Chapter 18: Activities in the Coastal Marine Area

18.2.2 Rules

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The requirements specified in the Resource Management (National Environmental Standards for Freshwater) Regulations also apply, as rules, in addition to the following rules.  One Plan users must refer to the Regulations and they should be read in conjunction with the following rules.  Where there is conflict between the provisions of the Regulations and any of the following rules, the more stringent provision will apply.
 

Rule Activity Classification Conditions/Standards/Terms Control/Discretion Non-Notification
18-1
Occupation^ by
existing structures^		 The occupation^ of space^ in the CMA pursuant
to s12(2) RMA by any existing structure^ and
any ancillary damming or diversion of water^ in
the CMA pursuant to s14(1) or s14(2) RMA.		 Permitted    
18-2
Temporary
occupation^		 The temporary and exclusive occupation^ of
space^ in the CMA pursuant to s12(2) RMA for
the purposes of a special
event, and any ancillary surface water^ activity.
For the purposes of this rule^:
  1. “temporary” means not more than 3 days.
  2. a “special event” means an event organised by a person or group of people where, for commercial, safety, cultural or conservation purposes, controls need to be placed on public access.
 Permitted
  1. Where public access is restricted, a public notice^ must be lodged in a local newspaper at least 7 days before the event and signage must be erected on-site, both of which advertise the reasons for, extent and timing of the restrictions.
  2. The temporary and exclusive occupation^ must not disturb any nesting, roosting or breeding birds within any Protection Activity Management Area identified in Schedule I.
  
18-3
Occupation^ of
space^ by
aquaculture		 The occupation^ of space^ in the CMA pursuant
to s12(2) RMA by any aquaculture activity^
which is not otherwise restricted by Rule 18-4.		 Controlled
  1. The aquaculture activity^ must occur within an operative Aquaculture Management Area established in accordance with Policy 18-2.
 Control is reserved over:
  1. effects^ on navigation safety.
  2. effects^ on public access.
  3. effects^ on natural character.
  4. effects^ on historic heritage^.
  5. efficient use of the CMA.
  6. duration of consent.
  7. review of consent conditions^.
  8. compliance monitoring.
18-4
Exclusive
occupation^		 Any activity involving occupation^ of space^ in
the CMA pursuant to s12(2) RMA which:
  1. would exclude or effectively exclude public access from an area over 10 ha (except where such exclusion is required in commercial port areas for reasons of public safety or security).
  2. would effectively exclude the public from more than 316 m along the length of the foreshore^.
  3. would involve occupation^ or use of an area greater than 50 ha of the CMA and such occupation^ or use would restrict public access to or through such an area.
 Discretionary    
18-5
Occupation^ of
space^ in Protection
Activity Management
Area		 The occupation^ of space^ pursuant to s12(2)
RMA in any Protection Activity Management
Area as shown in Schedule I other than as
provided for by Rules
18-1, 18-2, 18-4, 18-8, 18-11, 18-24,
18-26, 18-27 and 18-31.		 Non-complying    

Rule Guide:

  1. Any occupation of the CMA that is not specifically regulated by any of the rules in this chapter or that does not comply with one or more conditions, standards or terms of a permitted or controlled activity rule, but which is not expressly classified as a discretionary, non-complying or prohibited activity is a discretionary activity under Rule 18-44.
  2. Any occupation relating to or impacting on safe navigation must also have approval from Maritime New Zealand.
  3. For any Aquaculture Management Areas reference should be made to the Guidelines for Aquaculture Management Areas and Marine Farms, Maritime New Zealand, 2005.
  4. Any activity covered by Rule 18-2 must also comply with relevant navigation safety requirements set out in The Manawatū River and Tributaries Navigation and Safety Bylaws 2010 or Part 91 of the Maritime Rules under the Maritime Transport Act 1994.

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