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Proposed Southland District Plan 2012 - Decision Report - Section 4 Definitions r/14/6/8141

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1. Introduction This is the decision report of the proposed District Plan Hearing Committee (the Committee) on submissions and further submissions to Section 4 - Definitions of the proposed Southland District Plan 2012. 2. Hearing on the Definitions section of the proposed District Plan A hearing on the General Submissions, Designations Schedule, Noise, Waste, Hazardous Substances and Contaminated Land and Definitions sections of the plan commenced on 7 July 2014. This is known as Hearing 6 on the Proposed Southland District Plan. The members of the hearing panel who were present to hear the submissions are listed below: • Cr Paul Duffy (Chairperson), • Cr Gavin Macpherson, • Cr Julie Keast, • Cr Lyall Bailey, • Cr Rodney Dobson, • Mr Donald Mowat (iwi representative). The following submitters attended the hearing to speak on their submission: Te Anau Community Board - Alistair Jukes, Clark Fortune McDonald - Murray Fortune, New Zealand Institute of Surveyors - Trish Falconer, Federated Farmers - Tanith Robb, Transpower - Jane West, Alliance - John Kyle, Francis Wise, Department of Conservation - Ken Murray, New Zealand Defence Force - Rob Owen, Malcolm Hunt and Jenny Clafferty, Coal Action Network Aotearoa - Tim Jones, Coal Action Murihiku - Jenny Campbell, Jenny Campbell, Jet Boating New Zealand - Eddie McKenzie, Robina Johnston. Evidence was tabled from: Genesis Energy, Meridian Energy, New Zealand Police, KiwiRail, PowerNet, The Power Company Ltd, AgResearch, H W Richardson Group, New Zealand Transport Agency, Glenda Bell, Chorus and Telecom, NZ Fire Service, Fish & Game, Oil Companies. The minutes from the public section of the hearing are available upon request.

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3. How to read this report The decision reports have been drafted in order of to the sections of the proposed District Plan. This report should therefore be read in conjunction with those other decision reports. Appendix 1 shows the proposed District Plan as amended by the decisions of the Hearings Committee. Section 4 of this report analyses the submissions and further submissions that were received on the plan, and any further information provided at the hearings, and makes a decision on whether to accept or reject the submission. Submitters and their decisions requested are shown in the tables and where there are further submitters these are shown in italics underneath. Evidence tabled at the hearing is directly referred to in this report where the Committee believes it is of particular assistance in understanding the decision requested or the reasons for the panel‟s decision. These references are not intended to be exhaustive and some evidence presented at the hearing may not be directly referred to in this report. All evidence has however, been carefully considered. Aspects of the background information from the Section 42A Officer recommending report have been retained in this report as it provides a more complete picture of what the Committee considered when reaching their decisions. These decisions are given in the context of the relevant statutory requirements whether they are stated explicitly or not. Section 5 of this report is a copy of the section of the plan with amendments to reflect the decisions made in this report on the submission points. Where amendments have been made to the wording of the plan, additions have been shown as underlined, and deletions have been shown as crossed out. It should be noted that there may be consequential amendments to this section of the plan as a result of decisions on other parts of the proposed District Plan.

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Section of the plan on which the submission is made Section number of this report Submitter and their decision requested number Further submitters and their decision requested number

Committee Decision

Reasons for the Decision

Example of Report Format

Policy BIO.2

4.63 Submitter /

Further Submitter Support/

oppose/ neutral Decision

Genesis Power Limited (5.1)

Support in part Accept in part

Decision requested: Amend Policy BIO.2 as follows: Maintain existing ecosystem connections which that support indigenous vegetation and habitats of indigenous fauna, where appropriate, and encourage alternative ecological protection and/or enhancement methods where maintenance is not possible.

TransPower (FS38.5) Support Accept in part

P D Chartres t/a Te Anau Downs, P D Chartres Trust, P D Chartres and F Munster (FS37.14)

Support Accept in part

Federated Farmers (FS14.15)


Reasons An amendment to the wording of the policy has been made to refer to “existing ecosystem connections that support indigenous vegetation…”, however, it is not accepted that the amendment be made to the last part of the policy as proposed by the submitter. The explanation to the policy already provides for the maintenance of biodiversity „where possible‟ which gives some of the clarity the submitter is requesting with the addition of „where appropriate‟ in the policy. It is important that the plan is considered as a whole so that all relevant policies are taken into account.

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Index of Submitters This index of the submitters and further submitters provides references to the relevant section of this report where their submission points have been discussed.

Submitter No.

Submitter Section

244

NZ Institute of Surveyors

4.1, 4.2, 4.4, 4.38, 4.59, 4.62, 4.63, 4.64, 4.65, 4.69, 4.73, 4.78

282 Ralph Moir and Associates 4.3, 4.41

219 M D Cave 4.5

16 Environment Southland 4.6, 4.16, 4.17, 4.31, 4.33, 4.40, 4.52, 4.58, 4.77

263 H W Richardson Group Ltd 4.7

195 Fish & Game

4.8, 4.12, 4.21, 4.34, 4.35, 4.39, 4.67

264

P D Chartres t/a Te Anau Downs, P D Chartres Trust, P D Chartres and F Munster

4.9

268 Federated Farmers 4.9, 4.29, 4.38, 4.47, 4.73

236 Rayonier NZ 4.10, 4.30

240 Fulton Hogan and Southern Aggregates

4.11, 4.68

215 Forest & Bird 4.13, 4.35, 4.55

138 L and H Hansen 4.14

128 Minister of Education 4.15, 4.24

176 The Oil Companies 4.18, 4.20

145 AgResearch 4.70, 4.81

228 Southern DHB 4.76

209 Poultry Industry Association and Egg Producers Federation

4.38, 4.56, 4.57, 4.75

120 New Zealand Defence Force 4.72

100 Radio New Zealand 4.48, 4.54

267 New Zealand Wind Energy Association 4.60, 4.66, 4.80

108 NZ Historic Places Trust 4.23

98.15, 199.141

Chorus

Telecom

4.22, 4.51, 4.53, 4.71

217 Southland District Council 4.19, 4.37

190 Transpower NZ Ltd 4.26, 4.44, 4.49, 4.61, 4.73, 4.74

21 Pioneer Generation Ltd 4.25, 4.27, 4.46, 4.79

160 Fonterra 4.28

222 Fertiliser Association of New Zealand 4.32

238 NZTA 4.36, 4.50

241 PowerNet 4.42

184 Meridian Energy Ltd 4.43

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5 Genesis Power Ltd 4.45

248 Clark Fortune McDonald and Associates

4.73

Index of Further Submitters

Submitter No.

Submitter Section

FS33 Forest & Bird 4.9, 4.25, 4.29, 4.43, 4.47, 4.77

FS21 NZ Farm Forestry Association 4.10

FS40 South Wood Export Ltd 4.10, 4.55, 4.76

FS9 Meridian Energy Ltd 4.13, 4.52, 4.55, 4.79

FS37 P D Chartres t/a Te Anau Downs, P D Chartres Trust and P D Chartres and F Munster

4.55, 4.77

FS15

PowerNet Ltd 4.52

FS27

Radio New Zealand 4.5, 4.22, 4.25, 4.36, 4.38, 4.52, 4.53, 4.58, 4.59, 4.61, 4.63,

FS38 Transpower NZ Ltd

4.5, 4.22, 4.27, 4.28, 4.29, 4.44, 4.45, 4.52, 4.54, 4.61, 4.73, 4.74

FS5 Rayonier NZ 4.54, 4.55, 4.57

FS43 Fish & Game 4.69

FS34 Environment Southland 4.62

FS14 Federated Farmers 4.55, 4.61, 4.73

FS16 H W Richardson Group Ltd 4.68

FS39 Department of Conservation 4.29

FS31 AgResearch 4.38

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4. Analysis of Submissions

The following is an analysis of the submissions received, ordered by the text included in the Definitions section of the proposed plan.

Accessory Building

4.1 Submitter /

Further Submitter

Support/oppose/neutral Decision

NZ Institute of Surveyors (244.76) Oppose Accept in part

Decision requested: Not stated. It is considered the submitter is requesting the following:

That the following statement from the operative District Plan be included: “An accessory building includes a freestanding garage, but not a garage which is structurally part of or attached to the principal building on site.”

Reasons The submitter has noted that the definition of accessory building is unclear and the explanation in respect of attached garage has been removed. The submission point is accepted in part and the plan text is amended to clarify further what an accessory building is intended to cover. Additional guidance is provided regarding where no buildings exist on-site to resolve interpretation issues that have occurred under the operative plan definition. At the hearing the submitter further questioned the clarity of the definition. As a result of those discussions the submitter indicated their acceptance of the definition proposed below.

The proposed new definition is as follows:

Accessory Building: Means a building associated with a dwelling house (whether the dwelling house exists or not). This includes but is not limited to: a garage, carport, tool shed, playroom, glasshouse, swimming pool, spa pool and sleepout.

Boundary Adjustment

4.2 Submitter /

Further Submitter



Decision requested: Include a degree of flexibility in the definition such as 10% decrease on smallest existing lot prior to the subdivision.

Reasons The submitter requests that a degree of flexibility should be included in this definition. At the hearing the submitter presented further evidence regarding the manner in which current boundary adjustments are undertaken. The Committee has considered this and accepts that the definition would need to be amended to provide for the manner in which current boundary adjustment survey is undertaken. The Committee has therefore determined to accept the submission in part and has developed a new definition as follows: Boundary Adjustment: Means a subdivision to adjust the boundaries between adjoining titles where no additional titles are created.

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4.3 Submitter /

Further Submitter


Ralph Moir and Associates (282.15)

Oppose Accept in part

Decision requested: Amend the wording as follows:

“No lot shall be created that is more than 10% smaller than the smallest existing lot prior to the subdivision.”

Reasons For the reasons outlined in Section 4.2 above, the submission point has been accepted in part.

Breeding Kennels (new)

4.4 Submitter /

Further Submitter


NZ Institute of Surveyors (244.85) Oppose Reject

Decision requested: Include definition for breeding kennels.

Reasons The submitter notes that breeding kennels have been excluded from the definition of “Animal Boarding Activity” but have not been defined themselves. This submission point is rejected as there is no reference to breeding kennels within the rules framework to necessitate such a definition being incorporated. These activities would fall to be considered under the default rules of the relevant zone if not specifically provided for.

Building

4.5 Submitter /

Further Submitter


M D Cave (219.9) Oppose Reject

Decision requested: Rewrite the building definition as follows:

“Building shall have the same meaning as in the Building Act 2004, that are:

1. Fences or walls not used for any sign or for any other purpose other than as a fence, retaining wall or wall, over 2.5 metres in height above ground level.

2. Structures more than 10 square metres in area and in addition more than 2.5 metres above ground level.

3. Radio and television aerials that are more than 5 metres above ground level.

4. Masts and poles more than 12 metres above ground level in the Rural Zone and more than 9 metres in the Urban Zone.”

Radio New Zealand (FS27.41) Oppose Accept

Transpower (FS38.47) Oppose Accept

Reasons The submitter opposes the definition as they consider it is too wide in scope. The submitter notes that it basically includes any structure whatsoever, and is not limited to that intended for occupation by people, animals, machinery or chattels. The definition of “building” as drafted aligns with the Building Act 2004. From a Council perspective, this provides for consistency when undertaking duties under both the

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Building Act and Resource Management Act. As an example, the Council‟s Resource Management Department assesses building consent applications lodged with Council‟s Building Control Department for compliance with the District Plan. The definition provides a number of exclusions as does the definition of “building” under the Building Act. The rules within the District Plan provide for which „buildings‟ require consent and which are permitted. It is considered that the submitter was primarily concerned with the application of the regulatory framework relating to the Visual Amenity Landscapes - which originally as notified required resource consent for any “building” constructed in the overlay. This regulatory framework has been extensively reviewed to provide a significantly more permissive approach, and it is considered that this may resolve some of the submitters concerns. These matters are addressed in the Rural and Natural Features and Landscape sections decision report. Radio New Zealand considered the notified definition of the word “building” to be preferable, in terms of the range of structures to be captured by the definition. Radio New Zealand also considered that there are some typographical issues with the submitter‟s definition. Transpower prefers the definition as notified, which excludes the support structures for electricity lines. Transpower also has an interest in the definition of building for how the provisions of the plan give effect to Policies 10 and 11 of the NPSET. For these reasons this submission point is rejected and the two further submission points opposing M D Cave‟s submission are accepted.

Cleanfill

4.6 Submitter /

Further Submitter


Environment Southland (16.96) Support Accept in part

Decision requested: That the definition of cleanfill be retained.

Reasons The submitter supports the definition of cleanfill and this submission point is accepted in part as amendments have been made to align this definition to that of the submitter‟s Regional Water Plan (please note Environment Southland‟s legal name is Southland Regional Council).

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4.7 Submitter /

Further Submitter


H W Richardson Group Ltd

(263.17)

Oppose in part Accept in part

Decision requested: That the definition of “Cleanfill” be amended as follows:

Cleanfill: Means any material that when buried will have no or minimal adverse effect on people or the environment. Cleanfill material includes virgin natural materials such as clay, soil and rock and other inert materials from construction or demolition activities such as concrete or brick that are free of:

1. Combustible, putrescibles, degradable or leachable components.

2. Hazardous substances.

3. Products or materials derived from the treatment, stabilisation or disposal of hazardous waste; and waste treatment, hazardous waste stabilisation or hazardous waste disposal practices.

4. Materials that may present a risk to human or animal health such as medical and veterinary waste, asbestos or radioactive substances.

5. Liquid waste.

Reasons The submitter notes that the definition of cleanfill should be consistent with the Regional Council definition which has recently been the subject of a plan change to the Regional Water Plan which is now operative. The submission is accepted in part as the definition has been slightly amended since this submission was made on the proposed District Plan. The proposed amendments to the definition in the proposed plan as notified are minor in nature and provide further clarification as to the nature of cleanfill. These are considered to assist plan users in determining what is acceptable as cleanfill and what is not. The definition therefore reads as follows: Cleanfill: Means any material that when buried will have no or minimal adverse effect on people or the environment. Cleanfill material includes virgin natural materials such as clay, soil and rock and other inert materials from construction or demolition activities such as concrete or brick that are free of: 1. Combustible, putrescibles, degradable, compostable or leachable components

(eg animal carcasses, green/garden waste, timber, bark, cork, tree roots, new asphalt);

2. Hazardous substances (eg coal tar, or asbestos); 3. Products or materials derived from the treatment, stabilisation or disposal of

hazardous waste; and waste treatment, hazardous waste stabilisation or hazardous waste disposal practices;

4. Materials that may present a risk to human or animal health such as medical and veterinary waste, asbestos or radioactive substances;

5. Liquid waste (including sludges).

4.8 Submitter /

Further Submitter


Fish & Game (195.79) Support Accept in part

Decision requested: Retain definition of cleanfill as drafted.

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Reasons The submitter supports the definition of cleanfill and this submission point is accepted in part as minor amendments to the definition have been made.

Clearance, Modification or Removal of Indigenous Vegetation

4.9 Submitter /

Further Submitter


P D Chartres t/a Te Anau Downs, P D Chartres Trust, P D Chartres and F Munster (264.63)

Oppose Reject

Decision requested: Remove “grazing” from the definition.

Submitter /

Further Submitter


Federated Farmers (268.111) Oppose Reject

Decision requested: Delete reference to grazing from the definition.

