TASMAN DISTRICT COUNCIL
PROPOSED TASMAN RESOURCE MANAGEMENT PLAN
PROPOSED CHANGE NO. 16 Cultural Heritage Sites Management
Notified 26 September 2009
EXPLANATORY STATEMENT
The Council proposes to amend cultural heritage provisions in the Tasman Resource Management Plan (TRMP) through its Proposed Plan Change for Cultural Heritage Sites Management (the Proposed Plan Change).
The new provisions will provide protection or appropriate management of cultural heritage sites in the Tasman District. Cultural heritage sites include European and pre-European sites of archaeological significance, and sites of importance to manawhenua iwi such as wāhi tapu and wāhi tapu areas.
The Proposed Plan Change is intended to ensure that Council meets its obligations to certain matters of national importance under Section 6 (e) & (f) and Section 8 of the Resource Management Act 1991 (the RMA). These matters include the recognition and provision for the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga, and the protection of historic heritage from inappropriate subdivision, use, and
development.
The Proposed Plan Change has also been prepared to enhance integration with the Historic Places Act requirements. The Historic Places Act 1993 states that an Authority from the NZ Historic Places Trust must be obtained to modify, damage or destroy an archaeological site. This obligation has existed since 1993. The Proposed Plan Change merely makes this duty clear, and ensures that any subdivision or land use activity is aligned with Historic Places Act requirements.
The proposed Plan Change includes a new schedule in section 16.13 which records all of the known cultural heritage sites which will be afforded protection through Plan provisions. These sites will also be shown on the Planning Maps (Volume 2 of the Plan), as Special Maps (Part II) land. The Plan provisions are supported by the maintenance and development of a database of all known cultural heritage sites. There will be amended Plan provisions for cultural heritage sites management, as new information is processed in the database.
As a consequence of establishing a new section for cultural heritage provisions (16.13) it is
appropriate to move some of the provisions from section 18.1 of the Plan to this new section. The parts that are affected are sections 18.1.2 to 18.1.5 inclusive, relating to heritage buildings and structures, and protected trees. This will mean that all rules relating to historic heritage are
contained in the same section of the Plan. The schedules that relate to these sections will also move from section 18.1 to section 16.13 (Schedules 18.1A and18.1B).
The Council has resolved that the rules requiring the approval of manawhenua iwi for the
modication, damage or destruction of any known site that is a wāhi tapu or wāhi tapu area are not to have effect until Change 16 is operative.
Council has considered the issues and alternatives to a Plan change and for provisions other than in the proposed Plan change. It has considered the benefits and costs, and effectiveness, efficiency and appropriateness of these amendments. Key Section 32 reference documents for Proposed Change No. 16 are:
EP08/07/09 Issues and options policy paper, archaeological sites and waahi tapu in Tasman District — 17 July 2008
EP09/04/07 Cultural heritage sites plan change project — 23 April 2009 EP09/05/03 Cultural heritage sites draft plan change — 15 May 2009
EP09/08/13 Draft Proposed Plan Change 16: Cultural Heritage Sites Management — 27 August 2009
AMENDMENTS
Proposed Plan Change 16 makes amendments to the Tasman Resource Management Plan in the following areas:
Chapter 2 - Definitions – key definitions that are important to the interpretation of subsequent rules are set out.
Chapter 10 - Objectives, Issues and Policies – changes to issue, objective and policy
statements clarify what it is that Council is trying the address, achieve and the way in which it will go about it.
Chapter 10 - Methods – new method statements outline how the Council intends to deliver on its objectives and policies.
Chapter 16.3 – Subdivision – additions to the subdivision rules in all zones are proposed.
Chapter 16.13 – Cultural Heritage Sites - new section outlining land use requirements relating to cultural heritage sites. Add sections 18.1.2 to 18.1.5 from Chapter 18 and
Schedules 18.1A and 18.1B from Chapter 18 and add cultural heritage sites as new Schedule 16.3C.
Chapter 18.1 – Heritage Buildings, Protected Trees, Archaeological Sites and Significant Natural Areas - Some provisions are to be moved to section 16.13. Some provisions are to be deleted. Consequential changes are required.
