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
17-9 Lines, cables, pipelines and ropeways

The erection, placement, or extension of a line, cable, pipeline or ropeway in, on, under or over the bed^ of a river^ or lake^ pursuant to s13(1) RMA, and any ancillary:

  1. excavation, drilling, tunnelling or other disturbance of the bed^ of a river^ or lake^ pursuant to s13(1) RMA
  2. damming or diversion of water^ pursuant to s14(2) RMA
  3. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
  4. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).
Permitted
  1. The activity and any ancillary support structures^ must either:
    1. be wholly located over or under the bed^, or
    2. occupy no more than 20 m2 of the bed^.
  2. The activity must not take place in, on, under or over a reach of a river^ with a Schedule B Value of Natural State except for lines, cables and ropeways that are suspended over the water^ and do not require a support structure^ in, on, over or under the bed^ of the river^
  3. The activity must comply with the general conditions^ listed in Section 17.3.
  4. The activity must not take place in any rare habitat* or threatened habitat*.
 
17-10 Culverts

The erection, placement, or extension of a culvert in, on, under or over the bed^ of a river^ or lake^ pursuant to s13(1) RMA and any ancillary:

  1. excavation, drilling, tunnelling or other disturbance of the river^ or lake^ bed^ pursuant to s13(1) RMA
  2. damming or diversion of water^ pursuant to s14(2) RMA
  3. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
  4. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).
Permitted
  1. A new culvert must not be erected or placed in:
    1. a river^ or lake^ regulated under Rule 17-3
    2. a reach of a river^ with a Schedule B Value of Flood Control and Drainage, unless the work is undertaken by or on behalf of the Regional Council.
  2. Where multiple culverts are placed side by side, the total cross-sectional area of the multiple culverts must not be less than that of a single culvert which complies with this rule^
  3. The culvert, associated fill and culvert placement must comply with the following dimensions:
    1. a maximum culvert length of 20 m
    2. for circular culverts a culvert diameter of 0.3 m to 1.2 m (inclusive)
    3. for non-circular culverts a width and height of 0.3 m to 1.2 m each (inclusive)
    4. a maximum fill height of 2 m above the top of the culvert unless a spillway is constructed to enable the passage of a 200 year flood without the fill being overtopped
    5. a minimum culvert installation depth below the bed^ of 20% of the width of the culvert.
  4. The culvert must be positioned so that its alignment and gradient are the same as the river^
  5. The culvert must be constructed to allow:
    1. the flow from a 5% annual exceedance probability (20 year return period) flood event without overtopping, unless the overtopping flows to a specifically designed spillway
    2. the flow from a 2 year return period flood event without any flow impediment.
  6. The culvert inlet and outlet must be protected against erosion.
  7. All practicable steps must be used to minimise the release of sediment during construction.
  8. The culvert must be constructed and maintained to avoid any aggradation or erosion of the bed^.
  9. The culvert must be kept clear of accumulated debris.
  10. The activity must comply with the general conditions^ listed in Section 17.3.
  11. The activity must not take place in any rare habitat*, threatened habitat* or at-risk habitat*.
 
17-11 Other structures^ including bridges, fords and other access structures^

The erection, placement, or extension of any structure^ that is not regulated by any other rule^ in this chapter in, on, under or over the bed^ of a river^ or lake^ pursuant to s13(1) RMA and any ancillary:

  1. excavation, drilling, tunnelling or other disturbance of the river^ or lake^ bed pursuant to s13(1) RMA
  2. damming or diversion of water^ pursuant to s14(2) RMA
  3. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
  4. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).

Advice Note:

For the avoidance of doubt, this rule^ excludes the erection, reconstruction, placement, alteration, or extension of any dam in, on, under or over the bed^ of any river^ or lake^, within an artificial watercourse* or on land^. Dams are regulated by Rules 17-1, 17-3, 17-4, 17-5, 17-7 and 17-23.

Permitted
  1. A new structure^ must not be erected or placed in:
    1. a river^ or lake^ regulated under Rule 17-3
    2. a reach of a river^ with a Schedule B Value of Flood Control and Drainage, unless the work is undertaken by or on behalf of the Regional Council.
  2. For bridges and other access structures^, except fords and temporary bridges for military training purposes that are removed within 2 weeks of their erection, located in, on, under or over the bed^ of a river^ or lake^, the catchment area above the structure^ must be no greater than 200 ha.
  3. For all structures^ located in, on, under or over the bed^ of a river^ or lake^, the structure^ must occupy a bed^ area no greater than 20 m2 except for:
    1. whitebait* and maimai structures^ which must not exceed 5 m2
    2. fords which must occupy a bed^ area no greater than 40 m2
    3. temporary bridges for military training purposes that are removed within 2 weeks of their erection.
  4. The structure^ must be constructed and maintained to avoid any aggradation or scouring of the bed^ that may inhibit fish passage.
  5. The activity must comply with the general conditions^ listed in Section 17.3.
  6. The activity must not take place in any rare habitat*, threatened habitat* or at-risk habitat*.
 
17-12 Recording sites*

The erection, placement or extension of a device for the purposes of monitoring or recording river^ levels or quality in, on, under or over the bed^ of a river^ or lake^ pursuant to s13(1) RMA and any ancillary:

  1. excavation, drilling, tunnelling or other disturbance of the river^ or lake^ bed^ pursuant to s13(1) RMA
  2. damming or diversion of water^ pursuant to s14(2) RMA
  3. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
  4. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).
Permitted
  1. The device must occupy a bed^ area no greater than 20 m2.
  2. The device must be constructed and maintained* to avoid any aggradation or scouring of the bed^ that may inhibit fish passage.
  3. The device may divert up to 30 m³ of water^ per day for the purpose of measuring water^ quality or quantity, provided the water^ is returned to the water body^ within 50 m of the diversion point.
  4. The activity must comply with the general conditions^ listed in Section 17.3.
  5. The Regional Council must be informed in writing at least 10 working days^ prior to the commencement of the activity taking place.
  6. The activity must not take place in any rare habitat*, threatened habitat* or at-risk habitat*.
 
17-13 Bridges and culverts constructed to comply with Rules 14-1 to 14-4

The erection, placement or extension of a culvert or bridge in, on, under or over the bed^ of a river^ or lake^ pursuant to s13 RMA in order to comply with Rules 14-1 to 14-4 and any ancillary:

  1. excavation, drilling, tunnelling or other disturbance of the river^ or lake^ bed^ pursuant to s13(1) RMA
  2. damming or diversion of water^ pursuant to s14(2) RMA
  3. discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or 15(2A) RMA
  4. deposition of substances in or on the bed^ of the river^ or lake^ pursuant to s13(1).
Controlled
  1. The proposed activity is required in order to comply with Rules 14-1 to 14-4 but is unable to meet one or more of the conditions^ of Rules 17-5, 17-10 or 17-11.
  2. The activity must not take place in any rare habitat*, threatened habitat* or at-risk habitat*. Control is reserved over:

Control is reserved over:

  1. measures to avoid, remedy or mitigate the effects^ of any noncompliance with the conditions^ of Rules 17-5, 17-10 or 17-11
  2. duration of consent
  3. review of consent conditions^
  4. compliance monitoring
  5. the matters in Policy 14-9.

 

Rule Guide:

The discharge of contaminants into water or into or onto land, other than contaminants specifically identified in the rules, is regulated by the rules in Chapter 14.

Activities within rare habitats*, threatened habitats* or at-risk habitats* are regulated by Rules 13-8 and 13-9.