - Proposed Otago Regional Policy Statement
Mōrena
Thank you for the below email. Could we please record some corrections:
The contact person should be recorded as Jo Appleyard / Amy Hill (there is a typo in the name
recorded below).
And if it is only possible to have one contact email on record, could you please use my email address
@chapmantripp.com)?
Thank you
Amy
AMY HILL (she/her)
SENIOR SOLICITOR
Chapman Tripp
D:
M:
LEGAL ADMINISTRATOR:
www.chapmantripp.com
From: RPS <[email address]>
Sent: Tuesday, 14 September 2021 4:10 PM
To: Jo Appleyard
@chapmantripp.com>
Subject: Submission Receipt - Proposed Otago Regional Policy Statement
RE: Proposed Otago Regional Policy Statement 2021, Submission of Christchurch International Airport Limited
(CIAL)
Kia Ora,
This is confirmation of receipt of a submission on the proposed Otago Regional Policy Statement 2021.
You have received this communication as you are recorded as being the Address for Service contact person for this
submission.
Your submission has been recorded with the following key reference details:
Submitter
Submitter Name
Christchurch International Airport Limited (CIAL)
Your unique Submission
Reference Number is
307
1
You indicated that you will Appear at a hearing in support of your submission.
Address for Service - Note: only one ‘address for service’ per submission can be recorded.
Contact Person
Amy Tripp
Method for Service
Email
NOTE: Email is our preferred method.
Address for Service
@chapmantripp.com
Please advise us as soon as possible at [email address] if any of the details above are incorrect.
NEXT STEPS*:
SoDR: ORC has registered all submissions received and started working on producing a “Summary of Decisions
Requested” report. Timing is ‘as soon as possible’ but an exact time is uncertain as it depends on the number, size
and complexity of submissions received. Nonetheless, we hope to have this completed in about 6 weeks.
Further Submissions: When the SoDR report is available for inspection we will notify you (using the details recorded
above) of where it can be viewed. Submitters will then have an opportunity (of not more than 10 working days) to
make a “Further Submission” which may only be in support of or opposition to decisions requested by others, (see
Clauses 7, 8 & 8A of the First Schedule to the Resource Management Act 1991), notice of which must also be served
on those other submitters. The SODR will include a list of all submitters Address for Service details to facilitate this.
Document Transfer: After receiving Further Submissions, ORC will produce a “Summary of Decisions Requested and
Further Submissions” and provide it, along with all other relevant documentation to the Office of the Chief
Freshwater Commissioner. This all must be completed within 6 months of notification (see RMA S80A(4)), which in
practical terms means the document transfer has to occur before the Christmas break.
Hearings: From the point of document transfer, the Office of the Freshwater Commissioner will take control of the
process and make arrangements for hearings, including the formation of a hearings panel. We currently anticipate
hearings commencing in the first quarter of 2022.
*Information is correct at the time of writing, but can change - Stay up to date with the process at
www.orc.govt.nz/RPS
2
From:
Anita Dawe <
@orc.govt.nz>
Sent:
Thursday, 14 April 2022 2:35 pm
To:
Hearing Administrator
Subject:
Minute 3 and Directions
Follow Up Flag:
Follow up
Flag Status:
Flagged
Dear Submitter
On behalf of the Freshwater Hearings Panel , Minute 3 and Directions has been issued today. It is available at
Proposed RPS 21 Hearing (orc.govt.nz)
Thanks
Anita Dawe
ACTING GENERAL MANAGER POLICY AND SCIENCE
P
| M
@orc.govt.nz
www.orc.govt.nz
Important notice
This email contains information which is confidential and may be subject to legal privilege. If you are not the intended recipient, you must not peruse, use,
disseminate, distribute or copy this email or attachments. If you have received this in error, please notify us immediately by return email or telephone (03 474-
0827) and delete this email. The Otago Regional Council accepts no respons bility for changes made to this email or to any attachments following the original
transmission from its offices. Thank you.
From:
Hearing Administrator <[email address]>
Sent:
Thursday, 21 April 2022 4:09 pm
To:
Simon Anderson
Subject:
RE: Proposed Otago Regional Policy Statement 2021
Attachments:
2022-04-20 - memorandum for hearings panel.pdf
Dear Parties
Counsel for the Otago Regional Council filed the attached memorandum with the Freshwater Hearings Panel
yesterday.
The Panel has asked that all parties are advised that the panel of commissioners have read the memorandum of 20
April from counsel for the council, and approve the delay of 1 week for issuing of the s42A report.
For the Hearings Panel
Hearings administrator
From: Simon Anderson <
@rossdowling.co.nz>
Sent: Wednesday, 20 April 2022 2:23 p.m.
To: Hearing Administrator <[email address]>; Anita Dawe <
@orc.govt.nz>
Subject: Proposed Otago Regional Policy Statement 2021
I attach a memorandum for the Hearings Panel.
Regards,
Simon Anderson Partner
ROSS DOWLING MARQUET GRIFFIN
B A R R I S T E R S A N D S O L I C I T O R S
Second Floor, Savoy Building, 50 Princes Street, Dunedin 9016
PO Box 1144, Dunedin 9054
Phone:
Cell:
Web: www.rossdowling.co.nz
FRAUD WARNING: Fraud attempts are increasing, and law firms and their clients are targeted. Never make any payment in
reliance on bank account information in an email or a phone call. Our trust account is loaded as a payee on online banking
platforms. All payments to us should be made using that method. Alternatively, you can verify our account details by telephoning
a person at our firm who you know and will recognise. If doing so you should not rely on any telephone number in an email or
given by a caller requesting payment. IF IN DOUBT DO NOT PAY.
COVID-19: Our offices are open by appointment only. Attendees must wear a mask, observe social distancing and have a Vaccine
Pass available for inspection at reception. Alternatively, we can host meetings via all commonly used virtual meeting platforms
(Teams, Zoom etc).
CONFIDENTIAL: This email is confidential and may be legally privileged. If you are not the intended recipient, please notify me
by return email, delete your copy and accept my apology for any inconvenience.
1
BEFORE THE FRESHWATER HEARINGS PANEL CONVENED BY THE CHIEF
FRESHWATER COMMISSIONER
IN THE MATTER
of the Proposed Otago Regional Policy Statement
2021
MEMORANDUM ON BEHALF OF THE OTAGO REGIONAL COUNCIL
Dated 20 April 2022
ROSS DOWLING MARQUET GRIFFIN
Telephone:
(03) 477 8046
SOLICITORS
Facsimile:
(03) 477 6998
DUNEDIN
PO Box 1144, DX YP80015
Solicitor: SJ Anderson
SJA-266090-1095-316-V1
From:
Amy Hill
Sent:
Monday, 16 May 2022 2:22 pm
To:
[email address]; [email address]
Cc:
Jo Appleyard; Annabelle Lee
Subject:
Otago Regional Policy Statement - change of contact for CIAL
Tēnā koutou
I am writing to advise of a change of contact details for Christchurch International Airport Limited
(submitter on the proposed Otago Regional Policy Statement).
Could you please update the contact email address to:
@chapmantripp.com /
@chapmantripp.com
Thank you
Amy
AMY HILL (she/her)
SENIOR SOLICITOR
Chapman Tripp
D:
M:
LEGAL ADMINISTRATOR:
www.chapmantripp.com
From: Anita Dawe <
@orc.govt.nz>
Sent: Wednesday, 4 May 2022 5:49 PM
To: RPS <[email address]>
Subject: Release of s42A Reports
Dear Parties,
You are receiving this email because you have submitted on the proposed Otago Regional Policy Statement.
In accordance with Minute 3, please be advised the S.42a reports have been uploaded on to the pORPS Hearings
Page on the ORC website. You can find them here – Section 42A Hearing Report (orc.govt.nz)
If you have any questions, please direct them to [email address]
Kā mihi nui
Anita
Anita Dawe
ACTING GENERAL MANAGER POLICY AND SCIENCE
P
| M
@orc.govt.nz
1
www.orc.govt.nz
Important notice
This email contains information which is confidential and may be subject to legal privilege. If you are not the intended recipient, you must not peruse, use,
disseminate, distribute or copy this email or attachments. If you have received this in error, please notify us immediately by return email or telephone (03 474-
0827) and delete this email. The Otago Regional Council accepts no respons bility for changes made to this email or to any attachments following the original
transmission from its offices. Thank you.
2
From:
Hearing Administrator <[email address]>
Sent:
Friday, 20 May 2022 4:59 pm
Subject:
Proposed Otago RPS - Pre-hearing Discussions
Dear Parties,
You are receiving this email because you have submitted on the proposed Otago Regional Policy
Statement.
Proposed Otago Regional Policy Statement 2021 – Pre-Hearing Consultation
In its minute of 14 April 2022, the Hearings Panel directed a delayed timetable for the preparation and filing
of evidence, and commencement of hearings. The Panel also directed that parties make use of the extra
time created by the delay to engage in meaningful negotiations to settle or at least narrow matters in dispute.
To that end the Council proposes a series of topic based facilitated meetings.
These meetings are to provide an initial opportunity to clarify positions, narrow differences and, in some
instances, resolve points raised by submissions. The meetings will be conducted on a without prejudice basis
to enable free and frank discussion. Any agreements reached will be recorded in writing, signed, reported
to the Panel, and posted on the hearing’s website.
If you wish to participate, then please go to the form here at the following link and fill in the appropriate
topic boxes and submit the form before 5pm on Friday 27 May
2022. https://form.jotform.com/221377895812062
The topics are:
Report Topic
1
Introduction and common theme
2
Submissions on Part 1
3
Interpretation
4
MW – Mana whenua
5a
SRMR
5b
RMIA
6
IM – Integrated management
7
AIR – Air
8
CE – Coastal environment
9a
LF-WAI – Te Mana o te Wai
9b
LF-VM – Visions and
management
9c
LF-FW – Freshwater
9d
LF-LS – Land and soils
1
10
ECO – Ecosystems and
indigenous biodiversity
11a
EIT-EN – Energy
11b
EIT-INF – Infrastructure
11c
EIT-TRAN – Transport
12a
HAZ-NH – Natural hazards
12b
HAZ-CL – Contaminated land
13a
HCV-WT – Wāhi tūpuna
13b
HCV-HH – Historic heritage
14
NFL – Natural features and
landscapes
15
UFD – Urban form and
development
16
EMON – Evaluation and
monitoring
Please note that you may only join meetings on topics you submitted on.
Taking account of which submitters elect to participate in discussion on each topic, the Council will then set
a timetable for meetings. It is expected that meetings will occur during the period between 13 June 2022
and 1 July 2022. It is anticipated that there will be further discussions between the Council and submitters
as the hearing process unfolds.
Referencing Update to Section 42A Chapter 11
Could you also note that the Section 42A Chapter 11 on the website has had an update to address a
sequencing error in some paragraph and chapter numbers. There have been no amendments to the text of
the Section 42A Chapter 11.
Kā mihi nui
Hearings Administrator
2
From:
[email address] <[email address]>
Sent:
Wednesday, 25 May 2022 3:04 pm
To:
Jo Appleyard
Subject:
We have received your response for RPS Pre-Hearing Consultation Registration
Form
M
RPS Pre-Hearing Consultation Registration Form
m
m
Kia ora,
Thank you for your pORPS Pre-Hearing consultation registration.
The Hearings Administrator wil be in contact about pre-hearing meetings that are expected to
occur during the period between 13 June 2022 and 1 July 2022.
Please find a copy of your registration below.
Submitter ID:
0307
Submitter name(s):
Christchurch International Airport Limited
Representative name:
Jo Appleyard
Representative email
@chapmantripp.com
address:
Representative contact
phone number:
Please confirm you're able
to attend any pre-hearing Yes
discussions online.
01 Introduction and
common theme
No
02 Submissions on Part 1 No
03 Interpretation
Yes
1
Please nominate al
attendees (Title/Names & Jo Appleyard
Email address).
04 MW – Mana whenua
No
05a Submissions on Part 2
-SRMR
No
05b Submissions on Part 2
- RMIA
No
06 IM – Integrated
management
No
07 AIR – Air
No
08 CE – Coastal
environment
No
09a LF-WAI – Te Mana o
te Wai
No
09b LF-VM – Visions and
management
No
09c LF-FW – Freshwater No
09d LF-LS – Land and soils No
10 ECO – Ecosystems and
indigenous biodiversity
No
11a EIT-EN – Energy
No
11b EIT-INF –
Infrastructure
Yes
Please nominate al
attendees (Title/Names & Jo Appleyard
Email address).
11c EIT-TRAN – Transport No
12a HAZ-NH – Natural
hazards
No
12b HAZ-CL –
Contaminated land
No
2
13a HCV-WT – Wāhi
tūpuna
No
13b HCV-HH – Historic
heritage
No
14 NFL – Natural features
and landscapes
No
15 UFD – Urban form and
development
No
16 EMON – Evaluation and
monitoring
No
If you have any queries, please email us at [email address].
Ngā mihi,
Otago Regional Council
M
m
m
www.orc.govt.nz
3
From:
Hearings Administrator <[email address]>
Sent:
Friday, 27 May 2022 6:38 pm
Subject:
Proposed Otago RPS - Minute from the Panel
Attachments:
Proposed Otago RPS - Panel Minute 4.pdf
Dear Parties,
You are receiving this email because you have submitted on the proposed Otago Regional Policy
Statement.
Attached is Minute 4 from the Panel.
Kind regards
Hearings Administrator
1
Otago Regional Council
Proposed Otago Regional Policy Statement 2021
FOUTH MINUTE and DIRECTIONS OF HEARINGS PANEL
On preparation for hearing of submissions
Minute 4
1. On 14 April 2022, the Panel issued its third Minute and Directions (Minute 3) which included,
at paragraph 13, revised preparation and hearings commencement dates. These revised
dates were in response to our consideration of memoranda from parties sought in Minute 2.
Minute 2 canvassed some possible approaches to maintain momentum for the hearing
pending the timing and outcome of the High Court decision concerning the status of the
pORPS as a freshwater planning instrument.
2. Minute 3 established dates for a number of upcoming key tasks in the hearing process, but
not all. In reviewing these revised dates, the Council has noted that some of the events are
now out of sequence. We agree and this Minute responds to this issue.
3. The following are the updated preparation and hearings commencement dates and replace
those advised in previous Minutes:
a) Confirmation of wish to be heard be filed by 5pm 3 June 2022
b)
29 July 2022
c) All evidence in chief to be posted on the Council website by 5 August 2022
d) All rebuttal evidence to be filed by 5pm 26 August 2022
e) All rebuttal evidence to be posted on the Council website by 2 September 2022
f) Application for leave to cross-examine any witness to be filed by 5pm 9 September
2022
g) Indication of expert conferencing to be filed by 5pm 9 September 2022
h) Hearings to commence on 19 September 2022
4. Dates for council evidence in reply, parties closing submissions and
submission will be confirmed upon commencement of the hearing.
For the panel,
Judge Laurie Newhook,
Chair and Chief Freshwater Commissioner.
27 May 2022
From:
Hearings Administrator <[email address]>
Sent:
Friday, 3 June 2022 9:11 am
Subject:
pORPS Key date today
Importance:
High
Good morning all,
Just a reminder, as per the Minute #4 from the Panel (in below link), 5pm today is the deadline to indicate if you
wish to be heard at the hearing.
proposed-otago-rps-panel-minute-4.pdf (orc.govt.nz)
Kind regards
Lisa
1
Subject:
EIT - Infrastructure
Location:
zoom invite to follow
Start:
Mon 4/07/2022 1:30 pm
End:
Mon 4/07/2022 5:00 pm
Recurrence:
(none)
Organizer:
Hearings Administrator
Kia ora,
You are receiving this calendar invite because you have indicated you wish to participate in the pORPS pre-hearing
discussion for the topic indicated in the subject line above. Key information for the session is set out below.
Online link
These discussions will be online only, and next week you will receive a zoom link for participation. If you have
multiple attendees, we ask that where possible you sign into the session using one link. This will help our facilitator
in running the session and facilitate more meaningful discussion.
Agenda
An agenda will be circulated prior to the discussion. This will also cover key expectations for the discussion.
Shared discussion template
A link to a template for all participants in this topic will be sent in the next few days. We would appreciate you
noting the areas which you wish to discuss. This will help the discussion progress meaningfully to narrow points of
difference, or acknowledge areas of agreement etc. If you do wish fill in the template, we ask that you complete
this one full working day before the scheduled session.
If you have any questions, please contact the hearings administrator by email -
[email address]
1
Subject:
FW: EIT - Infrastructure
Location:
zoom invite to follow
Start:
Mon 4/07/2022 1:30 pm
End:
Mon 4/07/2022 5:00 pm
Recurrence:
(none)
Organizer:
Hearings Administrator
Hi,
Here is the invite for the ORPS session on Infrastructure.
I will also forward you a separate one I received on definitions but I suspect you don’t need to attend
both so I will iron that out.
I will also make sure they send you the Zoom link too.
-----Original Appointment-----
From: Hearings Administrator <[email address]>
Sent: Monday, 6 June 2022 2:54 PM
To: Hearings Administrator;
Jo Appleyard;
Subject: EIT - Infrastructure
When: Monday, 4 July 2022 1:30 PM-5:00 PM (UTC+12:00) Auckland, Wellington.
Where: zoom invite to follow
Kia ora,
You are receiving this calendar invite because you have indicated you wish to participate in the pORPS pre-hearing
discussion for the topic indicated in the subject line above. Key information for the session is set out below.
Online link
These discussions will be online only, and next week you will receive a zoom link for participation. If you have
multiple attendees, we ask that where possible you sign into the session using one link. This will help our facilitator
in running the session and facilitate more meaningful discussion.
Agenda
An agenda will be circulated prior to the discussion. This will also cover key expectations for the discussion.
Shared discussion template
A link to a template for all participants in this topic will be sent in the next few days. We would appreciate you
noting the areas which you wish to discuss. This will help the discussion progress meaningfully to narrow points of
difference, or acknowledge areas of agreement etc. If you do wish fill in the template, we ask that you complete
this one full working day before the scheduled session.
If you have any questions, please contact the hearings administrator by email -
[email address]
2
From:
Hearings Administrator <[email address]>
Sent:
Friday, 10 June 2022 1:45 pm
To:
Jo Appleyard
Subject:
Re: pORPS - Pre-hearing discussions 03-Interpretation
Hi Jo,
Thanks for letting me know. You have been removed from the Interpretations pre-hearing discussion
attending list.
I have added Rhys Boswell to the pre-hearing discussion and added him to the contact list for that topic.
Regards,
Hearings Administrator
[email address]
From: Jo Appleyard <
@chapmantripp.com>
Sent: 08 June 2022 5:31 PM
To: Hearings Administrator <[email address]>
Cc:
@cial.co.nz <
@cial.co.nz>
Subject: RE: pORPS - Pre-hearing discussions 03-Interpretation
Thank you.
On the basis that the definition of “regionally significant infrastructure” will be dealt with in the EIT-
INF session on 4 July we don’t need to attend the definitions topic discussion.
Could you please include Rhys Boswell from Christchurch International Airport Limited in your future
emails for the EIT-INF discussion topic? I have copied him on this email.
JO APPLEYARD
PARTNER
Chapman Tripp
D:
M:
LEGAL ADMINISTRATOR:
www.chapmantripp.com
From: Hearings Administrator <[email address]>
Sent: Thursday, 2 June 2022 10:15 PM
To: Jo Appleyard <
@chapmantripp.com>
Subject: pORPS - Pre-hearing discussions 03-Interpretation
1
Good evening,
You have registered for the pre-hearing discussion – 03 Interpretations on behalf of Christchurch International
Airport Limited.
We note that your submission points on this topic relate to the following definitions. We wish to draw your
attention to the fact these definitions are dealt within the s.42 reports indicated below. The discussion on these
definitions will occur within the relevant pre-hearing topic discussion, which you have already registered for.
Definition submission point
Relevant S.42 report
Registration received for topic
regionally significant infrastructure
EIT-INF
Yes
Can you please confirm that you still wish to participate in the 03 – Interpretations pre-hearing discussions?
Kind regards
Hearing Administrator
Disclaimer
This email is intended solely for the use of the addressee and may contain information that is confidential or subject to legal
professional privilege. If you receive this email in error please immediately notify the sender and delete the email.
2
From:
Hearings Administrator <[email address]>
Sent:
Wednesday, 15 June 2022 2:54 pm
To:
Cc:
Subject:
Re: Interpretations - Pre-hearing discussion pORPS
Attachments:
Run sheet 03 Interpretations.docx
Hi,
Please note that I have updated the calendar invite with the run sheet (also attached) and this is a good
chance to add to the agenda if you have some points you wish to discuss.
This is the link to a shared document for all participants in this
topic: https://otagorc.sharepoint.com/:w:/s/PORPS21Pre-
hearingdiscussions/EYTbf47QSAVJuLLBJwyqa UB5upbgolKRGP4aAAXwZsBxA
Regards,
Hearings Administrator
[email address]
From: Hearings Administrator
Sent: 03 June 2022 8:27 PM
To:
1
Cc:
Subject: Interpretations - Pre-hearing discussion pORPS
When: 16 June 2022 12:30-15:30.
Where: Zoom
** Attaching Run Sheet **
Kia ora,
You are receiving this calendar invite because you have indicated you wish to participate in the pORPS pre-hearing
discussion for the topic indicated in the subject line above.
Key information for the session is set out below.
Please find the pre-hearing process for discussion and the run sheet attached to this calendar invite.
This is the link to a shared document for all participants in this topic:
https://otagorc.sharepoint.com/:w:/s/PORPS21Pre-
hearingdiscussions/EYTbf47QSAVJuLLBJwyqa UB5upbgolKRGP4aAAXwZsBxA
We would appreciate you noting the areas which you wish to discuss. This will help the discussion progress
meaningfully to narrow points of difference, or acknowledge areas of agreement etc. If you do wish to add to this
document, we ask that you complete this one full working day before the scheduled session. Please check your
spam/junk folder if you don't receive the code promptly. Email the Hearings Administrator if you have issues
accessing the document.
The agenda and run sheet will be sent out closer to the meeting time.
Please find the zoom link for this meeting below:
Topic: Interpretations - Pre-hearing discussion pORPS
Time: Jun 16, 2022 12:30 PM Auckland, Wellington
Join Zoom Meeting
https://otagorc.zoom.us/j/89277594379?pwd=Qmw0UXBqTnVUWjdybC9rcHJ6eStRQT09
Meeting ID: 892 7759 4379
Passcode: 791544
One tap mobile
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2
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3
From:
Hearings Administrator <[email address]>
Sent:
Thursday, 16 June 2022 10:05 am
To:
Jo Appleyard
Subject:
Re: pORPS - Pre-hearing discussions 03-Interpretation
Hi,
Yes I have noted that you will not be attending, however, every time I am instructed to send an update, it
gets sent to everyone who was INITIALLY invited (whether they have declined or accepted). So you keep
getting reminded. My apologies for the confusion.
Please just disregard any calendar notifications or updates for pre-hearing discussions that you will not be
attending.
Regards,
Hearings Administrator
[email address]
From: Jo Appleyard
@chapmantripp.com>
Sent: 16 June 2022 9:51 AM
To: Hearings Administrator <[email address]>
Subject: RE: pORPS - Pre-hearing discussions 03-Interpretation
Hi
I have received the invite for the Interpretations discussion today.
I had understood from the email exchange below that the topic was to be discussed in the ENT-INF
session on 4 July.
Can you please confirm whether I need to attend today ( I had assumed I wouldn’t be).
JO APPLEYARD
PARTNER
Chapman Tripp
D:
M:
LEGAL ADMINISTRATOR:
www.chapmantripp.com
From: Hearings Administrator <[email address]>
Sent: Friday, 10 June 2022 1:45 PM
To: Jo Appleyard <
@chapmantripp.com>
Subject: Re: pORPS - Pre-hearing discussions 03-Interpretation
Hi Jo,
1
Thanks for letting me know. You have been removed from the Interpretations pre-hearing discussion
attending list.
I have added Rhys Boswell to the pre-hearing discussion and added him to the contact list for that topic.
Regards,
Hearings Administrator
[email address]
From: Jo Appleyard <
@chapmantripp.com>
Sent: 08 June 2022 5:31 PM
To: Hearings Administrator <[email address]>
Cc:
@cial.co.nz
@cial.co.nz>
Subject: RE: pORPS - Pre-hearing discussions 03-Interpretation
Thank you.
On the basis that the definition of “regionally significant infrastructure” will be dealt with in the EIT-
INF session on 4 July we don’t need to attend the definitions topic discussion.
Could you please include Rhys Boswell from Christchurch International Airport Limited in your future
emails for the EIT-INF discussion topic? I have copied him on this email.
JO APPLEYARD
PARTNER
Chapman Tripp
D:
M:
LEGAL ADMINISTRATOR:
www.chapmantripp.com
From: Hearings Administrator <[email address]>
Sent: Thursday, 2 June 2022 10:15 PM
To: Jo Appleyard <
@chapmantripp.com>
Subject: pORPS - Pre-hearing discussions 03-Interpretation
Good evening,
You have registered for the pre-hearing discussion – 03 Interpretations on behalf of Christchurch International
Airport Limited.
