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Chapter 12: General Objectives and Policies

12.3 Policies

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Policy 12-1: Regional rules^ for restricted activities

For activities that are restricted under Part 3 of the RMA, pursuant to ss12(1), 12(2), 13(1), 13(2), 14(1), 14(2), 15(1) and 15(2A), regional rules^ must be adopted which:
  1. classify as permitted those activities that are unlikely to have more than minor adverse effects^ on the environment^, or are able to be managed through permitted activity^ conditions^ and do not require any site*-specific regulation by way of resource consents^;
  2. classify as controlled those activities that can have more than minor adverse effects^ on the environment^, but where the need for site*- specific management can be confined to a narrow list of matters that can be addressed by way of consent conditions^ on a consent that must be granted;
  3. classify as restricted discretionary those activities for which the Regional Council needs to retain its discretion to decline consent owing to the potentially significant level of adverse effects^, but it is possible to restrict the exercise of the Regional Council’s discretion to a specified list of matters;
  4. classify as discretionary those activities for which the Regional Council needs to retain its discretion to decline consent owing to the potentially significant level of adverse effects^, and it is not practicable to restrict the exercise of the Regional Council’s discretion to a specified list of matters;
  5. classify as non-complying those activities for which the Regional Council would generally not grant a resource consent^ owing to the potential for very significant adverse effects^ on the environment^;
  6. classify as prohibited those activities for which there is clear evidence that the activity is likely to have adverse effects^ that are so significant that they could not be adequately avoided, remedied or mitigated under any circumstances.

Policy 12-2: Regional rules^ for unrestricted activities

For activities that are allowed under
Part 3 of the RMA, pursuant to ss9(3), 12(3), 13(2) and 14(2) the Regional Council will intervene by way of regional rules^ only where:
  1. any such activity is likely to cause significant adverse effects^ on the environment^; and
  2. regional rules^ are the best means of addressing those adverse effects^.
For any rules^ adopted for these activities, activities will be classified in the same manner as that set out under Policy 12-1.


Policy 12-3: Conditions^, standards and terms in regional rules^

Regional rules^ must contain measurable and enforceable conditions^, standards and terms so that there is certainty for both resource users and other interested parties.


Policy 12-4: Consent conditions^
  1. The Regional Council will grant consents with conditions^ identified as necessary during the resource consent^ process, including conditions^ proposed by the applicant as a result of pre-application consultation agreements.
  2. In respect of (a) above, the Regional Council will draft consent conditions^ that ensure:
    1. the applicant is certain how compliance will be achieved and monitored;
    2. the conditions^ are specific to the activity being undertaken;
    3. the conditions^ are fair, reasonable and practical;
    4. the conditions^ are in plain English; and
    5. the conditions^ are enforceable.

Policy 12-5: Consent durations
  1. Other than as provided for under
  2. the Regional Council will generally grant resource consents^ for the term sought by the applicant unless reasons are identified during the consent process that make this inappropriate. (b) Resource consent^ durations for applications required under ss13, 14 and 15 of the RMA will generally be set to the next common catchment expiry date listed in Table 12.1. The dates listed in Table 12.1 show the initial expiry or review dates for consents within the catchment. Future dates for expiry or review of consents within that catchment must occur again every 10 years thereafter. Consents granted within three years prior to the relevant common catchment expiry date may be granted with a duration to align with the second common expiry date (that is the number of years up to the next expiry date plus 10 years). Dates may also be extended in 10 year increments where a term longer than 10 years can be granted after considering the following criteria:
    1. the extent to which an activity is carried out in accordance with a recognised code of practice, environmental standard or good practice guideline;
    2. the most appropriate balance between environmental protection and investment by the applicant;
    3. the provision of s128 review opportunities to enable matters of contention to be periodically reviewed in light of monitoring and compliance information; and
    4. whether the activity is infrastructure^; water^, sewage or stormwater treatment plants and facilities; or publicly accessible solid waste* facilities including landfills*, transfer stations and resource recovery facilities.
    For a consent which is granted for a duration longer than 10 years, review of the consent must occur, as a minimum, on the review date in Table 12.1 and every 10 years thereafter until consent expiry. Extra review dates may be set in accordance with Policy 12-6.
  3. Matters to be considered in determining a shorter consent duration than that requested under (a):
    1. whether it is necessary for an activity to cease at a specified time;
    2. whether the activity has effects^ that are unpredictable and potentially serious for the locality where it is undertaken and a precautionary approach is needed;
    3. the risks of long-term allocation of a resource whose availability changes over time in an unpredictable manner, requiring a precautionary approach; and
    4. in the case of existing activities, whether the consent holder has a good or poor compliance history in relation to environmental effects^ for the same activity.
Table 12.1  Common expiry/review dates for consents in Water Management Sub-zones*
 
