CHAPTER 16: General Rules

Outdoor Signs and Advertising

Scope of Section
Traffic Signs on Roads

Permitted Activities (Traffic Signs on Roads)

Outdoor Signs in Residential Zone

Permitted Activities (Outdoor Signs in Residential Zone)
Discretionary Activities (Outdoor Signs in Residential Zone)

Outdoor Signs in Business and Industrial Zones

Permitted Activities (Outdoor Signs in Central Business, Commercial, Mixed
Restricted Discretionary Activities (Outdoor Signs in Central Business,

Outdoor Signs in the Rural 1, Rural 2, Rural 3, Rural

Permitted Activities (Outdoor Signs in Rural 1, Rural 2, Rural 3, Rural
Controlled Activities (Outdoor Signs in Rural 1, Rural 2, Rural 3, Rural
Controlled Activities (Outdoor Signs in Rural 1, Rural 2, Rural 3, Rural
Restricted Discretionary Activities (Outdoor Signs in Rural 1, Rural 2, Rural 3,

Temporary Signs in All Zones

Permitted Activities (Temporary Signs)
Restricted Discretionary Activities (Temporary Signs)

Principal Reasons for Rules

Erecting an outdoor sign in the Residential Zone that does not comply with the permitted conditions of rule 16.1.3.1 is a free activity, if it meets the following condition:. a). Any temporary sign that does not comply with the permitted conditions of rule 16.1.6.1 is a restricted discretionary activity.

Figure 16.1A: Residential Zone - Permanent On-site Sign Dimensions

Transport (Access, Parking and Traffic)

Scope of Section

Land Use

Permitted Activities (Land Use – Vehicle Access Considerations)
Permitted Activities (Land Use – Traffic)
Permitted Activities (Land Use – Provision for Parking and Loading)

In most cases, the severity of the dust effect is related to the numbers using the road. In the larger and busier towns of the District, the Council provides public car parking using funds from financial contributions.

Figure 16.2D: Size of Parking Spaces T YPE OF

Scope of Section

All Zones

No Permitted Subdivision (All Zones)
Subdivision in the Slope Instability Risk Area
Subdivision in the Fault Rupture Risk Area
Subdivision of Hazardous Activity and Industry List Land
Subdivision in any Zone Subject to Deferred Zone Rules, or Where Deferred

The service requirements and draft technical plans that formed the basis for the Council's resolution to lift the deferment of the urban zone for all or part of that land. Note: In addition to the subdivision consent, other consents may also be required where services are to be provided as part of the subdivision, for example a discharge permit or land disturbance consent.

Residential Zone

Controlled Subdivision (Residential Zone — Standard Density Development)
A Controlled Subdivision (Residential Zone – Specific Location: Richmond
Restricted Discretionary Subdivision (Residential Zone – Listed Cultural
A Restricted Discretionary Subdivision (Residential Zone - Standard Density
B Restricted Discretionary Subdivision (Residential Zone — Specific Location
Restricted Discretionary Subdivision (Residential Zone – Compact Density
Discretionary Subdivision (Residential Zone)
Discretionary Subdivision (Residential Zone – Specific Location)
Discretionary Subdivision (Residential Closed Zone)
Non-Complying Subdivision (Residential Zone)]
Prohibited Subdivision (Residential Closed Zone)
Prohibited Subdivision (Residential Coastal Zone at Tahi or Iwa Street,

Subdivision for intensive development in the Richmond Intensive Development Area is a controlled activity if it complies with the following conditions:. a) The minimum net allotment area is 200 square meters. Subdivision in the residential zone that does not comply with controlled condition (ma) in rule 16.3.3.1 is a limited discretionary activity.

Business and Industrial Zones

Controlled Subdivision (Business and Industrial Zones)
Restricted Discretionary Subdivision (Business and Industrial Zones –
Restricted Discretionary Subdivision (Business and Industrial Zones – Cultural
A Restricted Discretionary Subdivision (Industrial Zones – Specified sites at
Discretionary Subdivision (Central Business, Commercial, Mixed Business,
Discretionary Subdivision (Tourist Services Zone - Mapua)
A Discretionary Subdivision (Heavy Industrial Closed Zone – Wakefield)
Non-Complying Subdivision (Tourist Services Zone - Mapua)
Prohibited Subdivision (Heavy Industrial Closed Zone – Wakefield)

In the Richmond West and Motueka West development areas (except in the Light Industrial Zone location at Beach Road as shown on the planning maps). In the light industrial zone bounded by Borck Creek and McShane Road are recreational plantings:. a) 2.5 meter wide adjacent Borck Creek, containing species consistent with those of the Waimea Inlet Indigenous Ecosystem, and which at maturity ensures that buildings are screened from Borck Creek (requires knowledge of building location). In the light industrial zone bounded by State Highway 60, State Highway 6, Borck Creek and the Residential Zone, recreational plantings are:. a) 6 meters adjacent to the residential zone;. v).

