1. Interface with other zones:

a. activities in the CMA must not exceed the levels specified in clause 1.2.1 of the Auckland-wide - Noise and vibration rules.

2.Underwater noise from construction, dredging, mineral exploration and extraction (including seismic surveying):

a. underwater activity must not exceed a noise level of 200 dB re 1μPa measured at 1m from the noise source.

b. the noise limit above does not apply to:

i. the operational requirements of vessels (including cargo vessels, tugs, passenger liners, naval vessels and commercial fishing vessels)

ii. use of sonar

iii. temporary activities other than construction works (refer to the Auckland-wide - Temporary activities rules).

1. Lighting in the CMA must not exceed the levels specified in the Auckland-wide - Lighting rules in addition to the controls below.

2. Outdoor artificial lighting must not produce an illuminance exceeding 150 lux measured horizontally or vertically at the exterior of any building adjacent to the CMA.

3. Lighting sources must be sited, directed and screened to minimise, as far as practicable, annoyance or nuisance to adjacent properties or the bird life of any adjacent SEA-M1 or 2.

4. Lighting sources must be sited, directed and screened to avoid, as far as practicable, creating a navigation safety hazard.

1. Any activity involving the storage or handling of hazardous substances must comply with the Auckland-wide - Managing hazardous substances rules.

1. The work must not change the area occupied by the reclamation or drainage system.

2. Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

3. There must be no release of contaminants from equipment being used for the activity.

4. All equipment and materials must be removed from the foreshore and seabed on the completion of works or activities.

5. Written advice must be given to the council at least 10 working days prior to the work starting.

1. Depositing must be for the purpose of: erosion protection; beach (including dune system) replenishment or re-contouring; habitat enhancement; or depositing of material excavated during stream mouth and stormwater outfall clearance operations.

2. Written advice must be given to the council at least 10 working days prior to the work starting.

3. The sediment must not be deposited within any area of indigenous vegetation or within any bird nesting area.

4. The deposited sediment must not temporarily or permanently prevent or hinder public access or prevent or hinder the operation of any existing infrastructure.

1. Dredging must not take place within 100m of a previously dredged site unless a minimum of two months has elapsed since the completion of dredging at that site.

2. Impounded water must be released in a way that minimises any potential contamination of receiving waters.

3. Best practice dredging methods must be used in order to minimise sediment mobilisation and dispersal.

4. No dredged material may be deposited in the CMA or on land where it could re-enter a water body (refer to the Auckland-wide - Lakes, rivers, streams and wetland management rules).

5. Upon completion of dredging, all equipment and litter must be removed.

6. Written advice must be given to the council at least 10 working days prior to the work starting.

Note: Channel clearance activities outside the CMA are covered in the Auckland-wide - Lakes, rivers, streams and wetland management rules.

1. The disturbance must be limited to:

a. removal of a maximum of 1m³ of uncompacted material, or 0.2m³ of compact material, in any 24-hour period

b. any drilling device must be no larger than 250mm (head size)

c. less than 5m³ of the foreshore or seabed must be disturbed.

2. Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

1. Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

2. There must be no release of contaminants from equipment being used for the activity.

3. There must be no discharge of chemical herbicides in the CMA, other than as provided for in an approved pest management strategy.

4. All equipment and materials must be removed from the foreshore and seabed on the completion of works or activities.

5. Any disturbance associated with control or eradication of any exotic or introduced plant or animal species must be:

a. in accordance with an approved pest management plan prepared under the Biosecurity Act 1993

b. written advice must be given to the council at least 10 working days prior to the work starting.

1. Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

2. Any livestock access in the CMA for droving of stock or horse riding must ensure:

a. the droving does not occur in estuarine areas or areas of salt marsh or mangroves and no grazing of intertidal vegetation must be allowed to occur

b. the stock must be moved along at all times and not left unattended

c. horses must be kept under control at all times

d. horses must not graze on intertidal vegetation

e. horses must not be ridden or taken into bird breeding areas.