Forest & Bird (FS33.50) Oppose Accept

Reasons The two submitters oppose the inclusion of grazing in the definition of “Clearance, Modification or Removal of Indigenous Vegetation” as it would impose too many restrictions. The submitters are concerned that the ability to undertake grazing will give rise to considerable negative repercussions for farming operations. Federated Farmers notes that it would be preferable for Council to provide reasonable workable rules to avoid the need to rely upon the uncertain process of proving existing use rights. This rule, as written, would require resource consent for the grazing of or access to any indigenous vegetation as this is an intermittent activity that occurs irregularly. It will also require fencing of any remnant to ensure compliance with the proposed rule and definition. The further submitter opposes the Federated Farmers‟ submission and seeks to retain the definitions as currently worded. It is accepted that the inclusion of grazing in the definition may capture a wider range of activities than anticipated, as it is only intended to prevent the clearance of vegetation from intensive grazing or mob stocking. Therefore the definition has been amended to refer to „overgrazing or mob stocking‟. This approach to vegetation clearance is already used for riparian margins and the use of this terminology is an extension of a current operative rule (Rule PRA.5(c)).

4.10 Submitter /

Further Submitter


Rayonier NZ (236.26) Support in Part Accept in part

Decision requested: Amend definition as follows:

“Clearance, Modification or Removal of Indigenous Vegetation: Means the felling, clearing or modification of any indigenous vegetation by cutting, crushing, cultivation, spraying, burning, grazing or the planting of exotics within. Excluding indigenous vegetation occurring within the understory of a plantation forest.”

NZ Farm Forestry Association (FS21.10)


South Wood Export Ltd

(FS40.4)


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Reasons The submitter supports the definition in part but has suggested an amendment. The submitter has argued that the definition should include reference to the exclusion of clearance of indigenous vegetation when it occurs as the understory of a plantation forest or demonstrated to be areas of failed planting (planting gaps). The two further submitters have supported the submission, with one suggesting a further change relating to roads and access tracks.

It is noted that Rule BIO.1 (b) of the proposed District Plan permits the clearance, modification, or harvesting of indigenous vegetation which is reasonably necessary to enable the management, harvesting or replanting of any area of planted indigenous or exotic vegetation. This rule provides the exclusion that the submitters seek and as such the requested amendment has not been made to the definition. For these reasons the submission and further submission points are accepted in part.

SWEL supports this submission as it agrees with the submitter‟s reasons, however, it requests an amendment to the definition to exclude indigenous vegetation occurring within the understory of a plantation forest or alongside roads and access tracks. It is noted that some clearance of vegetation for tracking is provided for in Rule BIO.1(f) and therefore this submission point is accepted in part.

4.11 Submitter /

Further Submitter


Fulton Hogan and Southern Aggregates (240.14)

Oppose Reject

Decision requested: Amend all controls relying on the Definition of “Clearance, Modification or Removal of Indigenous Vegetation” to provide that up to one hectare of indigenous vegetation per five year period may be cleared in areas that do not contain significant indigenous vegetation or significant habitats of indigenous flora, and/or outstanding natural features or landscapes.

Reasons The submitter opposes the rules regime that relies on this term as it is too arbitrary and wide-ranging and affects any clearance of any indigenous vegetation across the District.

The District Plan‟s regulatory approach to the “Clearance, Modification or Removal of Indigenous Vegetation” has been discussed in more detail in the Biodiversity decision report. It is accepted in that report that clarity is required over what is deemed to be significant indigenous vegetation or significant habitats of indigenous flora. It is also noted that there is an intention to identify and map the areas of indigenous vegetation within the District that are considered significant. As this work is still to be completed, it is considered appropriate to continue to utilise a “catch all rule” as an interim measure until such time as these areas have been defined. As a result, this submission point is rejected.

4.12 Submitter /

Further Submitter


Fish & Game (195.13) Neutral Accept in part

Decision requested: Include in definitions:

“Clearance, modification or removal of indigenous vegetation includes undertaking those activities by physical, mechanical, chemical, burning or other means.”

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Reasons The submitter argues that for the avoidance of doubt it is important that the different ways in which the clearance, modification or removal of indigenous vegetation can occur is recognised. It is agreed that the definition should cover all of those matters, however, it is considered the methods of potential vegetation clearance detailed in the definition are broad enough to consider all of those methods outlined by the submitter and as such this submission point is accepted in part.

4.13 Submitter /

Further Submitter


Forest & Bird (215.102) Oppose in part Reject

Decision requested: Amend definition as below

Clearance, Modification or Removal of Indigenous Vegetation:

means the felling, clearing or modification of any indigenous vegetation by cutting, crushing, cultivation, (including direct drilling), Spraying,(including effluent or water, or water containing contaminant) burning, grazing or the planting of exotics within.

Meridian Energy Ltd (FS9.61) Oppose Accept

Reasons The submitter argues that the activities of direct drilling, effluent spraying, irrigation or contaminants can result in clearing indigenous vegetation and should be added to the definition. The further submitter objects to the suggested amendment and notes that the proposed change will mean that a number of activities are included within the definition of changes and modifications that were not anticipated at the time the District Plan provisions, particularly the rules, were drafted. The methods of potential vegetation clearance detailed in the definition are considered broad enough and that the amendments requested by the submitter would expand the definition and therefore the associated rules beyond what was originally intended. As such this submission point is rejected.

Commercial Activity

4.14 Submitter /

Further Submitter


L and H Hansen (138.3) Oppose Accept in part

Decision requested: Allow the possibility for financial return if required in providing accommodation on our land in the Fiordland/Rakiura Zone.

Reasons The submitters oppose the definition of commercial activity which they view as too restrictive as it prevents future family generations from a possible financial gain to offset rates etc on their property. The rules relating to what can be undertaken on their property are contained within the Fiordland/Rakiura Zone section of the plan. It has been decided for that zone that a permitted activity be included for visitor accommodation involving five or less paying guests outside of National Parks. Therefore, it is considered that this may address some of the submitters‟ concerns and no amendment to the definition of commercial activity is required. For those reasons the submission point is accepted in part.

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Community Activity

4.15 Submitter /

Further Submitter


Minister of Education (128.2) Support Accept

Decision requested: Retain definition.

Reasons The submitter supports the definition therefore this submission point is accepted.

Contaminated Land

4.16 Submitter /

Further Submitter


Environment Southland (16.100) Support in part Accept

Decision requested: That the definition of Potentially Contaminated Land be amended, as follows:

Potentially Contaminated Land: Means a piece of land on which an activity or industry described in the Ministry for the Environment‟s Hazardous Activities and Industries List (HAIL list) is, has, or is more than likely than not, to have been or is being undertaken.

Reasons The submitter supports the potentially contaminated land definition, subject to a minor amendment. This submission point is accepted and the plan text has been amended accordingly.

4.17 Submitter /

Further Submitter


Environment Southland (16.101) Support Accept

Decision requested: That the definition of contaminated land be retained.

Reasons The definition of contaminated land used in the District Plan is supported. This is consistent with the definition contained in Section 2 of the RMA, and its use will assist with a consistent approach to managing contaminated land across the region. The submitter supports the definition and this submission point is accepted.

4.18 Submitter /

Further Submitter


The Oil Companies (176.8) Support Accept


Reasons The submitter supports the definition of Contaminated Land and Potentially Contaminated Land and this submission point is accepted. The minor change to the definition of “potentially contaminated land” as detailed in Section 4.16 of this report is not considered to have a bearing on the submitter‟s support for these definitions.

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Council Reserves (new)

4.19 Submitter /

Further Submitter


Southland District Council (217.6) Oppose Accept in part

Decision requested: Include new definition for Council Reserves as below:

Council Reserve - includes both reserves subject to the Reserves Act 1977 and Council owned land being parks, reserves and open spaces not subject to the Reserves Act, 1977 - but in all cases the land is subject to a publicly notified management plan that has been approved by the Minister of Conservation or by the Council as appropriate.

Reasons The submitter requests that a new definition is required to help clarify the intent of the rules (see submission points 217.4 and 217.5 in the BIO and RURAL summary sheets). It is accepted that a definition would assist in the interpretation of the rules, however, it is not considered that the second half of the definition which refers to the management plan is required as the rule itself refers to an approved management plan. Therefore the definition has been simplified and included in the Definitions section of the plan. For this reason the submission point is accepted in part.

Earthworks

4.20 Submitter /

Further Submitter


The Oil Companies (176.17) Oppose Accept in part

Decision requested: Amend the definition of Earthworks to add as a last sentence the following: This does not include earthworks undertaken in association with the removal of underground petroleum storage tanks. OR Amend the Zone specific earthworks provisions to include the above exemption in: Rule URB.5(1); Rule IND.4(1); Rule RURAL.1(8) as requested in submission summary points 176.14, 176.15, 176.16.

Reasons The earthworks controls have the potential to unnecessarily constrain the permitted activities provided for under the NES in relation to retanking activities. An exemption to compliance with the earthworks provisions which generally relate to separation from boundaries and depth of excavation is requested. This is considered appropriate as with timely, efficient procedures in place as required under HSNO and the NES any effects are temporary. There are no changes to ground level and the surface of the area affected is reinstated. This submission is accepted in part as the requested amendment has been incorporated into the zone rules as requested in the second part of the submission.

4.21 Submitter /

Further Submitter


Fish & Game (195.81) Support Accept in part

Decision requested: Retain as drafted.

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Reasons The submitter‟s support is noted, however, it is acknowledged that an amendment to the definition as a result of another submission point has been made. Therefore the submission is only accepted in part.

4.22 Submitter /

Further Submitter


Chorus (198.20)

Telecom (199.19)


Decision requested: Amend the definition of Earthworks as follows:

Earthworks: means any movement of earth, including the excavation or deposition of earth or cleanfill that results in changes to the existing ground level. This includes, but is not limited to, excavation, infilling, recontouring and construction of any road, track or drainage channel. This also includes earth movement associated with subdivision and site works as defined by the Building Act 2004. It excludes soil cultivation and cable trenching associated with the establishment, repair or maintenance of telecommunication lines and radio-communication structures.

Radio New Zealand (FS27.42) Support Reject

Transpower (FS38.48) Support Reject

Reasons The submitter has requested that cable trenching be exempt from the earthworks provisions and this is supported by both Radio New Zealand and Transpower. It has been determined in the Energy, Minerals and Infrastructure decision report that earthworks‟ provisions be included in that section for all infrastructure activities. This provides for some earthworks as a permitted activity within specified criteria and therefore it is not considered necessary to exclude cable trenching. Cable trenching is captured by the definition of earthworks, however, the permitted activity refers to the change in the ground level, which should not capture cable trenching. Therefore it is considered that the permitted activity adequately provides for cable trenching provided the earthworks volumes are met. Therefore the submission is accepted in part.

Earthquake Strengthening (new)

4.23 Submitter /

Further Submitter


NZ Historic Places Trust (108.19) Support in Part Reject

Decision requested: Include a definition for „earthquake strengthening works.

Reasons The submitter argues that a definition of „earthquake strengthening‟ should be included in order to provide clarity in terms of the effect of Rule HH.1 which permits such works to heritage items listed in Schedule 5.2. The submitter notes that the current wording without a definition is too open and may cause confusion over the distinction between an „alteration‟ and „earthquake strengthening‟. The submitter attended Hearing 5 at which they presented evidence regarding the Historic Heritage section of the proposed plan, including comment on a definition.

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The submitter suggested the following definition of earthquake strengthening works: “Work undertaken to improve the structural performance of a building or structure, by modifying or adding to the structure of a building, including strengthening non-structural elevated features on a façade or roof. Earthquake strengthening includes but is not limited to work which upgrades the buildings ability to: Safely carry self and imposed gravity loads; Withstand probable wind loads without unacceptable damage; Withstand probable earthquake loads without unacceptable damage; Withstand other damaging effects that have been identified for a particular building. Earthquake strengthening does not include the removal of external decorative features or building elements.” The Committee have considered this matter in the decisions on the Historic Heritage section and does not consider that the proposed definition adds clarity, particularly as it is not exhaustive which could create more uncertainty. Therefore it is not accepted. However, it is considered that the last part of the submission which identifies what earthquake strengthening is not, is useful in providing some clarification around the extent of what is included (or not) as earthquake strengthening works. Therefore this statement has been included as a note under Rule HH.1 and no definition is considered necessary.

Education Activity

4.24 Submitter /

Further Submitter


Minister of Education (128.1) Support Accept


Reasons The submitter supports the definition and this submission point is accepted.

Energy Facilities

4.25 Submitter /

Further Submitter


Pioneer Generation Ltd (21.6) Oppose Accept in part

Decision requested: Include the following definitions for energy generation facilities:

“Operation”: The working of a electricity generation facility on a day-to-day basis to generate and transmit electricity (for example, with respect to an existing hydro scheme activities include the control of lake levels, access requirements, excluding the public, storage of goods and materials, signs, provision of jetties).

“Maintenance”: The undertaking of work necessary to keep an electricity generation facility operating at an efficient and safe level (for example, activities include erosion and flood control, weed and sediment control, access requirements, maintenance of plant, machinery or structures, monitoring of operations).

“Enhancement”: The improvement of an electricity generation facility (for example, activities include landscaping, planting, painting, refurbishment of buildings).

“Refurbishment or upgrading”: The upgrade, replacement or renewal of existing plant, machinery or structures to gain efficiencies in generating and transmitting electricity provided this does not increase the existing envelope of the facility.

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This includes work involving all structures, infrastructure and buildings, access roads and tracks, earthworks and the deposit of materials. A gain in efficiency of generation under this definition includes increases in installed generating capacity of the ‘Existing Envelope’ (as defined) by replacement of turbines that have higher energy generation capacity.

‘Existing Envelope’ (for electricity generation facilities) is the area that has been consented or otherwise authorised for the activity. It also includes the maximum consented/authorised height of any structure associated with the facility; the consented/authorised maximum operating water level of any waterbody used in the generation of electricity; and the transmission lines to the national or local grid and electricity substations and associated infrastructure.

Radio New Zealand (FS27.43) Support in part Accept in part

Forest & Bird (FS33.51) Oppose Accept in part

Reasons With the exception of Minor Upgrading and Existing Envelope it is considered that the common meaning of these words would be sufficient. Therefore no definitions are considered necessary in the plan and a prescriptive definition could unnecessarily limit or narrow the scope of the rules. A definition of minor upgrading was discussed in the Energy Minerals and Infrastructure report and included in the recommending report on Definitions. However, as a result of deliberations the Committee has decided to incorporate the definition provided above for “Existing Envelope” into the definition for minor upgrading. This would provide for a baseline from which permitted expansion under “minor upgrading” can be measured. Therefore, the submission point is accepted in part and a definition for Existing Envelope has been included in the plan. RNZ does not oppose the submitter‟s definition being included in the proposed plan as long as it is made clear that these definitions are only applicable to electricity generation facilities (and not infrastructure generally). The definition of minor upgrading that is discussed in the Energy Minerals and Infrastructure report and referred to above relates only to electricity generation facilities and the other definitions have not been included. For those reasons, the submission point is accepted in part. Forest & Bird considers that the definitions proposed by Pioneer Generation Ltd significantly expand the scope of the rules. It is agreed that some of the examples provided in the definitions requested by the submitter would be beyond the ordinary meaning of those words and that only a definition for Existing Envelope be included in the plan. For the reasons above the submission point is accepted in part.

4.26 Submitter /

Further Submitter


Transpower NZ Ltd (190.33) Support Accept in part


Reasons The submitter‟s support is accepted, however, it is acknowledged an amendment to the definition has been made in Section 4.27 below.

