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Chapter 13 : Land Use Activities, Indigenous Biological Diversity, and Natural Inland Wetlands*

13.3 Rules - Vegetation clearance*, land disturbance*, forestry* and cultivation* and indigenous biological diversity

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Advice notes:
The requirements specified in the Resource Management (National Environmental Standards for Freshwater) Regulations also apply, as rules, in addition to the following rules (including in relation to activities near surface water^ and natural wetlands*).  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.
 
The Resource Management (National Environmental Standards for Plantation Forestry) Regulations (NES-PF) protections for outstanding freshwater bodies, outstanding natural features and landscapes, significant natural areas, and Water Conservation Orders.
The NES-PF provides for protections for outstanding freshwater bodies (including the protection of significant areas identified as rare habitat*, threatened habitat* or at-risk habitat* in Schedule F of the One Plan), outstanding natural features and landscapes, significant natural areas, and water conservation orders [regulations 6, 11, 12, 14, 16, 17, 29, 43, 46, 68, 74, 78, 79, 81, 104, and Schedule 3].  Schedules or parts of schedules in the One Plan that meet the protections’ definitions and apply when assessing an activity under the NES-PF are:

 

NES-PF Protection Category Equivalent One Plan Schedule
Outstanding freshwater bodies


 		 Schedule B: Surface Water^ Management Values
   Natural State (NS) Value [Pages B17 - B20]
   Trout Fishery (TF) Value with Management Objective of “I: Outstanding”     [Pages B-51 - B60]

Schedule G: Regionally Outstanding Natural Features and Landscapes
  1. Whakapapa River and river valley, including all of the river catchment
(h)     Manganui o te Ao River and river valley, including the Makatote and Mangaturuturu Rivers and their valleys, the Waimarino and Orautoha Streams (but not the Waimarino and Orautoha valleys or the Ruatiti Stream or valley
Significant natural areas Schedule B: Surface Water^ Management Values
Sites of Significance – Aquatic (SOS-A) Value [Pages B 21 – B32]
Sites of significance – Riparian (SOS-R) Value [Pages B33 – B38]
Schedule F: Indigenous Biological Diversity – Whole schedule (Pages F1-F16)
Schedule G: Regionally Outstanding Natural Features and Landscapes
  1. Tongariro National Park
  2. Whakapapa River and river valley, including the river catchment
  3. Whanganui River and river valley, upstream of Aramoana
  4. Whanganui National Park
  5. Kaimanawa Ranges, in particular the skyline and the south-eastern side of the ranges
  6. Mount Aorangi – Awarua
  7. Manganui o te Ao River and river valley, including the Makatote and Mangaturuturu Rivers and their valleys, the Waimarino and Orautoha Streams (but not the Waimarino and Orautoha valleys or the Ruatiti Stream or valley)
  8. The Ruahine Forest Park (land administered by the Department of Conservation)
  9. The Tararua Forest Park (land administered by the Department of Conservation)
  10. The series of highest ridges and highest hilltops along the full extent of the Ruahine and Tararua Ranges, including within the Forest Parks described in items (j) and (k)
  11. Manawatu Gorge, from Balance Bridge to the confluence of the Pohangina and Manawatu Rivers, including the adjacent scenic reserve
Outstanding natural features or landscapes Regionally Outstanding Natural Features and Landscapes - Whole schedule (Pages G1-G4)
[Outstanding natural features or landscapes described in Schedule G will generally be mapped in the relevant District Plan]
Water Conservation Orders
  • National Water Conservation (Rangitikei River) Order 1993
  • National Water Conservation (Manganuioteao River) Order 1989
[See Ministry for the Environment website]


 
Rule Activity Classification Conditions/Standards/Terms Control/Discretion Non-Notification
13-1 Small-scale land disturbance*


