WCC rural activities are permitted
Wellington City Rural Rate Payer made this Official Information request to Wellington City Council
The request was refused by Wellington City Council.
From: Wellington City Rural Rate Payer
Property owners within the WCC Rural District are currently being harassed by WCC abatement officers and planners incorrectly defining their current and planned activities as being not permitted rural activities. Of specific issue is the strong implication without backing evidence that planning and preparation and or current farming of bees, pigs, cattle, chickens and small scale crop is a non permitted activity, when they are activities that are both currently permitted and have been common practice from well before the previous district plan (DP2000).
As background:
As per the WCC web site(1), the 2024 District Plan (DP2024) is the new operational District Plan.
Noting that while reference is made to the replaced 2000 District Plan (DP2000) as being “relevant for those planning provisions that have not yet been replaced by decisions made for the 2024 District Plan” , the terms, rules and standards referenced in the discussion below are defined in the 2024DP, therefore any earlier definition provided within DP2000 is no longer relevant.
Within DP2024, within the "Rural Zone" section of "Part III – Area-Specific Matters", "GRUZ-R1" defines "rural activities" as "Permitted".
Within DP2024, within the "Interpretations" section of "Part I - Introduction and General Provisions", the following relevant terms are defined:
"RURAL ACTIVITIES means the use of land and/or buildings for agricultural, pastoral, horticultural, and forestry activities (not covered by the NES-PF); and includes:
- the storage of products and initial processing as an ancillary activity of horticultural and agricultural products produced on the site; and
- the storage and disposal of solid and liquid animal waste.
Intensive indoor primary production, rural industry, quarrying and mining activities, top soil stripping and turf farming are excluded."
The terms “agricultural”, “pastoral” and “forestry” activities are not defined in the current or superceded district plan, nor defined in RMA or other New Zealand Act(2) or case law(3), or National Planning Standards(4).
In such contexts, it is the accepted legal process to refer to the common understanding of the term's meaning as defined in commonly and readily available and authoritative sources.
Oxford Dictionary: Agriculture is defined as "the science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool, and other products." This definition includes both subsistence and commercial farming activities.
Cambridge Dictionary: Agriculture is described as "the business, science or activity of farming" which in turn is defined as "the work and methods of growing crops and looking after animals that are then used for food." This encompasses both personal (subsistence) and market-oriented (commercial) farming.
Merriam-Webster Dictionary: Agriculture is described as "the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products." This broad definition includes both subsistence and commercial farming.
For both the sake of completeness and the removal of all uncertainty as to the matter, we are adding additional commonly available source:
Encyclopaedia Britannica: Agriculture is described as “the active production of useful plants or animals in ecosystems that have been created by people.”
The United Nations (UN) Food and Agriculture Organization (FAO) defines agriculture as encompassing both subsistence and commercial farming activities.
Encyclopaedia Britannica: "the cultivation of soil, growing of crops, and raising of animals for food, fibre, medicinal plants, and other products used to sustain and enhance human life," which includes subsistence and commercial farming.
National Geographic defines agriculture as including both small-scale subsistence farming and large-scale commercial farming.
DP2024 defines the term "Rural Activities" without constraint on minimum size or purpose.
GRUZ-R1 permits the activity of Rural Activity without constraint on minimum size or purpose.
Thus Permitted rural activities include both commercial small scale subsistence farming activities for personal consumption and/or sharing with others, as well as sale at market, at any cadence/schedule.
Furthermore there is no specification or constraint for any of the rural activities to be for a current or registered going concern, and as such permitting activities to be for both evolving objectives as well as planned future objectives.
Therefore Permitted rural activities may include but are not limited to planning or keeping a large or small number of beehives, cattle, pigs, chickens, and horticulture etc. -- most of which we note are activities that are either constrained or simply even not permitted outside of a rural zone.
We note also that the 2000 District Plan’s definition for Rural Activities did include the term
“primary production”, but as the 2024 DP is the new District Plan, and as the term is both defined differently in the DP2024 as well as not included in “P1 Sch1” of items yet to be decided, the DP2000 definition is no longer applicable.
In conclusion:
Please provide confirmation the above interpretation of the current and applicable district plan is correct, or provide a supported refutation of the above.
Thank you.