We note that your submission points on this topic relate to the following definitions. We wish to draw your
attention to the fact these definitions are dealt within the s.42 reports indicated below. The discussion on these
definitions will occur within the relevant pre-hearing topic discussion, which you have already registered for.
2
Definition submission point
Relevant S.42 report
Registration received for topic
regionally significant infrastructure
EIT-INF
Yes
Can you please confirm that you still wish to participate in the 03 – Interpretations pre-hearing discussions?
Kind regards
Hearing Administrator
Disclaimer
This email is intended solely for the use of the addressee and may contain information that is confidential or subject to legal
professional privilege. If you receive this email in error please immediately notify the sender and delete the email.
Disclaimer
This email is intended solely for the use of the addressee and may contain information that is confidential or subject to legal
professional privilege. If you receive this email in error please immediately notify the sender and delete the email.
3
From:
Hearings Administrator <[email address]>
Sent:
Thursday, 2 June 2022 10:15 pm
To:
Jo Appleyard
Subject:
pORPS - Pre-hearing discussions 03-Interpretation
Good evening,
You have registered for the pre-hearing discussion – 03 Interpretations on behalf of Christchurch International
Airport Limited.
We note that your submission points on this topic relate to the following definitions. We wish to draw your
attention to the fact these definitions are dealt within the s.42 reports indicated below. The discussion on these
definitions will occur within the relevant pre-hearing topic discussion, which you have already registered for.
Definition submission point
Relevant S.42 report
Registration received for topic
regionally significant infrastructure
EIT-INF
Yes
Can you please confirm that you still wish to participate in the 03 – Interpretations pre-hearing discussions?
Kind regards
Hearing Administrator
Subject:
Interpretations - Pre-hearing discussion pORPS
Start:
Thu 16/06/2022 12:30 pm
End:
Thu 16/06/2022 3:30 pm
Recurrence:
(none)
Organizer:
Hearings Administrator
Kia ora,
You are receiving this calendar invite because you have indicated you wish to participate in the pORPS pre-hearing
discussion for the topic indicated in the subject line above. Key information for the session is set out below.
Online link
These discussions will be online only, and next week you will receive a zoom link for participation. If you have
multiple attendees, we ask that where possible you sign into the session using one link. This will help our facilitator
in running the session and facilitate more meaningful discussion.
Agenda
An agenda will be circulated prior to the discussion. This will also cover key expectations for the discussion.
Shared discussion template
A link to a template for all participants in this topic will be sent in the next few days. We would appreciate you
noting the areas which you wish to discuss. This will help the discussion progress meaningfully to narrow points of
difference, or acknowledge areas of agreement etc. If you do wish fill in the template, we ask that you complete
this one full working day before the scheduled session.
If you have any questions, please contact the hearings administrator by email - [email address]
________________________________________________________________________________
Microsoft Teams meeting
Join on your computer or mobile app
Click here to join the meeting
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________________________________________________________________________________
1
From:
Jo Appleyard
Sent:
Friday, 1 July 2022 2:54 pm
To:
Hearings Administrator
Subject:
RE: EIT - Infrastructure
Hi
Can you add me to the attendance list for Christchurch Airport – Rhys Boswell will be attending too.
JO APPLEYARD
PARTNER
Chapman Tripp
D:
M:
LEGAL ADMINISTRATOR:
www.chapmantripp.com
-----Original Appointment-----
From: Hearings Administrator <[email address]>
Sent: Monday, 6 June 2022 2:54 PM
To:
Cc:
Subject: EIT - Infrastructure
When: Monday, 4 July 2022 1:30 PM-5:00 PM (UTC+12:00) Auckland, Wellington.
Where: zoom invite to follow
Kia ora,
You are receiving this calendar invite because you have indicated you wish to participate in the pORPS pre-hearing
discussion for the topic indicated in the subject line above.
Key information for the session is set out below.
Please find the pre-hearing process for discussion and run sheet attached to this calendar invite.
This is the link to a shared document for all participants in this topic:
https://otagorc.sharepoint.com/:w:/s/PORPS21Pre-
hearingdiscussions/EWGggAmWZ8dEruowPFeOe3QB56GKtSOwfbZQ4hQtPoqqRg
1
We would appreciate you noting the areas which you wish to discuss. This will help the discussion progress meaningfully
to narrow points of difference, or acknowledge areas of agreement etc. If you do wish to add to this document, we ask
that you complete this one full working day before the scheduled session. Please check your spam/junk folder if you don't
receive the code promptly. Email the Hearings Administrator if you have issues accessing the document.
Join Zoom Meeting
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2
From:
Hearings Administrator <[email address]>
Sent:
Thursday, 7 July 2022 2:16 pm
To:
Hearings Administrator
Subject:
Fifth Minute and Directions of Hearing Panel
Attachments:
Minute Five and Directions 6 July 2022.pdf
Kia ora,
On behalf of the panel, please see Minute 5 attached to this email.
Regards,
Hearings Administrator
[email address]
1
Otago Regional Council
Proposed Otago Regional Policy Statement 2021
FIFTH MINUTE
Friend of the Submitter
Minute 5
INTRODUCTION
1. The Hearings Panel has appointed two people to act in the role of Friend
of the Submitter (FoS) from 1 July. The FoS service is freely available to
any person or party who have submitted on the proposed Otago Regional
Policy Statement 2021.
2. These two people are Jane Whyte, and Charlotte Wright.
3. The role of a Friend of Submitter is to
(a) Provide advice and support on the hearing process for the proposed
Regional Policy Statement, including any timetabling instructions
before the hearing, and during the hearing; and
(b) Guide parties on the difference between speaking to submissions, and
giving evidence; and
(c) Co-ordinate meetings at arranged venues to encourage the sharing of
resources and joint presentations by parties with similar interests.
4. To this end, the availability of the Friend of Submitters are:
(a)For Jane Whyte, she is available between 8am – 9p.m daily. Ms
Whyte’s contact details are:
Email: [email address]
Telephone: 027 2595303 or 03 332 7449
(b) For Charlotte Wright, she is available on weekdays from 8am – 8pm.
Ms Wright’s contact details are:
Email: [email address]
Telephone: 021 986 783
For the panel,
Judge Laurie Newhook,
Chair and Chief Freshwater Commissioner.
6 July 2022.
From:
Hearings Administrator <[email address]>
Sent:
Sunday, 10 July 2022 1:56 pm
Subject:
Memo from ORC to the Panel
Attachments:
2022-07-08 - ORC Memorandum for Hearings Panel - Final.pdf
Good afternoon,
Please find attached a memo from ORC that has been sent to the Panel.
Regards
Hearings Administrator
BEFORE THE FRESHWATER HEARINGS PANEL CONVENED BY THE CHIEF
FRESHWATER COMMISSIONER
IN THE MATTER
of the Proposed Otago Regional Policy Statement
2021
MEMORANDUM ON BEHALF OF THE OTAGO REGIONAL COUNCIL
Dated 8 July 2022
ROSS DOWLING MARQUET GRIFFIN
Telephone:
(03) 477 8046
SOLICITORS
Facsimile:
(03) 477 6998
DUNEDIN
PO Box 1144, DX YP80015
Solicitor: SJ Anderson
SJA-266090-1095-316-V1
MEMORANDUM ON BEHALF OF THE OTAGO REGIONAL COUNCIL
May it please the Commissioners:
Introduction
1
In Minute 3 of the Panel dated 14 April 2022 a direction was made: “
We
direct also that parties make use of the extra time created by the delay, to
engage in meaningful negotiations or other alternative dispute resolution to
settle or at least narrow matters in dispute. We ask the council to lead that
process.”
2
There have been facilitated discussions between the Council and
submit ers since 13 June 2022. The discussions occurred on a without
prejudice and confidential basis.
3
As a result of those discussions, the section 42A chapter authors consider
that some changes to the text of proposed RPS are appropriate.
4
Where that is the case, the authors need to update their reports, by way of
a supplementary statement of evidence, and make those updates available
to the Panel and to submitters.
5
The submit ers should not be required to complete and file their evidence
until they have those updates and the opportunity to consider them.
Directions sought
6
ORC therefore proposes timetable amendment as follows:
6.1
Section 42A authors’ supplementary evidence be filed by 5pm 5
August 2022.
6.2
Al parties’ evidence in chief be filed by 5pm 2 September 2022.
6.3
Al evidence in chief to be posted on the Council website by 9
September 2022.
6.4
Al rebuttal evidence to be filed by 5pm 30 September 2022.
6.5
Al rebuttal evidence to be posted on the Council website by 7
October 2022.
Page
2 of
4
6.6
Application for leave to cross-examine any witness to be filed by
5pm 14 October 2022.
6.7
Indication of expert conferencing to be filed by 5pm 14 October
2022.
6.8
Hearings to commence on 25 October 2022.
Other Updates
7
In two instances (Urban Form and Development, and Energy, Infrastructure
and Transport) the section 42A report authors (Kyle Balderston and Peter
Stafford respectively) have left the employment of ORC. Those authors
must (and wil ) be available at hearing to address matters arising from their
original reports.
8
However, to enable the more recent process of facilitated discussions two
additional experts (Marcus Langman for Energy, Infrastructure and
transport, and Liz White for Urban Form and Development) have been
engaged. They have participated in the discussions with submit ers,
considered the points raised and formed an opinion as to the extent to
which change is supported. Those experts must (and wil ) provide the
relevant supplementary evidence and be available at hearing to address
any matters arising.
9
In some other respects discussions between ORC and submit ers continue,
the nature and scope of which remains without prejudice.
10
At the time of this memorandum no judgment has been received in the High
Court declaratory judgment proceedings concerning the status of the
pORPS as a freshwater instrument.
Submitter Views
11
ORC circulated a proposed timetable amendment and the update regarding
expert witnesses to all submitters by email on 6 July 2022 and asked that
submit ers advise any issues by 12pm Friday, 8 July 2022.
12
The timetable circulated was one week earlier than the dates above for
each event.
Page
3 of
4
13
The reason for this is that a section 42A chapter author with a significant
part of the supplementary evidence responsibility has now fallen il . ORC
therefore considers it prudent to extend timetable dates by a further week.
14
I am informed by ORC that three responses were received to the email
referred to in paragraph 11. Al three responses were in support.
Simon Anderson
Counsel for Otago Regional Council
8 July 2022
Page
4 of
4
From:
Hearings Administrator <[email address]>
Sent:
Friday, 15 July 2022 4:31 pm
To:
Hearings Administrator
Subject:
Sixth Minute and Directions of Hearing Panel
Attachments:
Minute Six and Directions from the Panel dated 15 July 2022.pdf
Kia ora,
On behalf of the panel, please see Minute 6 attached to this email.
Regards,
Hearings Administrator
[email address]
1
Otago Regional Council
Proposed Otago Regional Policy Statement 2021
SIXTH MINUTE and DIRECTIONS OF HEARINGS PANEL
On preparation for hearing of submissions
Minute 6
1. The panel has considered the memorandum of counsel for ORC dated 8 July 2022, and two
responses on behalf of some submitters supporting it.
2. Although no decision has yet come from the High Court in the declaration proceedings, the
panel is keen to maintain momentum so far as reasonably possible.
3. The panel commends all parties who have engaged in negotiations to settle and or narrow
points of submission, even though at this stage the topics discussed remain under “without
prejudice” protection. It also perceives that the 31 May memorandum on behalf of Wise
Response Society Inc has been overtaken by events initiated by ORC in June.
4. The panel has deliberated about ORC’s proposed new timetable (in its paragraph 6) reflecting
these circumstances, and approves it with the addition of some words to 6.8.
5. The new timetable is therefore directed as follows:
5.1.
Section 42A authors’ supplementary evidence be filed by 5pm 5 August 2022.
5.2.
All parties’ evidence in chief be filed by 5pm 2 September 2022.
5.3.
All evidence in chief to be posted on the Council website by 9 September 2022.
5.4.
All rebuttal evidence to be filed by 5pm 30 September 2022.
5.5.
All rebuttal evidence to be posted on the Council website by 7 October 2022.
5.6.
Application for leave to cross-examine any witness to be filed by 5pm 14 October 2022.
5.7.
Indication of expert conferencing to be filed by 5pm 14 October 2022.
5.8.
Hearings to commence on 25 October 2022, and continue in the weeks of 14 and 28
November, and 12 December, hearing weeks if needed in the new year to be set in a
further Minute to follow.
For the panel,
Judge Laurie Newhook,
Chair and Chief Freshwater Commissioner.
15 July 2022
From:
Hearings Administrator <[email address]>
Sent:
Monday, 25 July 2022 3:28 pm
To:
Hearings Administrator
Subject:
PORPS Correspondence from OceanaGold
Attachments:
Urban Chapter Proposed Minerals Amendments 21.7.22.docx; Urban Chapter
Proposed Minerals Amendments 21.7.22.pdf; ECO Chapter Proposed Minerals
Amendments 21.7.22.docx; ECO Chapter Proposed Minerals Amendments
21.7.22.pdf; Land and Soil Chapter Proposed Minerals Amendments 21.7.22.docx;
Land and Soil Chapter Proposed Minerals Amendments 21.7.22.pdf; PORPS Mining
provisions letter to ORC (F).pdf
Kia ora,
The ORC has received the following letter and proposed changes from Oceana Gold.
We are sharing the letter and the proposed changes with all interested submitters as requested.
Regards,
Hearings Administrator
[email address]
1
UFD – Urban form and development
Objectives
UFD-O1 – Form and function of urban areas
The form and functioning of Otago’s
urban areas:
(1)
reflects the diverse and changing needs and preferences of Otago’s people and communities,
now and in the future, and
(2)
maintains or enhances the significant values and features identified in this RPS, and the
character and resources of each
urban area.
UFD-O2 – Development of urban areas
The development and change of Otago’s
urban areas:
(1)
improves housing choice, quality, and affordability,
(2)
allows business and other non-residential activities to meet the needs of communities in
appropriate locations,
(3)
respects and wherever possible enhances the area’s history, setting, and natural and built
environment,
(4)
delivers good urban design outcomes, and improves liveability,
(5)
improves connectivity within
urban areas, particularly by
active transport and
public transport,
(6)
minimises conflict between incompatible activities,
(7)
manages the exposure of
risk from
natural hazards in accordance with the HAZ–NH – Natural
hazards section of this RPS,
(8)
results in sustainable and efficient use of
water, energy,
land, and
infrastructure,
(9)
achieves integration of
land use with existing and planned
development infrastructure and
additional infrastructure,
(9A) and facilitates the safe and efficient ongoing use, maintenance, upgrade and development1 of
nationally significant infrastructure and2
regionally significant infrastructure,
(10) achieves consolidated, well designed and located, and sustainable development in and around
existing
urban areas as the primary focus for accommodating the region’s urban growth and
change, and
(11) is guided by the input and involvement of
mana whenua, and provides for development
opportunities which support the aspirations and values of
mana whenua3
.
1 00313.030 Queenstown Airport and 00314.050 Transpower (in part)
2 Clause 16(2), Schedule 1, RMA
3 00139.251 DCC
UFD-O3 – Strategic planning
Strategic planning is undertaken in advance of significant development, expansion or redevelopment
of
urban areas to ensure that:4
(1)
there is at least5 sufficient
development capacity supported by integrated
infrastructure
provision for Otago’s housing and business needs in the short, medium and long term,
(2)
development is located, designed and delivered in a way and at a rate that recognises and
provides for locationally relevant6 regionally significant features and values identified by this
RPS, and
(3)
the involvement of
mana whenua is facilitated, and their values and aspirations are provided
for.
UFD-O4 – Development in rural areas
Development in Otago’s
rural areas occurs in a way that:
(1)
avoids where practicable, impacts on significant values and features identified in this RPS,
(2)
avoids as the first priority, land and soils7 identified as highly productive by LF–LS–P19 unless
there is an
operational need or
functional need8
for the development to be located in
rural
areas,
(3)
only provides for urban expansion, rural lifestyle and rural residential development and
the establishment of
sensitive activities, in locations identified through strategic planning
or zoned within
district plans as suitable for such development, and
(4)
outside of areas identified in (3), maintains and enhances provides for the ongoing use of land
rural areas for
primary production, supported by
rural industry in appropriate locations,9 and
facilitates other activities that have an
operational need or
functional need to locate in
rural
areas, that will not compromise10 the
natural and physical resources that support the
productive capacity, rural character, and long-term viability of the rural sector and rural
communities., and
(4A) provides for the use and development of land in rural areas by Kāi Tahu for
papakāika, kāika,
nohoaka, marae, and
marae related activities.11
UFD-O5 – Urban development and climate change
The impacts of
climate change are responded to in the development and change of Otago’s
urban
4 Clause 16(2), Schedule 1, RMA
5 00204.003 Daisy Link Garden Centres Limited, 00405.009 Glenpanel, 00402.012 Sipka Holdings, 00401.006 Tussock Rise
6 00137.153 DOC
7 00322.0038 Fulton Hogan, 00236.099 Horticulture NZ
8 00414.003 Infinity, 00413.005 NZ Cherry Corp
9 00322.038 Fulton Hogan, 00410.007 Rural Contractors NZ (in part)
10 00236.099 Horticulture NZ
11 00226.310 Kāi Tahu ki Otago
areas so that:
(1)
the contributions of current communities and future generations to
climate change impacts
are reduced,
(2)
community resilience increases,
(3)
adaptation to the effects of
climate change is facilitated,
(4)
energy use is minimised, and energy efficiency improves, and
(5)
establishment and use of
small and community-scale distributed electricity generation is
enabled.
Policies
UFD-P1 – Strategic planning
Strategic planning processes, undertaken at an appropriate scale and detail, precede urban growth
and development and:
(1)
ensure integration of
land use and
infrastructure, including how, where and when necessary
development infrastructure and
additional infrastructure will be provided, and by whom,
(2)
demonstrate at least sufficient
development capacity supported by integrated
infrastructure
provision for Otago’s housing and business needs in the short, medium and long term,
(3)
maximise current and future opportunities for increasing resilience, and facilitating adaptation
to changing demand, needs, preferences and
climate change,
(4)
minimise
risks from and improve resilience to
natural hazards, including those exacerbated by
climate change, while not increasing
risk for other development,
(5)
indicate how connectivity will be improved and connections will be provided within
urban
areas,
(6)
provide opportunities for iwi, hapū and whānau involvement in planning processes, including
in decision making, to ensure provision is made for their needs and aspirations, and cultural
practices and values,
(7)
facilitate involvement of the current community and respond to the reasonably foreseeable
needs of future communities, and
(8)
identify, maintain and where possible, enhance important features and values identified by
this RPS., and
(8A) identifies areas of potential conflict between incompatible activities and sets out the methods
by which these are to be resolved.12
12 00306.077 Meridian, 00322.039 Fulton Hogan, 00313.031 Queenstown Airport, 00235.150 OWRUG, 00236.100
Horticulture NZ, 00239.176 Federated Farmers, 00204.005 Daisy Link.
UFD-P2 – Sufficiency of development capacity
At least Ssufficient13 urban area housing and business
development capacity in
urban areas, including
any required competitiveness margin, is provided in the short, medium and long term by:
(1)
undertaking strategic planning in accordance with UFD-P1
(2)
identifying areas for urban intensification in accordance with UFD-P3,
(3)
identifying areas for urban expansion in accordance with UFD-P4,
(4)
providing for commercial and industrial activities in accordance with UFD–P5 and UFD–P6,
(5)
responding to any demonstrated insufficiency in housing or business
development capacity by
increasing
development capacity or providing more
development infrastructure as required, as
soon as practicable, including by being responsive to plan changes that demonstrate
compliance with UFD-P10,14 and
(6)
requiring Tier 2
urban environments to meet, at least, the relevant housing bottom lines in
APP10.
UFD-P3 – Urban intensification
Within
urban areas intensification is enabled where it:
(1)
contributes to establishing or maintaining the qualities of a
well-functioning urban environment,
(2)
is well-served by existing or planned
development infrastructure and
additional infrastructure,
(2A) does not compromise the safe and efficient ongoing use of
nationally significant infrastructure
or
regionally significant infrastructure,15
(3)
meets the greater of demonstrated demand for housing and/or business use or the level of
accessibility provided for by existing or planned
active transport or
public transport,
(4)
addresses an identified shortfall for housing or business space, in accordance with UFD-P2,
(5)
addresses issues of concern to iwi and hapū, including those identified in any relevant iwi
planning documents, and
(6)
manages adverse
effects on values or resources identified by this RPS that require specific
management or protection.
UFD-P4 – Urban expansion
Expansion of existing
urban areas is facilitated where the expansion:
(1)
contributes to establishing or maintaining the qualities of a
well-functioning urban environment,
(1A) is identified by and undertaken consistent with strategic plans prepared in accordance with
13 “At Least” See General Submissions of 00211.047 LAC Properties Trustees, 00210.046 Lane Hocking, 00118.066 Maryhill
Ltd, 00014.066 Mt Cardrona Station, 00209.046 Universal Developments
14 00204.005 Daisy Link
15 00315.079 Aurora Energy, 00310.017 The Telecommunications Companies, 00313.032 Queenstown Airport (in part)
UFD-P1, or is required to address a shortfall identified in accordance with UFD-P2,16
(2)
is logically and appropriately staged, and17 will not result in inefficient or sporadic patterns of
settlement and residential growth,
(3)
is integrated efficiently and effectively with
development infrastructure and
additional
infrastructure in a strategic, timely and co-ordinated way,
(3A) does not compromise the safe and efficient ongoing use of
nationally significant infrastructure
and
regionally significant infrastructure,18
(4)
addresses issues of concern to iwi and hapū, including those identified in any relevant iwi
planning documents,
(5)
manages adverse
effects on other values or resources identified by this RPS that require
specific management or protection,
(6)
avoids, as the first priority, highly productive land identified in accordance with LF-LS-P19,
(7)
locates the new urban/rural zone boundary interface by considering:
(a)
adverse
effects, particularly
reverse sensitivity, on
rural areas and existing or potential
primary production19 productive or
rural industry20 activities beyond the new boundary,
and
(b)
utilising21 key natural or built barriers or physical features, significant values or features
identified in this RPS, or cadastral boundaries that will result in a permanent, logical and
defendable long- term limit beyond which further urban expansion is demonstrably
inappropriate and unlikely, such that provision for future
development infrastructure expansion and connectivity beyond the new boundary does not need to be provided for,
or
(c)
reflects a short or medium term, intermediate or temporary utilising22 zoning or
infrastructure servicing boundary that reflects a short or medium term, intermediate or
temporary limit,23 where provision for future
development infrastructure expansion and
connectivity should not be foreclosed, even if further expansion is not currently
anticipated.
UFD-P5 – Commercial activities
Provide for
commercial activities in
urban areas by:
(1)
enabling a wide variety and scale of
commercial activities, social activities, recreational24and
cultural activities to concentrate in central business districts city, metropolitan,25 town centres
16 00136.011 Minister for the Environment, 00413.006 NZ Cherry Corp, 00204.008 Daisy Link
17 00139.258 DCC
18 00315.080 Aurora Energy, 00306.078 Meridian
19 00208.010 AgResearch, 00213.040 Fonterra, 00322.040 Fulton Hogan,
20 00410.008 Rural Contractors NZ
21 00405.011 Glenpanel, 00402.014 Sipka Holdings
22 00405.011Glenpanel, 00402.014 Sipka Holdings
23 00221.014 Silver Fern Farms, 00405.011 Glenpanel, 00402.014 Sipka Holdings
24 00206.071 Trojan, 00411.086 Wayfare
25 00139.260 DCC
and commercial zoned26 areas, especially if they are highly accessible by
public transport and
or27
active transport,
(2)
enabling smaller local and neighbourhood centres, mixed use zones28 and rural settlements to
accommodate a variety of
commercial activities, social, recreational activities29 and cultural
activities of a scale appropriate to service local community needs,
(3)
providing for the expansion of existing areas or establishment of new areas identified in (1)
and (2) by first applying UFD-P1 and UFD-P2, and
(4)
outside the areas described in (1) and (2), allow for small scale retail and service activities,
home occupations and
community services to establish within or close to the communities
they serve.
UFD-P6 – Industrial activities
Provide for
industrial activities in
urban areas by:
(1)
identifying specific locations and applying zoning suitable for accommodating
industrial
activities and their reasonable needs and
effects including supporting or
ancillary activities,
(2)
identifying a range of
land sizes and locations suitable for different
industrial activities, and their
operational needs including land-extensive activities,
(3)
managing the establishment of non industrial activities
, in industrial zones, by30 avoiding
activities likely to result in
reverse sensitivity effects on existing or potential31
industrial
activities (particularly residential or retail activities except yard-based retail),32 or likely to
result in an inefficient use of industrial zoned
land or
infrastructure, particularly where the
area: 33
(a)
the area34 provides for a significant
operational need for a particular
industrial
activity or grouping of
industrial activities that are unlikely or are less efficiently able
to be met in alternative locations, or
(b)
the area35 contains
nationally significant infrastructure36 or
regionally significant
infrastructure and the requirements of EIT–INF–P15 apply, and
(4)
in areas that are experiencing or expected to experience high demand from other urban
activities, and the criteria in (3)(a) or (3)(b) do not apply, managing the establishment of non-
industrial activities and the transition of industrial zoned areas to other purposes, and the
establishment of new areas37 by first applying (1) and (2).
