Bay of Plenty Regional Council
Report From:
Commissioner Raewyn Bennett (Hearing Committee Chairperson)
Proposed Bay of Plenty Regional Policy Statement Hearing
Committee
Date:
5 March 2012
File Reference:
7.00113
To the Chairman and Members, Bay of Plenty Regional Council
From the Proposed Bay of Plenty Regional Policy Statement Hearing
Committee
Proposed Bay of Plenty Regional Policy Statement
Water Quality and Land Use
Deliberations Report
1
Hearing Committee
The Bay of Plenty Regional Council resolved at its 10 March 2011 meeting to appoint an
RPS Hearing Committee for the purpose of hearing submissions and making
recommendations on the Proposed Bay of Plenty Regional Policy Statement. The Hearing
Committee comprises Commissioners Raewyn Bennett (Chairperson), John Cronin, Paula
Thompson, Neil Oppatt, Jane Nees and Malcolm Whitaker (who subsequently withdrew
due to other commitments). At its meeting on 25 August 2011, the Council resolved to
appoint Rob van Voorthuysen as an Independent Commissioner, under section 34A of the
Resource Management Act 1991, as a member of the Regional Policy Statement Hearing
Committee to replace Commissioner Whitaker.
As set out by the Council at its 10 March 2011 meeting, the role of the RPS Hearing
Committee is to hear and consider submissions on the Proposed Bay of Plenty Regional
Policy Statement and to make recommendations on submissions to the Regional Council.
2
Hearing Report
A comprehensive Proposed Regional Policy Statement (RPS) Hearing Committee hearing
report is available for inspection upon request. This report documents resolutions made,
and summarises submitters who presented evidence, at the hearings.
3
Water Quality and Land Use Hearing
3.1
Hearing dates and venues
Submitters on Water Quality and Land Use were heard on:
A1043365
1
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
(a)
Tuesday 27 and Wednesday 28 September at Club Mount Maunganui, 45 Kawaka
Street, Mount Maunganui.
(b)
Monday 3, Tuesday 4, Wednesday 5 and Thursday 6 October at Rydges Hotel,
272 Fenton St, Rotorua.
(c)
Friday 7 October at Harbour View Room, Hotel Armitage, 9 Willow St, Tauranga.
(d)
Monday 10 October, Whakaue Marae, Maketu Road, Maketū.
(e)
Tuesday 11, Monday 17 and Tuesday 18 October at Club Mount Maunganui,
45 Kawaka Street, Mount Maunganui.
3.2
Attendance
3.2.1
The Hearing Committee
Commissioner Raewyn Bennett (Chairperson)
Commissioner Jane Nees
Commissioner Neil Oppatt
Commissioner John Cronin
Commissioner Paula Thompson
Commissioner Rob van Voorthuysen
3.2.2
Staff
Nassah Steed (Senior Planner)
David Phizacklea (Planning Frameworks Manager)
Martin Butler (Regional Planner)
Nora Moore-Kelly (Committee Administrator)
Cindy Butt (Committee Administrator)
3.2.3
Hearing attendance of submitters on Water Quality and Land Use
Monday, 19 September – Mount Maunganui
Waihī Beach Community Board (Submitter No. 25) Peter Hassle and Kathy Mason
Waitaha Resource Management Committee (Submitter No. 66) Maru Tapsell
Department of Conservation (Submitter No. 102) Eleanor Jamieson, Chris Staite, Keith
Owen
Tuesday, 27 September – Mount Maunganui
Oil Companies (Submitter No. 13) Karen Blair
Wednesday, 28 September – Mount Maunganui
Te Puke Community Board (Submitter No. 18) Peter Miller, Grant Dally
Western Bay of Plenty District Council (Submitter No. 25), Philip Martelli
Monday, 3 October - Rotorua
James Warbrick (Submitter No. 51)
Robert Moore (Submitter No. 56)
Mighty River Power (Submitter No. 82) Simon Berry, Stephen Colson, Tom Powell,
Andrew Collins
Tuesday, 4 October - Rotorua
Project Rerewhakaaitu 3 (Submitter No. 140) Chris Sutton
NZ Fertiliser Manufacturers Research Association Inc/ Ravensdown/Balance (Submitter
No. 30) Greg Sneath, Nigel Sadlier
A1043365
2
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
Lee Matheson (Submitter No. 108)
K Royal and Roera Nominees Ltd (Submitter No. 3) Kipa Royal, Lynette Sturm
Fonterra Cooperative Group Ltd (Submitter No. 154) Sean Newland, Lucy Smith
Te Tumu Landowners Group (Submitter No. 85), Te Tumu Kaituna 14 Trust (Submitter
No. 83), Te Tumu Kaituna 11B2 Trust (Submitter No. 86), Ford Land Holdings Pty Ltd
(Submitter No. 87) Jeff Fletcher, Alan Bradbourne
Wednesday, 5 October - Rotorua
Māori Trustee (Submitter No. 96) Hera Naera, Tina Ngatai
Thursday, 6 October - Rotorua
Rotorua Catchment Farmer Collective (Submitter No. 135) Robbie Moore, Sharon Marrell
Bushland Estate Ltd (Submitter No. 137) Gisele Schweizer
