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Tauranga City Plan

4C.2  Permitted Activity Rules

Updated 16 November 2020


Note: All site earthworks will also need to comply with the requirements of the Bay of Plenty Regional Council Regional Water and Land Plan, or be authorised by the necessary resource consent from the Bay of Plenty Regional Council.

Note: Where an activity does not comply with a Permitted Activity Rule it shall be considered a Restricted Discretionary Activity, unless stated otherwise. 

Note: While only transmission and key electric lines are identified on the Planning Maps, works in close proximity to all electric lines can be dangerous. Compliance with the New Zealand Electrical Code of Practice 34:2001 is mandatory for buildings, earthworks and mobile plants within close proximity to all electric lines. Compliance with the Electricity (Hazards from Trees) Regulations 2003 is also mandatory for tree trimming and planting. To discuss works, including tree planting, near electrical lines especially within 20m of those lines, contact the line operator.

4C.2.1 Exemptions to the Permitted Activity Rules

  1. The following activities are permitted and exempt from Rule 4C.2.2 – All Zones through Rule 4C.2.9 – High Voltage Transmission Plan Area:
    1. Earthworks consented as part of an approved subdivision;
    2. Earthworks in the Road Zone;
    3. Earthworks associated with the maintenance, renewal and minor upgrading (in relation to electric lines) of network utilities listed in Chapter 10 – Network Utilities and Designations subject to Rule 10A.5.9 – Establishment, Maintenance or Demolition of a Network Utility;
    4. Earthworks associated with the construction of stormwater reserves.
    5. Earthworks for domestic gardening;
    6. Earthworks for grave digging;
    7. Earthworks for archaeological investigations authorized by Heritage New Zealand, subject to the written approval of Transpower being clearly endorsed on all relevant investigation site plans where those investigations occur within the High Voltage Transmission Plan Area identified on the Plan Maps, Part B.

Proposed Amendment

4C.2.1 Exemptions to the Permitted Activity Rules

  1. The following activities are permitted and exempt from Rule 4C.2.2 – All Zones through Rule 4C.2.9 – High Voltage Transmission Plan Area "4C.2.10 – Floodplains, Major Overland Flowpaths and Flood Prone Areas":

Plan Change 27 – Legal effect

Proposed Amendment

    1. Earthworks consented as part of an approved subdivision "a subdivision consent approved by Council where the scope and extent of earthworks has been specifically described in the application in accordance with Rule 12B.3.1.5 – Earthworks; Rule 12C.3.1.3 - Earthworks, Rule 12D.3.1.2 – Earthworks; or Rule 12E.3.1.4 - Earthworks;"
    2. Earthworks in the Road Zone;
    3. Earthworks associated with the maintenance, renewal and minor upgrading (in relation to electric lines) of network utilities listed in Chapter 10 – Network Utilities and Designations subject to Rule 10A.5.9 – Establishment, Maintenance or Demolition of a Network Utility;
    4. Earthworks associated with the construction of stormwater reserves.
    5. Earthworks for domestic gardening;
    6. Earthworks for grave digging;
    7. Earthworks for archaeological investigations authorized by Heritage New Zealand, subject to the written approval of Transpower being clearly endorsed on all relevant investigation site plans where those investigations occur within the High Voltage Transmission Plan Area identified on the Plan Maps, Part B.

Plan Change 30 – No legal effect


Note: It is mandatory for earthworks in proximity to electric lines to comply with the requirements of the New Zealand Code of Practice for Electrical Safe Distances 2001 (NZCEP34:2001).
 
Note: Any activity that does not comply with Rule 4C.2.1(a)(vii) - Exemptions to the Permitted Activity Rules shall be considered a Discretionary Activity

4C.2.2 All Zones

In addition to Rule 4C.2.3 – Tauriko Business Estate through Rule 4C.2.9 – High-Voltage Transmission Plan Area, earthworks are a Permitted Activity providing:
  1. They are ancillary to an activity that is listed as a Permitted, Controlled or Restricted Discretionary Activity within that zone;
  2. They use a combination of erosion and sediment control measures that are consistent with Appendix 4N: Erosion and Sediment Control Measures where earthworks on a site expose more than 100m2 of area. For the avoidance of doubt this rule shall not apply to approved earthworks or earthworks ancillary to primary production;
  3. Any single cut on a site 1.5 metres in height or higher (either as a single cut or combination of cuts) where the angle of cut is 45o or greater is retained either before construction of any building foundations or retained no later than 3 months after that cut being created. This rule shall not apply to earthworks in the Rural Zone unless those earthworks are associated with construction of a building;
  4. They do not take place within the drip-line of a Notable Tree or Heritage Tree;
  5. They do not take place on any site that includes potentially contaminated land, unless:
    1. A consent for remediation has been obtained from the Bay of Plenty Regional Council;
    2. A site investigation report prepared by a suitably qualified contaminated site investigator is submitted to the Council in accordance with Ministry for the Environment Guideline No.1 – Reporting on Contaminated Sites in New Zealand demonstrating that either the site does not have potentially contaminated land or the potentially contaminated land is separated from the earthworks by a safe distance (determined by the substance causing soil contamination);
    3. Consent has been obtained pursuant to Rule 9B.3 – Restricted Discretionary Rules;
    4. The provisions of Rule 9B.2.1 – Applicability to Subdivision and Land Use apply;
  6. They are associated with sub-surface investigations of contaminated and potentially contaminated land to determine the presence, extent and nature of any contamination. This work shall be co-ordinated by a suitably qualified contaminated site investigator.

