Chapter 18: Activities in the Coastal Marine Area

18.3.2 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
18-6
Maintenance* of
structures^
  1. Structures^: The maintenance* (excluding removal or demolition) of any lawfully established structure^ located in, on, under or over the foreshore^ or seabed pursuant to s12(1) RMA and any ancillary:
    1. disturbance of the foreshore^ or seabed pursuant to s12(1) RMA.
    2. deposition of natural marine substances on the foreshore^ or seabed pursuant to s12(1) RMA.
    3. discharge^ of water^ or contaminants^ into the CMA pursuant to s15(1) RMA. (iv) damming or diversion of water^ in the CMA pursuant to s14(1) or s14(2) RMA.
  2. Associated removal of foreshore^ or seabed material and plants: The removal of foreshore^ or seabed material or plants for the purpose of maintaining the functional integrity of a structure^ located in, on, under or over the foreshore^ or seabed (pursuant to s12(1) or s12(2) RMA), including flushing accumulated sediment, and any ancillary:
    1. damming or diversion of water^ in the CMA pursuant to s14(1) or s14(2) RMA.
    2. discharge^ of water^ or sediment into the CMA pursuant to s15(1) RMA.
    3. deposition of removed material or plants in or on the bed^ pursuant to s12(1) RMA.
    4. discharge^ of removed foreshore^ or seabed material or plants onto or into land^ in the CMA pursuant to s15(1) RMA.
 Permitted
  1. The activity must not increase the area of the foreshore^ or seabed, or the volume of the water^ column, occupied by the existing structure^.
  2. The activity must comply with the conditions^ listed in Table 18.1 for the relevant Value, other than condition 18-1(h).
  
18-7
Removal or
demolition of
structures^		 The removal or demolition of a structure^ or any
part of a structure^ located in, on, under or over
the foreshore^ or seabed pursuant to s12(1)
RMA and any ancillary:
  1. disturbance of the foreshore^ or seabed pursuant to s12(1) RMA.
  2. deposition of natural marine substances on the foreshore^ or seabed pursuant to s12(1) RMA.
  3. discharge^ of water^ or contaminants^ into the CMA pursuant to s15(1) RMA.
  4. damming or diversion of water^ in the CMA pursuant to s14(1) or s14(2) RMA.
 Permitted
  1. The activity must comply with the conditions^ listed in Table 18.1 for the relevant Value.
  2. The Regional Council must be informed in writing of the removal or demolition of any of the following structures^, at least 10 working days prior to the commencement of the removal or demolition:
    1. access structures^ in or on the foreshore^ or seabed, including bridges, culverts and fords;
    2. structures^ occupying more than 5 m2 of the foreshore^ or seabed.
  
18-8
Navigation aids,
lines, cables,
pipelines and
ropeways, whitebait*
stands and maimai		 The erection, reconstruction, placement,
alteration or extension of any navigation aid,
line, cable, pipeline, ropeway (but excluding any
such structure^ used for aquaculture purposes),
whitebait* stand, or maimai pursuant to s12(1)
RMA and any ancillary:
  1. occupation^ of the foreshore^ or seabed, pursuant to s12(2) RMA.
  2. disturbance of the foreshore^ or seabed pursuant to s12(1) RMA.
  3. deposition of natural marine substances on the foreshore^ or seabed pursuant to s12(1) RMA.
  4. discharge^ of water^ or contaminants^ into the CMA pursuant to s15(1) RMA.
  5. damming or diversion of water^ in the CMA pursuant to s14(1) or s14(2) RMA.
 Permitted
  1. Any whitebait* stand or maimai must not be located within the Port Activity Management Area.
  2. Any navigation aid must meet the requirements set out by Maritime NZ in New Zealand’s System of Buoys and Beacons (2005).
  3. The floor area of any whitebait* or maimai structure^ must not exceed 5 m2.
  4. The activity must comply with conditions (a), (e), (g), (i), (j), (l) and (m) listed in Table 18.1 for the relevant Value.
  