Dairy NZ (Submitter No. 115) James Ryan, Oliver Parsons
Rotorua District Council (Submitter No. 29) Tammy McMahon
Lakes Water Quality Society (Submitter No. 49) Don Atkinson, John Green
Lachlan McKenzie (Submitter No. 28)
Stuart Morrison (Submitter No. 20)
Lake Rotoiti Community Association (Submitter No. 138) Hilary Prior
Rotorua Lakes Community Board (Submitter No. 12) Brentleigh Bond
Contact Energy (Submitter No. 92) Trevor Robinson, Mark Chrisp, Chris Bromley, Tim
Wilding, Jacqui Nelson
Friday, 7 October - Tauranga
Horticulture NZ etc. (Submitter No. 134) Chris Keenan, Merv Dallas, Jennifer Scoular,
Wayne Fowke, Rob Hunter, Brent Clothier, Bob Parker, Andrew Barber, Mike Chapman,
John Garwood, Andrew Coker, Brad Siebert
Monday, 10 October – Maketū
Ngāti Mākino Heritage Trust (Submitter No. 46) Lawrence Tamati
Waitaha Resource Management Committee (Submitter No. 66) Maru Tapsell
Ngāti Ranginui Iwi Society (Submitter No. 37) Carlton Bidois, Ngaraima Taingahue
Pirirakau Incorporated Society (Submitter No. 94) Julie Sparham
Te Runanga o Ngāti Whakaue Ki Maketū (Further Submitter No. 1) Maria Horne
Tuesday, 11 October – Mount Maunganui
NZ Pork (Further Submitter No. 30) Jaye Hill
Ian Joseph Schultz (Submitter No. 36) and NZ Pork (Further Submitter No. 30) Ruth Lee
(joint submission)
New Zealand Transport Agency (Submitter No. 144) Kim Harris-Cottle
Genesis Energy Ltd (Submitter No. 80) Richard Matthews, Jeremy Stevenson-Wright
Solid Energy NZ Ltd (Submitter No. 23) Jennifer Carvill
Monday, 17 October – Mount Maunganui
PM and JH Gravitt (Submitter No. 148)
Federated Farmers (Submitter No. 116) Gwyn Morgan
Hancock Forest Management (Submitter No. 130), Matariki Forests (Submitter No. 131),
Kāingaroa Timberlands (Submitter No. 132) Trish Fordyce, Colin Maunder
Contact Energy Ltd (Submitter No. 92) Trevor Robinson, Mark Chrisp, Bruce Burns,
Jacqui Nelson
Nga Uri O Te Ngahere Trust (Submitter No. 11) Garry Watson, Zoey Ellett
SmartGrowth Implementation Committee (Submitter No. 64) Ken Tremaine
Tuesday, 18 October – Mount Maunganui
Ōpōtiki District Council (Submitter No. 2) Robert Schlotjes
Taupō District Council (Submitter No. 16) Helen Gilbert
A1043365
3
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
Tauranga City Council (Submitter No. 145) Andy Ralph, James Danby, Graeme Jelley,
Mayor Stuart Crosby, Richard Reinen-Hamill, Paul Baunton
4
Water Quality and Land Use Deliberations
4.1
Deliberation dates
Deliberations on Water Quality and Land Use submissions took place on 23, 24 and 25
January 2012, 7, 8, 9 and 10 February 2012, and 5 March 2012.
4.2
Considerations
The Hearing Committee considered:
(a)
The Proposed Bay of Plenty Regional Policy Statement November 2010.
(b)
Submissions and further submissions on Water Quality and Land Use.
(c)
Presentations by the submitters, including their written and oral evidence.
(d)
Staff recommendations on the submissions and further submissions.
(e)
The Section 32 (dated November 2010) report for the Proposed RPS.
The Hearing Committee received and read all of the written submissions and further
submissions. The Hearing Committee also received and read a number of reports
prepared by Regional Council officers under section 42A of the RMA, referred to as
“officer reports”. Those officer reports dealt with each submission point and also the
significant issues of contention for each chapter of the Proposed RPS. A full list of these
officer reports is attached in Appendix 1. In addition the Hearing Committee received legal
submissions, lay evidence and expert evidence during the hearings themselves.
5
Recommendations
The full detailed Hearing Committee recommendations in relation to the individual
submissions and further submissions are set out in the database report entitled “Proposed
Bay of Plenty Regional Policy Statement Water Quality and Land Use Hearing Committee
Recommendations on Provisions with Submissions and Further Submissions, Version 7.1,
March 2012”. The document entitled “Proposed Bay of Plenty Regional Policy Statement
Water Quality and Land Use Schedule of Minor Amendments Hearing Committee
Recommendations, March 2012” Version 7.0 lists minor amendments. The following
presents a summary of those recommendations that would result in amendments to the
Proposed Bay of Plenty Regional Policy Statement that was publicly notified on
9 November 2010. Numbering relates to that notified version of the Proposed Bay of
Plenty Regional Policy Statement.