 		 Except as regulated by Rules 13-6, 13-8 and 13-9, any land disturbance* pursuant to s9(2) RMA of a total area up to 2500 m2 per property* per 12-month period and any ancillary:
  1. diversion of water^ pursuant to s14(2) RMA on the land^ where the land disturbance* is undertaken, or
  2. discharge^ of sediment into water^ pursuant to s15(1) RMA resulting from the land disturbance*
 Permitted
  1. The activity must not take place on land^ that is within a coastal foredune*.
  2. Erosion and sediment control methods, which may include bunding, silt traps, interception drains or other alternative methods, to minimise sediment discharge^ to water^ must be installed prior to, and maintained during, the land disturbance* activity
  3. Any ancillary discharge of sediment into water^ must not, after reasonable mixing, cause the receiving water body^ to breach the water quality standards for visual clarity set out in Schedule E for that water body^.
  4. The activity must not occur on land^ that is in, or within 5 m of:
    1. the bed^ of a river^ that is permanently flowing,
    2. the bed^ of a river^ that is not permanently flowing and has an active bed* width greater than 1 m,
    3. the bed^ of a lake^.
  5. The activity must not occur on land^ that is in, or within 10 m of:
    1. A wetland^ as identified in Schedule F,
    2. Sites valued for Trout Spawning as identified in Schedule B,
    3. Sites of Significance - Aquatic as identified in Schedule B.
  
13-2 Large-scale land disturbance*, including earthworks Except as regulated by Rules 13-6, 13-8 and 13-9, any land disturbance* pursuant to s9(2) RMA of a total area greater than 2500 m2 per property* per 12-month period and any ancillary:
  1. diversion of water^ pursuant to s14(2) RMA on the land^ where the land disturbance* is undertaken, or
  2. discharge^ of sediment into water^ pursuant to s15(1) RMA resulting from the land disturbance*.
 Controlled
  1. The activity must not take place on land^ that is within a coastal foredune*
  2. The activity must be undertaken in accordance with an Erosion and Sediment Control Plan*.
  3. Any ancillary discharge^ of sediment into water^ must not, after reasonable mixing, cause the receiving water body^ to breach the water quality standards for visual clarity set out in Schedule E for that water body^.
  4. The activity must not occur on land^ that is in, or within 5 m of:
    1. the bed^ of a river^ that is permanently flowing,
    2. the bed^ of a river^ that is not permanently flowing and has an active bed* width greater than 1 m,
    3. the bed^ of a lake^.
  5. The activity must not occur on land^ that is in, or within 10 m of:
    1. A wetland^ as identified in Schedule F,
    2. Sites valued for Trout Spawning as identified in Schedule B,
    3. Sites of Significance - Aquatic as identified in Schedule B.
 Control is reserved over:

(a) the location, nature, scale, timing and duration of the activity

(b) Additional content of and the standard to which the Erosion and Sediment Control Plan* must be prepared, the implementation of the plan, and the timing of when it must be prepared and submitted

(c) the effects^ of the activity and associated sediment run-off on soil conservation, surface water* quality and aquatic ecology and the methods to be taken to avoid, remedy or mitigate them

(d) the provision of greater setback distances from water bodies^ than those specified under conditions (d) and (e) to provide greater protection to a water body^ if required

(e) duration of consent

(f) review of consent conditions^

(g) compliance monitoring

(h) the matters in Policy 14-9.

Resource consent^ applications under this rule^ will not be notified and written approval of affected persons will not be required (notice of applications need not be served^ on affected persons).  