Subdivision into the Central Business, Commercial, Mixed Business, Tourist Services, Rural Industrial, Heavy Industrial and Light Industrial Zones that do not comply with controlled condition (a) of rule 16.3.4.1 is a limited discretionary activity.

Rural 1 Zone

Controlled Subdivision (Rural 1 and Rural 1 Coastal Zones)
Restricted Discretionary Subdivision (Rural 1 Zone – Richmond West
Restricted Discretionary Subdivision (Rural 1 Zone – Listed Cultural Heritage
A Restricted Discretionary Subdivision (Rural 1 Zone)
Discretionary Subdivision (Rural 1 Zone – Ruby Bay Site)
A Discretionary Subdivision (Rural 1 Zone)
Discretionary Subdivision (Rural 1 Closed and Rural 1 Coastal Zones)
A Non-Complying Subdivision
Prohibited Subdivision (Rural 1 Closed and Rural 1 Coastal Zones)

Consent may be refused or conditions imposed solely in relation to the following matters on which the Council has limited its discretion: Consent may be refused or conditions imposed solely in respect of the following matters on which the Council has exercised its discretion limited: When assessing applications and determining conditions, the Council will take into account the criteria set out in Schedule 16.3A, as well as other provisions of the Plan and the Act.

In assessing applications and determining conditions, the Council will take into account the criteria set out in Schedule 16.3A, as well as other provisions of the Plan and the Act.

Rural 2 Zone

Controlled Subdivision (Rural 2 Zone)
Restricted Discretionary Subdivision (Rural 2 Zone – Richmond West
Restricted Discretionary Subdivision (Rural 2 Zone – Listed Cultural Heritage
A Restricted Discretionary Subdivision (Rural 2 Zone)
Discretionary Subdivision (Rural 2 Zone)
Restricted Discretionary Subdivision (Rural 3 Zone)
Restricted Discretionary Subdivision (Rural 3 Zone) [16.3.9D Proposed]
Discretionary Subdivision (Rural 3 Zone)
Non-Complying Subdivision (Rural 3 Zone)

In assessing applications and determining conditions, the Council will take into account the criteria set out in Schedule 16.3A, as well as other provisions of the Plan and the Act. 3) The relationship of any new road to existing roads, adjacent land and any future road requirements. A subdivision in Rural Zone 3 that does not meet the limited discretionary conditions of rule 16.3.7.3 is a discretionary activity if it meets any of the following conditions: A). In assessing applications and determining conditions, the Council will take into account the criteria set out in Schedule 16.3A, as well as any other provisions of the Plan and the Act.

In considering applications and determining conditions, the Council will have regard to the criteria set out in Schedule 16.3A, as well as any other provisions of the Plan or Act.

Rural Residential and Closed Zones

Controlled Subdivision (Rural Residential Zone)
Restricted Discretionary Subdivision (Rural Residential Zone – Listed Cultural
Restricted Discretionary Subdivision (Rural Residential Zone – Specified
Restricted Discretionary Subdivision (Rural Residential Zone – Specified
A Restricted Discretionary Subdivision (Rural Residential Zone)
B Discretionary Subdivision (Rural Residential Zone – Cooperative Living)
Discretionary Subdivision (Rural Residential Zone)
Discretionary Subdivision (Rural Residential Closed Zone)
Prohibited Subdivision (Rural Residential Closed Zone)

In the Richmond East Development Area, potential effects on the landscape value of the Richmond hillside background. In the Richmond East Development Zone, where the land that is the subject of a proposed subdivision contains a protected tree or the minimum root protection area of a protected tree, any matter necessary to:. i) ensures the integrity of the protected tree and its amenity values; and (ii) ensure that general construction activities are removed from the tree so protected. that adverse effects on the protected tree are avoided, remedied or mitigated in an appropriate manner; and. iii) give effect to any matter raised in a report of a competent person in horticulture. Operative Section 16.3 – Subdivision June 15 Discretionary Limited Subdivision (Rural Residential Zone – Specified Locations). a) the extent to which the design and construction of the subdivision allows earthworks, buildings and structures to comply with the safe distance requirements of the New Zealand Electrical Code of Practice for Safe Distances (NZECP 34:2001);

Subdivision when moving or adjusting an allotment garden boundary in Landbolig Lukket Zone is a discretionary activity if:. a) it does not create additional allotments on which a dwelling can be built; and.

All Other Zones

Discretionary Subdivision (Other Zones)

Principal Reasons for Rules

The aim of the Richmond Intensive Development Area (RIDA) is to increase the choice of housing options and enable residential intensification in the center of Richmond, close to city center amenities. The landscape value of the hills behind Richmond East is retained by limiting development to the lower hill slopes and providing lower density rural housing at the interface with the countryside. Higher density housing developments within walking distance (400 metres) of the city center will be favorably considered.

