User Guide for existing regional rules and regulations

Abrasive Blasting (aka "sand blasting" and "water blasting")

Abrasive blasting used to be called "sand blasting" and "water blasting". The name change is not part of any "politically correct" movement. It's because sand and water are not the only blasting agents used these days.

Generally, the purpose of abrasive blasting is to remove old paint, rust and so on from things like bridges, swimming pools, boat hulls and so on. You can cause adverse effects on air quality whether you are "dry blasting" with sand or ground garnet, because very fine amounts of the blasting agent, and the blasted material, are discharged into the air. You can cause adverse effects on water quality and aquatic habitat if the thing you are blasting is near or over water, like a bridge, because bits of paint and other contaminants can fall into the water. Lead-based paint can harm creatures living in rivers or the coastal marine area.

Discharges to air are controlled in the Regional Air Quality Management Plan. Discharges to fresh water are controlled in the Regional Freshwater Plan. Discharges to coastal water are controlled in the Regional Coastal Plan.

Discharges to air

Rule 16 of the Regional Air Quality Management Plan permits wet abrasive blasting, from either mobile or stationary sources, provided conditions specified in the rule are met.

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit for dry abrasive blasting, from either mobile or stationary sources, and for wet abrasive blasting if the activity does not comply with the conditions in Rule 16. This is a discretionary activity.

Rule 65 of the Regional Coastal Plan permits the discharge of dust, particulate matter or other contaminants to air in the coastal marine area if the discharge is associated with the construction, maintenance, repair, alteration, or reconstruction of a structure and provided the conditions specified in the rule are met.

Rule 71 of the Regional Coastal Plan requires a coastal permit for the discharge of dust or other contaminants from an industrial or trade premises in the coastal marine area, unless the discharge is allowed by one of rules 63 to 67 or is specifically provided for in one of rules 68 to 70, or 72. This is a discretionary activity.

Rule 72 of the Regional Coastal Plan requires a coastal permit for the discharge of dust or other particles or contaminants to any Area of Significant Conservation Value in the coastal marine area, unless the discharge is allowed by one of rules 63 to 67 or is specifically provided for in one of rules 68 to 71. This is a non-complying activity.

Discharges to fresh water (rivers, lakes, artificial watercourses etc)

If you are blasting a bridge or any other structure near fresh water, Rule 5 of the Regional Freshwater Plan requires a discharge permit to discharge any contaminant to any freshwater, unless the discharge is allowed by Rule 1 (discharges of water and minor contaminants), or Rule 2 (discharges of stormwater). This is a discretionary activity. If the discharge is to specified wetlands or water bodies being managed in their natural state, this is a non-complying activity in accordance with Rule 6.

Discharges to coastal water (estuaries, harbours, bays and beaches)

If you are blasting a structure or boat over or near coastal water, and the discharge is to an Area of Significant Conservation Value in the coastal marine area, a coastal permit is required under Rule 59 of the Regional Coastal Plan. This is a non-complying activity.

If the discharge is not to an Area of Significant Conservation Value in the coastal marine area, a coastal permit is required under Rule 61 of the Regional Coastal Plan. This is a discretionary activity.

The word "agrichemical" was made up to describe the many kinds of pesticides used in the agricultural industry (herbicides, insecticides, fungicides and so on). The application of agrichemicals, especially in liquid or powder form, can result in losses from the target area. Such losses are collectively described as "drift". Off-target drift can contaminate water, and can kill, damage or contaminate neighbouring crops, gardens and non-target species.

Control of off-target drift is scattered through different pieces of legislation, including the Pesticides Act and regulations, the Health Act and the Resource Management Act. The New Zealand Agrichemical Education Trust prepared the Code of Practice for the Management of Agrichemicals for Standards New Zealand (NZS 8409:1999). The aim of the Code is to ensure that people follow responsible, safe, and effective practices when using and storing agrichemicals, with minimal adverse impact on human, environmental and animal health. We encourage all people who store and use agrichemicals to follow the practices advised in the Code.

Agrichemical application as powders and sprays, such as 2,4,D, as either a land based or aerial discharge, is controlled in the Regional Air Quality Management Plan. Agrichemical application as solids or pastes, such as 1080, as either a land based or aerial discharge, is controlled in the Regional Plan for Discharges to Land. Direct discharge of agrichemicals into water are controlled in the Regional Freshwater Plan.

Discharges to air

Rule 1 of the Regional Air Quality Management Plan permits land based spray or powder application of agrichemicals on domestic properties, trade and industrial premises, and in public and rural areas, subject to conditions specified in the rule.

Rule 2 of the Regional Air Quality Management Plan permits the aerial application of agrichemical sprays and powders, subject to conditions stated in the rule. These conditions are more extensive than those required for compliance with Rule 1.

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit for land-based or aerial applications of agrichemicals that do not comply with the conditions of Rule 1 or Rule 2. This is a discretionary activity.

Discharges to land

Rule 16 of the Regional Plan for Discharges to Land permits the discharge of pesticides as solids or pastes by land based application methods, provided the discharge complies with conditions stated in the rule.

Rule 17 of the Regional Plan for Discharges to Land requires a discharge permit for discharges of pesticides as solids or pastes by aerial application methods. This is a controlled activity.

Rule 2 of the Regional Plan for Discharges to Land requires a discharge permit for discharges of pesticides as solids or pastes by land-based or aerial application methods if the discharge does not comply with the conditions in Rule 16, or the standards in Rule 17. This is a discretionary activity.

Discharges to fresh water

Rule 5 of the Regional Freshwater Plan requires a discharge permit for the discharge of agrichemicals into water. This is a discretionary activity.

Discharges to the coastal marine area

Rule 61 of the Regional Coastal Plan requires a coastal permit to discharge any contaminant or water onto land or into water in the coastal marine area, outside any Area of Significant Conservation Value, unless the activity is allowed or provided for by another rule. This is a discretionary activity. Note: no other rule allows or provides for discharges of agrichemicals to water in the coastal marine area.

Rule 62 of the Regional Coastal Plan requires a coastal permit to discharge any contaminant or water onto land or into water in the coastal marine area, within any Area of Significant Conservation Value, unless the activity is allowed or provided for by another rule. This is a non-complying activity. Note: no other rule allows or provides for discharges of agrichemicals to water in the coastal marine area.

Agricultural effluent is a term that includes wastewater and washdown from dairysheds, piggeries and other places where livestock are kept in large numbers. In our regional plans, agricultural effluent is defined as "treated and untreated effluent collected during the management of livestock".

Disposal of effluent collected from livestock is controlled in our regional plans because it can result in pollution of land, water, and air (by spray droplets). Rules about agricultural effluent disposal apply only when a person discharges the effluent, for example after hosing down the milking parlour or emptying out the piggery pens. The rules do not apply to discharges from the animals themselves!

Dairy InSight have a manual  Dairying and the Environment - Managing Farm Dairy Effluent (PDF 50 KB) . The manual was prepared to help dairy farmers and farm management specialists with the practical, effective, safe and legal management of farm dairy effluent. They also have information covering Waste Management, Soils, Nutrient Management, Irrigation, Feedpad & Standoff Facilities, Farm Tracks & Races, Chemical Storage & Disposal.

Using or discharging composted agricultural effluent is not restricted under any regional plan, and is allowed as of right provided there is no consequential discharge to water. However, if the compost contains any human faecal matter it cannot be discharged to land or water without a discharge permit (see Sewage Treatment and Disposal).

The discharge of artificial fertiliser, such as super phosphate, onto or into land is a Permitted Activity (Rule 12 of the Regional Plan for Discharges to Land). If the fertiliser contains any human faecal matter it cannot be discharged to land or water without a discharge permit (see Sewage Treatment and Disposal).

Discharges of agricultural effluent to land are controlled in the Regional Plan for Discharges to Land. Discharges to fresh water are controlled in the Regional Freshwater Plan. Discharges to air are controlled in the Regional Air Quality Management Plan.

Discharges to land

Rule 13 Your Link of the Regional Plan for Discharges to Land requires a discharge permit for discharges into or onto land of agricultural effluent from dairy sheds, piggeries, poultry farms, and other premises where livestock are kept. This is a controlled activity. Discharges of factory farm effluent to land require an air discharge permit as well. See "discharges to air" below.