Advice Note: Examples of alternative methods to avoid, remedy or mitigate sediment run-off can be found in Chapters 3-9 of the "Erosion and Sediment Control Guidelines for the Wellington Region” (September 2002).
13-3A Non-Plantation Forestry*

Advice Note: Plantation forestry is not regulated under this Rule.  Plantation forestry is regulated under the National Environmental Standards for Plantation Forestry (2017).  Please refer to the advice note below this rule for implementation advice.
 		 Except as regulated by Rule 13-8 and 13-9, any non-plantation forestry* pursuant to s9(2) RMA, and any ancillary:

(a) disturbance of the bed^ of a river^ or lake^ pursuant to s13(1) RMA by non-plantation forestry*, or

(b) diversion of water^ pursuant to s14(2) RMA on the land^ (but not within a river^) where the non-plantation forestry* is undertaken, or

(c) discharge^ of sediment or slash* into water^ or onto or into land^ that may enter water^ pursuant to s15(1) or 15(2A) RMA resulting from the non-plantation forestry*.		 Permitted
  1. The activity must not take place on land^ that is within a coastal foredune*
  2. Any earthworks, the formation of any new track* and any planting or replanting of non-plantation forestry* trees must not occur on land^ that is in, or within 5 m of:
    1. the bed^ of a river^ that is permanently flowing
    2. the bed^ of a lake^
    3. a rare habitat*, threatened habitat* or at-risk habitat*.
    unless the new track* or earthworks in (b)(i) or (b)(ii) is:
    1. necessary to connect to and from a formed river* crossing point that is a consented or permitted activity, and/or
    2. for the purpose of the maintenance* or upgrade* of an existing track* or earthwork.
  3. Any new planting of forestry* trees and associated formation of any new track* or earthworks must not occur on land* that is in, or within 10 m of wetland^ habitat types (including lakes^) as defined in Schedule F.
  4. Any earthworks or the formation of any new track* must not occur on land^ that is in, or within 10 m of a reach of a river^ or its bed^ with a Schedule B Value of Trout Spawning or Trout Fishery, unless the new track* or earthworks is:
    1. necessary to connect to and from a formed river* crossing point that is a consented or permitted activity, and/or
    2. for the purpose of the maintenance* or upgrade* of an existing track* or earthwork.
  5. If any rare habitat*, threatened habitat* or at-risk habitat* is present within 5 m of an area of non-plantation forestry* prior to undertaking harvesting an Operational Plan*, detailing measures taken to avoid or mitigate adverse effects^ on these areas, must be prepared and submitted to the Regional Council at least 48 hours prior to harvesting commencing and the Operational Plan* must be complied with.
  6. Any area of non-plantation forestry* that is harvested (other than firebreaks, tracks*, landing sites* or areas in (a) and (b)) must be planted or replanted to protect from erosion as soon as practicable and no later than 18 months from the date of the harvesting, unless the area is left to revegetate naturally.
  7. Water^ run-off controls must be installed and maintained for tracks* and landing sites*.
  8. Batters, cuts and side castings must be established by methods that prevent slumping.
  9. Felled vegetation must be felled away from and not be dragged through any water body^ other than where this is necessary to avoid endangering the health and safety of workers, or where it is unavoidable and is the best harvest method such as, but not limited to, hauling through corridors or butt extraction, and
    1. any discharge^ resulting from the activity must not, after reasonable mixing, breach the water quality standards for change in visual clarity identified for that water body^ set out in Schedule E, and
    2. the activity must not occur in a water body^ with a Trout Spawning Value identified in Schedule B during the trout spawning season (1 May to 30 September inclusive), and
    3. the activity must not occur in a water body^ greater than 5 m in width, and
    4. the activity must not occur in an area listed in (b) (iii).
  10. Harvesting must be planned and carried out so as to minimise the amount of slash* discharging^ into any area listed in (b)(i) and (ii) and entering any area listed in (b)(iii).
  11. Slash* must be removed from within areas listed in (b)(i) where it is blocking river^ flow, or is diverting river^ flow and causing bank erosion.
  12. Slash* associated with landing sites* and processing sites* must be placed on stable ground and contained to prevent accumulated slash from causing erosion or land instability.
  13. The use of mobile machinery in or on the bed^ of a river^ with a Schedule B Value of Trout Spawning in a manner that disturbs the bed^ of the active flowing channel must not take place during the trout spawning season (1 May to 30 September inclusive).
  14. The use of mobile machinery in or on the bed^ of a river^ with a Schedule B Value of Whitebait Migration in a manner that disturbs the bed^ of the active flowing channel must not take place 15 August to 30 November (inclusive).
  15. The activity must be undertaken in accordance with an Erosion and Sediment Control Plan* which must be submitted to the Regional Council upon request.
  16. Any discharge^ resulting from the activity must not, after reasonable mixing, breach the water quality standards for change in visual clarity identified for that water body^ set out in Schedule E.
  17. Regional Council must be notified at least 48 hours prior to the activity commencing.
  