The recommended amendments are displayed in the accompanying “track changes:
version of the Proposed RPS; the final effect of them, should the recommendations be
adopted, are shown in the accompanying “clear copy” version.
The Hearing Committee has replaced “land-use” with “land use” wherever it occurs, to
avoid confusion. The Hearing Committee recommends that the Regional Council:
A1043365
4
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5.1
5 March 2012
2.10 – Water quality and land use
Third paragraph: Include coastal waters among the list of waters affected by land use and
to refer to “degraded” (rather than “declining”) water quality. Include “the declining water
quality of Tauranga Harbour (Te Awanui)” as one of the most important issues for the
region to address. Reason: Inclusion of Tauranga Harbour (Te Awanui) provides
appropriate recognition of the concern about another major regional water body.
Fourth paragraph: Include specific reference to contaminants from livestock and qualify
the occurrence of the effect by inserting the word “can” to read “can affect” rather than just
“affect”. Reason: Including reference to contaminants from livestock broadens the
description of contaminant sources and will assist in providing applicable context to the
policies that follow. Insertion of “can” acknowledges that the listed effects do not always
result from the discharges.
Fifth paragraph: Replace the expression "High impact events" with "Erosion associated
with storm events". Reason: This alteration replaces an obscure term with a more
informative expression. It is of minor effect and is made under the authority of clause
16(2) of Schedule 1 to the RMA.
Seventh paragraph: Replace the word “high” with “significant”. Reason: The term
"significant" is preferred as it relates to section 6(c) of the Act and the criteria provided
elsewhere in the RPS.
Eighth paragraph: Include community groups among the parties involved in the integrated
management of the Kaimai Mamaku Range and to correct the reference to Landcare.
Reason: This change provides appropriate recognition of the involvement of community
groups and corrects the reference to Landcare.
5.1.1
2.10.1 Water quality and land use
First paragraph: Reword the third sentence to read: “A rule in a regional plan may not
permit any such discharge that would result in specified adverse effects. In exceptional
circumstances a resource consent may be granted for a discharge with such effects.”
Reason: This wording avoids the use of “only” which was misleading in that it did not
recognise that “exceptional circumstances” is one of three exceptions provided in section
107. This alteration is of minor effect and is made under the authority of clause 16(2) of
Schedule 1 to the RMA.
Second paragraph: Split the paragraph after the first sentence and add two new
sentences to follow that first sentence. The first of the new sentences is to read: "The plan
applies water quality classifications to lakes, rivers and streams.” Reason: Elaboration of
the role of the Water and Land Plan is helpful and the example will further inform
subsequent policy.
Former fifth paragraph (now sixth) commencing "Non-point source ...": In the first
sentence, insert "certain" to read: "... deriving from certain rural activities and land
management practices, ..."; in the second sentence, insert "pastoral" to read: "...more
intensive pastoral farming and horticulture, ...". Reason: The word "certain" is an
appropriate qualifier to acknowledge that not all activities and management practices
cause the effects referred to. Insertion of the word "pastoral" before "farming" avoids the
possibility of misinterpretation of the term "intensive farming" and the risk that it could be
inferred to include wholly indoor production with no discharges to land or water.
Former seventh paragraph (now eighth) commencing "Excessive …": Reword the first
sentence to read: "Excessive contaminant discharges can result in adverse effects
occurring that are specified in the Act as being unacceptable.” Reason: The rewording
A1043365
5
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
retains the sense more simply. Reword the second sentence by removing “to” after “likely”
to read: “Catchments with water bodies where these effects occur or are likely are referred
to as 'catchments at risk'." Reason: Removal of an unnecessary word is of minor effect
and is made under the authority of clause 16(2) of Schedule 1 to the RMA.
Former eighth paragraph (now ninth) commencing "In catchments at risk, the Statement
...": Reword the second sentence by replacing the word “requires” with the expression “is
to require” to read: "The Regional Water and Land Plan is to require managed reduction of
discharges until each at-risk catchment's target level is met." Reason: This alteration is of
minor effect and is made under the authority of clause 16(2) of Schedule 1 to the RMA.
Former ninth paragraph (now tenth) commencing "In catchments at risk, land-use ...":
Reword the third and fourth sentences, the fourth sentence read: "For example, where
nutrients degrade water quality, district plans will assist changes to land use with reduced
nutrient losses." Reason: The rewording better acknowledges the role of regional plans
and sharpens the description of the purpose to relate to water quality and nutrient losses.
Inclusion of regional plans confirms their usefulness in easing land-use change. More
specific terminology will assist in reminding users about the targeted purpose of the policy
suite that follows.