Rule 2 of the Regional Plan for Discharges to Land requires a discharge permit for discharges of agricultural effluent that do not comply with the standards in Rule 13. This is a discretionary activity discretionary activity.

Discharges to air

Rule 4 of the Regional Air Quality Management Plan permits discharges of contaminants to air from the management, treatment and disposal of agricultural effluent, provided the discharge complies with conditions stated in the rule. This rule does not apply to discharges from factory farms.

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit for any discharge of agricultural effluent that does not comply with the conditions in Rule 4, for the management of factory farm effluent, and for discharges to air from buildings at factory farms used to house animals. This is a discretionary activity.

Discharges to fresh water

Rule 5 of the Regional Freshwater Plan requires a discharge permit to discharge agricultural effluent to water. This is a discretionary activity.

Boat sheds are normally used to store boats and their associated paraphernalia. But in the Wellington Region, many people have set up home in their sheds to better enjoy coastal life. In the past this practice was low key and councils tended to turn a blind eye to it. But there are not a lot of coastal areas around Wellington and Porirua that are suitable to launch boats from so, by the 1990s, residential use of boat sheds had started to squeeze out the number of boat sheds available for storing boats.

Any sort of building on the foreshore restricts public access to and along that piece of coast. This is contrary to the principles of the Resource Management Act. On top of that, most boat sheds don't have toilets connected to a sewer. The Council now requires resource consents from people wanting to stay in their boat sheds, and is taking enforcement action against those people who break the rules.

The use, development and occupation of any structure (including boat sheds) anywhere in the coastal marine area is controlled in the Regional Coastal Plan. Discharging contaminants to the coastal marine area is also controlled in the Regional Coastal Plan. The words foreshore and water are defined in the Resource Management Act.

Rules about boat sheds and activities related to boat shed use

Rule 27 of the Regional Coastal Plan requires a coastal permit to use any boat shed for residential purposes, or to use any boat shed for non-water based activities that do not require a coastal location. This is a non-complying activity. The Council cannot grant a consent for living in a boat shed if that would be contrary to the objectives and policies in the plan. Policy 6.2.11 (below)is particularly relevant to boat shed use.

Rule 6 of the Regional Coastal Plan permits the maintenance, repair, replacement, extensions, additions and alterations to a structure (including a boat shed) that lawfully existed on 29 June 1994 and is fixed in, on, under, or over any foreshore or seabed, including any associated disturbance of the foreshore or seabed, provided the activity complies with conditions stated in the rule.

Rule 7 of the Regional Coastal Plan permits the removal or demolition of any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed, provided the activity complies with conditions stated in the rule.

Rule 58 and Rule 60 of the Regional Coastal Plan require a coastal permit to discharge human sewage onto land or into water in the coastal marine area. Outside any Area of Significant Conservation Value this is a discretionary activity. Within any Area of Significant Conservation Value this is a non-complying activity.

Policy 6.2.11 of the Regional Coastal Plan

To prevent the use of boat sheds for residential habitation and for activities which are not associated with the coastal marine area.

Explanation. The residential use and other commercial activities such as offices, restaurants, etc., of boat sheds in the Porirua and Pauatahanui Inlet areas of Porirua Harbour, and at Titahi Bay has been a source of concern over a number of years. Boat sheds are a limited coastal resource and their continued use for water related activities is a sustainable use of this limited resource. Non-water related activities may have significant adverse environmental effects and create demands for carparking, water supply and waste disposal, and also raise other issues such as noise and loss of amenity and character. Accordingly, residential and non-water related activities are considered inappropriate uses of boat sheds.

People generally put down bores and wells so they can get to groundwater. But they also drill underground so they can sample the rock types or find bedrock for their foundations. Drilling a bore into shallow groundwater doesn't generally cause significant adverse effects unless the bore is not sealed well in which case pollutants travel down the sides of well into groundwater.

In some areas in the region, like the Hutt Valley, the groundwater flows in gravels underneath confining layers of silt and clay. Water in these deeper aquifers is held under pressure (artesian) and if the confining layers of soil above them are punctured with too many holes the aquifer can lose pressure.

The rule controlling bore and well drilling is in the Regional Freshwater Plan. Being allowed to construct a bore does not automatically allow you to take water. In the Lower Hutt Groundwater Zone a water permit is required to take any water. Everywhere else, you need a water permit to take more than 20,000 litres a day (see water takes below). The term bore is defined in the Regional Freshwater Plan.

Rules about bores, wells and drilling

Rule 10, Rule 11, Rule 12, Rule 13 and Rule 14 of the Regional Freshwater Plan were deleted by Plan Change 1 to the Regional Freshwater Plan.

Rule 15 of the Regional Freshwater Plan requires a land use consent to drill a bore anywhere in the Region. This is a discretionary activity. This rule was changed by a Plan Change notified on 9 February 2002.

Whether it's a footbridge over the stream at the bottom of the garden, or a rail bridge over the Hutt River, structures over rivers have to be authorised by the Regional Council, either by a land use consent or a regional rule. This is because bridges make flooding worse if they are built without enough room for flood flows to pass underneath. And because bridge piers can contribute to bank erosion if they are too close to river banks and steer the river flow into the bank.

All structures over the beds of rivers and lakes are controlled in the Regional Freshwater Plan. All structures over river estuaries and other coastal water are controlled in the Regional Coastal Plan.

Bridges and other structures over rivers and lakes

Rule 22 of the Regional Freshwater Plan permits the maintenance, repair, replacement, extension, addition to, or alteration of any existing lawful structure provided the activity complies with the conditions stated in the rule. An "existing" structure is one that existed on 25 January 1997 (the date the Proposed Plan was publicly notified).

Rule 25 of the Regional Freshwater Plan permits the placement and use of any river crossing (including any culvert, weir, ford or small bridge) that is fixed in, on, under, or over the bed of any intermittently flowing river or stream provided the activity complies with the conditions stated in the rule.

Rule 31 of the Regional Freshwater Plan permits the erection and maintenance of bridges over rivers if they are less than six metres long and provided the activity complies with the conditions stated in the rule.

Rule 43  of the Regional Freshwater Plan requires a land use consent to maintain, repair, replace, extend, add to, or alter any existing lawful structure not allowed as a permitted activity by Rule 22. This is a controlled activity provided the standards and terms in the rule are met.

Rule 47 of the Regional Freshwater Plan requires a land use consent to place and use any bridge, culvert, weir, or ford across any river, except the mainstema of rivers specified in the rule. This is a controlled activity provided the standards and terms in the rule are met.

Rule 49 of the Regional Freshwater Plan requires a land use consent for any activity that is not allowed by Rule 22, 25, or 31, or that doesn't meet the standards of Rule 43 or 47. This is a discretionary activity.

Bridges and other structures over the coastal marine area, including river estuaries

Rule 6 of the Regional Coastal Plan permits the maintenance, repair, replacement, extension, addition to, or alteration of any existing lawful structure provided the activity complies with the conditions stated in the rule. An "existing" structure is one that existed on 29 June 1994 (the date the Proposed Plan was publicly notified).

Rule 13 of the Regional Coastal Plan requires a coastal permit to maintain, repair, replace, extend, add to, or alter any existing lawful structure that is not allowed by Rule 6. An "existing" structure is one that existed on 29 June 1994 (the date the Proposed Plan was publicly notified). This is a controlled activity provided the standards and terms in the rule are met.

Rule 25  of the Regional Coastal Plan requires a coastal permit to use or develop a structure outside any Area of Significant Conservation Value and not specifically provided for in Rules 6 to 24, Rules 26 or 27. This is a discretionary activity.

Rule 26 of the Regional Coastal Plan requires a coastal permit to use or develop a structure inside any Area of Significant Conservation Value and not specifically provided for in Rules 6 to 25, Rules 26 or 27. This is a non-complying activity.

As the name suggests, cleanfills can only accept clean "non-polluting" waste. This means that material like concrete, dirt, bitumen and some construction rubble is ok. Materials like household rubbish, old timber, car wrecks, reinforcing steel or corrugated iron is not ok. Non-clean waste must be disposed of at a landfill.

