Appendix II

Auckland Regional Plan: Air, Land and Water (Relevant Provisions)

Auckland Regional Plan: Sediment Control (Relevant Provisions)

Proposted Auckland Regional Plan – Air, land and water

Section 2.1 – Natural Values

2.1.3 Objectives

2.1.3.1

To sustainably manage the quality and diversity of Auckland’s natural values by:

• Maintaining areas of high environmental quality;

• Remedying or mitigating adverse effects on degraded natural and physical resources where these cannot be avoided;

• Enhancing degraded areas where practicable.

2.1.3.2

To preserve the natural character of wetlands, lakes and rivers and their margins by protecting them from inappropriate use and development.

2.1.3.3

To protect significant indigenous terrestrial and aquatic vegetation and the significant habitats of indigenous fauna, both terrestrial and aquatic from inappropriate use and development.

2.1.4

Natural Character

2.1.4.1

The natural character of wetlands, lakes and rivers and their margins shall be preserved and protected from inappropriate use and development by avoiding where practicable, or remedying or mitigating, adverse effects on the qualities, elements and features that contribute to the natural character of these areas.

2.1.4.2

In assessing the actual or potential effects of use and development on the natural character of wetlands, lakes, rivers and their margins, particular regard shall be had to:

• Avoiding adverse effects on the natural character values of lakes and rivers which are predominantly in a natural state and that have a high natural character;

• Protecting appropriate remaining elements of natural character in those lakes and rivers that have been modified or developed.

2.1.4.3

When use and development gives rise to actual or potential adverse effects on the natural character of wetlands, lakes and rivers and their margins, where appropriate these effects shall be remedied or mitigated by restoration or rehabilitation of the natural character of these areas.

2.1.4.4

In determining whether any adverse effects on natural character can be remedied or mitigated by restoration and rehabilitation that is to be carried out, regard shall be had to:

• the extent to which the qualities and features of natural character in the area of the proposed use and development will be adversely affected, and the ability to restore or rehabilitate natural character in the area subject to the proposal;

• where restoration or rehabilitation is not practicable in the area subject to the proposal, the potential to mitigate any adverse effects by the rehabilitation or restoration of natural character in another area of wetland, lake or river and their margins;

• where restoration plantings are carried out, preference shall be given to the use of indigenous species with a further preference for local genetic stock.

Ecosystems and Habitats

2.1.4.5

The values and the ecological and physical processes of Natural Lake, Natural Streams and Wetland Management Areas shall be preserved or protected as appropriate by:

Avoiding inappropriate use and development which will result in more than minor modification of these values and processes;

Ensuring that as far as practicable, changes in the extent, quality and diversity of habitats in these areas arise only from the functioning of natural processes.

2.1.4.6

In other areas not identified in Policy 2.1.4.5 [5 above], the life-supporting capacity of ecosystems shall be safeguarded by avoiding as far as practicable, or remedying or mitigating, adverse effects.

2.1.4.7

Where areas of terrestrial indigenous vegetation and habitats of terrestrial indigenous fauna have been identified as being significant, the ARC will have regard to the adverse effects on the ecological values and significance of these areas, of land disturbance, the discharges of contaminants or other activities affecting water quality or quantity.

Section 2.2 Use and Development

2.2.3 Objectives

2.2.3.1

to enable appropriate use and development of air, land and freshwater resources, while recognising the characteristics, constraints and availability of these resources.

2.2.3.2

To manage the use and development of natural and physical resources in a sustainable, efficient and integrated manner that is not inconsistent with the strategic growth management provisions of the Auckland Regional Policy Statement and the Auckland Regional Growth Strategy.

2.2.3.3

To enable the use and development of air, land and water in a way that provides for the efficient use of land and supports increased urban densities within the Urban Areas.

2.2.3.4

To provide for the ongoing operation, maintenance, development and upgrading of physical infrastructure, in a manner that supports the economic, social and cultural wellbeing of the Region’s people and communities and provides for their health and safety, while avoiding, remedying or mitigating adverse effects on the environment.

To protect network utility infrastructure from inappropriate use and development.

2.2.3.6

To enable rural activities in rural areas, while avoiding, remedying or mitigating adverse effects.

2.2.3.7

To maintain and enhance the quality and amenity values of Auckland’s air, land and freshwater resources.

2.2.3.8

To maintain and enhance public access to, along and within lakes and rivers.

2.2.3.9

To protect the values of significant cultural heritage sites, buildings, places or areas from inappropriate use and development and to retain a diverse and representative range of cultural heritage resources.

2.2.3.5

2.2.4 Policies

Use and Development

2.2.4.1

Use and development of air, land and water within Urban Areas (the Metropolitan Urban Limits and rural and coastal settlements) is appropriate where:

it is consistent with the strategic directions of the Auckland Regional Policy Statement and the Auckland Regional Growth Strategy; and

adverse effects are avoided, remedied or mitigated.