18-9
Structures^ in the
Port Activity
Management Area		 The erection, reconstruction, placement, or
alteration of any boat ramp, jetty, pontoon, or
boat mooring structure^ located within the Port
Activity Management Area as shown in
Schedule I pursuant to s12(1) RMA and any
ancillary:
  1. occupation^ of the foreshore^ or seabed, pursuant to s12(2) RMA.
  2. disturbance of the foreshore^ or seabed pursuant to s12(1) RMA.
  3. deposition of natural marine substances on the foreshore^ or seabed pursuant to s12(1) RMA.
  4. discharge^ of water^ or contaminants^ into the CMA pursuant to s15(1) RMA.
  5. damming or diversion of water^ in the CMA pursuant to s14(1) or s14(2) RMA.
 Controlled
  1. The erection, reconstruction, placement or alteration must have the prior written approval of the relevant manager of the port company operating within the Port Activity Management Area or the manager of the marina operating in the Port Activity Management Area.
  2. Any activity related to the marina must not extend beyond the existing area occupied as at 31 May 2007.
  3. The activity must comply with the conditions^ listed in Table 18.1 for the relevant Value.
 Control is reserved over:
  1. efficient use of space^ in the CMA.
  2. effects^ on water^ quality.
  3. extent of disturbance to the foreshore^ or seabed.
  4. the material to be used for the structure^.
  5. duration of consent.
  6. review of consent conditions^.
  7. compliance monitoring.
18-10
Wharf extension in
the Port Activity
Management Area		 The erection, reconstruction, placement,
alteration, or extension of any wharf structure^
pursuant to s12(1) RMA located within the Port
Activity Management Area as shown in
Schedule I, and any ancillary:
  1. occupation^ of the foreshore^ or seabed pursuant to s12(2) RMA.
  2. disturbance of the foreshore^ or seabed pursuant to s12(1) RMA.
  3. deposition of natural marine substances on the foreshore^ or seabed pursuant to s12(1) RMA.
  4. discharge^ of water^ or contaminants^ into the CMA pursuant to s15(1) RMA.
  5. damming or diversion of water^ in the CMA pursuant to s14(1) or 14(2) RMA.
 Permitted
  1. The activity must comply with the conditions^ listed in Table 18.1 for the relevant Value other than conditions 18.1(h) and (k).
  2. Any extension in length to the wharf must not be greater than 10% of the existing length of 570 m.
  3. There must be no extension in width to the existing wharf.
  4. The width of any extension referred to in (b) must be the same or a lesser width as the existing wharf.
  5. The design and materials used must be similar in nature and scale of effects^ to those used for the existing wharf structure^.
  6. The structure^ must be designed to withstand the effects^ of climate change^ and sea level rise*.
  7. The Regional Council must be notified at least 10 working days^ prior to commencement of any work.
  