Cleanfill operations don't have problems with leachate, landfill gas, odour, rats and so on. This means that, provided they only accept clean waste, the Regional Council doesn't require any resource consent for them to operate. Landfills must have site-specific management plans and the Regional Council requires them to make sure that contaminants in the waste do not leak out and pollute the environment, or affect people's health.

Cleanfills are controlled in the Regional Plan for Discharges to Land. Discharges of dust associated with cleanfills are controlled in the Regional Air Quality Management Plan. The deposition of material in rivers and lakes is controlled in the Regional Freshwater Plan. The deposition of material in the coastal marine area is controlled in the Regional Coastal Plan.

The Ministry for the Environment prepared a guide to the management of cleanfills in January 2002. This can be downloaded from their website.

Discharges to land

Rule 1 of the Regional Plan for Discharges to Land permits the discharge of cleanfill to land provided no contaminant from the discharge will enter water.

Rule 2 requires a discharge permit to discharge any contaminant to land unless the discharge is allowed by Rule 1. This is a discretionary activity.

Rule 9 of the Regional Plan for Discharges to Land permits domestic and farm landfills, rubbish dumps and tips provided they comply with the conditions in the rule.

Rule 10 of the Regional Plan for Discharges to Land requires a discharge permit for discharges of waste that is not cleanfill, and not allowed by Rule 9. This is a discretionary activity.

Discharges to air

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit for all waste transfer stations, and landfills that do not comply with the conditions in Rule 21. This rule also applies to cleanfill operations. This is a discretionary activity.

Deposition in, on or under rivers and lakes

Rule 49 of the Regional Freshwater Plan requires a land use consent to deposit any substance in, on or under the bed of a river or lake. This is a discretionary activity.

Deposition in, on or under the foreshore or seabed

Rule 47 of the Regional Coastal Plan requires a coastal permit to deposit any substance in, on or under the foreshore or seabed of the coastal marine area within any Area of Significant Conservation Value. This is a non-complying activity.

Rule 48 of the Regional Coastal Plan requires a coastal permit to deposit any substance in, on or under the foreshore or seabed of the coastal marine area outside any Area of Significant Conservation Value. This is a discretionary activity.

Culverts built to channel a river under a road disturb the bed of the river and so are controlled by the Council. Culverts for artificial watercourses do not disturb in the bed of a river, and are not controlled by the Council. These culverts may be controlled by territorial authorities in their district plans.

All activities in the beds of rivers and lakes are controlled in the Regional Freshwater Plan. This includes building culverts, fords and weirs over, under or on the bed of a river or lake.

Culverts, weirs, and fords in river and lake beds

Rule 49 of the Regional Freshwater Plan requires a land use consent for all river crossings and lake crossings unless they are allowed by Rule 22, 25, 31, or 35 or meet the standards of Rule 43 or 47. This is a discretionary activity.

Rule 22 of the Regional Freshwater Plan permits the maintenance, repair, replacement, extension, addition to, or alteration of any existing lawful structure or any part of an existing lawful structure that is fixed in, on, under, or over the bed of any river or lake, provided the activity complies with conditions stated in the rule. An "existing" structure is one that existed on 25 January 1997 (the date the Proposed Plan was publicly notified).

Rule 25 of the Regional Freshwater Plan permits the placement and use of any river crossing that is fixed in, on, under or over the bed of any intermittently flowing river or stream, provided the activity complies with conditions stated in the rule. This Rule allows a culvert, weir, ford or bridge across the stream. It does not allow the enclosing of a stream within a culvert that is not a river crossing, and it does not allow river crossings that dam the river.

Rule 43 of the Regional Freshwater Plan requires a land use consent to maintain, repair, replace, extend, add to, or alter any existing lawful structure or any part of any existing lawful structure that is fixed in, on, under, or over the bed of any river or lake, unless the activity is allowed by Rule 22. This is a controlled activity, provided the activity complies with standards and terms stated in the rule. An "existing" structure is one that existed on 25 January 1997 (the date the Proposed Plan was publicly notified). If any standard is exceeded, the activity is controlled by Rule 49 (see above).

Rule 47 of the Regional Freshwater Plan requires a land use consent to place and use any culvert, weir, or ford that crosses any river or stream unless the crossing is allowed by Rule 25 or 31. Some rivers are specifically excluded from this rule. This is a controlled activity, provided the activity complies with standards and terms stated in the rule. If any standard is exceeded, the activity is controlled by Rule 49 (see above). Rule 47 controls building culverts, weirs, fords and bridges across the stream. It does not provide for enclosing streams within a culvert that is not a river crossing. These require a land use consent under Rule 49.

The term "earthworks" includes many kinds of soil disturbance. Digging up and removing large amounts of soil, or simply moving it around can

• affect land stability
• accelerate erosion,
• and have adverse effects on water quality when soil is washed into rivers, lakes, or estuaries.

Territorial authorities are responsible for controlling the effects of the use and development of land. This includes controlling the effects of soil disturbance. Regional councils are responsible for controlling the use of land for the purpose of soil conservation, and for the purpose of maintaining and enhancing water quality, and water quantity.

To avoid unnecessary duplication, the Wellington Regional Council is only controlling large scale soil disturbance on steep land. These activities are controlled in the Regional Soil Plan. Any other activities involving earthworks are controlled by district rules in district plans. For a discussion of soil disturbance done in accordance with conditions on a subdivision consent issued by a territorial authority, see Subdivision.*

Rule 1 of the Regional Soil Plan requires a land use consent for soil disturbance associated with formation or upgrade of roads and tracks, including skid sites and access ways (see the definition of roading and tracking**). The rule only applies if the activity exceeds particular thresholds related to batter height and length of road stated in the rule. If the activity does not exceed those thresholds, no land use consent is required from the Regional Council, although a land use consent may be required from the relevant territorial authority. This is a restricted discretionary activity.

Rule 2 requires a land use consent for soil disturbance on erosion prone land, other than soil disturbance associated with roading and tracking activities, and other than soil disturbance already authorised by a subdivision consent. The rule only applies if the activity exceeds particular thresholds stated in the rule. If the activity does not exceed those thresholds, no land use consent is required from the Regional Council, although a land use consent may be required from the relevant territorial authority. This is a restricted discretionary activity.

*Subdivision is defined in section 218 of the Resource Management Act as follows. (1) In this Act, the term "subdivision of land" means - (a) The division of an allotment - (i) By an application to a District Land Registrar for the issue of a separate certificate of title for any part of the allotment; or (ii) By the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or (iii) By a lease of part of the allotment which, including renewals, is or could be for 20 years or longer[; unless that part of the allotment is in the coastal marine area, and that lease is allowed for a term of 20 years or longer by a coastal permit or by a rule in a regional coastal plan; or] (iv) By the grant of a company lease or cross lease in respect of any part of the allotment; or (v) By [the deposit of a unit plan, or] an application to a District Land Registrar for the issue of a separate certificate of title for any part of a unit on a unit plan; or (b) An application to a District Land Registrar for the issue of a separate certificate of title in circumstances where the issue of that certificate of title is prohibited by section 226: and the term "subdivide land" has a corresponding meaning.

**Roading or Tracking Activities is defined in the Regional Soil Plan as: any earthworks associated with the formation of any new road or track, or the upgrade of any existing road or track. Roading or tracking activities include the formation of skid sites and any access way such as driveways and paths and railway tracks but excludes any tracking undertaken by a mine or quarry operation which either had a currently valid mining license, or was lawfully established, at 26 April 1997 (the date the Regional Soil Plan was publicly notified).

You can do it in a car, you can do it on a horse, and you can do it on some skis, of course. In short, entry or passage across river and lake beds, and across the surface of the water, is allowed as of right. But unfortunately it's not quite as simple as that.

Passing across the surface of water is allowed as of right, unless there is a rule about it in a district plan. Check your local district plan for any restrictions.

If you are passing across the bed of a river or lake, you cannot disturb that bed. Any disturbance of the bed requires a land use consent unless it is specifically allowed by a rule in a regional plan.

To help clear it up, we have adopted a rule in our regional plan about "entry or passage".