Chapter 19.2 – Information Required with Land Use Consent or Subdivision Consent Applications – additional guidance with regards to archaeological and cultural values assessment is given here.
Planning Maps – Volume 2 – add special maps Land to show cultural heritage site categories (except 4a and new) with legend and symbology amendments; and show Waikoropupu Springs as wahi tapu.
In addition to new provisions or amendments in the above sections, cross-references within other relevant sections of the Plan are proposed. These will affect rules in Chapters 18.5, 31, 36 and 37
and are concerned with any activity that may cause a disturbance to the land and thus may have an effect on cultural heritage values.
The Tasman Resource Management Plan is amended in accordance with the following:
1. CHAPTER 2: MEANINGS OF WORDS 1.1 SECTION 2.2: DEFINED WORDS
1.1.1 Delete the definition of ‘Archaeological Site’ and replace it with the following Archaeological Site – means any place in New Zealand that:
(a) Either:
(i) was associated with human activity that occurred before 1900; or
(ii) is the site of the wreck of any vessel where that wreck occurred before 1900; and (b) Is or may be able, through investigation by archaeological methods, to provide evidence
relating to the history of New Zealand.
1.1.2 Add two new definitions:
Cultural Heritage Site – means historic heritage that is:
(a) an archaeological site as defined by the Historic Places Act 1993; or
(b) an archaeological site that is or may be able, through investigation by archaeological methods, to provide evidence relating to the history of New Zealand, although the site was associated with human activity that occurred after 1900; or
(c) a wahi tapu or wahi tapu area as defined by the Historic Places Act 1993.
Known Cultural Heritage Site - means a cultural heritage site that is listed in Schedule 16.13C and shown on the planning maps.
1.1.3 Delete the definition of ‘wahi tapu’ and replace with the following:
Wahi Tapu – means a place sacred to Maori in the traditional, spiritual, religious, ritual or mythological sense.
1.1.4 Add a new definition for ‘Wahi Tapu Area’ as follows:
Wahi Tapu Area - means an area of land that contains one or more wahi tapu.
2. CHAPTER 10: SIGNIFICANT NATURAL VALUES AND HISTORIC HERITAGE 2.1 SECTION 10.2: HISTORIC HERITAGE
2.1.1 Delete in the chapter heading and section heading the word ‚cultural‛ and replace with
‚historic‛.
2.1.2 Delete in the first paragraph of Issue 10.2.1.1 the word ‚cultural‛ and replace with
‚historic‛.
2.1.3 Delete the second paragraph of Issue 10.2.1.1.
2.1.4 Delete Issue 10.2.1.2 and replace with:
Historic heritage sites include archaeological sites, and sites of significance to the cultural values of manawhenua iwi, including wahi tapu and wahi tapu areas. Development activity, such as
buildings or land disturbance on or near cultural heritage sites or within areas that are known to be highly likely to contain such sites, can result in the modification, damage or destruction of sites of cultural heritage significance. Development activities on or near any wahi tapu may have an adverse effect on the wairua, or other cultural or spiritual values held by iwi for the wahi tapu.
2.1.5 Add two new issues:
10.2.1.3 There is a degree of uncertainty with the information about many known cultural heritage sites (including accuracy of location, extent and potential significance), and also about the location and extent of potential sites that are currently uninvestigated and their archaeological significance largely unknown to landowners, iwi, the NZ Historic Places Trust, and the Council.
A significant upgrading of the information about known sites has been carried out by Council over the past several years, and an electronic database of categories of known sites has been developed for public and Council use. However, some uncertainties remain, and the process of improvement is ongoing. There will be amended plan provisions for cultural heritage management as new information is processed in the database.
Schedule 16.13C includes all those cultural heritage sites which are afforded protection through Plan provisions. These sites are also shown in the Planning Maps in a separate series of Special Maps. (Volume 2 of the Plan.)
