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.
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.
From 10 June 2020, open burning rules changed in the Bay of Plenty which means that no land owner or user, urban or rural, can light a fire within 100m of a neighbouring dwelling house. For rural production land, you can apply for resource consent to burn vegetative material within 100m of another dwelling house. However, recreational or cultural fires will still be allowed, for example, braziers, BBQs, pizza ovens, smokers and hangi, provided offensive or dangerous discharges are minimised. More information can be found here.
The Opotiki District Plan will be fully operative by the end of the year. Horticulture NZ has provided an overview of the plan, the proposed rules and how they compare to current rules. You can read about the plan here.
The seasonal accommodation plan change is now operative in the Hastings district and can be found here.
Plan change 1 seeks to reduce the amount of contaminants entering into the Waikato and Waipā catchments and was notified on 22 April 2020 and under the Resource Management Act, any rules relating to water have immediate legal effect from the date of notification. The decision version of the plan change can be found here.
Horticulture NZ has provided advice for growers on what rules apply which can be found here.
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.
The region wide Water Quantity Proposed Plan Change 9 (PC 9) has been withdrawn by the Bay of Plenty Regional Council (Council). This means PC9 no longer has any legal effect.
PC9 was publicly notified in October 2016 as a first step towards improving the rules around fresh water. Changes within PC9 were developed to replace the existing rules within the operative Regional Natural Resources Plan (RNRP). Proposed changes were primarily concerned with how much surface and groundwater could be taken, proposing stricter limits on takes while also evolving the regulations that govern fresh water use. This was the Council’s approach to start implementing the governments National Policy Statement for Freshwater Management (NPS).
On 5 September 2019, the government released their essential freshwater policy for public consultation. The policy sought to halt declining freshwater quality and ecosystem health.
National policy and expectations have therefore evolved since PC9 was notified – particularly in respect of the role tangata whenua should have in fresh water management. The government have has said it will make further decisions on essential freshwater in April 2020 however, until then, Council and water users can only speculate as to the final requirements that will need to be captured in regional policy/plans.
Therefore, on 18 February 2020, Council’s Strategy and Policy Committee decided to withdraw PC9. Resource consents granted under PC9 are still valid and the consent conditions associated with these consents are also valid and must be adhered to.
For growers, this means that the rules under the operative RNRP remain current. Proposed rules under PC9 relating to the registering of permitted takes, changes to permitted take allowances and water metering requirements are therefore on hold however with expectations around water management only increasing under new government policy, growers should not be complacent with their approach to water management. Rules around its availability, efficient use and monitoring requirements will only increase. Ensuring you are measuring your water use through a water meter is your best approach to understanding and optimising your use, provides evidence for GAP requirements and aligns your business with future water management rules that will undeniably be in place in the very near future.
Resource consent is still required for all existing unauthorised water takes and applications will be assessed under the RNRP. Applications to take water from a fully allocated resource will now be processed as a Discretionary Activity as opposed to the ‘generally decline’ clause that PC9 had proposed.
NZKGI (along with HortNZ) have provided some guidance on artificial crop protection structures and shelter belts that can help with decision making on your orchard. You can see the guidance material here or alternatively contact NZKGI, Senior Policy Analyst, Sarah Cameron here.
If you are a grower in the Bay of Plenty, toilet regulations are changing. Bay of Plenty Regional Council (BOPRC) are looking at new rules through a proposed plan change to the current On-Site Effluent Treatment Regional Plan and have prepared a joint statement for growers.
HorticultureNZ (HortNZ) and NZKGI continue to work with BOPRC to try and resolve the issues relating to ongoing use of pit latrines on orchards. HortNZ is hopeful that the rules of the proposed plan change relating to On-Site Effluent Treatment (OSET) are clear and are working hard to ensure this is the case. Until the plan change becomes operative, the rules of the current OSET Regional Plan still apply. This means that some pit latrines do not comply with the rules of that plan and are required to be upgraded or replaced.
To be permitted under the current plan, pit latrines need to meet several criteria which is listed below. If you don’t think that your pit latrine complies with these criteria, refer to the Technical Guideline document. This document outlines the type of toilets that can be installed as a permitted activity (no resource consent required) however a building consent may be required from your District Council. If pit latrines do not comply with current rules, then they will need to be upgraded or replaced by 1 December 2020 (flush to ground pit latrines) and 1 December 2022 (long drop pit latrines). All new or upgraded OSET systems must be designed by an approved OSET designer. A list approved designers can be found here.
To meet current rules, pit latrines need to be in an area where reticulated sewage is not available and be located at least:
If you think that your current pit latrine complies with these criteria, then no further action is required at this time however the current criteria may change under the proposed plan change.
Pit Latrines include both dry (long drop) and wet (flush to ground) systems
Reticulated sewage is a sewer pipe system that takes sewage to wastewater treatment plants