Rule 35 of the Regional Freshwater Plan permits "entry or passage" across the bed of any lake or river. This activity is allowed without the need to comply with any conditions. But unrestricted entry or passage does not mean you can "disturb" the bed of the river. This means that if you are passing across a river (for example, in a car or on a horse) there should be no disturbance of the bed of the river or lake that is more than minor. If there is, such as when a large number of trucks drive through a river, then a land use consent may be required under Rule 49 or you should construct a ford or bridge to avoid or mitigate the effects of the bed disturbance.

Forestry and logging usually involve the creation and maintenance of tracks, sometimes involve the disturbance of large volumes of soil and, by their nature, involve vegetation disturbance. On steep land, these activities can cause slips, increase sediment run off and accelerate erosion. Soil disturbance and vegetation clearance are controlled in the Regional Soil Plan.

Our regional rules about vegetation disturbance apply only to steep, erosion prone land. The terms vegetation disturbance, soil disturbance, and erosion prone land are all defined in the Regional Soil Plan.

Note that territorial authorities may have rules in their district plans restricting vegetation clearance on non-erosion prone land.

Rule 3 of the Regional Soil Plan permits vegetation disturbance on erosion prone land, subject to conditions specified in the rule.

Rule 4 of the Regional Soil Plan requires a land use consent for vegetation disturbance on erosion prone land if the conditions in Rule 3 cannot be met. This is a restricted discretionary activity.

The Wellington Region has some excellent sources of gravel and shingle that can be quarried and used for things like road building and general construction. Some of the gravel sources are in the beds of rivers, some are near the coast, and some are inland. Adverse effects of taking gravel and shingle, and breaking it up to useful sizes, include objectionable dust on neighbouring properties, lowering of river beds, and muddying the water in rivers and at the coast.

The Council controls any excavation, drilling, tunnelling, or other disturbance of land

• in the coastal marine area (below the high tide mark)
• in the bed of a lake or river
• on erosion prone land.

If the gravel and shingle extraction is done in the coastal marine area (below the line of mean high water springs) it is controlled in the Regional Coastal Plan.

Gravel and shingle extraction in the beds of lakes and rivers is controlled in the Regional Freshwater Plan.

If you want to extract gravel or shingle from land outside the bed of a river or lake, and inland of the coastal marine area, and it involves large scale soil disturbance on erosion prone land, it is controlled in the Regional Soil Plan. District plans can restrict gravel extraction or quarrying on any land outside river and lakes, so check those plans for any rules.

Discharges of dust to air associated with gravel extraction are controlled in the Regional Air Quality Management Plan unless it's in the coastal marine area, in which case it's controlled in the Regional Coastal Plan.

Gravel or shingle extraction in the coastal marine area

The Regional Coastal Plan contains six rules controlling extraction of gravel from foreshores and the seabed. No sand, shell or shingle can be taken without a coastal permit. If the extraction causes an associated discharge of dust to air, an additional coastal permit is required. The rules apply throughout the coastal marine area.

Within Areas of Significant Conservation Value, gravel and shingle extraction is a non-complying activity controlled by Rule 39 or Rule 43 of the Regional Coastal Plan. Any discharge of dust associated with the activity is a non-complying activity under Rule 72.

Outside Areas of Significant Conservation Value, gravel and shingle extraction is a discretionary activity controlled by Rule 37, or Rule 38, or Rule 40, or Rule 42 of the Regional Coastal Plan, depending on the amount of shingle extracted. Any discharge of dust associated with the activity is a discretionary activity under Rule 72. Dredging less than 300,000 cubic metres of sand, shell or shingle from the Hutt River mouth is a discretionary activity under Rule 41.

Discharges to air associated with gravel and shingle extraction

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit for the discharge of dust and other contaminants to air associated with any extraction, quarrying, and mining of minerals that is part of an industrial or trade process taking place outside the bed of a river. This is a discretionary activity.

Rule 10 of the Regional Air Quality Management Plan permits the discharge of dust and other contaminants to air associated with any extraction, quarrying, and mining of minerals provided the activity is not part of an industrial or trade process and takes place outside the bed of a lake or river.

Discharges to air associated with gravel and shingle extraction inside the bed of a river are not restricted under the Regional Air Quality Management Plan. Any effects on air quality associated with these extractions are controlled in the Regional Freshwater Plan.

Gravel or shingle extraction from the bed of a river or lake

Rule 38 of the Regional Freshwater Plan permits the extraction of up to 15 cubic metres of gravel per year from any river bed, provided the extraction complies with conditions specified in the rule. Up to fifty cubic metres may be extracted if the person taking the gravel owns the river bed.

Rule 49 of the Regional Freshwater Plan requires a land use consent for any extraction of gravel from a river or lake bed if the extraction is not permitted by Rule 38. This is a discretionary activity.

Gravel or shingle extraction not in the coastal marine area and not in the bed of any river or lake

Rule 2 of the Regional Soil Plan requires a land use consent for the disturbance of more than 1,000 cubic metres of gravel, soil etc, on erosion prone land, unless the disturbance is associated with roading or tracking, or is controlled by conditions on a subdivision consent issued by the territorial authority. This is a restricted discretionary activity.

Contact the relevant district or city council for information about gravel and shingle extractions that are not on erosion prone land. See the Kapiti Coast District Plan, the Porirua City District Plan, the Wellington City District Plan, the Hutt City District Plan, the Upper Hutt District Plan, the South Wairarapa District Plan, the Carterton District Plan, or the Masterton District Plan.

Wharves, jetties, breakwaters and seawalls are structures fixed in, on, under or over the foreshore or seabed. The erection, construction, placement, alteration, removal, or demolition of any structure anywhere in the coastal marine area is controlled in the Regional Coastal Plan.

If the structure is above the line of mean high water springs, it is not in the coastal marine area. Structures outside the coastal marine area are controlled by rules in district plans. See the Kāpiti Coast District Plan, the Porirua City District Plan, the Wellington City District Plan, the Hutt City District Plan, the Upper Hutt District Plan, the South Wairarapa District Plan, the Carterton District Plan, or the Masterton District Plan.

Structures built or used in the coastal marine area

Rule 6 of the Regional Coastal Plan permits the maintenance, repair, replacement, extension, addition or alteration of any existing lawful structure, or any part of an existing lawful structure that is fixed in, on, under or over any foreshore or seabed, including any associated disturbance of the foreshore or seabed, provided the activity complies with conditions stated in the rule. "Existing" means existing on existing at 29 June 1994 (the date the Proposed Plan was publicly notified).

Rule 7 of the Regional Coastal Plan permits the removal or demolition of any structure, or any part of a structure that is fixed in, on, under or over any foreshore or seabed, including any associated disturbance of the foreshore or seabed, provided the activity complies with conditions stated in the rule.

Rule 8 of the Regional Coastal Plan permits the erection or placement of any temporary structure, or any part of a temporary structure that is fixed in, on, under or over any foreshore or seabed, including any associated disturbance of the foreshore or seabed, provided the activity complies with conditions stated in the rule.

Rule 10 of the Regional Coastal Plan permits the undertaking of any activity on any structure, or any part of a structure that is fixed in, on, under or over any foreshore or seabed, provided the activity complies with conditions stated in the rule.

Rule 13 of the Regional Coastal Plan requires a coastal permit to maintain, repair, replace, add to or alter any existing lawful structure, or any part of an existing lawful structure that is fixed in, on, under or over any foreshore or seabed, including any associated disturbance of the foreshore or seabed not allowed by rules 6 to 12. This is a controlled activity provided the activity complies with the standards and terms stated in the rule.

Within any Area of Significant Conservation Value

Areas of Significant Conservation Value are defined in the Regional Coastal Plan.

Rule 21 requires a coastal permit for any activity involving the erection of a structure that impounds or effectively contains eight hectares or more of the coastal marine area.
Rule 22 requires a coastal permit for the erection of a structure that is solid, extends more than 1,000 metres more or less parallel to the line of mean high water springs.
Rule 23 requires a coastal permit for the erection of a structure that is solid, extends obliquely or perpendicular in horizontal projection to the line of mean high water springs, is more than 1,000 metres in length.
These are all non-complying and restricted coastal activities.