26 00139.260 DCC
27 00401.013 Tussock Rise
28 00206.071 Trojan, 00411.086 Wayfare
29 00206.071 Trojan, 00411.086 Wayfare
30 00213.043 Fonterra
31 00213.043 Fonterra
32 00139.261 DCC
33 00510.064 The Fuel Companies
34 00510.064 The Fuel Companies
35 00510.064 The Fuel Companies
36 Clause 16(2), Schedule 1, RMA
37 00226.317 Kai Tahu ki Otago
UFD-P7 – Rural areas and Land for Economic Development
The management of
rural areas and land for economic development in Otago:
(1)
provides for the maintenance and, wherever possible, enhancement of important features and
values identified by this RPS,
(2)
outside areas identified in (1), maintains the productive capacity, amenity and character of
rural areas, as places where people live, work and recreate and where a range of activities and
services are required to support these rural functions, and provide for social and economic
wellbeing within rural communities and the wider region,38
(3)
enables prioritises39
food and fibre production primary production40 particularly on land or soils
within areas41 identified as
highly productive land42 in accordance with LF–LS–P19,
(4)
facilitates enables
primary production,43
rural industry and supporting activities to occur in
locations where they have access to the natural and physical resources that they depend on,
(5)
directs rural residential and rural lifestyle development to areas zoned for that purpose in
accordance with UFD-P8,
(5A) provides for the use by Kai Tahu of Native Reserves and
Te Ture Whenua Maori land, for
papakāika, kāika, nohoaka, marae and
marae related activities, and otherwise provides for
Kai Tahu use of rural areas and the resources and values they contain,44
(6)
restricts the establishment of residential activities,
sensitive activities, and other potentially
incompatible activities non rural businesses which could adversely affect, including by way of
reverse sensitivity, or fragmentation, the productive capacity of highly productive land or
existing or potential45
primary production and
rural industry activities, unless those
sensitive
activities are undertaken in accordance with UFD-P4, UFD-P8 or UFD-P9 as relevant,46 and
(7)
otherwise limits the establishment of residential activities,
sensitive activities, and other
potentially incompatible activities non rural businesses to those that can demonstrate:
(a)
an
functional need or47
operational need to be located in
rural areas., and48
(b) methods to avoid adverse effects, including by way of reverse sensitivity, on primary
production activities, rural productive capacity and amenity values, or where avoidance
is not practicable, remediation or mitigation, and49
38 00235.152 OWRUG, 00015.032 Oceana Gold
39 00226.318 Horticulture NZ, Kai Tahu ki Otago, 00015.032 Oceana Gold, 00235.152 OWRUG, 00410.009 Rural Contractors
NZ, 00016.024 Alluvium and Stoney Creek
40 00226.310 Kāi Tahu ki Otago and General Themes Section, in response to 00235.008 OWRUG
41 00236.102 Horticulture NZ, 00226.318 Kai Tahu ki Otago, 00015.032 Oceana Gold, 00235.152 OWRUG, 00410.009 Rural
Contractors NZ, 00016.024 Alluvium and Stoney Creek
42 00236.102 Horticulture NZ, 00226.318 Kai Tahu ki Otago, 00015.032 Oceana Gold, 00235.152 OWRUG, 00410.009 Rural
Contractors NZ, 00016.024 Alluvium and Stoney Creek
43 00226.310 Kāi Tahu ki Otago, and General Themes Section, in response to 00235.008 OWRUG and consequential to
amendment to subclause 2
44 00226.310 Kāi Tahu ki Otago
45 0015.032 Oceana Gold
46 00206.072 Trojan, 00411.135 Wayfare, 00402.016 & 00401.015 Sipka Holdings,
47 00321.095 Te Waihanga
48 00231.091 Fish and Game, 00411.135 Wayfare, 00206.072 Trojan, 00321.095 Te Waihanga
49 00221.015 Silver Fern Farms
(7A) may place constraints on certain rural activities where necessary for the effective management
of
nationally significant infrastructure or
regionally significant infrastructure.50
UFD- PX – Primary Production Activities which have a functional need or operational need
Provide for the management of natural and physical resources which allows for the continued
operation, maintenance and development of primary production activities, particularly those which
are constrained by the functional need to locate where the natural resource is, by:
(a) Recognising the value and long term benefits of the activity to the economic, social and
cultural wellbeing of the region;
(b) Recognising the value and long term benefits of primary production activities which support
significant infrastructure, life line utilities and other industry in the region;
(c) Ensuring that the adverse effects of primary production are appropriately managed;
(d) Maintain and where appropriate enhancing access to natural and physical resources;
(e) Avoiding or minimising the potential for reverse sensitivity; and
(f) Ensuring positive environmental outcomes are achieved.
UFD-P8 – Rural lifestyle and rural residential zones
The establishment, development or expansion of rural lifestyle and rural residential zones only
occurs where:
(1)
the
land is adjacent to existing or planned
urban areas and ready access to employment and
services is available,
(2)
despite the direction in (1), it51 also avoids
land identified for future urban development in a
relevant plan or
land reasonably likely to be required for its future urban development
potential, where the rural lifestyle or rural residential development would foreclose or reduce
efficient realisation of that urban development potential,
(3)
minimises impacts on existing
primary production and
rural industry and other rural
activities,52 rural production potential,
amenity values and the potential for
reverse sensitivity effects to arise in adjoining rural production zones,53
(4)
avoids, as the first priority,54 highly productive land identified in accordance with LF-LS-P169,55
(5)
the suitability of the area to accommodate the proposed development is demonstrated,
including
(a)
capacity for servicing by existing or planned
development infrastructure (including self-
servicing requirements),
(b)
particular regard is given to the individual and cumulative impacts of domestic56
water
50 00321.095 Te Waihanga
51 Clause 16(2), Schedule 1, RMA
52 00236.103 Horticulture NZ, 00208.012 AgResearch, 00235.153 OWRUG, 00410.010 Rural Contractors NZ
53 00236.103 Horticulture NZ, 00208.012 AgResearch, 00235.153 OWRUG, 00410.010 Rural Contractors NZ
54 00121.102 Ravensdown, and 00413.008 NZ Cherry Corp, 00414.006 Infinity in part
55 00226.319 Kai Tahu ki Otago, 0235.153 QLDC, 00121.102 Ravensdown
56 00219.019 FENZ
supply, wastewater
disposal, and
stormwater management including self-servicing, on
the receiving or supplying environment and impacts on capacity of
development
infrastructure, if provided, to meet other planned urban area demand, and
(c)
likely future demands or implications for publicly funded services including emergency
services57 and
additional infrastructure, and
(d)
does not compromise the safe and efficient ongoing use of
nationally significant
infrastructure or
regionally significant infrastructure, and
58
(6)
provides for the maintenance and wherever possible, enhancement, of important features and
values identified by this RPS.
UFD-P9 – Iwi, hapū and whānau
Facilitate the development, by mana whenua,59 of Native Reserves and
Te Ture Whenua Maori land,
for
papakāika, kāika, nohoaka,
and60
marae, and
marae related activities61 where existing or planned
development infrastructure of sufficient capacity is or can be provided (including allowance for self-
servicing systems).
UFD-P10 – Criteria for significant development capacity
‘Significant development capacity’ is provided for where a proposed plan change affecting an
urban
environment meets all of the following criteria:
(1)
the location, design and layout of the proposal will positively contribute to achieving a
well-
functioning urban environment,
(2)
the proposal is well-connected to the existing or planned urban area, particularly if it is located
along existing or planned transport corridors,
(3)
required
development infrastructure can be provided effectively and efficiently for the
proposal, and without material impact on planned
development infrastructure provision to, or
reduction in
development infrastructure capacity available for, other feasible, likely to be
realised developments, in the short-medium term,
(4)
the proposal makes a significant contribution to meeting a need identified in a
Housing and
Business Development Capacity Assessment, or a shortage identified in monitoring for:
(a)
housing of a particular price range or typology, particularly more affordable housing,
(b)
business space or
land of a particular size or locational type, or
(c)
community or educational facilities, and
(5)
when considering the significance of the proposal’s contribution to a matter in (4), this means
that the proposal’s contribution:
(a)
is of high yield relative to either the forecast demand or the identified shortfall,
57 00219.018 FENZ
58 00306.080 Meridian
59 0026.320 Kai Tahu ki Otago
60 0026.320 Kai Tahu ki Otago
61 0026.320 Kai Tahu ki Otago
(b)
will be realised in a timely (i.e. rapid) manner,
(c)
is likely to be taken up, and
(d)
will facilitate a net increase in district-wide up-take in the short to medium term.
Methods
UFD-M1 – Strategic planning
Otago Regional Council and
territorial authorities:
(1)
must, where they are Tier 2 local authorities, jointly determine housing
development capacity
that is feasible and likely to be taken up in the medium and long terms through
Housing and
Business Development Capacity Assessments,
(2)
should, for other districts, jointly determine demand and potential supply responses through
similar, but appropriately scaled strategic planning approaches,
(3)
must, where they are Tier 2 and Tier 3 local authorities, monitor and regularly assess and
report on the supply of, and demand for, residential, commercial and industrial zoned
land
development capacity available at the regional, district and
urban environment scales, and
other local authorities are encouraged to do so,
(4)
must coordinate the redevelopment and intensification of urban areas and the development
of extensions to urban areas with
infrastructure planning and development programmes, to
provide the required
development infrastructure and
additional infrastructure in an
integrated, timely, efficient and effective way, and to identify major existing and future
activities, constraints and opportunities62 and manage impacts on key values and resources,
identified by this RPS, and for Tier 2 local authorities to achieve this through jointly developed
Future Development Strategies and/or strategic planning, and for all other
local authorities
through strategic planning in accordance with UFD–P1,
(5)
must, where they are Tier 2 local authorities, develop housing bottom lines for urban
environments and include those bottom lines in APP10 and in the relevant
district plans,
(6)
must individually or jointly develop further regulatory or non-regulatory methods and actions
to implement strategic and spatial plans, including to guide the detail of how, when and where
development occurs, including matters of urban design, requirements around the timing,
provision, and responsibilities for open space, connections and infrastructure, including by
third parties, and the ongoing management of effects of urban development on matters of
local importance
, and
(7)
must involve
mana whenua, and provide opportunities for iwi, hapū and whānau involvement
in planning processes, including in decision making, to ensure provision is made for their needs
and aspirations, and cultural practices and values and to ensure the requirements of the MW
chapter are met, and the issues and values identified in RMIA are recognised and provided for.
62 00411.088 Wayfare, 00206.073 Trojan, 00219.012 FENZ
UFD-M2 – District plans
Territorial authorities must prepare or amend their
district plans as soon as practicable, and maintain
thereafter, to:
(1)
identify and provide for urban expansion and intensification, to occur in accordance with:
(a)
any adopted
future development strategy for the relevant district or region, which must
be completed in time to inform the 2024 Long Term Plan, or
(b)
where there is no
future development strategy, a
local authority adopted strategic plan
developed in accordance with UFD-P1, for the relevant area, district or region,
(2)
in accordance with any required
Housing and Business Development Capacity Assessments or
monitoring, including any
competitiveness margin, ensure there is always at least63 sufficient
development capacity that is feasible and likely to be taken up and, for Tier 2 urban
environments, at a minimum meets the bottom lines for housing in APP-10, and meets the
identified
land size and locational needs of the commercial and industrial sectors, and where
there is a shortage, respond in accordance with UFD-P2,64
(3)
ensure that urban development is designed to:
(a)
achieve a built form that relates well to its surrounding
environment, including by
identifying and managing impacts of urban development on values and resources
identified in this RPS,
(b)
provide for a diverse range of housing,
commercial activities, industrial and service
activities, social and cultural opportunities,
(c)
achieve an efficient use of
land, energy,
water and infrastructure,
(d)
promote the use of water sensitive design wherever practicable,
(e)
minimise the potential for reverse sensitivity
effects to arise, by managing the location
of incompatible activities, within the urban area, at the rural-urban interface, and in
rural areas , and65
(ea) avoid the potential for reverse sensitivity effects on
nationally significant infrastructure
and
regionally significant infrastructure, and66
(f)
reduce the adverse
effects of Otago’s cooler winter climate through designing new
subdivision and development to maximise passive winter solar gain and winter heat
retention, including through roading, lot size, dimensions, layout and orientation,
(4)
identify and provide for locations that are suitable for urban intensification in accordance with
UFD-P23,67
(5)
identify and provide for locations that are suitable for urban expansion, if any, in accordance
with UFD-P34,68
63 00204.003 Daisy Link, 00405.009 Glenpanel, 00402.012 Sipka Holdings, 00401.006 Tussock Rise
64 00401.012 Tussock Rise
65 00236.104 Horticulture NZ, 235.154 OWRUG
66 00510.065 The Fuel Companies
67 Clause 16(2), Schedule 1, RMA, 00138.222 QLDC, 00235.154 OWRUG
68 Clause 16(2), Schedule 1, RMA, 00138.222 QLDC, 00235.154 OWRUG
(6)
identify and provide for
commercial activities in accordance with UFD-P5,
(7)
identify and provide for
industrial activities in accordance with UFD-P6,
(8)
manage development in
rural areas in accordance with UFD-P7,
(8A) identify and provide for
primary production activities in accordance with UFD – PX,
(9)
manage rural residential and rural lifestyle activities in
rural areas69 in accordance with UFD–
P8,
(10) provide for
papakāika, kāika, nohoaka, and
marae and
marae related activities70, in accordance
with UFD–P9, and
(11) must involve
mana whenua and provide opportunities for iwi, hapū and whānau involvement
in planning processes, including in decision making, to ensure provision is made for their
needs and aspirations, and cultural practices and values and ensure the requirements of the
MW chapter are met, and the issues and values identified in RMIA are recognised and
provided for at the local level., and
(11A) ensure the design and maintenance of places and spaces, including streets, open spaces,
public
buildings and publicly accessible spaces so that they are safe, attractive, accessible and
usable by everyone in the community.71
UFD–M3 – Design of public spaces and surrounds
Territorial authorities must design and maintain public places and spaces, including streets, open
spaces, public
buildings and publicly accessible spaces so that they are safe, attractive, accessible
and usable by everyone in the community.
Explanation
UFD-E1 – Explanation
The policies in this chapter are designed to facilitate the provision of sufficient housing and business
capacity and ensure all of the region’s
urban areas demonstrate the features of
well-functioning
urban environments and meet the needs of current and future communities. Urban intensification
must be enabled, and urban expansion should be facilitated, however these important decisions
should be preceded and guided by strategic planning processes that consider how best this can be
achieved, while also maintaining and, wherever possible, enhancing the important values and
features identified in other chapters of this RPS, and in consideration of local context, values and
pressures. The strategic planning process will also consider and demonstrate where, when, how and
by whom the necessary
development infrastructure and
additional infrastructure will be provided in
order to both facilitate development and change and minimise environmental impacts from it,
including avoiding impacts on the operation of
regionally significant infrastructure 72
and nationally
69 00206.074 Trojan, 00411.136 Wayfare
70 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 0026.320 Kai Tahu ki Otago
71 00139.268 DCC
72 Clause 16(2), Schedule 1, RMA
significant infrastructure.
In addition, this chapter seeks to maintain the character and
amenity values of Otago’s rural areas,
including by facilitating the use of the
natural and physical resources that support the viability of the
rural sector. Otago’s rural and urban areas also contain significant natural, cultural and historic values
and features as identified by other parts of this RPS. In all cases while facilitating urban development
and managing rural productive activities these values must also be identified, maintained and,
wherever possible, enhanced. This approach includes direction on different types of development
within rural areas, managing the expansion and location of
urban areas, and rural lifestyle and rural
residential development, and directing that growth be enabled in
urban areas to minimise the need
for development to occur within rural areas, other than what is needed to facilitate rural community
and rural productive activities and particular activities that have a
functional need or
operational
need to locate in rural areas.73
The policies in this chapter are primarily focused on directing where development is and is not
appropriate and under what circumstances, but provides discretion for
local authorities to determine
the detail of how that development is managed, its ultimate density, height, bulk and location, timing
and sequencing, the detail of any required
development infrastructure and
additional infrastructure
that may be needed, , and allows for the consideration of particular locally significant features values
and needs that contribute to the attractiveness or uniqueness of the diverse communities,
landscapes, and environments of the region.
This more detailed determination must, however, be informed by evidence and information collated
through appropriately scaled
strategic planning processes and which will identify how constraints to
urban development, such as hazards, landscapes, highly productive land, and environmental limits,
are responded to, and opportunities for meeting demand, integration with lifeline utilities,
infrastructure and other requirements may be provided for. They74 will be implemented by a range
of regulatory and non-regulatory methods, including partnership arrangements with iwi, developers,
infrastructure providers and central government,75 joint development of
Housing and Business
Assessments and
Future Development Strategies for Tier 2 local authorities, and similar but
appropriately scaled processes undertaken in and for other areas, including regular regional, district
and
urban environment scale monitoring, analysis and evaluation.
In delivering on the objectives and policies in this chapter, which relate largely to human activities
and settlements, the natural, physical, and built values and features of importance to the region must
be recognised and provided for. These values and features are largely identified within other
chapters and provision of the RPS. They also provide detail on how they should be identified and
managed. Achieving the objectives of this chapter requires consideration of those other relevant
parts of this RPS.76
The following chapters of this Regional Policy Statement have particular relevance to the
achievement of the objectives of this chapter by identifying particular aspects of Domains or Topics
to be managed, and where there is an apparent conflict, must be balanced in accordance with the
73 0023.6105 Horticulture NZ - and consequential to amendments to UFD-P7 and UFD-P8
74 FENZ 00219.020, DCC 0139.268
75 FENZ 00219.020, DCC 0139.268 DCC 00139.268
76 00139.268, and 00139.259 DCC
directions outlined in the IM -77 Integrated Management chapter:
•
MW
– Mana Whenua
•
AIR – Air
•
CE – Coastal environment
•
LF –
Land and
freshwater
•
ECO – Ecosystems and indigenous
biodiversity
•
EIT – Energy,
infrastructure and transport
•
HAZ – Hazards and
risks
•
HCV – Historical and cultural values
•
NFL – Natural features and landscapes
Principal reasons
UFD-PR1 – Principal reasons
The provisions in this chapter assist in fulfilling the functions of the regional council under section
30(ba) and
territorial authorities under section 31(aa) of the RMA 199178 to ensure sufficient
development capacity in relation to housing and
business land to meet the expected demands of the
region and districts respectively. They also assist in giving effect to the similar but more detailed
requirements of the
NPSUD.
Urban areas are important for community well-being and are a reflection the inherently social nature
of humans.
Well-functioning urban areas enable social interactions and provide a wide variety (across
type, location and price) of housing, employment and recreational opportunities to meet the varied
and variable needs and preferences of communities, in a way that maximises the well-being of its
present and future inhabitants, and respects its history, its setting and the
environment. The
combination of population growth and demographic change will result in changes in the quantity and
qualities demanded of housing, employment, business,
infrastructure, social facilities, emergency
services and
lifeline utilities79 and other80 services across the region. Upgrade and replacement of the
existing development and infrastructure will also continue to be required even where growth is
limited, resulting in changes in the built environment. Some of these changes will also be driven by
changes in the
natural environment, including the impacts of climate change. Urban areas are highly
dynamic by nature, so the provisions in this chapter seek to manage, rather than limit, the form,
function, growth and development of urban areas in a way that best provides for the community’s
well- being both now and into the future.
The pace and scale of growth and change, and the scale and nature of urban environments and areas
in the region is variable, meaning no single response at a regional level is appropriate in all cases.
Accordingly, the process identified in this RPS remains flexible and responsive (outside of Tier 2
urban
environments, which have specific requirements under the
NPSUD). Key requirements of strategic
77 Clause 16(2), Schedule 1, RMA
78 Clause 16(2), Schedule 1, RMA
79 00219.020 FENZ
80 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00219.020 FENZ
planning include considering and providing for reasonably expected changes in overall quantum of
demand and supply as well as changes in needs and preferences that may drive or add to these
changes in demand, designing to maximise the efficient use of energy, land and infrastructure
(including transport infrastructure). This can best be achieved by prioritising development in and
around the region’s existing urban areas as the primary focus of the region’s growth and change, by
enabling development within and adjacent to those urban areas, where it generally is most suitable
and most efficient to do so.
These strategic planning processes provide the mechanism by which longer term issues can be
considered, integration between land use and infrastructure can be achieved, and various
constraints, opportunities and key trade-offs can be identified and appropriately resolved, while
identifying and managing the values and resources identified in this RPS. These processes, and others
should always involve
mana whenua, at all levels of the process to ensure their views and values can
be incorporated and celebrated, and their needs and aspirations appropriately provided for.
All development should seek to maximise efficient use of water consumption (through water
efficient design) and disposal. Rreduced81 consumption reduces sewerage loads, and the82 water
sensitive design reduces impacts on both supplying and receiving natural systems and can reduce
flooding from stormwater) 83, and maximise the winter capture and retention of the sun’s84 energy,
which will also assist with reducing the energy needed to heat homes in winter and can also help
reduce
air pollution from solid fuel burning for home heating. Development in more central parts of
the region also need to be designed to be cognisant of minimising excess sun capture in the summer
months. Enabling the establishment and use of
small-scale renewable energy generation also
facilitates local
energy resilience, contributes to national
renewable energy generation targets with
associated
climate change benefits, and may reduce the need for additional large-scale generation
and transmission infrastructure and associated impacts.
Rural areas are attractive as residential living areas, and for other non-rural activities. However, they
contain areas, activities and resources critical for rural production that can be impacted by sensitive
activities. Non-urban areas also contain a wide range of other values that can be negatively impacted
by the impacts of rural-residential and other activities, that do not have a functional need
functional
need85 to be in rural areas. The provisions in this chapter focus on managing where rural living
opportunities and other non-rural activities are provided for, so that the potential
effects on the rural
character, productive potential and the wide range of environmental values, features and resources
that rural areas also contain are appropriately managed. The supply of rural lifestyle opportunities
to meet demand should be directed to suitably located and zoned areas to minimise impacts on
values in rural areas. In designing and planning for rural residential and rural lifestyle development,
local authorities will need to be aware of the potential future constraints on future urban expansion
and development, including the cumulative impacts of infrastructure servicing irrespective of
whether this is onsite, community or through connections to urban reticulated schemes.
Implementation of the provisions in this chapter will occur partially through
regional plans but
primarily
district plan provisions, as well as through preparation of
future development strategies
81 Clause 16(2), Schedule 1, RMA
82 Clause 16(2), Schedule 1, RMA
83 Clause 16(2), Schedule 1, RMA
84 Clause 16(2), Schedule 1, RMA
85 Clause 16(2), Schedule 1, RMA
and
structure plans and the financial and infrastructure planning processes they inform. While the
functions and duties of regional and territorial authorities are different, each brings different focus
and responsibilities to the task of achieving
well-functioning urban environments. Working together,
and with others, in accordance with specified joint responsibilities under the NPSUD, will assist with
achieving the purpose of the RMA and the outcomes sought by this RPS.86
To appropriately and efficiently achieve the objectives and policies, other non-regulatory spatial
planning exercises and associated action plans, agreements and infrastructure delivery programs will
be needed to complement regulatory approaches, including setting aside the necessary funding for
delivery, and partnering with
mana whenua, central government, communities and developers to
deliver the quality and quantity of urban development needed to meet demand and provide for
change, improve land and development market competitiveness, and achieve resilient, efficient and
attractive urban places.
Anticipated environmental results
UFD-AER1
Appropriately scaled strategic planning occurs in advance of regulatory
planning, and regulatory plans are changed in a timely manner to facilitate
to outcomes identified in these processes.
UFD-AER2
Urban expansion only occurs when suitable and sufficient
development
infrastructure is in place or will be provided at the time of expansion and
provision is made for the needs of
additional infrastructure.
UFD-AER3
Development infrastructure is in place in time to facilitate reasonably
expected urban intensification or planned expansion.
UFD-AER4
New developments including redevelopments are designed to maximise
energy and transport efficiency and minimise impacts on
water quality and
quantity.
UFD-AER5
The majority of new development is located close to services, jobs, and
other urban amenities and can access those amenities by a range of
transport modes including
active transport and, where available,
public
transport.
UFD-AER6
The mode share and use of
active transport and where available,87
public
transport increases.
UFD-AER7
New developments are at minimal
risk from
natural hazards including
changes to
risk due to the impacts of
climate change, and do not increase
risk to existing or planned developments.
UFD-AER8
In existing urban areas at
risk from
natural hazards, including changes to
risk due to the impacts of
climate change, communities are informed,
resilient and prepared for the
effects of known
natural hazard risks.
UFD-AER9
There is an increased range of housing types and locations and an increased
86 00139.268 DCC
87 00139.272 DCC
number of
dwellings, particularly more affordable housing in existing and
planned
urban areas.
