Updated 14 December 2018
The City shares a land border with Western Bay of Plenty District Council and a sea border with the Bay of Plenty Regional Council at mean high water springs (MHWS). Although MHWS has been illustrated on the (Plan Maps, Part B) it should be noted that this is not a fixed and surveyed line but rather one which provides an indicative representation of the Council's jurisdictional boundary based on an accepted height above sea level of 0.87m above Moturiki Datum for the inner harbour and 1.0m above Moturiki Datum along the open coast. The Regional Council also has jurisdiction over the use of resources within the City through its functions under the RMA, exercised through the Regional Plans. These areas of jurisdiction are identified in Figure 2A.2: The City and Surrounds.
Figure 2A.2: The City and Surrounds
The relationship of the framework for resource management under the RMA to the City and surrounds is described in Figure 2A.3: Resource Management Responsibilities & Areas of Application.
Figure 2A.3: Resource Management Responsibilities & Areas of Application
Many of the issues relevant to the Council’s responsibility under the RMA and the purpose of the Plan require a co-ordinated approach between the Council and those other authorities with which the Council shares a boundary. These ‘cross-boundary issues’ include managing the effects of activities that transcend or adjoin the boundaries, as well as ensuring a consistent approach in the policies that manage these effects. These issues range from site specific resource management issues, to broad strategic considerations centered on managing the qualities of the City and surrounds, and ensuring these qualities are protected, as far as possible for existing and future generations.
The Council, together with Western Bay of Plenty District Council and Bay of Plenty Regional Council, has adopted a 50-year growth management strategy, known as SmartGrowth. This consists of a partnership, collaboration and co-ordination between these authorities, tangata whenua and community groups to manage the future growth of the sub-region.
SmartGrowth provides an overarching framework, the principles of which are distilled into policies and plans of these authorities, including being embodied within the Plan. The Plan also implements the direction of the Regional Policy Statement, which reflects this co-ordinated approach and overarching strategic direction.
At the boundaries of the City the Plan reflects, where possible, a consistent or complimentary approach to the management of the effects of resource use, with those of Bay of Plenty Regional Council and Western Bay of Plenty District Council. Through both the strategic co-ordination and specific response to resource management issues in a manner consistent with these authorities, the Plan provides an essential part of the framework in ensuring that the City and sub-region are desirable places to live, work and play.
The Acts, regulations, policies and plans that have an influence on subdivision, use and development within the City, and the nature of their influence, are described below.
2A.1.1 Integrated Planning – The Plan and the Local Government Act
The Local Government Act (2002) is the guiding legislation for the operation of the Council. The Local Government Act is aligned with the RMA, including a guiding principle of sustainability in providing for the ‘wellbeing’ of communities.The Plan has outcomes relevant to the wellbeing of the community, and the processes of the RMA and Local Government Act are inter-related to meet the purpose of both. The integrated planning of the City requires consideration of the joint role of initiatives under the Local Government Act and the control of subdivision, use and development under the Plan.
The consultative procedures of the Local Government Act have been relevant in making the Plan, however in practical terms it is in the areas of funding infrastructure, expenditure on projects for community wellbeing, and monitoring outcomes that the relationship between the Local Government Act and RMA is most relevant.
The Local Government Act requires the Council to produce a policy on the funding of infrastructure and the taking of ‘development contributions’. While the Council relies principally on the development contributions system, the Plan also sets out financial contributions for certain situations not covered by development contributions. The development contributions policy provides for the review of financial contributions under the Plan and the two systems are designed to be complimentary.
It is intended that a comprehensive and integrated monitoring strategy will be developed which addresses both Local Government Act requirements, and meets the Council’s obligations under section 35 of the RMA.
2A.1.2 Bay of Plenty Regional Council.
The functions of the Bay of Plenty Regional Council are set out in section 30 of the RMA to include:
- Establishing an approach for the integrated management of resources
- Controlling the use of land for the purposes of soil conservation, water quality and quantity, and the avoidance or mitigation of natural hazards
- Control of the Coastal Marine Area (in conjunction with the Conservation Minister)
- Control of the use of water
- Control of the discharge of contaminants.
- Control of the use of the beds of rivers and lakes.
In addition, the Council has previously delegated to the Bay of Plenty Regional Council the control of the use of the surface of rivers and lakes.
The Bay of Plenty Regional Policy Statement sets a strategic direction that has been given effect in the Plan, including setting direction for the identification of significant natural areas, heritage, and the approach to managing growth in the City.
