Framework

Regional Policy Statement for Taranaki

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 Part A Section 3 — Statutory and planning framework

3.         Statutory and planning framework

3.1       INTEGRATED MANAGEMENT
The Resource Management Act promotes integrated management of resources and the environment. Integrated management is an active process of managing the use, development and protection of natural and physical resources as a whole and involves a consideration of:

(a)        the effects of the use of one natural resource on other natural and physical resources or on other parts of the environment recognising that such effects may occur across space and time

(b)        the need for cooperation and coordination in relation to the statutory roles and responsibilities of other agencies in respect of the management of natural and physical resources or other management responsibilities that could affect those resources

(c)        the effect of other statutory documents prepared by the Taranaki Regional Council and others with functions and responsibilities under the Act that address issues relating to the management of natural and physical resources

(d)        the social and economic objectives and interests of the community, recognising that natural and physical resources cannot be managed without having regard to social, economic and cultural factors.

The Taranaki Regional Council intends to promote an integrated approach to the use, development and protection of the natural and physical resources of the Taranaki region through the methods contained in this Regional Policy Statement. The issues, objectives, policies and methods addressed in this Statement relate to 26 resource management issues of regional significance. However, as noted in the following sub-sections, there are connections with other statutory authorities and documents that address various parts of the environment or relate to activities that may affect or impinge on environmental outcomes. The procedures for ensuring that integrated management continues to be addressed when implementing this Statement are set out in section 17.1 of Part D of this Statement.

3.2       THE RESOURCE MANAGEMENT ACT
The Resource Management Act is the principal statute for the management of natural and physical resources. The Act establishes an integrated framework for the management of land, air, water and the control of discharges into the environment, and provides for national, regional and local territorial levels of responsibility.

3.2.1    PURPOSE AND PRINCIPLES

Section 5 [the purpose] of the Resource Management Act and sections 6, 7 and 8 (the 'principles') establish the overall framework and direction for resource management in Taranaki.

The Resource Management Act has a single purpose, set out in section 5(1) of that Act, which is "...to promote the sustainable management of natural and physical resources."

Section 5(2) of the Resource Management Act defines sustainable management as "... 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 wellbeing 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."

In addition to the purpose of the Resource Management Act, all persons exercising functions and powers under the Act are required to recognise and provide for, have particular regard to, and take into account certain 'principles' listed in sections 6, 7 and 8 of the Act:

"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 Māori and their culture and traditions with their ancestral lands, water, sites, wāhi tapu, and other taonga;

(f)         the protection of historic heritage from inappropriate subdivision, use and development; and

(g)        the protection of recognised customary activities.

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)."

3.2.2    FUNCTIONS AND POWERS
To give effect to the purpose and principles of the Resource Management Act, central government, regional councils and territorial authorities have specific functions, powers and duties.

Regional councils and territorial authorities have been given primary responsibilities for the management of natural and physical resources within their areas, subject to the requirements of central government as exercised through the instruments available under the Resource Management Act (section 3.2.3 below) or through other legislation (section 3.3 below).

Under section 30 of the Resource Management Act, the Taranaki Regional Council is responsible for the control of water, air, land (for the purposes of soil conservation, water management, natural hazards avoidance and mitigation and hazardous substances management), the investigation of land for the purposes of identifying and monitoring contaminated land, control of the coastal marine area (in conjunction with the Minister of Conservation), control of the discharge of contaminants into the environment, the control of river and lake beds, the establishment and implementation of objectives, policies and methods for indigenous biodiversity, and the strategic integration of infrastructure with land use through objectives, policies and methods.

Under section 31 of the Resource Management Act, the three territorial authorities are responsible, in relation to their district, for the preparation of objectives and policies for integrated management of the effects of land use, control of the effects of land use including responsibility for the avoidance and mitigation of natural hazards and hazardous substances management, the prevention, mitigation of the adverse effects of the use of contaminated land, indigenous biodiversity, noise control and control of activities on the surface of water in rivers and lakes.

Under section 30(1)(a) of the Resource Management Act, the Taranaki Regional Council is further responsible for preparing objectives, policies and methods to achieve integrated management of the natural and physical resources of the region and for preparing objectives and policies in relation to any actual or potential effects of the use, development, or protection of land which are of regional significance. To give effect to this responsibility the Council has prepared this Regional Policy Statement.