UFD-AER10
The current and future needs of business are met by the availability of a
range of opportunities for
land and space that meets their requirements.
UFD-AER11
All new rural residential or rural lifestyle development occurs within areas
zoned for this use.
UFD-AER12
The establishment of sensitive activities within rural areas does not result in
adverse effects on activities functionally dependent on rural resources and rural
surroundings88
UFD-AER13
Inappropriate urban expansion and urban activities do not adversely affect the
amenity and character of the region’s rural areas. 89
UFD-AER14
Mana whenua are involved in strategic planning and other planning
processes.90
UFD-AER15
The development of Native reserves and Te Ture Whenua Maori land occurs
in accordance with the needs, aspirations and cultural values of mana
whenua.91
UFD-AER16
Urban and rural development maintain recognised regionally significant
features and values.92
88 00237.064 Beef & Lamb, 00236.107 Horticulture NZ, 00239.180 Federated Farmers
89 00236.107 Horticulture NZ, 00208.001 AgResearch, 00239.180 Federated Farmers
90 00139.259 DCC
91 00237.064 Ngāi Tahu ki Murihiku
92 00237.064 Ngāi Tahu ki Murihiku
UFD – Urban form and development
Objectives
UFD-O1 – Form and function of urban areas
The form and functioning of Otago’s
urban areas:
(1)
reflects the diverse and changing needs and preferences of Otago’s people and communities,
now and in the future, and
(2)
maintains or enhances the significant values and features identified in this RPS, and the
character and resources of each
urban area.
UFD-O2 – Development of urban areas
The development and change of Otago’s
urban areas:
(1)
improves housing choice, quality, and affordability,
(2)
allows business and other non-residential activities to meet the needs of communities in
appropriate locations,
(3)
respects and wherever possible enhances the area’s history, setting, and natural and built
environment,
(4)
delivers good urban design outcomes, and improves liveability,
(5)
improves connectivity within
urban areas, particularly by
active transport and
public transport,
(6)
minimises conflict between incompatible activities,
(7)
manages the exposure of
risk from
natural hazards in accordance with the HAZ–NH – Natural
hazards section of this RPS,
(8)
results in sustainable and efficient use of
water, energy,
land, and
infrastructure,
(9)
achieves integration of
land use with existing and planned
development infrastructure and
additional infrastructure,
(9A) and facilitates the safe and efficient ongoing use, maintenance, upgrade and development1 of
nationally significant infrastructure and2
regionally significant infrastructure,
(10) achieves consolidated, well designed and located, and sustainable development in and around
existing
urban areas as the primary focus for accommodating the region’s urban growth and
change, and
(11) is guided by the input and involvement of
mana whenua, and provides for development
opportunities which support the aspirations and values of
mana whenua3
.
1 00313.030 Queenstown Airport and 00314.050 Transpower (in part)
2 Clause 16(2), Schedule 1, RMA
3 00139.251 DCC
UFD-O3 – Strategic planning
Strategic planning is undertaken in advance of significant development, expansion or redevelopment
of
urban areas to ensure that:4
(1)
there is at least5 sufficient
development capacity supported by integrated
infrastructure
provision for Otago’s housing and business needs in the short, medium and long term,
(2)
development is located, designed and delivered in a way and at a rate that recognises and
provides for locationally relevant6 regionally significant features and values identified by this
RPS, and
(3)
the involvement of
mana whenua is facilitated, and their values and aspirations are provided
for.
UFD-O4 – Development in rural areas
Development in Otago’s
rural areas occurs in a way that:
(1)
avoids where practicable, impacts on significant values and features identified in this RPS,
(2)
avoids as the first priority, land and soils7 identified as highly productive by LF–LS–P19 unless
there is an
operational need or
functional need8
for the development to be located in
rural
areas,
(3)
only provides for urban expansion, rural lifestyle and rural residential development and
the establishment of
sensitive activities, in locations identified through strategic planning
or zoned within
district plans as suitable for such development, and
(4)
outside of areas identified in (3), maintains and enhances provides for the ongoing use of land
rural areas for
primary production, supported by
rural industry in appropriate locations,9 and
facilitates other activities that have an
operational need or
functional need to locate in
rural
areas, that will not compromise10 the
natural and physical resources that support the
productive capacity, rural character, and long-term viability of the rural sector and rural
communities., and
(4A) provides for the use and development of land in rural areas by Kāi Tahu for
papakāika, kāika,
nohoaka, marae, and
marae related activities.11
UFD-O5 – Urban development and climate change
The impacts of
climate change are responded to in the development and change of Otago’s
urban
4 Clause 16(2), Schedule 1, RMA
5 00204.003 Daisy Link Garden Centres Limited, 00405.009 Glenpanel, 00402.012 Sipka Holdings, 00401.006 Tussock Rise
6 00137.153 DOC
7 00322.0038 Fulton Hogan, 00236.099 Horticulture NZ
8 00414.003 Infinity, 00413.005 NZ Cherry Corp
9 00322.038 Fulton Hogan, 00410.007 Rural Contractors NZ (in part)
10 00236.099 Horticulture NZ
11 00226.310 Kāi Tahu ki Otago
areas so that:
(1)
the contributions of current communities and future generations to
climate change impacts
are reduced,
(2)
community resilience increases,
(3)
adaptation to the effects of
climate change is facilitated,
(4)
energy use is minimised, and energy efficiency improves, and
(5)
establishment and use of
small and community-scale distributed electricity generation is
enabled.
Policies
UFD-P1 – Strategic planning
Strategic planning processes, undertaken at an appropriate scale and detail, precede urban growth
and development and:
(1)
ensure integration of
land use and
infrastructure, including how, where and when necessary
development infrastructure and
additional infrastructure will be provided, and by whom,
(2)
demonstrate at least sufficient
development capacity supported by integrated
infrastructure
provision for Otago’s housing and business needs in the short, medium and long term,
(3)
maximise current and future opportunities for increasing resilience, and facilitating adaptation
to changing demand, needs, preferences and
climate change,
(4)
minimise
risks from and improve resilience to
natural hazards, including those exacerbated by
climate change, while not increasing
risk for other development,
(5)
indicate how connectivity will be improved and connections will be provided within
urban
areas,
(6)
provide opportunities for iwi, hapū and whānau involvement in planning processes, including
in decision making, to ensure provision is made for their needs and aspirations, and cultural
practices and values,
(7)
facilitate involvement of the current community and respond to the reasonably foreseeable
needs of future communities, and
(8)
identify, maintain and where possible, enhance important features and values identified by
this RPS., and
(8A) identifies areas of potential conflict between incompatible activities and sets out the methods
by which these are to be resolved.12
12 00306.077 Meridian, 00322.039 Fulton Hogan, 00313.031 Queenstown Airport, 00235.150 OWRUG, 00236.100
Horticulture NZ, 00239.176 Federated Farmers, 00204.005 Daisy Link.
UFD-P2 – Sufficiency of development capacity
At least Ssufficient13 urban area housing and business
development capacity in
urban areas, including
any required competitiveness margin, is provided in the short, medium and long term by:
(1)
undertaking strategic planning in accordance with UFD-P1
(2)
identifying areas for urban intensification in accordance with UFD-P3,
(3)
identifying areas for urban expansion in accordance with UFD-P4,
(4)
providing for commercial and industrial activities in accordance with UFD–P5 and UFD–P6,
(5)
responding to any demonstrated insufficiency in housing or business
development capacity by
increasing
development capacity or providing more
development infrastructure as required, as
soon as practicable, including by being responsive to plan changes that demonstrate
compliance with UFD-P10,14 and
(6)
requiring Tier 2
urban environments to meet, at least, the relevant housing bottom lines in
APP10.
UFD-P3 – Urban intensification
Within
urban areas intensification is enabled where it:
(1)
contributes to establishing or maintaining the qualities of a
well-functioning urban environment,
(2)
is well-served by existing or planned
development infrastructure and
additional infrastructure,
(2A) does not compromise the safe and efficient ongoing use of
nationally significant infrastructure
or
regionally significant infrastructure,15
(3)
meets the greater of demonstrated demand for housing and/or business use or the level of
accessibility provided for by existing or planned
active transport or
public transport,
(4)
addresses an identified shortfall for housing or business space, in accordance with UFD-P2,
(5)
addresses issues of concern to iwi and hapū, including those identified in any relevant iwi
planning documents, and
(6)
manages adverse
effects on values or resources identified by this RPS that require specific
management or protection.
UFD-P4 – Urban expansion
Expansion of existing
urban areas is facilitated where the expansion:
(1)
contributes to establishing or maintaining the qualities of a
well-functioning urban environment,
(1A) is identified by and undertaken consistent with strategic plans prepared in accordance with
13 “At Least” See General Submissions of 00211.047 LAC Properties Trustees, 00210.046 Lane Hocking, 00118.066 Maryhill
Ltd, 00014.066 Mt Cardrona Station, 00209.046 Universal Developments
14 00204.005 Daisy Link
15 00315.079 Aurora Energy, 00310.017 The Telecommunications Companies, 00313.032 Queenstown Airport (in part)
UFD-P1, or is required to address a shortfall identified in accordance with UFD-P2,16
(2)
is logically and appropriately staged, and17 will not result in inefficient or sporadic patterns of
settlement and residential growth,
(3)
is integrated efficiently and effectively with
development infrastructure and
additional
infrastructure in a strategic, timely and co-ordinated way,
(3A) does not compromise the safe and efficient ongoing use of
nationally significant infrastructure
and
regionally significant infrastructure,18
(4)
addresses issues of concern to iwi and hapū, including those identified in any relevant iwi
planning documents,
(5)
manages adverse
effects on other values or resources identified by this RPS that require
specific management or protection,
(6)
avoids, as the first priority, highly productive land identified in accordance with LF-LS-P19,
(7)
locates the new urban/rural zone boundary interface by considering:
(a)
adverse
effects, particularly
reverse sensitivity, on
rural areas and existing or potential
primary production19 productive or
rural industry20 activities beyond the new boundary,
and
(b)
utilising21 key natural or built barriers or physical features, significant values or features
identified in this RPS, or cadastral boundaries that will result in a permanent, logical and
defendable long- term limit beyond which further urban expansion is demonstrably
inappropriate and unlikely, such that provision for future
development infrastructure expansion and connectivity beyond the new boundary does not need to be provided for,
or
(c)
reflects a short or medium term, intermediate or temporary utilising22 zoning or
infrastructure servicing boundary that reflects a short or medium term, intermediate or
temporary limit,23 where provision for future
development infrastructure expansion and
connectivity should not be foreclosed, even if further expansion is not currently
anticipated.
UFD-P5 – Commercial activities
Provide for
commercial activities in
urban areas by:
(1)
enabling a wide variety and scale of
commercial activities, social activities, recreational24and
cultural activities to concentrate in central business districts city, metropolitan,25 town centres
16 00136.011 Minister for the Environment, 00413.006 NZ Cherry Corp, 00204.008 Daisy Link
17 00139.258 DCC
18 00315.080 Aurora Energy, 00306.078 Meridian
19 00208.010 AgResearch, 00213.040 Fonterra, 00322.040 Fulton Hogan,
20 00410.008 Rural Contractors NZ
21 00405.011 Glenpanel, 00402.014 Sipka Holdings
22 00405.011Glenpanel, 00402.014 Sipka Holdings
23 00221.014 Silver Fern Farms, 00405.011 Glenpanel, 00402.014 Sipka Holdings
24 00206.071 Trojan, 00411.086 Wayfare
25 00139.260 DCC
and commercial zoned26 areas, especially if they are highly accessible by
public transport and
or27
active transport,
(2)
enabling smaller local and neighbourhood centres, mixed use zones28 and rural settlements to
accommodate a variety of
commercial activities, social, recreational activities29 and cultural
activities of a scale appropriate to service local community needs,
(3)
providing for the expansion of existing areas or establishment of new areas identified in (1)
and (2) by first applying UFD-P1 and UFD-P2, and
(4)
outside the areas described in (1) and (2), allow for small scale retail and service activities,
home occupations and
community services to establish within or close to the communities
they serve.
UFD-P6 – Industrial activities
Provide for
industrial activities in
urban areas by:
(1)
identifying specific locations and applying zoning suitable for accommodating
industrial
activities and their reasonable needs and
effects including supporting or
ancillary activities,
(2)
identifying a range of
land sizes and locations suitable for different
industrial activities, and their
operational needs including land-extensive activities,
(3)
managing the establishment of non industrial activities
, in industrial zones, by30 avoiding
activities likely to result in
reverse sensitivity effects on existing or potential31
industrial
activities (particularly residential or retail activities except yard-based retail),32 or likely to
result in an inefficient use of industrial zoned
land or
infrastructure, particularly where the
area: 33
(a)
the area34 provides for a significant
operational need for a particular
industrial
activity or grouping of
industrial activities that are unlikely or are less efficiently able
to be met in alternative locations, or
(b)
the area35 contains
nationally significant infrastructure36 or
regionally significant
infrastructure and the requirements of EIT–INF–P15 apply, and
(4)
in areas that are experiencing or expected to experience high demand from other urban
activities, and the criteria in (3)(a) or (3)(b) do not apply, managing the establishment of non-
industrial activities and the transition of industrial zoned areas to other purposes, and the
establishment of new areas37 by first applying (1) and (2).
26 00139.260 DCC
27 00401.013 Tussock Rise
28 00206.071 Trojan, 00411.086 Wayfare
29 00206.071 Trojan, 00411.086 Wayfare
30 00213.043 Fonterra
31 00213.043 Fonterra
32 00139.261 DCC
33 00510.064 The Fuel Companies
34 00510.064 The Fuel Companies
35 00510.064 The Fuel Companies
36 Clause 16(2), Schedule 1, RMA
37 00226.317 Kai Tahu ki Otago
UFD-P7 – Rural areas and Land for Economic Development
The management of
rural areas and land for economic development in Otago:
(1)
provides for the maintenance and, wherever possible, enhancement of important features and
values identified by this RPS,
(2)
outside areas identified in (1), maintains the productive capacity, amenity and character of
rural areas, as places where people live, work and recreate and where a range of activities and
services are required to support these rural functions, and provide for social and economic
wellbeing within rural communities and the wider region,38
(3)
enables prioritises39
food and fibre production primary production40 particularly on land or soils
within areas41 identified as
highly productive land42 in accordance with LF–LS–P19,
(4)
facilitates enables
primary production,43
rural industry and supporting activities to occur in
locations where they have access to the natural and physical resources that they depend on,
(5)
directs rural residential and rural lifestyle development to areas zoned for that purpose in
accordance with UFD-P8,
(5A) provides for the use by Kai Tahu of Native Reserves and
Te Ture Whenua Maori land, for
papakāika, kāika, nohoaka, marae and
marae related activities, and otherwise provides for
Kai Tahu use of rural areas and the resources and values they contain,44
(6)
restricts the establishment of residential activities,
sensitive activities, and other potentially
incompatible activities non rural businesses which could adversely affect, including by way of
reverse sensitivity, or fragmentation, the productive capacity of highly productive land or
existing or potential45
primary production and
rural industry activities, unless those
sensitive
activities are undertaken in accordance with UFD-P4, UFD-P8 or UFD-P9 as relevant,46 and
(7)
otherwise limits the establishment of residential activities,
sensitive activities, and other
potentially incompatible activities non rural businesses to those that can demonstrate:
(a)
an
functional need or47
operational need to be located in
rural areas., and48
(b) methods to avoid adverse effects, including by way of reverse sensitivity, on primary
production activities, rural productive capacity and amenity values, or where avoidance
is not practicable, remediation or mitigation, and49
38 00235.152 OWRUG, 00015.032 Oceana Gold
39 00226.318 Horticulture NZ, Kai Tahu ki Otago, 00015.032 Oceana Gold, 00235.152 OWRUG, 00410.009 Rural Contractors
NZ, 00016.024 Alluvium and Stoney Creek
40 00226.310 Kāi Tahu ki Otago and General Themes Section, in response to 00235.008 OWRUG
41 00236.102 Horticulture NZ, 00226.318 Kai Tahu ki Otago, 00015.032 Oceana Gold, 00235.152 OWRUG, 00410.009 Rural
Contractors NZ, 00016.024 Alluvium and Stoney Creek
42 00236.102 Horticulture NZ, 00226.318 Kai Tahu ki Otago, 00015.032 Oceana Gold, 00235.152 OWRUG, 00410.009 Rural
Contractors NZ, 00016.024 Alluvium and Stoney Creek
43 00226.310 Kāi Tahu ki Otago, and General Themes Section, in response to 00235.008 OWRUG and consequential to
amendment to subclause 2
44 00226.310 Kāi Tahu ki Otago
45 0015.032 Oceana Gold
46 00206.072 Trojan, 00411.135 Wayfare, 00402.016 & 00401.015 Sipka Holdings,
47 00321.095 Te Waihanga
48 00231.091 Fish and Game, 00411.135 Wayfare, 00206.072 Trojan, 00321.095 Te Waihanga
49 00221.015 Silver Fern Farms
(7A) may place constraints on certain rural activities where necessary for the effective management
of
nationally significant infrastructure or
regionally significant infrastructure.50
UFD- PX – Primary Production Activities which have a functional need or operational need
Provide for the management of natural and physical resources which allows for the continued
operation, maintenance and development of primary production activities, particularly those which
are constrained by the functional need to locate where the natural resource is, by:
(a) Recognising the value and long term benefits of the activity to the economic, social and
cultural wellbeing of the region;
(b) Recognising the value and long term benefits of primary production activities which support
significant infrastructure, life line utilities and other industry in the region;
(c) Ensuring that the adverse effects of primary production are appropriately managed;
(d) Maintain and where appropriate enhancing access to natural and physical resources;
(e) Avoiding or minimising the potential for reverse sensitivity; and
(f) Ensuring positive environmental outcomes are achieved.
UFD-P8 – Rural lifestyle and rural residential zones
The establishment, development or expansion of rural lifestyle and rural residential zones only
occurs where:
(1)
the
land is adjacent to existing or planned
urban areas and ready access to employment and
services is available,
(2)
despite the direction in (1), it51 also avoids
land identified for future urban development in a
relevant plan or
land reasonably likely to be required for its future urban development
potential, where the rural lifestyle or rural residential development would foreclose or reduce
efficient realisation of that urban development potential,
(3)
minimises impacts on existing
primary production and
rural industry and other rural
activities,52 rural production potential,
amenity values and the potential for
reverse sensitivity effects to arise in adjoining rural production zones,53
(4)
avoids, as the first priority,54 highly productive land identified in accordance with LF-LS-P169,55
(5)
the suitability of the area to accommodate the proposed development is demonstrated,
including
(a)
capacity for servicing by existing or planned
development infrastructure (including self-
servicing requirements),
(b)
particular regard is given to the individual and cumulative impacts of domestic56
water
50 00321.095 Te Waihanga
51 Clause 16(2), Schedule 1, RMA
52 00236.103 Horticulture NZ, 00208.012 AgResearch, 00235.153 OWRUG, 00410.010 Rural Contractors NZ
53 00236.103 Horticulture NZ, 00208.012 AgResearch, 00235.153 OWRUG, 00410.010 Rural Contractors NZ
54 00121.102 Ravensdown, and 00413.008 NZ Cherry Corp, 00414.006 Infinity in part
55 00226.319 Kai Tahu ki Otago, 0235.153 QLDC, 00121.102 Ravensdown
56 00219.019 FENZ
supply, wastewater
disposal, and
stormwater management including self-servicing, on
the receiving or supplying environment and impacts on capacity of
development
infrastructure, if provided, to meet other planned urban area demand, and
(c)
likely future demands or implications for publicly funded services including emergency
services57 and
additional infrastructure, and
(d)
does not compromise the safe and efficient ongoing use of
nationally significant
infrastructure or
regionally significant infrastructure, and
58
(6)
provides for the maintenance and wherever possible, enhancement, of important features and
values identified by this RPS.
UFD-P9 – Iwi, hapū and whānau
Facilitate the development, by mana whenua,59 of Native Reserves and
Te Ture Whenua Maori land,
for
papakāika, kāika, nohoaka,
and60
marae, and
marae related activities61 where existing or planned
development infrastructure of sufficient capacity is or can be provided (including allowance for self-
servicing systems).
UFD-P10 – Criteria for significant development capacity
‘Significant development capacity’ is provided for where a proposed plan change affecting an
urban
environment meets all of the following criteria:
(1)
the location, design and layout of the proposal will positively contribute to achieving a
well-
functioning urban environment,
(2)
the proposal is well-connected to the existing or planned urban area, particularly if it is located
along existing or planned transport corridors,
(3)
required
development infrastructure can be provided effectively and efficiently for the
proposal, and without material impact on planned
development infrastructure provision to, or
reduction in
development infrastructure capacity available for, other feasible, likely to be
realised developments, in the short-medium term,
(4)
the proposal makes a significant contribution to meeting a need identified in a
Housing and
Business Development Capacity Assessment, or a shortage identified in monitoring for:
(a)
housing of a particular price range or typology, particularly more affordable housing,
(b)
business space or
land of a particular size or locational type, or
(c)
community or educational facilities, and
(5)
when considering the significance of the proposal’s contribution to a matter in (4), this means
that the proposal’s contribution:
(a)
is of high yield relative to either the forecast demand or the identified shortfall,
57 00219.018 FENZ
58 00306.080 Meridian
59 0026.320 Kai Tahu ki Otago
60 0026.320 Kai Tahu ki Otago
61 0026.320 Kai Tahu ki Otago
(b)
will be realised in a timely (i.e. rapid) manner,
(c)
is likely to be taken up, and
(d)
will facilitate a net increase in district-wide up-take in the short to medium term.
Methods
UFD-M1 – Strategic planning
Otago Regional Council and
territorial authorities:
(1)
must, where they are Tier 2 local authorities, jointly determine housing
development capacity
that is feasible and likely to be taken up in the medium and long terms through
Housing and
Business Development Capacity Assessments,
(2)
should, for other districts, jointly determine demand and potential supply responses through
similar, but appropriately scaled strategic planning approaches,
(3)
must, where they are Tier 2 and Tier 3 local authorities, monitor and regularly assess and
report on the supply of, and demand for, residential, commercial and industrial zoned
land
development capacity available at the regional, district and
urban environment scales, and
other local authorities are encouraged to do so,
(4)
must coordinate the redevelopment and intensification of urban areas and the development
of extensions to urban areas with
infrastructure planning and development programmes, to
provide the required
development infrastructure and
additional infrastructure in an
integrated, timely, efficient and effective way, and to identify major existing and future
activities, constraints and opportunities62 and manage impacts on key values and resources,
identified by this RPS, and for Tier 2 local authorities to achieve this through jointly developed
Future Development Strategies and/or strategic planning, and for all other
local authorities
through strategic planning in accordance with UFD–P1,
(5)
must, where they are Tier 2 local authorities, develop housing bottom lines for urban
environments and include those bottom lines in APP10 and in the relevant
district plans,
(6)
must individually or jointly develop further regulatory or non-regulatory methods and actions
to implement strategic and spatial plans, including to guide the detail of how, when and where
development occurs, including matters of urban design, requirements around the timing,
provision, and responsibilities for open space, connections and infrastructure, including by
third parties, and the ongoing management of effects of urban development on matters of
local importance
, and
(7)
must involve
mana whenua, and provide opportunities for iwi, hapū and whānau involvement
in planning processes, including in decision making, to ensure provision is made for their needs
and aspirations, and cultural practices and values and to ensure the requirements of the MW
chapter are met, and the issues and values identified in RMIA are recognised and provided for.
