10.1.1 Subdivision is a means of creating areas
of land or parts of buildings which are separately identifiable and
which may then be sold, leased or otherwise passed to a different
ownership. Control of subdivision of land is one of the functions
of Council, under Section 31 of the Act.
10.1.2 There is a general expectation that a
house may be built on a parcel of land, particularly following
subdivision. This attitude has been encouraged by District Plan
controls that have allowed one house per lot as permitted
activities. This has strengthened the perceived link between
subdivision and the automatic right to build a house. However this
assumption is not necessarily correct in every case. Subdivision
occurs throughout the district, where each of the zones has
subdivision standards. These standards assist in ensuring that the
quality of the zone environment is maintained.
10.1.3 The focus of the Act is on sustainable
management and the effects of activities on the environment.
Subdivision may not have direct effects but often allows a more
intensive form of development to take place. It is important to
ensure that subdivision will be sustainable, in terms of the
effects on natural and physical resources, the demand for services
such as water supply, sewage disposal, traffic generation, effects
on the amenity values of the area, effects on the life-supporting
capacity of versatile soils, and on the quality of the
10.1.4 Subdivisions are designed to the minimum
standards set. It is the intention of this Plan to establish an
approach to subdivision that will facilitate sustainable land uses,
while retaining flexibility in controls.
10.1.5 Section 11 of the Resource Management
Act 1991 exempts from that Act any subdivision of Maori land apart
from where Te Ture Whenua Maori Act/Maori Land Act 1993 so
provides. Section 301(2) provides for partitions to be treated as
subdivisions as per the Resource Management Act only where a
partition of land into parcels occurs by persons who are not
members of the same hapu. Therefore, a partition into parcels to be
held by Members of the same hapu is exempt from the subdivision
requirements of the Resource Management Act 1991. The process for
allocation and 'subdivision' of Maori land is administered by the
Maori Land Court, and not by Council.
10.2.1. Resource management issues
1. Subdivision may lead to a pattern or intensity of development
that is unsustainable in the long term, such as:
i. Development may have adverse visual effects upon the visual
character of the environment.
ii. Demands for services by the community or developer that may
financially and environmentally be unsustainable by the community
in the long term; any servicing of subdivisions will need to be
undertaken in a logical strategic manner at the beginning of the
iii. Levels of effluent or stormwater may be above the capacity
of the soils to absorb without impact on adjoining properties and
waterways or wetlands.
iv. The volume of traffic on roads may increase beyond levels of
safety or acceptable noise and dust levels.
v. If the land is subject to natural hazards, subdivision may
lead to increased exposure of people and assets to the hazard.
2. Subdivision may compromise the amenity values and the quality
of the environment in which the subdivision takes place.
3. The subdivision of land for lifestyle lots can have the
potential to adversely affect the character of the surrounding
4. Coastal and riparian areas need to be protected where
appropriate to maintain landscape values, amenity values, and
important flora and fauna habitats.
5. The subdivision of land is an opportune time to protect sites
of cultural, ecological, scientific, or historical value.
6. Subdivision in some instances, can compromise the working
rural environment as more sensitive land uses locate adjacent to,
or near, non-residential activities.
7. New subdivisions may result in an increase in the number of
cats and dogs, these can adversely impact on rare and threatened
species, and on areas of high wildlife values.
8. The subdivision of land can have an adverse cumulative effect
on the clearance of indigenous vegetation.
9. The adverse effects of subdivision on the function and
capacity of roads.
10. The demand for property access, both existing and future,
can adversely affect the safe and efficient operation of State
11. The versatility of the district's soils has the potential to
be degraded and fragmented as a result of unnecessary and
10.2.2 Objectives and policies
Objective 1. Subdivision activity within the district that
assists in maintaining the quality of the district's environment,
and the district's natural and physical resources.
Policies 1.1 To manage the effects of
development in new locations so that services and roads associated
with the subdivision are provided or upgraded to an appropriate
standard for use, where this standard is consistent across the
district (see also the financial contributions requirements of
1.2 To ensure unimpeded and safe access to
sites by controlling the width and location of site access and
manoeuvring distances for traffic movement.
1.3 To acquire esplanade strips or esplanade
reserves, where appropriate, at the time of the subdivision of
1.4 To avoid, remedy, or mitigate the adverse
effects of subdivision and other land uses on ecological,
landscape, heritage and cultural values.