Outside any Area of Significant Conservation Value,

Rule 17 requires a coastal permit for any activity involving the erection of a structure that impounds or effectively contains eight hectares or more of the coastal marine area
Rule 18 requires a coastal permit for the erection of a structure that is solid, and extends more than 1,000 metres more or less parallel to the line of mean high water springs
Rule 19 requires a coastal permit for the erection of a structure that is solid, extends obliquely or perpendicular in horizontal projection to the line of mean high water springs, is more than 1,000 metres in length.
These are all discretionary and restricted coastal activities.

Rule 25 requires a coastal permit for activities involving the use and development of structures and not specifically provided for in another rule. This is a discretionary activity.

Burning waste in incinerators can cause local air pollution with the release toxic materials, including dioxins, if the combustion process is not well controlled. In 2004, the Ministry for the Environment released the National Environmental Standards for air quality. These have introduced controls on two kinds of incinerators.

Clause 11 of the regulations requires a resource consent for discharges from incinerators at schools and healthcare institutions. This regulation applies from 1 October 2006.

11 Incinerators at schools and healthcare institutions

Note that this regulation applies from 1 October 2006.

The regulations define a healthcare institution as having the same meaning as in section 2(1) of the Health and Disability Commissioner Act 1994. This includes (amongst other things) health camps and facilities that provide chiropractic, dental, fertility, geriatric, gynaecological, habilitation, obstetric, osteopathy, maternity, medical, mental health, obstetric, physiotherapy, and surgical services.

Implementation

The standard does not apply to school or hospital boilers. Waste should not be used as fuel source or disposed of in boilers.

All schools and hospitals must obtain resource consents for existing waste incinerators by 1 October 2006. Any school or hospital wanting to operate a new incinerator after this date must also obtain resource consent. The standard states that any resource consent application for this activity is a discretionary activity.

When considering a resource consent application for an incinerator at a school or hospital, regional councils and unitary authorities should consider all products of combustion including:

• smoke
• oxides of nitrogen
• carbon monoxide
• sulphur dioxide (depending upon the fuel)
• fine particles (PM ₁₀)
• heavy metals
• volatile organic compounds (VOCs); and
• dioxins.

It may be necessary to undertake a health risk assessment from these sources.

In addition to this, regional councils and unitary authorities must also consider the ambient air quality standards when considering a resource consent application.

Clause 12 of the regulations prohibits discharges from high temperature hazardous waste incinerators.

The regulations define hazardous waste as waste:

(a) that has one or more of the characteristics in Annex III to the Basel Convention ; or

(b) that -

(i) belongs to one or more of the categories in Annex I of the Basel Convention;

but

(ii) does not have any of the characteristics in Annex III to that Convention.

12 High-temperature hazardous waste incinerators

The standard prohibits any new high temperature incinerators operated for the principal purpose of the destruction of hazardous wastes.

The regulations define a hazardous waste incinerator as:

an incinerator that is designed and operated principally for burning hazardous waste at a temperature greater than 850 degrees C as measured–

(a) near the inner wall of the incinerator; or

(b) at another point in the combustion chamber where the temperature is likely to represent the temperature in the incinerator.

The regulations define hazardous waste as waste:

(a) that has one or more of the characteristics in Annex III to the Basel Convention; or

(b) that–

(i) belongs to one or more of the categories in Annex I of the Basel Convention; but

(ii) does not have any of the characteristics in Annex III to that Convention.

The Basel Convention and its Annexes can be viewed on their website.

Implementation

There are currently only three high-temperature hazardous waste incinerators operating in New Zealand: at Auckland International Airport, in New Plymouth and near Christchurch International airport.The airport facilities burn medical waste, quarantine waste and police-sourced wastes. No new facilities on other sites will be allowed.The three existing facilities will continue to operate under their current resource consents. Upon the expiry of their existing consents, they will need to obtain new resource consents to continue operating. Reconsenting of these facilities is not prohibited under the standard.

This standard does not apply to metal plants, cement kilns and other industries that burn waste (e.g. tyres, used oil and pot liners from aluminium smelters) at high temperatures as a fuel source. The standard does not apply to crematorium or to incinerators converting municipal waste to energy. Any of these activities will be subject to any relevant regional plan rules and obtaining resource consent approval.

The disposal of refuse and rubbish can result in discharges of contaminants to land, air (dust and gases), or water. Discharges to land are controlled in the Regional Plan for Discharges to Land. Discharges to air associated with landfills (dust, landfill gas, odour) are controlled in the Regional Air Quality Management Plan. Discharges of stormwater from landfill sites, or diversions of water around landfills, are controlled in the Regional Freshwater Plan.

Cleanfills are covered separately above.

Discharges to land

Rule 9 of the Regional Plan for Discharges to Land permits discharges to land at farm and domestic dumps, provided the discharge complies with conditions stated in the rule.

Rule 10 requires a discharge permit for all landfills, rubbish dumps and tips that do not comply with the conditions in Rule 9, or are not farm or domestic dumps. This is a discretionary activity.

Discharges to air (dust, landfill gas, odour)

Rule 20 of the Regional Air Quality Management Plan permits the discharge of contaminants to air from farm and domestic landfills provided the discharge complies with conditions stated in the rule.

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit for all waste transfer stations, and for landfills that do not comply with the conditions in Rule 20. This rule also applies to cleanfill operations. This is a discretionary activity.

Clause 6 of the regulations of the National Environmental Standards for air quality prohibit lighting fires and burning waste at landfills.

Stormwater from landfills

Rule 3 of the Regional Freshwater Plan requires a discharge permit for discharges of stormwater from landfills to water because such stormwater contains hazardous substances in the leachate. This is a controlled activity provided the discharge complies with the standards and terms stated in the rule.

Rule 2 of the Regional Freshwater Plan permits discharges of stormwater if it does not contain drainage from an area where hazardous substances are stored or used, or there is an interceptor in place to collect hazardous contaminants or divert contaminated stormwater to a trade waste system. 

Rule 5 of the Regional Freshwater Plan requires a discharge permit for all discharges to water unless the discharge is of water, minor contaminants, or stormwater. This is a discretionary activity.

If you want to scuttle a boat, this is called "dumping". If you want to dredge the marina and put the dredged sand somewhere else at sea, this is also called dumping. In fact, any waste or other matter that is deliberately disposed into the sea is called dumping.

Dumping anything into the sea from a ship, boat (or any other kind of craft), aircraft or offshore installation is controlled by regional councils under the Resource Management (Marine Pollution) Regulations. These are national regulations established by the Ministry for the Environment on 20 August 1998, and administered by regional councils.

Anything that is disposed of, deliberately or not, from shore, is controlled in the Regional Coastal Plan. See Restrictions on use of the coastal marine area*, and discharges to the environment**.

Dumping into the sea from ships, aircraft and offshore installations

Section 4 of the Resource Management (marine pollution) Regulations requires a coastal permit to dump certain things into the sea from any ship, aircraft, or offshore installation. These things are

(a) Dredge material:

(b) Sewage sludge:

(c) Fish processing waste from an onshore facility:

(d) Ships and platforms or other man-made structures at sea:

(e) Inert, inorganic geological material:

(f) Organic materials of natural origin:

(g) Bulky items consisting mainly of iron, steel, and concrete.

This is a discretionary activity.

Section 4 of the Resource Management (marine pollution) Regulations prohibits people from dumping waste or other matter things into the sea from any ship, aircraft, or offshore installation unless the waste or other matter is something specified in that section (see above), or in section 8 (oil spill clean ups), section 9 (oil from ships), section 10 (some noxious liquid substances), section 11 and section 12 (sewage from ships and offshore installations), section 13 (garbage), section 14 (ballast water) or section 15 (associated with normal operations of a ship or offshore installation). All these other discharges must comply with conditions stated in the section.

These regulations came into force on 20 August 1998.

*Restricted coastal activity is defined in the Resource Management Act as: any discretionary activity or non-complying activity - (a) Which, in accordance with section 68, is stated by a regional coastal plan to be a restricted coastal activity; and (b) For which the Minister of Conservation is the consent authority: Explanation (not part of the definition) An activity described in a rule as being a Restricted Coastal Activity requires a coastal permit. These activities will also be discretionary activities or non-complying activities. Permits for Restricted Coastal Activities are granted or declined by the Minister of Conservation, rather than the regional council.