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4.27 Submitter /

Further Submitter



(a) Decision requested: Amend Energy Facility definition as follows:

Energy Facility: Means a structure, site or plant used exclusively for the generation or processing of energy. It excludes any small and community scale distributed electricity generation. This includes the system of electricity conveyance (including substations) required to convey electricity to the distribution network and/or the national grid but excludes the distribution network and/or the national grid.

(b) Include definition of ‘Renewable electricity generation activities’ as follows:

„Renewable electricity generation activities‟ means the construction, operation and maintenance of structures associated with the generation of renewable electricity. This includes small and community-scale distributed renewable generation activities and the system of electricity conveyance required to convey electricity to the distribution network and/or the national grid and electric storage technologies associated with renewable electricity.

Transpower (FS38.49) Oppose Accept in part

Reasons Pioneer Generation Ltd proposed changes to the definition and Transpower has made a further submission seeking retention of the definition due to the need to provide a clear separation between large commercial scale facilities that connect to the national grid and energy generation facilities for single dwellings or small community facilities. The submission point has been accepted as it is agreed that the energy facility includes any aspect of a facility that is required in order to create the connection to the distribution network. The further submission from Transpower has been accepted in part and the current wording is also to be retained which refers to the exclusion of small and community scale distributed electricity generation. The definition of „renewable electricity generation activities‟ has not been included as there is already a definition for renewable electricity generation and „small and community scale distributed electricity generation‟ within the plan. It is therefore not considered necessary to provide this additional definition.

Farming

4.28 Submitter /

Further Submitter


Fonterra (160.6) Oppose Accept in Part

Decision requested: Amend the definition of Farming by adding the underlined words and deleting the strikethrough words that follow:

“Farming means agricultural activity having as its primary purpose the production for human or animal consumption any livestock or crop of commodities such as food, milk and fibres, using the in situ soil, water and air as the primary medium for production, but excludes soil cultivation above an elevation of 800 metres and the activity of intensive farming.”

Transpower (FS38.50) Support Accept

Reasons Fonterra argues that the reference in this definition to “consumption” implies a limitation to livestock or crops that themselves are used as part of the food chain. As such, this definition excludes the production of milk and fibres.

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A change to the definition is sought to extend the purpose of producing livestock and crops to better align the definition of farming with the definition of Livestock (page 126 “produce commodities such as food, milk and fibre...”). This submission point has been accepted in part and the definition of “farming” is amended to incorporate the production of milk and fibres. The word “primary” has not been added to the definition as the definition already contains this. It is however, decided below that “predominant” is instead incorporated as suggested by Federated Farmers.

4.29 Submitter /

Further Submitter


Federated Farmers (268.112) Oppose in part Accept in part

Delete and rewrite the definition to provide for farming systems that rely on some imported feed into their system or amend the definition as follows:

Farming means an agricultural activity having as its primary purpose the production for human or animal consumption any livestock or crop, predominantly using the in situ soil, water and air as the medium for production, but excludes soil cultivation above an elevation of 800 metres and the activity of intensive farming.


DOC (FS39.44) Oppose Accept in part


Federated Farmers is concerned that soil cultivation is excluded above an elevation of 800 metres. The exclusion does not seem consistent with other district plans within the region and current accepted farming practices within the District. The submitter further notes that the definition as currently worded excludes dairy farming and many other properties which would mean that those activities are not permitted activities. This submission point has been accepted in part to ensure it covers dairy farming and the suggested changes resulting to the definition from the Fonterra submission will address these concerns. The word “predominant” has been incorporated into the Fonterra definition for the reasoning outlined above in Section 4.28. In relation to the 800 metre elevation exclusion in the definition it has been determined that this level needs to be amended to be consistent with the rule relating to earthworks which is set at 700 metres above sea level. This is also consistent with the level proposed to be used by the High Country Regional Rules that are currently being developed. With regard to the use of an exclusion, the proposed Southland District Plan intentionally used an exclusion in order to be able to regulate land use activities at higher elevations. Transpower‟s further submission points are accepted as the changes to the definition will still result in intensive farming being excluded. The Department of Conservation‟s further submission point has been accepted in part as the proposed changes to the definition are not considered contrary to the Freshwater NPS or the NZCPS. The Forest & Bird submission point is accepted in part as the elevation exclusion will remain.

Forestry

4.30 Submitter /

Further Submitter


Rayonier NZ (236.27) Support Reject


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“Plantation Forestry means the land preparation, establishment, management and harvesting of forestry plantations of more than two hectares in area, principally for commercial wood production, but also including protection and conservation forestry and carbon forestry.”

Reasons The submitter has argued that the definition should be nationally consistent as per the amendment suggested. The Committee was also mindful of the fact that the National Environmental Standard that was referred to by submitters is not in effect and therefore questioned whether the definition as proposed was actually nationally consistent. The Committee has considered the concerns of the submitters with regard to the regulation of Forestry Activities and decided to amend the plan framework which will address some of the concerns of the submitter.

Hazardous Substances

4.31 Submitter /

Further Submitter



Decision requested: That the definition of hazardous Substances be retained.

Submitter /

Further Submitter


H W Richardson Group Ltd (263.18)

Support Accept

Decision requested: Retain the definition.

Reasons The submitters‟ support is noted.

4.32 Submitter /

Further Submitter


Fertiliser Association of New Zealand (222.23)

Oppose Reject


“Hazardous Substance (as defined by the Hazardous Substances and New Organisms Act 1996,) means, unless expressly provided otherwise by regulations, any substance”:

Reasons The Fertiliser Association has suggested an amendment on the grounds that the definition should be consistent with the HSNO Act definition. The suggested amendment is rejected as the definition is intentionally referring to the HSNO Act which in turn will provide for exemptions created through regulations.

Hazardous Waste

4.33 Submitter /

Further Submitter



Decision requested: That the definition of hazardous waste be retained.

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Reasons The submitter supports the definition of hazardous waste and this submission point is accepted.

Indigenous and Indigenous Vegetation

4.34 Submitter /

Further Submitter


Fish & Game (195.82) Support Accept


Reasons The submitter supports the definition of indigenous and this submission point is accepted.

Indigenous Vegetation

4.35 Submitter /

Further Submitter


Forest & Bird (215.103) Support Accept

Decision requested: Retain.

Submitter /

Further Submitter




Reasons The submitters‟ support the definition and these submission points are accepted.

Infrastructure

4.36 Submitter /

Further Submitter


NZTA (238.16) Support Accept

Decision requested: Retain the definition as proposed.

Radio New Zealand (FS27.44) Support Accept

Reasons The submitters‟ support is accepted.

4.37 Submitter /

Further Submitter


Southland District Council (217.1) Support Accept in part

Decision requested: Amend definition to include the word stormwater prior to the word drainage.

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Reasons The submitter argues that the wording needs to be amended to more clearly reflect that this refers to stormwater infrastructure as well as sewerage infrastructure (paragraph 6). The definition refers to drainage generally and therefore already provides for stormwater drainage. If stormwater was included in the definition as requested by the submitter it would restrict the scope of the definition to only stormwater drainage and sewerage infrastructure, which may not have been the intention of the submitter. Therefore the submitter‟s support is accepted but no amendment has been made to the definition.

Intensive Farming

4.38 Submitter /

Further Submitter


Poultry Industry Association and Egg Producers Federation (209.19)

Support in Part Accept in part

Decision requested: Definition of „Intensive Farming‟ be reworded as follows:

Means the commercial raising and keeping of plants or animals where the regular feed source is substantially provided other than from grazing the site concerned and occurs independent of the soil fertility on the site. It includes, but is not restricted to, pigs outdoors at a rate exceeding 15 pigs per hectare. Wintering shed or feed pads where stock are generally confined for any period greater than one month, farming of poultry, rabbits, mushrooms, fish farming and the associated disposal of effluent. It does not include animal boarding activity, breeding kennels, catteries or dog training grounds or the keeping of animals that assist in the management of a farm.

Submitter /

Further Submitter


NZ Institute of Surveyors (244.78) Neutral Accept in part

Decision requested: Amend definition to exclude wintering sheds if that was the intention.

Submitter /

Further Submitter


Federated Farmers (268.113) Oppose in Part. Accept in part

Amend the definition to the below or similar:

Means the commercial raising and keeping of plants or animals where the regular feed source is substantially provided other than from grazing the site concerned. It includes, but is not restricted to, pigs outdoor at a rate exceeding 15 pigs per hectare, wintering shed or feed pads where stock are generally confined for any period greater than one three months, farming of poultry, rabbits, mushrooms, fish farming and the associated disposal of effluent from those activities. It does not include animal boarding activity, breeding kennels, catteries or dog training grounds or the keeping of animals that are housed temporarily in association with a farming activity that assist in the management of a farm.

AgResearch (FS31.7) Support Accept in part

Transpower (FS38.51) Support Accept in part

Reasons The submitters all consider the definition of Intensive Farming could be clarified and so are dealt with together. The submission from the Poultry Industry etc, supports the definition in part and argues that activities relating to the growing of plants are very different in terms of effects compared with the farming of livestock. The definition should only refer to intensive livestock farming and should include a low threshold exemption for small scale intensive poultry farms, as has been provided for smaller intensive pig farming activities.

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The submission from the NZ Institute of Surveyors questions whether the definition is intended to include wintering sheds. The submission from Federated Farmers considers that definitions of intensive farming need to be careful not to capture free range farming by proxy. Free range farming also includes supplementary feed and temporary sheltering of livestock indoors. Intensive farming should be limited to permanent indoor farming. It should not include the temporary housing of livestock such as cow wintering barns, calf rearing or horse stabling, or normal pastoral farming where additional feed such as hay or silage is brought on to the farm. The submitter further considers that the definition should exclude calf rearing sheds, cow-wintering sheds. The two further submitters are supportive of the original submitter‟s request to amend and clarify the definition as proposed. The submissions have been accepted in part as it is agreed that further clarification would aid the interpretation of this definition. Plants are not matters that are required to be considered under intensive farming and it is accepted that this can be deleted from the definition. The Committee has accepted that the period of time that animals are confined within Wintering Sheds should be extended given the increasing likelihood that these will be utilised as a response to requirements signalled to be imposed from Environment Southland. The Regional Council is increasing its focus and intervention tools on the management of stock and the associated effects of farming practices on water quality. Therefore the Committee accepts that the time period should be increased from one month to three months. The Committee considered the control of stock on feedpads within the definition of intensive farming separately to that of Wintering Sheds. They were concerned that the increase in timeframe for confinement of stock was not appropriate for feedpads given the limited controls on location of such feedpads. Further as with the increasing usage of wintering sheds the Committee anticipates that there will be an increase in the use of feedpads as a farm management tool arising from a response to additional requirements from Environment Southland. These structures have potential amenity effects on adjacent properties where there are dwellings in separate ownership. As a result the Committee has determined to delete the term feedpad from the definition and instead incorporate a new permitted activity rule within the Rural Zone. This new rule is to provide for feedpads as a permitted activity subject to setbacks from dwellings in separate ownership. It is anticipated that the location of feedpads will be similar to that of the milking shed and Agricultural effluent ponds to enable efficient use of effluent infrastructure. Therefore the setback has been set at 200 metres. The Committee has therefore accepted in part the concerns put forward by Federated Farmers and has removed the reference to feedpads from this definition. The potential effects from the use of feedpads as a stock and pasture management tool are to be controlled now through a new permitted activity rule. The additional amendments recommended by Federated Farmers are not considered to aid in the interpretation of the definition and are therefore not accepted, however, further clarification has been provided as to what are considered animals that assist in the management of a farm. Wintering sheds have intentionally been included within the definition to ensure that where these are established and intend house animals for longer than three months that they will require resource consent under the Rural Rules. This would be considered as a discretionary activity.

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Therefore it is recommended that the definition be amended to read: Intensive Farming: Means the commercial raising and keeping of plants or animals where either:

• The regular feed source is substantially provided from off other than from grazing the site concerned. It includes, but is not restricted to:

Or:

• It Involves the keeping of pigs outdoors at a rate exceeding 15 pigs per hectare. • It involves the use of wintering sheds or feedpads where stock are generally confined

for any period greater than three months. • It involves the farming of poultry, rabbits, mushrooms or fish farming and the

associated disposal of effluent. It does not include animal boarding activity, breeding kennels, catteries or dog training grounds or the keeping of animals that assist in the management of a farm, eg working dogs.

Lake, River, Water and Waterbody (new)

4.39 Submitter /

Further Submitter


Fish & Game (195.84) Oppose Accept

Decision requested: Amend Section 4 to include the following definitions set out in the RMA:

“Lake means a body of fresh water which is entirely or nearly surrounded by land”

“River means a continually or intermittently flowing body of fresh water; and includes a stream and modified watercourse; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal)”

“Water

(a) means water in all its physical forms whether flowing or not and whether over or under the ground:

(b) includes fresh water, coastal water, and geothermal water:

(c) does not include water in any form while in any pipe, tank, or cistern.

“Waterbody means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area.”

Reasons The submitter argues that for the avoidance of doubt, the definitions of „lake‟, „river‟, „water‟ and „waterbody‟ set out in the RMA should be included in the Southland District Plan. The Committee accepts that for consistency these terms should be included in the definitions section. The section has been amended accordingly.

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Landfill

4.40 Submitter /

Further Submitter



Decision requested: That the definition of Landfill be amended, as follows:

Landfill: Means a site used for the permanent deposition of solid waste onto or into land.

Reasons The Landfill definition needs the word “permanent” added so that it does not capture temporary storage/stockpiling. Also it needs an exclusion for roading activities and cleanfill site. Also, their use of “site” in the landfill definition does not really fit with how they have defined site. This submission point is accepted.

Living room (new)

4.41 Submitter /

Further Submitter


Ralph Moir and Associates (282.14)

Oppose Accept

Decision requested: Include a definition of „living room.

Reasons The submitter argues that the term living room requires definition to assist with the understanding of Rule URB.5(6). This submission is accepted and a definition of “Living Room” has been added to the plan. Living Room: Means the main living area within the dwelling and would include a lounge, family room and dining room.

Minor Upgrading

4.42 Submitter /

Further Submitter


PowerNet (241.9) Support in part Accept in part

Decision requested: Amend the definition as follows:

“Minor Upgrading (in relation to transmission and distribution lines): means an increase in the carrying capacity, efficiency or security of transmission and distribution lines utilising the existing support structures or structures of a similar scale, intensity and character and includes:

8. Support structure replacement within the same or similar location within the existing alignment of the distribution corridor location as the support structure that is to be replaced..........”

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Reasons It is considered the amended wording requested by the submitter makes the definition of minor upgrading more ambiguous and could lead to confusion as to how close the new structure would need to be to the existing structure and could result in impacts on different parties than those initially affected. The submission is accepted in part and a related amendment to the definition is suggested: 8. Support structure replacement within the same or immediately adjacent location

within the existing alignment of the distribution corridor …

4.43 Submitter /

Further Submitter


Meridian Energy (184.47) Neutral Accept in part

Decision requested: Delete the heading „minor upgrading‟ from the District Plan or Infrastructure in the District Plan

Or

Insert a definition to read:

Minor Upgrading (in relation to existing energy facilities) - means modification of an energy facility including structures and associated earthworks and site works where the effects of that utility remain the same or similar in character, and scale. Minor upgrading includes the replacement of a structure in the same location, and replacement of parts such structures.