10.2.1.4 Council and the NZ Historic Places Trust have statutory responsibility for managing and protecting historic heritage including cultural heritage sites under the Resource Management Act (as a matter of national importance) and under the Historic Places Act. Notwithstanding the statutory responsibility of Council and the NZ Historic Places Trust, the most effective way to manage and protect important sites is through collaboration and cooperation between landowners, manawhenua iwi, the NZ Historic Places Trust, and the Council.
The different expectations of these stakeholders can make the effective and efficient management of cultural heritage sites complex.
2.1.6 Amend Objective 10.2.2 to read:
Protection, enhancement and, where appropriate, the management of historic heritage sites, including cultural heritage sites; heritage buildings and structures; and protected trees, for their contribution to the character, identity, wairua, and visual amenity of the District.
2.1.7 Delete Policy 10.2.3.2 and replace with:
To reduce the risk of modification, damage or destruction of cultural heritage sites arising from any co-location of subdivision and development activities and such sites.
2.1.8 Delete Policy 10.2.3.3 and replace with:
To ensure that where an activity may modify, damage, or destroy a cultural heritage site that is an archaeological site, an authority to do this has been obtained under the Historic Places Act 1993.
2.1.9 Delete Policy 10.2.3.4 and replace with:
To ensure that where an activity that requires a resource consent may have an adverse effect on the wairua or other cultural or spiritual values associated with a wahi tapu, that activity has been approved by manawhenua iwi as an affected party.
2.1.10 Add new policies 10.2.3.8 to 10.2.3.15:
10.2.3.8 To be responsive and collaborative in the generation, sharing and management of information about cultural heritage sites that have archaeological significance or other cultural heritage value, and accordingly to work with manawhenua iwi, the NZ Historic Places Trust, the New Zealand Archaeological Association and landowners in managing cultural heritage site information.
10.2.3.9 To work with manawhenua iwi in the sharing and management of information about cultural heritage sites that are of Maori origin, including wahi tapu.
10.2.3.10 To take into account uncertainties associated with the accuracy and quality of information, in the verification, storage, listing and map representation of cultural heritage sites, and the appropriate use of that information in the management and protection of those sites.
10.2.3.11 To design and implement appropriate processes, tools and methods for the verification, storage, listing and map representation of cultural heritage sites that are responsive to the discovery of new cultural heritage sites and new information about already known sites.
10.2.3.12 To ensure that information about known cultural heritage sites is publicly accessible (including amendments to existing information), is transparent, and is communicated publicly.
10.2.3.13 To raise community awareness about the values associated with cultural heritage sites and the obligations of landowners to avoid, remedy or mitigate the effects of activities that might result in the modification, damage or destruction of such sites.
10.2.3.14 To exercise Council’s statutory responsibilities by facilitating effective communication between landowners, manawhenua iwi, the New Zealand Historic Places Trust and the New Zealand Archaeological Association, over the management of activities that have the potential to have an adverse effect on cultural heritage sites, for the purpose of protecting, enhancing and, where appropriate, managing the management and
protection of cultural heritage values.
10.2.3.15 To account for the values of manawhenua iwi by acknowledging the manawhenua iwi as kaitiaki in relation to cultural heritage sites of significance to Maori in the District.
2.1.11 Delete Regulatory Method 10.2.20.1(c) and replace with:
Rules that require the applicant to obtain an Authority from the Historic Places Trust where the proposed activity may modify, damage or destroy a cultural heritage site.
2.1.12 Delete Regulatory Method 10.2.20.1(e) and replace with:
Rules that require landowners to have authorised any disturbance to cultural heritage sites where subdivision and development activities may locate wholly or partly on known sites.
2.1.13 Add new Regulatory Methods 10.2.20.1(f) to (k):
(f) Rules that require a resource consent to be obtained for development activities that may have an adverse effect on a known cultural heritage site that is a wahi tapu site or area.
(g) Rules that enable the exercise of matauranga and kaitiakitanga of manawhenua iwi over cultural heritage sites that are wahi tapu or wahi tapu area.
(h) Rules that require information to be submitted with applications for resource consents, which assesses the location and significance of values associated with cultural heritage sites.
(i) Rules that require the effective protection or appropriate management of known cultural heritage sites through subdivision processes, where there is co-location of development and cultural heritage sites.
