Outstanding natural features and landscapes, natural heritage,
3.1 Section Introduction
3.1.1 The district has an abundance of natural features,
landscapes and areas of indigenous flora and fauna. While the sites
are scattered throughout the district there has been historic and
continuing loss of indigenous vegetation and indigenous habitats,
often exacerbated by land use practices and adverse plant and
animal pests. The District Plan acknowledges that historical land
use patterns have contributed to a reduction in the number of areas
of vegetation and habitat significance. The Plan also acknowledges
that in some areas there has been concerted efforts made by land
owners to protect and manage resources so that they are available
for future use and enjoyment.As there has been historic loss of
habitats, vegetation, and wetlands, there is opportunity now for
restoration and enhancement to curb the biodiversity loss in the
3.1.2 As a result of the inequities in geographic spread of
natural heritage in New Zealand the Opotiki district has a high
proportion of areas that require protection. It is important to
recognise that there are constraints to the management and
protection of natural features, landscapes, and areas of indigenous
flora and fauna. The objectives and policies of this section
reflect community aspirations, statutory requirements, and
constraints for the management of the district's natural
3.1.3 Outstanding natural features and landscapes
Landscapes and habitats are a significant natural resource of
the Opotiki district. The district has a number of important
natural features and a number of important habitats that are housed
within the district landscape. The habitats and landscapes of the
district contribute to soil conservation and the protection of
water bodies. They sustain life through their roles in the cycling
of nutrients, oxygen, carbon, and other chemicals. The management
of the effects of land use activities on landscapes and habitats is
a matter that the District Plan must address. In terms of natural
features and landscapes the district comprises many different
landscapes, the most noticeable being the coastal landscape of the
3.1.4 The district's coastal landscape has many values. These
Uses of the coastal environment need to be carefully managed to
ensure that the natural character and ecological values of the
coastal environment are not adversely affected. The coastal
landscape has some important landforms that have been identified by
numerous studies done in the area.
3.1.5 The Ohiwa Harbour is an important area prized for its
landscape and conservation values, comprising spits, harbour
beaches, estuarine areas, hills, flats, headlands, and streams. The
Harbour's wetlands also have very high values having been
recommended for international recognition and protection. The land
areas and land uses surrounding the harbour are an integral part of
the harbour in that they have a positive and negative impact on the
landscape and ecological values of the harbour. Integrated
management of the harbour and its surrounds is essential to ensure
that the internationally significant values of the harbour are
preserved. The beach front along Waiotahi and the pohutukawa trees
and 'tunnels' are other identifiable natural features associated
with the coastal environment. Much of the coast line of the
district can be described as sandy beaches or rocky shores which
offer habitats to many bird species, both indigenous and
introduced, and also provide habitats for whitebait and eel.
3.1.6 The other landscapes of the district include headlands and
peninsulas, scarps and cliffs, rocky coast lines, bays, wetlands,
dunelands and spits, outwash plains, estuaries and harbours, and
areas of native vegetation, and very steep densely forested valley
sides and narrow ridges. Most of the dunes and wetland areas are
associated with the coast, with the wetlands also being related to
the area where the sea and major river networks meet. The pastoral
landscape of the district comprises the farmed areas of Kutarere,
Waiotahi, Waioeka Pa, Opotiki, Tablelands, Otara, Torere, Waihau,
and Whangaparaoa. There are also areas of pasture lands located
further east on land that adjoins the coast.
3.1.7 There are many major river systems that bisect the
district, including small and large rivers valued for their
recreation, conservation, and scenic worth. The Motu River network
that flows within the Opotiki district, does so within areas
largely covered by indigenous vegetation. The Motu River from Motu
Falls to the State Highway 35 bridge, has a National Water
Conservation Order placed on it. The Waioeka Gorge is also of high
scenic and landscape value. The land that adjoins the gorge is of
'high' or 'exceptional' botanical value. The majority of this land
within the Opotiki district remains covered in indigenous
vegetation. This includes the Waioeka Gorge Scenic Reserve and the
Urutawa Conservation Area. The Haparapara River is of ecological
importance within the district and region, as it is one of the few
rivers of the area that remains free of introduced fresh water
3.1.8 The majority of the district comprises very steep and
rugged hinterland country. A large percentage of this land is
administered by the Department of Conservation. This includes the
portions of the Te Urewera Conservation Park, the Raukumara
Conservation Park, and the Waioeka Scenic Reserve. There are a
number of Nga Whenua Rahui reserves in the district managed jointly
by Maori Trustees and the Department of Conservation.