References:
1 District Plan - Plans, policies and bylaws - Wellington City Council
https://wellington.govt.nz/your-council/...
2 New Zealand Legislation
https://legislation.govt.nz/
3 New Zealand Legal Information Institute (NZLII)
https://www.nzlii.org/
4 National planning standards | Ministry for the Environment
https://environment.govt.nz/acts-and-reg...
From: BUS: Official Information
Wellington City Council
Kia ora
Thank you for contacting the Wellington City Council Official Information
Team.
Your email has been received and we will respond within 3 business days.
If your request is more a general enquiry, or for anything urgent, please
contact our Contact Centre on 04 499 4444 or email [1][email address]
For Police CCTV requests, please send through to [2][email address]
Many thanks
Official Information Team
References
Visible links
1. mailto:[email address]
2. mailto:[email address]
From: BUS: Official Information
Wellington City Council
Kia ora Wellington City Rural Rate Payer
Thank you for your email dated 4 August requesting information.
Our team will manage your request under the Local Government Official Information and Meetings Act 1987 which requires us to provide a decision as soon as possible, but no later than 30 August, being 20 working days of receipt.
The reference number for your request is IRC-6856
Please contact us if you have any further questions.
Kind regards
Official Information Team
Email: [email address]
Wellington City Council | W Wellington.govt.nz | |
The information contained in this email is privileged and confidential and intended for the addressee only.
If you are not the intended recipient, you are asked to respect that confidentiality and not disclose, copy or make use of its contents.
If received in error you are asked to destroy this email and contact the sender immediately. Your assistance is appreciated.
-----Original Message-----
From: Wellington City Rural Rate Payer <[FYI request #27905 email]>
Sent: Sunday, August 4, 2024 1:59 PM
To: BUS: Official Information <[Wellington City Council request email]>
Subject: Official Information request - WCC rural activities are permitted
Property owners within the WCC Rural District are currently being harassed by WCC abatement officers and planners incorrectly defining their current and planned activities as being not permitted rural activities. Of specific issue is the strong implication without backing evidence that planning and preparation and or current farming of bees, pigs, cattle, chickens and small scale crop is a non permitted activity, when they are activities that are both currently permitted and have been common practice from well before the previous district plan (DP2000).
As background:
As per the WCC web site(1), the 2024 District Plan (DP2024) is the new operational District Plan.
Noting that while reference is made to the replaced 2000 District Plan (DP2000) as being "relevant for those planning provisions that have not yet been replaced by decisions made for the 2024 District Plan" , the terms, rules and standards referenced in the discussion below are defined in the 2024DP, therefore any earlier definition provided within DP2000 is no longer relevant.
Within DP2024, within the "Rural Zone" section of "Part III - Area-Specific Matters", "GRUZ-R1" defines "rural activities" as "Permitted".
Within DP2024, within the "Interpretations" section of "Part I - Introduction and General Provisions", the following relevant terms are defined:
"RURAL ACTIVITIES means the use of land and/or buildings for agricultural, pastoral, horticultural, and forestry activities (not covered by the NES-PF); and includes:
- the storage of products and initial processing as an ancillary activity of horticultural and agricultural products produced on the site; and
- the storage and disposal of solid and liquid animal waste.
Intensive indoor primary production, rural industry, quarrying and mining activities, top soil stripping and turf farming are excluded."
The terms "agricultural", "pastoral" and "forestry" activities are not defined in the current or superceded district plan, nor defined in RMA or other New Zealand Act(2) or case law(3), or National Planning Standards(4).
In such contexts, it is the accepted legal process to refer to the common understanding of the term's meaning as defined in commonly and readily available and authoritative sources.
Oxford Dictionary: Agriculture is defined as "the science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool, and other products." This definition includes both subsistence and commercial farming activities.
Cambridge Dictionary: Agriculture is described as "the business, science or activity of farming" which in turn is defined as "the work and methods of growing crops and looking after animals that are then used for food." This encompasses both personal (subsistence) and market-oriented (commercial) farming.
Merriam-Webster Dictionary: Agriculture is described as "the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products." This broad definition includes both subsistence and commercial farming.
For both the sake of completeness and the removal of all uncertainty as to the matter, we are adding additional commonly available source:
Encyclopaedia Britannica: Agriculture is described as "the active production of useful plants or animals in ecosystems that have been created by people."