After the former ninth paragraph (now tenth) commencing "In catchments at risk, land-use
...": Insert a new paragraph to read: "In catchments at risk, the capacity of a water body to
assimilate a contaminant is to be allocated among land use activities. The allocation
should result in an equitable outcome and allow for the balancing of public and private
costs and benefits." Reason: This paragraph explains the allocation policy WL 5B and
completes the sequence of paragraphs that describes the associated policies.
Former eleventh paragraph (now thirteenth) commencing "The Te Arawa Lakes ...": Insert
a phrase into the third sentence to read: "The purpose of the Group is to contribute to the
promotion of the sustainable management of the Rotorua lakes and their catchments, for
the use and enjoyment of present and future generations, while recognising and providing
for the traditional relationship of Te Arawa with their ancestral lakes." Reason: For
completeness and to address a submitter’s concern this passage, as amended, now
repeats in full the purpose statement from the statute referred to, section 49.
5.1.2
2.10.2 Soil health and productivity
First paragraph: Insert two new sentences at the beginning of this paragraph. Reason:
Putting soil productivity in the context of community well-being will assist in achieving the
purpose of the Act in the subsequent development of policy.
Second paragraph: Add text to the end of the third sentence to read: "Stream bank
erosion also contributes to soil loss, particularly where stream margins are managed
inappropriately or not retired from grazing." Reason: The qualifying text will guide future
land-use and land management practice.
5.1.3
2.10.3 Regionally significant water quality and land use issues
First issue, second paragraph, first sentence: Include reference to mauri being degraded
by amending the sentence to read: “Water quality is declining and the mauri of water has
been degraded in parts of the region.” Reason: Inclusion of "mauri" recognises the
relationship of Māori with water and the need for integrated management.
5.1.4
A1043365
Table 10 Water quality and land use objectives and titles of policies and
methods to achieve the objectives
6
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
Objective 27: Include “mauri” and the word “enhanced” be relocated to remove an
ambiguity and “and” be replaced with “or”. Reason: Inclusion of "mauri" recognises the
relationship of Māori with water and the need for integrated management. The rewording
provides guidance for policy development as to situations in which the focus is to be on
improvement.
Policies WL 1B, 3B, 4B, 5B, 6B and 7B and Method 36: These policy and method titles
have been amended in this table to correspond with changes recommended under those
policies and that method. Method 2 title has been inserted against Policy WL 6B to
correspond with it being listed under the policy itself.
Objective 30 and its associated policy, method and implementation information: The
Hearing Committee’s recommendation that these provisions be transferred to the Urban
and Rural Growth Management section is to be addressed under that topic.
5.2
3.1 Policies
5.2.1
Table
Policies WL 1B, 3B, 4B, 5B, 6B and 7B: These policy and method titles have been
amended in this table to correspond with changes recommended under those policies.
Policies WL 9B, 10B and 11B: The Hearing Committee’s recommendation that these
provisions be transferred to the Urban and Rural Growth Management section is to be
addressed under that topic.
5.2.2
Policy WL 1B
Title: Replaced the word “Facilitating” by “Enabling”. Reason: “Enabling” in the policy title
better reflects the policy content than the word “facilitating”. "Enabling" is a more
appropriate role for local authorities in the implementation of this policy than the more
proactive "facilitating".
Explanation, second paragraph: Amend the second last sentence and delete the last
sentence. The Hearing Committee recommends that the new last sentence read: "As
matters relevant to a change or an application are considered, the anticipated reduction is
to be counted as a positive effect to be taken into account." Reason: The rewording
reduces scope for misinterpretation of the policy in its application. The sentence
recommended to be deleted is redundant.
5.2.3
Policy WL 2B
Paragraph (b): Reword this paragraph to read: "(b) The catchments of other water bodies
when they are defined and included in the Regional Water and Land Plan. Consideration
of whether a catchment is at risk will have regard to whether it has significant values (e.g.
cultural, ecological, economic, recreational) that may be adversely affected by land use or
land-use change or have limited capacity to assimilate discharges of contaminants without
affecting those values." Reason: The amendment makes it clearer that the formal plan
change process will apply. Inclusion of the listed values as examples clarifies that
consideration is not limited to those value sets. Replacement of “accommodate” by the
term “assimilate” corresponds with the Act’s terminology. Replacement of “nutrients” by
“discharges of contaminant” is consistent with the policy as a whole.
Last paragraph: Delete. Reason: This sentence is redundant as it is in Appendix A
Definitions, Catchments at risk.
A1043365
7
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
Explanation, first paragraph: Insert a new sentence after the expression "Regional Water
and Land Plan" to read: "These catchments are to be identified through the formal plan
change process, including notification and public submissions." and replace the
expression "Method 19" with "Method 22". Reason: The amendment makes it clearer that
the formal plan change process will apply and corrects a numbering error.
5.2.4
Policy WL 3B
Title: Amend the title to read: “Establishing limits for contaminants entering catchments at
risk”. Reason: Amending the title makes it consistent with the policy itself as
recommended to be amended.
