9A.6  Discretionary Activity Rules

Updated 11 September 2018

The following are Discretionary Activities:

1. Any hazardous substance facility with an effects ratio greater than the effects ratio specified for Discretionary Activities in the zone in which the facility proposes to locate;
2. Any activity which is not a Permitted or Restricted Discretionary Activity.

9A.6.1 Assessment of Discretionary Activities

In considering a Discretionary Activity the Council’s discretion is unrestricted. The Council will consider any relevant matter with particular regard to the relevant Objectives and Policies of the Plan and: 

1. General:
   Whether the proposal would be consistent with:
   1. The objectives and policies for the relevant zone in which the site is located;
   2. Relevant matters of the HSNO Act and regulations.
      Where necessary, more stringent measures than those required under the provisions of the HSNO Act and regulations may be imposed to manage the risk to more sensitive environments. A review clause (pursuant to section 128 RMA) may be included in the conditions, where deemed necessary, to address any future changes in the environment, codes of practice, technology or legislation. 
2. Specific Information Requirements:
   1. Where the Hazardous Facility Screening Process has determined the hazardous substance facility is a Discretionary Activity, the consent application shall be accompanied by an Assessment of Environmental Effects. This shall be provided in such detail as corresponds with the scale and significance of the actual or potential effects and risks of the proposed activity;
   2. In addition to any information required by other Sections of the Plan, every application in respect of a Discretionary Activity shall include full information on those requirements specified in Rule 9A.5.1.1 – Specific Information Requirements on Hazardous Facilities. 
3. Traffic Safety:
   To reduce the risk of accidents involving the transportation of hazardous substances, conditions may be imposed that require access for trucks along specified routes, in particular the arterial road network (refer Rule 9A.5.1.2 – Traffic Safety).
4. On-Site Risk Mitigation and Management:
   Site management systems can greatly reduce the risk of accidents and injury resulting from the use of hazardous substances. Rule 9A.3 – Permitted Activity Rules: Hazardous Substances outlines a number of systems Council may consider as conditions of resource consent. The provisions of Rule 9A.5.1.3 – On-site Risk Mitigation and Management shall also apply. 

Note: In addition to rules in the Plan applicable to hazardous substances, the provisions of the following legislation may also be applicable:

• Hazardous Substances and New Organisms Act 1996 (the HSNO Act) and regulations;
• Medicines Act 1981;
• Pesticides Act 1979 (replaced by the HSNO Act and regulations, with minor exceptions);
• Health and Safety in Employment Act 1992;
• Building Act 2004;
• Health Act, 1956. 

Definitions in this section

activity/activities

council

environment

hazardous substances

hazardous substance facility

the plan

RMA

site