3.1.9 Indigenous vegetation, and habitats of indigenous
There are a number of lowland and coastal wetlands within the
district. Those that do exist are significantly reduced through
historic, and some current, land use practices. There has been
almost total loss of lowland and coastal wetlands on a national
level. Many in this district have the potential to be protected and
Many introduced plant and animal species can threaten natural
ecosystems. Introduced species can adversely affect natural
ecosystems, decrease biodiversity in areas, and can degrade the
natural character of environments. Introduced species compete with
indigenous species for space and nutrients, often to the detriment
of indigenous flora and fauna.
3.1.10 Linked to the natural features and landscapes of the area
are numerous habitats within the district. The district has an
abundance of flora and fauna species that are important in terms of
their botanical, scientific, ecological, and cultural value. The
district is home to a number of rare species including short and
long tailed bats and Hochstetters frog. Those examples of
indigenous vegetation that exist are a small portion of the
biodiversity resource that the district possessed. There is a lack
of protected indigenous vegetation and habitats in all but the
hinterland of the district. Within the freshwater water bodies of
the district there are known habitats for indigenous fish species
such as the giant and short jawed kokopu. The Waiotahi and Waioeka
Rivers are regionally important trout fisheries.
3.1.11 There are a number of native bird species that reside in
the district including kokako, pukeko, North Island robin, kaka,
kiwi, weka, parakeets, falcon, and whio (blue duck). The coastal
areas of the district provide habitats for less common coastal and
wading birds. These include New Zealand dotterels, caspian tern,
reef heron, banded rail, spotless crake, fernbird, bittern, and the
occasional white heron. Many of these species mentioned are
nationally threatened, uncommon, or of limited geographic
3.1.12 Within the district there are many representative
examples of indigenous vegetation predominantly in the district
hinterlands. In other areas there are a small number of largely
unprotected remnants. This includes small enclaves of vegetation
highly susceptible to the effects of adjoining activities, coastal
to inland vegetation sequences, and large tracts of intact
indigenous forest areas. To provide for the protection of
representative areas will not necessarily protect our biodiversity
resource. There is a need to establish wildlife corridors, and to
protect areas containing threatened or localised plant and animal
species. The Council has commissioned a Natural Heritage Study that
documents areas of indigenous vegetation . This study has been
undertaken in consultation with the people and communities of the
Opotiki district. Careful management of the indigenous vegetation
and continuous consultation with landowners is required to ensure
sustainable management. Indigenous riparian vegetation is of
importance in the district for its intrinsic, amenity, aquatic
habitat protection, indigenous habitat, and natural character
values. There is a need to protect and enhance remaining areas of
indigenous riparian vegetation particularly in the lowland areas of
3.1.13 The vegetation of the district includes coastal forests
featuring kohekohe, puriri, karaka, tawa, tawaroa, whau, mangeao,
and taraire; semi-coastal podocarp forests are also apparent and
consist of rimu, rata, tawa, kamahi, puriri, and rewarewa. Within
the district a historic puriri tree, Taketakerau, is located at
Hukutaia domain. The tree is estimated to be over 2,000 years old
and is of significant ecological, historical, and cultural
importance. The pohutukawa is an important vegetation component of
the district and the pohutukawa 'tunnels' along the Waiotahi beach
front are an obvious feature example. There are also many examples
of pohutukawa, individuals and groups, scattered along the coastal
margin. Pohutukawa are a distinctive component of the natural
character of the district's environment. Within the pastoralscape
of the district there are remnants of indigenous vegetation that
have been protected through the good management of landowners. Some
of these remnants remain highly susceptible to the effects of
adjoining activities and need protection methods to ensure their
3.1.14 Riparian management
Riparian management areas are those areas of land that are
adjacent to streams, rivers, wetlands, and lakes. Activities
undertaken within these areas have a direct impact on the land and
water interface. Riparian areas assist in reducing sedimentation
and discharge effects into water bodies. They are a method for
addressing Section 6(c) matters, and assist in protecting
ecosystems and ecological processes. The Regional Council has
responsibility for the management of water quality, while the
District Council has the responsibility of managing the effects of
activities undertaken on land. This includes activities undertaken
in riparian management areas.