3. Any livestock exclusion measures must be effective and can include a permanent fence or temporary hot-wire, dense vegetation or natural barriers that prevent stock gaining access to the CMA.

1. Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

2. Only handheld methods may be used in ONC, ONF and SEA-M1 overlay areas

3. There must be no disturbance of other biota in ONC, ONF and SEA-M1 overlay areas

4. Shells must not be disposed of in the CMA.

1. Mangrove seedling removal; mangrove removal from an area that was free of mangroves in 1996; and mangrove removal in significant wading bird areas:

a. removed vegetation must be disposed of outside the CMA

b. the removal must not involve any discharge of chemical herbicides in the CMA other than as provided for in an approved pest management plan prepared in accordance with the Biosecurity Act 1993

c. any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA

d. removal must be done by hand or by hand-held tools

e. removal must not be in areas where mangroves are serving to mitigate coastal erosion from wave action

f. removal must not damage or disturb areas of salt marsh or seagrass

g. written advice must be given to the council at least 10 working days prior to removal, other than for the removal of 30m² or less of seedlings. The advice will include the location and extent of the mangroves to be removed, the timing and methods of removal, and sufficient evidence to demonstrate that the area was free of mangroves in 1996

h. in a significant wading bird area, removal must be timed to avoid bird roosting and nesting seasons

2. Mangrove removal to enable the operation, maintenance, use and functioning of existing lawful structures, infrastructure and drainage system, or to ensure public health and safety in the use or operation of infrastructure to a maximum of 200m²:

a. removed vegetation must be disposed of outside the CMA

b. the removal must not involve any discharge of chemical herbicides in the CMA, other than as provided for in an approved pest management plan prepared in accordance with the Biosecurity Act 1993

c. any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA

d. the removal must be immediately adjacent to the structure or infrastructure, or any drainage system.

1. No more than 20m² of vegetation must be removed.

2. Removed vegetation must be disposed of outside the CMA

3. The removal must not involve any discharge of chemical herbicides in the CMA other than as provided for in an approved Pest Management Plan prepared under the Biosecurity Act 1993

4. Vegetation alteration or removal must be undertaken by hand or by handheld tools

5. Vegetation alteration or removal must not be in areas where the vegetation mitigates coastal erosion from wave action

6. Vegetation alteration or removal must not damage or disturb areas of salt marsh or seagrass.

1. Planting of native vegetation should be sourced from the same ecological district.

1.A screen with a mesh size spacing no greater in one dimension than 5mm must be used.

2.Maximum water velocity into the entry point of the intake structure must be no greater than 0.3m/second.

3.Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

1.General - All permitted activities:

a.the discharge must not, after reasonable mixing, give rise to any or all of the following effects:

i.the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials

ii.any conspicuous change in the colour or visual clarity water in the CMA

iii.any emission of objectionable odour

iv.any significant adverse effects on aquatic life.

2.Discharge of untreated sewage from a vessel or offshore installation:

a.the discharge must be in water depths greater than 5m

b.the discharge must be more than 2km from MHWS (other than as specified in (f))

c.the discharge must be more than 500m from an aquaculture activity

d.the discharge must be more than 500m from a mataitai reserve

e.the discharge must be more than 200m from a marine reserve

f.notwithstanding (b), in harbours during extreme weather conditions when wind conditions at the mouth of the harbour exceed 25 knots and sea swells exceed 3 metres, untreated sewage may be discharged as necessary for health and safety reasons, provided that:

i.the discharge is more than 500m from MHWS and

ii.the discharge takes place during the first 3 hours of an outgoing tide.

3.Cleaning, anti-fouling or painting of vessels:

a.the discharge or escape of contaminant materials or debris onto the foreshore, seabed or into the water must be collected as far as practicable and removed from the CMA. This may require the use of collection devices such as ground covers, nettings or similar.

4.  Dischargeof dye or tracer material for investigative purposes:

a.notice of the intended discharge must be given to the council at least 12 hours prior to the discharge occurring

b.the dye or tracer must be of a type that is designed to be used in natural water and must be used in accordance with manufacturer’s recommendations and any relevant and recognised standards and practices.