The Bay of Plenty Regional Council has also prepared and implements a number of Plans including:
- On-Site Effluent Treatment Regional Plan
- Regional Coastal Environment Plan
- Regional Water and Land Plan
- Regional Air Plan
When undertaking subdivision, use or development it is possible that consents will be required under the Plan, and also required from the Bay of Plenty Regional Council. There are also instances of overlapping functions such as:
- Contaminated land: The Regional Water and Land Plan sets out the requirements for remediation, and the Plan sets standards and processes to ensure that land has been appropriately remediated for the intended use
- At the boundary between the City and the Bay of Plenty Regional Council, where use and development may be within both jurisdictional areas
- Development in areas not serviced by a reticulated sewerage system: The density of development permitted unde rthe Plan reflects this circumstance, and the Bay of Plenty Regional Council considers the environmental effects of on-site servicing under the Regional On-Site Effluent Treatment Plan.
The approach of the Plan is to give effect to the Regional Policy Statement, and to be both consistent and complimentary to the plans of the Bay of Plenty Regional Council.
2A.1.3 Western Bay of Plenty District Council
The Council shares a significant territorial boundary with the Western Bay of Plenty District Council. Through preparation of the Plan a consistent approach has been sought with the District Council, where possible. This is reflected in a similar approach and layout of both the Western Bay of Plenty District Plan, and the Plan.
A co-ordinated approach to the management of growth is provided by partnership in SmartGrowth, and implementation of the direction set by the Bay of Plenty Regional Council. This partnership approach leads to an agreed direction for future growth and the significant issues associated with that growth.
2A.1.4 Historic Places Trust
The Historic Places Trust is governed and managed as a Crown Entity and established under the Historic Places Act 1993. The purpose of the Historic Places Trust is to promote the identification, protection, preservation and conservation of the historical and cultural heritage of New Zealand. The Historic Places Trust may be considered an affected party in relation to a resource consent required by the Plan.
Consent is also required from the Historic Places Trust to damage, destroy or modify an archaeological site. These sites may or may not be identified in the Plan.
2A.1.5 New Zealand Transport Agency
The New Zealand Transport Agency is governed and managed as a Crown Entity to administer transport planning, funding and delivery. A component of The New Zealand Transport Agency’s function is the control of State Highways. The daily management of these highways within the City has been delegated to the Council, however the Agency retains the role of administration of the State Highway network. Approval from the Agency is required for access to the State Highway network, including any dedicated limited access roads.
2A.1.6 The Civil Aviation Authority
The Civil Aviation Authority is governed and managed as a Crown Entity for the purpose of establishing civil aviation safety and standards. The Plan deals only with activities on land and any activities in the air are under the control of the Civil Aviation Authority. In the Plan the approach to Tauranga Airport is identified as the Airport Slopes and Surfaces (a height limit above which detailed consideration will be given to the effects of any activity on the safety of aircraft).
2A.1.7 The Ministry of Economic Development
The Ministry of Economic Development is responsible for the administration of the Crown Minerals Act 1991. A permit is required under the Crown Minerals Act to prospect, explore or mine minerals owned by the Crown. The Plan covers environmental issues associated with mining, however, consultation with the Ministry for the Environment is required when undertaking prospecting, exploration or mining to determine if a permit is required from that authority.
2A.1.8 The Department of Conservation
The role of the Department of Conservation is set out in the Conservation Act 1987, including promoting the conservation and preservation of New Zealand’s natural and historic resources. The Department manages land held under the Act, preserves freshwater resources, and fosters the use of these resources for tourism purposes where not inconsistent with their preservation.
2A.1.9 Waitaha Claims Settlement Act 2013: Statutory Acknowledgement
The Crown has reached a Treaty of Waitangi settlement with Waitaha. The Waitaha Claims Settlement Act 2013 gives effect to certain provisions of the deed of settlement, which is a deed to settle the historic claims of Waitaha.
In terms of resource management the deed requires that consent authorities, including the Council, are to give summaries and notices of resource consent applications and any notice to the Environment Protection Agency to the trustees of Waitaha for an activity within, adjacent to, or directly affecting their statutory area as soon as is practicable after the consent authority receives the application and before the decision is made to notify an application.
This requirement is also outlined in the Council’s protocol of engagement with Waitaha as guidance to parties who may be applying for a consent and seek to engage with Waitaha as part of the consent process.
The Waitaha statutory area is identified in Appendix 2A: Waitaha Statutory Acknowledgement and also within the engagement protocol with Waitaha.
In addition, section 31 of the Waitaha Claims Settlement Act 2013 requires that:
- Sections 26-30 of the Waitaha Claims Settlement Act 2013;
- The description of the statutory area; and
- The statement of association for the statutory area;
be attached to the Plan as public information. This information is contained in Appendix 2A: Waitaha Statutory Acknowledgement.