The United Nations (UN) Food and Agriculture Organization (FAO) defines agriculture as encompassing both subsistence and commercial farming activities.
Encyclopaedia Britannica: "the cultivation of soil, growing of crops, and raising of animals for food, fibre, medicinal plants, and other products used to sustain and enhance human life," which includes subsistence and commercial farming.
National Geographic defines agriculture as including both small-scale subsistence farming and large-scale commercial farming.
DP2024 defines the term "Rural Activities" without constraint on minimum size or purpose.
GRUZ-R1 permits the activity of Rural Activity without constraint on minimum size or purpose.
Thus Permitted rural activities include both commercial small scale subsistence farming activities for personal consumption and/or sharing with others, as well as sale at market, at any cadence/schedule.
Furthermore there is no specification or constraint for any of the rural activities to be for a current or registered going concern, and as such permitting activities to be for both evolving objectives as well as planned future objectives.
Therefore Permitted rural activities may include but are not limited to planning or keeping a large or small number of beehives, cattle, pigs, chickens, and horticulture etc. -- most of which we note are activities that are either constrained or simply even not permitted outside of a rural zone.
We note also that the 2000 District Plan's definition for Rural Activities did include the term "primary production", but as the 2024 DP is the new District Plan, and as the term is both defined differently in the DP2024 as well as not included in "P1 Sch1" of items yet to be decided, the DP2000 definition is no longer applicable.
In conclusion:
Please provide confirmation the above interpretation of the current and applicable district plan is correct, or provide a supported refutation of the above.
Thank you.
References:
1 District Plan - Plans, policies and bylaws - Wellington City Council
https://wellington.govt.nz/your-council/...
2 New Zealand Legislation
https://legislation.govt.nz/
3 New Zealand Legal Information Institute (NZLII)
https://www.nzlii.org/
4 National planning standards | Ministry for the Environment
https://environment.govt.nz/acts-and-reg...
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FYI request #27905 email]
Is [Wellington City Council request email] the wrong address for Official Information requests to Wellington City Council? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
hide quoted sections
From: BUS: Official Information
Wellington City Council
Good morning Wellington City Rural Ratepayer
Please find attached our response to your information request below.
Kind regards, Susan
Susan Sales
Senior Advisor Official Information
Wellington City Council
-----Original Message-----
From: Wellington City Rural Rate Payer <[FOI #27905 email]>
Sent: Sunday, August 4, 2024 1:59 PM
To: BUS: Official Information <[email address]>
Subject: Official Information request - WCC rural activities are permitted
Property owners within the WCC Rural District are currently being harassed by WCC abatement officers and planners incorrectly defining their current and planned activities as being not permitted rural activities. Of specific issue is the strong implication without backing evidence that planning and preparation and or current farming of bees, pigs, cattle, chickens and small scale crop is a non permitted activity, when they are activities that are both currently permitted and have been common practice from well before the previous district plan (DP2000).
As background:
As per the WCC web site(1), the 2024 District Plan (DP2024) is the new operational District Plan.
Noting that while reference is made to the replaced 2000 District Plan (DP2000) as being "relevant for those planning provisions that have not yet been replaced by decisions made for the 2024 District Plan" , the terms, rules and standards referenced in the discussion below are defined in the 2024DP, therefore any earlier definition provided within DP2000 is no longer relevant.
Within DP2024, within the "Rural Zone" section of "Part III - Area-Specific Matters", "GRUZ-R1" defines "rural activities" as "Permitted".
Within DP2024, within the "Interpretations" section of "Part I - Introduction and General Provisions", the following relevant terms are defined:
"RURAL ACTIVITIES means the use of land and/or buildings for agricultural, pastoral, horticultural, and forestry activities (not covered by the NES-PF); and includes:
- the storage of products and initial processing as an ancillary activity of horticultural and agricultural products produced on the site; and
- the storage and disposal of solid and liquid animal waste.
Intensive indoor primary production, rural industry, quarrying and mining activities, top soil stripping and turf farming are excluded."
The terms "agricultural", "pastoral" and "forestry" activities are not defined in the current or superceded district plan, nor defined in RMA or other New Zealand Act(2) or case law(3), or National Planning Standards(4).
