Regional Coastal Plan

Any activity reclaiming foreshore or seabed outside the Commercial Port Area which:

(1) equals or exceeds 1 hectare; or

(2) extends 100 or more metres in any direction; or

(3) is an incremental reclamation connected to or part of another reclamation which:

• was commenced or received a resource consent after 5 May 1994; and
• the sum of the existing and proposed reclamations are equal to or exceed the dimensions in (1) and (2); and

(4) is proposed for an area of the coastal marine area outside any Area of Significant Conservation Value

is a discretionary activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of the reclamation at the time consent is granted, at commencement of the work, and when the reclamation is completed.

Any activity reclaiming or draining foreshore or seabed within the Commercial Port Area [see maps which can be downloaded from side bar on the right of the screen] which:

(1) equals to or exceeds 2 hectares; or

(2) extends 300 metres in any direction; or

(3) is an incremental reclamation connected to or part of another reclamation which:

• was commenced or received a resource consent after 5 May 1994; and
• the sum of the existing and proposed reclamations is equal to or exceeds the dimensions in (1) and (2)

is a discretionary activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of the reclamation at the time consent is granted, at commencement of the work, and when the reclamation is completed.

Any activity reclaiming foreshore or seabed which:

(1) equals or exceeds 1 hectare in area; or

(2) extends 100 or more metres in any direction; or

(3) is an incremental reclamation connected to or part of another reclamation which:

• was commenced or received a resource consent after 5 May 1994; and
• the sum of the existing and proposed reclamations is equal to or exceeds the dimensions in (1) and (2); and

(4) is proposed for any Area of Significant Conservation Value

is a non-complying activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of the reclamation at the time consent is granted, at commencement of the work, and when the reclamation is completed.

Any activity reclaiming or draining foreshore or seabed:

• that is not specifically provided for in Rules 1, 2, 3, or 5 or
• which cannot meet the requirements of those rules

is a discretionary activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of the reclamation at the time consent is granted, at commencement of the work, and when the reclamation is completed

Any activity reclaiming or draining foreshore or seabed within an Area of Significant Conservation Value:

• that is not specifically provided for in Rules 1, 2, 3, 4 or
• which cannot meet the requirements of those rules;

is a non-complying activity.

Any maintenance, repair, replacement extension, addition or alteration to or 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 foreshore or seabed, which:

(1) is contained within the form of the existing structure, or, provided that the structure is not listed in Appendix 4 (for which no extension, addition or external alteration is allowed by this rule), adds no more than:

(a) within the Commercial Port Area [see maps which can be downloaded from the document bar at the right of this screen ], whichever is the smaller of:

• 30% to the plan or cross-sectional area of the structure; or
• 30 metres in horizontal projection and 10 metres in vertical projection;

measured from the structure existing at 29 June 1994 (the date of public notification of this Plan as a proposed plan);

(b) within the remaining coastal marine area, whichever is the smaller of:

• 5% to the plan or cross-sectional area of the structure; or
• 5 metres in horizontal projection and 1 metre in vertical projection;

measured from the structure existing at 29 June 1994 (the date of public notification of this Plan as a proposed plan); and

(2) does not substantially change the external appearance of the structure. For the avoidance of doubt, repainting shall not be deemed to substantially alter the appearance of a structure; and

(3) (a) Within any Area of Significant Conservation Value disturbs sand, shingle, shell, or other natural foreshore or seabed material in a quantity of less than either

• a rate of 1 cubic metre per 5 metres of structure measured along the length or breadth of the structure, with a maximum disturbance of 20 cubic metres per structure; or
• 3 cubic metres for placement or replacement of a pile; or

  (b) outside any Area of Significant Conservation Value does not require any blasting or other destruction of bedrock on the foreshore or seabed; and

(4) if the structure is in the Hutt Valley Aquifer Zone [see maps which can be downloaded from the document bar at the right of this screen ], does not disturb foreshore or seabed to a depth greater than 0.5 metres below the bed; and

(5) if the structure is within a Commercial Port Area or the Lambton Harbour Development Area, shown on Planning Maps 4A and 4B, and the replacement, extension, addition or alteration is for a use that includes a noise sensitive activity;

is a permitted activity* provided it complies with the conditions specified below.

Conditions

(1) The activity shall comply with the general standards listed in section 14.1.

(2) The Hydrographer of the Royal New Zealand Navy shall be notified of any extension, addition or alteration of any structure which intrudes into or over any water used for navigation.

*Permitted activity is defined in the Resource Management Act as: an activity described in section 77B(1). Section 77B(1) in the Resource Management Act is: "If an activity is described in this Act, regulations, or a plan or proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the standards, terms, or conditions, if any, specified in the plan or proposed plan." Explanation (not part of the definition) No resource consent is required to undertake these activities provided they comply with all standards, terms or conditions specified in the rule.

Any 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 foreshore or seabed, which:

(1) (a) within any Area of Significant Conservation Value disturbs sand, shingle, shell, or other natural foreshore or seabed material in a quantity less than either:

• a rate of 1 cubic metre per 5 metres of structure measured along the length or breadth of the structure, with a maximum disturbance of 20 cubic metres for a single structure; or
• 3 cubic metres for removal of a pile; and

  (b) outside any Area of Significant Conservation Value does not require any blasting or other destruction of bedrock on the foreshore or seabed; and

(2) if the structure is in the Hutt Valley Aquifer Zone (PDF 86 KB) , does not disturb foreshore or seabed to a depth greater than 0.5 metres below the bed [the planning map for the Hutt Valley Aquifer Zone can be downloaded from the document bar at the right of the screen ];

(3) results in the complete removal of the structure or the part of the structure from the coastal marine area; and

(4) is not a structure listed in Appendix 4

is a permitted activity provided it complies with the conditions below.

Conditions

(1) The removal or demolition complies with the general standards listed in section 14.1.

(2) The Hydrographer of the Royal New Zealand Navy shall be notified of any removal or demolition of any structure which intrudes into or over any water used for navigation.

Any 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 foreshore or seabed, which:

(1) does not require any blasting or other destruction of bedrock on the foreshore or seabed; and

(2) if the structure is in the Hutt Valley Aquifer Zone (PDF 86 KB) , does not disturb foreshore or seabed to a depth greater than 0.5 metres below the bed; and

(3) is to be used for an activity allowed by this Plan or by a coastal permit; and

(4) will not be in place for a period exceeding 31 days or part days during any 12 month period, inclusive of erection or placement and removal; and

(5) if the structure is fixed directly in, on, under or over foreshore, will not prevent lawful public access to and along the foreshore past the structure; and

(6) if the structure if fixed directly in, on, under or over seabed, will not block any navigation channel; and

(7) is not within any Area of Significant Conservation Value

is a permitted activity provided it complies with the conditions below.

Conditions

(1) The erection or placement complies with the general standards listed in section 14.1

(2) The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation.