62 00411.088 Wayfare, 00206.073 Trojan, 00219.012 FENZ
UFD-M2 – District plans
Territorial authorities must prepare or amend their
district plans as soon as practicable, and maintain
thereafter, to:
(1)
identify and provide for urban expansion and intensification, to occur in accordance with:
(a)
any adopted
future development strategy for the relevant district or region, which must
be completed in time to inform the 2024 Long Term Plan, or
(b)
where there is no
future development strategy, a
local authority adopted strategic plan
developed in accordance with UFD-P1, for the relevant area, district or region,
(2)
in accordance with any required
Housing and Business Development Capacity Assessments or
monitoring, including any
competitiveness margin, ensure there is always at least63 sufficient
development capacity that is feasible and likely to be taken up and, for Tier 2 urban
environments, at a minimum meets the bottom lines for housing in APP-10, and meets the
identified
land size and locational needs of the commercial and industrial sectors, and where
there is a shortage, respond in accordance with UFD-P2,64
(3)
ensure that urban development is designed to:
(a)
achieve a built form that relates well to its surrounding
environment, including by
identifying and managing impacts of urban development on values and resources
identified in this RPS,
(b)
provide for a diverse range of housing,
commercial activities, industrial and service
activities, social and cultural opportunities,
(c)
achieve an efficient use of
land, energy,
water and infrastructure,
(d)
promote the use of water sensitive design wherever practicable,
(e)
minimise the potential for reverse sensitivity
effects to arise, by managing the location
of incompatible activities, within the urban area, at the rural-urban interface, and in
rural areas , and65
(ea) avoid the potential for reverse sensitivity effects on
nationally significant infrastructure
and
regionally significant infrastructure, and66
(f)
reduce the adverse
effects of Otago’s cooler winter climate through designing new
subdivision and development to maximise passive winter solar gain and winter heat
retention, including through roading, lot size, dimensions, layout and orientation,
(4)
identify and provide for locations that are suitable for urban intensification in accordance with
UFD-P23,67
(5)
identify and provide for locations that are suitable for urban expansion, if any, in accordance
with UFD-P34,68
63 00204.003 Daisy Link, 00405.009 Glenpanel, 00402.012 Sipka Holdings, 00401.006 Tussock Rise
64 00401.012 Tussock Rise
65 00236.104 Horticulture NZ, 235.154 OWRUG
66 00510.065 The Fuel Companies
67 Clause 16(2), Schedule 1, RMA, 00138.222 QLDC, 00235.154 OWRUG
68 Clause 16(2), Schedule 1, RMA, 00138.222 QLDC, 00235.154 OWRUG
(6)
identify and provide for
commercial activities in accordance with UFD-P5,
(7)
identify and provide for
industrial activities in accordance with UFD-P6,
(8)
manage development in
rural areas in accordance with UFD-P7,
(8A) identify and provide for
primary production activities in accordance with UFD – PX,
(9)
manage rural residential and rural lifestyle activities in
rural areas69 in accordance with UFD–
P8,
(10) provide for
papakāika, kāika, nohoaka, and
marae and
marae related activities70, in accordance
with UFD–P9, and
(11) must involve
mana whenua and provide opportunities for iwi, hapū and whānau involvement
in planning processes, including in decision making, to ensure provision is made for their
needs and aspirations, and cultural practices and values and ensure the requirements of the
MW chapter are met, and the issues and values identified in RMIA are recognised and
provided for at the local level., and
(11A) ensure the design and maintenance of places and spaces, including streets, open spaces,
public
buildings and publicly accessible spaces so that they are safe, attractive, accessible and
usable by everyone in the community.71
UFD–M3 – Design of public spaces and surrounds
Territorial authorities must design and maintain public places and spaces, including streets, open
spaces, public
buildings and publicly accessible spaces so that they are safe, attractive, accessible
and usable by everyone in the community.
Explanation
UFD-E1 – Explanation
The policies in this chapter are designed to facilitate the provision of sufficient housing and business
capacity and ensure all of the region’s
urban areas demonstrate the features of
well-functioning
urban environments and meet the needs of current and future communities. Urban intensification
must be enabled, and urban expansion should be facilitated, however these important decisions
should be preceded and guided by strategic planning processes that consider how best this can be
achieved, while also maintaining and, wherever possible, enhancing the important values and
features identified in other chapters of this RPS, and in consideration of local context, values and
pressures. The strategic planning process will also consider and demonstrate where, when, how and
by whom the necessary
development infrastructure and
additional infrastructure will be provided in
order to both facilitate development and change and minimise environmental impacts from it,
including avoiding impacts on the operation of
regionally significant infrastructure 72
and nationally
69 00206.074 Trojan, 00411.136 Wayfare
70 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 0026.320 Kai Tahu ki Otago
71 00139.268 DCC
72 Clause 16(2), Schedule 1, RMA
significant infrastructure.
In addition, this chapter seeks to maintain the character and
amenity values of Otago’s rural areas,
including by facilitating the use of the
natural and physical resources that support the viability of the
rural sector. Otago’s rural and urban areas also contain significant natural, cultural and historic values
and features as identified by other parts of this RPS. In all cases while facilitating urban development
and managing rural productive activities these values must also be identified, maintained and,
wherever possible, enhanced. This approach includes direction on different types of development
within rural areas, managing the expansion and location of
urban areas, and rural lifestyle and rural
residential development, and directing that growth be enabled in
urban areas to minimise the need
for development to occur within rural areas, other than what is needed to facilitate rural community
and rural productive activities and particular activities that have a
functional need or
operational
need to locate in rural areas.73
The policies in this chapter are primarily focused on directing where development is and is not
appropriate and under what circumstances, but provides discretion for
local authorities to determine
the detail of how that development is managed, its ultimate density, height, bulk and location, timing
and sequencing, the detail of any required
development infrastructure and
additional infrastructure
that may be needed, , and allows for the consideration of particular locally significant features values
and needs that contribute to the attractiveness or uniqueness of the diverse communities,
landscapes, and environments of the region.
This more detailed determination must, however, be informed by evidence and information collated
through appropriately scaled
strategic planning processes and which will identify how constraints to
urban development, such as hazards, landscapes, highly productive land, and environmental limits,
are responded to, and opportunities for meeting demand, integration with lifeline utilities,
infrastructure and other requirements may be provided for. They74 will be implemented by a range
of regulatory and non-regulatory methods, including partnership arrangements with iwi, developers,
infrastructure providers and central government,75 joint development of
Housing and Business
Assessments and
Future Development Strategies for Tier 2 local authorities, and similar but
appropriately scaled processes undertaken in and for other areas, including regular regional, district
and
urban environment scale monitoring, analysis and evaluation.
In delivering on the objectives and policies in this chapter, which relate largely to human activities
and settlements, the natural, physical, and built values and features of importance to the region must
be recognised and provided for. These values and features are largely identified within other
chapters and provision of the RPS. They also provide detail on how they should be identified and
managed. Achieving the objectives of this chapter requires consideration of those other relevant
parts of this RPS.76
The following chapters of this Regional Policy Statement have particular relevance to the
achievement of the objectives of this chapter by identifying particular aspects of Domains or Topics
to be managed, and where there is an apparent conflict, must be balanced in accordance with the
73 0023.6105 Horticulture NZ - and consequential to amendments to UFD-P7 and UFD-P8
74 FENZ 00219.020, DCC 0139.268
75 FENZ 00219.020, DCC 0139.268 DCC 00139.268
76 00139.268, and 00139.259 DCC
directions outlined in the IM -77 Integrated Management chapter:
•
MW
– Mana Whenua
•
AIR – Air
•
CE – Coastal environment
•
LF –
Land and
freshwater
•
ECO – Ecosystems and indigenous
biodiversity
•
EIT – Energy,
infrastructure and transport
•
HAZ – Hazards and
risks
•
HCV – Historical and cultural values
•
NFL – Natural features and landscapes
Principal reasons
UFD-PR1 – Principal reasons
The provisions in this chapter assist in fulfilling the functions of the regional council under section
30(ba) and
territorial authorities under section 31(aa) of the RMA 199178 to ensure sufficient
development capacity in relation to housing and
business land to meet the expected demands of the
region and districts respectively. They also assist in giving effect to the similar but more detailed
requirements of the
NPSUD.
Urban areas are important for community well-being and are a reflection the inherently social nature
of humans.
Well-functioning urban areas enable social interactions and provide a wide variety (across
type, location and price) of housing, employment and recreational opportunities to meet the varied
and variable needs and preferences of communities, in a way that maximises the well-being of its
present and future inhabitants, and respects its history, its setting and the
environment. The
combination of population growth and demographic change will result in changes in the quantity and
qualities demanded of housing, employment, business,
infrastructure, social facilities, emergency
services and
lifeline utilities79 and other80 services across the region. Upgrade and replacement of the
existing development and infrastructure will also continue to be required even where growth is
limited, resulting in changes in the built environment. Some of these changes will also be driven by
changes in the
natural environment, including the impacts of climate change. Urban areas are highly
dynamic by nature, so the provisions in this chapter seek to manage, rather than limit, the form,
function, growth and development of urban areas in a way that best provides for the community’s
well- being both now and into the future.
The pace and scale of growth and change, and the scale and nature of urban environments and areas
in the region is variable, meaning no single response at a regional level is appropriate in all cases.
Accordingly, the process identified in this RPS remains flexible and responsive (outside of Tier 2
urban
environments, which have specific requirements under the
NPSUD). Key requirements of strategic
77 Clause 16(2), Schedule 1, RMA
78 Clause 16(2), Schedule 1, RMA
79 00219.020 FENZ
80 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00219.020 FENZ
planning include considering and providing for reasonably expected changes in overall quantum of
demand and supply as well as changes in needs and preferences that may drive or add to these
changes in demand, designing to maximise the efficient use of energy, land and infrastructure
(including transport infrastructure). This can best be achieved by prioritising development in and
around the region’s existing urban areas as the primary focus of the region’s growth and change, by
enabling development within and adjacent to those urban areas, where it generally is most suitable
and most efficient to do so.
These strategic planning processes provide the mechanism by which longer term issues can be
considered, integration between land use and infrastructure can be achieved, and various
constraints, opportunities and key trade-offs can be identified and appropriately resolved, while
identifying and managing the values and resources identified in this RPS. These processes, and others
should always involve
mana whenua, at all levels of the process to ensure their views and values can
be incorporated and celebrated, and their needs and aspirations appropriately provided for.
All development should seek to maximise efficient use of water consumption (through water
efficient design) and disposal. Rreduced81 consumption reduces sewerage loads, and the82 water
sensitive design reduces impacts on both supplying and receiving natural systems and can reduce
flooding from stormwater) 83, and maximise the winter capture and retention of the sun’s84 energy,
which will also assist with reducing the energy needed to heat homes in winter and can also help
reduce
air pollution from solid fuel burning for home heating. Development in more central parts of
the region also need to be designed to be cognisant of minimising excess sun capture in the summer
months. Enabling the establishment and use of
small-scale renewable energy generation also
facilitates local
energy resilience, contributes to national
renewable energy generation targets with
associated
climate change benefits, and may reduce the need for additional large-scale generation
and transmission infrastructure and associated impacts.
Rural areas are attractive as residential living areas, and for other non-rural activities. However, they
contain areas, activities and resources critical for rural production that can be impacted by sensitive
activities. Non-urban areas also contain a wide range of other values that can be negatively impacted
by the impacts of rural-residential and other activities, that do not have a functional need
functional
need85 to be in rural areas. The provisions in this chapter focus on managing where rural living
opportunities and other non-rural activities are provided for, so that the potential
effects on the rural
character, productive potential and the wide range of environmental values, features and resources
that rural areas also contain are appropriately managed. The supply of rural lifestyle opportunities
to meet demand should be directed to suitably located and zoned areas to minimise impacts on
values in rural areas. In designing and planning for rural residential and rural lifestyle development,
local authorities will need to be aware of the potential future constraints on future urban expansion
and development, including the cumulative impacts of infrastructure servicing irrespective of
whether this is onsite, community or through connections to urban reticulated schemes.
Implementation of the provisions in this chapter will occur partially through
regional plans but
primarily
district plan provisions, as well as through preparation of
future development strategies
81 Clause 16(2), Schedule 1, RMA
82 Clause 16(2), Schedule 1, RMA
83 Clause 16(2), Schedule 1, RMA
84 Clause 16(2), Schedule 1, RMA
85 Clause 16(2), Schedule 1, RMA
and
structure plans and the financial and infrastructure planning processes they inform. While the
functions and duties of regional and territorial authorities are different, each brings different focus
and responsibilities to the task of achieving
well-functioning urban environments. Working together,
and with others, in accordance with specified joint responsibilities under the NPSUD, will assist with
achieving the purpose of the RMA and the outcomes sought by this RPS.86
To appropriately and efficiently achieve the objectives and policies, other non-regulatory spatial
planning exercises and associated action plans, agreements and infrastructure delivery programs will
be needed to complement regulatory approaches, including setting aside the necessary funding for
delivery, and partnering with
mana whenua, central government, communities and developers to
deliver the quality and quantity of urban development needed to meet demand and provide for
change, improve land and development market competitiveness, and achieve resilient, efficient and
attractive urban places.
Anticipated environmental results
UFD-AER1
Appropriately scaled strategic planning occurs in advance of regulatory
planning, and regulatory plans are changed in a timely manner to facilitate
to outcomes identified in these processes.
UFD-AER2
Urban expansion only occurs when suitable and sufficient
development
infrastructure is in place or will be provided at the time of expansion and
provision is made for the needs of
additional infrastructure.
UFD-AER3
Development infrastructure is in place in time to facilitate reasonably
expected urban intensification or planned expansion.
UFD-AER4
New developments including redevelopments are designed to maximise
energy and transport efficiency and minimise impacts on
water quality and
quantity.
UFD-AER5
The majority of new development is located close to services, jobs, and
other urban amenities and can access those amenities by a range of
transport modes including
active transport and, where available,
public
transport.
UFD-AER6
The mode share and use of
active transport and where available,87
public
transport increases.
UFD-AER7
New developments are at minimal
risk from
natural hazards including
changes to
risk due to the impacts of
climate change, and do not increase
risk to existing or planned developments.
UFD-AER8
In existing urban areas at
risk from
natural hazards, including changes to
risk due to the impacts of
climate change, communities are informed,
resilient and prepared for the
effects of known
natural hazard risks.
UFD-AER9
There is an increased range of housing types and locations and an increased
86 00139.268 DCC
87 00139.272 DCC
number of
dwellings, particularly more affordable housing in existing and
planned
urban areas.
UFD-AER10
The current and future needs of business are met by the availability of a
range of opportunities for
land and space that meets their requirements.
UFD-AER11
All new rural residential or rural lifestyle development occurs within areas
zoned for this use.
UFD-AER12
The establishment of sensitive activities within rural areas does not result in
adverse effects on activities functionally dependent on rural resources and rural
surroundings88
UFD-AER13
Inappropriate urban expansion and urban activities do not adversely affect the
amenity and character of the region’s rural areas. 89
UFD-AER14
Mana whenua are involved in strategic planning and other planning
processes.90
UFD-AER15
The development of Native reserves and Te Ture Whenua Maori land occurs
in accordance with the needs, aspirations and cultural values of mana
whenua.91
UFD-AER16
Urban and rural development maintain recognised regionally significant
features and values.92
88 00237.064 Beef & Lamb, 00236.107 Horticulture NZ, 00239.180 Federated Farmers
89 00236.107 Horticulture NZ, 00208.001 AgResearch, 00239.180 Federated Farmers
90 00139.259 DCC
91 00237.064 Ngāi Tahu ki Murihiku
92 00237.064 Ngāi Tahu ki Murihiku
ECO – Ecosystems and indigenous biodiversity
Objectives
ECO-O1 – Indigenous biodiversity
Otago’s indigenous
biodiversity is healthy and thriving and any net1 decline in quality condition,2
quantity and diversity is halted.
ECO-O2 – Restoring or and3 enhancing
Restoration or enhancement activities result in a A net increase in the extent and
occupancy4 of
Otago’s indigenous
biodiversity results from restoration or enhancement.5
ECO-O3 – Kaitiakitaka6 and stewardship
Mana whenua are able to exercise their role recognised7 as kaitiaki of Otago’s indigenous
biodiversity,
and Otago’s communities are recognised as stewards, who are responsible for:
(1)
te hauora o te koiora (the health of indigenous
biodiversity), te hauora o te taoka (the health of
species and ecosystems that are taoka), and te hauora o te taiao (the health of the wider
environment), while
(2)
providing for te hauora o te takata (the health of the people).
ECO-O4 – Social, economic and cultural wellbeing
Protect and manage indigenous biodiversity in such a way that provides for the social, economic,
and cultural wellbeing of people and communities now and in the future.
Policies
ECO-P1 – Kaitiakitaka
Recognise the role of Enable8 Kāi Tahu to exercise their role9 as kaitiaki of Otago’s indigenous
biodiversity by:
1 00024.010 City Forests Limited
2 00306.042 Meridian
3 00226.215 Kāi Tahu ki Otago
4 00223.099 Ngāi Tahu ki Murihiku, 00226.215 Kāi Tahu ki Otago
5 00322.026 Fulton Hogan
6 00234.031 Te Rūnanga o Ngāi Tahu
7 00226.216 Kāi Tahu ki Otago, 00234.031 Te Rūnanga o Ngāi Tahu
8 00226.217 Kāi Tahu ki Otago
9 00226.217 Kāi Tahu ki Otago
(1)
involving Kāi Tahu in the management of indigenous
biodiversity, and
(1A) working with Kāi Tahu in10 the identification of indigenous species and ecosystems that are
taoka,
(2) incorporating the use of mātauraka Māori in the management and monitoring of indigenous
biodiversity, and
(3)
providing for facilitating11 access to and use of indigenous biodiversity by Kāi Tahu, including
mahika kai,12 according to tikaka.
ECO-P2 – Identifying significant natural areas and taoka
Identify and map:13
(1)
the areas and indigenous
biodiversity14 values of
significant natural areas in accordance with
APP2, and
(2)
where appropriate,15 indigenous species and ecosystems that are taoka in accordance with
ECO–M3.
ECO-P3 – Protecting significant natural areas and taoka
Except as provided for by ECO-P4 and ECO-P5, protect
significant natural areas (outside the coastal
environment)16
and indigenous species and ecosystems that are taoka by:
(1)
first17 avoiding adverse
effects that result in:
(a)
any reduction of the area or indigenous
biodiversity18 values identified and mapped under
ECO-P2(1),19 (even if those values are not themselves significant but contribute to an area
being identified as a
significant natural area20) identified under ECO–P2(1), or21 and
(b)
any loss of Kāi Tahu taoka22 values identified and mapped under ECO-P2(2)23, and
(2)
after (1), applying the biodiversity
effects management hierarchy (in relation to indigenous
biodiversity)24
in ECO-P6, and
10 00226.217 Kāi Tahu ki Otago
11 00239.099 Federated Farmers
12 00226.0038 Kāi Tahu ki Otago
13 00020.018 Rayonier Matariki
14 00226.218 Kāi Tahu ki Otago, 00230.101 Forest and Bird
15 00226.218 Kāi Tahu ki Otago
16 00237.007 Beef & Lamb and DINZ, 00137.016 DOC, 00226.035 Kāi Tahu ki Otago, 00120.011 Yellow-eyed Penguin Trust,
00230.016 Forest and Bird
17 00223.100 Ngāi Tahu ki Murihiku
18 00226.219 Kāi Tahu ki Otago
19 00230.102 Forest and Bird
20 00230.102 Forest and Bird
21 00230.102 Forest and Bird
22 00139.129 DCC
23 00138.033 QLDC
24 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
(3)
prior to
significant natural areas and indigenous species and ecosystems that are taoka being
identified and mapped25 in accordance with ECO-P2, adopt a precautionary approach towards
activities in accordance with IM–P15IM-P6(2).26
ECO-P4 – Provision for new activities
Maintain Otago’s indigenous
biodiversity by following the sequential steps in the
effects management
hierarchy (in relation to indigenous biodiversity)27 set out in ECO-P6 when making decisions on plans,
applications for
resource consent or notices of requirement for the following activities in
significant
natural areas (outside the coastal environment),28 or where they may adversely affect indigenous
species and ecosystems that are taoka:
(1)
the development, operation, maintenance29 or upgrade of
nationally significant infrastructure30
and
regionally significant infrastructure that has a
functional need31 or
operational need to
locate within the relevant
significant natural area(s) or where they may adversely affect
indigenous species or ecosystems that are taoka,
(2)
the development of
papakāika, marae and ancillary facilities associated with customary
activities on Māori land,32
(2A) the sustainable use of
mahika kai33 and kaimoana (seafood) by
mana whenua,34
(3)
the use of Māori land in a way that will make a significant contribution35 to enable
mana whenua to maintain their connection to their whenua and enhanceing the36 social, cultural or economic
well-being, of
takata whenua,37
(3A) the development, operation, maintenance or upgrade of mineral and/or aggregate extraction
activities that provide significant national or regional benefit and that has a functional need or
operational need to locate within the relevant significant natural areas(s) or where they may
adversely affect indigenous species or ecosystems that are taoka,
(4)
activities that are for the purpose of protecting, restoring or enhancing a
significant natural
area or indigenous species or ecosystems that are taoka, or
(5)
activities that are for the purpose of addressing a severe and or38 immediate
risk to public health
or safety.
25 00020.018 Rayonier Matariki
26 00139.040 DCC, 00121.027 Ravensdown
27 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
28 00237.007 Beef & Lamb and DINZ, 00137.016 DOC, 00226.035 Kāi Tahu ki Otago, 00120.011 Yellow-eyed Penguin Trust,
00230.016 Forest and Bird
29 00311.022 Trustpower Limited
30 00314.001 Transpower
31 00315.046 Aurora Energy, 00138.116 QLDC
32 ‘Māori land’ applies to land in native reserves that are held under Te Ture Whenua Māori act 1993
33 00226.0038 Kāi Tahu ki Otago
34 00226.220 Kāi Tahu ki Otago
35 00234.032 Te Rūnanga o Ngāi Tahu
36 00234.032 Te Rūnanga o Ngāi Tahu
37 00234.032 Te Rūnanga o Ngāi Tahu
38 00139.130 DCC
ECO-P5 – Existing activities in significant natural areas
Except as provided for by ECO–P4, pProvide39 for existing activities that are lawfully established40
within
significant natural areas (outside the coastal environment)41 and that may adversely affect
indigenous species and ecosystems that are taoka, if:
(1)
the continuation, maintenance and minor upgrades of an existing activity that is lawfully
established42 will not lead to the loss (including through cumulative loss) of extent or
degradation43 of the ecological integrity of any
significant natural area or indigenous species or
ecosystems that are taoka, and
(2)
the adverse
effects from the continuation, maintenance and minor upgrades of an existing
activity that is lawfully established44 are no greater in character, spatial extent, intensity or scale
than they were before this RPS became operative.
ECO-P6 – Maintaining indigenous biodiversity
Maintain Otago’s indigenous
biodiversity (excluding the coastal environment and areas managed
protected45 under ECO-P3) by applying the following
biodiversity effects management hierarchy (in
relation to indigenous biodiversity)46 in decision-making on applications for
resource consent and
notices of requirement.:
(1)
avoid adverse
effects as the first priority,
(2)
where adverse
effects demonstrably cannot be completely avoided, they are remedied,
(3)
where adverse
effects demonstrably cannot be completely avoided or remedied, they are
mitigated,
(4)
where there are residual adverse
effects after avoidance, remediation, and mitigation, then the
residual adverse
effects are offset in accordance with APP3, and
(5)
if
biodiversity offsetting of residual adverse
effects is not possible, then:
(a)
the residual adverse
effects are compensated for in accordance with APP4, and
(b)
if the residual adverse
effects cannot be compensated for in accordance with APP4, the
activity is avoided.
ECO-P7 – Coastal indigenous biodiversity
Coastal indigenous
biodiversity is managed by CE–P5, and implementation of CE–P5 also contributes
to achieving ECO–O1.
39 Under RMA Schedule 1, Clause 16(2) of the RMA amend the cross-referencing error
40 00230.104 Forest and Bird
41 00237.007 Beef & Lamb and DINZ, 00137.016 DOC, 00226.035 Kāi Tahu ki Otago, 00120.011 Yellow-eyed Penguin Trust,
00230.016 Forest and Bird
42 00230.104 Forest and Bird
43 Clause 16(2), Schedule 1, RMA (remove the italics from ‘degradation’ as this term is not defined in the pORPS)
44 00230.104 Forest and Bird
45 00230.105 Forest and Bird
46 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga
Indigenous biodiversity in the coastal environment is managed by the relevant provisions of this
chapter, except that:
(1)
significant natural areas in the coastal environment are managed by CE-P5(1) instead of ECO-
P3 to ECO-P5, and
(2)
other indigenous biodiversity in the coastal environment that is not part of a significant natural
area are also managed by CE-P5(2).47
ECO–P8 – Restoration and eEnhancement48
The extent,
occupancy49 and condition of Otago’s indigenous
biodiversity is increased by:
(1)
restoring and enhancing habitat for indigenous species, including taoka and
mahika kai50
species,
(2)
improving the health and
resilience of indigenous
biodiversity, including ecosystems, species,
important51 ecosystem function, and
intrinsic values, and
(3)
buffering or linking ecosystems, habitats and ecological corridors, ki uta ki tai.52
ECO-P9 – Wilding conifers
Reduce the impact of
wilding conifers on indigenous
biodiversity by:
(1)
avoiding afforestation the planting53 and
replanting of
plantation forests and permanent
forests54 with
wilding conifer species listed in APP5 within:
(a)
areas identified as
significant natural areas, and
(b)
buffer zones adjacent to
significant natural areas where it is necessary to protect the
significant natural area, and
(2)
supporting initiatives to control existing
wilding conifers and limit their further spread.
ECO-P10 – Integrated management
Implement an integrated and co-ordinated approach to managing Otago’s ecosystems and indigenous
biodiversity that:
(1)
ensures any permitted or controlled activity in a
regional plan55 or
district plan rule does not
compromise the achievement of ECO-O1,
(2)
recognises the interactions ki uta ki tai (from the mountains to the sea) between the terrestrial
environment,
fresh water, and the
coastal marine area, including:
47 00226.223 Kāi Tahu ki Otago, 00230.106 Forest and Bird
48 00226.224 Kāi Tahu ki Otago
49 00223.099 Ngāi Tahu ki Murihiku, 00226.215 Kāi Tahu ki Otago
50 00226.0038 Kāi Tahu ki Otago
51 00137.091 DOC
52 00138.037 QLDC
53 00137.092 DOC
54 00137.092 DOC
55 Clause 16(2), Schedule 1, RMA
(a)
the migration of fish species between
fresh and
coastal waters, and56
(b) the effects of land-use activities on the coastal environment,57
(2A) acknowledges that
climate change will affect indigenous
biodiversity, and manages activities
which exacerbate the effects of
climate change,58
(3)
promotes collaboration between individuals and agencies with
biodiversity responsibilities,
(4)
supports the various statutory and non-statutory approaches adopted to manage indigenous
biodiversity,
(5)
recognises the critical role of people and communities in actively managing the remaining
indigenous
biodiversity occurring on private
land, and
(6)
adopts regulatory and non-regulatory regional pest management programmes.