Policy, introductory text: Amend the introductory text by replacing the expression “can be
discharged into” with “enter the receiving waters within”. Reason: The amendment
removes an ambiguity and clarifies that the limits apply to the contaminants that enter the
water body.
Policy, paragraph (a): Add the expression “public health and” after “without
compromising”. Reason: Avoiding compromising public health contributes to safeguarding
the life-supporting capacity of water and is an appropriate additional reason to manage
contaminants.
Policy, paragraph (b): Qualified the paragraph by an introductory phrase “For the Rotorua
Te Arawa Lakes” removing the need for the expression “catchment at risk” which is
recommended to be deleted; replace the expression” be discharged in” by “enter” and
insert “in order” before “to”. Reason: Reference to the Lakes at the beginning of the
paragraph stresses its focused application; use of “enter” clarifies that the limits apply to
the contaminants that enter the water body; and “in order” emphasises the purpose of the
policy paragraph.
Policy, last paragraph: Reformat the paragraph to become (c) and reword it by insertion of
“the total amount of” before “nitrogen” and replacement of the expression “exports from
land” by “that enters”. Reason: The amendment removes an ambiguity and the uncertain
term “exports” and clarifies that the limit applies to the nitrogen that enters the lake.
Explanation, second paragraph: Delete the word “discharge” before “limits”. Reason: This
is a consequence of the change to the policy that clarifies that the limits apply to the
contaminants that enter the water body.
Explanation: Insert a new paragraph between the third and last paragraphs to read: "The
435 tonne annual sustainable nitrogen load for Lake Rotorua includes stream and
groundwater flows, rainfall, and treated sewage effluent and excludes internal loads from
the lake bed. The 435 tonnes is required to achieve the 4.2 trophic level index target
currently set in the Regional Water and Land Plan." Reason: The further explanation
addresses the clarification of the policy itself and is derived from the technical papers that
support the figure of 435 tonnes.
5.2.5
Policy WL 4B
Title: Amend the title to read: “Requiring consent for increased discharges in catchments
at risk". Reason: Inclusion of “in catchments at risk” is consistent with the policy itself and
assists in indicating the applicability of the policy.
Policy, footnote: Amend the footnote to the word “contaminant” by deleting “soil” to read:
“For example, nitrogen and phosphorus." Reason: This change retains the focus on
contaminants of concern.
A1043365
8
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
Explanation: Insert a new sentence at the end of the first paragraph to read: "However, it
is accepted that some farming practices, such as crop rotations, result in year to year
fluctuations in nutrient leaching and this needs to be provided for." Reason: This
amendment clarifies that year to year changes in farming practice are not intended to be
addressed under this policy.
5.2.6
Policy WL 5B
Title: Amend the title to read: “Allocating the capacity to assimilate contaminants".
Reason: The amendment avoids use of the confusing term "level" and adopts the
language of the policy, which derives from section 30(1)(fa) of the RMA.
Policy, introductory text: Reword this paragraph by replacing “nutrient” by “contaminants”,
deleting “discharges” and “discharge”, replacing “under” by “in accordance with” and
adding the expression “and considerations” after “principles” to read: "Allocate among land
use activities the capacity of Rotorua Te Arawa lakes and other water bodies in
catchments at risk to assimilate contaminants within the limits established in accordance
with Policy WL 3B having regard to the following principles and considerations:". Reason:
Use of the term “contaminant” derives from section 30(1)(fa) of the RMA; deletion of
“discharge” aligns this policy with Policy WL 3B as recommended to be amended; use of
“in accordance with” adds precision; the expression "principles and considerations" better
encapsulates the nature of items listed.
Policy paragraph (c): Insert "and" into "Public private" and pluralise "benefit and cost" to
read: "(c) Public and private benefits and costs;". Reason: This alteration is of minor effect
and is made under the authority of clause 16(2) of Schedule 1 to the RMA.
After paragraph (h), insert a new principle and consideration as new paragraph (ha) to
read: “Existing on farm capital investment”. Reason: This alteration, which follows the
underlying principle of section 124B of the RMA giving priority to existing holders of
resource consent, appropriately enables the economic well-being of people and
communities.
Explanation, second paragraph: In the last sentence, insert "and considerations" after
"principles". Reason: This is a consequence of the change to the policy that it explains.
Explanation, third paragraph: Add a sentence to the end to read: "Consequently,
allocation decisions will be undertaken in consultation with the affected community,
particularly landowners directly affected by the allocation." Reason: Inclusion of the
sentence will guide those involved in the subsequent development of policy.
5.2.7
Policy WL 6B
Title: Amend the title to read: “Managing the reduction of nutrient losses". Reason:
Amending the title makes it consistent with the policy itself as recommended to be
amended.
Policy: Transform the first paragraph of the policy into introductory text to three listed
paragraphs, (a), (b) and (c), referring specifically to rules (introductory text), best practice
(a), equitable balancing (b), and (c) the specific reference to Lake Rotorua (with a later
date).
