Relevant pages from the operative
Bay of Plenty Regional Policy Statement
Incorporating (shown underlined) the
Bay of Plenty Regional Council approved
Change No. 1 (Criteria)
Pursuant to clause 17 of Schedule 1 to
the Resource Management Act 1991
Bay of Plenty Regional Policy Statement
9 April 2008 V10.1 incorporating approved Change No. 1 Introduction
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Bay of Plenty Regional Policy Statement
9 April 2008 V10.1 incorporating approved Change No. 1 Introduction
Any reference in this Statement to Environment B·O·P or Environment Bay ofPlenty shall be read as a reference to the Bay of Plenty Regional Council.
The Statement is in two parts: Part I contains introductory and explanatory material about the structure and purpose of the Statement in relation to the purpose of the Resource Management Act 1991, the philosophy behind the Statement and discussion of the concept “sustainable management” including its relationship with the Maori Environmental Resource Management System. The constitutional background to the Statement is presented, as well as discussion of the relationship between resource ownership and management. An overview of the Bay of Plenty Region is provided from various perspectives, alluding to resource management issues arising in those contexts. A detailed subregional overview locates issues in more local geographical settings. Part I concludes with a statement of matters of resource management significance to iwi authorities including a description of the traditional Maori approach to the environment, discussion of the principles of the Treaty of Waitangi, and identification of specific issues of concern. Policy relating to Part I matters is presented in Part II.
Each chapter in Part II presents background information on the chapter topic and outlines the significant issues associated with each topic. The issues are followed by the objectives, policies and methods of implementation aimed at guiding councils and the community towards the sustainable use of natural and physical resources. A brief explanation of, and the principal reasons for, the objectives, policies and methods are also presented. Each chapter concludes with a listing of the environmental results anticipated from implementation of those polices and methods. The first chapter in Part II, “Resource Management Practice”, relates to general considerations which should be applied when dealing with all resource management issues, as well as containing information about monitoring, and the review of the Statement. The remaining chapters are based on specific resources. Provisions applying to particular activities are likely to be found in more than one chapter; for example, “Natural Features and Landscapes and Historic Heritage” or “Natural Character and Indigenous Ecosystems” provisions may apply to a “Land” activity.
For the purpose of the Statement an “issue” is a matter of concern to the region's community regarding an activity affecting some aspect of natural and physical resources and the environment of the region. An “objective” is a desirable and achievable condition or position towards which effort is to be directed. "Policies" in regard to issues and objectives define the boundaries within which decisions can be made; policies guide the development of courses of action directed towards the accomplishment of objectives.
“Methods of implementation” are the procedures or courses of action to be followed, in accordance with the policies, to achieve the objectives, detailing what is to be done and by whom. Methods of implementation are divided, where appropriate, into three categories as follows: “Environment B·O·P and District Councils”, “Environment B·O·P”, and “District Councils”. The first refers to all councils and presents methods of implementation for both Environment B·O·P and district councils. The second category relates specifically to Environment B·O·P, while the last outlines methods of implementation for the district councils in the region. The timing and expenditure on implementation of the methods is subject to annual plan processes. In exercising their functions, councils are not limited to only those methods of implementation stated in these sections.
“Anticipated environmental results” are the expected effects on the environment of implementing the policies and methods. Because of the complex nature of environmental systems, not all the effects of implementing policies and methods are foreseeable.
The objectives, policies and methods of implementation deal only with those factors which are subject to human influence. The effects of natural perturbations, other than natural hazards, are not addressed in the Statement.
1.2 The Purpose and Principles of the Resource Management Act 1991
This Statement is prepared under the Resource Management Act 1991 (“the Act”). Part II (sections 5 – 8) of the Act states the purpose of the Act and the principles to be followed in the management of resources. These sections of Part II are given below.
5. Purpose –
(1) The purpose of this Act is to promote the sustainable management of natural and physical resources.
(2) In this Act, sustainable management means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while –
(a) Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
(b) Safeguarding the life-supporting capacity of air, water, soil and ecosystems; and
(c) Avoiding, remedying, or mitigating any adverse effects of activities on the environment.
6. Matters of national importance – In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development and protection of natural and physical resources, shall recognise and provide for the following matters of national importance:
(a) The preservation of the natural character of the coastal environment (including the coastal marine area), wetlands and lakes and rivers and their margins, and the protection of them from inappropriate subdivision use, and development:
(b) The protection of outstanding natural features and landscapes from inappropriate subdivision, use and development:
(c) The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna:
(d) The maintenance and enhancement of public access to and along the coastal marine area, lakes, and rivers:
(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga:
(f) The protection of historic heritage from inappropriate subdivision, use and development:
(g) The protection of recognised customary activities.
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Bay of Plenty Regional Policy Statement
9 April 2008 V10.1 incorporating approved Change No. 1 Introduction
7. Other matters – In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall have particular regard to –
(a) Kaitiakitanga:
(aa) The ethic of stewardship:
(b) The efficient use and development of natural and physical resources:
(ba) The efficiency of the end use of energy:
(c) The maintenance and enhancement of amenity values:
(d) Intrinsic values of ecosystems:
(e) Repealed:
(f) Maintenance and enhancement of the quality of the environment:
(g) Any finite characteristics of natural and physical resources:
(h) The protection of the habitat of trout and salmon:
(i) The effects of climate change:
(j) The benefits to be derived from the use and development of renewable energy.