Methods
ECO-M1 – Statement of responsibilities
In accordance with section 62(1)(i)(iii) of the RMA 1991, the
local authorities responsible for the
control of
land use
to maintain indigenous
biological diversity are:
(1)
the Regional Council and
territorial authorities are responsible for specifying objectives, policies
and methods in
regional and
district plans for managing the margins of
wetlands,
rivers and
lakes,
(2)
the Regional Council is responsible for specifying objectives, policies and methods in
regional
plans:
(a)
in the
coastal marine area,
(b)
in
wetlands,
lakes and
rivers, and
(c)
in, on or under the
beds of
rivers and
lakes,
(3)
in addition to (1),
territorial authorities are responsible for specifying objectives, policies and
methods in
district plans outside of the areas listed in (2) above if they are not managed by the
Regional Council under (4), and
(4)
the Regional Council may be responsible for specifying objectives, policies and methods in
regional plans outside of the areas listed (1) above if:
(a)
the Regional Council reaches agreement with the relevant
territorial authority or
territorial authorities, and
(b)
if applicable, a transfer of powers in accordance with section 33 of the RMA 1991 occurs
from the relevant
territorial authority or
territorial authorities to the Regional Council.
56 00226.226 Kāi Tahu ki Otago
57 00226.226 Kāi Tahu ki Otago
58 00234.033 Te Rūnanga o Ngāi Tahu
ECO-M2 – Identification of significant natural areas
Local authorities must:
(1)
in accordance with the statement of responsibilities in ECO-M1, identify the areas and
indigenous
biodiversity59 values of
significant natural areas as required by ECO-P2, and
(2)
map and verify60 the areas and include the indigenous
biodiversity61 values identified under (1)
in the relevant
regional plans62 and
district plans, no later than 31 December 2030,63
(3)
recognise that indigenous
biodiversity spans jurisdictional boundaries by:
(a)
working collaboratively to ensure the areas identified by different
local authorities are
not artificially fragmented when identifying
significant natural areas that span
jurisdictional boundaries, and
(b)
ensuring that indigenous
biodiversity is managed in accordance with this RPS,
(4)
until
significant natural areas are identified and mapped in accordance with (1) and (2),64
require ecological assessments to be provided with applications for resource consent and
notices of requirement that requirement that identify whether affected areas are
significant
natural areas in accordance with APP2, and65
(5)
in the following areas, prioritise identification under (1) no later than 31 December 2025:
(a)
intermontane basins that contain indigenous vegetation and habitats,
(b) areas of dryland shrubs,
(c)
braided
rivers, including the Makarora, Mātukituki and Lower Waitaki Rivers,
(d)
areas of montane tall tussock grasslands, and
(e)
limestone habitats.
ECO-M3 – Identification of taoka
Local authorities must:
(1)
work together with
mana whenua to agree a process for:
(a)
identifying indigenous species and ecosystems that are taoka,
(b)
describing the taoka identified in (1)(a),
(c)
mapping or describing the location of the taoka identified in (1)(a), and
(d)
describing the values of each taoka identified in (1)(a), and
59 00226.228 Kāi Tahu ki Otago
60 00020.018 Rayonier Matariki
61 00226.228 Kāi Tahu ki Otago
62 Clause 16(2), Schedule 1, RMA
63 00139.036 DCC
64 00311.014 Queenstown Airport
65 Clause 16(2), Schedule 1, RMA
(2)
notwithstanding (1), recognise that
mana whenua have the right to choose not to identify
taoka and to choose the level of detail at which identified taoka, or their location or values,
are described, and
(3)
to the extent agreed by
mana whenua, amend their
regional and
district plans to include
matters (1)(b) to (1)(d) above.
ECO-M4 – Regional plans
Otago Regional Council must prepare or amend and maintain its
regional plans to:
(1)
if the requirements of ECO-P3 and ECO-P6 can be met, provide for the use of
lakes and
rivers
and their
beds, including:
(a)
activities undertaken for the purposes of pest control or maintaining or enhancing the
habitats of indigenous fauna, and
(b)
the maintenance and use of existing structures that are lawfully established66 (including
infrastructure), and
(c)
infrastructure, mineral extraction and/or aggregate extraction that have a
functional
need67 or
operational need to be sited or operated in a particular location,
(1A) control the clearance or modification of
indigenous vegetation, while allowing for
mahika kai68
and kaimoana (seafood) activities,69
(2)
require:
(a)
resource consent applications to include information that demonstrates that the
sequential steps in the
effects management hierarchy (in relation to indigenous
biodiversity)70 in ECO–P6 have been followed, and
(b)
that consents are not granted if the sequential steps in the effects management hierarchy
(in relation to indigenous biodiversity)71 in ECO–P6 have not been followed, and
(3)
provide for activities undertaken for the purpose of restoring or enhancing the habitats of
indigenous fauna.
ECO-M5 – District plans
Territorial authorities must prepare or amend and maintain their
district plans to:
(1)
if the requirements of ECO-P3 and ECO-P6 are met, provide for the use of
land and the surface
of
water bodies including:
(a)
activities undertaken for the purposes of pest control or maintaining or enhancing the
habitats of indigenous fauna, and
66 00230.113 Forest and Bird
67 00315.046 Aurora Energy, 00138.116 QLDC
68 00226.0038 Kāi Tahu ki Otago
69 00226.230 Kāi Tahi ki Otago / Aukaha
70 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
71 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
(b)
the maintenance and use of existing
structures (including
infrastructure), and
(c)
infrastructure, mineral and/or aggregate extraction that have a
functional or
operational need to be sited or operated in a particular location,
(2)
control the clearance or modification of indigenous vegetation, while allowing for
mahika kai72
activities,73
(3)
promote the establishment of
esplanade reserves and
esplanade strips, particularly where they
would support ecological corridors, buffering or connectivity between
significant natural areas,
or access to
mahika kai,74
(4)
require:
(a)
resource consent applications to include information that demonstrates that the
sequential steps in the
effects management hierarchy (in relation to indigenous
biodiversity)75 in ECO-P6 have been followed, and
(b)
that consents are not granted if the sequential steps in the
effects management hierarchy
(in relation to indigenous biodiversity)76 in ECO-P6 have not been followed, and
(5)
provide for activities undertaken for the purpose of restoring or enhancing the habitats of
indigenous fauna, and77
(6)
prohibit the planting of
wilding conifer species listed in APP5 within areas identified as
significant natural areas and buffer zones adjacent to
significant natural areas., and78
(7)
require buffer zones adjacent to
significant natural areas where it is necessary to protect the
significant natural area.79
ECO-M6 – Engagement
Local authorities, when implementing the policies in this chapter, will:
(1)
work collaboratively with other
local authorities to adopt an integrated approach to managing
Otago’s
biodiversity across administrative boundaries,
(2)
engage with individuals (including landowners and
land occupiers), community groups,
government agencies and other organisations with a role or an interest in
biodiversity management, and
(3)
consult directly with landowners and
land occupiers whose properties potentially contain or are
part of
significant natural areas.
72 00226.0038 Kāi Tahu ki Otago
73 00226.231 Kāi Tahu ki Otago
74 00226.231 Kāi Tahu ki Otago, 00226.0038 Kāi Tahu ki Otago
75 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
76 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
77 00140.026 Waitaki DC
78 00226.231 Kāi Tahu ki Otago
79 00140.026 Waitaki DC
ECO-M7 – Monitoring
Local authorities will:
(1)
establish long-term monitoring programmes for areas identified under ECO P1ECO-P280 that
measure the net loss and gain of indigenous
biodiversity,
(2)
record information (including data) over time81 about the state of species, vegetation types and
ecosystems, including
mahika kai82 species and ecosystems,83
(3)
to the extent possible, use mātauraka Māori and tikaka Māori monitoring methods, as well as
scientific monitoring methods, and
(4)
regularly report on matters in (1) and (2) and publish these reports.
ECO-M8 – Other incentives and mechanisms
Local authorities are encouraged to consider the use
of other mechanisms or incentives to assist in
achieving Policies ECO-P1 to ECO-P10, including:
(1)
providing information and guidance on the maintenance, restoration and enhancement of
indigenous ecosystems and,84 habitats, taoka and
mahika kai85 species and ecosystems,86
(2)
funding assistance for restoration projects (for example, through Otago Regional Council’s ECO
Fund),
(3)
supporting the control of pest plants and animals, including through the provision of advice and
education and implementing regulatory programmes such as the Regional Pest Management
Plan,
(4)
financial incentives,
(5)
covenants to protect areas of indigenous
biodiversity land87, including through the QEII National
Trust,
(6)
advocating for a collaborative approach between central and local government to fund
indigenous
biodiversity maintenance and enhancement, and
(7)
gathering information on indigenous ecosystems, and88 habitats, and taoka and
mahika kai89 species and ecosystems,90 including outside
significant natural areas.
80 00137.095 DOC, 00226.233 Kāi Tahu ki Otago
81 00226.233 Kāi Tahu ki Otago
82 00226.038 Kāi Tahu ki Otago
83 00226.233 Kāi Tahu ki Otago
84 00226.234 Kāi Tahu ki Otago
85 00226.038 Kāi Tahu ki Otago
86 00226.234 Kāi Tahu ki Otago
87 00230.117 Forest and Bird
88 00226.234 Kāi Tahu ki Otago
89 00226.038 Kāi Tahu ki Otago
90 00226.234 Kāi Tahu ki Otago
Explanation
ECO-E1 – Explanation
The first policy in this chapter outlines how the kaitiaki role of Kāi Tahu will be recognised in Otago.
The policies which follow then set out a management regime for identifying
significant natural areas and indigenous species and ecosystems that are taoka and protecting them by avoiding particular
adverse
effects on them. The policies recognise that these restrictions may be unduly restrictive for
some activities within
significant natural areas, including existing activities already established
. To
maintain ecosystems and indigenous
biodiversity, the policies set out mandatory and sequential steps
in an effects management hierarchy to be implemented through decision making, including providing
for
biodiversity offsetting and compensation if certain criteria are met.
Although the objectives of this chapter apply within the coastal environment, the specific
management approach for
biodiversity is contained in the CE – Coastal environment chapter. Given
the
biodiversity loss that has occurred in Otago historically, restoration or enhancement will play a
part in achieving the objectives of this chapter and these activities are promoted.
Wilding conifers are a particular issue for
biodiversity in Otago. Although
plantation forestry is
managed under the NESPF, the NESPF allows plan rules to be more stringent if they recognise and
provide for the protection of
significant natural areas. The policies adopt this direction by requiring
district plans91 and
regional plans to prevent
afforestation planting of conifer species92 within
significant natural areas and establish buffer zones where they are necessary to protect
significant
natural areas.
The policies recognise that managing ecosystems and indigenous
biodiversity requires co-ordination
across different areas and types of resources, as well as across organisations, communities and
individual landowners. This articulates the stewardship role of all people and communities in Otago in
respect of indigenous
biodiversity.
Principal reasons
ECO-PR1 – Principal reasons
The health of New Zealand’s
biodiversity has declined significantly since the arrival of humans and
remains under significant pressure. Mahika kai
Mahika kai93 and taoka species, including their
abundance, have been damaged or lost through resource use,
land use change and development in
Otago. The provisions in this chapter seek to address this loss and pressure through providing direction
on how indigenous
biodiversity is to be managed.
The provisions in this chapter assist in maintaining, protecting and restoring indigenous
biodiversity by:
•
stating the outcomes sought for ecosystems and indigenous
biodiversity in Otago,
91 Clause 16(2), Schedule 1, RMA
92 00239.111 Federated Farmers
93 00226.0038 Kāi Tahu ki Otago
•
requiring identification and protection of
significant natural areas and indigenous species and
ecosystems that are taoka, and
•
directing how indigenous
biodiversity is to be maintained.
This chapter will assist with achieving the outcomes sought by
Te Mana o te Taiao – Aotearoa New
Zealand Biodiversity Strategy 2020. Implementation of the provisions in this chapter will occur
primarily through
regional and
district plan provisions, however
local authorities may also choose to
adopt additional non-regulatory methods to support the achievement of the objectives.
Anticipated environmental results
ECO-AER1
There is no further decline in the quality, quantity or diversity of Otago’s
indigenous
biodiversity.
ECO-AER2
The quality, quantity and diversity of indigenous
biodiversity within Otago
improves over the life of this Regional Policy Statement.
ECO-AER3
Kāi Tahu are involved in the management of indigenous
biodiversity and able
to effectively exercise their
kaitiakitaka.
ECO-AER4
Within
significant natural areas, the area of
land vegetated by
wilding conifers is reduced.
ECO – Ecosystems and indigenous biodiversity
Objectives
ECO-O1 – Indigenous biodiversity
Otago’s indigenous
biodiversity is healthy and thriving and any net1 decline in quality condition,2
quantity and diversity is halted.
ECO-O2 – Restoring or and3 enhancing
Restoration or enhancement activities result in a A net increase in the extent and
occupancy4 of
Otago’s indigenous
biodiversity results from restoration or enhancement.5
ECO-O3 – Kaitiakitaka6 and stewardship
Mana whenua are able to exercise their role recognised7 as kaitiaki of Otago’s indigenous
biodiversity,
and Otago’s communities are recognised as stewards, who are responsible for:
(1)
te hauora o te koiora (the health of indigenous
biodiversity), te hauora o te taoka (the health of
species and ecosystems that are taoka), and te hauora o te taiao (the health of the wider
environment), while
(2)
providing for te hauora o te takata (the health of the people).
ECO-O4 – Social, economic and cultural wellbeing
Protect and manage indigenous biodiversity in such a way that provides for the social, economic,
and cultural wellbeing of people and communities now and in the future.
Policies
ECO-P1 – Kaitiakitaka
Recognise the role of Enable8 Kāi Tahu to exercise their role9 as kaitiaki of Otago’s indigenous
biodiversity by:
1 00024.010 City Forests Limited
2 00306.042 Meridian
3 00226.215 Kāi Tahu ki Otago
4 00223.099 Ngāi Tahu ki Murihiku, 00226.215 Kāi Tahu ki Otago
5 00322.026 Fulton Hogan
6 00234.031 Te Rūnanga o Ngāi Tahu
7 00226.216 Kāi Tahu ki Otago, 00234.031 Te Rūnanga o Ngāi Tahu
8 00226.217 Kāi Tahu ki Otago
9 00226.217 Kāi Tahu ki Otago
(1)
involving Kāi Tahu in the management of indigenous
biodiversity, and
(1A) working with Kāi Tahu in10 the identification of indigenous species and ecosystems that are
taoka,
(2) incorporating the use of mātauraka Māori in the management and monitoring of indigenous
biodiversity, and
(3)
providing for facilitating11 access to and use of indigenous biodiversity by Kāi Tahu, including
mahika kai,12 according to tikaka.
ECO-P2 – Identifying significant natural areas and taoka
Identify and map:13
(1)
the areas and indigenous
biodiversity14 values of
significant natural areas in accordance with
APP2, and
(2)
where appropriate,15 indigenous species and ecosystems that are taoka in accordance with
ECO–M3.
ECO-P3 – Protecting significant natural areas and taoka
Except as provided for by ECO-P4 and ECO-P5, protect
significant natural areas (outside the coastal
environment)16
and indigenous species and ecosystems that are taoka by:
(1)
first17 avoiding adverse
effects that result in:
(a)
any reduction of the area or indigenous
biodiversity18 values identified and mapped under
ECO-P2(1),19 (even if those values are not themselves significant but contribute to an area
being identified as a
significant natural area20) identified under ECO–P2(1), or21 and
(b)
any loss of Kāi Tahu taoka22 values identified and mapped under ECO-P2(2)23, and
(2)
after (1), applying the biodiversity
effects management hierarchy (in relation to indigenous
biodiversity)24
in ECO-P6, and
10 00226.217 Kāi Tahu ki Otago
11 00239.099 Federated Farmers
12 00226.0038 Kāi Tahu ki Otago
13 00020.018 Rayonier Matariki
14 00226.218 Kāi Tahu ki Otago, 00230.101 Forest and Bird
15 00226.218 Kāi Tahu ki Otago
16 00237.007 Beef & Lamb and DINZ, 00137.016 DOC, 00226.035 Kāi Tahu ki Otago, 00120.011 Yellow-eyed Penguin Trust,
00230.016 Forest and Bird
17 00223.100 Ngāi Tahu ki Murihiku
18 00226.219 Kāi Tahu ki Otago
19 00230.102 Forest and Bird
20 00230.102 Forest and Bird
21 00230.102 Forest and Bird
22 00139.129 DCC
23 00138.033 QLDC
24 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
(3)
prior to
significant natural areas and indigenous species and ecosystems that are taoka being
identified and mapped25 in accordance with ECO-P2, adopt a precautionary approach towards
activities in accordance with IM–P15IM-P6(2).26
ECO-P4 – Provision for new activities
Maintain Otago’s indigenous
biodiversity by following the sequential steps in the
effects management
hierarchy (in relation to indigenous biodiversity)27 set out in ECO-P6 when making decisions on plans,
applications for
resource consent or notices of requirement for the following activities in
significant
natural areas (outside the coastal environment),28 or where they may adversely affect indigenous
species and ecosystems that are taoka:
(1)
the development, operation, maintenance29 or upgrade of
nationally significant infrastructure30
and
regionally significant infrastructure that has a
functional need31 or
operational need to
locate within the relevant
significant natural area(s) or where they may adversely affect
indigenous species or ecosystems that are taoka,
(2)
the development of
papakāika, marae and ancillary facilities associated with customary
activities on Māori land,32
(2A) the sustainable use of
mahika kai33 and kaimoana (seafood) by
mana whenua,34
(3)
the use of Māori land in a way that will make a significant contribution35 to enable
mana whenua to maintain their connection to their whenua and enhanceing the36 social, cultural or economic
well-being, of
takata whenua,37
(3A) the development, operation, maintenance or upgrade of mineral and/or aggregate extraction
activities that provide significant national or regional benefit and that has a functional need or
operational need to locate within the relevant significant natural areas(s) or where they may
adversely affect indigenous species or ecosystems that are taoka,
(4)
activities that are for the purpose of protecting, restoring or enhancing a
significant natural
area or indigenous species or ecosystems that are taoka, or
(5)
activities that are for the purpose of addressing a severe and or38 immediate
risk to public health
or safety.
25 00020.018 Rayonier Matariki
26 00139.040 DCC, 00121.027 Ravensdown
27 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
28 00237.007 Beef & Lamb and DINZ, 00137.016 DOC, 00226.035 Kāi Tahu ki Otago, 00120.011 Yellow-eyed Penguin Trust,
00230.016 Forest and Bird
29 00311.022 Trustpower Limited
30 00314.001 Transpower
31 00315.046 Aurora Energy, 00138.116 QLDC
32 ‘Māori land’ applies to land in native reserves that are held under Te Ture Whenua Māori act 1993
33 00226.0038 Kāi Tahu ki Otago
34 00226.220 Kāi Tahu ki Otago
35 00234.032 Te Rūnanga o Ngāi Tahu
36 00234.032 Te Rūnanga o Ngāi Tahu
37 00234.032 Te Rūnanga o Ngāi Tahu
38 00139.130 DCC
ECO-P5 – Existing activities in significant natural areas
Except as provided for by ECO–P4, pProvide39 for existing activities that are lawfully established40
within
significant natural areas (outside the coastal environment)41 and that may adversely affect
indigenous species and ecosystems that are taoka, if:
(1)
the continuation, maintenance and minor upgrades of an existing activity that is lawfully
established42 will not lead to the loss (including through cumulative loss) of extent or
degradation43 of the ecological integrity of any
significant natural area or indigenous species or
ecosystems that are taoka, and
(2)
the adverse
effects from the continuation, maintenance and minor upgrades of an existing
activity that is lawfully established44 are no greater in character, spatial extent, intensity or scale
than they were before this RPS became operative.
ECO-P6 – Maintaining indigenous biodiversity
Maintain Otago’s indigenous
biodiversity (excluding the coastal environment and areas managed
protected45 under ECO-P3) by applying the following
biodiversity effects management hierarchy (in
relation to indigenous biodiversity)46 in decision-making on applications for
resource consent and
notices of requirement.:
(1)
avoid adverse
effects as the first priority,
(2)
where adverse
effects demonstrably cannot be completely avoided, they are remedied,
(3)
where adverse
effects demonstrably cannot be completely avoided or remedied, they are
mitigated,
(4)
where there are residual adverse
effects after avoidance, remediation, and mitigation, then the
residual adverse
effects are offset in accordance with APP3, and
(5)
if
biodiversity offsetting of residual adverse
effects is not possible, then:
(a)
the residual adverse
effects are compensated for in accordance with APP4, and
(b)
if the residual adverse
effects cannot be compensated for in accordance with APP4, the
activity is avoided.
ECO-P7 – Coastal indigenous biodiversity
Coastal indigenous
biodiversity is managed by CE–P5, and implementation of CE–P5 also contributes
to achieving ECO–O1.
39 Under RMA Schedule 1, Clause 16(2) of the RMA amend the cross-referencing error
40 00230.104 Forest and Bird
41 00237.007 Beef & Lamb and DINZ, 00137.016 DOC, 00226.035 Kāi Tahu ki Otago, 00120.011 Yellow-eyed Penguin Trust,
00230.016 Forest and Bird
42 00230.104 Forest and Bird
43 Clause 16(2), Schedule 1, RMA (remove the italics from ‘degradation’ as this term is not defined in the pORPS)
44 00230.104 Forest and Bird
45 00230.105 Forest and Bird
46 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga
Indigenous biodiversity in the coastal environment is managed by the relevant provisions of this
chapter, except that:
(1)
significant natural areas in the coastal environment are managed by CE-P5(1) instead of ECO-
P3 to ECO-P5, and
(2)
other indigenous biodiversity in the coastal environment that is not part of a significant natural
area are also managed by CE-P5(2).47
ECO–P8 – Restoration and eEnhancement48
The extent,
occupancy49 and condition of Otago’s indigenous
biodiversity is increased by:
(1)
restoring and enhancing habitat for indigenous species, including taoka and
mahika kai50
species,
(2)
improving the health and
resilience of indigenous
biodiversity, including ecosystems, species,
important51 ecosystem function, and
intrinsic values, and
(3)
buffering or linking ecosystems, habitats and ecological corridors, ki uta ki tai.52
ECO-P9 – Wilding conifers
Reduce the impact of
wilding conifers on indigenous
biodiversity by:
(1)
avoiding afforestation the planting53 and
replanting of
plantation forests and permanent
forests54 with
wilding conifer species listed in APP5 within:
(a)
areas identified as
significant natural areas, and
(b)
buffer zones adjacent to
significant natural areas where it is necessary to protect the
significant natural area, and
(2)
supporting initiatives to control existing
wilding conifers and limit their further spread.
ECO-P10 – Integrated management
Implement an integrated and co-ordinated approach to managing Otago’s ecosystems and indigenous
biodiversity that:
(1)
ensures any permitted or controlled activity in a
regional plan55 or
district plan rule does not
compromise the achievement of ECO-O1,
(2)
recognises the interactions ki uta ki tai (from the mountains to the sea) between the terrestrial
environment,
fresh water, and the
coastal marine area, including:
47 00226.223 Kāi Tahu ki Otago, 00230.106 Forest and Bird
48 00226.224 Kāi Tahu ki Otago
49 00223.099 Ngāi Tahu ki Murihiku, 00226.215 Kāi Tahu ki Otago
50 00226.0038 Kāi Tahu ki Otago
51 00137.091 DOC
52 00138.037 QLDC
53 00137.092 DOC
54 00137.092 DOC
55 Clause 16(2), Schedule 1, RMA
(a)
the migration of fish species between
fresh and
coastal waters, and56
(b) the effects of land-use activities on the coastal environment,57
(2A) acknowledges that
climate change will affect indigenous
biodiversity, and manages activities
which exacerbate the effects of
climate change,58
(3)
promotes collaboration between individuals and agencies with
biodiversity responsibilities,
(4)
supports the various statutory and non-statutory approaches adopted to manage indigenous
biodiversity,
(5)
recognises the critical role of people and communities in actively managing the remaining
indigenous
biodiversity occurring on private
land, and
(6)
adopts regulatory and non-regulatory regional pest management programmes.