In the Mapua Rural Residential Zone, development to greater densities than assumed based on the subdivision controlled activity lot size is contemplated, subject to detailed design considerations.

Assessment Criteria for Subdivision

The extent to which access to emergency, maintenance and upgrade support structures is maintained. ii) The extent to which sharing would limit the ongoing operational needs of the national grid. To what extent are all storm drainage facilities that are part of the storm drainage network physically and legally protected from future development that could negatively affect the efficient operation of the network. ii) the extent to which the subdivision project took into account land cover changes; and proposed measures to prevent, eliminate, or mitigate the effects of these changes on stormwater flows and water quality. iii). Consideration of existing and reasonably anticipated future land use changes within the subdivision basin. you).

The extent to which the design of the rainwater network takes into account any future changes in the development that may have an impact on or be affected by the development. we you).

Transport Conditions

Services Required on Subdivision in Certain Zones

Esplanade Reserves, Strips and Access Strips

Scope of Section
Esplanade Reserves, Strips and Access Strips on Subdivision

Restricted Discretionary Subdivision (Esplanade Reserves, Strips and Access
Restricted Discretionary Subdivision (Esplanade Reserves, Strips and Access

The general provision of the law is that where an allocation of less than 4 ha is established in connection with the water areas listed above, an esplanade reserve of 20 meters in width must be established. Where an allotment is 4 ha or more, the Act provides that a planning rule may require an esplanade reserve or esplanade strip to be set aside and that a resource consent may vary or change the width of the esplanade reserve or strip. Consent can only be refused, or conditions can be imposed, with regard to the following matters, which the Council has limited discretion:.

The Act entitles the Council to take a shoulder reserve of up to 20 meters in width where land adjacent to the sea or major rivers and lakes of the District is subdivided into areas of less than 4 hectares.

Financial Contributions

Scope of Section

Financial Contributions
Circumstances where Financial Contributions will be Imposed
Purpose of Financial Contributions
How Financial Contributions have been Set

Financial Contribution on Subdivision

Calculation of Financial Contribution on Subdivision (Except for Rural 3,
Financial Contributions on Subdivision in Rural 3, Mapua and Waimea Inlet
Non-Complying Activities (Reductions, Waivers and Offsets of Financial

Financial Contributions on Resource Consent (Other than for

Requirement for Financial Contribution on Resource Consent (Other than for

Financial Contribution (Limitations)

Financial Contribution (Limitations)

Operational Section 16.5 – Financial Contributions July 29 Financial Contributions for Subdivision in Rural Districts 3, Mapua and Waimea Inlet Rural Residential Areas and Service Provision Area. Operative Chapter 16 – General Rules July 14 Financial Contributions for Subdivision in Rural Districts 3, Mapua and Waimea Inlet Rural Residential Areas and the Service Provision Area. Operating Section 16.5 – Financial Contributions July 14 Reductions, exemptions and offsets of financial contributions by subdivision (except Rural District 3 Zone, including Rural District 3 Closed Zone, Mapua and Waimea Inlet Rural Residential Areas and the Service Contribution Area).

Operating section 16.5 – Financial contributions 19 December Reductions, waivers and offsets of financial contributions to building development.

Figure 16.5A: Financial Contribution – Subdivision Per New Allotment (Except for Rural 3, Mapua and Waimea Inlet Rural Residential Zones and the Services Contribution Area)

Network Utilities and Public Works

Scope of Section
Network Utilities and Public Works

Permitted Activities (Network Utilities and Public Works)
Permitted Activities (Aviation and Marine Navigational Aids)
Restricted Discretionary Activities (Slimline, Self-Supporting Masts and Poles
Discretionary Activities (Network Utilities, Public Works, and Aviation and

Operational Chapter 16 – General Rules 19 December Permitted activities (network services and public works). f) The activity is not a waste transfer station, landfill, airport, or land-based effluent disposal area or oxidation pond. g). The installation, operation and maintenance of an aviation navigation aid or beacon, or marine navigation aid or beacon, is a permitted activity that may be undertaken without resource consent if the following conditions are met:. a) A navigational aid or beacon is installed for and on behalf of Maritime New Zealand and Airways New Zealand, or the Council, to mark a navigational hazard or for air navigation purposes. The size and visual appearance of network services and public works structures can negatively affect the quality of the landscape if they are not carefully located.

There are limited location options for marine navigational aids and beacons to achieve their function of warning of the presence of natural hazards to navigation.