8. Treaty of Waitangi – In achieving the purpose of this Act, all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
1.2.1 Other Statutes
In addition to their functions and duties under the Resource Management Act 1991, councils have responsibilities under a number of other statutes. These include but are not limited to the:
Biosecurity Act 1993
Building Act 1991
Transport Services Licensing Act 1989
Transit New Zealand Act 1989
Civil Defence Act 1983
Marine Pollution Act 1974
Local Government Act 1974
Local Government Official Information and Meetings Act 1987
Rating Powers Act 1988
Health Act 1956
Land Drainage Act 1908
Rangitaiki Land Drainage Act 1956
Soil Conservation and Rivers Control Act 1941
Conservation Act 1987
Forests Act 1949
Historic Places Act 1993
National Parks Act 1980
Hazardous Substances and New Organisms Act 1996
Reserves Act 1977
Maritime Transport Act 1994
There is interaction between the Resource Management Act 1991 and these statutes. Although the Statement has been prepared pursuant to the Resource Management Act 1991, councils' roles under other statutes may be used to assist them in achieving the purpose of the Act.
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Bay of Plenty Regional Policy Statement
9 April 2008 V10.1 incorporating approved Change No. 1 Resource Management Practice
5.3.2(b) Policies[1]
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Bay of Plenty Regional Policy Statement
9 April 2008 V10.1 incorporating approved Change No. 1 Resource Management Practice
5.3.2(b)(i) To recognise and provide for traditional Maori uses and practices relating to natural and physical resources such as mahinga maataitai, waahi tapu and taonga raranga, where appropriate.
5.3.2(b)(ii) To recognise and provide for the role of tangata whenua as kaitiaki of their resources, where appropriate.
5.3.2(b)(iii) To recognise the particular sensitivity of Maori heritage and the inappropriateness of expressly identifying some sites of value to tangata whenua.
5.3.2(b)(iv) To recognise that only Maori can identify their relationship and that of their culture and traditions with their ancestral lands, water, sites, waahi tapu and other taonga.
5.3.2(b)(v) To assess the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga, in relation to section 6(e) of the Act, by the extent to which criteria not inconsistent with those in Appendix F set 4: Maori Culture and Traditions are met.
5.3.2(b)(vi) To use criteria not inconsistent with those in set 4 of Appendix F when preparing provisions relating to the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga, in relation to section 6(e) of the Act, for inclusion in regional and district plans for the purpose of Part V of the Act.
5.3.2(c) Methods of Implementation
Environment Bay of Plenty, City and District Councils are encouraged to:
5.3.2(c)(i) Include in plans, through consultation with iwi and hapu, policies and methods to protect the mauri of resources.
5.3.2(c)(ii) Provide, in plans and resource management decisions, for the protection of areas or sites of traditional value or of other significance to tangata whenua.
5.3.2(c)(iii) Develop appropriate provisions, in consultation with iwi and hapu, for managing and protecting the relationship of Maori with sites or places which are of special significance to tangata whenua.
5.3.2(c)(iv) Provide for identified Maori traditional and cultural relationships with their ancestral sites and areas when considering the impact of a proposed activity.
Environment Bay of Plenty will:
5.3.2(c)(v) Facilitate the development of an appropriate system for the release to councils by iwi and hapu of culturally sensitive information.
5.3.2(d) Explanation/Principal Reasons
All persons exercising functions and powers under the Act are required to recognise and provide for the relationship of Maori and their culture and traditions, with their ancestral lands, water, sites, waahi tapu, and other taonga as a matter of national importance. Pukenga, experts recognised by iwi and hapu in accordance with tikanga Maori, have the knowledge and mana to assess the importance of values and places to Maori.
In addition, the Act requires all persons exercising functions and powers under the Act, in relation to managing the use, development and protection of natural and physical resources, to have particular regard to kaitiakitanga.
5.3.3 Consultation
5.3.3(a) Objective
The timely exchange, consideration of and response to, relevant information by all parties with an interest in the resolution of a resource management issue.
5.3.3(b) Policies
5.3.3(b)(i) To consult as widely as practicable in the preparation, implementation and review of policy statements and plans.
5.3.3(b)(ii) To consult all potentially affected parties and interest groups in the planning, implementation and review of councils' own operational activities in relation to the use, development and protection of natural and physical resources.
5.3.3(b)(iii) To encourage all parties undertaking resource use, development and protection activities to consult others who may be affected.
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1 December 1999 Bay of Plenty Regional Policy Statement Physical Resources / Built Environment
· Some infrastructure networks need to be recognised as being part of a wider network of inter-regional services.
13.3 Objective, Policies and Methods
13.3.1 Built Environment
13.3.1(a) Objective
A built environment that enables efficient use, development and protection of natural and physical resources while avoiding, remedying and mitigating adverse effects on the environment.
13.3.1(b) Policies
13.3.1(b)(i) To promote the integrated management and efficient use of physical resources and the built environment within the region and across the region’s boundaries.
13.3.1(b)(ii) To promote an efficient and safe land transport network.
13.3.1(b)(iii) To provide for the long-term security of existing physical resources and built environments.
13.3.1(b)(iv) To protect transportation and utility networks, infrastructure and public works from the adverse effects of subdivision and land use.
13.3.1(b)(v) To promote the efficient use and development of existing and future infrastructure and utility networks.
13.3.1(b)(vi) To avoid or reduce the adverse effects on the environment, relating to the use and development of the built environment and the construction, operation, and decommissioning of physical resources and infrastructure.
13.3.1(b)(vii) To promote urban and small settlement form and design which minimises adverse effects on the environment.
13.3.1(b)(viii) To discourage uses of land, for example for urban development or settlement growth, which would:
(a) Reduce the ability of communities to have access to potable water;
(b) Result in the loss of soils of high versatility for primary production, and recreational, amenity and landscape values of regional significance;