**Discharge is defined in the Resource Management Act as: includes emit, deposit, and allow to escape.

Moorings are structures fixed in, on, or under the foreshore or seabed to attach boats to. They can also be fixed in, on, or under the bed of a river or lake.

The erection, construction, placement, alteration, removal, or demolition of any structure in the coastal marine area is controlled in the Regional Coastal Plan. The erection, construction, placement, alteration, removal, or demolition of any structure in the bed of a river or lake is controlled in the Regional Freshwater Plan.

Structures in the coastal marine area

Rule 15 of the Regional Coastal Plan requires a coastal permit to place any structure or any part of a structure that is fixed in, on, under, or over any foreshore or seabed for the sole purpose of swing mooring a vessel. This is a controlled activity provided the discharge complies with the standards and terms stated in the rule.

Rule 6  of the Regional Coastal Plan permits the maintenance, repair, replacement, extension, addition or alteration of any existing lawful structure, or any part of an existing lawful structure that is fixed in, on, under or over any foreshore or seabed, including any associated disturbance of the foreshore or seabed, provided the activity complies with conditions stated in the rule. "Existing" means existing on 29 June 1994 (the date the Proposed Plan was publicly notified).

Rule 7 of the Regional Coastal Plan permits the removal or demolition of any structure, or any part of a structure that is fixed in, on, under or over any foreshore or seabed, including any associated disturbance of the foreshore or seabed, provided the activity complies with conditions stated in the rule.

Rule 8 of the Regional Coastal Plan permits the erection or placement of any temporary structure, or any part of a temporary structure that is fixed in, on, under or over any foreshore or seabed, including any associated disturbance of the foreshore or seabed, provided the activity complies with conditions stated in the rule.

Outside any Area of Significant Conservation Value, Rule 25 of the Regional Coastal Plan requires a coastal permit for activities involving the use and development of structures and not specifically provided for in another rule. This is a discretionary activity.

Within any Area of Significant Conservation Value, Rule 26 of the Regional Coastal Plan requires a coastal permit for activities involving the use and development of structures and not specifically provided for in another rule. This is a non-complying activity.

Structures in rivers and lakes

Rule 33 of the Regional Freshwater Plan permits the removal or demolition of structures fixed in, on, under or over the bed of a river or lake provided the activity complies with conditions stated in the rule.

Rule 43 of the Regional Freshwater Plan requires a land use consent to maintain, repair, replace, extend, add to, or alter any structure that lawfully existed on 25 January 1997 (the date the proposed plan was publicly notified). This is a controlled activity provided it complies with the standards and terms specified in the rule.

Rule 49 o f the Regional Freshwater Plan requires a land use consent to use the bed of any river or lake in any way that is not provided for by one of rules 22 to 48. None of these rules specifically provide for moorings. This is a discretionary activity.

Building roads and tracks can cause slips above and below the road, they can make watercourses muddy, and create dust nuisance. The likelihood of creating these effects mostly depends on the type of soil, and how steep the land is. The steeper the land, the more carefully engineered the road or track should be to avoid or decrease the likelihood of creating these effects. The Regional Council only requires land use consents for road construction on steep sites because this is where there is the highest risk of adverse effects.

Roading and tracking is controlled in the Regional Soil Plan. The term roading and tracking is defined in the Regional Soil Plan.

Rule 1 of the Regional Soil Plan requires a land use consent for soil disturbance associated with formation or upgrade of roads and tracks, including skid sites and access ways, if the activity exceeds particular thresholds (related to the steepness of the land) stated in the rule. This is a restricted discretionary activity. This rule does not apply if the roading or tracking is already authorised by a subdivision consent from the district or city council. If the activity does not exceed those thresholds, no land use consent is required from the Regional Council, although a land use consent may be required from the district or city council.

Sewage treatment and disposal can result in discharges of contaminants to land, air (spray droplets, odour), fresh water or coastal water.

Depending on the degree of treatment, sewage can harm people and the environment because it contains germs, nutrients, and stuff that's not completely broken down.

Discharges to land are controlled in the Regional Plan for Discharges to Land.

Discharges to fresh water are controlled in the Regional Freshwater Plan.

Discharges to coastal water are controlled in the Regional Coastal Plan and the Resource Management (Marine Pollution) Regulations, 1998.

Discharges to air associated with sewage treatment and disposal are controlled in the Regional Air Quality Management Plan.

Discharges to land

Rule 3 of the Regional Plan for Discharges to Land permits discharges from sewer pipes and pumps during maintenance and repair provided the activity complies with conditions stated in the rule.

Rule 5 of the Regional Plan for Discharges to Land permits discharges from pit latrines provided the activity complies with conditions stated in the rule.

Rule 6 of the Regional Plan for Discharges to Land permits the discharge of aerobically treated sewage (such as from package plants) into or onto land provided the activity complies with conditions stated in the rule.

Rule 7 of the Regional Plan for Discharges to Land permits the discharge of sewage from septic tanks and other domestic systems into, but not onto, land provided the activity complies with conditions stated in the rule.

Rule 8 of the Regional Plan for Discharges to Land requires a discharge permit for all discharges of sewage to land, no matter how well it is treated, unless it is allowed by Rule 3, Rule 5, Rule 6 or Rule 7.

This is a discretionary activity. Note that because discharges of composted sewage sludge are not specifically provided for, they require a discharge permit under this rule.

Discharges to air associated with sewage treatment and disposal

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit for all discharges to air from sewage treatment and disposal unless the discharge is allowed by Rule 21.

Rule 21 of the Regional Air Quality Management Plan permits the discharge of contaminants to air from

• on-site sewage treatment and disposal
• the conveyancing of sewage through sewerage systems
• sewage pumping stations

subject to compliance with conditions stated in the rule.

Discharges to fresh water

Every discharge of sewage to water requires a discharge permit in accordance with Rule 5 of the Regional Freshwater Plan. This is a discretionary activity.

Discharges to coastal water, except from vessels

Rule 58 of the Regional Coastal Plan requires a coastal permit to discharge human sewage onto land or into water in the coastal marine area outside any Area of Significant Conservation Value.

This rule does not apply to discharges from vessels. This is a discretionary activity.

Rule 60 of the Regional Coastal Plan requires a coastal permit to discharge human sewage onto land or into water in the coastal marine area within any Area of Significant Conservation Value.

This rule does not apply to discharges from vessels. This is a non-complying activity.

Discharges to coastal water from ships and offshore installations

Discharges from vessels and offshore installations are controlled by the Resource Management (Marine Pollution) Regulations, which came into force on 20 July 1998.

The regulations apply to every kind of craft, whether or not it has any means of propulsion (see the definition of ship). The regulations apply to all coastal waters of New Zealand.

The part of the regulations dealing with sewage discharges from ships and offshore installations was amended in 2002.

Section 11 of the Resource Management (Marine Pollution) Regulations, 1998 permits discharges of sewage to the coastal marine area from a ship and offshore installation, provided the discharge is more than specified distances from shore and from marine farms, and provided the water is more than 5 metres deep.

Sections 12 and 12A of the Resource Management (Marine Pollution) Regulations, 1998 permits discharges of treated sewage from a ship and offshore installation, at closer distances to marine farms than are allowed by section 11.

To comply with this section, the sewage must be treated in sewage treatment facilities specified in the regulations.

Spray painting includes the spray application of paint, paint solvents, varnish, lacquer, dyes, metal oxides, adhesive coatings, elastomer coatings, stains and polishes. Spray painting can result in problems of over-spray, dust, and solvent fumes having adverse effects on the environment. Spray painting is controlled by regional rules in the Regional Air Quality Management Plan.

Discharges to air

Rule 15 of the Regional Air Quality Management Plan permits spray painting from a stationary source at a rate of less than 30 litres (or 30 kg) and not exceeding 3 litres (or 3 kg) per hour, spray painting at any rate from a mobile source, and discharges from the stoving of enamel or baking and drying of other coating materials, subject to compliance with conditions stated in the rule. Rule 15 does not apply to the spray application of materials that contain di-isocyanate-based paints.

