Dear Wellington City Council,

As per other LGOIMA requests made today, the applicability and intended interpretations of the latest district plan’s rules and standards are unclear, requiring clarification.

In the Interpretations section of Part I of the current 2024 District Plan, the following terms are defined:

EARTHWORKS:
means the alteration or disturbance of land, including by moving, removing, placing, blading, cutting, contouring, filling or excavation of earth (or any matter constituting the land including soil, clay, sand and rock); but excludes gardening, cultivation, and disturbance of land for the installation of fence posts.

CULTIVATION:
means the alteration or disturbance of land (or any matter constituting the land including soil, clay, sand and rock) for the purpose of sowing, growing or harvesting of pasture or crops.

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:
a) the storage of products and initial processing as an ancillary activity of horticultural and agricultural products produced on the site; and
b) 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.

With the above definitions in mind, could WCC please confirm -- or provide an evidenced rebuttal to the contrary -- as to whether farmers and other residents of the Rural Zone retain their traditional rights to maintain and work their farms?

Our interpretation of the terms, rules and standards is as follows:

a) "rural activities" permitted in the rural zone include "agriculture" and "pastural activities"
b) "agriculture" and pastural activities include "cultivation"
c) "cultivation" includes the disturbing of the land, turning it, and reforming the "soil, clay, sand and rock" subsoil as required for drainage or other common agricultural and pastural preparation activities prior to resowing, growing or harvesting of pasture and crops grown on it. Note that we are making clear distinction between working a field which may temporarily expose subsoil "clay sand or rock" but is recovered by topsoil prior to resowing, and "top soil stripping and turf farming" as defined under Rural Activities.
d) the definition of "earthworks" excludes "cultivation" and therefore cultivation is not subject to limits on "placing, blading, cutting, contouring, filling or excavation of earth (or any matter constituting the land including soil, clay, sand and rock)".
e) "rural activities" and its sub activity, "cultivation", remains and will continue to remain Permitted activities under GRUZ-R1 of DP2024

And -- noting that it would be clearly impossible to farm if only permitted to cultivate only 250m2 per year -- remain exempt from Standards defined to constrain earthworks.

Thank you for the clarification as to WCC’s intent to continue to support rural activities, and cultivation in Wellington’s rural zones.

And if WCC is no longer supporting farmers, what is the intended expectations on farmers in Wellington's Rural zone, and the processes WCC expects them to follow?

For example, are they required to file a Resource Consent before they turn more than 250sq.m2 a year of soil?

If an existing farm, with existing practices, are they except from requiring consent? Is it by default exempted, or is it lost if they don't apply for an exception before a certain duration has expired (e.g.: 6 months from when the district plan coming into effect)? For how long is an exemption granted? Does it expire? When it expires, what consent will they be required to obtain to continue to farm, cultivate, prepare paddocks for horses and cattle, etc.?

Thank you for the clarification as to intent, interpretation, and any new processes expected of rural rate payers.