Any erection or placement 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 foreshore or seabed, which:

(1) is carried out for the sole purpose of the placement of a navigation aid for shipping

is a permitted activity provided it complies with the conditions below.

Conditions

(1) The erection or placement complies with the general standards listed in section 14.1.

(2) The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the navigation aid at the time work commences and at the time the navigation aid becomes operational.

Any activity undertaken in or on any structure or any part of a structure fixed in, on, under, or over any foreshore or seabed which is not specifically provided for in a rule in this Plan, and:

(1) was lawfully occurring at 29 June 1994 (the date of public notification of this Plan as a proposed plan); or

(2) if outside the Lambton Harbour Development Area, is either:

(i) functionally dependent on a location in the coastal marine area; or

(ii) an activity to support or service those which must locate in the coastal marine area, and which, because of a lack of a suitable space or operational constraints, cannot be located outside of the coastal marine area; or

(3) is occurring on or in a new structure for which a coastal permit has been granted and is complying with the terms and conditions of that coastal permit; or

(4) is a noise sensitive activity and is within a Commercial Port Area or the Lambton Harbour Development Area shown on Planning Maps 4A and 4B;

is a permitted activity provided it complies with the conditions below.

Conditions

(1) The activity shall comply with the general standards listed in section 14.1

The occupation by:

• any structure allowed by section 418(6) of the Act; and
• any road or road structure which was in existence before 1 October 1991

of any land of the Crown or any related part of the coastal marine area, is a permitted activity provided that the activity complies with the conditions below.

Conditions

(1) The person responsible for the structure shall at all times, throughout the period when the structure occupies land of the Crown or any related part of the coastal marine area, pay to the consent authority, on behalf of the Crown, any sum of money required to be paid by regulations made under section 360(1)(c) of the Act.

Any erection, relocation, or placement of a crane, elevator, vehicle linkspan, gangways, or other similar cargo handling equipment, or equipment for the transfer of passengers, crews, and other persons, in the Commercial Port Area which does not exceed a height of 27 metres is a permitted activity provided it complies with the conditions below.

Conditions

(1) The activity complies with the general standards listed in section 14.1

Any maintenance, repair, replacement, addition or alteration to or 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 foreshore or seabed, which:

(1) is not a permitted activity described in Rules 6 to 12; and

(2) is contained within the form of the existing structure, or adds no more than:

(a) within the Commercial Port Area, whichever is the smaller of:

• 50 % to the plan or cross-sectional area of the structure; or
• 50 metres in horizontal projection and 20 metres in vertical projection;

measured from the structure existing at 29 June 1994 (the date of public notification of this Plan as a proposed plan); or

(b) within the remaining coastal marine area, whichever is the smaller of:

• 20% to the plan or cross-sectional area of the structure; or
• 10 metres in horizontal projection and 3 metres in vertical projection;

measured from the structure existing at 29 June 1994 (the date of public notification of this Plan as a proposed plan); and

(3) (a) within any Areas of Significant Conservation Value disturbs sand, shingle, shell, or other natural foreshore or seabed material in a quantity of less that either:

• a rate of 1 cubic metre per 5 metres of structure measured along the length or breadth of the structure, with a maximum disturbance of 20 cubic metres per structure or;
• 3 cubic metres for placement or replacement of a pile; or

(b) outside any Area of Significant Conservation value, does not require any blasting or other destruction of bedrock on the foreshore or seabed; and

(4) if the structure is within a Commercial Port Area or the Lambton Harbour Development Area, shown on Planning Maps 4A and 4B, and the replacement, extension, addition or alteration is for a use that includes a noise sensitive activity

is a controlled activity provided it complies with the standards and terms specified below.

Standards

(1) The activity shall comply in all respects with the general standards listed in section 14.1

Terms

(1) The consent holder shall notify the Manager, Consents (Western Region), or the Manager, Planning and Resources (Wairarapa), Wellington Regional Council, 24 hours before any work commences.

(2) The activity shall comply with the general terms listed in section 14.2

(3) The Hydrographer of the Royal New Zealand Navy shall be notified of any new structure or work in the coastal marine area which intrudes into or over any water used for navigation at the time permission is given and at commencement of the work, and when the structure or work is complete.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent; and

(2) the information and monitoring requirements; and

(3) the administrative charges payable; and

(4) the extent and nature of the disturbance to foreshore or seabed; and

(5) the external appearance of the structure.

Any 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 foreshore or seabed, which:

(1) is not a permitted activity;

(2) (a) within any Area of Significant Conservation Value disturbs sand, shingle, shell, or other natural foreshore or seabed material in a quantity less than either:

• a rate of 1 cubic metre per 5 metres of structure measured along the length or breadth of the structure, with a maximum disturbance of 20 cubic metres for a single structure; or
• 3 cubic metres for removal of a pile; and

(b) outside any Area of Significant Conservation Value does not require any blasting or other destruction of bedrock on the foreshore or seabed; and

(3) is not a structure listed in Appendix 4 [Appendix 4 can be downloaded from the document bar at the right of this screen]

is a controlled activity provided it complies with the standards and terms listed below.

Standards

(1) The activity shall comply with the general standards listed in section 14.1

Terms

(1) The consent holder shall notify the Manager, Consents and Investigations (Western Region), or the Manager, Planning and Resources (Wairarapa), Wellington Regional Council, 24 hours before any work commences.

(2) The activity shall comply with the general terms listed in section 14.2

(3) The Hydrographer of the Royal New Zealand Navy shall be notified of any new structure or work in the coastal marine area which intrudes into or over any water used for navigation at the time permission is given and at commencement of the work, and when the structure or work is complete.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent;

(2) the information and monitoring requirements;

(3) the administrative charges payable;

(4) the extent and nature of the disturbance to foreshore or seabed;

(5) the extent and nature of any part of the structure which is to remain in the coastal marine area.

Any placement of 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 which:

(1) is within a Mooring Area that has available mooring space. (PDF 25 KB)

is a controlled activity provided it complies with the standards and terms listed below.

Standards

(1) The activity shall comply with the general standards listed in section 14.1

Terms

(1) The mooring shall be inspected yearly, and maintained in a good state of repair. Written advice to this effect shall be supplied to the Manager, Consents and Investigations Department, Wellington Regional Council, after each inspection.

(2) The activity shall comply in all aspects with the general terms listed in section 14.2

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent;

(2) the information and monitoring requirements;

(3) the administrative charges payable;

(4) the siting and nature of the mooring.

The occupation by any lawful structure of any land of the Crown or any related part of the coastal marine area, is a controlled activity provided that activity complies with the terms listed below.

Terms

(1) The person responsible for the structure shall at all times throughout the period when the structure occupies land of the Crown or any related part of the coastal marine area, pay to the consent authority, on behalf of the Crown, any sum of money required to be paid by regulations made under section 360(1)(c) of the Act;

(2) The activity shall comply with the general terms listed in section 14.2

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent;

(2) the information and monitoring requirements;

(3) the administrative charges payable;

(4) the degree of exclusivity of the occupation; and

(5) any maintenance requirements.