3.1.15 Riparian areas serve a number of functions including
water management, access, landscape, and habitat management
functions. They assist in improving stream conditions through
stabilising stream banks and through the provision of shelter and
shade. Riparian areas protect and enhance natural character and
provide ecological corridors. In many cases riparian management
areas also provide public access to and along water bodies of the
3.1.16 Whilst riparian areas can be esplanade reserves or
esplanade strips they encompass tracts of lands wider than
esplanade areas. Esplanade reserves and esplanade strips are a
formally recognised mechanism to provide for public rights
adjoining water bodies. Riparian areas are areas of land that
require management that may affect land within and outside
esplanade areas. Riparian areas provide the following
3.2 Resource Management Strategy
3.2.1 Resource management issues
Landscapes and natural features
1. Tracking, roads and earthworks can adversely affect the
character and quality of landscapes.
2. The location of signage and some buildings can detract from
the values of outstanding natural features and landscapes.
3. The location and planting of exotic planting, such as
plantation forestry, shelterbelts and cropping can affect the
character and visual values of landscapes within the district. This
is particularly so where plantings are not sympathetic to the
landscape and ignore contours and natural watercourses. Planting
above prominent ridgelines and planting in linear block like
patterns can also have detrimental effects on landscape values.
4. Transportation routes, transmission and electricity lines,
can generate adverse effects on the landscapes of the district.
5. Identifiable landscape areas can be adversely affected by the
location of buildings, structures, and earthworks. These activities
can depreciate the qualities, characteristics, and nature of
6. The clearance of areas of indigenous vegetation for
conversion to other land uses can have a major adverse effect on
the character and quality of landscapes.
3.2.2 Objectives and policies
Objective 1. Management of the effects of activities to ensure
protection and enhancement of landscape values.
Policies 1.1 To protect and enhance indigenous vegetation,
wetlands and other indigenous habitats which contribute to the
character of a district. (Section 16.5 and 17.5)
1.2 To avoid, remedy, or mitigate the adverse effects of the
planting, managing and harvesting of planted production forests
including tracking, felling and thinning operations; and to manage
the effects of urban activity and rural industries to preserve the
natural character of the District's coastline. (Section 184.108.40.206
Objective 2. Protection and management of the district's
outstanding natural features and landscapes, where the natural
features and landscapes are identified as:
Headlands and peninsulas
Policies 2.1 Provide for the protection of the qualities and
characteristics of the outstanding natural features and landscapes
Appendix 3 from adverse effects of
subdivision, use, and development.
2.2 When assessing resource consents for activities undertaken
within, and adjacent to, those areas stated in Appendix
3 to consider the effects of the activities so that they
will not depreciate the character and values of natural features
3.2.3 Resource management issues
1. Modification and destruction of many indigenous habitats has
led to a decline in the abundance of biodiversity, ecosystems and
species in the district, particularly the lowlands.
2. There has been a loss of natural heritage within the
district, and the region, through drainage, modification, and land
3. The areas of indigenous vegetation and habitats of the
district contribute to the unique character of the district, and
they need to be retained and enhanced.
4. There can be potential damage to ecologically sensitive areas
from trampling, thus the need for well planned access.
5. Valuable ecosystems may be damaged by land clearance,
drainage, earthworks, access tracks, pests, stock grazing, and
6. The need for sustainable management of privately owned
indigenous vegetation and wetlands which are individually important
and which enhance indigenous fauna and conservation values.