5.Potable water from the water supply network:

a.the discharge must occur during the upper half of the tide unless the discharge occurs directly into open water without disturbing sediment

b.the discharge, after reasonable mixing, must result in a free available chlorine concentration of less than or equal to 20 µg/l in the receiving water.

6.Discharge of untreated wastewater overflows from a wastewater network servicing new development areas and new wastewater networks within existing urban area (permitted activity):

a.engineered overflow points must be designed and located so that any discharges from them generate a minimum of public health risk, ecological effects, nuisance and/or damage and must not cause erosion or scouring at the point of discharge

b.a wastewater network operations plan must be prepared and implemented and provide:

i.a description of the wastewater network

ii.maintenance procedures and levels of service for key elements of the network

iii.operations procedures including response to system failures, incidents and significant overflow events

iv.monitoring and reporting procedures

c.the network must be designed and operated to prevent dry weather overflows during normal operation of the network, and the network operator must have an operational and maintenance programme in place that minimises unforeseen dry weather overflows to the environment

d.all pump stations must be continuously monitored by telemetry so that the wastewater network operator is immediately informed of any pump station failure or fault that may result in an overflow

e.the network must be designed and constructed so that:

i.capacity is provided for maximum probable development of the serviced network area as anticipated at the time the network is designed and constructed

ii.capacity is provided for at least five times the average dry weather flow from the maximum probable development of the service network area at the time the network is constructed

iii.all pump stations are designed for a minimum of four hours storage, in the pump station or the network

f.the frequency of wet weather overflows must be an average of no more than two events per discharge location per year.

7.Discharge of untreated wastewater overflows from a wastewater network servicing new development areas and new wastewater networks within existing urban area, and discharge of untreated wastewater overflows from an existing separated wastewater network servicing existing urban areas (controlled activities):

a.a programme must be in place to reduce network overflows to an average of no more than two events per discharge location per annum by 2040

b.where the overflow frequency exceeds an average of two events per discharge location per annum, an alternative discharge frequency must be established using a Best Practicable Option approach as set out in s2 of the RMA.

8.Discharges into the CMA which are not covered by another rule in this Unitary Plan, and not covered by the Resource Management (Marine Pollution) Regulations 1998:

a.the discharge must not contain human sewage or hazardous substances as defined by HSNO and any regulations made under s. 75 of that Act

b.the discharge must not change the natural temperature of the receiving water, after reasonable mixing, by more than 3 degrees C

c.the discharge must not involve any visible disturbance to the substrate of the CMA that cannot be remedied or restored within 48 hours in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA

d.public access to and along the coast must not be restricted by the volume or movement of the discharge.

1. Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

2. The activity or use must not require exclusive occupation of the CMCA.

3. The activity or use must not require exclusion of public use and access to an area.

1. Vessels must not obstruct the safe navigation of other vessels or obstruct the approach to any wharf or jetty.

2. Vessels must not create a hazard to other vessels at anchor or on a mooring.

1.Any excess building material, spoil, construction equipment or litter must be removed from the CMA within 24 hours of completion of any works.

2.Any discharge will not, after reasonable mixing, give rise to any or all of the following effects:

a.the production of any conspicuous oil or grease films, scums or foams, or floatable or suspended materials

b.any conspicuous change in the colour or visual clarity of the water in the CMA

c.any emission of objectionable odour

d.any significant adverse effects on aquatic life

3.Any activity involving the storage or handling of hazardous substances must comply with the Auckland-wide - Managing hazardous substances rules.

1. Refer to Auckland-wide Transport rules. 

2. Parking must be located so that it does not obstruct pedestrian and vehicle access, and allows for passenger and cargo loading/unloading.

Note: Vehicle use is controlled by bylaws as well as this Unitary Plan.