In the transformed introductory text, replace “nutrient discharges” with “nutrient losses”,
delete “discharge” before “limits” and insert “by ensuring that”.
In the transformed Lake Rotorua paragraph, now (c), replace the expression “in excess of
the discharge limits established under Policy WL 3B” by “that results in the exceedance of
A1043365
9
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
the limit for that lake”; replace “authorised” by “authorised by a rule in a plan or a
discharge permit”; and replace “2019” by “2022”.
The recommended policy reads as follows: "Require, including by way of rules, the
managed reduction of any nutrient losses that are in excess of the limits established under
Policy WL 3B by ensuring that:
"(a) Rural production land use activities minimise their loss of nutrients as far as is
reasonably practicable by implementing on-farm best management practices;
"(b) Land use change that is required within the Rotorua Te Arawa lakes catchments to
achieve the limits takes into account an equitable balancing of public and private costs
and benefits;
"(c) No discharge of nitrogen onto or into land or water in the Lake Rotorua catchment that
results in the exceedance of the limit for that lake is authorised by a rule in a plan or a
discharge permit beyond 2022."
Reason: Inclusion of reference to rules makes the policy intent more explicit and
acknowledges that section 15 of the RMA requires discharges to be authorised and that,
as well as by discharge permits, discharges may be authorised by rules. The term “losses”
incorporates discharges and also includes other non-discharge sources that may be
amenable to management. Deletion of “discharge” aligns this policy with Policy WL 3B as
recommended to be amended. The expression “by ensuring that” is an appropriately
directive linking phrase with the paragraphs that follow. Adoption of best practice, (a),
contributes to the efficient use of the finite resource of assimilative capacity by requiring
the uptake of potential advances in farming technology. For (b), equitable balancing of
public and private costs and benefits contributes to the social and economic well-being of
people and communities. For (c), the changes clarify that the constraint on authorised
discharges relates to avoiding exceeding the nitrogen limit of the lake itself; the three year
extension to 2022 is an expression of good faith that recognises that three years have
passed since the 2019 date was included in the 2009 Draft RPS; to promote integrated
management, the 2022 date also facilitates alignment with associated policy processes
under the Local Government Act 2002.
Explanation: Delete the second sentence of the first paragraph, insert three new
paragraphs, and update the last paragraph, so that the Explanation reads: “Explanation
“A reduction in the amount of nutrients derived from land-use activities, such as dairying,
is necessary to halt the decline in water quality in at-risk catchments.
“On-farm best management practices should be implemented to ensure that all rural
production land use activities minimise their nutrient losses as far as is reasonable,
practicable and affordable. The aim is to ensure that all rural production land users are
operating in accordance with industry best practice.
“For Lake Rotorua, current on-farm best practice alone will not achieve the nitrogen load
reduction required to reach the sustainable nitrogen load of 435 tN/ yr and land use
change will be necessary.
“The cost of achieving any further reduction in nutrient losses over and above on-farm
best practice in a particular catchment will have a mix of public and private benefits and
should be funded accordingly. Consequently, the implementation of Policy WL 6B will
require the development of further policy under the Regional Council's Resource
Management Act 1991 and Local Government Act 2002 responsibilities.
“Nutrient reduction targets have been established to enable lakes such as Rotorua,
Rotoiti, Okaro, Rotoma, Rotoehu and Okareka to meet their target trophic level indices
(TLIs).”
A1043365
10
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
Reason: The sentence is deleted as it does not explain the policy. The new paragraphs
explain the amended policy and account for the particular emphasis on Lake Rotorua. The
update is to incorporate the latest information on other lakes’ targets and is made under
the authority of clause 16(2) of Schedule 1 to the RMA; the amendment removes an
unnecessarily confusing reference to community action plans.
In the “Table reference” box following the Explanation, replace “Method 2” with “Methods
2, 3 and 28”. Reason: To ensure consistency with the listing in Table 10.
5.2.8
Policy WL 7B
Replace the expression “earthworks and vegetation disturbance” with “land and soil
disturbance” [followed in some places by “activities”] wherever it occurs throughout the
title, policy and explanation; remove the word "minimise" from the introductory text of the
policy; and insert "Avoid accelerated" into the beginning of paragraph (a) and "Minimise"
to the beginning of (b); to read:
“Policy WL 7B:
Minimising the effects of land and vegetation disturbance
“Collaborate in developing and implementing plan provisions and the consideration of
resource consent applications to control land and soil disturbance activities to:
“(a)
Avoid accelerated erosion and soil loss; and
“(b)
Minimise silt and sediment runoff into water, or on to or into land that may enter
water, so that healthy aquatic ecosystems are sustained.
“Explanation
“An area of overlapping jurisdiction between the Bay of Plenty Regional Council and
district and city councils is the ability to control land and soil disturbance activities. Many
small scale earthworks – such as driveways and retaining walls – can cumulatively
contribute large amounts of silt to stormwater and water bodies, as do large scale
earthworks on erosion prone land. This policy provides for consideration of land and soil
disturbance activities to minimise erosion and sediment runoff prior to plan controls being
adopted by regional and district plans.