Any activity involving the erection of a structure or structures which will:

(1) impound or effectively contain 8 hectares or more of the coastal marine area; and

(2) is proposed for an area of the coastal marine area outside any Area of Significant Conservation Value

is a discretionary activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete.

Any activity involving the erection of a structure or structures, other than a submarine or subaqueous cable:

(1) which is solid (or presents a significant barrier to water or sediment movement); and

(2) when established on the foreshore or seabed would extend more than 1000 metres in length, more or less parallel to the line of mean high water springs (including separate structures which incrementally total 1000 metres, or more contiguously); and

(3) is proposed for an area of the coastal marine area outside any Area of Significant Conservation Value

is a discretionary activity and  shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete.

Any activity involving the erection of a structure or structures, other than a submarine or subaqueous cable:

(1) which is solid (or presents a significant barrier to water or sediment movement); and

(2) which is sited obliquely or perpendicular in horizontal projection to the line of mean high water springs in the coastal marine area; and

(3) which in horizontal projection is 1000 metres or more in length; and

(4) is proposed for an area of the coastal marine area outside any Area of Significant Conservation Value

is a discretionary activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete.

Any activity involving the erection of a structure or structures which is:

(1) for the containment of any petroleum, petroleum products or other contaminants; and

(2) contains quantities of 100,000 litres or more; and

(3) is proposed for an area of the coastal marine area outside any Area of Significant Conservation Value

is a discretionary activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete.

Any activity involving the erection of a structure or structures which:

(1) will impound or effectively contain 8 hectares or more of the coastal marine area; and

(2) is proposed for any Area of Significant Conservation Value

is a non-complying activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete.

Any activity involving the erection of a structure or structures, other than submarine or sub aqueous cables which:

(1) are solid (or present a significant barrier to water or sediment movement); and

(2) when established on the foreshore or seabed would extend more than 1000 metres in length, more or less parallel to the line of mean high water springs (including separate structures which incrementally total 1000 metres, or more contiguously); and

(3) is proposed for any Area of Significant Conservation Value

is a non-complying activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete.

Any activity involving the erection of a structure or structures, other than a submarine or subaqueous cable which is:

(1) solid (or presents a significant barrier to water or sediment movement); and

(2) sited obliquely or perpendicular in horizontal projection to the line of mean high water springs in the coastal marine area; and

(3) is in horizontal projection 1000 metres or more in length; and

(4) is proposed for any Area of Significant Conservation Value

is a non-complying activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete

Any activity involving the erection of a structure or structures which is:

(1) for the storage or containment of any petroleum, petroleum products or other contaminants; and

(2) contains quantities of 100,000 litres or more; and

(3) is proposed for any Area of Significant Conservation Value

is a non-complying activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete.

Any activity involving the use or development of any structure or any part of a structure fixed in, on, under or over foreshore or seabed outside an Area of Significant Conservation Value:

• that is not specifically provided for in rules 6 to 24 or rules 26 or 27; or
• which cannot meet the requirements of those rules

is a discretionary activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified of any erection or placement of the structure where the structure intrudes into or over any water used for navigation at the time permission is given, at commencement of the work, and when the structure or work is complete.

Any activity involving the use or development of any structure or any part of a structure fixed in, on, or over foreshore or seabed:

• that is not specifically provided for in Rules 6 to 25; or
• which cannot meet the requirements of those Rules; and
• is proposed for any Area of Significant Conservation Value

is a non-complying activity.

The use of any boat shed for residential purposes and non-water based activities which do not require a coastal location is a non-complying activity.

Any activity involving disturbance or damage of foreshore or seabed which:

(1) is carried out for the purpose of clearing the exit of any piped stormwater outfall is a permitted activity provided it complies with the conditions below.

Conditions

(1) The extent of foreshore disturbance is limited to that required to create a free-draining path from the stormwater outlet to the sea.

(2) The activity must not preclude public access to and along the foreshore past the site of the activity.

(3) No contaminants shall be released to land or water from equipment being used for the clearance operation, and no refuelling may take place on any area of foreshore or seabed.

(4) All material excavated shall be retained within the active beach system.

(5) All equipment and materials used for the clearance operation shall be removed from the site on completion of the operation.

(6) The activity shall comply with the general standards listed in section 14.1.

Any activity involving disturbance or damage of foreshore or seabed which:

(1) occurs on the following beaches:

• Titahi Bay
• Karehana Bay
• Plimmerton
• Browns Bay
• Bradley Point
• Motukaraka Point
• Mana Foreshore
• Onehunga Bay
• Pukerua Bay
• Lyall Bay
• Island Bay
• Princess Bay
• Worser Bay
• Scorching Bay
• Oriental Bay
• Freyberg
• Petone
• Point Howard
• Sorrento Bay
• Days Bay
• Rona Bay
• Ngawihi
• Castlepoint Beach
• Riversdale Beach; and

(2) is carried out for the purpose of removing marine debris, litter, or dead seaweed or, with the exception of Titahi Bay, re-contouring or reshaping of foreshore;

is a permitted activity provided it complies with the conditions specified below.

Conditions

(1) The activity must not preclude public access to and along the foreshore past the site of the activity.

(2) No contaminants shall be released to land or water from equipment being used for the recontouring or reshaping operation, and no refuelling may take place on any area of foreshore or seabed.

(3) No sand may be removed from the foreshore during any beach grooming operation, other than that sand attached to any marine debris, litter or dead seaweed.

(4) Sand may be relocated but no sand may be removed from the foreshore during any recontouring or reshaping operation.

(5) All equipment and materials used for the recontouring or reshaping operation shall be removed from the site on completion of the operation.

(6) The activity shall comply with the general standards listed in section 14.1.

(7) If the activity is carried out on Titahi Bay beach, it shall be carried out by or on behalf of a local authority to maintain amenity values and any vehicle used shall not have tracks and the activity is not to involve recontouring or reshaping.

Disturbance of foreshore and seabed, including any associated deposition of natural material and diversion of water, which:

(1) is carried out for the purpose of realignment of the following stream and river mouths:

• Waitohu Stream
• Otaki River
• Mangaone Stream
• Hadfield Drain
• Waimeha Stream
• Tikotu Stream
• Wharemauku Stream
• Whareroa Stream
• Wainui Stream
• Waikakariki Stream
• Makara Stream
• Lake Onoke
• Unnamed Stream approximately 190 metres south of the seaward end of Sunrise Way, Riversdale
• Unnamed Stream approximately 145 metres north of the seaward end of Sunrise Way, Riversdale
• Unnamed Stream at the seaward end of Karaka Drive, Riversdale
• Motuwaireka Stream
• Castlepoint Stream and

(2) is undertaken when the trigger levels defined in Table 7.1 (below) are equalled or exceeded

is apermitted activityprovided it complies with the conditions below.