1.Any archaeological investigations in the Historic heritage overlay must not include disturbance of the foreshore and seabed except for the temporary insertion of a probe or peg not exceeding a diameter of 10 mm.

1. Structures and works must not cause a hazard to safe navigation.

2. Any excess building material, spoil, construction equipment or litter must be removed from the CMA area within 24 hours of completion of any works.

3. Any visible disturbance to the substrate of the CMA must be remedied or restored within 48 hours of the completion of the works in ONC, ONF and SEA-M1 overlay areas and within seven days in other areas of the CMA.

4. Written advice must be given to the council at least 10 working days prior to the work starting unless otherwise stated below.

1. The work must maintain the structure or building in a good and safe working condition.

2. The work must not use materials which alter the form or external appearance of the structure in more than a minor way.

3. The work must not change the area occupied by the structure.

1. Any part of a structure or building that is not removed must not protrude above the foreshore or seabed so that they create a hazard to safe navigation or public access.

1. The structure must not be capable of being uncovered or moved by natural coastal processes, other than exceptional hazard events such as tsunami.

2. Written advice must be given to the council and the National Topo/Hydro Authority at LINZ at least five working days prior to the work starting.

1. The temporary structure must be in place for no longer than 14 days within any six month period and removed within seven days of the completion of the event or use for which it was erected.

2. The temporary structure must occupy the minimum area necessary for its purpose.

1. Written advice must be given prior to the work being undertaken to the council harbourmaster, and the National Topo/Hydro Authority at LINZ at least five working days prior to the work starting.

1. Structures must be piled.

2. The floor area must not exceed 10m².

3. The height must not exceed 3m above MHWS.

4. Any maimai not displaying a tag issued under the Wildlife Act 1953 for two years consecutively must be removed from the CMA.

5. A maimai must not used for accommodation purposes

6. The structure must not be located in the following Significant Ecological Areas – Marine 1: 2b-j, 10b-c, 27c, 30b, 34b.

1. Upgrading works must meet the controls in clause 3.1 of the Auckland-wide - Network utilities and energy rules.

1.Occupation of the CMCA by infrastructure structures, that form part of a network operated or managed by a network utility operator, and are existing at 23 October 2001, and any subsequent upgrade to such a structure:

a.the structure must be located so that it does not cause more than minor erosion, depositing, or disturbance

b.the structure must be not redundant, in that it is being used and is physically capable of being used for its required purpose

c.the structure and/or its location must be shown on a plan with the NZMS grid references (seven digit easting & northing), and by a photograph, both of which are provided to the council

d.the structure must be located so that it does not unduly impede public access to and along the CMA

e.any upgrade must comply with the performance controls for minor infrastructure upgrading in the network utilities and energy rules.

1. Written notice must be given to the council and the National Topographic/Hydro Authority at LINZ at least five working days prior to the work starts.

1.Mangrove removal to enable the operation, maintenance, use and functioning of existing lawful structures, infrastructure and drainage systems, or to ensure public health and safety in the use or operation of infrastructure (maximum of 30m² in SEA-M1, ONC, ONFs and HH overlays)

a.construction or works methods, timing and hours of operation

b.location, extent, design and materials

c.effects on coastal processes, ecological values, water quality and natural character

d.effects on public access navigation and safety

e.effects on existing uses and activities

f.effects on Mana Whenua values

g.consent duration

2.Demolition or removal of any buildings or CMA structures

a.construction or works methods, timing and hours of operation

b.location, extent, design and materials

c.effects on coastal processes, ecological values, water quality and natural character

d.effects on public access, navigation and safety

e.effects on existing uses and activities

f.effects on Mana Whenua values

g.effects on the values of the overlay where the site is within a overlay

h.consent duration

3.Discharge of untreated wastewater overflows from a wastewater network servicing new development areas and new wastewater networks within existing urban areas that does not comply with the permitted activity controls

a.the management of the wastewater discharge and the mitigation of any adverse effects associated with the permitted activity controls that are unable to be met

b.the mitigation of any adverse effects arising from wastewater overflows, including those on potable water supplies and public health

c.associated monitoring and reporting

d.the duration of the consent and the timing and nature of reviews of consent conditions

e.implementation of the overflow reduction programme

f.implementation of the wastewater network operations plan and the operational and maintenance programme.