1.5 To ensure that the fragmentation and
degradation of the district's soils, particularly versatile soils,
Objective 2. To facilitate the establishment of lots appropriate
to the qualities and characteristics of the district's zones.
Policies 2.1 Ensure lots have an appropriate
intensity and character that is consistent with the surrounding
2.2 To impose conditions of consent under
Sections 108, 220 and 221 of the Act to ensure the objectives,
policies and rules of the District Plan are complied with.
2.3 To avoid subdivision of land that could
result in the modification or destruction of significant natural
and cultural heritage features.
Objective 3. Subdivision of land in a manner that does
not adversely affect the function or capacity of roads within the
Policy 3.1 Subdivisions should be designed so
as to be able to be compatible with the access requirements and
traffic function of the roads from which access is to be
Objective 4. Safe and efficient State Highways that are
not adversely affected by property access.
Policies 4.1 To ensure safe access to and from
State Highways by requiring accesses to be constructed to a design
standard that is appropriate for their intended use.
4.2 To maintain and enhance the efficiency of
State Highways by ensuring property accesses are spaced,
constructed and used in a manner which does not significantly
disrupt traffic flows.
10.2.3 Methods of implementation
The objectives and policies of this section will be implemented
by the following method.
The Zones of the District Plan contain rules relating to
subdivision within each Zone. The rules classify subdivision as
either a controlled activity or discretionary
10.3.1 Permitted activities
There are no permitted activities with respect to subdivision in
the District Plan.
10.3.2 Controlled activities
The subdivision activities that are controlled activities are
stated in the following sections of the District Plan:
Section 12 Town Centre Zone 12.5.1
Section 13 Residential Zone 13.5.1
Section 14 Mixed Activity Zone 14.5.1
Section 15 Industrial Zone 15.5.1
Section 16 Rural Zone 16.5.1
Section 17 Coastal Zone 17.5.1
Section 18 Coastal Residential Zone 18.5.1
Section 19 Ohiwa Harbour Zone 19.5.1
Council has reserved control over the following matters:
10.3.2.1 Protection of cultural,
historical, ecological or archaeological sites and values
i. The need for protection of cultural, historical, ecological,
or archaeological sites.
ii. The use of legal mechanisms to protect cultural, historical,
ecological, or archaeological sites.
iii. The protection of notable trees, and the attachment of
legal mechanisms to protect trees.
10.3.2.2 Protection of water bodies, their
margins, and landscape features
i. Mechanisms used to protect water bodies and their margins by
the use of esplanade reserve, esplanade strip, and riparian
ii. Mechanisms used to protect outstanding natural features and
10.3.2.3 Provision of services onto
i. The provision of services; water, telephone, and electricity,
onto lots created by subdivisions.
ii. Connection of on-site services to Council supplied
iii. Management of stormwater effects that may be associated
with the subdivision.
iv. Potential for co-location of services within the
v. Potential for undergrounding of water, telephone, and
electricity within a subdivision.
vi. Ability of any subdivided lot to adequately manage effluent
vii. Installation of water meters, where these are needed.
viii. Provision of access to the site, and access within the
ix. Requirements for the formation of access, and specifications
for access points to State Highways.
10.3.2.4 Stability of the site and
susceptibility of the site to natural hazards
i. The requirements for an engineers report or a geotechnical
report of the site.
ii. The location of sites for dwellings and buildings away from
areas of instability.
iii. The requirement for a natural hazard report indicating
susceptibility of the site to natural hazard events.
10.3.2.5 Financial contributions
i. The requirement of a financial contribution for reserve
ii. The requirement of a financial contribution for additional
loadings placed on Council services.
iii. The requirement of a financial contribution to offset the
adverse effects of activities on the environment.
10.3.2.6 Management of effects of exotic
plant and animal species, so that:
i. Stock, deer or goats will not threaten the maintenance or
restoration of the indigenous vegetation resource.
ii. There will be no increase in predation or disturbance of
flighted birds or ground nesting birds from predatory cats, dogs or
iii. Threats to maintaining the resource from existing plant
pests will be managed, and the introduction of additional pest
iv. Provision is made to maintain or restore the habitat value
of the open watercourse, for indigenous species, including native
plants, invertebrates, eels and fish.