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3.2.3    POLICIES, PLANS AND OTHER INSTRUMENTS
Figure 5 Hierarchy of planning instruments under the RMA. The Resource Management Act provides for a hierarchy of policies, plans and other statutory instruments to enable central and local government to carry out their functions. Figure 5 outlines the policy hierarchy under the Act, including the main statutory instruments.

At the national level, the main statutory instruments include:

  • National environmental standards: Regulations made by Order in Council on the recommendation of the Minister for the Environment, to prescribe technical standards relating to the use, development and protection of natural and physical resources.
  • National policy statements: Issued on the recommendation of the Minister for the Environment, they state policy on matters of national significance relevant to achieving the purpose of the Act.
  • New Zealand Coastal Policy Statement: Prepared and issued on the recommendation of the Minister of Conservation, it states policies for achieving the purpose of the Act in relation to the coastal environment of New Zealand.
  • Water conservation orders: Issued on the recommendation of the Minister for the Environment and made by Order in Council to recognise and sustain outstanding amenity or intrinsic values associated with a waterbody that warrants protection.
  • Regulations: Made by Order in Council to provide for the matters specified in section 360 of the Act.

At the regional or district level, the main statutory instruments include:

  • Regional policy statements: Prepared by regional councils to achieve the purpose of the Act by providing an overview of the resource management issues of the region and policies and methods to achieve integrated management (see section 3.4 below).
  • Regional coastal plans: Prepared by regional councils to achieve the purpose of the Act in relation to the coastal marine area of the region. Regional coastal plans may contain rules to control activities and effects.
  • Regional plans: Prepared by regional councils to assist them in carrying out their functions under the Act. Regional plans are optional and may contain rules to control activities and effects.
  • District plans: Prepared by district councils to assist them in carrying out their functions under the Act. District plans may contain rules to control activities and effects.
  • Resource consents: Required either from regional councils or territorial authorities (or both) to carry out activities that would otherwise contravene the restrictions in the Act on the use and development of natural and physical resources.

Regional policy statements cannot include rules. Nevertheless, they are important and 'sit' high up in the hierarchy of policy instruments under the Resource Management Act - regional policy statements follow after national policy statements but before regional and district plans. Regional and district plans must give effect to the Regional Policy Statement. In addition, under section 104(1) of the Resource Management Act, a consent authority considering a resource consent must have regard to any relevant regional policy statement.

3.3       OTHER STATUTES
The Taranaki Regional Council and the region's three territorial authorities may take action under other statutes to give effect to objectives and policies contained in the Regional Policy Statement. These include:

  • Local Government Act 2002 and Local Government Act 1974 (where it remains in force): Establishes functions, powers and procedures for local government.
  • Biosecurity Act 1993: Provides for the exclusion, eradication and effective management of pests and unwanted organisms.
  • Public Works Act 1981: Provides for acquisition and use of land for public works.
  • Building Act 2004: Provides for the regulation of building work, the establishment of a licensing regime for building practitioners, and the setting of performance standards for buildings.
  • Civil Defence Emergency Management Act 2002: Establishes national, regional and local functions and responsibilities in relation to civil defence emergencies including the preparation of regional and district civil defence plans and to provide for restoration and rehabilitation.
  • Reserves Act 1977: Establishes powers and responsibilities relating to the acquisition, classification and management of reserves for recreational, historic, scenic, nature, scientific or other purposes.
  • Health Act 1956: Provides for the protection, promotion and conservation of public health, including public health matters relating to water supply, sanitary works, buildings and offensive trades. The Act provides wide powers to local authorities particularly territorial authorities, to control nuisances as defined in the Act.
  • Hazardous Substances and New Organisms Act 1996: Provides for the protection of the environment, and the health and safety of people and communities, by preventing or managing the adverse effects of hazardous substances and new organisms. This Act, amongst other things, regulates the handling, labelling, storage and use of hazardous substances.
  • Forest and Rural Fires Act 1977: Provides for the safeguarding of life and property related to fire in forests and rural areas. Territorial authorities promote and carry out fire control measures as fire authorities.
  • Soil Conservation and Rivers Control Act 1941: Provides powers for regional councils as catchment boards to promote soil conservation, the prevention and mitigation of soil erosion, the prevention of damage by floods and the use of land in a manner that will help achieve these purposes.
  • Land Drainage Act 1908: Provides for the establishment of drainage districts and boards and for powers of local authorities in relation to cleaning, repairing and maintaining watercourses and drains. Powers are provided to order the removal of obstructions from watercourses or drains where an obstruction is likely to cause damage to property.
  • Land Transport Management Act 2003: The purpose of the Act is to contribute to achieving an affordable, integrated, safe, responsive and sustainable land transport system. The Act provides for the preparation of regional land transport programmes by regional councils and national land transport programmes by the New Zealand Transport Agency and for the preparartion of regional and national land transport strategies.
  • Maritime Transport Act 1994: Provides for international, national, regional and site-specific planning and responses to protect the marine environment from marine oil spills.