Conditions

(1) The foreshore is not disturbed to a depth greater than 1 metre below the natural water table or to a width greater than 5 metres.

(2) Subject to the exception stated below, the activity shall not prevent public access to and along the foreshore past the site of the cutting operation. This condition shall not apply to any restrictions on access arising from water flowing in any new outlet channel.

(3) No contaminants shall be released to land or water from equipment being used for the cutting operation, and no refuelling may take place on any area of foreshore or seabed.

(4) All material excavated shall be retained within the active beach system.

(5) All equipment and materials used for the cutting operation shall be removed from the site on completion of the operation.

(6) With respect to Lake Onoke

• the mechanical opening shall not occur during the period February to May inclusive each year without prior direct liaison with a nominated representative (or in their absence a nominated deputy) from the Tuhirangi Marae.

(7) The activity shall comply with the general standards listed in section 14.1.

Table 7.1 Trigger levels for river and stream mouth cutting in accordance with rules 30 and 34

Any activity involving the disturbance or damage of the foreshore or seabed which:

(1) results from the launching, retrieval, navigation or mooring of vessels is a permitted activity provided it complies with the conditions below.

Conditions

(1) Any disturbance of the foreshore or seabed is removed by two high tides.

(2) The activity shall comply in all respects with the general standards listed in section 14.1.

Disturbance and damage of foreshore and seabed associated with any drilling operation which:

(1) uses drilling equipment which has a maximum diameter of less than 200 mm; and

(2) occurs outside of, and does not interfere with, the " Hutt Valley Aquifer Zone (PDF 86 KB) ".

is a permitted activity provided it complies with the conditions below.

Conditions

(1) The activity shall comply with the general standards listed in section 14.1.

Disturbance and damage of foreshore and seabed for the purpose of removal of sand, shingle, shell or other material associated with maintenance dredging to levels previously approved by resource consent under the Resource Management Act, which:

(1) is within the Commercial Port Area or Lambton Harbour Development Area.

is a permitted activity provided it complies with the conditions below.

Conditions

(1) The activity shall be undertaken in a manner which minimises water turbidity.

(2) The Hydrographer of the Royal New Zealand Navy shall be notified when the dredging commences and when the dredging is completed.

(3) The activity shall comply in all respects with the general standards listed in section 14.1.

Note: For the avoidance of doubt, this rule applies to disturbance associated with the removal of sediments from the sea floor, and not to any dumping or other form of release of any sediment at any other site. "Maintenance dredging" is defined in the Interpretation in section 3 of the Plan.

Disturbance of foreshore and seabed, including any associated deposition of natural material and diversion of water, which:

(1) is carried out for the purpose of realignment of the Waikanae River;

(2) is undertaken when the trigger level defined in Table 7.1 (below) is equalled or exceeded

is a controlled activity provided it complies with the standards and terms specified below.

Standards

(1) The foreshore is not disturbed to a depth greater than that required to divert the stream flow.

(2) Public access is not restricted to an extent or for a period greater than necessary to complete the cutting operation.

(3) No contaminants shall be released to land or water from equipment being used for the cutting operation, and no refuelling may take place on any area of foreshore or seabed.

(4) Any material excavated shall be placed on the immediately adjacent foreshore area, and no material shall be removed from the site.

(5) All equipment and materials used for the cutting operation shall be removed from the site on completion of the operation.

(6) The activity shall comply with the general standards listed in section 14.1.

Terms

(1) The Manager, Consents and Investigations, Wellington Regional Council, shall be notified at least 24 hours before any cutting operation commences.

(2) The Regional Conservator, Department of Conservation, shall be notified at least 24 hours before any cutting operation commences.

(3) The activity shall comply with the general terms listed in section 14.2.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent and the number of cutting operations allowed; and

(2) the information and monitoring requirements; and

(3) the timing of any cutting operation; and

(4) the equipment to be used for the cutting operation; and

(5) the Administrative Charges payable.

Table 7.1 Trigger levels for river and stream mouth cutting in accordance with rules 30 and 34

Disturbance and damage of foreshore and seabed associated with dredging river mouth areas for river management purposes, including any associated discharge of water or contaminants, but excluding the dumping of dredged material, which:

is a controlled activity provided it complies with the standards and terms listed below.

Standards

(1) The activity shall be undertaken in a manner which minimises water turbidity.

(2) The activity shall comply with the general standards listed in section 14.1.

Terms

(1) The person undertaking the activity shall at all times throughout the period when dredging occurs, pay to the consent authority, on behalf of the Crown, any sum of money required to be paid by regulation made under section 360(1)(c) of the Act.

(2) The activity shall comply with the general terms listed in section 14.2.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent; and

(2) the information and monitoring requirements; and

(3) the Administrative Charges payable; and

(4) the method of dredging; and

(5) the depth of dredging; and

(6) the frequency and timing of dredging; and

(7) the volume of material removed.

Disturbance and damage of foreshore and seabed for the purpose of removal of sand, shingle, shell or other material associated with maintenance dredging outside the Commercial Port Area and Lambton Harbour Development Area is a controlled activity provided it complies with the standards and terms specified below:

Standards

(1) The activity shall comply with the general standards listed in section 14.1.

Terms

(1) The activity shall comply with the general terms listed in section 14.2.

(2) The Hydrographer of the Royal New Zealand Navy shall be notified when consent is granted, when the dredging commences and when the dredging is completed.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent; and

(2) the information and monitoring requirements; and

(3) the administrative charges payable; and

(4) the method of dredging; and

(5) the depth of any dredging that occurs in the Hutt Valley Aquifer Zone; and

(6) the amount and nature of any contaminants that may be released.

Note: For the avoidance of doubt, this rule applies only to disturbance associated with the removal of sediment from the sea floor, and not to any dumping or other form of release of any sediment at any other site.

Major disturbance of foreshore and seabed (excavate, drill, move, tunnel etc.), including any removal of sand, shell or shingle outside the Lambton Harbour Development Area, Commercial Port Area, Harbour Entrance or Hutt River Mouth

Any activity involving, in any 12 month period, disturbance, other than for maintenance dredging, of foreshore and seabed, including any removal of sand, shell or shingle, or other material:

(1) in volumes greater than 50,000 cubic metres; or

(2) extracted from areas equal to or greater than 4 hectares; or

(3) extending 1000 metres of more over foreshore or seabed; and

(4) proposed for an area of the coastal marine area outside any Area of significant conservation value or outside the Commercial Port Area, Lambton Harbour Development Area (PDF 86 KB) , Harbour Entrance Area, or Hutt River mouth is a discretionary activity.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified when consent is granted, when dredging commences and when work is completed.