In such contexts, it is the accepted legal process to refer to the common understanding of the term's meaning as defined in commonly and readily available and authoritative sources.
Oxford Dictionary: Agriculture is defined as "the science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool, and other products." This definition includes both subsistence and commercial farming activities.
Cambridge Dictionary: Agriculture is described as "the business, science or activity of farming" which in turn is defined as "the work and methods of growing crops and looking after animals that are then used for food." This encompasses both personal (subsistence) and market-oriented (commercial) farming.
Merriam-Webster Dictionary: Agriculture is described as "the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products." This broad definition includes both subsistence and commercial farming.
For both the sake of completeness and the removal of all uncertainty as to the matter, we are adding additional commonly available source:
Encyclopaedia Britannica: Agriculture is described as "the active production of useful plants or animals in ecosystems that have been created by people."
The United Nations (UN) Food and Agriculture Organization (FAO) defines agriculture as encompassing both subsistence and commercial farming activities.
Encyclopaedia Britannica: "the cultivation of soil, growing of crops, and raising of animals for food, fibre, medicinal plants, and other products used to sustain and enhance human life," which includes subsistence and commercial farming.
National Geographic defines agriculture as including both small-scale subsistence farming and large-scale commercial farming.
DP2024 defines the term "Rural Activities" without constraint on minimum size or purpose.
GRUZ-R1 permits the activity of Rural Activity without constraint on minimum size or purpose.
Thus Permitted rural activities include both commercial small scale subsistence farming activities for personal consumption and/or sharing with others, as well as sale at market, at any cadence/schedule.
Furthermore there is no specification or constraint for any of the rural activities to be for a current or registered going concern, and as such permitting activities to be for both evolving objectives as well as planned future objectives.
Therefore Permitted rural activities may include but are not limited to planning or keeping a large or small number of beehives, cattle, pigs, chickens, and horticulture etc. -- most of which we note are activities that are either constrained or simply even not permitted outside of a rural zone.
We note also that the 2000 District Plan's definition for Rural Activities did include the term "primary production", but as the 2024 DP is the new District Plan, and as the term is both defined differently in the DP2024 as well as not included in "P1 Sch1" of items yet to be decided, the DP2000 definition is no longer applicable.
In conclusion:
Please provide confirmation the above interpretation of the current and applicable district plan is correct, or provide a supported refutation of the above.
Thank you.
References:
1 District Plan - Plans, policies and bylaws - Wellington City Council
https://wellington.govt.nz/your-council/...
2 New Zealand Legislation
https://legislation.govt.nz/
3 New Zealand Legal Information Institute (NZLII)
https://www.nzlii.org/
4 National planning standards | Ministry for the Environment
https://environment.govt.nz/acts-and-reg...
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #27905 email]
Is [Wellington City Council request email] the wrong address for Official Information requests to Wellington City Council? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
hide quoted sections
From: BUS: Official Information
Wellington City Council
Kia ora Wellington City Rural Ratepayer
Please find attached our response to your information request below.
Kind regards, Susan
Susan Sales
Senior Advisor Official Information
Strategy and Finance
-----Original Message-----
From: Wellington City Rural Rate Payer <[FOI #27905 email]>
Sent: Sunday, August 4, 2024 1:59 PM
To: BUS: Official Information <[email address]>
Subject: Official Information request - WCC rural activities are permitted
Property owners within the WCC Rural District are currently being harassed by WCC abatement officers and planners incorrectly defining their current and planned activities as being not permitted rural activities. Of specific issue is the strong implication without backing evidence that planning and preparation and or current farming of bees, pigs, cattle, chickens and small scale crop is a non permitted activity, when they are activities that are both currently permitted and have been common practice from well before the previous district plan (DP2000).
As background:
As per the WCC web site(1), the 2024 District Plan (DP2024) is the new operational District Plan.
Noting that while reference is made to the replaced 2000 District Plan (DP2000) as being "relevant for those planning provisions that have not yet been replaced by decisions made for the 2024 District Plan" , the terms, rules and standards referenced in the discussion below are defined in the 2024DP, therefore any earlier definition provided within DP2000 is no longer relevant.
Within DP2024, within the "Rural Zone" section of "Part III - Area-Specific Matters", "GRUZ-R1" defines "rural activities" as "Permitted".