Many other Acts are relevant to the achievement of integrated resource management in Taranaki. These include the following:

  • Conservation Act 1987: Promotes the conservation of natural and historic resources and establishes the Department of Conservation. The Act provides for the acquisition and management of conservation areas, protected areas and stewardship areas.
  • National Parks Act 1980: Provides for the administration and management of national parks by the New Zealand Conservation Authority and conservation boards and for the maintenance of national parks in their natural state and the preservation of indigenous plants and animals within national parks.
  • Forests Act 1949: Covers the promotion of sustainable forest management of indigenous forest land. The Act controls the harvesting of indigenous forests for timber production and the export of indigenous forest produce.
  • Foreshore and Seabed Act 2004: Provides for the protection by the Crown of the public foreshore and seabed on behalf of all the people of New Zealand, including the protection of the association of whanau, hapu, and iwi with areas of the public foreshore and seabed.
  • Wildlife Act 1953: Provides for the protection of all native mammals, most native birds, reptiles and amphibians, and some terrestrial invertebrates.
  • Wild Animal Control Act 1977: Deals with the control of harmful species of introduced wild animals and the regulation of commercial and recreational hunters.
  • Historic Places Act 1993: Establishes the Historic Places Trust and promotes the identification, protection, preservation and conservation of the historic and cultural heritage of New Zealand.
  • Marine Reserves Act 1971: Provides for the establishment and management of areas of the sea and foreshore as marine reserves for the purpose of preserving them in their natural state as the habitat of marine life for scientific study.
  • Fisheries Act 1983: Provides for the conservation and management of fisheries and fisheries resources in New Zealand's territorial sea and exclusive economic zone.
  • Queen Elizabeth II National Trust Act 1977: Establishes the Queen Elizabeth II National Trust to provide, preserve, protect or enhance land or water with aesthetic, cultural, recreational, scenic, scientific or social interest or value.
  • Energy Efficiency and Conservation Act 2001: Establishes the Energy Efficiency and Conservation Authority to promote energy efficiency, energy conservation and renewable energy within the context of a sustainable energy future.
  • New Zealand Walkways Act 1990: Provides for the establishment of walking tracks over public and private land for recreation and enjoyment.
  • Treaty settlement legislation: The Ngati Ruanui Claims Settlement Act 2003, the Ngati Tama Claims Settlement Act 2003, the Ngaa Rauru Kiitahi Claims Settlement Act 2005 and the Ngati Mutunga Claims Settlement Act 2006 have been passed to settle historic Treaty of Waitangi claims. These statutes contain statutory acknowledgements for areas of particular cultural, spiritual, historical and traditional association to those iwi. The settlement legislation requires information on statutory acknowledgements to be included in the Regional Policy Statement. The Crown is also processing Treaty of Waitangi settlements with other Taranaki iwi.

Where appropriate, the Regional Policy Statement makes reference to actions that may be undertaken under other legislation to achieve the purpose of either the Resource Management Act or this Regional Policy Statement.

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3.4       THE REGIONAL POLICY STATEMENT FOR TARANAKI

3.4.1    PURPOSE AND CONTENT
The Resource Management Act requires each regional council to have in place, a regional policy statement for its region.

The purpose of a regional policy statement, as prescribed in section 59 of the Resource Management Act, is "...to achieve the purpose of the Act by providing an overview of the resource management issues of the region and policies and methods to achieve integrated management of the natural and physical resources of the whole region".