13-3B Plantation forestry*
In addition to the regulations contained in the NES-PF, any plantation forestry* (including ancillary activities covered in the NES-PF) pursuant to s9(2) RMA, and any ancillary:
  1. disturbance of the bed^ of a river^ or lake^ pursuant to s13(1) RMA by plantation forestry*, or
  2. diversion of water^ pursuant to s14(2) RMA on the land^ (but not within a river^) where the plantation forestry* is undertaken, or
  3. discharge^ of sediment or slash* into water^ or onto or into land^ that may enter water^ pursuant to s15(1) or 15(2A) RMA resulting from the plantation forestry*.
 Permitted
  1. The activity (including afforestation, harvesting, earthworks or forestry quarrying, must not take place on land^ that is within a coastal foredune*.
  2. Any earthworks and the formation of any new track* must not occur on land^ that is in, or within 5 m of a rare habitat*, threatened habitat* or at-risk habitat*.
  3. Any new planting of forestry* trees and associated formation of any new track* or earthworks must not occur on land^ that is in, or within, 10 m of wetland^ habitat types (including lakes^) as defined in Schedule F.
  4. Felled vegetation must be felled away from not be dragged through a rare habitat*, threatened habitat* or at-risk habitat*.
  5. Harvesting must be planned and carried out so as to minimise the amount of slash* entering any rare habitat*, threatened habitat* or at-risk habitat*.
  6. Any discharge^ resulting from the activity (including planting, harvesting, earthworks and forestry* quarrying) must not, after reasonable mixing, breach the water^ quality standards for change in visual clarity identified for that water body^ set out in Schedule E.
  7. If any rare habitat*, threatened habitat* or at-risk habitat* is present within 5 m of an area of plantation forestry* prior to undertaking harvesting an Operational Plan*, detailing measures taken to avoid or mitigate adverse effects^ on these areas, must be prepared and submitted to the Regional Council at least 48 hours prior to harvesting commencing and the Operational Plan* must be complied with.
  8. The use of mobile machinery in or on the bed^ of a river^ with a Schedule B Value of Whitebait Migration in a manner that disturbs the bed^ of the active flowing channel must not take place during 15 August and 30 November (inclusive).
  