(j) Ensuring compliance with rules by monitoring activities around known cultural heritage sites, and taking enforcement action for continued non-compliance or significant offences.
(k) Require the effective protection or appropriate management of known cultural heritage sites through pre-zone and zoning Plan change processes, to avoid the co-location of development and cultural heritage sites.
2.1.14 Delete heading to 10.2.20.2, ‚Investigations and Monitoring‛, and replace with
‚Information Management‛.
2.1.15 Delete Method 10.2.20.2(a) and replace with:
Maintain a publicly available database showing all known cultural heritage sites in the Tasman District.
2.1.16 Delete Method 10.2.20.2(b) and replace with:
Actively pursue improvements to the cultural heritage sites database to enhance the accuracy and location of, and certainty and knowledge about, cultural heritage values in the Tasman District. In particular carry out further investigation into wahi tapu and wahi tapu areas; cultural heritage precincts and Maori horticulture sites. Amend Plan provisions when new information has been processed.
2.1.17 Add new Information Management Methods 10.2.20.2 (c) and (d):
(c) Encouraging landowner involvement in the sharing of information about archaeological sites.
(d) Establishing clear and transparent in-house processes within the Council in the management of cultural heritage sites information and its use in the management of activities that may modify, damage or destroy a known cultural heritage site.
2.1.18 Add new Education and Advocacy Methods 10.2.20.3 (h) to (l):
(h) Providing and communicating information that clearly outlines the legal requirements, process steps and likely costs associated with the potential modification, damage and destruction of cultural heritage sites.
(i) Providing and communicating information about the Council’s cultural heritage sites database, including public access to it and how the database information will be maintained, updated and used in the management and protection of cultural heritage sites.
(j) Facilitating positive communication between landowners and other parties, such as manawhenua iwi, the New Zealand Historic Places Trust, and the New Zealand Archaeological Association, who have an interest in the protection and management of cultural heritage sites.
(k) Ensuring that the responsibility and accountability for education and awareness initiatives, about cultural heritage sites information and management initiatives, is clearly defined within Council.
(l) Recognition and support for the role of iwi monitors in providing information, and
facilitating community awareness and education about cultural heritage sites that are wahi tapu or wahi tapu areas.
2.1.19 Add two new paragraphs to the end of Principal Reasons and Explanation 10.2.30:
The Tasman District Cultural Heritage Sites database is based on the records collected and
maintained by the New Zealand Archaeological Association. This information is regularly updated.
The Cultural Heritage Sites database will be regularly updated taking into account changes to the NZAA records, and the findings of any other relevant research. From time to time there will be amendments to the Plan once new information has been processed.
The protection of cultural heritage sites should involve consideration of various forms of protection.
Examples include the use of consent notices that ensure sites are identified on land titles, or the use of specific consent conditions that require the indefinite recognition and protection of values. The overall aim is to ensure that building works and land disturbance activities do not cause any
modification, damage or destruction of a site in order to meet the statutory requirements of Section 6 (e) and (f) of the Resource Management Act.
3. CHAPTER 16: GENERAL RULES 3.1 SECTION 16.3: SUBDIVISION
3.1.1 Add new Controlled Activity condition (x) to 16.3.3.1 [Residential Zone]; (cc) to 16.3.4.1 [Business and Industrial Zones]; (o) to 16.3.5.1 [Rural 1 Zone]; (n) to 16.3.6.1 [Rural 2 Zone];
(k) to 16.3.7.1 [Rural 3 Zone]; and (l) to 16.3.8.1 [Rural-Residential Zone] as follows:
Cultural Heritage Sites Either:
(i) There is no known cultural heritage site present on any part of the land being subdivided; or (ii) There is a known cultural heritage site present on any part of the land being subdivided and
any cultural heritage site including any previously unknown cultural heritage site
discovered during any associated land disturbance activity will not be modified, damaged, or destroyed; or
(iii) There is a known cultural heritage site present on any part of the land being subdivided and an Authority has been granted under the Historic Places Act 1993 where, in giving effect to the subdivision, any cultural heritage site that is an archaeological site may be modified, damaged or destroyed; and
(iv) There is a known cultural heritage site present on any part of the land being subdivided and where any cultural heritage site is a wahi tapu or wahi tapu area, manawhenua iwi have given their written approval to the subdivision as an affected party.