Reasons As outlined in Sections 4.25 above and 4.13 of the Energy, Minerals and Infrastructure decision report, a definition of minor upgrading and a consequential definition for „existing envelope‟ have been included as follows: Minor Upgrading (in relation to existing energy facilities): Means an upgrade to an existing electricity generation facility lawfully established prior to [operative date of District Plan] which does not increase the Existing Envelope by more than 100 m2 or 10% whichever is the lesser, within a 5 year period. Existing Envelope: is the floor area / structure footprint that has been consented or otherwise authorised for the activity. Forest & Bird opposes the submission as it considers it goes beyond the scope of what is minor and includes earthworks. This further submission has been accepted in part as it is considered that an amended definition is required but not worded as specifically requested.

4.44 Submitter /

Further Submitter


Transpower NZ Ltd (190.30) Neutral Accept in part

Decision requested: Delete definition for “minor upgrading (in relation to existing energy facilities)”

Amend the definition for “minor upgrading (in relation to transmission and distribution lines)” as follows:

“Minor upgrading (in relation to the transmission network and distribution lines):...”

Transpower (FS38.52) Support in part Accept in part

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Reasons The submitter‟s request with regard to the deletion of the definition for minor upgrading (in relation to existing energy facilities) is not accepted as it is considered the insertion of an actual definition should help to reduce any confusion between the definitions. The new definition for Minor Upgrading is shown in Section 4.43 above and in Section 5 of this report. The amendments to the definition for minor upgrading (in relation to transmission and distribution lines) are accepted. The further submission from Transpower requests the new terminology of „National Grid‟ be adopted, as a result of the feedback it has received from stakeholders in other planning processes throughout the country. With regard to the overall network, corridor and yards, the National Grid terminology has been adopted, however, in relation to the lines themselves, the terminology „transmission lines‟ has been retained. Therefore the submission is only accepted in part.

4.45 Submitter /

Further Submitter


Genesis Power Ltd (5.22) Oppose Accept in part

Decision requested: Amend definition to read:

Minor Upgrading (in relation to existing energy electricity generation facilities): Means all activities associated with improving the function of the facility provided the function of the electricity generation facility does not change the character, scale or intensity of any effects of the activity on the environment (except to reduce any adverse effects, or increase any positive effects where no additional adverse effects are created) and may include:

(1) Repair and replacement of worn or technically deficient structures, plant or equipment;

(2) The erection of any aerial, antennae or communication dish, not exceeding 5 m² in area located on top, or within any existing structure, provided the top of the aerial, antennae or communication dish does not exceed the maximum height requirements of the underlying zone; and

Any associated earthworks and vegetation removal where these activities comply with the permitted activity criteria of the underlying zone, and/or the Indigenous Vegetation and Habitats of Indigenous Fauna Rules.

Transpower (FS38.53) Support Accept in part

Reasons For the reasons outlined in Section 4.43 above, the submission point is accepted in part, as a definition of minor upgrading has been included, however, the wording proposed by the submitter has not been adopted. It is noted that the submitter queried at the hearing why the definition referred to existing electricity generation facilities only, and it is accepted that the definition, and therefore the rule, should apply also to any new facilities once they are established. The definition also refers to Existing Envelope which helps to clarify what was intended by the term „existing‟ in the definition, as it provides the baseline from which to measure the upgrade.

4.46 Submitter /

Further Submitter



Decision requested: Delete and include the definitions requested under submission point 21.6 above.

29


Reasons The submission point the submitter is referring to is addressed in Section 4.25 of this report. As outlined there, and in the Energy, Minerals and Infrastructure section a new definition of Minor Upgrading has been included. Therefore the submission point is accepted in part.

4.47 Submitter /

Further Submitter


Federated Farmers (268.114) Oppose in part Reject

Decision requested: Amend the definition as follows:

“Minor Upgrading (in relation to transmission and distribution lines); means an increase in the carrying capacity, efficiency or security of transmission and distribution lines...”

Forest & Bird (FS33.54) Oppose (it is however, considered the submitter

supports the original submission)

Reject

Reasons The submitter opposes the reference to increasing the carrying capacity of the transmission network and this is supported by the further submitter. It is not considered that the deletion of this aspect of the definition is required because point 11 of the definition prevents the voltage increasing on a high voltage transmission line and the definition does not provide for additional structures to carry that extra capacity.

Network Utility

4.48 Submitter /

Further Submitter


Radio New Zealand (100.15) Support Accept in part


“Network Utility (Network Utilities): means any activity relating to:

2. Operation, or proposed operation of a network for the purpose of Telecommunication (as defined in Section 5 of the Telecommunications Act, 2001) or Radiocommunication (as defined in Section 2(1) of the Radiocommunications Act 1989).

8 Any other project or work described as a “network utility operation‟ by regulations made under the Resource Management Act 1991.

And the words “network utility operation” have a corresponding meaning.”

Reasons The amendments to the definition of a network utility have been accepted with the exception of the reference to a „proposed operation‟ as it is considered that this creates uncertainty with regard to the scope of the term and is not consistent with the rest of the definition.

4.49 Submitter /

Further Submitter


Transpower NZ Ltd (190.31) Support Accept

Decision requested: Amend the definitions as follows:

“The network operated by an eElectricity operatorion or electricity distributorion as defined in Section 2 of the Electricity Act 1992.”

30


Reasons The changes to the definitions as suggested by the submitters are accepted and the plan text amended. The suggested changes will provide better clarity in relation to the activities that the definition covers.

Noise Sensitive Activity

4.50 Submitter /

Further Submitter


NZTA (238.17) Support in part Accept in part

Decision requested: Amend definition to include office activity.

Reasons The submitter supports the definition in general and that support is noted and accepted. They however consider office activity can also be sensitive to road noise and should therefore be included. The change to the definition as suggested by the submitter is rejected. The reference to Noise Sensitive Activities is related to Rule RURAL.6 Prohibited Activities - Manapouri Airport and Rule IND.3 Non-Complying Activities. While it is agreed that office activity can be sensitive to road noise, the use of this term in the proposed plan is more in relation to managing reverse sensitivity effects of the airport activity and the industrial zone on residential type activities. With regard to RURAL.6, by including Office Activity this would significantly restrict potential office development within the exclusion zone of the airport approaches. These activities may be appropriate within these areas. With regard to the Industrial Zone, office activities are already considered to be non-complying activities which will enable consideration of all relevant effects already. The submitter presented further evidence at the hearing clarifying that they considered that this term should be applicable across the whole plan not just certain sections of the plan. Their point is noted however, the term Noise Sensitive Activity is limited in its applicability by the fact that it is only used in certain rules and zones. There is no wider scope available to make the definition applicable to other parts of the plan through this process. For these reasons, the submission is only accepted in part.

Original Utility Structure and Replacement Utility Structure

4.51 Submitter /

Further Submitter


Chorus (198.21)

Telecom (199.20)

Oppose Accept

Decision requested: Delete definitions.

Reasons The submitter opposes the use of these definitions as they are not actually used within the proposed plan and therefore create confusion rather than clarity. The submission point is accepted and the definitions have been deleted as the terms are defined in the relevant NES and are not used in the proposed District Plan.

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Regionally Significant Infrastructure and Critical Infrastructure (new)

4.52 Submitter /

Further Submitter


Environment Southland (16.94) Oppose Accept in Part

Decision requested: That definitions for regionally significant infrastructure and critical infrastructure be inserted into the District Plan.

Meridian Energy Ltd (FS9.60) Oppose in part Accept in Part

PowerNet Ltd (FS15.16) Support Accept in Part

Radio New Zealand (FS27.36) Support in Part Accept in Part

Transpower (FS38.43) Support Accept in Part

Reasons The submitter notes that the PSRPS 2012 contains definitions for regionally significant infrastructure and critical infrastructure and submits that these definitions should be added to the District Plan. The further submitters support this submission in part and all seek to add additional text to the definition to cover the specific types of infrastructure they have an interest in. The submission point is accepted in part as the term regionally significant infrastructure is used within the plan and should be defined. However, some amendments have been made to the definition to align with the specific Southland District Council context in relation to existing infrastructure. PowerNet‟s supportive further submission is also accepted in part. Meridian Energy seeks that any definition includes renewable electricity generation. Sub-point (d) of the definition provides for the generation and distribution of electricity and this is considered to include renewable electricity generation. Radio New Zealand seeks that any definition includes its transmission site at Dacre. While this site has not been specifically included in the definition, it is recognised that sub-clause (f) of the definition as shown in Section 5 of this report includes strategic radio communication facilities as defined in Section 2(1) of the Radio Communications Act. Transpower seeks that any definition includes the National Grid. Sub-point (c) of the definition as proposed in Section 5 of this report includes reference to the National Electricity Grid.

4.53 Submitter /

Further Submitter


Chorus (198.14)

Telecom (199.13)


Decision requested: Introduce a new definition for "Regional Significant Infrastructure" as follows:

Regionally significant infrastructure

Infrastructure of regional significance and includes:

(a) The regional strategic roads as defined in the Southland Regional Land Transport Strategy.

(b) The Southland rail network.

(c) Commercial port areas at Bluff including the Harbour and adjoining land and storage tanks for bulk liquids.

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(d) The national electricity grid, as defined by the Electricity Governance Rules 2003.

(e) Facilities for the generation and transmission of electricity where it is supplied to the national electricity grid and local distribution network.

(f) Broadband and strategic telecommunications facilities, as defined in Section 5 of the Telecommunications Act 2001.

(g) Strategic radio communications facilities, as defined in Section 2(1) of the Radio Communications Act 1989.

(h) Local authority water supply network and water treatment plants.

(i) Local authority wastewater and storm water networks, systems and wastewater treatment plants.

(j) Pipelines for the distribution or transmission of natural or manufactured gas or petroleum.

(k) Regional parks.

(l) Invercargill, Gore and Manapouri Airports.

(m) Southland Public Hospital (Kew).

(n) Life line utilities as defined in the Civil Defence and Emergency Management Act.

(o) Flood and drainage infrastructure managed by the Southland Regional Council.

Radio New Zealand (FS27.38) Support in Part Accept


Reasons Consistent with the discussion under Section 4.52 of this report, the submission point of Chorus/Telecom is accepted in part as regionally significant infrastructure is a term that is used in the proposed plan. Radio New Zealand supports the submitter‟s proposal to include a definition but has concerns with the definition including “strategic radio communication facilities, as defined in Section 2 of the Radio Communications Act 1989”. This is because there is no definition given in that Act. Radio New Zealand suggests that that aspect of the definition be changed to refer to: “A network for the purpose of radio communication, as defined in Section 2(1) of the Radio Communications Act 1989 which is operated by a network utility operator”. This amendment is accepted. Transpower requests that any definition included in the District Plan should recognise the National Grid. The National Grid is provided for through the proposed definition shown in Section 5 of this report. Therefore the two further submission points are accepted.

Reverse Sensitivity (new)

4.54 Submitter /

Further Submitter


Radio New Zealand (100.18) Oppose Accept in part

Decision requested: A new definition included as below:

“Reverse sensitivity: means the potential for the establishment of “sensitive”/incompatible activities in the vicinity of existing uses to lead to restraints on carrying out the existing use.”

Rayonier NZ (FS5.38) Support Accept in part

Transpower (FS38.44) Neutral Accept in Part

Reasons The submitter notes that plan users would benefit from a definition of reverse sensitivity. Rayonier supports this submission and Transpower has a preference for the definition shown below which is based on the Gateway Funeral Services vs Whakatane District Council case:

33


Reverse sensitivity is the legal vulnerability of an established activity to complaint from a new land use. It arises when an established use is causing adverse environmental impact to nearby land, and a new, benign activity is proposed for the land. The “sensitivity” is this: If the new use is permitted, the established use may be required to restrict its operations or mitigate effects so as not to adversely affect the new activity. The Radio New Zealand submission and Rayonier NZ further submission points are accepted in part and the plan text has been amended to incorporate a definition of “Reverse Sensitivity”. The Transpower further submission point is accepted in part as a definition of “Reverse Sensitivity” has been included added but not the one used in the case they refer to. The following definition has been inserted: “Reverse sensitivity - means the vulnerability of an existing lawfully established activity from new activities which are sensitive to the environmental effects already being generated. The sensitivity can result in complaints and also create the potential for the operation and/or expansion of the existing activity to be constrained.”

Riparian Margin

4.55 Submitter /

Further Submitter


Forest & Bird (215.66) Support Reject

Decision requested: Amend definition of Riparian Margin to mean:

Within 20 m of naturally occurring wetland, river or stream and 100 m of any lake.

Meridian Energy Ltd (FS9.62) Oppose Accept

Rayonier NZ (FS5.16) Oppose Accept

South Wood Export Ltd (FS40.20) Oppose Accept

P D Chartres t/a Te Anau Downs, P D Chartres Trust and P D Chartres and F Munster (FS37.110)

Oppose Accept

Federated Farmers (FS14.162) Oppose Accept

Reasons Forest & Bird notes that other South Island District Plans typically have riparian areas that are within 20 metres of naturally occurring wetland, river or stream and 100 metres of any lake. They also reference submission point 215.65 in summary sheet 3.1 Rural Zone. The suggested change is opposed by five further submitters who see no need for the suggested change for the reasons outlined above. The five further submission points are accepted and the Forest & Bird submission point is rejected. This is consistent with the decision made for the Rural Zone.

Rural Character (new)

4.56 Submitter /

Further Submitter



Neutral Reject

Decision requested: Rural Character definition to be included in Section 4.

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Reasons The term „rural character‟ has been used within several parts of the Rural Zone including the introduction, Objective RURAL.2 and Policy RURAL.2. The explanation to Policy RURAL.2 provides a description of what that „rural character‟ can entail, but it is not a term that can be easily defined given characters will vary between different areas in the Rural Zone. It is considered that the guidance provided within the Rural Zone and in particular the explanation to Policy RURAL.2 is sufficient and therefore the submission point is rejected.

Rural Production Activity (new)

4.57 Submitter /

Further Submitter




Decision requested: Add the following definition to Section 4 for “Rural Production Activity”:

“Means any agricultural, horticultural, floricultural, arboriculture or forestry activity, dairy or sheep or beef or other livestock farming including intensive farming, cropping or fruit growing which requires a rural location to establish.”

Rayonier NZ (FS5.33) Support Accept in part

Reasons The submitter requests that a new definition be included to recognise the importance of rural production activities and this is supported by the further submitter. This submission and associated further submission is accepted in part only. Definitions are used where a term has been referred to in the objectives, policies or rules of the plan. There are no specific rules in the Rural Zone relating to the term referred to in this submission point and as a result no specific reference to this term in the wider policy framework. There is, however, a new definition for Primary Production Activity as a result of submissions raised in the relation to the Noise section of the plan. This is in relation to interpretation of Rule NSE.3 and is discussed in Section 4.20 of that report. Therefore this submission is accepted in part.

Rural Residential (new)

4.58 Submitter /

Further Submitter


Environment Southland (16.95) Oppose Accept

Decision requested: That the term “rural residential” be defined, and inserted into the District Plan.

Radio New Zealand (FS27.37) Support in Part Accept in part

Reasons The submitter argues that the term “rural residential” needs to be defined. They note that the Definitions section of the earlier working draft Southland District Plan dated July 2012 listed the term “rural residential activity” but did not include a definition as such. The submission point is accepted and a definition of „rural residential‟ that aligns with the Proposed Regional Policy Statement has been added to the plan text.

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Radio New Zealand has no firm view on whether the term “rural residential” requires definition in the proposed plan. However, Radio New Zealand‟s interest is ensuring that its transmission site and the area surrounding it is not included in any definition of rural residential. It is noted that Radio New Zealand‟s transmission site is covered by a designation in the proposed District Plan and there is no amendment to the planning maps proposed to demonstrate where rural residential areas should be. Therefore, the further submission is accepted in part. The following definition of Rural Residential has been inserted into the Definitions section: Rural Residential: A property primarily used for residential purposes and may be associated with small-scale farming and/or „lifestyle‟ activity.