Methods
ECO-M1 – Statement of responsibilities
In accordance with section 62(1)(i)(iii) of the RMA 1991, the
local authorities responsible for the
control of
land use
to maintain indigenous
biological diversity are:
(1)
the Regional Council and
territorial authorities are responsible for specifying objectives, policies
and methods in
regional and
district plans for managing the margins of
wetlands,
rivers and
lakes,
(2)
the Regional Council is responsible for specifying objectives, policies and methods in
regional
plans:
(a)
in the
coastal marine area,
(b)
in
wetlands,
lakes and
rivers, and
(c)
in, on or under the
beds of
rivers and
lakes,
(3)
in addition to (1),
territorial authorities are responsible for specifying objectives, policies and
methods in
district plans outside of the areas listed in (2) above if they are not managed by the
Regional Council under (4), and
(4)
the Regional Council may be responsible for specifying objectives, policies and methods in
regional plans outside of the areas listed (1) above if:
(a)
the Regional Council reaches agreement with the relevant
territorial authority or
territorial authorities, and
(b)
if applicable, a transfer of powers in accordance with section 33 of the RMA 1991 occurs
from the relevant
territorial authority or
territorial authorities to the Regional Council.
56 00226.226 Kāi Tahu ki Otago
57 00226.226 Kāi Tahu ki Otago
58 00234.033 Te Rūnanga o Ngāi Tahu
ECO-M2 – Identification of significant natural areas
Local authorities must:
(1)
in accordance with the statement of responsibilities in ECO-M1, identify the areas and
indigenous
biodiversity59 values of
significant natural areas as required by ECO-P2, and
(2)
map and verify60 the areas and include the indigenous
biodiversity61 values identified under (1)
in the relevant
regional plans62 and
district plans, no later than 31 December 2030,63
(3)
recognise that indigenous
biodiversity spans jurisdictional boundaries by:
(a)
working collaboratively to ensure the areas identified by different
local authorities are
not artificially fragmented when identifying
significant natural areas that span
jurisdictional boundaries, and
(b)
ensuring that indigenous
biodiversity is managed in accordance with this RPS,
(4)
until
significant natural areas are identified and mapped in accordance with (1) and (2),64
require ecological assessments to be provided with applications for resource consent and
notices of requirement that requirement that identify whether affected areas are
significant
natural areas in accordance with APP2, and65
(5)
in the following areas, prioritise identification under (1) no later than 31 December 2025:
(a)
intermontane basins that contain indigenous vegetation and habitats,
(b) areas of dryland shrubs,
(c)
braided
rivers, including the Makarora, Mātukituki and Lower Waitaki Rivers,
(d)
areas of montane tall tussock grasslands, and
(e)
limestone habitats.
ECO-M3 – Identification of taoka
Local authorities must:
(1)
work together with
mana whenua to agree a process for:
(a)
identifying indigenous species and ecosystems that are taoka,
(b)
describing the taoka identified in (1)(a),
(c)
mapping or describing the location of the taoka identified in (1)(a), and
(d)
describing the values of each taoka identified in (1)(a), and
59 00226.228 Kāi Tahu ki Otago
60 00020.018 Rayonier Matariki
61 00226.228 Kāi Tahu ki Otago
62 Clause 16(2), Schedule 1, RMA
63 00139.036 DCC
64 00311.014 Queenstown Airport
65 Clause 16(2), Schedule 1, RMA
(2)
notwithstanding (1), recognise that
mana whenua have the right to choose not to identify
taoka and to choose the level of detail at which identified taoka, or their location or values,
are described, and
(3)
to the extent agreed by
mana whenua, amend their
regional and
district plans to include
matters (1)(b) to (1)(d) above.
ECO-M4 – Regional plans
Otago Regional Council must prepare or amend and maintain its
regional plans to:
(1)
if the requirements of ECO-P3 and ECO-P6 can be met, provide for the use of
lakes and
rivers
and their
beds, including:
(a)
activities undertaken for the purposes of pest control or maintaining or enhancing the
habitats of indigenous fauna, and
(b)
the maintenance and use of existing structures that are lawfully established66 (including
infrastructure), and
(c)
infrastructure, mineral extraction and/or aggregate extraction that have a
functional
need67 or
operational need to be sited or operated in a particular location,
(1A) control the clearance or modification of
indigenous vegetation, while allowing for
mahika kai68
and kaimoana (seafood) activities,69
(2)
require:
(a)
resource consent applications to include information that demonstrates that the
sequential steps in the
effects management hierarchy (in relation to indigenous
biodiversity)70 in ECO–P6 have been followed, and
(b)
that consents are not granted if the sequential steps in the effects management hierarchy
(in relation to indigenous biodiversity)71 in ECO–P6 have not been followed, and
(3)
provide for activities undertaken for the purpose of restoring or enhancing the habitats of
indigenous fauna.
ECO-M5 – District plans
Territorial authorities must prepare or amend and maintain their
district plans to:
(1)
if the requirements of ECO-P3 and ECO-P6 are met, provide for the use of
land and the surface
of
water bodies including:
(a)
activities undertaken for the purposes of pest control or maintaining or enhancing the
habitats of indigenous fauna, and
66 00230.113 Forest and Bird
67 00315.046 Aurora Energy, 00138.116 QLDC
68 00226.0038 Kāi Tahu ki Otago
69 00226.230 Kāi Tahi ki Otago / Aukaha
70 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
71 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
(b)
the maintenance and use of existing
structures (including
infrastructure), and
(c)
infrastructure, mineral and/or aggregate extraction that have a
functional or
operational need to be sited or operated in a particular location,
(2)
control the clearance or modification of indigenous vegetation, while allowing for
mahika kai72
activities,73
(3)
promote the establishment of
esplanade reserves and
esplanade strips, particularly where they
would support ecological corridors, buffering or connectivity between
significant natural areas,
or access to
mahika kai,74
(4)
require:
(a)
resource consent applications to include information that demonstrates that the
sequential steps in the
effects management hierarchy (in relation to indigenous
biodiversity)75 in ECO-P6 have been followed, and
(b)
that consents are not granted if the sequential steps in the
effects management hierarchy
(in relation to indigenous biodiversity)76 in ECO-P6 have not been followed, and
(5)
provide for activities undertaken for the purpose of restoring or enhancing the habitats of
indigenous fauna, and77
(6)
prohibit the planting of
wilding conifer species listed in APP5 within areas identified as
significant natural areas and buffer zones adjacent to
significant natural areas., and78
(7)
require buffer zones adjacent to
significant natural areas where it is necessary to protect the
significant natural area.79
ECO-M6 – Engagement
Local authorities, when implementing the policies in this chapter, will:
(1)
work collaboratively with other
local authorities to adopt an integrated approach to managing
Otago’s
biodiversity across administrative boundaries,
(2)
engage with individuals (including landowners and
land occupiers), community groups,
government agencies and other organisations with a role or an interest in
biodiversity management, and
(3)
consult directly with landowners and
land occupiers whose properties potentially contain or are
part of
significant natural areas.
72 00226.0038 Kāi Tahu ki Otago
73 00226.231 Kāi Tahu ki Otago
74 00226.231 Kāi Tahu ki Otago, 00226.0038 Kāi Tahu ki Otago
75 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
76 00016.013 Alluvium and Stoney Creek, 0017.011 Danny Walker and Others, 00321.022 Te Waihanga, 00137.009 DOC
77 00140.026 Waitaki DC
78 00226.231 Kāi Tahu ki Otago
79 00140.026 Waitaki DC
ECO-M7 – Monitoring
Local authorities will:
(1)
establish long-term monitoring programmes for areas identified under ECO P1ECO-P280 that
measure the net loss and gain of indigenous
biodiversity,
(2)
record information (including data) over time81 about the state of species, vegetation types and
ecosystems, including
mahika kai82 species and ecosystems,83
(3)
to the extent possible, use mātauraka Māori and tikaka Māori monitoring methods, as well as
scientific monitoring methods, and
(4)
regularly report on matters in (1) and (2) and publish these reports.
ECO-M8 – Other incentives and mechanisms
Local authorities are encouraged to consider the use
of other mechanisms or incentives to assist in
achieving Policies ECO-P1 to ECO-P10, including:
(1)
providing information and guidance on the maintenance, restoration and enhancement of
indigenous ecosystems and,84 habitats, taoka and
mahika kai85 species and ecosystems,86
(2)
funding assistance for restoration projects (for example, through Otago Regional Council’s ECO
Fund),
(3)
supporting the control of pest plants and animals, including through the provision of advice and
education and implementing regulatory programmes such as the Regional Pest Management
Plan,
(4)
financial incentives,
(5)
covenants to protect areas of indigenous
biodiversity land87, including through the QEII National
Trust,
(6)
advocating for a collaborative approach between central and local government to fund
indigenous
biodiversity maintenance and enhancement, and
(7)
gathering information on indigenous ecosystems, and88 habitats, and taoka and
mahika kai89 species and ecosystems,90 including outside
significant natural areas.
80 00137.095 DOC, 00226.233 Kāi Tahu ki Otago
81 00226.233 Kāi Tahu ki Otago
82 00226.038 Kāi Tahu ki Otago
83 00226.233 Kāi Tahu ki Otago
84 00226.234 Kāi Tahu ki Otago
85 00226.038 Kāi Tahu ki Otago
86 00226.234 Kāi Tahu ki Otago
87 00230.117 Forest and Bird
88 00226.234 Kāi Tahu ki Otago
89 00226.038 Kāi Tahu ki Otago
90 00226.234 Kāi Tahu ki Otago
Explanation
ECO-E1 – Explanation
The first policy in this chapter outlines how the kaitiaki role of Kāi Tahu will be recognised in Otago.
The policies which follow then set out a management regime for identifying
significant natural areas and indigenous species and ecosystems that are taoka and protecting them by avoiding particular
adverse
effects on them. The policies recognise that these restrictions may be unduly restrictive for
some activities within
significant natural areas, including existing activities already established
. To
maintain ecosystems and indigenous
biodiversity, the policies set out mandatory and sequential steps
in an effects management hierarchy to be implemented through decision making, including providing
for
biodiversity offsetting and compensation if certain criteria are met.
Although the objectives of this chapter apply within the coastal environment, the specific
management approach for
biodiversity is contained in the CE – Coastal environment chapter. Given
the
biodiversity loss that has occurred in Otago historically, restoration or enhancement will play a
part in achieving the objectives of this chapter and these activities are promoted.
Wilding conifers are a particular issue for
biodiversity in Otago. Although
plantation forestry is
managed under the NESPF, the NESPF allows plan rules to be more stringent if they recognise and
provide for the protection of
significant natural areas. The policies adopt this direction by requiring
district plans91 and
regional plans to prevent
afforestation planting of conifer species92 within
significant natural areas and establish buffer zones where they are necessary to protect
significant
natural areas.
The policies recognise that managing ecosystems and indigenous
biodiversity requires co-ordination
across different areas and types of resources, as well as across organisations, communities and
individual landowners. This articulates the stewardship role of all people and communities in Otago in
respect of indigenous
biodiversity.
Principal reasons
ECO-PR1 – Principal reasons
The health of New Zealand’s
biodiversity has declined significantly since the arrival of humans and
remains under significant pressure. Mahika kai
Mahika kai93 and taoka species, including their
abundance, have been damaged or lost through resource use,
land use change and development in
Otago. The provisions in this chapter seek to address this loss and pressure through providing direction
on how indigenous
biodiversity is to be managed.
The provisions in this chapter assist in maintaining, protecting and restoring indigenous
biodiversity by:
•
stating the outcomes sought for ecosystems and indigenous
biodiversity in Otago,
91 Clause 16(2), Schedule 1, RMA
92 00239.111 Federated Farmers
93 00226.0038 Kāi Tahu ki Otago
•
requiring identification and protection of
significant natural areas and indigenous species and
ecosystems that are taoka, and
•
directing how indigenous
biodiversity is to be maintained.
This chapter will assist with achieving the outcomes sought by
Te Mana o te Taiao – Aotearoa New
Zealand Biodiversity Strategy 2020. Implementation of the provisions in this chapter will occur
primarily through
regional and
district plan provisions, however
local authorities may also choose to
adopt additional non-regulatory methods to support the achievement of the objectives.
Anticipated environmental results
ECO-AER1
There is no further decline in the quality, quantity or diversity of Otago’s
indigenous
biodiversity.
ECO-AER2
The quality, quantity and diversity of indigenous
biodiversity within Otago
improves over the life of this Regional Policy Statement.
ECO-AER3
Kāi Tahu are involved in the management of indigenous
biodiversity and able
to effectively exercise their
kaitiakitaka.
ECO-AER4
Within
significant natural areas, the area of
land vegetated by
wilding conifers is reduced.
LF-LS – Land and soil
Objectives
LF-LS-O11 – Land and soil
The life-supporting capacity of Otago’s soil resources is safeguarded,1 and the access to, availability
and productive capacity of
highly productive land for
primary production food and fibre production2
is
maintained,3 now and for future generations.
LF-LS-O12 – Use of land
The use of
land in Otago maintains soil quality and contributes to achieving
environmental outcomes for
fresh water.
LF-LS-O13 – Resource Use and Development
To recognise the role of resource use and development within the Otago region and its contribution
to enabling people and communities to provide for their social, economic and cultural wellbeing.
Policies
LF-LS-P16 – Integrated management
Recognise that maintaining soil quality requires the integrated management of
land and
freshwater resources including the interconnections between soil health, vegetative cover and
water quality and
quantity.
LF-LS-P17 – Soil values
Maintain the mauri, health and productive potential of soils by managing the use and development of
land in a way that is suited to the natural soil characteristics and that sustains healthy:
(1)
soil biological activity and
biodiversity,
(2)
soil structure, and
(3)
soil fertility.
LF-LS-P18 – Soil erosion
Minimise soil erosion, and the associated risk of sedimentation in water bodies, resulting from
land use activities by:
1 00239.093 Federated Farmers
2 00235.008 OWRUG
3 00239.093 Federated Farmers
(1)
implementing appropriate and4 effective management practices to retain topsoil in-situ and
minimise the potential for soil to be
discharged to
water bodies, including by controlling the
timing, duration, scale and location of soil exposure,
(2)
maintaining vegetative cover on erosion-prone
land, to the extent practicable,5 and
(3)
promoting activities that enhance soil retention.
LF-LS-P19 – Highly productive land
Maintain the availability and productive capacity of
highly productive land by:
(1)
identifying
highly productive land based on the following criteria:
(a)
the capability and versatility of the
land to support
food and fibre production primary
production6 based on, including using7 the Land Use Capability classification system,
(b)
the suitability of the climate for
food and fibre production primary production,8
particularly crop production, and
(c)
the size and cohesiveness of the area of
land for use for
food and fibre production primary
production,9 and
(2)
prioritising the use of
highly productive land for
food and fibre production primary production10
ahead of other
land uses,11 except as provided by EIT-INF-P12 and EIT-INF-P16,12 and
(3)
managing urban development in rural areas, including rural lifestyle and rural residential
areas,13 in accordance with UFD-P4, UFD-P7 and UFD-P8.
LF-LS-PX – Access to Mineral Resources
Management of the region’s land appropriately recognises:
(1) The need for mineral and aggregate resources to be available for lifeline utilities, economic
development and to be used for environmental remediation;
(2) The functional and operational constraints in terms of accessing mineral and aggregate
resources in the region;
4 00101.043 Toitū Te Whenua
5 00022.019 Graymont
6 00235.008 OWRUG
7 00114.025-031 Mt Cardrona Station, 00118.025-031 Maryhill Limited, 00209.012-015 Universal Developments,
00210.011-013 & 015 Lane Hocking, 00211.011-013 & 015 LAC Properties Trustees Limited
8 00235.008 OWRUG
9 00235.008 OWRUG
10 00235.008 OWRUG
11 00413.004 New Zealand Cherry Corp, 00414.002 Infinity Investment Group
12 00314.027 Transpower
13 00413.004 New Zealand Cherry Corp, 00414.002 Infinity Investment Group
(3) The potential benefits of further development of the region’s minerals and aggregate
resources in appropriate locations and providing for the continued operation and
maintenance of existing lawfully established activities;
(4) The need to manage the adverse effects of mineral or aggregate extraction activities by:
a. Avoiding, as the first priority, locating in any of the following:
i. Significant natural areas;
ii. Outstanding natural features and landscapes;
iii. Natural wetlands;
iv. Outstanding water bodies;
v. Areas of high or outstanding natural character;
vi. Area of places of significant or outstanding historic heritage;
vii. Wāhi tupuna and areas with protected customary rights, and
viii. Area of high recreational and high amenity value.
b. If it is not practicable to avoid locating in areas listed in (a) above because of the
functional needs or operational needs of the mineral extraction activity, manage
adverse effects as follows:
i. In significant natural areas, in accordance with National Policy Statement for
Indigenous Biodiversity;
ii. In waterbodies and natural wetlands in accordance with the relevant
provisions in the National Policy Statement for Freshwater Management and
the NESF;
iii. In relation to wāhi tupuna in accordance with HCV-WT-P2;
iv. In areas of outstanding natural character or landscapes in the coastal
environment in accordance with the New Zealand Coastal Policy Statement;
and
v. In all other areas remedy or mitigate the adverse effects of the mineral
extraction activity on the values that contribute to the area’s importance.
c. Avoiding unmitigated risk on the health and safety of people and the community,
including through appropriate natural hazard management.
LF-LS-P20 – Land use change
Promote changes in
land use or
land management practices that support and14 improve:
(1)
the sustainability and efficiency of
water use,
14 00223.096 Ngāi Tahu ki Murihiku
(2)
resilience to the impacts of
climate change, or
(3)
the health and quality of soil,. or
(4)
water quality.15
LF-LS-P21 – Land use and fresh water
Achieve the improvement or maintenance of
fresh water quantity, or quality The health and well-
being of
water bodies is maintained16 or, if
degraded, improved17 to meet
environmental outcomes set for
Freshwater Management Units and/or rohe by:
(1)
reducing or otherwise managing18 the adverse effects of19 direct and indirect
discharges of
contaminants to
water from the use and development of
land to meet
environmental
outcomes,20 and
(2)
managing
land uses that may have adverse
effects on the flow of
water in surface
water bodies or the recharge of
groundwater., and
(3)
maintaining or, where degraded, enhancing the habitat and biodiversity values of riparian
margins in order to reduce sedimentation of water bodies and support improved functioning of
catchment processes.21
LF-LS-P22 – Public access
Provide for public access to and along
lakes and
rivers by:
(1)
maintaining existing public access,
(2)
seeking opportunities to enhance public access, including access22 by
mana whenua in their role
as kaitiaki and for gathering of mahika kai
mahika kai23, and
(3)
encouraging landowners to only avoid restricting access where unless24 it is necessary to
protect:25
(a)
public26 health and safety,
(b)
significant natural areas,
(c)
areas of outstanding natural character,
(d)
outstanding natural features and landscapes,
(e)
places or areas with special or outstanding
historic heritage values, or
15 00409.015 Ballance
16 00121.066 Ravensdown
17 00226.206 Kāi Tahu ki Otago
18 00236.073 Horticulture NZ
19 00221.010 Silver Fern Farms
20 00236.073 Horticulture NZ
21 00226.206 Kāi Tahu ki Otago
22 00226.206 Kāi Tahu ki Otago
23 Clause 10(2)(b)(i) – consequential amendment arising from 00226.038 Kāi Tahu ki Otago
24 00231.065 Fish and Game
25 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendments arising from 00314.028 Transpower
26 00239.094 Federated Farmers
(f)
places or areas of significance to
takata whenua Kāi Tahu, including wāhi taoka,27 wāhi
tapu and wāhi tūpuna,.
(g)
establishing vegetation, or28
(h)
a level of security consistent with the operational requirements of a lawfully established
activity.29
Methods
LF-LS-M11 – Regional plans
Otago Regional Council must publicly notify a Land and Water Regional Plan no later than 31
December 2023 and then, when it is made operative, maintain that
regional plan to:
(1)
manage
land uses that may affect the ability of
environmental outcomes for
water quality to be
achieved by requiring:
(a)
the development and implementation of
certified freshwater farm plans as required by
the RMA and any regulations,30
(b)
the adoption of practices that reduce the
risk of sediment and nutrient loss to
water,
including by minimising the area and duration of exposed soil, using buffers, and actively
managing critical source areas,
(c)
effective management of animal effluent systems storage and the applications systems
of animal effluent to land,31 and
(d)
earthworks activities to implement effective sediment and erosion control practices and
setbacks from
water bodies to reduce the
risk of sediment loss to
water, and
(2)
provide for changes in
land use that improve the sustainable and efficient allocation and use of
fresh water, and
(3)
implement policies LF-LS-P16 to LF-LSF-P22. 32
LF-LS-M12 – District plans
Territorial authorities must prepare or amend and maintain their
district plans no later than 31
December 2026 to:
(1)
manage
land use change by:
(a)
controlling the establishment of new or any spatial extension of existing
plantation
forestry activities or permanent forestry activities33 where necessary to give effect to an
objective developed under the NPSFM, and
27 00226.207 Kāi Tahu ki Otago
28 00206.041 Trojan, 00411.053 Wayfare
29 00237.047 Beef + Lamb and DINZ
30 00231.066 Fish and Game, 00226.208 Kāi Tahu ki Otago
31 00240.032 NZ Pork
32 Clause 16(2) Schedule 1, RMA
33 00226.209 Kāi Tahu ki Otago,
(b)
minimising avoiding34 the removal of montane35 tall tussock grasslands,
(2)
provide for and encourage promote36 the creation and enhancement of vegetated riparian
margins and constructed
wetlands, and maintain these where they already exist, and
(3)
facilitate public access to and along37
lakes and
rivers by:
(a)
requiring the establishment of
esplanade reserves and
esplanade strips, and
(b)
promoting the use of legal
roads, including paper
roads, that connect with
esplanade
reserves and
esplanade strips., and
(4)
maintain the availability and productive capacity of
highly productive land in accordance with
LF-LS-P19.38
(5)
Recognise and provide for the functional need of mineral and aggregate extraction activities in
accordance with LF-LS-PX.
LF-LS-M13 – Management of beds and riparian margins
Local authorities must prepare or amend and maintain their
regional plans39 and
district plans to
manage the condition of the
bed and banks of
water bodies, riparian margins and associated
lands,
including vegetative cover, to:
(1)
maintain or enhance40 existing indigenous41
biodiversity values,
(2)
increase the presence, resilience and abundance of indigenous flora and fauna, particularly
taoka species, including by providing for wetlands and42
biodiversity corridors within
river systems, and requiring riparian buffers that are sufficient to maintain indigenous
biodiversity,
(3)
support improvement in the functioning of catchment processes where these have been
adversely affected by changes in margins and connected
lands over time, and
(4)
reduce unnatural sedimentation of
water bodies.
LF-LS-M14 – Other methods
In addition to methods LF-LS-M11 to LF-LS-M13, the methods in the LF-WAI, LF-VM and LF-FW sections
are also applicable.
Explanation
LF-LS-E4 – Explanation
34 00230.95 Forest and Bird
35 Clause 16(2), Schedule 1, RMA
36 00509.092 Wise Response
37 00206.042 Trojan, 00411.054 Wayfare, 00231.097 Fish and Game
38 00140.023 Waitaki DC
39 Clause 16(2), Schedule 1, RMA
40 00509.093 Wise Response
41 00137.079 DOC
42 00509.093 Wise Response
The policies in this section of the LF chapter seek to maintain the health of Otago’s soils and manage
land uses as part of an integrated approach to sustaining soil and
water health. The connections and
interactions between these resources require a holistic approach to management.
Managing soil resources, in particular, cannot be undertaken in isolation. The policies require
managing the use and development of
land and
fresh water to maintain soil values, recognising that
soil can be valued for more than its productive use and those values should be maintained. Soil erosion
is problematic for both soil and
water health. The policies provide direction on managing erosion
resulting from
land use activities to, primarily, retain soil and prevent its
discharge to
water.
Highly productive land is
land used for
food and fibre production primary production43 that provides
economic and employment benefits. Providing for and managing such
land types is essential to ensure
its sustainability. The policies seek to identify and prioritise
land used for productive purposes
managing urban encroachment into rural environments where appropriate.
Responding to
climate change and achieving
freshwater visions is likely to require changes in
land uses
and land management practices in parts of Otago. This is recognised in the policies which seek to
promote changes in
land use or management that improve efficient use of
water,
resilience to
climate
change and, the health and quality of soil, and water quality.44 The policies also require reducing
discharges to
water from the use and development of
land and managing
land uses that are
unsupportive of
environmental outcomes for
fresh water as identified by each
FMU.
Maintaining public access to and along
lakes and
rivers is a matter of national importance under
section 6 of the RMA 1991.45 The policies in this section seek to maintain existing public access
opportunities46 and where appropriate promote enhanced47 public access to and along
lakes and
rivers. Circumstances which restrict public access are set out where, for example, public 48health and
safety is at
risk or valued parts of the
environment may be compromised.
Principal reasons
LF-LS-PR4 – Principal reasons
Population growth and
land use intensification in urban and rural environments has increased demand
for
land and soil resources. It has also impacted on the quality of our
water, increasing contamination
such as by nutrients and sediment and harming ecosystems. In Otago, historical and contemporary
land uses have
degraded some
water bodies, both in terms of their quantity and quality, leading to
adverse effects on the mauri of
water and the diversity and abundance of mahika kai
mahika kai49
resources.