Notes:
(1) An assessment may be required in accordance with Requirement 19.2.2.39.
(2) The modification, damage or destruction of any cultural heritage site that is an
archaeological site under the Historic Places Act must be authorised by an Authority from the NZ Historic Places Trust.
(3) Condition (iv) of this rule does not have effect until Change 16 becomes operative.
3.1.2 Amend Controlled Subdivision standards relating to ‘Heritage Site or Item’ by deleting reference to Schedule 18.1D and amending references to Schedule 18.1A or Schedule 18.1B to Schedules 16.13A or 16.13B respectively as appropriate in the following rules:
16.3.3.1, 16.3.4.1; 16.3.5.1; 16.3.6.1; 16.3.8.1. (NB there is no change required for 16.3.7.1).
3.1.3 Add new matters of control as matter (18) to 16.3.3.1; (23) to 16.3.4.1; (16) to 16.3.5.1; (15) to 16.3.6.1; (14) to 16.3.7.1; (16) to 16.3.8.1:
Where there is a known cultural heritage site present on any part of the land being subdivided:
(a) any matters raised in a report prepared in accordance with Information Requirement 19.2.2.39;
(b) any matters raised in the authority granted by the NZ Historic Places Trust under the Historic Places Act 1993, that are relevant to control of the design and construction of the proposed subdivision activity;
(c) any matter necessary to ensure the protection of a Cultural Heritage Site;
(d) any matter necessary to ensure kaitiakitanga over a wāhi tapu site or wāhi tapu area;
(e) any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the subdivision during construction.
3.1.4 Add new Restricted Discretionary Activity rule to 16.3.3 as follows:
16.3.3.1A Restricted Discretionary Subdivision (Residential Zone)
Subdivision in the Residential Zone that does not comply with controlled condition (w) of Rule 16.3.3.1 is a restricted discretionary activity.
A resource consent is required. Consent may be refused or conditions imposed, only in respect of the following matter to which the Council has restricted its discretion:
(1) Where there is a cultural heritage site present on any part of the land being subdivided:
(a) any matters raised in a report prepared in accordance with Requirement 19.2.2.39;
(b) any matter necessary to ensure the protection of a Cultural Heritage Site;
(c) any matter necessary to ensure kaitiakitanga over a wāhi tapu site or wāhi tapu area;
(d) any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the subdivision during construction.
3.1.5 Add new Restricted Discretionary Activity rule to 16.3.4 as follows:
16.3.4.1B Restricted Discretionary Subdivision (Business and Industrial Zones) Subdivision in the Central Business, Commercial, Mixed Business, Tourist Services, Rural Industrial, Heavy Industrial and Light Industrial Zones that does not comply with controlled condition (cc) of Rule 16.3.4.1 is a restricted discretionary activity,
A resource consent is required. Consent may be refused or conditions imposed, only in respect of the following matter to which the Council has restricted its discretion:
(1) Where there is a cultural heritage site present on any part of the land being subdivided:
(a) any matters raised in a report prepared in accordance with Requirement 19.2.2.39;
(b) any matter necessary to ensure the protection of a Cultural Heritage Site;
(c) any matter necessary to ensure kaitiakitanga over a wāhi tapu site or wāhi tapu area;
(d) any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the subdivision during construction.
3.1.6 Add new Restricted Discretionary Activity rule to 16.3.5 as follows:
16.3.5.1B Restricted Discretionary Subdivision (Rural 1 Zone)
Subdivision in the Rural 1 Zone that does not comply with condition (n) of Rule 16.3.5.1 is a restricted discretionary activity.