Council may impose conditions on a subdivision consent for a
controlled activity only in relation to the matters stated
10.3.3 Discretionary activities
The subdivision activities that are discretionary activities are
stated in the following sections of the District Plan:
Section 12 Town Centre Zone 12.5.2
Section 13 Residential Zone 13.5.2
Section 14 Mixed Activity Zone 14.5.2
Section 15 Industrial Zone 15.5.2
Section 16 Rural Zone 16.5.2
Section 17 Coastal Zone 17.5.2
Section 18 Coastal Residential Zone 18.5.2
Section 19 Ohiwa Harbour Zone 19.5.2
Specific subdivision standards for each Zone of the district
are stated in Section 12 to Section 19 of the District
10.3.3.1 The matters that Council shall have
particular regard to when assessing an application shall include,
but not be limited to, the following:
i. Provision for riparian management and habitat
ii. Mechanisms used to avoid, remedy, or mitigate adverse
effects on habitats of ground nesting birds.
iii. Protection of areas of ecological value.
iv. Provision for exclusion of stock from areas, this may
v. Effects on public access and recreation opportunities.
vi. Need for establishment of esplanade reserves, or strips, or
other protection for water-body margins.
vii. Effects on the ecological and visual values of the
viii. Potential effects on the landscape values of the site.
ix. The impacts on archaeological integrity or values of the
x. Extent to which the proposal has regard to Maori values,
particularly any traditional, cultural or spiritual aspect relating
to the land.
xi. The pattern of subdivision and how it relates to the
environmental outcomes for the Zone.
xii. Management of existing plant and animal pests, including
methods used to avoid, remedy, or mitigate the adverse effects of
noxious weed species.
10.3.4 Non-complying subdivisions
Subdivisions shall be deemed to be a non-complying activity
where the person carrying out the activity knows or should
reasonably have known that the land to be subdivided contains or is
adjacent to habitats of indigenous ground nesting birds. Indigenous
ground nesting birds include kiwi, weka, bittern, fernbird,
dotterel and indigenous crakes, rails and waterfowl.
Agencies that may be able to assist in determining whether
areas contain indigenous ground nesting birds include the
Department of Conservation and the Ornithological Society.
The following are standards that are applicable to all
10.4.1 General subdivision rule
The rules in this section of the plan are standards and terms
which apply to every subdivision whether it is a controlled
activity or a discretionary activity.
10.4.2 Form of land subdivision
Subdivisions shall be planned, designed, and constructed to
minimise the effects of subdivisional development on the natural
environment, and to preserve features of high environmental quality
and amenity value for the enjoyment of the community.
Where part of the land being subdivided is required for street
widening or for other street purposes or for public reserves, the
subdivision shall be designed as though such land had been
dedicated prior to the time of subdivision.
10.4.3 Engineering standards
All subdivisions shall be designed to comply with Council's
standards for subdivision. These standards are contained in the
Code of Practice - Subdivision and Development, which is available
from the Opotiki District Council.
10.4.4 Existing buildings
Any plan of subdivision on which there are existing buildings
shall be so arranged that the buildings will conform to the
standards for the particular Zone.
The Council may grant a consent as a discretionary activity for
a subdivision subject to a condition that the buildings are removed
or modified so that they comply with the rules of the Plan.
10.4.5 Land stability
Every lot or building platform within a subdivision shall be
capable of supporting a foundation suitable for any approved
activity free from inundation, erosion, subsidence, and slippage.
Reports from persons qualified in geotechnical matters may be
requested to satisfy Council that compliance can be achieved. In
accordance with Section 106 of the Act Council can decline a
subdivision consent application where it considers the land to be
unsuitable for subdivision.
10.4.6 Subdivision adjoining State
The subdivision of land adjoining a State highway requires the
comments of Transit New Zealand and may be subject to conditions
relating to access to State Highways. The subdivision will not be
processed until Transit New Zealand comments are received. Vehicle
crossings and intersections onto State Highways are stated in
10.4.7 Water, Stormwater and Sewage
All subdivisions shall be planned, designed, and constructed so
1. Protect and to preserve existing natural drainage channels,
2. Provide a system where water within the subdivision will be
managed, where potential adverse effects on natural water courses,
and adjoining properties are avoided, remedied, or mitigated.
3. Ensure that water drained from the subdivision is
substantially free of contaminants, including sedimentary
materials, of any greater quantity than would occur in the absence
of subdivision or development.
4. Ensure that waters are drained from the subdivision in a
manner that will not cause erosion or flooding outside the
subdivision to any greater extent than would occur in the absence
of subdivision or development, or provide mitigation measures
appropriate to the circumstances.
5. Provide a system for sewage treatment and disposal to comply
with the requirements of the Bay of Plenty Regional Council On-site
Effluent Treatment Regional Plan, or connect to a reticulated
6. Provide where possible and practicable a supply of adequately
reticulated potable water to each allotment.