2.2.4.2

The use, development, upgrading or maintenance of network utility infrastructure shall be considered appropriate where:

it is consistent with the strategic directions of the Auckland Regional Policy Statement; or

it is consistent with the Auckland Regional Growth Strategy; or

it is to improve environmental outcomes that result from the operation of this infrastructure; and

significant adverse effects on natural and physical resources are avoided, remedied or mitigated.

2.2.4.3

Resource consents for network utility infrastructure may be granted on a network wide basis where it can be demonstrated that:

it promotes integrated management of the infrastructure; and

the activity for which the consent is sought is generally consistent across the network; and

practical methodologies are available to avoid, remedy or mitigate adverse effects from the activity in all relevant circumstances; and

it is effective and efficient to grant a network wide consent.

2.2.4.4

Use and development of air, land and water shall avoid giving rise to reverse sensitivity conflicts, particularly in relation to effects on network utility infrastructure.

2.2.4.5

Use and development of air, land and water outside of Urban Areas is appropriate where:

it is necessary for rural production activities; or

it is for activities which require a rural location and which are consistent with the maintenance of rural character; or

it is for activities that are consistent with Policy 2.2.4.2; and

significant natural areas are protected consistent with Policies 2.1.4.1 to 2.1.4.8; and

significant adverse effects on natural and physical resources are avoided, remedied or mitigated.

The positive social, economic and cultural effects and benefits arising from any proposal for use and development shall be considered when assessing the overall effects of a proposal on air, land or water resources.

2.2.4.7

Cumulative adverse effects of new use and development of air, land and water bodies shall be avoided as far as practicable, or remedied or mitigated.

2.2.4.8

A precautionary approach shall be taken to proposals for use and development where there are potentially significant adverse effects, that cannot be fully assessed due to a lack of scientific or technical knowledge and where there is a threat of serious or irreversible harm to the environment.

In assessing any applications, the ARC or its agents may consent to an application and impose conditions that will ensure that the effects of the activity are avoided, remedied or mitigated. These conditions may include but are not limited to any or all of the following:

1. That consent conditions be reviewed in order to avoid, remedy or mitigate any adverse effects that may be generated by the activity; and
2. That the consent holder be required to regularly monitor the effects of any activity at an appropriate frequency; and
3. That bonds be imposed to ensure that any works or actions required by any consent are undertaken; and
4. That the duration of any consent is limited to a period that is appropriate to the circumstances.

2.2.4.9

Proposals to use or develop air, land or freshwater resources shall have regard to:

1. The relevant provisions of the Auckland Regional Policy Statement;
2. The relevant provisions of the Auckland Regional Plan: Coastal where the proposal may directly affect the coastal marine area;
3. The relationship between the use of air, land and freshwater and the provisions of district plans and other relevant resource management strategies;

2.2.4.10

Use and development shall be undertaken at times of the day, week or year which will avoid as far as practicable, or remedy or mitigate adverse effects on:

1. The growth and reproduction of terrestrial and aquatic vegetation and the feeding, breeding and migratory patterns of fauna, including bird roosting, nesting and feeding; and/or
2. Lawful recreational use of air, land and freshwater bodies; and/or
3. Other lawful established activities in the locality that are likely to be adversely affected by any proposal.

Amenity Values

2.2.4.11

In assessing applications for use and development, particular regard shall be had to the maintenance and enhancement of amenity values, including any effects on recreational use of air, land and water bodies.

2.2.4.13

Use and development that adversely affects public access to, along and within lakes and rivers shall be required to remedy or mitigate that effect. In assessing the effects on public access and the ability to remedy or mitigate adverse effects, regard shall be had to:

1. The nature, degree and scale of any restriction;
2. Whether the restriction is permanent or temporary and the length of the time public access is to be restricted;
3. The purposes for which access to and along the river or lake is required and options for reasonable alternative access;
4. Whether any remedy or mitigation of public access restriction is consistent with Policy 2.2.4.12 above.

2.2.4.14

Use and development of, air, land and freshwater shall consider any effects on sites, buildings, places or areas which have cultural heritage values and which are identified in the ARC’s Cultural Heritage Inventory, and should avoid where practicable, or remedy or mitigate, adverse effects on these resources.

2.2.4.15

In assessing applications for use and development which will adversely affect sites, buildings, places or areas identified in the ARC’s Cultural Heritage Inventory, regard shall be had to:

1. The significance of the historical or cultural values of the site, building, place or area including the relationships that people have with the site, building, place or area and to the extent to which these will be maintained;
2. The integrity of the site, building, place or area, including in the case of a structure its physical appearance, and the extent to which it will be maintained;
3. The ability to record the values by means of:
   • photographic and/or written record;
   • identification at or near the site by a plaque, sign or other method;
   • archaeological investigation and recording.
   • silent files

Section 2.3 Tangata Whenua

2.3.3 Objectives

2.3.3.1

To sustain the mauri of natural and physical resources in ways which enable provision for the social, economic and cultural wellbeing of Mäori.