A resource consent is required. Consent may be refused or conditions imposed, only in respect of the following matters to which the Council has restricted its discretion:
(1) Where there is a cultural heritage site present on any part of the land being subdivided:
(a) any matters raised in a report prepared in accordance with requirement 19.2.2.39;
(b) any matter necessary to ensure the protection of a Cultural Heritage Site;
(c) any matter necessary to ensure kaitiakitanga over a wahi tapu site or wahi tapu area;
(d) any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the subdivision during construction.
3.1.7 Add new Restricted Discretionary Activity rule to 16.3.6 as follows:
16.3.6.1B Restricted Discretionary Subdivision (Rural 2 Zone)
Subdivision in the Rural 2 Zone that does not comply with condition (m) of Rule 16.3.6.1 is a restricted discretionary activity.
A resource consent is required. Consent may be refused or conditions imposed, only in respect of the following matters to which the Council has restricted its discretion:
(1) Where there is a cultural heritage site present on any part of the land being subdivided:
(a) any matters raised in a report prepared in accordance with Requirement 19.2.2.39;
(b) any matter necessary to ensure the protection of a Cultural Heritage Site;
(c) any matter necessary to ensure kaitiakitanga over a wāhi tapu site or wahi tapu area;
(d) any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the subdivision during construction.
3.1.8 Add new Restricted Discretionary Activity rule to 16.3.7 (Rural 3 Zone) as follows:
16.3.7.1A Restricted Discretionary Subdivision (Rural 3 Zone)
Subdivision in the Rural 3 Zone that does not comply with condition (k) in Rule 16.3.7.1 is a restricted discretionary activity.
A resource consent is required. Consent may be refused or conditions imposed, only in respect of the following matter to which the Council has restricted its discretion:
(1) Where there is a cultural heritage site present on any part of the land being subdivided:
(a) any matters raised in a report prepared in accordance with Requirement 19.2.2.39;
(b) any matter necessary to ensure the protection of a Cultural Heritage Site;
(c) any matter necessary to ensure kaitiakitanga over a wāhi tapu site or wahi tapu area;
(d) any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the subdivision during construction.
3.1.9 Add new Restricted Discretionary Activity rule to 16.3.8 as follows:
16.3.8.1A Restricted Discretionary Subdivision (Rural Residential Zone)
Subdivision in the Rural Residential Zone that does not comply with condition (l) of Rule 16.3.8.1 is a restricted discretionary activity.
A resource consent is required. Consent may be refused or conditions imposed, only in respect of the following matters to which the Council has restricted its discretion:
(1) Where there is a cultural heritage site present on any part of the land being subdivided:
(a) any matters raised in a report prepared in accordance with Requirement 19.2.2.39;
(b) any matter necessary to ensure the protection of a Cultural Heritage Site;
(c) any matter necessary to ensure kaitiakitanga over a wāhi tapu site or wahi tapu area;
(d) any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the subdivision during construction.
3.1.10 Add reasons to 16.3.20 ‘Principal Reasons for Rules’ as follows:
Cultural Heritage Sites
The rules seek to manage adverse effects on cultural heritage sites by requiring an authority from the NZ Historic Places Trust where any modification, damage or destruction of a site is proposed as part of a subdivision. Known cultural heritage sites are listed in Schedule 16.13C and are shown on the Planning Maps. These are effective ways of enhancing the protection of the values of known sites and ensuring that any site discovered, for example, through land disturbance, is also managed through this approval process.
3.2 SECTION 16.13 HISTORIC HERITAGE (new)
3.2.1 Add new section:
16.13 HISTORICHERITAGE Refer to Policy set 10.2.
16.13.1 SCOPE OF SECTION
This section deals with any land use activity that may have an effect on values associated with heritage buildings and structures; protected trees; and cultural heritage sites in the Tasman District. Schedule 16.13A records heritage buildings and structures, and Schedule 16.13B lists protected trees. All cultural heritage sites, including archaeological sites and wahi tapu or wahi tapu areas, that are known to Council are included in a database. This database forms the basis of Schedule 16.13C which includes those sites listed for protection through Plan provisions. Rules in this section relate to the scheduled sites or items.
Scheduled sites or items are also shown on the planning maps.
3.2.3 Insert as 16.13.2 to 16.13.5, all provisions of 18.1.2 to 18.1.5 and amend headings and all references accordingly.