Water Management Zone* Water Management Sub-zone* Expiry / review (1 July)
Upper Manawatū Upper Manawatū, Mangatewainui and Mangatoro 2011
Weber-Tamaki Weber-Tamaki and Mangatera 2011
Upper Tamaki Upper Tamaki 2011
Upper Kumeti Upper Kumeti 2011
Tamaki-Hopelands Tamaki-Hopelands, Lower Tamaki, Lower Kumeti, Oruakeretaki and Raparapawai 2011
Hopelands-Tiraumea Hopelands-Tiraumea 2011
Tiraumea Upper and Lower Tiraumea, Mangaone, Makuri and Mangaramarama 2010
Mangatainoka Upper, Middle and Lower Mangatainoka and Makakahi 2010
Upper Gorge Upper Gorge, Mangapapa, Mangaatua, Upper and Lower Mangahao 2013
Middle Manawatū Middle Manawatū, Upper, Middle and Lower Pohangina, and Aokautere 2013
Lower Manawatū Lower Manawatū, Turitea, Kahuterawa, Upper and Lower Mangaone Stream and Main Drain 2013
Oroua Upper, Middle and Lower Oroua, Kiwitea and Makino 2019
Coastal Manawatū Coastal Manawatū, Upper and Lower Tokomaru, Mangaore, Koputaroa and Foxton Loop 2018
Upper Rangitīkei Upper Rangitīkei 2017
Middle Rangitīkei Middle Rangitīkei, Pukeokahu-Mangaweka, Upper, Middle and Lower Moawhango, Upper and Lower Hautapu 2017
Lower Rangitīkei Lower Rangitīkei and Makohine 2017
Coastal Rangitīkei Coastal and Tidal Rangitīkei, Porewa and Tutaenui 2017
Upper Whanganui Upper Whanganui 2015
Cherry Grove Cherry Grove, Upper and Lower Whakapapa, Piopiotea, Pungapunga and Upper and Lower Ongarue 2015
Te Maire Te Maire 2015
Middle Whanganui Middle Whanganui, Upper and Lower Ohura and 2015
  Retaruke 2015
Pipiriki Paetawa 2015
Paetawa Paetawa 2015
Lower Whanganui Lower and Coastal Whanganui, Upokongaro and Matarawa 2015
Upper Whangaehu Upper Whangaehu, Tokiahuru, Waitangi 2009
Middle Whangaehu Middle Whangaehu 2009
Lower Whangaehu Lower Whangaehu, Upper and Lower Makotuku, Upper and Lower Mangawhero and Makara 2009
Coastal Whangaehu Coastal Whangaehu 2009
Turakina Upper and Lower Turakina and Ratana 2014
Ōhau Upper and Lower Ōhau 2012
Ōwahanga Ōwahanga 2016
East Coast East Coast 2016
Akitio Upper and Lower Akitio and Waihi 2016
Northern Coastal Northern Coastal 2012
Kai Iwi Kai Iwi 2012
Mowhanau Mowhanau 2012
Kaitoke Lakes Kaitoke Lakes 2014
Southern Whanganui Lakes Southern Whanganui Lakes 2014
Northern Manawatū Lakes Northern Manawatū Lakes 2014
Waitarere Waitarere 2014
Lake Papaitonga Lake Papaitonga 2014
Waikawa Waikawa and Manakau 2014
Lake Horowhenua Lake Horowhenua and Hōkio 2014
   

Policy 12-6: Consent review

In addition to the reasons specified in s128(1)(a)(i) and (ii) RMA, the Regional Council will, under s128(1)(a)(iii) RMA, generally impose consent conditions^ that specify a review of consent conditions^ during the term of the consent for:
  1. reviewing the appropriateness of any condition^ requiring the consent holder to supply the consent authority^ with information relating to the exercise of the resource consent^;
  2. reviewing any unknown or uncertain adverse effects^ caused as a result of planned or required changes or upgrades* to the activity;
  3. reviewing the conditions^ of a consent at the same time as review of other consents within the same Water Management Sub-zone* - for example, at a common catchment expiry or review date*; and
  4. reviewing the effectiveness of consent conditions^ to avoid, remedy or mitigate any adverse effects^ of the activity on the environment^.
The Regional Council will generally initiate reviews of conditions^ when monitoring results or other evidence demonstrate a review is required.


Policy 12-7: Sites* with multiple activities, and activities covering multiple sites*

For applications made to the Regional Council for either:
  1. a site* with a number of different activities requiring consent; or
  2. a particular type of activity that will be undertaken by the consent holder at a number of sites*,
consent applicants may combine some or all activities or sites* under umbrella consents. If the Council considers that such an approach is appropriate then it must establish consent conditions^, durations and review provisions which enable an integrated approach to be taken for managing environmental effects^ from the site* or activity as a whole. There may be circumstances where individual activities are considered at their given classification rather than the most stringent activity classification. There may also be circumstances where specific conditions^ are required to address site*-specific circumstances and effects^.


Policy 12-8: Enforcement procedures
  1. The Regional Council will generally use abatement notices^, infringement notices, enforcement orders^ or prosecution in response to non-compliance with this Plan or the RMA, unless an alternative approach will achieve a better outcome.
  2. In determining the type of enforcement tool to be used, the following factors will be taken into account:
    1. the environmental outcome or behaviour change required’
    2. the cause of non-compliance’
    3. the actual or potential scale of the adverse effects^;
    4. whether the non-compliance is due to an ongoing activity or an isolated incident;
    5. any proactive response by the person who has committed the offence;
    6. the person’s previous compliance history;
    7. whether urgent remedial action is required;
    8. which enforcement tool is most likely to produce the desired environmental outcome or change in behaviour; and
    9. any defences the person may rely upon.

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