“This policy will require that the Bay of Plenty Regional Council and district and city
councils integrate the control of land and soil disturbance activities in their regional and
district plans. Method 36 requires the Bay of Plenty Regional Council and district and city
councils to develop a protocol for land and soil disturbance. The protocol will assist with
implementing this policy.
“Some activities – such as major road construction – are likely to require resource
consents from both the Bay of Plenty Regional Council and district or city councils. Local
authorities should work in collaboration to manage the effects of land and soil disturbance
activities.”
Reason: Use of the umbrella terminology, "land and soil disturbance", from the Regional
Water and Land Plan allows full scope for the issues to be addressed in the
implementation of this policy.
5.2.9
Policies WL 9B – 11B
The Hearing Committee’s recommendation that these provisions be transferred to the
Urban and Rural Growth Management section is to be addressed under that topic.
A1043365
11
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5.3
3.2 Methods
5.3.1
Method 3
5 March 2012
Include Policy WL 6B among the list of policies to be given effect to by this method.
Reason: To ensure consistency with the listing in Table 10.
5.3.2
Method 36
Title: Replace “earthworks” with “land and soil disturbance”.
Method: Replace “earthworks and land disturbance” with “land and soil disturbance”.
Reason: The amended terminology retains consistency with that of Policy WL 7B as
amended.
5.4
4.2 Objectives, anticipated environmental results and monitoring
indicators table
5.4.1
Objective 27
Objective 27: Amend the objective to read: "The quality and mauri of water in the region is
maintained or, where necessary to meet the identified values associated with its required
use and protection, enhanced". Reason: Consequential on the amendment to the
Objective itself in 2.10, Table 10. This alteration is of minor effect and is made under the
authority of clause 16(2) of Schedule 1 to the RMA.
Monitoring indicators: Delete the third indicator. Reason: The public perception indicator is
perceived to be too subjective and not a reliable measure of actual water quality.
5.4.2
Objective 28
Monitoring indicator: Amend the terminology of the first indicator to read: “Nitrogen
entering Lake Rotorua shall not exceed: 435 tonnes beyond 2022”. Reason: As a
consequence of the amendment to Policy WL 6B. This alteration is of minor effect and is
made under the authority of clause 16(2) of Schedule 1 to the RMA.
5.4.3
Objective 29
Anticipated environmental result and Monitoring indicator: Delete the third result, 'Land
use fits in with its environment.', and its corresponding Monitoring indicator, 'Surveys
indicate that 80% of the region’s people are satisfied that land use is in harmony with its
environment.' Reason: The AER and its indicator are superfluous in the context of the
other AERs and indicators and, given their vague terminology and level of subjectivity, are
unlikely to contribute anything of value to land use management.
Monitoring indicator: Amend the last indicator, corresponding with the Wetlands
Anticipated environmental result, to read: 'Improvement in the condition and extent of
wetlands.' Reason: Given that the AER is "maintained and enhanced", it is logical for
"improvement" to be the indicator of achievement.
5.4.4
Objective 30
Objective 30 and its associated Anticipated environmental result and Monitoring indicator
information: The Hearing Committee’s recommendation that these provisions be
A1043365
12
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
transferred to the Urban and Rural Growth Management section is to be addressed under
that topic.
5.5
Appendix A — Definitions
5.5.1
Catchments at risk
Amend the definition to read: “Are the catchments of Lakes Rotorua, Rotoiti, Rotoehu,
Rotomā, Ōkataina, Tikitapu, Ōkāreka, Tarawera, Rotomāhana, Rerewhakaaitu, Ōkaro
and Rotokākahi, and catchments of other water bodies when they are defined and
included in the Regional Water and Land Plan. A catchment includes the total area from
which a receiving water body collects its surface or groundwater runoff.” Reason: As
amended the definition strengthens the reference to being included in the Regional Water
and Land Plan. The definition corresponds with that in Policy WL 2B, whose Explanation
is amended to clearly refer to the formal plan change process.
5.5.2
Diffuse source contamination
Delete the definition. Reason: The definition is not needed as the expression is not used
in the body of the RPS.
5.5.3
Effluent
Delete this term. Reason: It meets the Appendix A third bullet criterion for not being
included: it appears in explanatory text but not the policies. This alteration is of minor
effect and is made under the authority of clause 16(2) of Schedule 1 to the RMA.
5.5.4
Eutrophication
Delete the definition. Reason: The definition is not needed as the expression is not used
in the body of the RPS.
5.5.5
Point source discharge
Replace “Point source discharges:” with “Point source discharge”. Reason: This
alteration is of minor effect and is made under the authority of clause 16(2) of Schedule 1
to the RMA.