Rule 14 of the Regional Air Quality Management Plan permits spray painting with materials containing di-isocyanates or organic plastiscisers, subject to compliance with conditions stated in the rule and provided the di-isocyanate is used at a rate of less than 10 litres (or 10 kg) per day and less than 3 litres (or 3 kg) per hour.

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit for any spray painting unless the discharge is allowed by Rule 14 or Rule 15. This is a discretionary activity.

Stopbanks are continuous mounds of earth built near rivers to stop water from the river flooding nearby land. Americans call them levees. They may look like grassy banks, but they are actually constructed according to very specific engineering designs. When the river is in flood, they need to be able to contain the floodwaters without collapsing.

When a river isn't in flood, which is most of the time, floodways are used as recreational areas, like parks or golf courses. During a flood they need all the space in the floodway to carry the flow otherwise floodwater might spill over the stopbanks and flood people's homes. Too many trees or buildings on a floodway can take up valuable space and slow down or block the flow of water during floods.

Tree roots and rabbit tunnels in stopbanks can create weak places where water can break through and make the stopbank collapse. People can damage stopbanks by riding bikes on them, or digging holes through them for pipelines.

Activities on stopbanks and floodways were controlled in the Transitional Regional Plan until it was withdrawn on 9 February 2002. Activities on stopbanks are now controlled by district rules. The exception is Rule 52 proposed in Change 1 to the Regional Freshwater Plan, notified on 9 February 2002.

Activities on flood ways

Rule 48A  of the Regional Freshwater Plan requires a land use consent for uses (as specified in the rule) of the floodways of the Waiohine River, the Ruamāhanga River or the Hutt River. This is a restricted discretionary activity. This rule was added by Change 1 to the Regional Freshwater Plan, notified on 9 February 2002.

District plans may contain rules restricting the construction of stopbanks and other structures near rivers. Check your district plan for any restrictions.

Activities on and damage to stopbanks

Rule 52 of the Regional Freshwater Plan prohibits the use of any stopbank for the passage of any motorised vehicle or machinery of greater than 9 tonnes, unless the use meets two exceptions stated in the rule. This rule is added by Change 1 to the Regional Freshwater Plan, notified on 9 February 2002.

District plans may contain rules restricting activities near stopbanks and other structures near rivers. Check your district plan for any restrictions.

Construction of stopbanks

District plans may contain rules restricting the deposition of earth, or the construction of stopbanks and other structures near rivers. Check your district plan for any restrictions.

Stormwater is the runoff from rural or urban areas. Fallen rain becomes "rural runoff" in the countryside, and "stormwater" in the towns. Both rural runoff and urban stormwater pick up pollutants along the way and deposit them in river estuaries and at stormwater outlets. While rural runoff pollutants are largely "natural" (like nutrients and bugs from animal manure), dirt and grime from city streets and buildings can be very harmful to the environment.

Stormwater does not go to the sewer. Stormwater is carried through stormwater pipes or channels and discharged into nearby rivers or the sea without any treatment. If it is discharged into a calm environment, like Wellington harbour, then the dirt and debris carried with the stormwater builds up. Even "clean" dirt can be harmful if it builds up in a marine environment because it can smother the sandy seabed. But dirt carried by urban stormwater is not clean. It is generally contaminated with heavy metals picked up along the way from roofs, guttering, and roads, as well as oils and rubbish from roads and industrial yards. The toxic levels of stormwater dirt can be just as bad, or worse, than toxic levels in sewage sludge.

Stormwater discharged to rivers, lakes and artificial watercourses is controlled in the Regional Freshwater Plan. Stormwater discharged to the coastal marine area is controlled in the Regional Coastal Plan. Stormwater discharged to land is controlled in the Regional Plan for Discharges to Land.

Discharges into stormwater drains are also controlled under the Resource Management Act. These discharges are controlled in the Regional Plan for Discharges to Land.

Discharges to the coastal marine area

Rule 53 of the Regional Coastal Plan permits discharges of stormwater to the coastal marine area, provided the discharge complies with conditions stated in the rule.

Outside Areas of Significant Conservation Value, Rule 61 of the Regional Coastal Plan requires a coastal permit for stormwater discharges that do not comply with the conditions of Rule 53. This is a discretionary activity.

Within Areas of Significant Conservation Value, Rule 62 of the Regional Coastal Plan requires a coastal permit for stormwater discharges that do not comply with the conditions of Rule 53. This is a non-complying activity.

Discharges to fresh water (rivers, lakes and artificial watercourses)

Rule 2 of the Regional Freshwater Plan permits stormwater discharges to surface water provided the discharge complies with conditions stated in the rule.

Rule 3 of the Regional Freshwater Plan requires a discharge permit for stormwater discharges that do no comply with conditions (1) or (2) of Rule 2. This is a controlled activity provided the discharge complies with the standards and terms stated in the rule.

Rule 5 of the Regional Freshwater Plan requires a discharge permit for stormwater discharges that are not allowed by Rule 2, or do not meet the standards of Rule 3. This is a discretionary activity.

Discharges to land

Rule 1 of the Regional Plan for Discharges to Land permits discharges of stormwater into stormwater pipes if the pipe then discharges to surface water. This is because discharges from the pipe into surface water are controlled by Rules 2, 3, and 5 of the Regional Freshwater Plan (see above).

Rule 3 of the Regional Plan for Discharges to Land permits discharges of stormwater to land provided the discharge complies with conditions stated in the rule.

Rule 2 of the Regional Plan for Discharges to Land requires a discharge permit for any stormwater discharge to land that does not comply with Rule 3. This is a discretionary activity.

Subdivision is the division of one allotment into parts, each with separate certificates of title, or the lease or sale of part of an allotment. Subdivision is not controlled by regional councils.

Subdivision is regulated in district plans, and subdivision consents are authorised by territorial authorities. For rules about subdivision, see the Kāpiti Coast District Plan, the Porirua City District Plan, the Wellington City District Plan, the Hutt City District Plan, the Upper Hutt District Plan, the South Wairarapa District Plan, the Carterton District Plan, or the Masterton District Plan.

Subdivision consents may have conditions attached to them relating to avoiding, remedying or mitigating adverse effects of any development, for example earthworks, associated with the subdivision. To avoid duplication between what territorial authorities regulate and what we regulate, the regional rules about roading and tracking do not apply to people who have a subdivision consent with conditions about roading or tracking.

Some activities associated with subdivision, such as soil disturbance and vegetation clearance; discharges from sewage treatment systems; and abstractions of water, are controlled by regional councils. The Wellington Regional Council has controlled these activities in the Regional Soil Plan, the Regional Freshwater Plan, and the Regional Plan for Discharges to Land.

For information about activities related to subdivision that are controlled by regional councils, see the following activities:

Roading and tracking

Vegetation disturbance

Sewage treatment and disposal

Stormwater

Water takes

Subdivision is defined in section 218 of the Resource Management Act as follows. (1) In this Act, the term "subdivision of land" means - (a) The division of an allotment - (i) By an application to a District Land Registrar for the issue of a separate certificate of title for any part of the allotment; or (ii) By the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or (iii) By a lease of part of the allotment which, including renewals, is or could be for 20 years or longer[; unless that part of the allotment is in the coastal marine area, and that lease is allowed for a term of 20 years or longer by a coastal permit or by a rule in a regional coastal plan; or] (iv) By the grant of a company lease or cross lease in respect of any part of the allotment; or (v) By [the deposit of a unit plan, or] an application to a District Land Registrar for the issue of a separate certificate of title for any part of a unit on a unit plan; or (b) An application to a District Land Registrar for the issue of a separate certificate of title in circumstances where the issue of that certificate of title is prohibited by section 226: and the term "subdivide land" has a corresponding meaning.

Clearing large areas of vegetation exposes the soil and makes it vulnerable to erosion. If the exposed soil is washed into rivers and lakes it can have adverse effects on water quality and aquatic habitat. If vegetation is burnt off, the smoke can cause significant effects on the environment, particularly if smoke affects visibility on roads.