7. The need for education and incentive mechanisms to provide
for the sustainable management of privately owned indigenous forest
lands and wetlands which are individually important at a local
and/or national level, and which enhance wildlife and conservation
values. These areas will be identified in consultation with
8. There needs to be recognition that some areas are parts of
ecological sequences and species corridors, that the areas do not
exist in isolation.
9. The need for restoration and enhancement of some degraded,
modified, or vulnerable habitats in the district.
3.2.4 Objectives and policies
Objective 1. The sustainable management of indigenous vegetation
and habitats of indigenous fauna to maintain and enhance the
abundance and diversity of the District's indigenous flora and
Policies 1.1 To protect, through the maintenance or enhancement
of, the biodiversity of indigenous flora and fauna throughout the
Opotiki District, from the adverse effects of inappropriate
subdivision, use, or development. Regard to the following will be
had when preparing plans or considering applications for plan
changes, resource consents or designations:
(i) Giving priority to the protection and rehabilitation of the
following indigenous habitats and values:
(ii) Encouraging the restoration and rehabilitation of degraded
land through revegetation, using genetically suitable indigenous
flora where appropriate; and.
(iii) To have particular regard when undertaking such planting
to the habitat requirements of indigenous fauna; and
(iv) Ensuring that provision is made for the protection of
ecosystems that are under-represented at a local (ecological
district) level from the adverse effects of inappropriate
subdivision, use and development; and
(v) Recognising that ecosystems located across a succession of
natural habitats (such as riparian areas, foreshores, soil
gradients and coast to mountain forest sequences), or in areas
which experience occasional stress events (such as seasonal
wetlands, slip faces, exposed headlands) are likely to be more
diverse than elsewhere;
(vi) Avoiding, remedying or mitigating the adverse effects of
activities on rare or threatened indigenous plant and animal
species and their habitat.
1.2 To encourage landowners through the use of a variety of
methods including advocacy, education and incentives, to recognise
natural values and to implement protection measures as a means of
achieving conservation and protection.
1.3 To identify indigenous vegetation and habitats in the
District that are significant for their ecological and amenity
values. In determining their significance the following matters
will be considered:
(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.
1.4 To use financial incentives, including rate relief as means
of encouraging landowners to protect areas of significant
indigenous vegetation and habitats of indigenous fauna.
Objective 2. Protection and enhancement of the significant
habitats of indigenous vegetation and habitats of indigenous fauna
within the district.
Policies 2.1 To provide for retention of significant indigenous
vegetation which contributes to the character of the district, and
this may include protection at the time of subdivision.
2.2 When considering resource consent applications preparing
plans or considering applications for plan changes to ensure that
any adverse effect from activities in or adjacent to areas of
significant indigenous vegetation and habitats of indigenous fauna
will be avoided, remedied, or mitigated.
2.3 To promote the restoration of ecosystems that have been
damaged or degraded to ensure their continued viability.
Objective 3. A database of information on natural heritage
within the district, be developed and kept current in consultation
with landowners and resource users, and is able to be used as a
valuable resource for ecological management in the district.
Policies 3.1 To evaluate and document on a continuing basis in
consultation with landowners, resource users, and the community,
the natural vegetation, habitat, and landscape resources of the
Opotiki District, and assess their value for protection.
3.2 To complete the draft Opotiki Natural Heritage Study and by
plan variation ensure that areas/values identified as important in
it are protected and/or restored.
3.4 To avoid, remedy, or mitigate the adverse effects of plant
and animal pests on the district's indigenous ecosystems.
3.2.5 Resource management issues
1. There has been a loss of wetland systems within the district
and region through drainage, modification, and land
2. Effects of land use activities can modify, destabilise, drain
or reclaim wetlands of importance in the district.
3. The restoration and rehabilitation of areas surrounding
wetlands, and wetlands themselves, needs to be recognised.
4. Wetlands are often viewed as independent resources, when they
are commonly a component of an overall ecosystem.
5. The land water interface associated with wetlands needs to be
managed so that the wetland area is protected and managed and the
land area is able to used for land use activities.
6. Wetlands as systems for polishing and finishing of wastewater
needs to be highlighted more, and they have an important role in
filtering stormwater run-off.