3.2.4 Insert as Schedules 16.13A and 16.13B, Schedules 18.1A and 18.1B from Section 18.1 to section 16.13 and amend headings and all references accordingly.
3.2.5 Insert as 16.13.6 as follows:
16.13.6 CULTURAL HERITAGE SITES
16.13.6.1 Permitted Activities (Land Use)
Any land use activity in any zone in the District is a permitted activity that may be undertaken without a resource consent, if it complies with the following conditions:
Cultural Heritage Sites Either:
(a) There is no known cultural heritage site present on any part of the land; or
(b) There is a known cultural heritage site present on any part of the land; and any cultural heritage site including any previously unknown cultural heritage site discovered during any associated land disturbance activity will not be modified, damaged or destroyed by the proposed activity.
Note:
(1) The modification, damage or destruction of any cultural heritage site that is an
archaeological site under the Historic Places Act must be authorised by an Authority from the NZ Historic Places Trust.
16.13.6.2 Controlled Activities (Land Use)
Any land use activity that does not comply with the permitted conditions of Rule 16.13.6.1 is a controlled activity, if it complies with the following conditions:
Cultural Heritage Sites
(a) There is a known cultural heritage site present on any part of the land which is the subject of the proposed activity, and an authority has been granted under the Historic Places Act 1993 where, in giving effect to the activity, any cultural heritage site that is an archaeological site may be modified, damaged or destroyed.
(b) There is a known cultural heritage site present on any part of the land which is the subject of the proposed activity and, where any cultural heritage site is a wāhi tapu or wāhi tapu area, manawhenua iwi have given their written approval to the proposed activity as an affected party.
Notes:
(1) An assessment may be required in accordance with requirement 19.2.1.14.
(2) The modification, damage or destruction of any cultural heritage site that is an
archaeological site under the Historic Places Act must be authorised by an Authority from the NZ Historic Places Trust.
(3) Condition (b) of this rule does not have effect until Change 16 becomes operative.
A resource consent is required and may include conditions on the following matters over which Council has reserved control:
Cultural Heritage Sites
(1) Any matters raised in a report prepared in accordance with requirement 19.2.1.14.
(2) Any matters raised in the authority granted by the NZ Historic Places Trust under the Historic Places Act 1993 that are relevant to the control of the design and construction of the proposed activity.
(3) Any matter necessary to ensure the protection of a cultural heritage site.
(4) Any matter necessary to ensure kaitiakitanga over a wāhi tapu site or wāhi tapu area.
(5) Any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the proposed activity.
16.13.6.3 Restricted Discretionary Activities (Land Use)
Any land use activity that does not comply with the controlled conditions of Rule 16.13.6.2 is a restricted discretionary activity.
A resource consent is required. Consent may be refused or conditions imposed, only in respect of the following matters to which Council has restricted its discretion:
Cultural Heritage Sites
(1) Any matters raised in a report prepared in accordance with requirement 19.2.1.14.
(2) Any matter necessary to ensure the protection of a cultural heritage site.
(3) Any matter necessary to ensure kaitiakitanga over a wāhi tapu site or wāhi tapu area.
(4) Any matters relevant to ensuring the appropriate management of a previously unknown cultural heritage site that is discovered during any land disturbance activities associated with the proposed activity.
3.2.6 Add as Schedule 16.13C all Cultural Heritage Sites taken from the Cultural Heritage Sites database, except the category 4a and new sites. Add column for registered sites or areas and include the listed sites in Schedule 18.1D in this column as NZ Historic Places Trust Register, Category II (Roman numerals). Add to the schedule Te Waikoropupu as a registered wāhi tapu.
3.2.7 Insert as 16.13.20 Principal reasons for rules for heritage buildings and structures and protected trees (paragraphs 1 to 4) from 18.1.20.
