Western Bay of Plenty
Seasonal Worker Accommodation Variation of Consent
Some seasonal worker accommodation consent conditions only allow for RSE workers to be accommodated. Western Bay of Plenty District Council has provided flexibility on these consent conditions to acknowledge the impact of Covid-19 and the border closure preventing RSE workers from arriving. The council has agreed that it is acceptable for other workers working in the kiwifruit industry to occupy seasonal worker accommodation without a variation of consent. Councils’ advice is that consent holders continue to operate the facilities in accordance with their Site Management Plan and to communicate with Council any issues related to non-compliance with current consent conditions. In particular, the increased potential of traffic effects as a result of domestic workers (who generally have their own transport) as opposed to RSE workers (who are usually transported in vans). If the facility is unable to operate in general accordance with its consent conditions Council may require a variation to any existing resource consents.
This advice will be reviewed in the next 6-12 months. More information can be found here.
On Monday 10 August, the Tauranga District Court dismissed the appeal by Western Bay of Plenty District Council against NZKGI and ruling by the Ministry of Business, Innovation and Employment (MBIE) that found that access and facilities for disabled people were not required for a change of use rural property in Te Puke. The Judge also commented on the classification of change of use dwellings and precedence setting and NZKGI will continue to work through these rulings with MBIE in the coming weeks. The decision can be read here.
District Plan Changes
The Western Bay of Plenty District Council has announced its decisions on the District Plan proposed plan changes 82-84 and 86-91. NZKGI provided a submission on each of the plan changes and the Council has generally accepted our submission points (submission attached). Below is the key changes to the plan changes that relate to kiwifruit.
- Post-Harvest Zone – Review of Provisions
The height restrictions for post-harvest facilities have increased from 12 to 14m. This means that a post-harvest facility can be built upto a height of 14m as a permitted activity
- Accommodation Facility Permitted Limit
The accommodation facility limit has been extended from four to five to align with the Building Act (excludes staff). This is in relation to a boarding house type situation before a change of use would be triggered.
- Frost Protection Fans
A change in activity status from controlled to permitted the operation of frost fans for testing purposes outside of set times Monday – Friday 8am to 5pm.
Rule requiring new dwellings to be designed to mitigate noise effects from frost protection fans.
Exemption for frost protection fans in post-harvest zones to reach a height restriction of 15m.
- Rural Contractors Depots – Separation Distances
Amendments to setback wording for rural contractors deport to include any associated vehicle access ways, driveways, vehicle parking and/or maneuvering areas.The Rural Contractors Depot (including any associated vehicle access ways, driveways, vehicle parking and/or maneuvering areas) shall not be located within 60 metres of any existing or consented Dwelling, Minor Dwelling, Education Facility or Accommodation Facility that is located on a title separate to that of the subject site and in different ownership to that of the Rural Contractors Depot operator.
- Rangiuru Business Park – Water Supply Option
Adding Pongakawa bore as additional option as water supply option
District Council Plan Changes
Plan Change 85 – Cleanfill Activities
The purpose of the plan change is to manage the adverse effects of cleanfill activities on the transportation network, infrastructure and network utilities, safety and convenience of road and access users, and on the amenity of residential activities and other sensitive sites.
The decisions on cleanfill activities can be found here.