For the purpose of this clause, maintenance dredging means any dredging of the bed of the sea necessary to maintain water depths to previously approved levels, for the safe and convenient navigation of vessels, in navigation channels and at berthing and mooring facilities, including marina developments.

Major disturbance of foreshore and seabed (excavate, drill, move, tunnel etc.), including any removal of sand, shell or shingle within the Lambton Harbour Development Area, Commercial Port Area, Harbour Entrance or Hutt River Mouth Area

Any activity involving, in any 12 month period, disturbance, other than for maintenance dredging, of foreshore and seabed, including any removal of sand, shell or shingle, or other material:

(1) in volumes greater than 300,000 cubic metres; or

(2) extracted from areas equal to or greater than 10 hectares; or

(3) extending 10,000 metres of more over foreshore or seabed; and

(4) proposed for an area of the coastal marine area within the Commercial Port Area, Lambton Harbour Development Area, Harbour Entrance Area, or Hutt River mouth area [these maps can be downloaded from Rule 37]

is a discretionary activity.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified when consent is granted, when dredging commences and when work is completed.

For the purpose of this clause, maintenance dredging means any dredging of the bed of the sea necessary to maintain water depths to previously approved levels, for the safe and convenient navigation of vessels, in navigation channels and at berthing and mooring facilities, including marina developments.

Disturbance of foreshore and seabed (excavate, drill, move, tunnel etc.), including any removal of sand, shell or shingle in Areas of Significant Conservation Value

Any activity involving, in any 12 month period, disturbance, other than for maintenance dredging, of foreshore and seabed, including removal of sand, shell or shingle, or other material which:

(1) is not for maintenance dredging and/or for maintaining the outlets of Lake Onoke or the Waikanae River as provided for in rules 30 and 34; and

(2) is proposed for any Area of Significant Conservation Value; and

(3) (a) is of greater than 50,000 cubic metres in volume; or

(b) is extracted from areas equal to or greater than 4 hectares; or

(c) extends 1000 metres or more over foreshore or seabed

is a non-complying activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified when consent is granted, when dredging commences and when work is completed.

For the purpose of this clause, maintenance dredging means any dredging of the bed of the sea necessary to maintain water depths to previously approved levels, for the safe and convenient navigation of vessels, in navigation channels and at berthing and mooring facilities, including marina developments.

Other activities involving the destruction, damage, or disturbance of foreshore or seabed outside Areas of Significant Conservation Value

Any activity involving the destruction, damage, or disturbance of any foreshore or seabed:

(1) that is not specifically provided for in rules 28 - 39 or rule 43 or any other rules in this Plan; or

(2) which cannot meet the requirements of those rules

is a discretionary activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified at the time permission is given and at commencement of the work, and when the destruction, damage or disturbance of foreshore or seabed is complete.

Dredging in the Hutt River mouth area for river mouth management purposes including any removal of sand, shell or shingle

Any activity involving, in any 12 month period, disturbance, of foreshore and seabed, for the purposes of maintaining the Hutt River mouth for river management, including any removal of sand, shell or shingle, or other material:

(1) In volumes less than 300,000 cubic metres; or

(2) extracted from areas equal to or greater than 4 hectares; or

(3) extending 1000 metres of more over foreshore or seabed

is a discretionary activity.

Major disturbance of foreshore and seabed (excavate, drill, move, tunnel, etc) including the removal of sand, shell or shingle or other material

Any activity involving, in any 12 month period, disturbance, other than for maintenance dredging, of foreshore and seabed, including any removal of sand, shell, shingle or other material.

(1) in the Commercial Port Area, the Lambton Harbour Development Area, or the Harbour Entrance Area; 

(2) in volumes less than 300,000 cubic metres; and

(3) extracted from areas equal to or less than 10 hectares; and

(4) extending 10,000 metres or less over foreshore or seabed

is a discretionary activity provided it complies with the standards specified below.

Standards

(1) The activity shall be undertaken in a manner which minimises water turbidity as far as is reasonably practicable.

(2) The activity shall comply with the general terms listed in section 14.1.

Other activities involving the destruction, damage or disturbance in Areas of Significant Conservation Value

Any activity involving the destruction, damage or disturbance of foreshore or seabed:

• that is not specifically provided for in Rules 28-40; or
• which cannot meet the requirements of those Rules; and
• is proposed for any Area of Significant Conservation Value

is a non-complying activity and shall comply with the terms below.

Terms

The Hydrographer of the Royal New Zealand Navy shall be notified at the time permission is given and at commencement of the works, and when the destruction, damage or disturbance of foreshore or seabed is complete.

The deposition of wind blown sand, shell or other natural material directly onto any foreshore provided that:

(1) the material to be deposited is substantially clean and has been derived from the beach where it is to be deposited;

is a Permitted Activity provided it complies with the conditions below.

Conditions

(1) The activity shall comply with the general standards listed in section 14.1 .

The deposition of any sand, shingle, shell, or other natural material directly onto any foreshore which:

(1) is for the purpose of combating beach or shoreline erosion or improving the amenity of value of the foreshore;

is a Controlled Activity provided it complies with the standards and terms specified below.

Standards

(1) The material to be deposited is clean.

(2) The deposition will not cause any significant adverse effects on marine fauna or flora, or human values or uses of the area.

(3) The activity shall comply with the general standards listed in section 14.1.

Terms

(1) The activity shall comply with the general terms listed in section 14.2.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent; and

(2) the information and monitoring requirements; and

(3) the administrative charges payable; and

(4) the composition of the material to be deposited; and

(5) the volume of material to be deposited; and

(6) any measures necessary to prevent the loss of deposited material through wind erosion.

Any activity involving the depositing of any material on any foreshore or seabed, (other than for beach nourishment as provided for by Rule 45) which is:

(1) in quantities greater than 50,000 cubic metres in any 12 month period; and

(2) is proposed for an area of the coastal marine area outside any Area of Significant Conservation Value;

is a Discretionary activity and shall comply with the terms below.

Terms

(1) The Hydrographer of the Royal New Zealand Navy shall be notified when consent is granted, when deposition commences and when work is completed.

Any activity involving the depositing of any material on any foreshore or seabed (other than for beach nourishment as provided for by Rule 45) which:

(1) is in quantities greater than 50,000 cubic metres in any 12 month period; and

(2) is proposed for any Area of Significant Conservation Value;

is a Non-complying activity and shall comply with the terms below.

Terms

(1) The Hydrographer of the Royal New Zealand Navy shall be notified when consent is granted, when deposition commences and when work is completed.

Other activities involving the deposition of sand, shingle, shell, or other natural material on foreshore or seabed outside Areas of Significant Conservation Value

Any activity involving the deposition of sand, shingle, shell or other natural material on any foreshore or seabed:

(1) that is not specifically provided for in Rules 44-47 or any other rules in this Plan; or

(2) which cannot meet the requirements of those rules;

is a Discretionary Activity and shall comply with the terms below.

