1.1.1 Council produces many plans and strategies to enable compliance with its legislative responsibilities and to set future directions. The District Plan fits into this framework.
1.1.2 Council's Long Term Council Community Plan (LTCCP) will provide the overall strategic direction for the future of the district. The LTCCP, prepared in conjunction with the community, sets out community outcomes for the district. It focuses on three year cycles, but at the same time, also looks at the long term issues and avenues for financing or delivering those outcomes. The work plans set out in Council's activities are methods of implementation to ensure that the outcomes are met. The LTCCP provides guidance for some of the District Plan objectives and policies.
1.1.3 Council's Long Term Financial Strategy and Treasury Policy are components of the LTCCP and have been developed to ensure prudent, effective, and efficient financial management. These documents relate to all of Council's functions, including resource management responsibilities. The Long Term Financial Strategy provides budgets for the continual development of the District Plan, and for monitoring associated with the Plan.
1.1.4 Another component of the LTCCP, Asset Management Plans describe the management of Council's major assets, such as roading, water supplies, sewerage networks, cemeteries, and landfills. These are linked to the District Plan by way of designations, and form the basis of calculations for financial contributions that may be required from developers.
1.2.1 The District Plan is to be consistent with plans and statutory responsibilities of other authorities and agencies.
1.2.2 The District Plan shall not be inconsistent with any National Policy Statement, the New Zealand Coastal Policy Statement, any water conservation order, the Bay of Plenty Regional Council Regional Policy Statement, any regional plans in regard to any matter of regional significance, or for which Bay of Plenty Regional Council has primary responsibility under the Act. In addition the Council must have regard to any proposed documents prepared by other authorities.
1.2.3 Council must have regard to the following documents:
1.3.1 In achieving the purpose of the Act in relation to managing the use, development and protection of natural and physical resources, the Council is required to take into account, or have regard to, several matters:
"Section 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:
(e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga."
"Section 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 ... "
"Section 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)."
Resource Management Act 1991
1.3.2 In the Opotiki district, the Crown entered into a Treaty with Te Whakatohea, Ngaitai, and Te Whanau a Apanui individually. The development of a working relationship with the Iwi and Hapu of the district is an important component of how Council will meet its responsibility under the Act.
1.3.3 The interpretation of the "Principles of the Treaty" is subject to considerable national debate. The Council intends to work through the principles with Iwi and Hapu to define their meaning in the local context for resource management matters. The Council has initiated a Memorandum of Understanding to be agreed with Iwi and Hapu. Appropriate processes for each iwi or hapu require development to ensure recognition of, or provision for;
1.3.4 Throughout the life of this Plan, Council will continue to work with Iwi, Hapu, or Whanau as appropriate to advance the Memorandum of Understanding and to develop protocols and processes which recognise, support, and encourage the contribution of Maori towards a sustainable future.
1.3.5 The District Council shall develop a working relationship with the Iwi and hapu of the district so as to obtain a mutual respect between the tangata whenua, the district council and the community at large, and to fulfil its responsibilities under the Act.
1.4.1 Public consultation throughout the development of the District Plan has helped the Council to identify a range of issues that need to be addressed in the future environmental management of the District.
1.4.2 The Act has a specific focus on the sustainable management of natural and physical resources, therefore the concerns of the community that are addressed in this document can only be those that relate to sustainable management matters. Where feasible, the Council may consider what action it can take under other legislation either directly or by advocating action by other agencies. All the issues that are directly relevant to this District Plan are included in each Topic or Zone section of this document.
1.4.3 Resource management issues facing the district include:
The district's environment is of a high quality, much of which is in its natural state untouched by development. The environmental quality has the potential to be compromised and deteriorated by adverse effects of land use activities, and through non-indigenous plant and animal species.
The natural character of the coastal environment including the ecologically significant Ohiwa Harbour, includes many important habitats of flora and fauna. These sensitive resources can be adversely affected by land use activities.
Opotiki district has the largest coast line of any territorial authority in the Bay of Plenty. The resident population along the coast is small in comparison to other Bay of Plenty local authorities. The environmental quality of the coast, particularly the Ohiwa Harbour, can be adversely affected by the demand for residential development and through the inadequate provision and supply of services.
Management and protection of this area should reflect its international significance and hence is zoned accordingly. Managing the environs of the harbour and consideration of wider catchment issues is essential in this plan. Policies and rules must be proactive and aimed at protecting the ecological, landscape and amenity values of this key area in perpetuity.
Within the district there are many freshwater courses. The land use activities that adjoin these watercourses can influence the quality of the water. Riparian areas also provide protection tor aquatic habitats, and provide public access to areas.