4.59 Submitter /

Further Submitter



Decision requested: Include definitions for Rural/Rural-Lifestyle/Rural-Residential allotments.


Reasons The submission point and further submission point is accepted in part as a definition of “rural - residential” has been added to the proposed District Plan under Section 4.20 above. The point is only accepted in part as it defines Rural Residential development and its character rather than what would constitute a rural residential allotment or size of allotment. It is noted that the submitter raised concerns with the definition outlined in Section 4.58 above and provided an alternative wording as follows: “Means a property of less than 4 hectares which is primarily used or anticipated to be used for residential purposes and may be associated with small-scale farming and/or lifestyle activity” The Surveyors outlined that this would align with the definitions provided in the past in the Subdivision, Land Use and Development Bylaw 2005, and esplanade reserve mechanisms. The implication of using a four hectare threshold in the definition is that any subdivision creating lots of four hectares would allow the policies relating to Rural Residential Development to be considered, but any subdivision creating lots of 4.1 hectares would not need to consider those policies. Radio New Zealand request that if a definition of “rural-residential” is included in the plan that the area around their transmission site is not included. Their support is noted and accepted in part. There are no changes to the zoning of the area adjacent to their site as part of this decision.

Scheduled Footprint and Existing Envelope (new)

4.60 Submitter /

Further Submitter


New Zealand Wind Energy Association (267.20)


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Decision requested: New definitions as below:

Scheduled Footprint (for electricity generation facilities) is the area that has been consented or otherwise authorised for activity as defined in the District Plan. It also includes the maximum consented/authorised height of any structure associated with the facility; the consented/authorised maximum operating water level of any waterbody used in the generation of electricity; and the transmission lines to the national or local grid and electricity substations and associated infrastructure that may not be located within the mapped area.

Existing Envelope has the same meaning for any lawfully established electricity generation facility except that it will not be defined in the District Plan.

Reasons The submitter argues that a new definition for „scheduled footprint‟ and „existing envelope‟ are required to help apply the new schedule and energy rules sought by this submission. As outlined in Section 4.85 of the Energy, Minerals and Infrastructure Recommending Report, the new energy rules which refer to those terms „schedule footprint‟ and „existing envelope‟ have not been included. A definition of existing envelope has however, been included to assist with the interpretation of the new „Minor Upgrading‟ definition. Therefore the submission point is accepted in part.

Sensitive Activities (new)

4.61 Submitter /

Further Submitter


Transpower NZ Ltd (190.32) Oppose Accept in part

Decision requested: A new definition be added as follows:

Sensitive Activities: Means those activities which are sensitive to the risks associated with high voltage transmission lines and associated adverse effects, because of either the period of exposure to the risk or the vulnerability of the population that is exposed to the risk. Such activities includes residential activities, educational facilities, rest homes, hospitals or other buildings occupied by people for 20 hours a week or more.


Transpower (FS38.46) Support in part Accept

Federated Farmers (FS14.161) Oppose Accept in part

Reasons The original submission from Transpower requested a new definition be inserted into the proposed District Plan to deal with the establishment of sensitive activities adjacent to the National Grid. This attracted three further submissions outlined below. RNZ considers that the submitter‟s proposed definition of “sensitivity activities” is specific to the electricity transmission network only (and is not designed to have a broader application). Accordingly, RNZ proposes an amendment to the submitter‟s definition, as follows, to make this clearer: “Sensitive Activities: (in relation to the transmission network)...” Federated Farmers considers the definition proposed by Transpower could capture primary production activity which it does not consider a sensitive activity and refers to the definition provided in the NPS on electricity transmission. As a result of the work Transpower has done around the country, it now supports the following definition of sensitive activities: “Sensitive activities in relation to the National Grid transmission lines mean any one of the following activities: 1. Residential Activity, 2. Residential Care Activity,

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3. Education Facility (excluding language schools and tertiary education facilities and other adult education facilities),

4. Hospital Activity, 5. Day Care Activity.” This definition relates to the new proposed rules in the Rural Zone in relation to activities within 12 m of a National Grid tower, pole or centreline of a National Grid line. The further submission from Transpower regarding an amended definition for Sensitive activities is accepted and the submissions from Transpower (original submission point) and Radio New Zealand are accepted in part given they support in part. The further submission from Federated Farmers is accepted in part as the new definition proposed would ensure that farm buildings would not be captured by this definition. The new definition is appropriate to ensure those activities that are most sensitive to the National Grid are managed appropriately.

Significant Natural Hazard Risk (new)

4.62 Submitter /

Further Submitter



Decision requested: Include definition of Significant Natural Hazard risks.

Environment Southland (FS34.9) Oppose Accept in part

Reasons Environment Southland requests, as per its original submission, that a note be included in Policies NHZ.1 and 2 referring to the guidance in the PSRPS on what significant risk is in relation to natural hazards. As outlined in the Natural Hazards decision report, the guidance provided in the PSRPS has been included within the Natural Hazards section of the proposed District Plan with a few amendments to reflect the submission points made by Southland District Council on that part of the PSRPS. Therefore, this further submission point is accepted in part. The submission point is accepted in part as some clarity is being provided, however, it is acknowledged that this is not in the form of a definition.

Site

4.63 Submitter /

Further Submitter



Decision requested: Two distinct definitions included in the plan for the different meanings of „site‟.

Radio New Zealand (FS27.45) Support in part Reject

Reasons The submitter identifies that there are several terms used within the plan, interchangeably. This is a matter that is discussed within the Rural Zone decision report. As outlined in that report under Section 4.101, the definition of site is to be amended to “an area of land that a specific activity occupies”.

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To assist with the clarity between the different terms used for an area of land, the definition of property has also been amended to assist with the interpretation and distinction from the term „site‟. The further submission is rejected as it relates to specific matters for their site. As outlined in the subdivision decision report the requests made to create specific rules for its transmitter site have been rejected.

Site Boundary

4.64 Submitter /

Further Submitter


NZ Institute of Surveyors (244.82) Oppose Accept

Decision requested: Clarify site definition as per submission point 244.81 above.

Reasons The submitter considers that, as this definition relies on the definition of site, the interpretation of what is considered a site boundary is confusing. As the Rural Zone decision report discussed three different words are used to define a specific area of land - certificate of title, property and site. The definition of site has been amended to refer only to a specific area of land associated with an activity. A site boundary is more commonly related to a legal boundary - as such this should now be referred to as property boundary. Therefore this submission point is accepted and the definition amended to: Property Boundary: Means the area legally defined as the extent of the property.

Site of Cultural Significance

4.65 Submitter /

Further Submitter


NZ Institute of Surveyors (244.80) Oppose Noted

Decision requested: Clarify site definition as per submission point 244.81 above.

Reasons The submitter has identified a continuation of the confusion between use of site and property. It has requested that the definitions be clarified to ensure that it is clear which definition is to apply for which activity. As discussed above, these are matters that have been discussed within the Rural decision report as the submitter raised similar concerns through submission points on that section of the plan. This submission point is noted as other amendments have been undertaken to address these matters both through the decisions made above regarding the definition of site and within the rural rule wording.

Small and Community Scale Distributed Electricity Generation

4.66 Submitter /

Further Submitter



Support Accept

Decision requested: Retain.

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Reasons The submitter‟s support is accepted.

[Soil] Cultivation

4.67 Submitter /

Further Submitter




Reasons The submitter‟s support is accepted.

Solid Waste

4.68 Submitter /

Further Submitter


Fulton Hogan and Southern Aggregates (240.15)


Decision requested: Amend the Definition of “Solid Waste” to read:

“means any solid materials, regardless of form, that require permanent disposal, or are diverted from disposal to be reused or recycled, but does not include Cleanfill”.

H W Richardson Group Ltd (FS16.9)


Reasons The submitter supports the definition in part but notes that it is not clear from the definition that cleanfill is not also included as solid waste and suggests a wording change to make it clear that cleanfill is covered by another definition. The further submitter supports the suggested change. The reference to solid waste is intended to include cleanfill, given this definition supports the interpretation of the objectives and policies in Section 2.8 Waste, Hazardous Substances and Contaminated Land. This policy framework does include the management of cleanfill as solid waste as demonstrated by the explanation to Policy WASTE.2. There are no specific rules relating to Solid Waste other than the cleanfill rule in the Rural Zone. As outlined in the Waste Rules note “Farm landfills and dead holes (offal pits) are activities controlled through the Southland Regional Council‟s Regional Plans and are permitted in the Rural Zone through compliance with the earthworks and cleanfill provisions of this District Plan.” Therefore the submitters support is accepted but the requested amendment has not been made. The definition has however, been amended to align with the definition outlined in the Regional Water Plan.

Surface Water Activities (new)

4.69 Submitter /

Further Submitter



Decision requested: Not stated: it is considered that the submitter is requesting the following: Insert a definition of “Surface Water Activity

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Fish & Game (FS43.27) Support Reject

Reasons The submitter noted that “Surface Water Activity” has not been defined, therefore swimming and boating would be a non-complying activity under rule SWA.3 (see also submission point 244.35 in the summary sheet for Section 2.13). The further submitter supports this submission point and notes that as surface water activity is not defined, therefore swimming and boating may be classified as a non-complying activity under Rule SWA.3. The permitted activity rule in Section 2.13 - SWA.1 provides for non-commercial recreational activities as permitted activities as long as they meet certain performance conditions. These matters have also been discussed within the decision report for Surface Water. It is considered that this rule provides for activities such as swimming and boating and no further definition is required. The submission and further submission are therefore rejected.

Temporary Event

4.70 Submitter /

Further Submitter


AgResearch (145.7) Support Accept in part

Decision requested: Amend the definition for “temporary event” in Section 4 Definitions as follows:

“means a social, cultural or recreational event that has a duration of less than 72 hours, including entertainment events, carnivals, festivals, fairs, markets and exhibitions and associated temporary buildings, structures and carparks, but excludes field days held at the Woodlands Agricultural Research Farm.”

OR

Make any alternative changes appropriate to achieve the same outcome being sought by AgResearch.

Reasons The submitter has noted that the Woodlands Agricultural Research Farm is periodically used for Field Days for the local farming community (eg the Meat and Wool New Zealand Southern South Island Sheep and Beef Council Field Day). It is concerned that under the plan as currently worded it is not clear whether this would be defined as a “temporary event”, but if it is, resource consent would be triggered because the main access to the site is via Woodlands Morton Mains Road which is classified as a State Highway/Regional Arterial Road in Schedule 5.11 of the proposed District Plan. This submission is accepted in part as it is considered that the submission raises a valid point regarding temporary field days type events. There are a number of known temporary events held within the Southland District Council area that would also be affected by the rule and associated definition as drafted. Amendments to Rule RURAL.1(14) have been made as enabled by the second part of the submission point “alternative changes”. Access from a state highway or regional arterial road would be required to be approved by the relevant roading authority and the approval of an appropriate Traffic Management Plan dealt with as part of that process. Given this it is considered acceptable to remove the performance condition (d) from the rule, and add a note indicating this other requirement. With regard to the length of time allowed for set up, two days is not sufficient for an activity such as Waimumu Field days and many other events and therefore RURAL.1(14)(c)(i) has been amended to provide for seven days either side of an event for set up and pack down.

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Therefore Rule RURAL.1(14) Temporary Activities is amended as follows: (a) The temporary event does not exceed six days in any calendar year. (b) The temporary event shall not operate outside of the hours of:

• 7.30 am - 10.00 pm, Monday to Saturday; and • 7.30 am - 6.00 pm, Sundays and public holidays.

(c) Any structures associated with that event shall be erected: (i) No more than two seven days before the event occurs; and (ii) Removed no more than three seven days after the end of the event.

(d) The site on which the temporary event occurs shall be returned to its original condition no more than three days after the end of the event.

(e) There shall be no direct access to sites of temporary events from a State Highway or Regional Arterial Road.

(f) Adequate provision is made for waste collection and disposal including provision of toilet facilities.

Note: Any access for a temporary event shall require approval from the relevant road controlling authority (Southland District Council or New Zealand Transport Authority), this will require the submission and approval of a Traffic Management Plan.

Telecommunication Line (new)

4.71 Submitter /

Further Submitter


Chorus (198.15)

Telecom (199.14)


Decision requested: Insert new definition of "Telecommunication Line" as follows:

"Telecommunication Line (as defined by Section 5 of the Telecommunications Act 2001):

(a) Means a wire or a conductor of any kind (including a fibre optic cable) used or intended to be used for the transmission or reception of signs, signals, impulses, writing, images, sounds, instruction, information, or intelligence of any nature by means of any electromagnetic system; and

(b) Includes

(i) any pole, insulator, casing, fixture, tunnel, or other equipment or material used or intended to be used for supporting, enclosing, surrounding, or protecting any of those wires or conductors; and

(ii) any part of a line.

Reasons The submitters argue that a definition for “Telecommunication Line” should be included within the proposed plan to remove uncertainty for plan users (see also submission points 198.6 and 199.6 in the Energy Minerals and Infrastructure summary sheet). The submission point is accepted and a definition has been included. It should be noted that the submission point is only accepted in part as a minor amendment has been made to clarify that it is the term „line‟ that is defined in the Telecommunications Act 2001 not „Telecommunication Line‟.

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Temporary Military Training Activities (new)

4.72 Submitter /

Further Submitter


New Zealand Defence Force (120.1)


Decision requested: New definition as below:

“Temporary military training activities means a temporary military activity undertaken for defence purposes. The term „defence purposes‟ is as defined in the Defence Act 1990.

Reasons The submitter requests that a new definition for „Temporary Military Training Activities‟ is added to the plan to assist with the clear and unambiguous application of Rule NSE.4 and to clarify that „Temporary Military Training Activities‟ are not the same as Temporary Events and Temporary Activities within the rules. The submission point is accepted in part and a definition has been inserted into the plan as it is acknowledged that the plan refers to “Temporary Military Training Activities” and does not include a definition. In addition the term is not defined in the Resource Management Act 1991. The definition that has been included is a slight amendment to that proposed by the submitter to ensure that the word to be defined is not used as part of the definition. It is noted that the submitter raised concern at the hearing regarding the wording of the definition in the staff recommending reports as it could have been interpreted that „Temporary Military Training Activities‟ was defined in the Defence Act, when it was intended to refer to the „defence purposes‟ definition in the Defence Act. A slight amendment to the definition as outlined in the recommending report has been made to address this. Therefore the definition has been included as follows: “Means a short term military activity undertaken for defence purposes (defined in the Defence Act 1990).” It is also noted that an addition has been made to the noise rules to clarify that temporary military training activities are exempt from Rule NSE.5 which deals with temporary activities and events as these are covered by their own rule (Rule NSE.4).

Transmission Corridor

4.73 Submitter /

Further Submitter



Decision requested: Amend the definition to refer to the appropriate distance included in NZECP 34:2001.

Transpower (FS38.54) Oppose in part Accept

Submitter /

Further Submitter


Clark Fortune McDonald and Associates (248.14)

Oppose Reject

Decision requested: Amend the definition to refer to the appropriate distance included in NZECP 34:2001.

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Submitter /

Further Submitter


Federated Farmers (268.115) Oppose Reject

Decision requested: Adopt the MfE definition for „Transmission Corridor‟ and include a clause that the buffer zones sought are a matter for negotiation between the transmission line owners and the landowner.

