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Example Regional Plan rules

The following examples are hypothetical representations of rules written in accordance with best practice guidelines. While not shown here, cross-references to policies and objectives would be appropriate.

An alternative to listing activities under each activity class is to tabulate them. Some plans existing plans take this concept further by having all the rules written up as a table (see for example the Hawkes Bay Regional Resource Management Plan).

Note that italics are used to denote terms that would be included in the definitions section of the district plan.

Tables

A table that outlines rules is useful for two reasons. First, it can be used as a drafting tool to test the thresholds for rules. It provides an effective way of checking rules that overlap or repeat, and finding gaps. It also lets practitioners review the cumulative effect of all the rules applicable (eg for activity consent status).

Second, tables can be used to confirm which rules apply in different parts of the district/region and for which activities.

Permitted Activity Rules: Example 1

Permitted activities

6.7.3.4 Permitted Activities

The following activities are permitted in the Whatamatu Water Management Area provided that they comply with the standards, terms and conditions in 6.7.3.5:

  1. Minor diversions of water in natural watercourses.
  2. Diversions of water in artificial watercourses.

Standards, terms and conditions 

6.7.3.5 Diversions in the Whatamatu Water Management Area

  1. One or more of the following must apply:
    1. The catchment area above the diversion does not exceed more than 30 hectares in area; or
    2. The diversion remains within the channel of the affected watercourse; or
    3. The diversion shall not divert more than 10% of the flow of the affected watercourse, and the water diverted is returned to the affected watercourse or water body within 150 metres downstream of the diversion.
  2. The diversion shall not alter the water levels of any wetland or result in contaminants, other than water or sediments, entering a wetland.
  3. The diversion shall not result in contaminants, other than water or sediments, entering a river or lake.
  4. The release of sediments shall not cause any conspicuous change in BOD, colour or clarity of water after reasonable mixing.
  5. The diversion shall provide for existing fish migration in the affected water body to continue.
  6. The diversion shall not reduce the quality or quantity of water available for an existing lawfully established take.

Permitted Activity Rules: Example 2

Activity

Standards, terms and conditions to be complied with

Non-compliance

Applicable objectives and policies

Rule 9.1.1.1

The following activities are permitted in the Poraone Catchment:

(1) Restoration, alteration, replacement and maintenance of lawfully established bores or water takes;

(2) Closure, decommissioning or abandonment of bores…

 

(a) Any replacement or altered bore shall take water from the same aquifer as the existing bore;

(b) The replacement bore shall be located on same site and within 5 metres of the bore to be replaced;

(c)…

 

 Activities that fail to comply with standards, terms and conditions of rule 9.1.1.1 shall be Restricted Discretionary

Objectives:

9.1

9.2

Policies:

9.1.1

9.1.2

9.1.5

9.2.3

Controlled Activity Rules: Example 1

Controlled activities

6.8.2.1 Controlled Activities

The following are Controlled Activities throughout the Whatamatu Water Management Area provided that they comply with the standards, terms and conditions set out in rule 6.8.2.2:

  1. The taking and use of surface water for stock watering.
  2. The taking and use of surface water for small-scale horticultural uses.

Controlled activity standards, terms and conditions

6.8.2.2: Water for stock watering

  1. The rate of abstraction for any one property described in a single certificate of title shall not exceed an average 2.0 litres per second, or exceed a maximum rate of 5 litres per second for a total period of more than 30 minutes per day.
  2. The combined quantity of all takes within the total catchment shall not exceed 40 litres per second.

6.8.2.3 Small-scale Horticultural Uses 

(a) …

Matters of control

6.8.2.4 Matters of control

In respect of 6.8.2.1(a) and (b), the matters over which the Erehwon Regional Council retains control are:

  1. The volume and the rate of water abstraction.
  2. The duration over which the water is to be taken.
  3. The effects of reduced flows on surface water bodies during summer low-flow periods.

Restricted Discretionary Activity Rules: Example 1

Restricted Discretionary Activities 

6.8.3.1 Restricted Discretionary Activities

The diversion of water in, or from, any watercourse in the Erehwon Region is a restricted discretionary activity if one or more of the following apply:

  1. The proportion of the flow to be diverted in, or from, the water course affected is greater than 10% but less than 25% and is returned to the watercourse or water body within 150 metres downstream of the diversion.
  2. The diversion will result in the alteration of water levels in any wetland or the discharge of contaminants other than water, sediment or chemicals listed in schedule 5 of this plan.
  3. The diversion will result in contaminants, other than water, sediments or chemicals listed in schedule 5 of this plan entering a river or lake.

6.8.3.2: Matters of Discretion

The matters to which the Erewhon Regional Council restricts its discretion are:

  1. The volume and rate of water diverted;
  2. The length of time over which water may be diverted;
  3. The adverse effects associated with the alteration of water level in any affected wetland, including those on flora and fauna;
  4. The adverse effects associated with the discharge of any contaminant, other than water, sediment or chemicals listed in schedule 5 of this plan into the affected water course or water body.

Discretionary Activity Rules: Example 1

6.8.4.1 Discretionary Activities

Any activity that is not described as permitted, controlled, restricted discretionary, non-complying or prohibited in the Whatamatu Water Management Area is a discretionary activity.

Discretionary Activity Rules: Example 2

7.4.1.1 Discretionary Activities

The following are Discretionary Activities in the Tahatai Coastal Management Area:

  1. Any activity involving the removal of more than 40,000 cubic metres of sand, shell, shingle or gravel within a consecutive 12-month period;
  2. The introduction or planting of an exotic plant species not already present in the Tahatai Coastal Management Area;
  3. ….

Non-complying Activity Rules: Example 1

6.8.5.1 Non-complying Activities

The drainage or partial drainage of any regionally significant wetland described in schedule 3 of this plan is a non-complying activity.