Soil health is vital to wider ecological health, human health, and economic
resilience. Otago has a rich
and long history of varied forms of
food and fibre production primary production50 on a wide range of
soil types and in variable climatic conditions. Otago’s highest quality soils (in terms of suitability for
43 00235.008 OWRUG
44 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00409.015 Ballance
45 Clause 16(2), Schedule 1, RMA
46 00226.212 Kāi Tahu ki Otago
47 00226.212 Kāi Tahu ki Otago
48 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00239.094 Federated Farmers
49 Clause 10(2)(b)(i) – consequential amendment arising from 00226.038 Kāi Tahu ki Otago
50 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00235.008 OWRUG
food and fibre production primary production51) are mainly on the Taieri Plain, North Otago
downlands, South Otago lowlands, parts of Central Otago and the Strath Taieri, and along some
river margins. Their extent is limited and use of these soils can be constrained by external factors such as
economics, erosion, natural and human induced hazards, animal, and plant pests.
Managing
land uses is a critical component of implementing the NPSFM due to the effects of
land use
on the health and well-being of
water. This chapter assists the Council to recognise and provide for
the connections and interactions between Otago’s
land and
fresh water, while managing the use and
development of this
land, and its effects on
fresh water.
Riparian areas, in particular, play a key role in supporting the
water quality and ecosystem values of
water bodies, and it is important that this role is maintained.52
Anticipated environmental results
LF-LS-AER12
The life-supporting capacity of soil is maintained or improved throughout
Otago.
LF-LS-AER13
The availability and capability of Otago’s
highly productive land is
maintained.
LF-LS-AER14
The use of
land supports the achievement of
environmental outcomes and
objectives in Otago’s
FMUs and rohe.
51 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00235.008 OWRUG
52 00226.213 Kāi Tahu ki Otago
LF-LS – Land and soil
Objectives
LF-LS-O11 – Land and soil
The life-supporting capacity of Otago’s soil resources is safeguarded,1 and the access to, availability
and productive capacity of
highly productive land for
primary production food and fibre production2
is
maintained,3 now and for future generations.
LF-LS-O12 – Use of land
The use of
land in Otago maintains soil quality and contributes to achieving
environmental outcomes for
fresh water.
LF-LS-O13 – Resource Use and Development
To recognise the role of resource use and development within the Otago region and its contribution
to enabling people and communities to provide for their social, economic and cultural wellbeing.
Policies
LF-LS-P16 – Integrated management
Recognise that maintaining soil quality requires the integrated management of
land and
freshwater resources including the interconnections between soil health, vegetative cover and
water quality and
quantity.
LF-LS-P17 – Soil values
Maintain the mauri, health and productive potential of soils by managing the use and development of
land in a way that is suited to the natural soil characteristics and that sustains healthy:
(1)
soil biological activity and
biodiversity,
(2)
soil structure, and
(3)
soil fertility.
LF-LS-P18 – Soil erosion
Minimise soil erosion, and the associated risk of sedimentation in water bodies, resulting from
land use activities by:
1 00239.093 Federated Farmers
2 00235.008 OWRUG
3 00239.093 Federated Farmers
(1)
implementing appropriate and4 effective management practices to retain topsoil in-situ and
minimise the potential for soil to be
discharged to
water bodies, including by controlling the
timing, duration, scale and location of soil exposure,
(2)
maintaining vegetative cover on erosion-prone
land, to the extent practicable,5 and
(3)
promoting activities that enhance soil retention.
LF-LS-P19 – Highly productive land
Maintain the availability and productive capacity of
highly productive land by:
(1)
identifying
highly productive land based on the following criteria:
(a)
the capability and versatility of the
land to support
food and fibre production primary
production6 based on, including using7 the Land Use Capability classification system,
(b)
the suitability of the climate for
food and fibre production primary production,8
particularly crop production, and
(c)
the size and cohesiveness of the area of
land for use for
food and fibre production primary
production,9 and
(2)
prioritising the use of
highly productive land for
food and fibre production primary production10
ahead of other
land uses,11 except as provided by EIT-INF-P12 and EIT-INF-P16,12 and
(3)
managing urban development in rural areas, including rural lifestyle and rural residential
areas,13 in accordance with UFD-P4, UFD-P7 and UFD-P8.
LF-LS-PX – Access to Mineral Resources
Management of the region’s land appropriately recognises:
(1) The need for mineral and aggregate resources to be available for lifeline utilities, economic
development and to be used for environmental remediation;
(2) The functional and operational constraints in terms of accessing mineral and aggregate
resources in the region;
4 00101.043 Toitū Te Whenua
5 00022.019 Graymont
6 00235.008 OWRUG
7 00114.025-031 Mt Cardrona Station, 00118.025-031 Maryhill Limited, 00209.012-015 Universal Developments,
00210.011-013 & 015 Lane Hocking, 00211.011-013 & 015 LAC Properties Trustees Limited
8 00235.008 OWRUG
9 00235.008 OWRUG
10 00235.008 OWRUG
11 00413.004 New Zealand Cherry Corp, 00414.002 Infinity Investment Group
12 00314.027 Transpower
13 00413.004 New Zealand Cherry Corp, 00414.002 Infinity Investment Group
(3) The potential benefits of further development of the region’s minerals and aggregate
resources in appropriate locations and providing for the continued operation and
maintenance of existing lawfully established activities;
(4) The need to manage the adverse effects of mineral or aggregate extraction activities by:
a. Avoiding, as the first priority, locating in any of the following:
i. Significant natural areas;
ii. Outstanding natural features and landscapes;
iii. Natural wetlands;
iv. Outstanding water bodies;
v. Areas of high or outstanding natural character;
vi. Area of places of significant or outstanding historic heritage;
vii. Wāhi tupuna and areas with protected customary rights, and
viii. Area of high recreational and high amenity value.
b. If it is not practicable to avoid locating in areas listed in (a) above because of the
functional needs or operational needs of the mineral extraction activity, manage
adverse effects as follows:
i. In significant natural areas, in accordance with National Policy Statement for
Indigenous Biodiversity;
ii. In waterbodies and natural wetlands in accordance with the relevant
provisions in the National Policy Statement for Freshwater Management and
the NESF;
iii. In relation to wāhi tupuna in accordance with HCV-WT-P2;
iv. In areas of outstanding natural character or landscapes in the coastal
environment in accordance with the New Zealand Coastal Policy Statement;
and
v. In all other areas remedy or mitigate the adverse effects of the mineral
extraction activity on the values that contribute to the area’s importance.
c. Avoiding unmitigated risk on the health and safety of people and the community,
including through appropriate natural hazard management.
LF-LS-P20 – Land use change
Promote changes in
land use or
land management practices that support and14 improve:
(1)
the sustainability and efficiency of
water use,
14 00223.096 Ngāi Tahu ki Murihiku
(2)
resilience to the impacts of
climate change, or
(3)
the health and quality of soil,. or
(4)
water quality.15
LF-LS-P21 – Land use and fresh water
Achieve the improvement or maintenance of
fresh water quantity, or quality The health and well-
being of
water bodies is maintained16 or, if
degraded, improved17 to meet
environmental outcomes set for
Freshwater Management Units and/or rohe by:
(1)
reducing or otherwise managing18 the adverse effects of19 direct and indirect
discharges of
contaminants to
water from the use and development of
land to meet
environmental
outcomes,20 and
(2)
managing
land uses that may have adverse
effects on the flow of
water in surface
water bodies or the recharge of
groundwater., and
(3)
maintaining or, where degraded, enhancing the habitat and biodiversity values of riparian
margins in order to reduce sedimentation of water bodies and support improved functioning of
catchment processes.21
LF-LS-P22 – Public access
Provide for public access to and along
lakes and
rivers by:
(1)
maintaining existing public access,
(2)
seeking opportunities to enhance public access, including access22 by
mana whenua in their role
as kaitiaki and for gathering of mahika kai
mahika kai23, and
(3)
encouraging landowners to only avoid restricting access where unless24 it is necessary to
protect:25
(a)
public26 health and safety,
(b)
significant natural areas,
(c)
areas of outstanding natural character,
(d)
outstanding natural features and landscapes,
(e)
places or areas with special or outstanding
historic heritage values, or
15 00409.015 Ballance
16 00121.066 Ravensdown
17 00226.206 Kāi Tahu ki Otago
18 00236.073 Horticulture NZ
19 00221.010 Silver Fern Farms
20 00236.073 Horticulture NZ
21 00226.206 Kāi Tahu ki Otago
22 00226.206 Kāi Tahu ki Otago
23 Clause 10(2)(b)(i) – consequential amendment arising from 00226.038 Kāi Tahu ki Otago
24 00231.065 Fish and Game
25 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendments arising from 00314.028 Transpower
26 00239.094 Federated Farmers
(f)
places or areas of significance to
takata whenua Kāi Tahu, including wāhi taoka,27 wāhi
tapu and wāhi tūpuna,.
(g)
establishing vegetation, or28
(h)
a level of security consistent with the operational requirements of a lawfully established
activity.29
Methods
LF-LS-M11 – Regional plans
Otago Regional Council must publicly notify a Land and Water Regional Plan no later than 31
December 2023 and then, when it is made operative, maintain that
regional plan to:
(1)
manage
land uses that may affect the ability of
environmental outcomes for
water quality to be
achieved by requiring:
(a)
the development and implementation of
certified freshwater farm plans as required by
the RMA and any regulations,30
(b)
the adoption of practices that reduce the
risk of sediment and nutrient loss to
water,
including by minimising the area and duration of exposed soil, using buffers, and actively
managing critical source areas,
(c)
effective management of animal effluent systems storage and the applications systems
of animal effluent to land,31 and
(d)
earthworks activities to implement effective sediment and erosion control practices and
setbacks from
water bodies to reduce the
risk of sediment loss to
water, and
(2)
provide for changes in
land use that improve the sustainable and efficient allocation and use of
fresh water, and
(3)
implement policies LF-LS-P16 to LF-LSF-P22. 32
LF-LS-M12 – District plans
Territorial authorities must prepare or amend and maintain their
district plans no later than 31
December 2026 to:
(1)
manage
land use change by:
(a)
controlling the establishment of new or any spatial extension of existing
plantation
forestry activities or permanent forestry activities33 where necessary to give effect to an
objective developed under the NPSFM, and
27 00226.207 Kāi Tahu ki Otago
28 00206.041 Trojan, 00411.053 Wayfare
29 00237.047 Beef + Lamb and DINZ
30 00231.066 Fish and Game, 00226.208 Kāi Tahu ki Otago
31 00240.032 NZ Pork
32 Clause 16(2) Schedule 1, RMA
33 00226.209 Kāi Tahu ki Otago,
(b)
minimising avoiding34 the removal of montane35 tall tussock grasslands,
(2)
provide for and encourage promote36 the creation and enhancement of vegetated riparian
margins and constructed
wetlands, and maintain these where they already exist, and
(3)
facilitate public access to and along37
lakes and
rivers by:
(a)
requiring the establishment of
esplanade reserves and
esplanade strips, and
(b)
promoting the use of legal
roads, including paper
roads, that connect with
esplanade
reserves and
esplanade strips., and
(4)
maintain the availability and productive capacity of
highly productive land in accordance with
LF-LS-P19.38
(5)
Recognise and provide for the functional need of mineral and aggregate extraction activities in
accordance with LF-LS-PX.
LF-LS-M13 – Management of beds and riparian margins
Local authorities must prepare or amend and maintain their
regional plans39 and
district plans to
manage the condition of the
bed and banks of
water bodies, riparian margins and associated
lands,
including vegetative cover, to:
(1)
maintain or enhance40 existing indigenous41
biodiversity values,
(2)
increase the presence, resilience and abundance of indigenous flora and fauna, particularly
taoka species, including by providing for wetlands and42
biodiversity corridors within
river systems, and requiring riparian buffers that are sufficient to maintain indigenous
biodiversity,
(3)
support improvement in the functioning of catchment processes where these have been
adversely affected by changes in margins and connected
lands over time, and
(4)
reduce unnatural sedimentation of
water bodies.
LF-LS-M14 – Other methods
In addition to methods LF-LS-M11 to LF-LS-M13, the methods in the LF-WAI, LF-VM and LF-FW sections
are also applicable.
Explanation
LF-LS-E4 – Explanation
34 00230.95 Forest and Bird
35 Clause 16(2), Schedule 1, RMA
36 00509.092 Wise Response
37 00206.042 Trojan, 00411.054 Wayfare, 00231.097 Fish and Game
38 00140.023 Waitaki DC
39 Clause 16(2), Schedule 1, RMA
40 00509.093 Wise Response
41 00137.079 DOC
42 00509.093 Wise Response
The policies in this section of the LF chapter seek to maintain the health of Otago’s soils and manage
land uses as part of an integrated approach to sustaining soil and
water health. The connections and
interactions between these resources require a holistic approach to management.
Managing soil resources, in particular, cannot be undertaken in isolation. The policies require
managing the use and development of
land and
fresh water to maintain soil values, recognising that
soil can be valued for more than its productive use and those values should be maintained. Soil erosion
is problematic for both soil and
water health. The policies provide direction on managing erosion
resulting from
land use activities to, primarily, retain soil and prevent its
discharge to
water.
Highly productive land is
land used for
food and fibre production primary production43 that provides
economic and employment benefits. Providing for and managing such
land types is essential to ensure
its sustainability. The policies seek to identify and prioritise
land used for productive purposes
managing urban encroachment into rural environments where appropriate.
Responding to
climate change and achieving
freshwater visions is likely to require changes in
land uses
and land management practices in parts of Otago. This is recognised in the policies which seek to
promote changes in
land use or management that improve efficient use of
water,
resilience to
climate
change and, the health and quality of soil, and water quality.44 The policies also require reducing
discharges to
water from the use and development of
land and managing
land uses that are
unsupportive of
environmental outcomes for
fresh water as identified by each
FMU.
Maintaining public access to and along
lakes and
rivers is a matter of national importance under
section 6 of the RMA 1991.45 The policies in this section seek to maintain existing public access
opportunities46 and where appropriate promote enhanced47 public access to and along
lakes and
rivers. Circumstances which restrict public access are set out where, for example, public 48health and
safety is at
risk or valued parts of the
environment may be compromised.
Principal reasons
LF-LS-PR4 – Principal reasons
Population growth and
land use intensification in urban and rural environments has increased demand
for
land and soil resources. It has also impacted on the quality of our
water, increasing contamination
such as by nutrients and sediment and harming ecosystems. In Otago, historical and contemporary
land uses have
degraded some
water bodies, both in terms of their quantity and quality, leading to
adverse effects on the mauri of
water and the diversity and abundance of mahika kai
mahika kai49
resources.
Soil health is vital to wider ecological health, human health, and economic
resilience. Otago has a rich
and long history of varied forms of
food and fibre production primary production50 on a wide range of
soil types and in variable climatic conditions. Otago’s highest quality soils (in terms of suitability for
43 00235.008 OWRUG
44 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00409.015 Ballance
45 Clause 16(2), Schedule 1, RMA
46 00226.212 Kāi Tahu ki Otago
47 00226.212 Kāi Tahu ki Otago
48 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00239.094 Federated Farmers
49 Clause 10(2)(b)(i) – consequential amendment arising from 00226.038 Kāi Tahu ki Otago
50 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00235.008 OWRUG
food and fibre production primary production51) are mainly on the Taieri Plain, North Otago
downlands, South Otago lowlands, parts of Central Otago and the Strath Taieri, and along some
river margins. Their extent is limited and use of these soils can be constrained by external factors such as
economics, erosion, natural and human induced hazards, animal, and plant pests.
Managing
land uses is a critical component of implementing the NPSFM due to the effects of
land use
on the health and well-being of
water. This chapter assists the Council to recognise and provide for
the connections and interactions between Otago’s
land and
fresh water, while managing the use and
development of this
land, and its effects on
fresh water.
Riparian areas, in particular, play a key role in supporting the
water quality and ecosystem values of
water bodies, and it is important that this role is maintained.52
Anticipated environmental results
LF-LS-AER12
The life-supporting capacity of soil is maintained or improved throughout
Otago.
LF-LS-AER13
The availability and capability of Otago’s
highly productive land is
maintained.
LF-LS-AER14
The use of
land supports the achievement of
environmental outcomes and
objectives in Otago’s
FMUs and rohe.
51 Clause 10(2)(b)(i), Schedule 1, RMA – consequential amendment arising from 00235.008 OWRUG
52 00226.213 Kāi Tahu ki Otago
Stephen Christensen
Project Barrister
421 Highgate
Dunedin 9010
New Zealand
21 July 2022
The Hearings Administrator – Proposed Otago Regional
Policy Statement
Otago Regional Council
[email address]
Dear Hearings Administrator
Suggested changes to Proposed Otago Regional Policy Statement to address mining
Introduction
I act for Oceana Gold (New Zealand) Limited (
OGNZL).
OGNZL has had its consultant planner prepare suggested changes to the proposed Otago Regional
Policy Statement (
PORPS) to address mining which it requests the Otago Regional Council (
ORC)
report writers to consider and comment on. I am aware that the ORC has recently gained an extension
to the PORPS timetable which now requires ORC to provide supplementary evidence by 5 August 2022.
OGNZL asks that ORC consider these proposed changes as part of its supplementary evidence, and
OGNZL will then be able to respond in its evidence to any revisions or alternative provisions to address
mining that the ORC report writers consider appropriate.
ORC has failed to make provision for mining in the notified PORPS and has failed to subsequently
address the topic in the section 42A report in a responsible way, despite acknowledging the importance
of mining to the region1. Therefore, OGNZL has taken upon itself the task of developing appropriate
wording to be inserted in the PORPS to address the current lacuna and has discussed these suggested
changes with two other submitters in the extractives industry. OGNZL requests that this letter and the
attached proposed changes be made available to other submitters for their consideration, and if
necessary, comment in submitter’s evidence in due course. OGNZL is happy to discuss the proposed
changes in more detail with any interested submitter or the ORC.
In the time available between pre-hearing meetings and evidence being required, OGNZL has
concentrated on key changes to the LF-LS, UFD and ECO chapters. However, OGNZL reserves its
position to suggest in its evidence further changes to other chapters of the PORPS, including the IM
chapter.
1 PORPS Report 5: Submission on Part 2 – Resource management overview at paragraph 61.
Changes to the Land and Soil provisions
OGNZL proposes an amendment to “LF-LS-O11 – Land and Soil” to recognise the importance of
providing access to land for primary production. A new objective “LF-LS-O13 – Resource Use and
Development” is proposed to recognise the important role of resource use and development in Otago.
The amendments are necessary to provide support for mining in Otago, an aspect which, despite
referencing the value of mining to the region’s GDP, is entirely lacking in the PORPS.
The other proposed change is inclusion of a new policy which ensures that management of the region’s
land recognises the need for mineral resources to be available, and the functional and operational
constraints of accessing mineral resources and the potential benefits of further mineral development in
appropriate locations recognised. The policy then sets out an effects management hierarchy for
managing adverse effects. For consistency with the higher order national policy documents and NES,
the policy directly refers to managing effects in accordance with the National Policy Statement for
Indigenous Biodiversity (
NPSIB) when the activity is in a significant natural area, and in accordance with
the National Policy Statement for Freshwater Management (
NPSFM) and the National Environmental
Standards for Freshwater (
NESF) when the activity is in a waterbody or natural wetland.
It is hoped that this direct reference to the operative national direction will address ORC’s concern that
the draft NPSIB has no legal standing and does not need to be followed. Whilst OGNZL accepts that
the draft NPSIB has no legal effect, OGNZL considers that the exposure draft NPSIB is consistent with
both the previous version of the draft NPSIB and the proposed changes to the NESF in providing a
consenting pathway for mining. The ORC has not addressed how it proposes to “give effect” to the
NPSIB once it comes into force, something which is likely to happen before the RPS hearing process
concludes, and a reference to the NPSIB in the RPS will help ensure the new ORPS is not outdated and
flawed from the outset. The alternative (a subsequent Council-initiated plan change) on top of what is
now 7 years of ongoing Policy review processes (and counting) is unnecessary, disruptive and a
significant waste of Council and submitter time and resources.
Urban Form and Development
OGNZL proposes a new policy which provides for primary production activities which have a functional
or operational need. This proposed policy provides much needed recognition of the benefits of primary
production activities whilst ensuring adverse effects are appropriately managed.
Other proposed changes to the UFD policies also enable primary production activities and ensure
access to the natural and physical resources upon which they rely.
ECO provisions
page 2
OGNZL has consistently noted to the Council, both in formal submissions and in discussions, that the
PORPS fails to provide for the functional and operational needs of important mineral extraction activities
where these intersect with SNAs. In OGNZL’s formal submission on the PORPS extensive evidence of
the need to address this issue, and the consequences of not doing so, was provided.
This is acknowledged in the section 42A Report, Chapter 1 at page 208 where the author states:
“I note that the submission of Oceana Gold specifically highlights the provisions in the ECO chapter and
helpfully sets out, in detail, the issues that arise from the application of these provisions to the Macraes
Mine”.
Given this recognition in the “Introduction and general themes” chapter of the section 42A Report,
OGNZL is intensely frustrated that the issue appears to be poorly understood and glossed over by the
author of that part of the section 42A report dealing with Chapter 10, Ecosystems and indigenous
biodiversity.
To put this into context, Council has no excuse for being unaware that:
• Mining in Otago is a regionally important activity, and the Macraes Mine is nationally significant
• Significant biodiversity values are widespread in the Macraes area
• The development of the mineral resource in the Macraes area will on occasion unavoidably
result in adverse effects on areas that qualify as SNAs using the criteria in the PORPS, or any
other reputable criteria ecologists might refer to
• Previous developments at Macraes have demonstrated that unavoidable residual adverse
effects on significant biodiversity values (after minimisation and remediation) are able to be
offset and compensated to produce net positive outcomes for biodiversity
• Proposed national policy direction (in the form of the 2019 draft NPSIB and the 2022 exposure
draft NPSIB) has consistently recognised the need to provide a consenting pathway for mineral
development that intersects with significant biodiversity values
• The partially operative ORPS recognises and provides for the management of this intersection.
Considering this context, the treatment of this topic in the Chapter 10 section 42A report is exceptionally
poor. The failure of Council to recognise and deal responsibly with the need to maintain a consenting
pathway for mineral development consistent with proposed national direction, and in line with what it
knows has worked successfully in the past to achieve good outcomes that protect and maintain
biodiversity while enabling the benefits of mining at Macraes to be realised, is egregious.
At paragraph 194 the author of the Chapter 10 part of the Section 42A Report quotes from an ecological
report commissioned from Wildlands to assist the Council respond to submissions (and attached as
Appendix 10c). Because the Chapter 10 Report places reliance on this quote several important points
need to be made in connection with it:
• The Wildlands report refers to a study undertaken for the Waitaki District Council and notes that
“
no surveys were undertaken on land owned by Oceana Gold”.
page 3
• The report then states “
The Deepdell North Stage III project, which the submitter notes was
consented, did not affect any SNAs.”
• What the report does not note is that the Deepdell North Stage III project, and indeed all
OGNZL’s developments, take place on land owned by the company – all of which is excluded
from the analysis Wildlands discusses in the quote at paragraph 194 of the Chapter 10 report
and upon which the author of that report relies.
• As OGNZL’s written submission, and in particular the evidence of ecologist Dr Thorsen shows,
the area affected by the Deepdell North Stage III project qualifies as SNA. This is also known
to Dr Lloyd of Wildlands who provided ecological advice to the Waitaki District Council as part
of the resource consenting process for that project.
• As Dr Thorsen explains in his evidence, and as Dr Lloyd knows, in the Deepdell North Stage III
project example a combination of offsetting and compensation was proposed and agreed by all
ecologists to represent a good outcome for biodiversity. The experienced Commissioners that
granted consents for this project were appointed jointly by the Otago Regional and Waitaki
District Councils.
• Similarly, as the Council knows (because it is one of the consent authorities) residual adverse
effects on significant biodiversity have been successfully addressed in other OGNZL recent
mining projects (Coronation and Coronation North).
• While it
may be the case that at some level “…the quality of offsetting and compensation
approaches has often been very poor in New Zealand” that is certainly not the case as far as
OGNZL’s activities at Macraes are concerned, and indeed the approaches taken by OGNZL, its
ecologists (including Dr Thorsen), and the Waitaki District Council and its ecologists (including
Dr Lloyd) in designing, reviewing, implementing and monitoring offsets and compensation model
how this can be done successfully.
The approach of the Chapter 10 Report author seems to be that because offsetting and compensation
may have been poor elsewhere, the PORPS should not make provision to allow such measures to be
considered in the future in relation to mining activities, even though national policy indications are
consistent in providing for these, and even though the evidence at Macraes is that these approaches
can be and are applied responsibly and effectively.
In the hope that Council will apply its mind to this topic suggested amendments to Objective ECO-O4,
Policy ECO-P4 and Policy ECO-P6 are provided that reflect indicative national direction and recognise
the reality that opportunities to consider the future development of regionally and nationally important
mineral resources that unavoidably adversely affect SNA values must be included in the new RPS.
Yours faithfully
Stephen Christensen
Project Barrister
P
E [email address]
page 4