3.2.6 Objectives and policies
Objective 1. Wetlands within the district that continue to
support indigenous flora and fauna habitats, where the natural
character of the wetlands are maintained and enhanced.
Policies 1.1 To protect the natural character and habitat values
of wetlands that contribute to the character of the district.
(Section 16.5 and 17.5)
1.2 Promoting restoration and enhancement of riparian areas, and
good land use practices as a means of mitigating the adverse
effects of activities on wetlands.
1.3 To control adverse effects of activities on wetlands by
restricting modification of wetlands that contribute to the natural
character of the district.
Objective 2. Management of wetlands as components of an overall
ecological system, not as isolated features in the environment.
Policies 2.1 When assessing resource consent applications to
have regard to the relationship of a wetland to the site, the
wetland as a component of the environment, and the relationship of
the wetland to aquatic species habitat.
3.2.7 Resource management issues
1. The importance of preserving the natural character of
wetlands, lakes, rivers and their margins, and the potentially
adverse effects of inappropriate management of water bodies and
2. Qualities and values of riparian areas can be threatened by
inappropriate access, land use and development.
3. The adverse effects of some land use activities can affect
riparian management areas, and subsequently water quality, species
habitats, and the margins of water bodies.
3.2.8 Objectives and policies
Objective 1. Improved land management adjoining waterways where
the adverse effects of activities are managed so that there is
improved water quality and species habitats in the land and water
Policies 1.1 To manage the effects of activities of land use
activities adjoining and within the riparian areas of the district
so that water bodies and their margins are not depreciated.
1.2 Where practicable, and agreed upon with landowners to
implement protection mechanisms to ensure that continued viability
and functioning of the riparian area.
Objective 2. Management within the riparian areas of the
district that provides for the preservation of the natural
character of the coastal environment, wetlands, lakes, rivers, and
Policies 2.1 To preserve indigenous riparian vegetation areas
within the district for their ecological, biodiversity, historical,
and cultural character and value.
2.2 Use riparian management areas to protect whitebait spawning
3.2.9 Methods of implementation
The objectives and policies of this section will be implemented
by the following methods.
2. Other methods
The following rules provide for permitted activities, controlled
activities, discretionary activities and prohibited activities in
respect of outstanding natural features and landscapes.
3.3.1 Permitted activities
The following activities are permitted in any Zone in relation
to landscape features, natural heritage, wetlands, and other
1. Plantation forestry in the Rural Zone.
2. Restoration and rehabilitation of coastal and estuary margins
in association with Bay of Plenty Regional Council and the
Department of Conservation.
3. Revegetation and planting along the margins of the coast and
water bodies, with indigenous vegetation species.
4. Riparian planting with indigenous species adjoining streams,
rivers, and other water bodies.
5. Weed and pest eradication programmes undertaken within
natural heritage areas.
6. Restoration and rehabilitation of significant habitat
corridors and significant indigenous vegetation sequences.
7. Maintenance and pruning of pohutukawa trees where such
maintenance and pruning is necessary for the safety of the tree or
the safety of people
8. Fencing off the perimeter of heritage features.
9. Removal of diseased indigenous vegetation.
10. Rehabilitation of natural wetlands, wetland networks, and
natural drainage channels, with indigenous vegetation.
Keeping or Farming of Goats
11. Permitted, other than in the following four Goat Management
Areas (see Maps "Outstanding Natural Features, Landscapes and
To the west of the Waioeka and Opata Rivers
(ii) All land in the district between the Motu and Raukokore
(iii) Enclave west of the northern entrance to the Waioeka
(iv) Omaukora Stream catchment.
(a) The goats are formally identified in accordance with the
Animal Identification Act 1993, but must include the tagging (brass
tag or plastic tag or ear-cut or tattoo) of goats with recognisable
(b) The goats are to be contained on site at all times by either
a boundary fence (the fence to comply with standards for goat
fencing contained in Appendix 9) or tethered, which may include a
c) Written advice of the location of the goat farming activity
is provided to Council. ( Section 16 Rural Zone)
12. Permitted, provided that deer are:
Kept in accordance with the Wild Animal Control Act 1977 [The
keeping of certain deer species may be prohibited under the Wild
Animal Control Act 1977.] .