Except when contaminants are discharged to air, such as when vegetation is burnt, regional councils can only restrict vegetation clearance in a regional plan if the restriction is necessary to promote soil conservation, or to maintain or enhance water quality or water quantity. So if air quality is not affected, our regional rules about vegetation disturbance don't distinguish between whether the vegetation is native or exotic forest, or scrub covered hills. They only distinguish between whether it's a small amount or a large amount of vegetation being disturbed and whether it happens on erosion prone land.

Vegetation removal and disturbance is controlled in the Regional Air Quality Management Plan and the Regional Soil Plan.

District plans contain rules controlling vegetation disturbance on all types of land. See the Kāpiti Coast District Plan, the Porirua City District Plan, the Wellington City District Plan, the Hutt City District Plan, the Upper Hutt District Plan, the South Wairarapa District Plan, the Carterton District Plan, or the Masterton District Plan.

Burn-offs

Rule 18 of the Regional Air Quality Management Plan permits the discharge of contaminants to air from burn-offs associated with land clearance, provided the activity complies with conditions stated in the rule.

Rule 23 of the Regional Air Quality Management Plan requires a discharge permit to discharge contaminants to air from burn-offs associated with land clearance if the conditions in Rule 18 cannot be met. This is a discretionary activity.

Other vegetation clearance and removal

Rule 3 of the Regional Soil Plan permits large scale vegetation disturbance on erosion prone land, provided the activity complies with conditions stated in the rule. If the vegetation doesn't cover more than one hectare or is not on erosion prone land, then it may be cleared without any conditions imposed by the Council. See your district plan for any conditions the district council may have adopted.

Rule 4 of the Regional Soil Plan requires a land use consent for vegetation disturbance on erosion prone land if the conditions in Rule 3 cannot be met. This is a restricted discretionary activity.

The terms vegetation disturbance and erosion prone land are defined in the Regional Soil Plan.

No one is allowed to take water from an artificial watercourse, river, lake, or wetland, or from an aquifer or any other groundwater resource, unless their abstraction is allowed by a rule in a regional plan, or they have a water permit. The Resource Management Act 1991 allows some execeptions for fire-fighting and for people to provide for their reasonable domestic needs, and for the needs of stock.

We have adopted rules allowing water takes in two of our regional plans. These are the Regional Freshwater Plan and the Regional Coastal Plan.

Taking fresh water

Rule 16 of the Regional Freshwater Plan requires a water permit for all abstractions unless the abstraction is allowed by Rule 7 or restricted by Rule 19. This is a discretionary activity. Drilling a bore to take water requires a land use permit (see Bores, wells and drilling).

Rule 7 of the Regional Freshwater Plan permits the abstraction of less than 20,000 litres (20 cubic metres) of water per day at a rate of no more than 2.5 litres per second, provided the abstraction complies with the conditions stated in the rule. The rule applies to surface water and groundwater, except groundwater in the Lower Hutt Groundwater Zone. Drilling a bore to take water requires a land use permit (see Bores, wells and drilling).

Rule 19 of the Regional Freshwater Plan requires a water permit to take water from the Lower Hutt Groundwater Zone if the take causes the total abstraction from the aquifer to be more than 32,850,000 cubic metres per year. This is a non-complying activity. Drilling a bore to take water requires a land use permit (see Bores, wells and drilling).

Taking coastal water

Rule 73 of the Regional Coastal Plan permits the taking of any amount of coastal water, provided it is not taken from a river, stream, estuary, lake or aquifer in the coastal marine area. The activity must comply with conditions stated in the rule.

Rule 74 of the Regional Coastal Plan permits the taking of any amount of coastal water from anywhere in the coastal marine area provided it is taken for the operational needs of vessels, and complies with conditions stated in the rule.

Rule 75 of the Regional Coastal Plan requires a coastal permit to take up to 3,000 cubic metres of coastal water per day from those parts of the Otaki, Waikanae, or Hutt Rivers, or their estuaries, that are in the coastal marine area, or any part of Lake Onoke. This is a controlled activity provided the discharge complies with the standards and terms stated in the rule.

Rule 76 and Rule 77 of the Regional Coastal Plan require a coastal permit to take water from anywhere in the coastal marine area unless the abstraction is allowed by Rule 73, 74, or 75 (see above). Rule 76 (discretionary activity) applies outside any Area of Significant Conservation Value, and Rule 77 (non-complying activity) applies within any Areas of Significant Conservation Value.

There are only around 3 percent of wetlands remaining in the Wellington Region. In working to protect and restore our wetlands, there are a range of national and regional policies, regulations and rules that provide direction and restrictions on what can and can’t be done within and around a wetland.

With so few of these unique habitats remaining, we support the restoration and protection of natural wetlands. However:

• You are not required to restore wetlands on your land unless you choose to.
• If you choose to restore wetlands, you may need a consent for your restoration activity, except for restoration planting and pest control of appropriate species.
• Restoration activity that involves changes to wetland hydrology, especially “re-wetting”, needs to be managed carefully. In some cases, it may pose a risk of flooding to neighbouring properties, or ecological harm. This is why a resource consent is usually required.

If you have a wetland on your property, or think you might have, we want to work with you. Having a wetland can affect what you can do on your property, and we are here to help you to understand what this means

We also have resources and funding available to help you with identification and restoration.

Natural wetland management in our region

There are a range of national and regional policies, regulations and rules that help to protect and improve natural wetlands.

National Regulations:

• National policy statement for freshwater management 2020 (NPS-FM)
• National environmental standards for freshwater 2020 (NES-F)
• Resource Management (Stock Exclusion) Regulations 2020

Greater Wellington is responsible for implementation, monitoring and compliance of resource management in the Wellington Region. For more information about the national regulations in New Zealand, head to our Essential Freshwater Page.

Regional Rules:

In the Wellington Region, we have the Proposed Natural Resources Plan (PNRP) which includes rules specific to wetlands in the Wellington Region. We are in the process of updating the PNRP to align with the current national regulations.

Whaitua - We established committees of locals, iwi, local authority and Greater Wellington representatives. Each committee develops a Whaitua implementation Programme (WIP) with their communities.

WIPs aim to improve the water quality in our region in a way that incorporates mana whenua and community values and interests in freshwater.  The WIPs will be incorporated  into our PNRP. Find out more about Whaitua.

How these rules and regulations affect landowners

Adjustments to the national regulations are currently under consultation. As they evolve, we will continue to clarify how the national regulations interact with our PNRP rules, and how they will affect you.

Some activities within or around a natural wetland such as unblocking drains to manage flood risk, or clearing vegetation to manage fire risk, may require a consent.

The rules and regulations can be complicated, and how they affect you will depend on a range of factors. We’re here to help if you have any questions about your individual situation, please get in touch on 0800 496 734 or via info@gw.govt.nz.

How these rules and regulations affect rural activities

Under the rules and regulations, some activities within and around natural wetlands are permitted, prohibited, or may require a resource consent. The rules and regulations below are subject to change. You can read about the proposed changes on the Ministry for the Environment Website. 

Stock exclusion and fencing – When livestock enter waterways they can cause significant contamination and habitat loss. Stock exclusion from natural wetlands is outlined on the Ministry for the Environment website.

Dams – You cannot currently divert or dam water, or undertake earthworks, that causes drainage within a natural wetland. These activities usually require resource consents if you wish to do them within 100m of a wetland.

Water takes and use – A resource consent is currently required to take or use any water within 100m of a natural wetland.

Earthworks:

• You cannot undertake any earthworks that cause drainage within a natural wetland.
• Any earthworks within 100m of a wetland that is likely to cause drainage requires a resource consent.
• Any earthworks within 10m of a wetland, regardless of whether it causes drainage, requires a resource consent

How these regulations affect urban activities

Development

You cannot currently undertake any earthworks within a natural wetland that causes drainage. A resource consent is required for:

• Any earthworks within 100m of a wetland that is likely to cause drainage 
• Any earthworks within 10m of a wetland, regardless of whether it causes drainage
• Any discharge of water to land, including stormwater and wastewater, within 100m of a wetland.

Reclamation You cannot currently reclaim any natural wetland unless the reclamation is required to create specified infrastructure.