Updates to Operative District Plan

Update to the Operative Waitomo District Plan 2009 to incorporate Statutory Acknowledgement Areas - Ngati Tuwharetoa

12 September 2019

Council is required under section 34(1) of the Ngati Tuwharetoa Claims Settlement Act,(‘Settlement Act’) on and from the effective date (12 September 2019) to attach information recording statutory acknowledgement areas to all statutory plans that wholly or partly cover a statutory area.

Under section 34(2) of the Settlement Act, Council is required to include the following information to a statutory plan:

  1. a copy of sections 29 to 33, 35, and 36; and
  2. descriptions of the statutory areas wholly or partly covered by the plan; and
  3. the statement of association for each statutory area.

Under section 34(3) of the Settlement Act, the attachment of information to a statutory plan under this section is for the purpose of public information only and, unless adopted by the relevant consent authority as part of the statutory plan, the information is not:

  1. part of the statutory plan; or
  2. subject to the provisions of Schedule 1 of the Resource Management Act 1991.

Therefore, these documents will be appended to the Operative District Plan. Click Appendix 10 (PDF, 1.15 Mb) to open the appendix. 

 

Update to the Operative Waitomo District Plan 2009 to incorporate amendments to designations

15 August 2019

The Operative Waitomo District Plan has been updated to amend the description of Designation DS 149 pursuant to Schedule 1, section 20A of the Resource Management Act 1991.

AND

The Operative Waitomo District Plan has been updated to uplift Designation DS107 pursuant to section 182 of the Resource Management Act 1991.

The changes are as follows:

Parts of the District Plan updated: Section 23, Designated Works, Schedule of Designations and Requiring Authorities and Planning Map 33A.

The amendments are struck through in red and new text is underlined in blue:


Mokau Water reservoir

SH3

Lot 1 DPS 77589

Water Supply Purposes

107

33A

Rural

The Lines Company

110 kV Transformer

Hangatiki Zone Substation

Hangatiki

Waitomo Caves Road

Delineated area within Lot 2 DPS 71444

 

Electricity Supply Purposes

150

7, 7B

Rural

 

DS107 Uplifted

 

Update to the Operative Waitomo District Plan 2009 to incorporate two new designations

7 January 2019

The New Zealand Transport Agency’s decision on Waitomo District Council’s Recommendation on the Notice of Requirement lodged pursuant to Section 168(2) of the Resource Management Act 1991. This decision was received by Waitomo District Council on 8 November 2018. Waitomo District Council has accepted this decision and no appeals were lodged. As such, the Designation is now operative and the Operative Waitomo District Plan is updated as follows:

  • New text (underlined for additions) is inserted in the Operative Waitomo District Plan, Section 23: Public Works:

NZ Transport Agency

Awakino Tunnel Bypass

Awakino

 

State Highway Improvements, Awakino

149

25, 26

Rural

 

  • The following amendments (DS149) are made to the Planning Maps

DS149 Image

 

The Lines Company’s decision on Waitomo District Council’s Recommendation on the Notice of Requirement lodged pursuant to Section 168(2) of the Resource Management Act 1991. This decision was received by Waitomo District Council on 2 July 2018. Waitomo District Council has accepted this decision and no appeals were lodged. As such, the Designation is now operative and the Operative Waitomo District Plan is updated as follows:

  • New text (underlined for additions) is inserted in the Operative Waitomo District Plan, Section 23: Public Works:

 

The Lines Company

110 kV Transformer

Hangatiki

Lot 2 DPS 71444 

Electricity Supply Purposes

150

7, 7B

Rural

 

  • The following amendments (DS150) are made to the Planning Maps:

DS150

 

The Operative Waitomo District Plan 2009 incorporating the new designations is the version available on Council’s website. Please contact the Policy Team on 0800 932 4357 if you have any questions.

 

Correction of the Operative Waitomo District Plan 2009

1 May 2018

 

In accordance with the Resource Management Act 1991, Schedule 1, Clause 20A, Waitomo District Council has identified some minor administrative errors in the Operative Waitomo District Plan 2009. Council has made the following four changes in order to amend grammatical or numbering errors:

  • Un-amended text from the Operative Waitomo District Plan is black.
  • Amended text is underlined for additions and struck through for deletions e.g. this text is deleted.

 

Residential Zone:

8.5.4.2        The anticipated adverse effects resulting from the area of non-compliance and it’s its impact on the following matters:

Rural Zone:

11.8            Anticipated Environment Outcomes

(b) (h)     Maintenance and enhancement of riparian margins. 

Network Utilities:

Table 15.1

(e) (f)        Lines as defined by Section 2(1A) of the Telecommunications Act 1987 and not otherwise provided for in this rule.

Hazardous Substances and Contaminated Land:

17.6.5 (i) Retail LPG outlets, with storage of up to 6 tonnes (single vessel storage) of LPG, provided that the the joint Australian / New Zealand Standard for “Storage and Handling LP Gas (AS/NZS 1596: 1997)” is adhered to

The Operative Waitomo District Plan 2009 incorporating the above corrections is the version available on Council’s website. Please contact the Policy Team on 0800 932 4357 if you have any questions.

Amendment of the Operative Waitomo District Plan 2009 to align with the National Environmental Standards for Plantation Forestry

1 May 2018

The Resource Management (National Environmental Standards for Plantation Forestry) Regulations 2017 (NESPF) came into force on 1 May 2018. The NESPF prevails over any plan rules that duplicate or conflict from this date. Section 44A of the Resource Management Act 1991 requires Council to align the provisions of the District Plan with the NESPF as soon as practicable after 1 May 2018.

The following plantation forestry specific rules have been removed so that they do not duplicate or conflict with the NESPF:

Rural Zone – Section 11:

Rule 11.5.4.5(c)

The following general rules duplicate or conflict with the NESPF but also apply to other activities. An advisory note has been added to these rules to clarify that the NESPF prevails over the rule for plantation forestry activities only:

Rural Zone – Section 11:

Rule 11.5.4.2

Rule 11.5.4.5

Rules 11.5.4.6(a)-(c) and (e)-(f)

Rule 11.5.4.6A

Landscape Policy Area – Section 12

Rules 12.5.1.4(a) and (f)  

Conservation Zone – Section 14

Rule 14.5.1.2(d)

Te Maika Zone – Section 14A

Rule 14A.6.2.2

Hazardous Substances and Contaminated Land – Section 17

The rules contained in section 17.6

Noise – Section 20

Rules 20.5.1, 20.5.1.1 and 20.5.1.2

Rule 20.5.1.4

Rule 20.5.1.6

Regulation 6 expressly states where plan rules may be more stringent than the NESPF in accordance with section 43B of the Resource Management Act 1991.  The following plan rules are more stringent than the NESPF and meet the requirements of Regulation 6 of the NESPF.  An advisory note has been added to these rules to clarify that the plan rules prevail over the NESPF for plantation forestry activities:

Rural Zone – Section 11:

Rule 11.5.2.1

Rule 11.5.2.2

Rule 11.5.2.3

Rule 11.5.2.4

Rule 11.5.4.6(d)

The Operative Waitomo District Plan 2009 incorporating the above changes is the version available on Council’s website. Please contact the Policy Team on 0800 932 4357 if you have any questions.