Identified in accordance with the Animal Identification Act
Contained within a boundary fenced area in accordance with the
fencing standard set out in Appendix 9.
Written advice of the location of the deer farming activity is
provided to Council.
( Section 16 Rural Zone)
13. Farming ( Section 16 Rural Zone)
14. The maintenance of existing roads and accessways, excluding
15. The sustainable harvest of plant material for rongoa Maori
(customary medicine) purpose.
3.3.2 Controlled activities
The following activities are controlled activities in any Zone
in relation to landscape features. The activities may be
established after a land use consent has been granted by Council.
Council cannot decline a resource consent for a controlled
1. Relocation of pohutukawa including for enhancement or
2. Clearing of indigenous vegetation where necessary to provide
for a stable building platform and access.
The following criteria will be considered when assessing whether
a site is of significance:
It is important to remember that Council cannot decline a
resource consent application for a controlled activity, but can
attach conditions to the activity on matters over which Council
reserves control. The application for resource consent for a
controlled activity enables a trigger for assessing the potential
adverse effects of activities, it is not stopping the activity from
In respect to any controlled activity Council has reserved
control over the following matters.
220.127.116.11 Effects on pohutukawa
i. The relocation of pohutukawa is undertaken after receiving
advice from a qualified arborist.
ii. That the structure and form of the tree will not be
adversely affected by the relocation.
iii. That the root system of the tree will not be unduly harmed
during the relocation of the tree.
iv. That the relocation of the tree will be confined only to
trees specified, and will not affect any adjoining tree.
v. Measures implemented to mitigate the effects of excavation
and earthmoving within the dripline of the tree.
vi. The degree of modification of the tree as a result of any
excavation or earthmoving.
18.104.22.168 Effects on indigenous vegetation
i. Indigenous vegetation to be cleared to establish a
practicable building platform and access will be assessed in terms
of quantity, type, ecological and landscapes significance.
ii. The need for replanting of vegetation to compensate for that
which is lost.
iii. The treatment of the area surrounding the building platform
so that adjoining vegetation is not adversely affected.
iv. The degree to which any clearing will adversely affect the
representativeness of the indigenous vegetation.
v. The need for buffer planting or riparian planting to ensure
positive environmental effects from the activity.
vi. The legal protection and management of indigenous
vii. The location and design of building platforms and
22.214.171.124 Effects of excavation activities
i. The degree of alteration of the resource that will result
from the excavation activities.
ii. Measures implemented to manage the sedimentation and
siltation effects of activities on natural resources and associated
natural drainage courses.
iii. The treatment and disposal of the spill from the excavation
iv. Measures implemented, such as planting, to mitigate the
visual effects of the activity on the surrounding environment.
v. The quantity of soil to be moved and over what period.
vi. The location, method, scale and duration of earthworks.
Council may impose conditions on a resource consent for a
controlled activity only in relation to those matters stated
3.3.3 Discretionary activities
The Council may grant or refuse a resource consent for a
discretionary activity. The following activities may be established
after a land use consent has been granted by Council.
1. The location of buildings and structures on the skylines and
ridge tops of those landscape features identified in
2. Structural alteration of landscapes identified in
Appendix 3, where this includes excavation,
tunnelling, drilling, and earthworks.
3. Plantation forestry in the Coastal Zone except the replanting
within one calendar year of harvesting a forest existing at the
time of notification of this District Plan.
4. Plantation forestry in the Ohiwa Harbour Zone.
5. Modification or drainage of wetlands stated in Appendix 3, or
modification or drainage of 500 m² or more of wetland
6. Removal of vegetation surrounding those wetlands stated in
Appendix 3, excluding weed and pest control as stated as a
permitted activity in this District Plan.
7. Draining, infilling or vegetation modification or clearance
in any wetland excluding:
Artificial wetlands used for wastewater or storm water
Farm related ponds, dams and detention dams.
Land drainage canals and drains.