The Resource Management Act also sets out what regional policy statements must include. Under section 62 of the Act, a regional policy statement must state:

(a)        the significant resource management issues for the region

(b)        the resource management issues of significance to:

(i)         iwi authorities in the region; and

(ii)        the board of a foreshore and seabed reserve, to the extent that those issues relate to that reserve;

(c)        the objectives sought to be achieved by the statement;

(d)        the policies for those issues and objectives and an explanation of those policies;

(e)        the methods (excluding rules) used, or to be used, to implement the policies;

(f)         the principal reasons for adopting the objectives, policies, and methods of implementation set out in the statement;

(g)        the environmental results anticipated from implementation of those policies and methods;

(h)        the processes to be used to deal with issues that cross local authority boundaries, and issues between territorial authorities or between regions;

(i)         the local authority responsible in the whole or any part of the region for specifying the objectives, policies, and methods for the control of the use of land-

(i)         to avoid or mitigate natural hazards or any group of hazards; and

(ii)        to prevent or mitigate the adverse effects of the storage, use, disposal, or transportation of hazardous substances; and

(iii)       to maintain indigenous biological diversity;

(j)         the procedures used to monitor the efficiency and effectiveness of the policies or methods contained in the statement; and

(k)        any other information required for the purpose of the regional council's functions, powers, and duties under this Act.

The Regional Policy Statement (and regional and district plans) must also include information on statutory acknowledgements contained in Treaty of Waitangi settlement acts.

3.4.2    METHODS OF IMPLEMENTATION
For each of the issues identified in Parts B and C (sections 4 to 16) of the Regional Policy Statement, a range of methods of implementation of the objectives and policies has been adopted having regard to their efficiency and effectiveness. The main types of methods are categorised under the following nine headings:

  • advocacy - persuading others to act
  • facilitation - bringing various parties together to carry out an activity or address an issue
  • education and communication - providing information, advice or training
  • voluntary agreements - reaching agreements with various parties to address an issue or supporting agreements developed by those parties themselves (eg, industry codes of practice or accords)
  • financial incentives - making a financial contribution to influence behaviour
  • service provider - carrying out a programme using the Council's own resources
  • regulation - developing and enforcing regional or district rules
  • monitoring - gathering information and reporting on the results of monitoring
  • research - applied research to address any gaps in information.

3.4.3    EFFECT OF THE REGIONAL POLICY STATEMENT
The Regional Policy Statement is a statement of policy for the Taranaki region (as constituted under the Local Government (Taranaki Region) Reorganisation Order 1989). The local authorities comprising the Taranaki region are:

  • the Taranaki Regional Council
  • the territorial authorities of New Plymouth District Council, South Taranaki District Council and the Stratford District Council excluding the part of the Stratford District not within the Taranaki region.

Regional and district policies and plans prepared by these authorities are to give effect to the Regional Policy Statement.

In addition, the Taranaki Regional Council and territorial authorities are required to "...have regard to" relevant policies and objectives in the Regional Policy Statement when considering an application for a resource consent (section 104(1) of the Resource Management Act).

Many of the objectives and policies and associated methods of implementation contained in the Regional Policy Statement confirm existing policies and methods. These have been reviewed, formalised and focused to give effect to the purpose of the Regional Policy Statement and the Resource Management Act.

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3.5       OTHER STATUTORY DOCUMENTS
There are a range of other statutory documents prepared by the Taranaki Regional Council, the region's territorial authorities and other organisations that play an important role in promoting the integrated and sustainable management of Taranaki's natural and physical resources.

3.5.1    REGIONAL PLANS
Since the adoption of the first Regional Policy Statement in 1994, regional and district plans have been prepared and management programmes implemented. The Taranaki Regional Council has prepared four regional plans under the Act. These plans are the Regional Air Quality Plan for Taranaki (1997); the Regional Coastal Plan for Taranaki (1997); Regional Fresh Water Plan for Taranaki (2001) and the Regional Soil Plan for Taranaki (2001). These plans assist in the integrated and sustainable management of the region's natural and physical resources by applying a range of policies and methods to address the issues identified in the plans. They also contain rules that mean that resource consents may be required for activities that affect the resources covered by those particular plans. Rules in the plans may also permit activities with no or only minor environmental effects subject to conditions that aim to prevent or minimise adverse environmental effects.