3.2.8 Insert in 16.13.20 a new paragraph 5:
Cultural Heritage Sites
The rules require for any land use activity that the modification, damage or destruction of any cultural heritage site, including archaeological sites and wāhi tapu and wāhi tapu areas, is authorised by an authority approved by the NZ Historic Places Trust. Consent is required where the known site is more recent than 1900. Known sites are listed in Schedule 16.13C and are shown on the planning maps. These are effective ways of enhancing the protection of the values of known sites and ensuring that any site discovered, for example, through land disturbance, is also managed through this approval process.
4. CHAPTER 18: SPECIAL AREA RULES
4.1 SECTION 18.1: HERITAGE BUILDINGS, PROTECTED TREES, ARCHAEOLOGICAL SITES AND
SIGNIFICANT NATURAL AREAS.
4.1.1 Delete all references to ‘Heritage Buildings, Protected Trees and Archaeological Sites’ from headings in section 18.1.
4.1.2 Renumber remaining 18.1.7 as 18.1.2 consequential on transfer of 18.1.2 to 18.1.5 to section 16.13.
4.1.3 Delete section 18.1.6 including Rule 18.1.6.1.
4.1.4 Delete Schedule 18.1D.
5. CHAPTER 19: INFORMATION REQUIRED WITH LAND USE CONSENT OR SUBDIVISION CONSENT APPLICATIONS
5.1 SECTION 19.2:INFORMATION REQUIREMENTS
5.1.1 Add new information requirements 19.2.1.14 to 19.2.1; 19.2.2.39 to 19.2.2, 19.2.8.6 to 19.2.8, and 19.2.9.9 to 19.2.9:
Cultural Heritage Sites Assessments
(a) A cultural heritage site assessment of the land subject to the proposed activity, where there is a known cultural heritage site on any part of the land and it is unclear whether the proposed activity will have an effect on it.
(b) A cultural heritage site assessment of any site that is an archaeological site that must be prepared by an appropriately competent archaeologist and address the following matters:
(i) The location and extent of any cultural heritage sites, using a hand-held GPS or similar device to locate the site accurately.
(ii) The nature or type of physical evidence identified at each cultural heritage site.
(iii) An assessment of significance of each Cultural Heritage Site in terms of its archaeological values.
(iv) Any recommended actions to avoid the potential for the modification, damage or destruction of any identified cultural heritage site in terms of its archaeological values.
(c) A cultural heritage site assessment of any site that is a wāhi tapu or wāhi tapu area that must be prepared by manawhenua iwi, and must address the following matters:
(i) Where appropriate, the location of any wahi tapu or wahi tapu area.
(ii) An assessment of the significance of the cultural heritage site in terms of cultural values, not otherwise covered within an archaeological assessment.
(iii) Any recommended actions that could be used to avoid the potential for adverse effects of the proposed activity on any identified Cultural Heritage Site in terms of its significance to manawhenua iwi.
6. PLANNING MAPS 6.1 SPECIAL MAPS
6.1.1 Add to the planning maps a set of special maps – Part ll Land showing sites and datasets on cultural heritage sites from the cultural heritage sites database (as printed in June 2009) subject to the following:
(a) Map base to show cadastre, rivers, place names but no zoning.
(b) Do not show the category 4a sites nor the new sites but retain these data in the database.
(c) Generate amended legend to show cultural heritage sites category symbols and descriptions (correct text to attach with category 4b) and show symbol for wahi tapu.
(d) Show all of the grid reference sites (categories 3, 4b, unaccounted) as a square, 100m x 100m. The grid reference is the southwestern corner of the square.
(e) Amend texture of precinct symbology so that it is recognisable in the small precincts.
(f) Amend the symbol for site categories which have a 20m buffer (categories 2a, 2b) so that the black dot in the centre is either smaller or removed. This will enable the colour of the site to be identified
(g) Reconsider the colour used for symbol of site categories 2a and 4b, as these look similar on the maps
(h) Add map locator grids to the bottom of each map so that adjoining maps can be readily found (as per Area and Zone maps).
(i) Add Waikoropupu Springs to the database as new category wahi tapu, and show on planning maps as wahi tapu.
6.2 AREA MAPS
6.2.1 Delete the 21 archaeological sites from the Area Maps, and amend the Area/Zone map legend accordingly.