6
Additional Documentation
Attached to this report are a number of accompanying documents adopted by the Hearing
Committee:
A1043365
(i)
Recommendations by the Hearing Committee in relation to the individual
submissions and further submissions. This database generated report is entitled
“Proposed Regional Policy Statement Water Quality and Land Use Hearing
Committee Recommendations on Provisions with Submissions and Further
Submissions, dated March 2012”.
(ii)
The Schedule of Minor Amendments recommended by the Hearing Committee. This
document is entitled “Proposed Bay of Plenty Regional Policy Statement Water
Quality and Land Use Schedule of Minor Amendments Hearing Committee
Recommendations, March 2012” Version 7.0, and lists minor amendments made
under clauses 10(2)(b) and 16(2) of Schedule 1 to the Resource Management Act
1991.
13
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
(iii)
The ‘Track Changes’ version of the Proposed Bay of Plenty Regional Policy
Statement Water Quality and Land Use showing the changes resulting Hearing
Committee’s recommendations. This document, entitled “Proposed Bay of Plenty
Regional Policy Statement Water Quality and Land Use Hearing Committee
Recommendations, Track Changes Version 7.0b, March 2012”, shows the changes
to the Proposed RPS publicly notified on 9 November 2010 recommended by the
Hearing Committee. Should there be any inconsistencies between these two
documents, the Hearing Committee’s recommendations on provisions with
submissions and further submissions shall prevail.
(iv)
A ‘Clear Copy’ version of the Proposed Bay of Plenty Regional Policy Statement
Water Quality and Land Use showing the effect of the changes resulting from the
Hearing Committee’s recommendations. This document is entitled “Proposed Bay of
Plenty Regional Policy Statement Water Quality and Land Use, Clear Copy Version
7.0, March 2012”.
(v)
The section 32 record which summarises the Hearing Committee’s further
evaluation of the objectives, policies and methods. This report is entitled ““Proposed
Bay of Plenty Regional Policy Statement Water Quality and Land Use, Section
32(2)(a) Record, Version 7.0, March 2012”.
Recommendation
That the Bay of Plenty Regional Council:
1
Receives the report entitled “Proposed Bay of Plenty Regional Policy
Statement Water Quality and Land Use Hearing and Deliberations Report”.
2
Adopts, in accordance with clause 10 of Schedule 1 to the Resource
Management Act 1991, the recommendations and reasons relating to each
individual submission point and section of the Proposed Bay of Plenty
Regional Policy Statement Water Quality and Land Use, Hearing Committee
Recommendations, Version 7.0, March 2012”.
3
Makes the minor amendments recommended by the Hearing Committee in the
document entitled “Proposed Bay of Plenty Regional Policy Statement Water
Quality and Land Use Schedule of Minor Amendments Hearing Committee
Recommendations, March 2012” Version 7.
4
Records that it is satisfied that, in the Proposed Bay of Plenty Regional Policy
Statement Water Quality and Land Use March 2012 as amended by its
decisions on submissions and further submissions, the objectives are the
most appropriate way to achieve the purpose of the Resource Management
Act 1991 and the policies and method are the most appropriate for achieving
the objectives.
5
Adopts the Proposed Bay of Plenty Regional Policy Statement Water Quality
and Land Use Section 32(2)(a) report, Version 7.0, March 2012”.
6
Resolves under clause 10(3) of Schedule 1 to the Resource Management Act
1991, that the Bay of Plenty Regional Council will publicly notify that it has
made its decisions on Water Quality and Land Use submissions and that the
Proposed Bay of Plenty Regional Policy Statement, shall be deemed to have
been amended in accordance with those decisions from the date of
notification.
Commissioner Raewyn Bennett (Chairperson) ......................................................................
A1043365
14
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
Commissioner Jane Nees ......................................................................................................
Commissioner Paula Thompson ............................................................................................
Commissioner John Cronin ....................................................................................................
Commissioner Neil Oppatt .....................................................................................................
Commissioner Rob van Voorthuysen ....................................................................................
RPS Hearing Committee
Proposed Bay of Plenty Regional Policy Statement
A1043365
15
Proposed BoP Regional Policy Statement Water Quality and Land Use Deliberations Report
5 March 2012
Appendix A – List of Officer Reports
Proposed Bay of Plenty Regional Policy Statement Staff Recommendations Overview Report:
Water Quality and Land Use August 2011. [A900195]
Proposed Regional Policy Statement Staff Recommendations on Provisions with Submissions and
Further Submissions (Water Quality and Land Use related provisions) Produced: 30/08/2011
10:55:58 a.m. [A915012]
Proposed Bay of Plenty Regional Policy Statement Supplementary Staff Recommendations
Overview Report: Water Quality and Land Use November 2011. [A1000416]
Memorandum to RPS Hearing Committee, Proposed RPS Water quality and land use Policy WL
7B: Further consideration, from Martin Butler Regional Planner, 23 January 2012. [A1030134]
Memorandum to RPS Hearing Committee, Policy WL 6B Explanation: Lake nutrient reduction
targets, from Martin Butler Regional Planner, 3 February 2012. [A1036136]
A1043365
16