Submitter /

Further Submitter


Transpower NZ Ltd (190.35) Support in part Accept in part

Decision requested: That the definition of “transmission corridor” be amended as follows:

Transmission Corridor: Means the area measured either side of the centreline of above ground electricity transmission lines as follows:

16 m for the 110 kV transmission lines on pi poles

37 m for the 220 kV transmission lines

the area of land located within 16 metres either side of the transmission line.

That a new definition for transmission yard be added as below:

Transmission Yard: Means the area located 12 m in any direction from the outer edge of an electricity transmission support structure; and the area located 12 m either side of the centreline of an overhead electricity transmission line.

Note: The Transmission Corridor and Transmission Yard do not apply to underground cables or any transmission lines (or sections of lines) that are designated.


Federated Farmers (FS14.163) Oppose Reject

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Reasons These submissions all request amendments to the original definition of Transmission Corridor. As a result of further discussions with Transpower, the Transmission Corridor has requested to be referred to as “National Grid Corridor and the distances as listed in their submission (190.35) and shown on the above diagram incorporated into the definitions of the proposed District Plan. These are distances that would apply to new subdivisions creating allotments with building platforms near to the National Grid. They do not apply to activities within the Rural Zone. These matters are discussed in more detail within the Rural Zone recommending report. The submission from Transpower also seeks to establish a new definition of a National Grid Yard - this relates to an area located 12 metres either side of the support structure or centre line. This definition also relates to rules associated with earthworks within the Rural Zone and the Subdivision section. These matters are discussed further in those relevant recommending reports. It was not recommended to refer to a transmission yard in that report. The submissions from the NZ Institute of Surveyors, Clark Fortune McDonald and Associates consider that the appropriate distance should be drawn from the New Zealand Code of Electrical Practices. This provides minimum safe distances for buildings to be constructed from Transmission Lines.

The submission from Federated Farmers requests a definition from Ministry for the Environment be utilised and that these matters are left to negotiation between Transpower and the relevant landowner.

At the hearing Transpower further outlined the reasoning behind their requests for amendments to the definitions. In addition to the insertion of Yard and Corridor definitions they also requested an amended definition for National Grid to ensure that all aspects of their operations were provided for. The requested amendments from Transpower relating to insertion of definitions for National Grid, Yard and Corridor are accepted and these new definitions inserted into the definitions section of the plan. These are supported by the proposed rules within the Rural Zone regarding activities adjacent to the National Grid, earthworks rules and Subdivision Rules.

The submissions from Federated Farmers have been rejected; Transpower has revised significantly the requirements for setback and consent in relation to development adjacent to the National Grid. These amendments are in line with an approach nationally that Transpower is taking towards District Plan provisions and are in keeping with recent consent orders agreed between Federated Farmers and Transpower. These provisions are considered necessary and appropriate to ensure the safe and efficient operation of the National Grid.

The submissions from the NZ Institute of Surveyors, Clark Fortune McDonald and Associates are rejected as the code referred to only sets the minimum safe distances and are not to be relied upon for new developments or subdivisions. Transpower has outlined the manner in which the Grid operates and demonstrated the necessity of the additional setbacks beyond those outlined as minimum standards within the code of practice.

Transmission Network

4.74 Submitter /

Further Submitter


Transpower NZ Ltd (190.34) Support Accept in part

Decision requested: Retain definition

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Reasons The submitter has further clarified that it requests the term to be amended to National Grid rather than the existing term. This further submission is therefore accepted and the original submission accepted in part only.

Versatile Land (new)

4.75 Submitter /

Further Submitter



Oppose Reject

Decision requested: Add the following definition to Section 4 for „Versatile land‟:

“Refers to the most highly versatile land in the District, and is generally land which contains well drained, friable and well structure soils and which are capable of sustaining high levels of continuous cultivation. This is generally “Land Use Capability Class I, II, and III” land.”

Reasons The submitter requests that a new definition be included and has requested in other submission points addressed within the Rural Zone report that the term „versatile soil‟ replaces the term „high value soils‟ or „land resource‟. As outlined in the Rural Zone decision report (Section 4.19) the current wording has been retained and is more consistent with the terminology used by Environment Southland, therefore the term „versatile soil‟ has not been used within the plan. For those reasons, the submission point is rejected.

Water and Surface Water (new)

4.76 Submitter /

Further Submitter


Southern DHB (228.8) Oppose Accept in part

Decision requested: Include definitions for “water” and “surface water” in the definitions, ensuring that they cover all the water sources/bodies included in Section 4.

South Wood Export Ltd

(FS40.29)

Support Reject

Reasons The submitter notes that while Section 2.13 talks about „water‟ and „surface water‟ there are no definitions to clarify what these words/terms mean which have the potential to create confusion. The further submitter supports the submission and also requests that a definition of waterbody be included in the plan. The Resource Management Act 1991 defines “Water” and this is a key definition in the hierarchy of policy and plan documents under this legislation. This submission is accepted in part as it has been decided in Section 4.39 to insert definitions from the Act relating to water and water body.

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Wilding Trees (new)

4.77 Submitter /

Further Submitter


Environment Southland (16.93) Oppose Accept in part

Decision requested: That a new definition of “wilding trees” be inserted into the District Plan, as follows:

Wilding trees - The natural regeneration (seedling spread) of introduced trees. The term is usually applied to conifers, which represent most of the major spreading forestry species of concern. Unwanted wilding tree spread can have major impacts on economic, (eg. pastoral farming and commercial forestry), environmental (eg, biodiversity, water yield) and cultural/social (e.g. landscape, recreation) values.

It is noted that the above definition is adapted from the widely recognised publication “Wilding Prevention: guidelines for minimising the risk of unwanted wilding spread from new plantings of introduced conifers” written by Nick Ledgard and Lisa Langer.

Forest & Bird (FS33.49) Support Accept

P D Chartres t/a Te Anau Downs, P D Chartres Trust and P D Chartres and F Munster (FS37.109)

Support in Part Reject

Reasons The submitter argues that a definition of “wilding trees” should be included in the District Plan, to provide clarity to plan users. Both further submitters support the submission point with one arguing that the definition should be amended to incorporate indigenous trees. Environment Southland‟s submission point and the support of Forest & Bird is accepted in part and a portion of their definition of “wilding trees” has been added to the plan. A definition will provide guidance to plan users and will assist with interpretation of plan rules. The suggested changes in the Chartres‟ submission relating to the inclusion of indigenous trees (as outlined below) are rejected. “Wilding trees - the natural regeneration (seedling spread) of introduced trees. The term is usually applied to conifers, which represent most of the major spreading forestry species of concern. Unwanted wilding tree spread.....” The reason for this is that the District Plan has a specific section covering rules relating to the indigenous vegetation. In contrast, the wilding pine provisions of the District Plan are focused on the issue of pest control. As such, the two types of vegetation (indigenous) and (exotic wilding pines) should be treated as separate types of vegetation. The plan rules relating to wilding trees should be specific to those identified in the suggested definition.

4.78 Submitter /

Further Submitter


NZ Institute of Surveyors (244.84) Oppose Accept

Decision requested: Include definition of wilding trees

Reasons This submission point is accepted and a definition of “wilding trees” is included in the plan. Discussion on the reasons why this is appropriate is covered above in Section 4.77 of this report.

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Wind Energy Facility

4.79 Submitter /

Further Submitter


Pioneer Generation Ltd (21.23) Oppose Noted

Decision requested: Amend definition of Wind Energy Facility as follows:

Wind Energy Facility: Means the land, buildings, substations, turbines, structures, transmission lines required to link the wind energy facility to the transmission network, earthworks, access tracks and roads associated with the generation of electricity by wind force and the operation of the wind energy facility. It does not include:

1. Domestic scale turbines of less than 5 kW.

2. The transmission lines required to link the wind energy facility to the transmission network.

Meridian Energy Ltd (FS9.63) Support in part Noted

Reasons Pioneer Generation Ltd is opposed to the definition of “Wind Energy Facility” as it is not consistent with the NPSREG and should include the system of conveyance required to convey electricity to the distribution network etc. Meridian Energy Ltd, in its further submission, argues that if transmission lines were included in the definition, it is important that the activity status for any transmission lines and associated infrastructure already provided for under the infrastructure has not changed by inserting these matters into the definition. This definition is not used within the proposed District Plan and therefore a definition is not considered necessary. The definition has therefore been deleted and the submission points noted.

4.80 Submitter /

Further Submitter



Oppose Noted

Decision requested: Amend definition to exclude investigation activities from the definition of a wind energy facility. The definition should read:

Wind Farm Energy Facility: means the land, buildings, substations, turbines, structures, earthworks, access tracks and roads associated with the generation of electricity by wind force and the operation of the wind energy facility. It does not include:


2. The transmission lines required to link the wind energy facility to the transmission network.

3. Investigation activities provided for under Rule ENGM.1 or ENGM.2.

Reasons New Zealand Wind Energy Association opposes the definition and argues that the term „wind energy facility‟ should be replaced with „wind farm‟ as this is the term most commonly applied to utility scale wind energy developments in New Zealand and the world. Investigation activities should be excluded as they are separate development activities which should be treated separately in the District Plan framework. As outlined in Section 4.79 above, the term is not used within the proposed District Plan and therefore it has been deleted and the submission point noted.

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Woodlands Agricultural Research Farms (new)

4.81 Submitter /

Further Submitter


AgResearch (145.6) Oppose Reject

Decision requested: Include the following definition for “agricultural research activities” in Section 4 - Definitions:

“Agricultural research and development and ancillary activities including education facilities, laboratories, pilot plants for research purposes, staff offices and facilities, field days.”

OR

Make any alternative changes appropriate to achieve the same outcome being sought by AgResearch.

Reasons The submitter would like a new definition added to the plan to provide for agricultural research activities at the Woodlands Agricultural Research Farms as a permitted activity. As outlined in the Rural Zone decision report, it is noted that the Woodlands Agricultural Research Farm operates under existing use rights and many of the activities it currently undertakes would be provided for as a permitted activity anyway. As a result, the submission point is rejected. The Committee has however, made a number of other changes to the proposed plan in response to the submitters requests, additional wording has been added to Rural Policy.1 and amendments have been made to the d temporary event rule to provide for field day events.

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5. Proposed District Plan Definitions as amended by the Committee’s Decisions on submissions

Sect ion 4 - De f in i t ions

Accessory Building: means a building associated with a dwelling (whether the dwelling exists or not). This includes but is not limited to: a garage, carport, tool shed, playroom, glasshouse, swimming pool, spa pool and sleepout. means a subordinate detached building or structure (and includes but is not limited to a carport, garage, swimming pool) where:

1. The use is clearly incidental to the site of the principal building on the land, or to any permitted use of the land if not built upon.

2. The use is customary in connection with the principal building or permitted use of the land.

3. The accessory building is located on the same site as the principal building.1 Adjoining: means to share a common boundary with. Amenity Planting: means the planting of vegetation for the primary purpose of enhancing the shelter, privacy or visual quality of a site. Animal Boarding Activity: means the use of any land and/or buildings where animals are temporarily housed as a commercial service for owners, or for animal welfare or quarantine purposes. It does not include pet shops, veterinary clinics, breeding kennels, calf rearing sheds, stables and similar shelter for private and farming uses. Antenna: means a device that:

1. Receives or transmits radiocommunication or telecommunication signals.

2. Is operated by a network operator, and

(a) Includes the mount, if there is one, for the device.

(b) Includes the shroud, if there is one, for the device. Archaeological Site: means any place in New Zealand that:

1. Either:

(a) Was associated with human activity that occurred before 1900.

(b) Is the site of the wreck of any vessel where that wreck occurred before 1900; and

2. Is or may be able through investigation by archaeological methods to provide evidence relating to the history of New Zealand. Archaeological sites may be of any cultural origin, including but not limited to Māori, European/Pakeha and Chinese. All archaeological sites are protected by the Historic Places Act 1993 Heritage New Zealand Pouhere Taonga Act 2014. An archaeological authority from the New Zealand Historic Places Trust Heritage New Zealand2 will be required to modify, damage or destroy any archaeological site.

1 Section 4.1

2 Minor administrative amendment Clause 16, Schedule 1, Resource Management Act 1991.

50


Biodiversity: means the variability among living organisms and the ecological complexes of which they are a part, including diversity within species, between species and of ecosystems. Within the context of the District Plan this refers to ecosystems that support indigenous vegetation and habitats of indigenous fauna. Boundary Adjustment: means a subdivision to adjust the boundary between adjoining lots where as a result of the adjustment, the number of lots does not exceed the number of lots previously existing. No lot shall be created which is smaller than the smallest existing lot prior to the subdivision. means a subdivision to adjust the boundaries between adjoining titles where no additional titles are created.3 Building Platform: means a nominated area of land site 4suitable for the erection and occupation of a building. Building: shall have the same meaning as in the Building Act 2004, but does not include:

1. Fences or walls of 2 metres in height or less above-ground level or retaining walls orof5 2 metres in height or less below-ground level, not used for a sign or for any purpose other than as a fence, retaining wall or wall.

2. Structures less than 10 m2 in area and in addition less than 2 metres in height above-ground level.

3. Radio and television aerials (excluding dish antennae for receiving satellite television which are greater than 1.2 metres in diameter), less than 2 metres in height above- ground level.

4. Masts and poles less than 2 metres in height above-ground level. Cabinet: means a casing around equipment that is necessary to operate a telecommunication network. Car Boot Sales: means the selling of items from a car boot or trunk in the form of a market in which private individuals come together to sell household and garden goods. Cleanfill: means any material that when buried will have no or minimal adverse effect on people or the environment. Cleanfill material includes virgin natural materials such as clay, soil and rock and other inert materials from construction or demolition activities such as concrete or brick that are free of: 1. Combustible, putrescibles, degradable, compostable or leachable components (e.g.

animal carcasses, green / garden waste, timber, bark, cork, tree roots, new asphalt; 2. Hazardous substances (eg, coal tar, or asbestos); 3. Products or materials derived from the treatment, stabilisation or disposal of

hazardous waste; and waste treatment, hazardous waste stabilisation or hazardous waste disposal practices.

4. Materials that may present a risk to human or animal health such as medical and veterinary waste, asbestos or radioactive substances.

5. Liquid waste (including sludges).6 Clearance, Modification or Removal of Indigenous Vegetation: means the felling, clearing or modification of any indigenous vegetation by cutting, crushing, cultivation, spraying, burning, over grazing, mobstocking or the planting of exotics within.

3 Section 4.2



6 Section 4.7

51


Commercial Activity: means the use of land and/or buildings for the display, offering, provision, sale or hire of goods, equipment or the provision of personal services, or financial and professional services. This includes but is not limited to retail activities and ancillary workrooms, administrative offices, garden centres and restaurants, but excludes any activity otherwise defined as a commercial recreational activity, breeding kennel, animal boarding activity, industrial activity, roadside sales activity, service stations, health care facility, community activity, visitor accommodation or home occupation. Commercial Recreation Activity: means the use of any land and/or buildings for commercial profit where the public pays to undertake some form of sport or game or other such recreation. This includes, but is not limited to, golf courses, gymnasiums, health clubs and swimming pools, but excludes such activities on reserve land and school sites and any communal activity. Community Activity: means the use of any land and/or buildings providing a service or source of advice or assistance to the public and includes municipal administrative offices, civic activities, meeting facilities and places of worship. Community facility has the same meaning. Conductor: means wire or cable used for carrying electric current along a transmission line and includes any hardware and insulation associated with the wire or cable. Contaminated Land: means any land that has a hazardous substance in or on it that:

1. Has significant adverse effects on the environment. or

2. Is reasonably likely to have significant adverse effects on the environment. Council Reserve: includes both reserves subject to the Reserves Act 1977 and Council owned land being parks, reserves and open spaces.7 [Soil] Cultivation: means the agricultural preparation of the soil by mechanical agitation of various types, such as digging, stirring and overturning but does not include earthworks. Curtilage: means the area occupied by a dwelling, grounds and accessory buildings. Distribution Line: means a line and/or structures conveying electricity that:

1. Is not part of the national grid.

2. Carries electricity at a voltage less than 110 kV. Distribution Network: means distribution lines and associated equipment used for the conveyance of electricity on lines other than lines that are part of the national grid. Domestic Gardening: means the preparation of the soil, maintenance and growing of plants including associated soil disturbance and harvesting of produce, associated with a dwellinghouse and/or is ancillary to residential activity. It does not include soil cultivation for agricultural purposes or earthworks. Dwellinghouse: (as defined by the Act) Dwelling Unit and Dwellinghouse (as defined by the Act) has the same meaning.

