Regulatory Committee Agenda - Waipa District Council

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defines the Waikato River as: "-The Waikato River and its catchments, including all
water courses, tributaries and streams, flowing into the River''.
15.5 The Settlement Act will work in conjunction with the RMA and a number of other
statutes, to provide direction for planning documents created under the RMA to
protect the health and wellbeing of the Waikato River for future generations. The
Settlement Act addresses a number of issues related to the Waikato River such as,
redress for certain assets, the regulation of customary activities, and the
management of the Waikato River. Although more planning documents will be
created in relation to the regulation of the Waikato River, the vision and strategy will
provide the overarching direction. The Settlement Act provides for a single cogovernance
entity to set the agenda for the health and wellbeing of the Waikato
River for future generations.
15.6 The site is not located near any water bodies and any future wastewater or
stormwater systems will be required to be designed by a suitability qualified engineer
and approved by Council. This will ensure that these systems are suitable for the
location and do not give rise to effects on any water bodies therefore giving effect to
the directions and outcomes in the Waikato River Vision and Strategy.
16. PART 2- PURPOSE AND PRINCIPALS OF THE RESOURCE
MANAGEMENT ACT
16.1 Section 104 of the RMA is subject to Part 2, the purpose and principles of the RMA.
This part of the report examines the purposes and principles as set out in sections 5,
6, 7 and 8. All of the section 104 analysis conducted in the previous parts of this
report is subject to the relevant matters in these sections.
16.2 Section S requires an overall broad judgement of whether or not a proposal
promotes the sustainable management of natural and physical resources. In making
such a judgement, it is necessary to compare conflicting considerations and the scale
or degree of those conflicting considerations and their relative significance to the
final outcome.
16.3 Sections 6, 7 and 8 are the other sections in Part 2 of the RMA, and their function is
to inform and assist the purpose ofthe RMA in sectionS. These subsequent sections
should be approached as factors in the overall balancing exercise to be conducted in
reaching a broad conclusion under Part 2.
Section 8
16.4 The RMA requires that those making decisions under the RMA must take into
account the principles of the Treaty of Waitangi. The requirements to take into
account the principles of the Treaty of Waitangi means that those with statutory
functions under the Act should be informed of, and actively consider, the concerns
and needs oftangata whenua.
16.5 Section 8 has been characterised as the clause which recognises the relationship of
tangata whenua with natural and physical resources and encourages active
Report to Regulatory Ct111mlttee MeeUna- (19 Novwmber 2012)
Thomton Ridge Trust
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