Within DP2024, within the "Interpretations" section of "Part I - Introduction and General Provisions", the following relevant terms are defined:
"RURAL ACTIVITIES means the use of land and/or buildings for agricultural, pastoral, horticultural, and forestry activities (not covered by the NES-PF); and includes:
- the storage of products and initial processing as an ancillary activity of horticultural and agricultural products produced on the site; and
- the storage and disposal of solid and liquid animal waste.
Intensive indoor primary production, rural industry, quarrying and mining activities, top soil stripping and turf farming are excluded."
The terms "agricultural", "pastoral" and "forestry" activities are not defined in the current or superceded district plan, nor defined in RMA or other New Zealand Act(2) or case law(3), or National Planning Standards(4).
In such contexts, it is the accepted legal process to refer to the common understanding of the term's meaning as defined in commonly and readily available and authoritative sources.
Oxford Dictionary: Agriculture is defined as "the science or practice of farming, including cultivation of the soil for the growing of crops and the rearing of animals to provide food, wool, and other products." This definition includes both subsistence and commercial farming activities.
Cambridge Dictionary: Agriculture is described as "the business, science or activity of farming" which in turn is defined as "the work and methods of growing crops and looking after animals that are then used for food." This encompasses both personal (subsistence) and market-oriented (commercial) farming.
Merriam-Webster Dictionary: Agriculture is described as "the science, art, or practice of cultivating the soil, producing crops, and raising livestock and in varying degrees the preparation and marketing of the resulting products." This broad definition includes both subsistence and commercial farming.
For both the sake of completeness and the removal of all uncertainty as to the matter, we are adding additional commonly available source:
Encyclopaedia Britannica: Agriculture is described as "the active production of useful plants or animals in ecosystems that have been created by people."
The United Nations (UN) Food and Agriculture Organization (FAO) defines agriculture as encompassing both subsistence and commercial farming activities.
Encyclopaedia Britannica: "the cultivation of soil, growing of crops, and raising of animals for food, fibre, medicinal plants, and other products used to sustain and enhance human life," which includes subsistence and commercial farming.
National Geographic defines agriculture as including both small-scale subsistence farming and large-scale commercial farming.
DP2024 defines the term "Rural Activities" without constraint on minimum size or purpose.
GRUZ-R1 permits the activity of Rural Activity without constraint on minimum size or purpose.
Thus Permitted rural activities include both commercial small scale subsistence farming activities for personal consumption and/or sharing with others, as well as sale at market, at any cadence/schedule.
Furthermore there is no specification or constraint for any of the rural activities to be for a current or registered going concern, and as such permitting activities to be for both evolving objectives as well as planned future objectives.
Therefore Permitted rural activities may include but are not limited to planning or keeping a large or small number of beehives, cattle, pigs, chickens, and horticulture etc. -- most of which we note are activities that are either constrained or simply even not permitted outside of a rural zone.
We note also that the 2000 District Plan's definition for Rural Activities did include the term "primary production", but as the 2024 DP is the new District Plan, and as the term is both defined differently in the DP2024 as well as not included in "P1 Sch1" of items yet to be decided, the DP2000 definition is no longer applicable.
In conclusion:
Please provide confirmation the above interpretation of the current and applicable district plan is correct, or provide a supported refutation of the above.
Thank you.
References:
1 District Plan - Plans, policies and bylaws - Wellington City Council
https://wellington.govt.nz/your-council/...
2 New Zealand Legislation
https://legislation.govt.nz/
3 New Zealand Legal Information Institute (NZLII)
https://www.nzlii.org/
4 National planning standards | Ministry for the Environment
https://environment.govt.nz/acts-and-reg...
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #27905 email]
Is [Wellington City Council request email] the wrong address for Official Information requests to Wellington City Council? If so, please contact us using this form:
https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
-------------------------------------------------------------------
hide quoted sections
From: Wellington City Rural Rate Payer
Dear BUS: Official Information,
Thank you for responding.
In light of your response, please let me rephrase the question more simply and to the point:
What is the definition of permitted rural activities in Wellington's rural zones?
Please include unambiguous definitions as to the activity, scale, and scope (in and out) which are permitted.
Please include references to legislation/regulation supporting the provided definition.
Thank you.
Yours sincerely,
Wellington City Rural Rate Payer
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