Terms

(1) The Hydrographer of the Royal New Zealand Navy shall be notified at the time permission is given and at commencement of the work, and which the deposition is complete.

Other activities involving the deposition of sand, shingle, shell, or other natural material on foreshore or seabed in Areas of Significant Conservation Value

Any activity involving the deposition of sand, shingle, shell or other natural material on any foreshore or seabed:

• that is not specifically provided for in Rules 44 - 48; or
• which cannot meet the requirements of those Rules; and
• is proposed for any Area of Significant Conservation Value;

is a Non-complying Activity and shall comply with the terms below.

Terms

(1) The Hydrographer of the Royal New Zealand Navy shall be notified when consent is granted, when deposition commences and when work is complete.

Any discharge of stormwater onto land or into water in the coastal marine area from any motorway, road, street, railway line, roof, yard, paved surface, breakwater, jetty, wharf, boat shed, or any other structure is a Permitted Activity, provided it complies with the conditions specified below.

Conditions

(1) The discharger shall adopt the best practicable option to ensure that after reasonable mixing the stormwater discharged will not give rise to all or any of the following effects:

• the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials;
• any conspicuous change in the colour or visual clarity;
• any emission of objectionable odour;
• the rendering of fresh water unsuitable for consumption by farm animals;
• any significant effects on aquatic life.

(2) The stormwater collection systems and pipelines will be constructed and maintained in an efficient operating condition.

(3) The stormwater shall be discharged at a rate that does not cause significant erosion.

Note: discharges from ships are now controlled by the Resource Management (Marine Pollution) Regulations 1998.

The discharge of engine exhausts, heat, clean bilge water, clean ballast water, water from any onboard sink or dishwasher, shower, laundry, bath or washbasin deck wash or water onto land or into water in the coastal marine area associated with the operational needs of any ship is a Permitted Activity, provided it complies with the conditions below.

Conditions

(1) The contaminant or water discharged (either by itself or when combined with the same, similar, or other contaminants or water) will not give rise, after reasonable mixing, to all or any of the following effects:

• the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials;
• any conspicuous change in the colour or visual clarity;
• any emission of objectionable odour;
• any rendering of fresh water unsuitable for consumption by farm animals;
• any significant effects on aquatic life.

Note: discharges from ships and offshore installations are now controlled in the Resource Management (Marine Pollution) Regulations 1998.

The discharge of offal, food wastes, sewage, bilge water (other than that referred to in Rule 54), onto land or into water in the coastal marine area associated with the operational needs of any ship is a Permitted Activity, provided it complies with the conditions below.

Conditions

(1) There is no discharge within 200 metres of the shore.

(2) The contaminant or water discharged (either by itself or when combined with the same, similar, or other contaminants or water) will not give rise, after reasonable mixing, to all or any of the following effects:

• the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials;
• any conspicuous change in the colour or visual clarity;
• any emission of objectionable odour;
• any rendering of fresh water unsuitable for consumption by farm animals;
• any significant effects on aquatic life.

The discharge of

• fresh water (other than stormwater covered by Rule 53); or
• coastal water, which is discharged at a location immediately adjacent from where it was taken;

into water in the coastal marine area is a Permitted Activity, provided it complies with the conditions below:

Conditions

(1) The discharge (either by itself or when combined with the same, similar or other discharges) will not give rise, after reasonable mixing, to all or any of the following effects:

• the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials;
• any conspicuous change in the colour or visual clarity;
• any emission of objectionable odour;
• any rendering of fresh water unsuitable for consumption by farm animals;
• any significant effects on aquatic life;
• any discernible change in temperature.

(2) The discharge shall not contain any antibiotics, fungicides, algacides, or synthetic growth stimulants.

Discharges (other than human sewage) with significant adverse effects outside any Area of Significant Conservation Value

Any discharge onto land or into water in the coastal marine area outside any Area of Significant Conservation Value which is not a permitted activity described in Rules 53-56 and which is a discharge of the type referred to in section 107(2)(a) of the Resource Management Act 1991 is a Discretionary activity.

Discharge of human sewage (except from vessels) outside any Area of Significant Conservation Value.

Except within an Area of Significant Conservation Value, any discharge of human sewage to the coastal marine area (except from vessels) which has not passed through soil or wetland is a Discretionary activity.

Discharges (other than human sewage) with significant adverse effects within any Area of Significant Conservation Value

Any discharge onto land or into water in the coastal marine area within any Area of Significant Conservation Value which is not a permitted activity described in Rules 53-56 and which is a discharge of the type referred to in section 107(2)(a) of the Resource Management Act 1991 is a Non-complying activity.

Discharge of human sewage (except from vessels) within any Area of Significant Conservation Value

Any discharge of human sewage onto land or into water in the coastal marine area within any Area of Significant Conservation Value, other than normal discharge from vessels, which has not passed through soil or wetland is a Non-complying activity.

Other activities involving discharges to land and water outside Areas of Significant Conservation Value

Any discharge of a contaminant or water onto land or into water in the coastal marine area, outside any Area of Significant Conservation Value:

• not provided for in Rules 53-60 or 62 or any other rules in this Plan; or
• which cannot meet the requirements of those rules;

is a Discretionary Activity.

Other activities involving discharges to land and water in Areas of Significant Conservation Value

Any discharge of a contaminant or water onto land or into water in the coastal marine area in any Area of Significant Conservation Value:

• that is not specifically provided for in Rules 53-61; or
• which cannot meet the requirements of those Rules;

is a Non-complying Activity.

Note: discharges from ships are now controlled by the Resource Management (Marine Pollution) Regulations 1998.

Except as provided in Rule 68, any discharge of dust, vapour, particulate matter or other contaminants to air in the coastal marine area from ships, or during the transfer of hydrocarbons to or from ships is a Permitted Activity, provided that the activity complies with the conditions specified below.

Conditions

(1) The discharge shall not result in odour, gas, vapour or aerosols which are noxious, dangerous, offensive or objectionable to other users of the coastal marine area or adjoining land users as a result of its frequency, intensity or, duration.

(2) The activity shall comply with the general standards listed in section 14.1.

This Rule shall cease to have effect when any regulations, made under section 360(1)(hd) of the Resource Management Act 1991 (as amended by the Resource Management Amendment Act 1994) come into force.

Except as provided in Rules 63 or 65, any discharge of dust, vapour, particulate matter or other contaminants to air in the coastal marine area from the handling of cargo, associated service vehicles within the Commercial Port Area or during the transfer of hydrocarbons to or from ships is a Permitted Activity, provided that the activity complies with the conditions specified below.

Conditions

(1) The discharge shall not result in odour, dust, gas, vapour or aerosols which are noxious, dangerous, offensive or objectionable to such an extent that it has or likely to have an adverse effect on the environment.

(2) The activity shall comply with the general standards listed in section 14.1.