7 Section 4.19

52


Earthworks: means any movement of earth, including the excavation or deposition of earth or cleanfill that results in changes to the existing ground level. This includes, but is not limited to, excavation, infilling, recontouring and construction of any road, track or drainage channel. This also includes earth movement associated with subdivision and site works as defined by the Building Act 2004. It excludes soil cultivation and earthworks associated with the permitted regional rules for storage of silage, drain clearance, agricultural effluent ponds as outlined under the Regional Water Plan. Further earthworks are permitted for the placement, erection or reconstruction of dams and weirs in, on or over the bed of any lake, river, modified watercourse or stream in accordance with Rule 29(a) of the Regional Water Plan for Southland.8 Ecosystem Services: means the benefits people obtain from ecosystems, including:

1. Provisioning services - the products obtained from ecosystems including, for example, genetic resources, food and fibre and freshwater.

2. Regulating services - the benefits obtained from the regulation of ecosystem processes including for example, the regulation of climate, water and some human diseases.

3. Cultural services - the non-material benefits people obtain from ecosystems through spiritual enrichment, cognitive development, reflection, recreation and aesthetic experience including knowledge systems, social relations and aesthetic values.

4. Supporting services - those ecosystem services that are necessary for the production of all other ecosystem services.

Examples include biomass production, production of atmospheric oxygen, crop pollination, soil formation and retention, nutrient cycling, water cycling and provisioning of habitat. Education Activity: means the use of any land and/or buildings for the provision of regular instructions, teaching, learning or training at state, private or integrated facilities, together with any associated boarding activities and includes ancillary administrative, recreational, religious, cultural, carparking and retail facilities. This includes, but is not limited to, any preschool, primary school, intermediate school, secondary school, kohanga reo, language school, learning centre and tertiary education facility. Educational facility has the same meaning. Elderly Persons and Kaumatua Housing Unit: means one of a group of residential units used for the accommodation of elderly persons or Kaumatua. Emergency Generator: means any internal combustion engine located at a facility that serves solely as a secondary source of mechanical or electrical power when the primary source is disrupted or discontinued during a period of emergency due to a situation beyond the control of the owner/operator of the facility. Emergency Situation: is defined as loss of primary power due to power outage, on site disaster, or act of God, beyond the control of the owner/operator. Emergency situation shall not include power interruptions pursuant to an interruptible power service agreement, engine testing or scheduled maintenance. Energy Facility: means a structure, site or plant used exclusively for the generation or processing of energy. It excludes any small and community scale distributed electricity generation. This includes the system of electricity conveyance (including substations) required to convey electricity to the distribution network and/or the national grid but excludes the distribution network and/or the national grid.9

8 Section 4.161 of Rural Zone Section 42A report

9 Refer to Section 4.27

53


Entertainment Activity: means any land and/or buildings providing entertainment, whether a charge is made for admission or not. It includes cinemas, theatres and licensed premises. Entertainment facility has the same meaning. Existing Envelope (for electricity generation facilities): is the floor area / structure footprint that has been consented or otherwise authorised for the activity.10 Farmers’ Market: means any land and/or buildings used by vendors representing farmers and/or producers who have set up individual booths or stalls, to sell produce, meat products, fruits, prepared foods and beverages direct to consumers. Farming: means an agricultural activity having as its primary purpose the production of commodities such as food, milk and fibres for human or animal consumption any livestock or crop, using the in situ soil, water and air as the predominant medium for production, but excludes soil cultivation above an elevation of 8700 metres and the activity of intensive farming11. Forestry: means the use of land for the planting, tending and harvesting of trees for commercial gain, including the location and operation of mobile sawmill facilities on a site for no longer than three months in any 12 month period, but excludes any other sawmilling or timber processing. Garden Centre: a commercial activity that sells plants and related products for the domestic garden as its primary business. Generator: means any machine that converts mechanical energy into electricity to serve as a power source for other machines. Habitable Space: means a space used for activities normally associated with domestic living but excludes any bathroom, laundry, water closet, pantry, walk in wardrobe, corridor, hallway, lobby, clothes drying room or other space of a specialised nature occupied neither frequently nor for extended periods in a dwelling, apartment or in a short term accommodation establishment. Hazardous Facility: means any land and/or buildings where a hazardous substance is stored or handled and any installations containing a hazardous substance, including, vehicles parked on sites laden with hazardous substances and where necessary their transportation routes. Hazardous facilities do not include:

1. Trade waste sewers, or waste treatment and disposal facilities (this exception does not apply to the storage of hazardous substances or waste associated with these facilities).

2. The storage and use of hazardous consumer products in domestic quantities, including flammable gases.

3. Retail outlets for the sale of hazardous substances for the domestic use (eg supermarkets, hardware shops, pharmacies).

4. Facilities posing a risk of dust explosions.

5. Gas or oil pipelines.

6. Fuel in motor vehicles, boats and other small engines.

7. The occasional loading and unloading of hazardous substances on a site where this forms only a minor part of site operations.

10 Refer to Section 4.25 11

Refer to Section 4.28 and Section 4.29

54


8. Liquid milk or liquid organic food storage provided that any spillage is prevented from entering a waterbody or from seeping into an underground water supply.

Hazardous sub-facility: means a hazardous facility that is more than 30 metres from another hazardous facility on the same site.12 Hazardous Substance: (as defined by the Hazardous Substances and New Organisms Act 1996) means unless expressly provided otherwise by regulations,13 any substance:

1. With one or more of the following intrinsic properties:

(a) Explosiveness.

(b) Flammability.

(c) A capacity to oxidise.

(d) Corrosiveness.

(e) Toxicity (including chronic toxicity).

(f) Ecotoxicity, with or without bioaccumulation.

2. Which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any one or more of the properties specified in (1) above.

Hazardous Waste: means any waste that:

1. Contains hazardous substances at sufficient concentrations to exceed the minimum degrees of hazard specified by Hazardous Substances (Minimum Degrees of Hazard) Regulations 2000 under the Hazardous Substances and New Organisms Act 1996.

2. Meets the definition for infectious substances included in the Land Transport Rule: Dangerous Goods 1999 and NZ Standard 5433:1999 - Transport of Dangerous Goods on Land14.

3. Meets the definition for radioactive material included in the Radiation Protection Act 1965.

Height: means the vertical distance between the highest point of the building and the ground level at the base of the building. In determining height, the rolling height method shall be used:

12

Refer to Section 4.44 - Waste, Hazardous Substances and Contaminated Land Report 13

Refer to Section 4.77 - Waste, Hazardous Substances and Contaminated Land Report 14

Substances that are known, or reasonably expected, to contain pathogens, including bacteria, viruses, ricksettia, parasites, fungi or recombinant micro-organisms (hybrid or mutant) that are known, or reasonably expected, to cause infectious disease in humans or animals that are exposed to them.

55


For the purpose of this definition:

1. Where a building or structure is supported on poles, pillars, or by any other means, they will be considered to be part of the base of the building or structure.

2. In calculating the height of a building or structure, the following items shall be excluded:

(a) In all zones - architectural appurtenances, chimneys and solar heating panels.

(b) In the Industrial Zone - lift towers and machinery rooms provided that such items:

(i) do not exceed a vertical distance of 3 metres above the maximum height permitted for the building or structure; and

(ii) do not exceed an area, measured in a horizontal plane, of 5% of the gross floor area of the top storey of the building or structure.

Historic Heritage: (as defined by the Act) means those natural and physical resources that contribute to an understanding and appreciation of New Zealand‟s history and cultures, deriving from any of the following qualities:

1. Archaeological.

2. Architectural.

3. Cultural.

4. Historic.

5. Scientific.

6. Technological.

Includes:

7. Historic sites, structures, places and areas.

8. Archaeological sites.

56


9. Sites of significance to Māori, including wāhi tapu.

10. Surroundings associated with the natural and physical resources. Hoarding: means any building, wall, fence or structure or part thereof which is erected or used for the purposes of exhibiting or displaying any advertisement, placard or inscription and also any building, wall, fence, structure upon or against which any advertisement, placard or inscription is displayed and includes any sign used to advertise anything not sold on the premises where the sign is situated, provided this does not apply to any signs associated with the sponsorship of sporting and recreational grounds or bodies where that sign is not generally visible from outside of the site at which it is displayed and excludes off site signage.15 Home Occupation: means an occupation, craft, profession, business, trade or service which is secondary and incidental to the household and which is undertaken by person(s) living permanently on the property and is predominantly contained within the dwellinghouse or any accessory building on the property. Home occupation does not include (amongst other things) the servicing, panel beating or wrecking of vehicles, the storage of any hazardous substance or any activity which requires the holding of a liquor licence under the Sale of Liquor Act 1989 or visitor accommodation. High Value Soils: soils which are known to be highly productive, suitable for multiple uses such as growing a wide range of crops, pasture and forest, and of high versatility for pastoral farming. Classification of a soil as „high value‟ also relates to current and likely future use, and ability to support production in a practical sense. hH16igh value soils include soils classified as Classes 1, 2 or 3 in the New Zealand Land Resource Inventory (NZLRI). Indigenous: in relation to a species of flora or fauna means a species that occurs naturally in New Zealand, resident or migratory, or arrived in New Zealand without human assistance. Indigenous Vegetation: means plant communities dominated by species that are indigenous to New Zealand and includes forest, scrub, shrubland, grassland and wetland vegetation. Industrial Activity: means the use of any land and/or buildings for the manufacturing, repairing, engineering, fabricating, processing, packing or warehouse storing of products or materials. This includes any ancillary retail sales, any associated maintenance, any public display or tour operations within the land or premises, associated offices and staff facilities. Industrial activity includes, but is not limited to, contractor‟s yard or depot and the transfer, storage, treatment or disposal of waste not otherwise defined.

Infrastructure: means:

1. Pipelines that distribute or transmit natural or manufactured gas, petroleum, biofuel, or geothermal energy.

2. A network for the purpose of telecommunication as defined in Section 5 of the Telecommunications Act 2001.

3. A network for the purpose of radiocommunication as defined in Section 2(1) of the Radiocommunications Act 1989.

4. Facilities for the generation of electricity, lines used or intended to be used to convey electricity and support structures for lines used or intended to be used to convey electricity, excluding facilities, lines and support structures if a person:

(a) Uses them in connection with the generation of electricity for the person‟s use.

15

Consequential amendment from decision in Section 4.7 of Signage Report 16

Section 4.53 of Rural Zone Report

57


(b) Does not use them to generate any electricity for the supply to any other person.

5. A water supply distribution system, including a system for irrigation.

6. A drainage or sewerage system.

7. Structures for transport on land by cycleways, rail, roads, walkways, or any other means.

8. Facilities for the loading or unloading of cargo or passengers transported on land by any means.

9. An airport as defined in Section 2 of the Airport Authorities Act 1966.

10. A navigation installation as defined in Section 2 of the Civil Aviation Act 1990.

11. Facilities for the loading or unloading of cargo or passengers carried by sea, including a port related commercial undertaking as defined in Section 2(1) of the Port Companies Act 1988.

12. Anything described as a network utility operation in regulations made for the purposes of the definition of network utility operator in Section 166 of the Resource Management Act 1991.

Intensive Farming: means the commercial raising and keeping of plants or animals where either: • the regular feed source is substantially provided from off other than from grazing the

site concerned. It includes, but is not restricted to:Or: • it Involves the keeping of Pigs outdoors at a rate exceeding 15 pigs per hectare. or • it involves the use of Wintering sheds or feed pads where stock are generally

confined for any period greater than three one months or • it involves the farming of poultry, rabbits, mushrooms or fish farming and the

associated disposal of effluent. It does not include animal boarding activity, breeding kennels, catteries or dog training grounds or the keeping of animals that assist in the management of a farm, eg working dogs.17 Lake: means a body of fresh water which is entirely or nearly surrounded by land18 Landfill: means a site used for the permanent19 deposition of solid waste onto or into land. Livestock: means one or more animals raised as part of a farming or intensive farming activity to produce commodities such as food, milk and fibre. It excludes poultry or farmed fish. Living Room:20 means the main living area within the dwelling and would include a lounge, family room and dining room. Milking Shed: means any building or part of any building used for the extraction of milk from livestock by automated means.

17 Section 4.38 18

Section 4.39 19

Section 4.40 20

Section 4.41

58


Mineral Extraction: means the excavation, blasting, processing (crushing, screening, washing and blending), storage, distribution and sale of mineral products and includes ancillary activities such as earthworks, landscaping and rehabilitation works (including deposition of cleanfill) and treatment of stormwater and wastewater together with ancillary buildings and structures (including caretakers‟ accommodation). Minor Upgrading (in relation to existing energy electricity generation21 facilities): To be completed prior to notification. means an upgrade to an electricity generation facility lawfully established which does not increase the existing envelope by more than 100 m2 or 10% whichever is the lesser, within a 5 year period.22 Minor Upgrading (in relation to transmission and distribution lines): means an increase in the carrying capacity, efficiency or security of transmission and distribution lines utilising the existing support structures or structures of a similar scale, intensity and character and includes:

1. The addition of circuits and conductors.

2. The re-conducting of the line with higher capacity conductors.

3. The re-sagging of conductors.

4. The bonding of conductors.

5. The addition of longer or more efficient insulators.

6. The addition of earth wires which may contain telecommunication lines, earth peaks and lightning rods.

7. The addition of electrical fittings.

8. Support structure replacement within the same or immediately adjacent location within the existing alignment of the distribution corridor location as the support structure that is to be replaced.23

9. The replacement of existing cross-arms with cross-arms of an alternative design.

10. An increase in support structure height required to comply with the New Zealand Electrical Code of Practice 34:2001 by not more than 15% of the base height of the support structure and where the base height is defined as the height of the structure at date of public notification of the District Plan.

11. Minor upgrading shall not include an increase in the voltage of a high voltage transmission line unless the line was originally constructed at the high voltage but has been operating at a reduced voltage.

Mooring: means any weight, post or other structure placed in, or on, the bed of a river or lake for the prime purpose of securing a vessel, raft, aircraft or floating structure. It does not include the anchors of a powered vessel. Multi-Unit Development: means a group of two or more residential units located on one site. National Grid: means the National Grid in its entirety. The National Grid consists of transmission lines and cables (aerial, underground and undersea, including the high voltage direct current line), stations and substations and other works used to connect grid injection points and grid exist points to convey electricity throughout the North and South Islands of New Zealand.