2.3.3.2

To afford appropriate priority to the relationship of Tängata Whenua and their culture and traditions with their ancestral taonga when this conflicts with other values.

2.3.3.3

To involve Tängata Whenua in resource management processes in ways which:

1. Take into account the principles of the Treaty of Waitangi, including rangatiratanga;
2. Have particular regard to the practical expression of kaitiakitanga.

2.3.4 Policies

2.3.4.1

Sites and areas of special value to Tängata Whenua identified in -

1. Schedule Y of this Plan; or
2. Appendix B of the Auckland Regional Policy Statement; or
3. A district plan -
   shall be protected from inappropriate use and development that would cause adverse effects on the qualities, elements and features which contribute to the values of these sites and areas.

2.3.4.2

Sites and areas of special value to Tängata Whenua, which are not identified in accordance with Policy 2.3.4.1, shall be managed by avoiding where practicable, remedying or mitigating adverse effects on the qualities, elements and features which contribute to the values of these sites and areas, having regard to:

1. The significance of the site or area, taking into account:

   • Whether it is identified in any relevant Iwi planning document, recognised by an Iwi Authority;

   • Whether it is identified in the Auckland Conservation Management Strategy;

   • Whether it has been identified as being significant in any published archaeological or heritage report;

   • Whether it is identified as being significant by Tängata Whenua during consultation.

2. Whether any disturbance or modification would have significant or irreversible effects on the physical or cultural integrity of the site or area;

3. Whether the proposal will protect or enhance the cultural heritage, scientific, or amenity values of the site or area.

4. Physical or visual connections with other heritage sites or areas.

2.3.4.3

The use and enjoyment of marae, papakainga and associated customary uses of ancestral taonga shall be recognised and provided for.

In assessing the effects of use and development on marae, papakainga and associated customary uses of ancestral taonga, regard shall be had to:

1. Whether the proposal adversely affects the ability of local Iwi or Hapu to provide for their social, economic and cultural well-being;

2. Whether provision has been made to protect customary and traditional uses and enjoyment of, or access to, ancestral taonga.

2.3.4.4

Regional rules and decisions on resource consents which may affect matters of significance to Tängata Whenua, shall take into account the following:

1. Any relevant Iwi planning document recognised by an Iwi authority;

2. Measures required to address the issues specified in section 2.3.2.1;

3. The importance of Mäori customary, cultural, or traditional knowledge.

AUCKLAND REGIONAL PLAN – SEDIMENT

Chapter 5 – Regulation

5.1 Objectives

5.1.1

To maintain or enhance the quality of water in waterbodies and coastal water.

5.1.2

To sustain the mauri of water in waterbodies and coastal waters, ancestral lands, sites, waahi tapu and other taonga

5.2 Policies

5.2.1

Land disturbance activities which may result in the generation and discharge of elevated levels of sediment will be required to employ methods which avoid, remedy or mitigate adverse effects on the quality of water in waterbodies and coastal waters.

5.2.2

Land disturbance activities which may result in the discharge of elevated levels of sediment into waterbodies and coastal waters shall be considered inappropriate where they will have a significant adverse effect on:-

1. The qualities, elements and features which contribute to the natural character of areas of the coastal environment, (including the coastal marine area) wetlands, lakes and rivers and their margins; and which are identified in the Auckland Regional Policy Statement and the Auckland Regional Plan: Coastal as having outstanding or regionally significant ecological, landform, geological or landscape values.
2. Outstanding and regionally significant natural features and landscapes as identified in the Auckland Regional Policy Statement and the Auckland Regional Plan: Coastal.
3. Areas of significant indigenous vegetation and significant habitats of indigenous fauna as identified in the Auckland Regional Policy Statement and the Auckland Regional Plan: Coastal as having international, national and regional significance.
4. Areas of significance to Tangata Whenua as identified in the Auckland Regional Policy Statement and the Auckland Regional Plan: Coastal.
5. Areas identified by Tangata Whenua in accordance with Tikanga Maori as being of special spiritual, cultural and historical significance.
6. Unless the adverse effects can be avoided, remedied or mitigated.

Chapter 7 – Minimum Earthworks Strategies

7.1 Objectives

7.1.1

To reduce the exposure of land to the risk of surface erosion leading to sediment generation.

7.1.2

To minimise sediment discharge to the receiving environment.

7.2 Policies

7.2.1

The extent and duration of vegetation removal and earthworks will be minimised.

7.2.2

Strategies and initiatives which prevent and limit sediment generation from earthworks will be developed and implemented.