Any activity which results in the discharge of dust, particulate matter, or other contaminants to air in the coastal marine area which:

• is associated with the construction, maintenance, repair, alteration or reconstruction of a structure;

is a Permitted Activity provided the activity complies with the conditions specified below.

Conditions

(1) The discharge shall not result in dust which is offensive or objectionable to such an extent that it has or is likely to have an adverse effect on the environment.

(2) The activity shall comply with the general standards listed in section 14.1.

The venting of drainage systems, not including the venting of trade waste or sewage conveyance systems, is a Permitted Activity provided that the discharge complies with the conditions specified below.

Conditions

(1) The discharge shall not result in odour, gas, vapour or aerosols which are noxious, dangerous, offensive or objectionable to other users of the coastal marine area or adjoining land users as a result of its frequency, intensity or duration.

Any discharge of a contaminant to air in the coastal marine area in association with the flaring of hydrocarbons from hydrocarbon exploration which:

(1) is 1000 metres or more offshore; and

(2) is not within any estuary, inlet, harbour or embayment; and

(3) is for a period not exceeding 1000 hours of (cumulative) flaring per well; and

(4) is not located under the Wellington International Airport Height Restriction contours shown in Planning Map 7 in Appendix 7 (PDF 587 KB) ; and

(5) does not involve combustion of any non-hydrocarbon;

is a Permitted Activity provided it complies with the conditions specified below.

Conditions

(1) The activity shall comply with the general standards listed in section 14.1.

Any activity which results in the discharge of dust or other particles or contaminants from an industrial or trade premises located in the coastal marine area, or in association with the flaring of hydrocarbons, to air in the coastal marine area, outside any Area of Significant Conservation Value:

• which is not provided for in, or prohibited by, Rules 63-70 or 72; or
• which cannot meet the requirements of those rules;

is a Discretionary Activity.

Any activity which results in a discharge of dust or other particles or contaminants to air located in the coastal marine area, in an Area of Significant Conservation Value:

• that is not specifically provided for in Rules 63-71; or
• which cannot meet the requirements of those Rules;

is a Non-complying Activity.

Any activity involving the taking or use of water, other than water found in any river, stream, estuary, lake or aquifer in the coastal marine area is a Permitted Activity, provided that the activity complies with the conditions specified below.

Conditions

(1) The activity shall comply with the general standards listed in section 14.1.

Any activity involving the taking or use of water for the operational needs of vessels in the coastal marine area is a Permitted Activity, provided that the activity complies with the conditions specified below.

Conditions

(1) The water is to be taken directly onto the vessel which has an operational need for it.

(2) The activity shall comply with the general standards listed in section 14.1.

Any activity involving the taking or use of water from the Otaki, Waikanae, or Hutt Rivers, or their estuaries, or from any part of Lake Onoke, not exceeding 3000 cubic metres per day is a Controlled Activity provided it complies with the standards and terms specified below.

Standards

(1) The activity shall comply with the general standards listed in section 14.1.

Terms

(1)The activity shall comply with the general terms listed in section 14.2.

Control

The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent; and

(2) the information and monitoring requirements; and

(3) the administrative charges payable; and

(4) the rate at which the water is taken.

Other taking, use, damming, or diversions of water outside any Areas of Significant Conservation Value

Any activity involving the taking, use, damming, or diversion of water from the coastal marine area, other than open coastal water, outside any Areas of Significant Conservation Value:

(1) which is not specifically provided for in Rules 73-75 or 77 or any other rules in this Plan; or

(2) which cannot meet the requirements of those rules;

is a Discretionary Activity.

Any taking, use, damming, or diversion of water in Areas of Significant Conservation Value

Any activity involving the taking, use, damming, or diversion of water from the coastal marine area, other than open coastal water, in any Area of Significant Conservation Value:

• that is not specifically provided for in 73-76; or
• which cannot meet the requirements of those Rules;

is a Non-complying Activity.

Any activity on any foreshore or on the surface of the water in the coastal marine area which:

• does not require exclusive occupation except where the exclusive occupation is expressly allowed by a coastal permit or by a deemed coastal permit; and
• is not specifically provided for in any other rule in this plan;

is a Permitted Activity provided it complies with the conditions specified below.

Conditions

(1) The activity shall comply with the general standards listed in section 14.1.

(2) Any direct disturbance of the foreshore or seabed is removed by two high tides.

The holding of horse races on Castlepoint Beach and Paraparaumu Beach for up to 2 days in any 12 month period is a Permitted Activity, provided that the activity complies with the conditions specified below.

Conditions

(1) The public are notified about the proposed activity and any associated restrictions on use of the area at least 7 days prior to the activity commencing.

(2) There is consultation with the territorial authority which administers the adjacent land area.

(3) Provisions are made to protect public safety.

(4) Sufficient toilet facilities are provided.

(5) Any rubbish or other material resulting from the activity is removed from the foreshore within 48 hours of the completion of the activity.

Temporary military training activities on the foreshore or the surface of the water which:

• require exclusive occupation; and
• do not disturb foreshore or seabed unless such disturbance is expressly allowed by a rule in this Plan or by a resource consent;

is a Permitted Activity provided it complies with the conditions specified below.

Conditions

(1) The public are notified about the proposed activity and any associated restrictions on use of the area at least 7 days prior to the activity commencing.

(2) The duration of the activity does not exceed 30 days.

(3) The activity complies with the general standards listed in section 14.1.

The driving or riding or parking of any motor vehicle, motorcycle, trailer, or land yacht on any foreshore for any purpose, provided that:

(1) the activity is not a prohibited activity in accordance with Rule 82, or a discretionary activity in accordance with Rule 83;

is a Permitted Activity provided it complies with the conditions specified below.

Conditions

(1) The vehicle, motorcycle, trailer, or land yacht is used in such a manner that does not:

• constitute a safety hazard to other users of the foreshore; and
• involve acceleration or turning in a tight radius at such a speed that results in unnecessary spraying of sand or other material from the wheels of the vehicle, motorcycle, trailer, or land yacht.

(2) The activity shall comply with the general standards listed in section 14.1.

Within the following area:

• the foreshore in the centre of Titahi Bay between 122 metres south of Bay Drive to 279 metres south of Toms Road; and
• any part of the remaining foreshore at Titahi Bay where any fossil forest is exposed;

the driving or riding or parking of any motor vehicle, motorcycle, trailer, or land yacht for any purpose is a Prohibited Activity and no resource consent shall be granted; provided that this Rule shall not apply to:

(1) any motor vehicle or tractor used in association with surf lifesaving or rescue activities; or

(2) any motor vehicle used for litter removal or dog control; or

(3)any motor vehicle used for beach grooming or clearance of piped stormwater outfalls, maintenance of lawful structures, or other activities permitted by this Plan; or

(4) any motor vehicle or motorcycle driven by an enforcement officer when undertaking their duties.