Reservoirs for fire fighting, domestic or municipal water
Temporary ponded rainfall.
Wetlands created within the term of the plan (that are not
created pursuant to a resource consent).
8. Disturbance of the following in the Coastal, Coastal
Settlement and Ohiwa Harbour zones:
Any pohutakawa tree.
Indigenous vegetation greater than 100 m² except in the
House site and curtilage up to 250 m² on land contained in
one title or partition order other than in the Ohiwa Harbour zone
and for which a building consent has been issued and where there is
no existing building or land previously cleared that would provide
a suitable house site. Vegetation clearance for a house site and
curtilage authorised under this rule is not to include individual
pohutukawa, or other coastal species greater than 3.5m in
An access way that is less than 30 m in length x 3 m
wide other than in the Ohiwa Harbour zone, to service a house site
meeting the criteria for (a) above involving the disturbance of
indigenous vegetation, provided that there is no disturbance of
individual pohutukawa, or other coastal species greater than 3.5m
Coastal dune land vegetation greater than 100 m².
9. Disturbance to indigenous estuarine vegetation and habitats,
or earthworks in estuarine areas.
10. For areas not included in (7) to (9) inclusive above:
Indigenous vegetation disturbance in the Opotiki or Taneatua
Ecological Districts (see Maps "Outstanding Natural Features,
Landscapes and Ecological Districts") where the sum of all
disturbance exceeds 250 m² in any five year period.
Indigenous vegetation disturbance in the Waioeka, Motu or
Pukeamaru Ecological Districts (see Maps "Outstanding Natural
Features, Landscapes and Ecological Districts") where the sum of
all disturbance exceeds 2000 m² in any 5 year period.
11. Indigenous vegetation disturbance of areas specifically
stated in Appendix 3.
12. The planting of exotic species capable of naturalising (as
identified in the Operative Bay of Plenty Regional Pest Management
Strategy) into an area of indigenous vegetation where:
The area of indigenous vegetation is a wetland or dune area;
The area of indigenous vegetation is one hectare or greater.
Consents may also be required from Environment Bay of Plenty for
wetland modification, earthworks and vegetation clearance.
If any activity under 126.96.36.199 and 188.8.131.52 is controlled by a
rule in a Regional Plan, then a resource consent will not be
required from the Opotiki District Council.
Harvesting of indigenous vegetation under Part IIIA of the
Forests Act 1949 as amended by the 1993 Amendments will require
resource consent from Council where rule 3.3.3 applies.
When assessing an application, regard may be had to the
following resource information:
The "Protected Natural Areas Programme" prepared by the Department
of Conservation; and
A "Site of Special Wildlife Interest" (SSWI); and
The "Natural Heritage Report" prepared for the Opotiki District
Council by Wildland Consultants (1999); and
A species identified in Appendix 10.
Council will implement a programme of proactive landowner
consultation to identify property and site specific options for the
long term protection of indigenous vegetation and habitats within
five years of this interim rule becoming operative. This
consultation will establish with landowners, managers and trusts,
the best process to be used for the identification and long term
protection of indigenous vegetation.
Subject to the outcome of the consultation process, this will
involve the preparation of a schedule and amendment to the District
Plan identifying those parts of Opotiki District where indigenous
vegetation and habitats are significant under Section 6(c) of the
Resource Management Act.
For the purposes of Rule 3.3.3 the following definitions
"Coastal dune land vegetation" means vegetation on sand dunes,
including mixtures of indigenous and exotic species, but excluding
plant species identified in the Regional Pest Management Strategy,
National Pest Plant Accord or other pest plants as required to be
controlled by Environment Bay of Plenty.