Proposed Amendment

4C.2.2 All Zones

In addition to Rule 4C.2.3 – Tauriko Business Estate through to Rule 4C.2.9 – High Voltage Transmission Plan Area "4C.2.10 – Floodplains, Major Overland Flowpaths and Flood Prone Areas", earthworks are a Permitted Activity providing:

Plan Change 27 – Legal effect

Proposed Amendment

  1. They are ancillary to "and carried out at the same time as physical works required to establish" an activity that is listed as a Permitted Controlled or Restricted Discretionary Activity within that zone;
  2. They use a combination of erosion and sediment control measures that are consistent with Appendix 4N: Erosion and Sediment Control Measures where the earthworks on a site expose more than 100m2 of area.  For the avoidance of doubt this rule shall not apply to approved earthworks or earthworks ancillary to primary production;
  3. "Any earthworks, exposing more than 100m2 of area shall apply, as a minimum, the following erosion and sediment control measures (where applicable) to keep sediment on the site:
    1. A single access constructed to prevent vehicle tracking of material off the site;
    2. A perimeter silt fence or other barrier; 
    3. Material stockpiles placed upslope of the silt fence or other barrier and covered when not in use;
    4. Temporary or permanent downpipes connected to the stormwater system;
    5. Surface water diverted away from, or prevented from, running over bare soil; and
    6. Sediment-laden water from the works area channelled to a retention area on the site.

Rule 4C.2.2 b) shall not apply to earthworks that: have resource consent under the Bay of Plenty Regional Council Regional Natural Resources Plan or are ancillary to primary production;"


"Note: Council’s Sediment and Erosion Control Guideline provides guidance and examples of sediment and erosion control measures/materials for different site circumstances to assist the selection of the best practice measures for erosion and sediment control.

Note: The Bay of Plenty Regional Council also has Erosion and Sediment Control Guidelines for Land Disturbing Activities which applies to activities/consents under the Bay of Plenty Regional Council Regional Natural Resources Plan."


  1. Any single cut on a site 1.5 metres in height or higher (either as a single cut or combination of cuts) where the angle of cut is 45o or greater is retained either before construction of any building foundations or retained no later than 3 months after that cut being created. This rule shall not apply to earthworks in the Rural Zone unless those earthworks are associated with construction of a building;
  2. They do not take place within the drip-line of a Notable Tree or Heritage Tree;
  3. They do not take place on any site that includes potentially contaminated land, unless:
    1. A consent for remediation has been obtained from the Bay of Plenty Regional Council;
    2. A site investigation report prepared by a suitably qualified contaminated site investigator is submitted to the Council in accordance with Ministry for the Environment Guideline No.1 – Reporting on Contaminated Sites in New Zealand demonstrating that either the site does not have potentially contaminated land or the potentially contaminated land is separated from the earthworks by a safe distance (determined by the substance causing soil contamination);
    3. Consent has been obtained pursuant to Rule 9B.3 – Restricted Discretionary Rules;
    4. The provisions of Rule 9B.2.1 – Applicability to Subdivision and Land Use apply; "and"
  4. They are associated with sub-surface investigations of contaminated and potentially contaminated land to determine the presence, extent and nature of any contamination. This work shall be coordinated by a suitably qualified contaminated site investigator.

Plan Change 30 – No legal effect

4C.2.3 Tauriko Business Estate

In addition to Rule 4C.2.2 – All Zones, earthworks are permitted providing:
  1. For any area defined on the Diagram 10, Section 5, Plan Maps (Part B) (Tauriko Business Estate Outline Development Plan) as an Escarpment Area they do not exceed a cut depth of 1 metre or a volume of 50m3, with the exception of earthworks permitted under Rule 18A.14.2.5 - Escarpment Area, Gargan Road;
  2. For earthworks within the Gargan Plateau defined in Diagram 10, Section 5, Plan Maps (Part B) (Tauriko Business Estate Outline Development Plan) as Escarpment Area where:
    1. The final contour and landscape mitigation is completed and maintained in accordance with Appendix 18H: Tauriko Business Estate - Gargan Road Escarpment Final Contour and Landscape Plan;
    2. Earthworks incidental to the construction of the road between Gargan Road and Taurikura Drive as shown on Diagram 10, Section 5, Plan Maps (Part B) (Tauriko Business Estate Outline Development Plan);
    3. Other earthworks that do not exceed a vertical cut depth of 1 metre or a volume of 50m3.

