Part 1 - Palmerston North City Council

gemconsulting
beaches which specifies that such movement shall be limited to strips not exceeding 3 metres in width. The
proposal involves excavating a channel, of at least 40 metres wide, through the gravel beach to act as a
temporary diversion and will also involve the movement of gravel from the beach in greater than 3 metre
wide strips.
The tied tree works and the removal of vegetation will be carried out in accordance with the standards
within the Environmental Code of Practice for River Works and are therefore considered to be permitted
activities.
The identified non‐compliances with the standards of the Environmental Code of Practice in relation to the
movement of gravel mean that the bulk of the proposal must be considered under other rules within the
One Plan.
Given the proximity of the subject site to Te Motu‐a‐Poutoa it is considered by the MWRC that the subject
site is a Site of Significance – Cultural and that Rule 16‐4 could therefore apply. This view was discussed in a
meeting with representatives from Tanenuiarangi Manawatu Incorporated (TMI) with no alternative view
being raised as to this status.
This rule provides for all of the proposed activities as a Discretionary Activity and states:
Except as prohibited by Rule 16‐1, any of the following activities pursuant to s13(1) RMA within:
…
(b)
Sites of Significance ‐ Aquatic and Sites of Significance ‐ Cultural
(i)
(ii)
and any ancillary:
(i)
(ii)
(iii)
The erection, placement or extension of any structure^ in, on, under or over the bed^,
except for lines, cables and ropeways that are suspended above the water^ and do not
require a support structure^ in, on, over or under the bed^ and except for those activities
regulated by Rule 16‐13
Any excavation, drilling, tunnelling or other disturbance of the bed^, except for
those activities regulated by Rules 16‐6 and 16‐13
damming or diversion of water^ pursuant to s14(2) RMA
discharge^ of water^ or sediment into water^ or onto or into land^ pursuant to ss15(1) or
15(2A) RMA
deposition of substances in or on the bed^ pursuant to s13(1).
It is noted that this Rule does not apply to those activities regulated by Rule 16‐13. Given that the proposal
cannot comply with Rule 16‐13 it could be considered that it is not regulated by the Rule and that Rule 16‐4
is the appropriate rule to apply thereby giving it a discretionary status. An alternative view could be that
the proposed activities are regulated by Rule 16‐13 and because they do not comply with the
Conditions/Standards/Terms under that rule the proposal is considered a discretionary activity under Rule
16‐20 being the default rule for all activities not otherwise complying with permitted, controlled or
restricted discretionary activity rules within Chapter 16 of the Plan.
In any case, the activity is considered to be a Discretionary Activity under the Proposed One Plan.
5.1.3 Summary of Activity Status
The proposal is considered to be a Discretionary Activity under both the Regional Plan for Beds of Lakes and
Rivers and the Proposed One Plan.
11