 
13-4 Cultivation* Except as regulated by Rules 13-6, 13-8 and 13-9, any cultivation* and ancillaryland disturbance* for the purposes of constructing erosion and sediment control methods to minimise sediment run-off into water^ pursuant to s9(2) RMA and any ancillary:
  1. diversion of water^ pursuant to s14(2) RMA on the land^ where the cultivation* is undertaken, or
  2. discharge^ of sediment into water^ pursuant to s15(1) RMA resulting from the cultivation* or the use of ancillary erosion and sediment control methods to minimise sediment run-off into water^.
 Permitted
  1. The activity must not take place on land^ that is within a coastal foredune*
  2. Bunding, silt traps, interception drains or other alternative methods to minimise sediment run-off to water^ must be installed prior to and maintained during cultivation*
  3. Any ancillary discharge^ of sediment into water^ must not, after reasonable mixing, cause the receiving water body^ to breach the water quality standards for visual clarity set out in Schedule E for that water body^.
  4. For vegetable crops listed within the Commodity Levies (Vegetables and Fruit) Order 2007 a paddock assessment must be undertaken in accordance with the Code of Practice for Commercial Vegetable Growing in the Horizons Region (Horticulture New Zealand) Version 2010/2.
  5. The activity must not occur on land^ that is in, or within 5 m of:
    1. the bed^ of a river^ that is permanently flowing,
    2. the bed^ of a river^ that is not permanently flowing and has an active bed* width greater than 1 m,
    3. the bed^ of a lake^.
  6. The activity must not occur on land^ that is in, or within 10 m of:
    1. A wetland^ as identified in Schedule F,
    2. Sites valued for Trout Spawning as identified in Schedule B,
    3. Sites of Significance - Aquatic as identified in Schedule B.
Advice Note: Examples of alternative methods for minimising sediment run-off can be found in the Code of Practice for Commercial Vegetable Growing in the Horizons Region (Horticulture New Zealand).		  
13-5 Vegetation Clearance* Except as regulated by Rules 13-6, 13-8 and 13-9, any vegetation clearance* pursuant to s9(2) RMA and any ancillary:

(a) diversion of water^ pursuant to s14(2) RMA on the land^ where the vegetation clearance* is undertaken,

(b) discharge^ of sediment into water^ pursuant to s15(1) RMA resulting from the vegetation clearance.		 Permitted (a) The activity must not take place on land^ that is within a coastal foredune*.

(b) Any ancillary discharge^ of sediment into water^ must not, after reasonable mixing, cause the receiving water body^ to breach the water quality standards for visual clarity set out in Schedule E for that water body^.

(c) The activity must not occur on land^ that is in, or within 5 m of:

(i) the bed^ of a river^ that is permanently flowing
(ii) the bed^ of a river^ that is not permanently flowing and has an active bed* width greater than 1 m
(iii) the bed^ of a lake^.

(d) The activity must not occur on land^ that is in, or within 10 m of:
(i) A wetland^ as identified in Schedule F (ii) Sites valued for Trout Spawning as identified in Schedule B		  
13-6 Specified vegetation clearance*, land disturbance* or cultivation* in a Hill Country Erosion Management Area* Pursuant to s9(2) RMA, except as regulated by Rule 13-8 and 13-9, any:

(a) land disturbance* of more than 100 m2 per property* per 12-month period, or

(b) vegetation clearance* of 1 ha or greater per property* per 12-month period where the age of the vegetation in the area to be cleared is greater than seven years, or

(c) cultivation*,

undertaken within a Hill Country Erosion Management Area* and any ancillary:

(a) diversion of water^ pursuant to s14(2) RMA on the land^ where the vegetation clearance*, land disturbance* or cultivation* is undertaken, or

(b) discharge^ of sediment into water^ pursuant to s15(1) RMA resulting from the vegetation clearance*, land disturbance* or cultivation*		 Restricted Discretionary
(a) The activity must not take place on land^ that is within a coastal foredune*.

(b) The activity must not occur on land^ that is in, or within 10 m of: 

(i) the bed^ of a river^ that is permanently flowing,
(ii) the bed^ of a river^ that is not permanently flowing and has an active bed* width greater than 1 m,
(iii) the bed^ of a lake^,
(iv) a wetland^ as identified in Schedule F,
(v) sites valued for Trout Spawning as identified in Schedule B,

(vi) Sites of Significance - Aquatic as identified in Schedule B.		 Discretion is restricted to:

(a) the location, nature, scale, timing and duration of the activity,

(b) effects^ of the activity and associated sediment run-off on soil conservation, surface water^ quality and aquatic ecology and the methods to be taken to avoid, remedy or mitigate them,

(c) the requirement to provide an Erosion and Sediment Control Plan*, the content of and standard to which the plan must be prepared, the implementation of the plan, and the timing of when it must be prepared and submitted,

(d) the provision of greater setback distances from water bodies^ than those specified under condition (b) to provide greater protection to a water body^ if required,

(e) the extent of non-compliance with the water quality target* for visual clarity set out in Schedule E,

(f) duration of consent,

(g) review of consent conditions^,

(h) compliance monitoring,

(i) the matters in Policy 14-9.