"Disturbance" means the clearance, cutting, crushing,
desiccation (herbicide treatment) or burning, removal or damage to
indigenous vegetation, except:
For normal domestic-scale trimming and maintenance. For pohutukawa,
in order to be excluded, normal domestic-scale trimming and
maintenance must be necessary for the safety of the tree or the
safety of people; and
The day-to-day maintenance of existing vehicle and walking tracks;
The collection of plant material for scientific purposes; and
The collection of plant material by the Tangata Whenua for
maintaining traditional practices of rongoa (medicinal purposes),
raranga (weaving), and mahi whakairo (carving); and
The removal of indigenous vegetation planted for shelter belts;
The removal of indigenous vegetation beneath a production forest;
For the purposes of rule 184.108.40.206 (i) and (ii) secondary vegetation
that is predominantly less than 3.5m in height that has regenerated
following repeated clearance for production (e.g. farming, forestry
purposes) and the disturbance is to maintain an existing production
"Indigenous estuarine vegetation" means indigenous vegetation in
estuaries and on their margins, where periodic inundation by
brackish or saltwater is a key determinant of habitat
13. Goat farming is a discretionary activity in the following
four areas (refer to Maps "Outstanding Natural Features, Landscapes
and Ecological Districts"):
To the west of the Waioeka and Opata Rivers;
All land in the district between the Motu and Raukokore
Enclave west of the northern entrance to the Waioeka Gorge,
Omaukora Stream catchment.
And the Council shall limit its discretion to matters (a) to (c)
The area and location of the activity in relation to (b) and (c)
Potential effect on the values associated with natural
character, indigenous biodiversity, amenity and landscape,
including vegetation type and density
The ability to confine goats upon the site.
(Section 16 Rural Zone)
Council will review the operation of this rule within five years
of this plan becoming operative. This will include an assessment of
land use and conservation values in the Waiotahi Valley area.
3.3.4 Prohibited activities
The following activities are prohibited activities for which no
resource consent shall be granted:
1. The keeping, holding, or farming of wallaby species.
2. The keeping, holding, or farming of ferrets, stoats and
weasels (mustela faro).
( Section 16.3.4 Rural Zone)
See Zone Standards in Section 12 to Section 19 for each Zone of
(Section 12 - 19)
See Section 10 and the subdivision standards in the Zone
Sections of the District Plan.
(Section 10, 16.5, and 17.5)
3.6 Other Methods
3.6.1 The objective and policies of the Zone can be implemented
by the rules as well as the following other methods.
3.7.1 The reasons for the foregoing objectives, policies and
methods are stated below.
3.7.2 Section 6 of the Act requires Council to recognise and
provide for the preservation of the natural character of the
coastal environment, wetlands, rivers and their margins, from
inappropriate subdivision, use and development, and the protection
of outstanding natural features and landscapes. Section 6 also
requires Council to protect significant indigenous vegetation and
significant habitats of indigenous fauna.
3.7.3 Adverse effects from land use activities can destroy or
modify habitats, and can degrade and destabilise landscapes. Land
use activities that are undertaken in a sustainable manner, where
adverse effects on landscapes and habitats are avoided, remedied,
or mitigated will assist in enhancing the high quality of the
district's natural environment.
3.7.4 Natural features, landscapes, indigenous vegetation and
habitats of indigenous fauna are an integral component of the
district's character. Many people within the district identify with
those landscapes and habitats. Many plants and animals which are
grown, farmed or enjoyed for recreation have escaped or been
released into natural areas and have had significant adverse
effects on the indigenous biodiversity of the district. The
protection of indigenous flora and fauna contribute to maintaining
and enhancing the biodiversity of the district and region. The
objectives and policies included in this section seek to maintain
and enhance the quality of the district environment.
3.7.5 Historic and current land use have, and will continue to
have, effects on the natural resources of the district. Some
habitats are under represented, and those that do exist need to be
managed to ensure their existence for future generations. The
objectives, policies, and rules of this section seek to promote the
sustainable management of the district's natural resources. The
rules do not seek to prohibit activities but to require consent
where activities may affect the natural resources that exist in the
3.8 Anticipated Environmental Outcomes
Below are the anticipated environmental outcomes from the
implementation of the objectives and policies of this section.
Protection and enhancement of the district's outstanding natural
features and landscapes.
Protection, enhancement, and sustainable management of
significant indigenous vegetation and significant habitats of
Protection and enhancement of the district's biodiversity
The creation of new habitats that contribute positively to the
district's high environmental quality.
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