Policy 15-1: Consent decision-making for agrichemicals*

When making decisions on resource consent^ applications and setting consent conditions^ for discharges^ of agrichemicals* that fail to meet either Rule 15-1 or Rule 15-2 (and which are therefore discretionary activities^), the Regional Council will have regard to:
  1. requiring compliance with Parts 2 and 5 of the NZS 8409:2004 Management of Agrichemicals,
  2. avoiding effects^ on human health,
  3. avoiding or mitigating any unreasonable prevention or reduction in access to adjoining properties* or public land* because of agrichemical* spraying,
  4. avoiding damage to non-target plants or animals, and
  5. preventing any discharge^ that is likely to adversely affect sensitive areas including, but not limited to:
    1. residential buildings,
    2. public places and amenity areas where people congregate,
    3. education facilities,
    4. public roads*,
    5. surface water bodies^,
    6. wāhi tapu*, marae and other sites* of significance to hapū* and iwi*,
    7. domestic, commercial and public water supply* catchments and intakes,
    8. rare habitats*, threatened habitats* and at-risk habitats*, and
    9. sensitive crops or farming systems (including certified organically farmed properties* and greenhouses).
  6. the matters in Policy 14-9.


Policy 15-2: Consent decision-making for other discharges^ into air

When making decisions on resource consent^ applications and setting consent conditions^ for discharges^ of contaminants^ into air, the Regional Council must have regard to:

  1. the objectives and policies of Chapter 7 including:
    1. the degree of consistency with the approach set out in Policy 7-1 for implementing the National Environmental Standards^  for ambient air* quality,
    2. the degree of compliance with the regional standards for ambient air* quality set out in Policy 7-2, and
    3. for discharges^ of fine particles, the approaches for managing fine particles (PM10*) in Policies 7-5, 7-6 and 7-7, and the likely contribution of the proposed discharge^ to cumulative adverse effects^ in an unacceptable airshed or degraded area as identified under these policies,
  2. the guidelines in Section 15.3 for managing noxious, dangerous, offensive and objectionable effects^,
  3. any national policy statements^, national regulations^, or nationally-accepted guidelines or codes of practice relevant to the activity, including the matters in Policy 14-9 for activities involving an ancillary discharge,
  4. the location of the discharge^ in relation to, and any associated effects^ on, sensitive areas including, but not limited to:
    1. residential buildings,
    2. public places and amenity areas where people congregate,
    3. education facilities,
    4. public roads,
    5. surface water bodies^,
    6. wāhi tapu*, marae and other sites* of significance to hapū* and iwi*,
    7. domestic, commercial and public water supply* catchments and intakes,
    8. rare habitats*, threatened habitats* and at-risk habitats*, and
    9. sensitive crops or farming systems (including certified organically farmed properties* and greenhouses),
  5. effects on scenic, landscape, heritage and recreational values,
  6. the appropriateness of adopting the best practicable option^ to prevent or minimise adverse effects^ in circumstances where:
    1. numerical guidelines or standards establishing a level of protection for a receiving environment^ are not available or cannot easily be established,
    2. insufficient monitoring data is available to establish the existing air quality with sufficient certainty, or
    3. the likely adverse effects^ are minor, and the costs associated with adopting the best practicable option^ are small in comparison to the costs of investigating the likely effects^ on air quality,
  7. the need for contingency measures to avoid accidental discharges^, including discharges^ arising from mechanical failure, and
  8. adverse effects^ on aircraft^ safety from high velocity vertical discharges^ to air.

Policy 15-3: Regional Rules^ for Air

The Regional Council must regulate discharges^ into air through regional rules^ in accordance with Objectives 12-1, 12-2 and 15-1 and Policies 12-1 to 12-8.

(a) requiring compliance with Parts 2 and 5 of the NZS 8409:2004 Management of Agrichemicals,

(b) avoiding effects^ on human health,

(c) avoiding or mitigating any unreasonable prevention or reduction in access to adjoining 
properties* or public land* because of
agrichemical* spraying,

(d) avoiding damage to non-target plants or animals, and

(e) preventing any discharge^ that is likely to adversely affect sensitive areas including, but not limited to:
    (i) residential buildings,
    (ii) public places and amenity areas where people congregate,
    (iia) education facilities,
    (iib) public roads*,
    (iii) surface water bodies^,
    (iv) wāhi tapu*, marae and other sites* of significance to hapū* and iwi*,
    (v) domestic, commercial and public water supply* catchments and intakes,
    (vi) rare habitats*, threatened habitats* and at-risk habitats*, and
    (vii) sensitive crops or farming systems (including certified organically farmed properties* and greenhouses).