Within the following areas:

• the foreshore between Paekakariki at NZMS 260 R26 730 211 and the southern bank of the Waikanae River;
• the foreshore between Pukerua Bay at NZMS 260 R26 695 180 and the southern part of the Whitireia Reserve at NZMS 260 R26 642 105, including all of Porirua Harbour and Pauatahanui Inlet;
• the foreshore from Lyall Bay at NZMS 260 R27 599 844 to Point Arthur at NZMS 260 R27 677 872;
• the foreshore at Riversdale extending southward from the Riversdale Beach Surf Club at NZMS 260 T27 683 085 to a point at NZMS 260 T27 678 074;
• the foreshore at Castlepoint between NZMS 260 U26 813 294 and NZMS 260 U26 818 288; and
• between 9.30pm on any day and 5.00am on the next day, the foreshore at Titahi Bay that is not included in Rule 82;

the driving or riding or parking of any motor vehicle, motorcycle, trailer, or land yacht for any purpose is a Discretionary Activity (restricted), provided that this Rule shall not apply to:

(1) any motor vehicle moving to or from the edge of the water for the purpose of launching a vessel, or removing a vessel from the water, and that vehicle moves across the foreshore to or from the nearest formed access by the shortest practicable route;

(2) any motor vehicle or tractor used in association with surf lifesaving or rescue activities;

(3) any motor vehicle used for litter removal or dog control;

(4) any motor vehicle used for beach grooming or re-contouring, clearance of piped stormwater outfalls, maintenance of lawful structures, or other activities permitted by this Plan;

(5) any motor vehicle or motorcycle driven by an enforcement officer when undertaking their duties;

(6) any vehicles directly associated with the horse races allowed by Rule 79; or

(7) for Titahi Bay, any motor vehicle, trailer or tractor owned, leased or operated by a registered boatshed owner in the Porirua City Council’s Titahi Bay Boatshed Owners Register.

Discretion

The matters over which the Wellington Regional Council shall exercise its discretion are:

(1) the duration of the consent; and

(2) the timing, duration, speed and route of travel of the motor vehicle, motorcycle, trailer, or land yacht on the foreshore; and

(3) the information and monitoring requirements; and

(4) the administrative charges payable.

Any activity involving occupation of the coastal marine area which:

(1) would exclude or effectively exclude public access from areas of the coastal marine area over 10 hectares (except where such exclusion is required in commercial port areas for reasons of public safety or security); or

(2) would exclude or effectively exclude the public from more than 316 metres along the length of the foreshore; or

(3) would involve occupation or use of areas greater than 50 hectares of the coastal marine area and such occupation or use would restrict public access to or through such areas;

is a Discretionary activity.

Any activity on any foreshore or on the surface of the water in the coastal marine area outside any Area of Significant Conservation Value that:

(1) does not change the physical environment; and

(2) is not specifically provided for in, or prohibited by, Rules 78-84 or 86, or cannot meet the requirements of those Rules;

is a Discretionary Activity.

Any activity on any foreshore or on the surface of the water in the coastal marine area that:

(1) does not change the physical environment; and

(2) is not specifically provided for in Rules 78-85, or cannot meet the requirements of those Rules; and

(3) is proposed for any Area of Significant Conservation Value

is a Non-complying Activity.

Adequate provision shall be made to ensure that the activity does not compromise public safety.

(1) All exterior lighting associated with the activity shall be managed so as to avoid the spill of light or glare that might be:

• detrimental to other users; or
• detrimental to wildlife; or
• a hazard to traffic safety on streets outside the coastal marine area; or
• a hazard to navigation in the coastal marine area;

unless such lighting is necessary for reasons of public safety or operational safety.

The following noise standards shall apply to activities permitted or controlled by a rule in this Plan, which are located within the coastal marine area and specifically reference this section within the rule (excluding noise generated within the Commercial Port Area):

(1) the activity will not cause excessive noise (defined in section 326 of the Act) outside the coastal marine area;

(2) between the hours of 7.00 am and 11.00 pm, the noise level (L10) measured at any point on the nearest Residential Area boundary shall not exceed 55dB(A);

(3) between the hours of 11.00 pm and 7.00 am, the noise level (L10) measured at any point on the nearest Residential Area boundary shall not exceed 45dB(A);

(4) single events of noise shall not exceed an Lmax sound level of 75dB(A);

(5) noise shall be measured in accordance with NZ 6802:1999. Levels shall be assessed in accordance with NZS 6802:1991. Any construction activities will meet standards specified in Table 1 of NZS 6803P:198. Helicopter landing areas shall meet the standards specified for residential areas in Table 1 of NZS 6807:1994;

(6) conditions (1) to (4) shall not apply to the following:

(a) noise generated by navigational aids, safety signals, warning devices, or emergency pressure relief valves;

(b) noise generated by emergency work arising from the need to protect life or limb or prevent loss or serious damage to property or minimise or prevent environmental damage;

(7) conditions (2) to (4) shall not apply to temporary military training activities undertaken for defence purposes. Noise emission as a result of temporary military training measured on a line 20 metres from and parallel to the facade of any dwelling used for accommodation or the legal boundary where this is closer to the dwelling or building shall meet the following:

(a) for all activities excluding the use of explosives:

The consent will be subject to all relevant provisions of the Act, its amendments and any regulations made thereunder. It is the obligation of the consent holder to comply with all the statutory requirements relating to the exercise of the consent.

A charge, set in accordance with section 36(2) of the Act, shall be paid to the Wellington Regional Council for carrying out its functions in relation to the administration, monitoring and supervision of the activity, and for carrying out its functions under section 35 (duty to gather information, monitor and keep records) of the Act.

The Port Noise Management Plan, required under general standard 14.1.4B, shall:

(i) State the objectives of the Management Plan.

(ii) Identify all significant noise sources from port related activities within the Commercial Port Areas and Lambton Harbour Development Area.

(iii) Identify the best practical options to ensure the emission of noise does not exceed the noise levels specified in 14.1.4(A)(3).

(iv) Identify techniques that will be considered to reduce the emission of noise over time and indicate which of these techniques will be adopted to achieve the objectives of the Noise Management Plan.

(v) Explain how the port company will take noise effects into account in the design and location of new or extended port activities.

(vi) Identify how the port company will work with independent companies to ensure that transport noise and noise from other activities within the port area will be kept to a minimum practical level.

(vii) Identify procedures for noise reduction through the port company’s staff and contractor training.

(viii) Provide for the establishment and maintenance of a Port Noise Liaison Committee (the port company may provide for this function within the operation of its Environmental Consultative Committee).

(ix) List the Port Noise Liaison Committee functions; and the procedures for the recommendations of the Committee to be considered and determined by the port company.

(x) Detail procedures for receiving and deciding on complaints.

(xi) Detail procedures for noise monitoring, auditing and reporting.

(xii) Include procedures for the review and alteration of the Port Noise Management Plan.