Assessment Criteria – Network Utilities and Public Works

Hazardous Substances

Scope of Section
Hazardous Facilities

Permitted Activities (Hazardous Facilities)
Controlled Activities (Hazardous Facilities)
Restricted Discretionary Activities (Hazardous Facilities)
Non-complying Activities (Hazardous Facilities)

Radioactive Material

Prohibited Activities (Radioactive Material Generation, Transport, Storage and

Note: Underground storage tanks older than 25 years are considered unsafe. f) The hazardous facility is designed, constructed and operated in a manner that prevents:. i) the unintentional release of the dangerous substance; and. ii) the accumulation of any liquid or solid spills or fugitive vapors or gases in enclosed areas, likely to adversely affect the environment. g). Adherence to relevant codes of practice such as:. i) the Code of Practice for the Management of Agricultural Chemicals NZS8409:1999 (or more recent edition);. ii) the code of practice for the design, installation and operation of underground petroleum storage systems (OSH 1992, or subsequent versions);. iii) the environmental guidelines for water discharge from petroleum industrial sites in New Zealand (MfE 1998 or subsequent versions);. v) for the storage of LPG, the New Zealand and Australian Standard AS or subsequent versions). Adherence to relevant codes of practice such as:. i) the Code of Practice for the Management of Agricultural Chemicals NZS or more recent edition);. ii) the code of practice for the design, installation and operation of underground petroleum storage systems (OSH 1992, or subsequent versions);. iii) the environmental guidelines for water discharge from petroleum industrial sites in New Zealand (MfE 1998 or subsequent versions);. v) for the storage of LPG, the New Zealand and Australian Standard AS or subsequent versions);.

No resource consent will be granted for the following prohibited activities: a) Generating radioactive material.

Calculation of Cumulative Quantity Ratios

Temporary Activities and Relocated Dwellings

Scope of Section
Temporary Activities

Permitted Activities (Temporary Activities)
A Permitted Activities (Temporary Activities that are Construction, Maintenance,
Permitted Activities (Temporary Military Training Activities)
Controlled Activities (Temporary Military Training Activities)

Relocation of Dwellings

Controlled Activities (Relocation of Dwellings)

Scope of Section
Land Use

Permitted Activities (Land Use)
Restricted Discretionary Activities (Land Use)

Buildings, Berm Lands, Stopbanks

Prohibited Activities (Buildings, Berm Lands, Stopbanks)

Temporary activity that is additional or incidental to building and construction work, limited to the duration of the project or for a period of up to twelve months, whichever is shorter, and the activity meets the following conditions: a) The activity and the building are easily movable. The activity complies with the transport rules stated in paragraph 16.2. c) The Council's Environment and Planning Manager will be informed before the start of the project. A description of the location and activity, including times, dates and nature and location of the proposed training activities.

A description of the location and activity, including times, dates, nature and location of the proposed training activities.

Figure 16.8A: Noise and Fire Risk Controls Type of Military Noise

Airport Protection

Scope of Section
All Zones

Permitted Activities (All Zones)
Restricted Discretionary Activities (All Zones)

Areas to which Height Control Provisions Apply – Motueka Airport

Areas to which Height Control Provisions Apply – Takaka Airport

Bore Construction or Alteration

Scope of Section
Bore Construction or Alteration

Permitted Activities (Bore Construction or Alteration)
Controlled Activities (Bore Construction or Alteration)
Restricted Discretionary Activities (Bore Construction or Alteration)
Non-Complying Activities (Bore Construction or Alteration)

The bore is not drilled. f) The well is not within 20 meters of any domestic sewage treatment and disposal system. g). The well is not on the coastal edge of the Hau Plains or Delta areas or on the coastal edge of the Marahau Zone. h). The well is not on the coastal edge of the Hau Plains or Delta areas or in the Marahau Zone.

Consent may be refused or conditions imposed solely in relation to the following matters to which the Council has limited its discretion:

Figure 16.12A Minimum Bore Spacing and Bore Casing Requirements B ORE S PACING

Historic Heritage

Scope of Section
Minor Repair or Addition to Heritage Building or Structure

Permitted Activities (Minor Repair to Heritage Building or Structure)
Restricted Discretionary Activities (Minor Repair or Addition to Heritage

Destruction or Removal of Heritage Building or Structure

Restricted Discretionary Activities (Destruction or Removal of Heritage
Non-Complying Activities (Destruction or Removal of Heritage Building or

Trimming or Pruning of Protected Tree

Permitted Activities (Trimming of Protected Tree)

Chapter 16 of the Operating Act - General Rules 14 July Limited discretionary activities (minor repairs or additions to a heritage building or structure). Operational Section 16.13 - Historic Heritage 14 July Limited discretionary activities (destruction or removal of a heritage building or object). Operational part 16.13 - Historical heritage 14 July Limited discretionary activities (destruction or removal of a protected tree). 3) Bonds and commitments related to fulfillment of conditions and administrative costs (Section 108).

Destruction or removal of a category B or C protected tree listed in Schedule 16.13B is a limited discretionary activity.