21

Section 4.45 22

Section 4.43 and Section 4.13 of Energy, Minerals and Infrastructure recommending report. 23

Section 4.42

59


National Grid Corridor: means the area measured either side of the centreline of above ground National Grid lines as follows: 16 m for the 110kV National Grid lines on pi poles 37 m for the 220kV National Grid lines National Grid Yard: means the area located 12 m in any direction from the outer edge of a National Grid support structure; and the area located 12 m either side of the centreline of an overhead National Grid line. Note: the National Grid Corridor and National Grid Yard do not apply to underground cables or any National Grid lines .24

Nationally Significant Infrastructure: means existing major infrastructure that has benefits for both this region and beyond.25 Natural Hazard: (as defined by the Act) means any atmospheric or earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire or flooding) the action of which adversely affects or may adversely affect human life, property or other aspects of the environment. Natural Hazard Overlay: means a mechanism used in the Planning Maps to identify areas of the District at risk from flooding or coastal hazards. Network Utility (Network Utilities): means any activity relating to:

1. Distribution or transmission by pipe line of natural or manufactured gas, petroleum or geothermal energy.

24

Section 4.73 25

Section 4.12 and 4.55 of the Fiordland/Rakiura Zone Report

60


2. Operation of a network for the purpose of26 Telecommunication (as defined in Section 5 of the Telecommunications Act, 2001) or radiocommunication (as defined in Section 2(1) of the Radiocommunications Act 1989) a network for the purpose of radio communication, as defined in s2(1) of the Radio communications Act 1989 which is operated by a network utility operator27.

3. The network operated by an eElectricity operatorion or electricity distributorion as defined in Section 2 of the Electricity Act 199228.

4. The holding, transmission and distribution of water (whether treated or untreated) for supply, including irrigation.

5. Stormwater treatment (including stormwater reserve) drainage or sewerage reticulation systems.

6. Construction, operation and maintenance of railway lines, tramways and roads.

7. Construction, operation and maintenance of an airport as defined by the Airport Authorities Act 1966, including the provision of any approach control service within the meaning of the Civil Aviation Act 1990.

8. Any other project or work described as a „network utility operation‟ by regulations made under the Resource Management Act 1991.

And the words “network utility operation” have a corresponding meaning.29 Noise Sensitive Activity: means any one of the following activities undertaken in a building or part of a building:

1. Residential Activity.

2. Visitor Accommodation.

3. Residential Care Activity.

4. Education Activity.

5. Hospital Activity.

6. Health Care Activity.

7. Day Care Activity.

8. Marae Activity.

Off Site Signage: means any signage for a commercial activity in the Rural Zone which is not located on the site to which it relates.

Offensive Trades: includes the following:

1. Blood or offal treating.

2. Bone boiling or crushing.

3. Dag crushing.

4. Fellmongering.

5. Fish cleaning and curing.

6. Flax pulping.

7. Flock manufacturing or teasing of textile materials for any purpose. 26

Section 4.48 27

Section 4.53 28

Section 4.49 29

Section 4.48

61


8. Gut scraping and treating.

9. Solid waste disposal.

10. Storage, drying or preserving of bones, hides, hoofs or skins.

11. Tallow melting.

12. Tanning.

13. Wood pulping.

14. Wool scouring. On Site Wastewater Disposal System: means a wastewater treatment and disposal system designed to treat and dispose of wastewater from the dwelling or dwellings located on that site. Original Utility Structure: means a power pole, street light pole, traffic light pole, or structure like those kinds of poles, as it is before any of the following happens to it:

1. An antenna is added to it.

2. It is modified to enable an antenna to be added to it.

3. It is replaced to enable an antenna to be added to the replacement.30 Other Building: means any other building which use the use of which is ancillary to any farming or intensive farming activity on the site to which it is located, but excludes any dwelling, staff dwelling or accessory building. It includes, but is not restricted to, any milking shed, hay barn, shearing shed, calf rearing shed or wintering shed. Papakainga Housing: means a form of housing development which occurs on multiple-owned Māori land. Māori land is defined by the Te Ture Whenua Māori Act 1993. Plant Nursery: means a place where plants are propagated and grown to usable size. They include garden centres which sell to the general public, wholesale nurseries which sell only to businesses such as other nurseries and to commercial gardeners and private nurseries which supply the needs of institutions or private estates. Potentially Contaminated Land: means a piece of land on which an activity or industry described in the Ministry for the Environment‟s Hazardous Activities and Industries List (HAIL list)31 is, has, or is more than likely than not, to have been or is being undertaken. Primary Production Activity: includes any agricultural, horticultural, floricultural, arboricultural, plantation forestry, or intensive farming activity but does not include mineral extraction or mineral processing.32 Principal Dwellinghouse: means the primary dwelling on a property. A property can have only one principal dwellinghouse at any given time. Produce Stall: means any structure used for the sale of eggs, honey, flowers, fruit or vegetables grown or produced on the property and includes the extracted juices of fruit and vegetables but does not include any other processing beyond cleaning, trimming, extracting juices, freezing or drying.

30

Section 4.51 31

Section 4.16 32

Section 4.20 of the Noise decision report

62


Property: means land held by a person or persons in one or more adjacent certificates of title and includes land held by a person or persons that is traversed by a road, whether formed or unformed. means land held in:

(a) A single certificate of title (b) Two or more adjoining certificates of title held in common occupation that is traversed

by a road, whether formed or unformed33 Site Property Boundary: means the area legally defined as the extent of the property. any boundary of a site and includes any rear boundary, road boundary or side boundary. 34 Prospecting for Minerals: (as defined by the Crown Minerals Act 1991) means any activity undertaken for the purpose of identifying land likely to contain exploitable mineral deposits or occurrences, and includes: geological, geochemical and geophysical surveys, and the taking of samples by hand or hand held methods and aerial surveys. Regionally significant infrastructure:35 Infrastructure of regional significance and includes: a) The regional strategic roads as defined in the Southland Regional Land Transport

Strategy . b) The Southland rail network. c) The national electricity grid, as defined by the Electricity Governance Rules 2003. d) Facilities for the generation and transmission of electricity where it is supplied to the

national electricity grid and local distribution network. e) Broadband and strategic telecommunications facilities, as defined in Section 5 of the

Telecommunications Act 2001. f) A Network for the purpose of Radio Communication, as defined in S2(1) of the Radio

Communications Act 1989 which is operated by a network utility operator36 g) Local authority water supply network and water treatment plants. h) Local authority wastewater and storm water networks, systems and wastewater

treatment plants. i) Life line utilities as defined in the Civil Defence and Emergency Management Act. j) Flood and drainage infrastructure managed by the Southland Regional Council. Renewable Electricity Generation: means the generation of electricity from solar, wind, hydro-electricity, geothermal, biomass, tidal, wave or ocean current energy sources. Replacement Utility Structure: in relation to telecommunication facilities means:

1. An original utility structure that has an antenna added to it.

2. An original utility structure that:

(a) Is modified to enable an antenna to be added to it.

(b) Has an antenna added to it.

3. A replacement of an original utility structure that:

(a) Replaces the original utility structure to enable an antenna to be added to the replacement.

(b) Has an antenna added to it.37

33

Section 4.63 34

Section 4.64 35

Section 4.52 and 4.53 36

Section 4.53 37

Section 4.51

63


Residential Activity: means any use of land and/or buildings by people for the purpose of living accommodation. It includes accessory buildings and leisure activities associated with needs generated principally from living on the site. Reverse Sensitivity: means the vulnerability of an existing lawfully established activity from new activities which are sensitive to the environmental effects already being generated. The sensitivity can result in complaints and also create the potential for the operation and/or expansion of the existing activity to be constrained.38 Riparian Margin: means a strip of land within 5 metres of the bed of any natural watercourse. This excludes any waterbody where the bed of that waterbody is less than 3 metres in width. River: means a continually or intermittently flowing body of fresh water; and includes a stream and modified watercourse; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal)39 Road: has the same meaning as Section 315 of the Local Government Act 1974. Rural-Residential: means a property primarily used for residential purposes and may be associated with small-scale farming and / or „lifestyle‟ activity.40 Rural Service Activity: means any activity that provides a commercial service to any farming or intensive farming activity. It includes seed cleaning, rural contracting and grain drying. Sensitive Activities: (in relation to the National Grid transmission lines) means any one of the following activities: 1. Residential Activity, 2. Residential Care Activity, 3. Education Facility (excluding language schools and tertiary education facilities and

other adult education facilities), 4. Hospital Activity, 5. Day Care Activity.41 Signage: means any name, figure, image, character, outline, spectacle, emblem, monument, statue, display, delineation, announcement, poster, handbill, advertising device or appliance, or any other things of a similar advertising nature, visible from a public place, intended principally to attract attention, whether it is pasted on or fixed to any land or structure, attached to a stationary vehicle, or incorporated within the design of any structure, whether by painting or otherwise which is visible from a public space whether illuminated or not. This does not include any display within any window, or inside a moving vehicle. Significant Natural Hazard Risk: to be confirmed dependent on outcomes of proposed Southland Regional Policy Statement (SRPS) submission on SRPS Policy NH.5. Definition to be added through a Southland Regional Council submission on the proposed Southland District Plan 2012. 42 Site of Cultural Significance: means any site or area indicated on the District Plan Maps, identified in Te Tangi a Tauira Iwi Environmental Management Plan or other relevant registered iwi planning document, or a registered site of archaeological importance as

38

Section 4.54 39

Section 4.39 40

Section 4.58 41

Section 4.61 42

Section 4.23 of Coastal Environment Decision Report

64


holding Māori cultural or spiritual values specific to that site, including wāhi tapu, wāhi taoka, mahika kai and kōiwi takata. Site: means the land comprised in one or more certificates of title which may be disposed of separately. means the area of land that a specific activity occupies.43 Small and Community Scale Distributed Electricity Generation: means renewable electricity generation for the purpose of using electricity on a particular site, or supplying an immediate community, or connecting into the distribution network. Solid Waste: means any solid materials, regardless of form, including containers and their contents which are considered to be of no further economic use, and that require permanent disposal, or are diverted from disposal to or storage until such times that they can be reused or recycled and includes residues from incineration.44 Solid Waste Disposal Facility: means any land and/or buildings used for the storage, transfer, treatment or disposal of solid waste materials or for other waste management purposes, or used for composting organic materials. Solid Waste Disposal Activity has the same meaning. Staff Dwelling: means a dwellinghouse for the residential use of farm owners,45 farm workers or family members, subsequent to the principal dwellinghouse on a site, provided it is constructed on the farming unit to which it relates. Sustainable Forest Management: (as defined by the Forests Act 1949) means the management of an area of indigenous forest land in a way that maintains the ability of the forest growing on that land to continue to provide a full range of products and amenities in perpetuity while retaining the forest's natural values Sustainable Forest Management Permit: (as defined by the Forests Act 1949) means a Sustainable Forest Management Permit approved executed under Section 67M of the Forests Act 1949. Sustainable Forest Management Plan: means a Sustainable Forest Management Plan approved executed under Section 67F of the Forests Act 1949. Telecommunication: as defined by Section 5 of the Telecommunications Act 2001 and for the purposes of this definition includes „Radiocommunications‟ as defined by the Radiocommunications Act 1989. Telecommunication Cable: means a wire or cable used for telecommunication and includes any hardware associated with the wire or cable. Telecommunication Facility: means:

1. An antenna.

2. A cabinet and, if there is one, the concrete foundation plinth for the cabinet. Telecommunication Line: has the same meaning as line (as defined by s5 of the Telecommunications Act 2001): (a) Means a wire or a conductor of any kind (including a fibre optic cable) used or

intended to be used for the transmission or reception of signs, signals, impulses,

43

Section 4.63 and Section 4.101 Rural Zone Decision Report 44

Section 4.68 45

Section 4.107 Rural Zone Section 42A Report

65


writing, images, sounds, instruction, information, or intelligence of any nature by means of any electromagnetic system; and

(b) Includes (i) any pole, insulator, casing, fixture, tunnel, or other equipment or material

used or intended to be used for supporting, enclosing, surrounding, or protecting any of those wires or conductors; and

(ii) any part of a line.46 Temporary Event: means a social, cultural or recreational event that has a duration of less than 72 hours, including entertainment events, carnivals, festivals, fairs, markets and exhibitions and associated temporary buildings, structures and carparks.

Temporary Military Training Activities: means a short term military activity undertaken for defence purposes (defined in the Defence Act 1990).47

Temporary Sign: means any sign not intended for permanent display, on a site or on a road, or which is erected and removed in relation to:

1. A community event.

2. Electioneering.

3. Construction sites.

4. Hazard identification and warning.

5. Selling of land or buildings.

6. A statutory process as required by legislation. Tracking: means the construction and maintenance of a pathway or trail associated with Permitted Activities RURAL.1(1) Farming or RURAL.1(15) Forestry and creates a track that is no wider than 5 metres.48 Trade Waste: means any liquid, with or without matter in suspension or solution, that is or may be discharged from any trade premises, to the Council‟s sewerage system in the course of any trade or industrial process or operation, or in the course of any activity or operation of a like nature, and may include condensing or cooling waters, stormwater which cannot practically be separated, or domestic sewage. It includes any such waste from any industrial, rural service or offensive trade activity. Transmission Corridor: means the area of land located within 16 metres either side of the transmission line. 49 Transmission Line: means:

1. The facilities and structures for, or associated with, the overhead or underground transmission of electricity in the national grid.

2. Includes transmission line support structures, telecommunication cables and telecommunication devices to which (1.) above applies.

3. Does not include an electricity substation. Transmission Network: means the national grid in its entirety. The national grid consists of transmission lines and cables (aerial, underground and undersea, including the high voltage direct current link). Stations and substations and other works used to connect grid

46

Section 4.71 47

Section 4.72 48

Section 4.159 - Rural decision report 49

Section 4.73

66


injection points and grid exit points to convey electricity throughout the North and South Islands of New Zealand. 50 Travel Demand Management: means a set of tools and initiatives to offer people better travel information and opportunities and help people choose to reduce their need to travel by car. 51 Visitor Accommodation: means the use of land and/or buildings for the provision of accommodation by fee paying customers for a daily tariff. This includes hotels, motels, hostels, backpackers, camping grounds, homestays and bed and breakfasts. Waste Transfer Facility: means any land and/or buildings which receive solid waste for the purpose of sorting and/or aggregating prior to being transported to a Solid Waste Disposal Facility. Waste Transfer Activity has the same meaning. Wastewater Treatment Plant Facility52: means any land and/or buildings used for the purpose of storage and/or treatment and/or disposal of wastewater. It excludes any on site wastewater disposal system.

Water:

(a) means water in all its physical forms whether flowing or not and whether over or under the ground:

(b) includes fresh water, coastal water, and geothermal water:

(c) does not include water in any form while in any pipe, tank, or cistern.

Waterbody: means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located within the coastal marine area.53 Wetland: (as defined by the Act) includes permanently or intermittently wet areas, shallow water and land/water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions. Wilding trees: the natural regeneration (seedling spread) of introduced trees.54 Wind Energy Facility: means the land, buildings, substations, turbines, structures, earthworks, access tracks and roads associated with the generation of electricity by wind force and the operation of the wind energy facility. It does not include:


2. The transmission lines required to link the wind energy facility to the transmission network.55

Wintering Shed: means a building located on farm land for the purpose of confining livestock to avoid damage to pasture and/or for the feeding of supplements. A wintering shed is not necessarily fully enclosed and may or may not have a roof. Yard: means that part of a site that adjoins a property boundary and is unoccupied and unobstructed by buildings.

50

Section 4.74 51

Cl 16 1st Schedule of the RMA - term to be deleted as not referred to within the proposed plan

52 Section 4.146 and 4.147 - Energy, Minerals and Infrastructure decision report

53 Section 4.39

54 Section 4.77

55 Section 4.79

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