7. Ensure that natural wetland areas are protected within the
10.4.8 Underground services
Where appropriate, in relation to any subdivision of land
involving the construction of a new street or the extension of an
existing street, financial provision shall be made for the
underground reticulation of all electric, telephone and gas
services to the land in the subdivision, except where Council can
be satisfied that less adverse effects will result.
The location, installation and maintenance of electric power and
telephone lines and related facilities shall be carried out with
the minimum disturbance of soil and vegetation as possible.
10.4.9 Financial contributions
The financial contributions payable by the subdivider or
developer are stated in Section 11 of the District
10.4.10 Esplanade reserves
Esplanade reserves required at the time of subdivision are
stated in Section 5.3.1of the District Plan.
10.4.11 Stock crossings
Where a subdivision of a dairy farm is divided by a public road
the following works shall be undertaken:
i. For dairy farms units located on roads with a vehicle count
of at least 200 vehicle movements per day, the construction of a
stock underpass that complies with Council's engineering standards
for 'Road Box Culvert'.
ii. For dairy farm units located on roads with a vehicle count
of less than 200 vehicle movements per day, the construction of a
concrete crossing shall be placed over the road crossing used by
stock, this shall be constructed in accordance with Council's
engineering standards for 'Typical Concrete Crossing.'
10.4.12 Subdivision in relation to high voltage
electricity transmission lines
i. The extent to which the subdivision design mitigates the
effects of the lines through the location of roads and reserves
under the route of the line; and
ii. The ability to undertake maintenance and inspection of
transmission lines to avoid risk of injury and/or property damage;
iii. The extent to which potential adverse visual impact is
mitigated through the location of the building platforms; and
iv. The outcomes of consultation with the affected utility
v. Consider the relevant New Zealand Standards.
Compliance with the New Zealand Electrical Code of Practice of
Electrical Safety Distances (NZECP : 34 1993) is required.
10.4.13 Protection and fencing of
Where a subdivision contains a wetland of significance or area
of indigenous vegetation of significance the area shall be
protected by way of a legal mechanism and measures taken to ensure
that stock does not enter. The following criteria will be
considered when assessing the significance of sites or areas of
indigenous vegetation and habitat:
ii. Diversity and pattern.
iv. Rarity and distinctiveness.
v. Long term viability.
vi. Buffering and connectivity.
vii. Importance for breeding, feeding, roosting, or loafing
areas for indigenous fauna on a regular or annual basis.
viii. Importance of contribution to the habitat requirements of
rare, vulnerable and endangered indigenous flora or fauna.
10.4.14 Management of noxious
No new noxious plants, as identified in the Operative Bay of
Plenty Regional Pest Management Strategy, shall be introduced to
any parcel of land. Where noxious plants, as identified in the
Operative Bay of Plenty Regional Pest Management Strategy exist in
an area to be subdivided, then a management plan for their
management or eradication shall be developed.
The subdivision standards are stated in each of the Zone
sections of the Plan.
There are no other methods. The objectives and policies of this
section are implemented by the rules of this section and of the
Zones, Sections 12 to 19, of the
10.7.1 The reasons for the foregoing
objectives, policies and methods are stated below.
10.7.2 The primary purpose of subdivision is to
create parcels of land to be held in separate titles, thus
facilitating more intensive development of land areas concerned.
Council has a responsibility to ensure that the lots being created
are suitable for their intended purpose. Subdivision should take
account of the physical characteristics of the land and the
servicing needs of likely future activities.
10.7.3 Subdivision often results in the
extension or up-grading of Council owned and operated services such
as roads, reserves, sewerage, and water supply. Where these are to
be handed over to Council following subdivision they need to be
developed to a consistent standard. Other public utilities should
be available to new lots to ensure adequate service needs are
10.7.4 More intensive development of land which
often follows subdivision also has potential to impact on the
environment. Where it is appropriate Council will use the consent
process to provide protection to natural values or features of
significance to the community.
Resource consents from Bay of Plenty Regional Council may also
be required before new land uses can be established on subdivided
land, such as consents for earthworks, on-site effluent treatment
(i.e. septic tanks) and stream crossings. Applicants should refer
to the various regional plans for details, and consult Bay of
Plenty Regional Council if in doubt.
10.8.1 The environmental outcomes anticipated
from the implementation of the objectives and policies of this
[ Previous | Next ]