A summary of the main relevant provisions of each of the regional plans is outlined below:

  • Regional Air Quality Plan for Taranaki: This Plan contains provisions that address the discharge of contaminants to air, including discharges to air from industrial and trade premises and discharges to air of agrichemicals and of contaminants arising from the burning of vegetation on production land and forested land. In addition to rules, the Plan also contains good management practice guidelines for intensive pig or poultry farming, agrichemical spraying and the burning of vegetation.
  • Regional Coastal Plan for Taranaki: This Plan applies to the coastal marine area, which extends from mean high water springs out to 12 nautical miles. The Plan identifies four management areas for the coastal marine area in Taranaki: Area A [Areas of outstanding coastal value], Area B [Estuaries], Area C [Open coast] and Area D [Port Taranaki]. Within these areas the Plan contains rules that address the adverse effects of structures, discharges, the disturbance of or deposits to the foreshore and seabed and reclamations. General rules also apply to all areas.
  • Regional Fresh Water Plan for Taranaki: This Plan contains provisions that address activities involving the use of water. The Plan addresses the taking and use of water, point and diffuse source discharges to land and water, the use of river and lake beds, the construction of bores and wells, land drainage and the protection of wetlands. Rules have been included in the Plan to protect regionally significant wetlands and water levels and flows in rivers with high natural values. The Plan contains good management practice guidelines on the treatment and disposal of agriculture effluent, the spraying of agrichemicals and the construction of groundwater bores and wells.
  • Regional Soil Plan for Taranaki: This Plan contains provisions that address activities impacting on soil conservation. The Plan addresses accelerated erosion and soil health. The use of land is generally permitted under section 9(3) of the Act unless that use contravenes a rule in a plan. Rules in the Plan permit vegetation clearance on erosion prone land, subject to conditions that aim to minimise adverse environmental effects associated with the clearance of vegetation.

3.5.2    DISTRICT PLANS
The New Plymouth, South Taranaki and Stratford district councils are required by the Resource Management Act to prepare a district plan for their respective district. All three territorial authorities have an operative district plan for their district, these being:

  • The New Plymouth District Plan (2005)
  • The Stratford District Plan (1997)
  • The South Taranaki District Plan (2005).

These district plans contain provisions controlling the effects of use, development or protection of land, including subdivision in that district. They will be reviewed and changed over time.

3.5.3    LONG-TERM COUNCIL COMMUNITY PLAN AND ANNUAL PLANS
Under the Local Government Act 2002, the Taranaki Regional Council has prepared its 2009/2019 Long Term Council Community Plan, which sets out the Council's strategic directions and programmes for the next decade. The Plan provides a description of the significant activities that the Council plans to carry out over the next 10 years, the objectives of those activities and their costs.

The Long-term Council Community Plan also identifies seven broad community outcomes for the region. These are:

  • Connected Taranaki - a region that delivers accessible and integrated infrastructure, transport and communications systems, which meet the needs of residents, business and visitors.
  • Prosperous Taranaki - a region that boasts a sustainable, resilient and innovative economy that prospers within the natural and social environments.
  • Secure and healthy Taranaki - a region that provides a safe, healthy and friendly place to live, work or visit.
  • Skilled Taranaki - a region that values and supports learning so that all people can play a full and active role in its social, cultural and economic life.
  • Sustainable Taranaki - a region that appreciates its natural environment and its physical and human resources in planning, delivery and protection.
  • Together Taranaki - a region that is caring and inclusive, works together, and enables people to have a strong and distinctive sense of identity.
  • Vibrant Taranaki - a region that provides high quality and diverse cultural and recreational experiences, and encourages independence and creativity.

Through its activities in the Long-term Council Community Plan and in annual plans, the Taranaki Regional Council identifies how it will contribute towards achieving these community outcomes. Progress towards achieving these outcomes is reported on every three years. The outcomes and the indicators used to measure progress towards their achievement were identified following a joint regional and district council process.

The region's three territorial authorities - the New Plymouth, Stratford and South Taranaki district councils - are also required to prepare long-term council community plans and annual plans, which set out the significant activities that they will undertake to achieve the community outcomes.

3.5.4    OTHER PLANS AND STRATEGIES
Many other plans and strategies prepared by local and central government agencies and other organisations can contribute to the objectives and policies in the Regional Policy Statement. These include pest management strategies, regional marine oil spill response plan, regional and district waste management strategies and plans, reserve management plans, conservation management strategies and plans, the Egmont National Park Management Plan, civil defence emergency management plans, the New Plymouth Coastal Strategy, land transport programmes and asset management plans.

The Taranaki Regional Council must prepare a Regional Land Transport Strategy (RLTS) for the region, under the Land Transport Management Act 2003. The RLTS (incorporating the Council's Regional Passenger Transport Plan) details the region's intentions for land transport and guides development of the land transport system. Its purpose is to contribute to the aim of achieving an affordable, integrated, safe, responsive and sustainable land transport system. The integration of transport and land use and other issues addressed in the RPS is important in promoting the sustainable management of resources and the RLTS is a key document in contributing to this.

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