Note: For the avoidance of doubt, any earthworks activity that does not comply with Rule 4C.2.3 a) shall be considered a Restricted Discretionary Activity.

Note: Any Earthworks activity that does not comply with Rule 4C.2.3 b) shall be considered as a Non-Complying Activity.


4C.2.4 Flood Hazard Plan Area

In addition to Rule 4C.2.2 – All Zones, earthworks within the Flood Hazard Plan Area shall not exceed more than 500m3 except where they are associated with the construction, erection or placement of a building.

Note: Where earthworks are associated with the construction, erection or placement of a building in the Flood Hazard Plan Area refer to Chapter 8 – Natural Hazards, Table 8C.1.

4C.2.5 Coastal Hazard Erosion Plan Area (CHEPA)

In addition to Rule 4C.2.2 – All Zones, earthworks undertaken on land within the Coastal Hazard Erosion Plan Area that is not zoned Open Space shall not exceed:
  1. More than 5m3 in a 6-month calendar period within the Current Erosion Risk Zone or the 50 year Erosion Risk Zone;
  2. More than 25m3 in a 6 month calendar period within the 100 year Erosion Risk Zone;
    and ensure:
  3. Any excavated material is re-spread within the Coastal Hazard Erosion Plan Area;
  4. Re-spread material is planted with native dune plants within 6 months of the re-spreading.

4C.2.6 Mean High Water Springs (MHWS) or a Permanently Flowing River or Stream or Wetland

In addition to Rule 4C.2.2 – All Zones, earthworks undertaken on land within 15m of mean high water springs or a permanently flowing river or stream or wetland shall not:
  1. Exceed more than 50m3 in a 6 month calendar period;
  2. Raise or lower the ground level by more than 1 metre.

4C.2.7 Outstanding Natural Features and Landscapes and Important Amenity Landscape Plan Areas

In addition to Rule 4C.2.2 – All Zones, earthworks undertaken within an Outstanding Natural Feature and Landscape Plan Area or an Important Amenity Landscape Plan Area shall:
  1. Be associated with activities listed as Permitted in Chapter 6 – Natural Features and Landscapes; or
  2. Not alter the ground level by more than 1 metre where those earthworks are associated with primary production activities.

4C.2.8 Special Ecological Areas

In addition to Rule 4C.2.2 – All Zones, earthworks within Special Ecological Areas shall:
  1. Be associated with activities listed in Chapter 5 - Natural Environment (Table 5A.1); or
  2. Not exceed more than 5m3 in a 6-month calendar period, except for:
    1. the maintenance of existing stormwater reserves and existing stormwater overland flowpaths (existing at 17 October 2009);
    2. maintenance of existing farmtracks and fencelines (existing at 17 October 2009).

4C.2.9 High-Voltage Transmission Plan Area

  1. Earthworks shall not raise or lower the ground level around a pole support structure by more than:
    1. 300mm within 2.2 m of the pole or stay wire of the line; or
    2. 750 mm between 2.2 m and 5 m of the pole or stay wire;
  2. Rule 4C.2.9 a) – High-Voltage Transmission Plan Area does not apply to vertical holes not exceeding 500 mm diameter beyond 1.5 m from a pole or stay wire, the cultivation of land or the repair, sealing or resealing of the existing surface of any road, footpath or driveway.
  3. Earthworks shall not raise or lower the ground level around a tower support structure by more than:
    1. 300mm within 6 m of the outer edge of the visible foundation of the tower; or
    2. 750 mm between 6 m and 12 m of the outer edge of the visible foundation of the tower;
  4.  Rule 4C.2.9 b) – High-Voltage Transmission Plan Area does not apply to cultivation of land or the repair, sealing or resealing of the existing surface of any road, footpath or driveway.
  5. Maintain a minimum separation distance of 8m from ground level to the transmission electric line (as measured on the vertical plane).

Note: Any activity that does not comply with Rule 4C.2.9 – High Voltage Transmission Plan Area shall be considered a Discretionary Activity.


Proposed Amendment

"4C.2.10 Floodplains, Major Overland Flowpaths and Flood Prone Areas"

"In addition to Rule 4C.2.2 – All Zones, earthworks within a floodplain, major overland flowpath or flood prone area shall:

  1. Not exceed 10m³ in net volume of fill (based on ground level existing at 16 November 2020); and
  2. Not raise the ground level (existing at 16 November 2020) by more than 300mm."

"Note: Rule 4C.2.10 shall not apply to earthworks that are ancillary to primary production or earthworks that are ancillary to the maintenance of stormwater assets and management of public recreational facilities and activities."


Plan Change 27 – Legal effect

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