Key issues in the coastal environment include the sustainable management of Ohiwa Harbour and its surrounds and the management of subdivision, use, and development of coastal margins
Pohutukawa are the essential component of the character of the district's coastline and specific management will be required if areas are to survive in the long term. The protection of pohutukawa as a characteristic of the coast environment is therefore important.
While relatively large areas of indigenous forests remain in the hinterland of the district, only a fraction of original natural ecosystems remain in lowland areas. The current protected areas are not representative of the ecological character of the district and the few remaining natural areas in the lowlands are of high ecological significance and vulnerable. Many of these areas are degraded and this means that enhancement is necessary in many instances. The district also has a number of important landscapes in the district. Land use activities can depreciate these resources either by alteration, modification, or destruction of the flora and fauna habitat, or by alteration to the land that houses the habitat.
The district population is projected to increase by 20% to 11,500 by the year 2021. The location of residential growth areas, and the effects on their surrounding environments need to be considered. The effects of servicing residential activities also requires consideration.
The district is served by a transport network supported by two State Highways. Heavy vehicles can cause damage to the network and this needs to be managed. The transport network needs to be managed so that it is efficient and safe for all who use it.
Potential economic loss and risk to safety arising from flooding could be reduced or mitigated if the actual and potential risks arising from flooding were fully taken into account in the design and establishment of any future development proposals.
1.5.1 This District Plan continues to use zoning as the basic technique for managing the effects of activities, and in particular, for protecting the characteristics of an area. The emphasis of the Act is on managing the adverse effects of activities, wherever the activity may wish to locate. It is believed that zoning will be an effective method in the Opotiki context and will assist in achieving the purpose of the Act.
1.5.2 The main advantages of zones are clarity and certainty for residents and landowners, and simplicity through grouping of common standards. In addition zoning is well understood by most people who will use the plan.
1.5.3 The number of zones in the 1990 District Scheme has been reduced to the smallest number practical. The zones have been imposed over areas which exhibit common characteristics, and have the capacity to absorb similar effects.
1.5.4 The lists of activities within each zone are intended to be generic in nature (i.e providing for activity types or activities that generate similar effects) rather than providing for specific uses. It is not intended to provide for activities only in particular locations but to use the zones to identify the characteristics of neighbourhoods, and the environmental standards which need to be protected. Residents and landowners have expectations of what an appropriate mix of activities is. An example is for industries and support services to be grouped together in industrial areas. This assists in avoiding, remedying, or mitigating the adverse effects on residential areas.
1.5.5 Activities which are specifically identified in one particular zone are not prevented from establishing in another zone. To establish the activity, it will be necessary to consider the characteristics of the locality, the effects of the activity on the characteristics of the area, and the effects of the activity on the environment. Restrictions and controls relate not directly to activities themselves but to the effects which may arise from the activity. In deciding whether to allow such an activity in a different zone, the Council will consider the effects of the activity and the characteristics of the zone in which it is to be established. The activity will be assessed in terms of compliance with the relevant Zone standards, and consistency with objectives and policies of the plan. Activities which are not consistent with objectives and policies for the zone may be more appropriately located in areas where the effects of the proposal can be more readily absorbed, or where they have less impact.
1.6.1 The anticipated environmental outcomes state what the expected outcomes are from the objectives, policies, and methods of the District Plan. The anticipated environmental outcomes are not a restatement of the objectives. They are identifiable desired outcomes and reflect the practical application of the District Plan.
1.6.2 The following anticipated environmental outcomes are for the entire district. These outcomes are a reflection of the implementation of the Plan in its entirety. Each section of the Plan will include anticipated environmental outcomes for each zone or each area of concern. Those stated below are the anticipated environmental outcomes resulting from the combined sections of the Plan.
1.6.3 The following are the anticipated environmental outcomes for the Opotiki district :-
1.7.1 Opotiki District is wholly within the area of the Bay of Plenty Regional Council. In addition, it adjoins two District Councils, Whakatane and Gisborne District. Effective relationships with adjoining Councils are very important. It is the Council's philosophy that duplication of control with the Regional Council should be avoided, where practical, and where overlaps in functions occur these should be managed by close co-operation between the Regional and the District Council.
1.7.2 There are several significant resource management issues to be addressed with adjoining councils:
1.7.3 These issues will be addressed through:
1.7.4 In addition, there are several network utility operators whose functions cross district boundaries. Network utility operators require consistency across district boundaries to ensure efficient use and maintenance of services. Cooperation with adjoining administrations is therefore necessary for coordinated and sustainable service provision.