18-11
Structures^ for
public access		 Except as otherwise regulated by Rule 18-13,
the erection, reconstruction, placement,
alteration or extension of any public walkway or
foot accessway structure^ pursuant to s12(1)
RMA, and any ancillary:
  1. occupation^ of space^ in the CMA pursuant to s12(2) RMA.
  2. disturbance of the foreshore^ or seabed pursuant to s12(1) RMA.
  3. deposition of natural marine substances on the foreshore^ or seabed pursuant to s12(1) RMA.
  4. discharge^ of water^ or contaminants^ into the CMA pursuant to s15(1) RMA.
  5. damming or diversion of water^ in the CMA pursuant to s14(1) or s14(2) RMA.
 Restricted
Discretionary		   Discretion is restricted to:
  1. public access and safety.
  2. effects on aesthetic values, amenity values^, natural character, indigenous flora and fauna and historic heritage^.
  3. the method of undertaking the activity.
  4. the timing and staging of the activity.
  5. duration of consent.
  6. review of consent conditions^.
  7. compliance monitoring.
18-12
Aquaculture
structures^		 The erection, reconstruction, placement,
alteration or extension of any structure^ for the
purpose of aquaculture pursuant to s12(1) RMA
and any ancillary:
  1. occupation^ of space^ in the CMA pursuant to s12(2) RMA.
  2. disturbance of the foreshore^ or seabed pursuant to s12(1) RMA.
  3. deposition of natural marine substances on the foreshore^ or seabed pursuant to s12(1) RMA.
  4. damming or diversion of water^ in the CMA pursuant to s14(1) or s14(2) RMA.
  5. discharge^ of water^ or contaminants^ into the CMA pursuant to s15(1) RMA.
 Controlled
  1. The activity must occur only within an operative Aquaculture Management Area established in accordance with Policy 18-2.
  2. The activity must comply with the conditions^ listed in Table 18.1 for the relevant Value.
 Control is reserved over:
  1. the type, quantity and frequency of any discharges^.
  2. any effects^ on navigation safety.
  3. the method of undertaking the activity.
  4. the timing and staging of the activity.
  5. duration of consent.
  6. review of consent conditions^.
  7. compliance monitoring.
18-13
Large structures^
which impound the
CMA, are parallel to
shore, or are oblique
or perpendicular to
shore		 Except as prohibited by Rule 18-16, the erection
of any structure^ pursuant to s12(1) RMA which:
  1. will impound or effectively contain 4 ha or more of the CMA; or
  2. is solid (or presents a significant barrier to water^ or sediment movement), and when established on the foreshore^ or seabed would extend 300 m or more in length more or less parallel to the line of MHWS including separate structures^ which total 300 m or more contiguously; or
  3. is solid (or presents a significant barrier to water^ or sediment movement), is sited obliquely or perpendicularly in horizontal projection to the line of MHWS in the CMA, and in horizontal projection is 100 m or more in length, including separate structures^ which total 100 m or more

contiguously.

For the avoidance of doubt this rule^ does not
include submarine or sub-aqueous cables.

 Discretionary    
18-14
Petroleum and
chemical storage		 Except as prohibited by Rule 18-16, any activity
involving the erection of a structure^ pursuant to
s12(1) RMA for the storage or containment of
any petroleum, petroleum products, or
contaminants^, in quantities greater than 50,000
litres.		 Discretionary    
18-15
Energy generation
structures^ in a
Protection Activity
Management Area		 Any activity within a Protection Activity
Management Area shown in Schedule I, which
involves the erection of any energy generation
structures^ pursuant to s12(1) RMA.		 Non-complying    
18-16
Structures^ in a
Protection Activity
Management Area		 Any activity within a Protection Activity
Management Area shown in Schedule I, which
involves the erection of any of the following
structures^ pursuant to s12(1) RMA:
  1. a structure^ for the storage or containment of petroleum products or contaminants^.
  2. a structure^ which will impound or effectively contain 4 ha or more of the CMA.
  3. a wharf, marina, boat shed, aquaculture structure^.
 Prohibited    

Rule Guide:

  1. Use and maintenance of structures: the above rules permit the on-going use and maintenance of structures once they are established (subject to any stated conditions). For structures requiring a consent, this means that consents can be granted for a short duration. The rules are intended to avoid the need for resource users to hold long-term consents enabling the use or upkeep of structures once they are established.
  2. Structures under s12 RMA that are not specifically covered by a rule in this chapter are a discretionary activity under Rule 18-44.
  3. Structures under s12 RMA that do not comply with the permitted or controlled rules and are not otherwise discretionary or prohibited are a discretionary activity under Rule 18-44.
  4. Structures may also require a building consent under the Building Act 2004.
  5. Any structure relating to or impacting on safe navigation must also have approval from Maritime New Zealand.
  6. For any aquaculture structure, reference should be made to the Guidelines for Aquaculture Management Areas and Marine Farms, Maritime New Zealand, 2005.

 

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