7E.4  Restricted Discretionary Activity Rules

Updated 11 September 2018

The following are Restricted Discretionary Activities:

1. Any Permitted Activity that does not comply with:
   1.  Rule 7E.3.1 - Existing Minor Structures and Activities;
   2.  Rule 7E.3.2 - New Minor Structures and Activities.
2. Any activity identified as a Restricted Discretionary Activity in Table 7E.1: Historic and Heritage Activity Status - Significant Archaeological Areas.
3. Any activity identified as a Restricted Discretionary Activity in Table 7E.2 Historic and Heritage Activity Status - Te Tumu Archaeological Management Areas.

7E.4.1 Non-Notification

Any application for a resource consent made under Rule 7E.4 - Restricted Discretionary Activity Rules shall not be publicly notified, nor shall there be limited notification of an application on affected persons, with the exception of the New Zealand Historic Places Trust and any hapu that has the significant archaeological area located within its rohe.

7E.4.2 Restricted Discretionary Activities - Standards and Terms

Note: Any activity that does not comply with Rule 7E.4.2 - Restricted Discretionary Activities - Standards and Terms shall be considered a Discretionary Activity.

7E.4.2.1 Signficant Archaeological Areas (excluding Te Tumu)

1. The extent of proposed earthworks beyond any existing areas of cut and fill shall be identified; and
2. A suitably qualified archaeologist shall carry out an archaeological assessment that identifies:
   1. The effects of the proposal on the values of the significant archaeological area;
   2. Recommendations to ensure values of the significant archaeological area are appropriately protected and / or managed. 

7E.4.2.2 Te Tumu Archaeological Management Areas

1. A suitably qualified archaeologist shall carry out an archaeological assessment to establish if an archaeological site is located within the area affected by the proposed activity. The assessment shall:
   1. Establish the significance of the archaeological site in accordance with Policy 7E.1.1.1 – Identifying Significant Archaeological Areas;
   2. Identify those features of the archaeological site that are considered to be significant and not as significant;
   3. Include recommendations to ensure the values of any significant archaeological site within the area affected by the proposed activity are appropriately managed and / or protected; and
   4. Include recommendations to ensure the values of any other archaeological site are appropriately managed.

7E.4.3 Restricted Discretionary Activities - Matters of Discretion and Conditions

1. In considering a Restricted Discretionary Activity under Rule 7E.4(a) and (b) - Restricted Discretionary Activity Rules the Council restricts the exercise of its discretion to the following matters:
   1.  7A.1.1.2 - Policy - Protection of Historic Heritage;
   2. The extent of any pre-application consultation undertaken with the New Zealand Historic Places Trust or any hapu that has the significant archaeological area located within its rohe;
   3. The recommendations of the archaeological assessment required under Rule 7E.4.2.1(b) - Restricted Discretionary Activities - Standards and Terms.
2. In considering a Restricted Discretionary Activity under Rule 7E.4(c) - Restricted Discretionary Rules the Council restricts the exercise of its discretion to the following matters:
   1.  7A.1.1.2 - Policy - Protection of Historic Heritage;
   2.  7E.1.2.1 - Policy - Managing Significant Archaeological Areas within the Te Tumu Future Urban Zone;
   3. The recommendations of the archaeological assessment required under Rule 7E.4.2.2(a) - Restricted Discretionary Activities - Standards and Terms;
   4. The extent of any pre-application consultation undertaken with the New Zealand Historic Places Trust or any hapu that has the significant archaeological area located within its rohe.

Definitions in this section

activity/activities

archaeological site

council

earthworks

hapu

significant archaeological area

site