Resource consent^ applications under this rule^ will not be notified and written approval of affected persons will not be required (notice of applications need not be served^ on affected persons).

Advice Note: Examples of alternative methods to avoid, remedy or mitigate sediment run-off can be found in:

(a) Chapters 3-9 of the Erosion and Sediment Control Guidelines for the Wellington Region” (September 2002, and
(b) The Code of Practice for Commercial Vegetable Growing in the Horizons Region (Horticulture New Zealand).
13-7 Vegetation clearance*, land disturbance*, cultivation* or forestry* that does not comply with Rules 13-1 to 13-6 Except as regulated by Rule 13-8 and 13-9, any vegetation clearance*, land disturbance*, cultivation* or forestry* pursuant to s9(2) RMA that does not meet the conditions^, standards or terms of Rules 13-1, 13-2, 13-3A, 13-3B, 13-4, 13-5 or 13-6 and any ancillary:

(a) disturbance of the bed^ of a river^ or lake^ by forestry* authorised by those rules^ pursuant to s13(1) RMA

(b) diversion of water^ authorised by those rules^ pursuant to s14(2) RMA, or

(c) discharge^ of sediment or slash* authorised by those rules^ pursuant to s15(1) RMA.		 Discretionary    
13-8 Some activities within at-risk habitats* Except as regulated by Rules 14-5, 14-13, 14-24, 16-9, 17-2, 17-4, 17-5, 17-7 in relation to any existing small dam structure^, 17-14 and 17-15, any of the following activities within an at-risk habitat*:
  1. (a) vegetation clearance*, land disturbance* or cultivation* pursuant to s9(2) RMA
  2. (b) forestry* pursuant to s9(2) RMA that does not meet condition^, standard or term of Rule 13-3A(b)(iii) or Rule 13-3B(b) - (e) and (h)
  3. (c) the drilling, construction or alteration of any bore* pursuant to s9(2) RMA
  4. (d) activities restricted by s13(1) or s13(2) RMA in the beds^ of rivers^ or lakes^
  5. (e) the taking, using, damming or diverting of water^ pursuant to s14(2) RMA
  6. (f) discharge^ of water^ or contaminants^ into water^ or onto or into land^ pursuant to s15(1) or s15(2A) RMA.

This rule does not apply to activities described in paragraphs (a) to (f) where they are carried out for the purposes of protecting or enhancing the habitat, including the control of pest animals and pest plants.

 Discretionary    
13-9 Some activities within rare habitats* and threatened habitats Except as regulated by Rules 14-5, 14-13, 14-24, 16-9, 17-2, 17-4, 17-5, 17-7 in relation to any existing small dam structure^, 17-14 and 17-15, any of the following activities within a rare habitat*, threatened habitat*:
(a) vegetation clearance*, land disturbance* or cultivation* pursuant to s9(2) RMA
(b) forestry* pursuant to s9(2) RMA that does not meet condition^, standard or term of Rule 13-3A (b)(iii) or Rule 13-3B (b) - (e) and (h)
(c) the drilling, construction or alteration of any bore* pursuant to s9(2) RMA
(d) activities restricted by s13(1) or s13(2) RMA in the beds^ of rivers^ or lakes^ (e) the taking, using, damming or diverting of water^ pursuant to s14(2) RMA
(f) discharge^ of water^ or contaminants^ into water^ or onto or into land^ pursuant to s15(1) or s15(2A) RMA.

This rule does not apply to activities described in paragraphs (a) to (f) where they are carried out for the purposes of protecting or enhancing the habitat, including the control of pest animals and pest plants.		 Non-Complying;    

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