1.General - all activities:

a.construction or works methods, timing and hours of operation

i.construction or works methods should avoid, remedy or mitigate adverse effects, particularly on water quality and sedimentation.

ii.construction or works should be done at a time that will avoid or minimise, adverse effects on marine mammals, bird roosting, nesting and feeding, and recreational users of the CMA.

iii.construction or works hours of operation should be limited to minimise effects of noise and disruption on existing activities, and on nearby residential and open space areas.

b.location, extent, design and materials:

i.the work should be located and designed to avoid, remedy or mitigate adverse effects on the environment

ii.the form, intensity and scale of works, structures and buildings should be sensitive to the marine environment and surrounding adjoining spaces.

iii.works and structures should ensure efficient use of the CMA is made by using the minimum area necessary for their purpose.

iv.the materials used should be compatible with the surrounding coastal environment, and where practicable be consistent with the natural materials at the site. This should take into account the physical characteristics of the materials used, including texture, colour, composition, grain size, level of contamination and potential for leaching.

c.effects on coastal processes, ecological values, water quality and natural character:

i.measures should be taken to avoid, remedy or mitigate adverse effects on coastal processes, ecological values, water quality and natural character.

d.effects on public access, navigation and safety:

i.effects on existing public access arrangements should be avoided by minimising the extent and duration of work and by providing alternative access routes where practicable.

ii.the proposed activity or development should not adversely affect navigation and safety.

iii.effects on vessel access and berthage should be avoided, remedied or mitigated.

iv.where possible, the layout of structures and activities should enhance public access, including pedestrian access, to the coastline and particularly to any areas of public open space.

v.any loss of public access to, along and within the CMA should be mitigated, including through provision of facilities such as public boat ramps, lookout platforms, and alternative access.

e.effects on existing uses and activities:

i.proposals should avoid, remedy or mitigate adverse effects on existing activities as far as practicable, taking into account both activities in the CMA and on adjacent land.

ii.Activities should avoid, remedy or mitigate adverse effects on the amenity of adjacent residential and open space zoned land.

f.effects on Mana Whenua values:

i.the proposal should include an assessment of the cultural impact to Mana Whenua (Note: Chapter G General Provisions Treaty of Waitangi 2. General Rules and Special Information requirements of the Unitary Plan provides guidance on this matter).

g.consent duration and monitoring:

i.consent duration should be limited to the minimum duration necessary for the functional or operational needs of the activity.

ii.consent duration may be limited to allow an adaptive management approach

iii.monitoring may be required in order to demonstrate the extent and type of environmental effects of the activity, and the degree to which the effects are remedied or mitigated during and after the activity.

2.Activities in a SEA-Marine

a.the proposed activity should not provide greater opportunities for the movement or introduction of animal and plant pests that threaten indigenous biodiversity.

b.proposals should avoid, remedy or mitigate any adverse effect on the ecology and wildlife of the area and, where relevant, on: 

i.nesting, feeding and breeding of species 

ii.biological processes 

iii.connections between ecosystems 

iv.the diversity of species 

v.the habitat of threatened or protected species, both terrestrial and aquatic

vi.cumulative effects.

c.The proposal should include an assessment of the extent to which: 

i.alternative methods or locations are available to the applicant to avoid effects on the identified values of the SEA-Marine

ii.the degree to which a reduction in water quality and/or the depositing of material will affect the natural ecological functioning of the area.

iii.existing use and development already, and in combination with any proposal, impacts on the habitat, or impedes the operation of ecological and physical processes

iv.there are similar habitat types within other SEA-Marine in the same harbour or estuary or, where the SEA-Marine is located on open coast, within the same vicinity.

v.there will be positive benefits for the ecological functioning and values of the SEA-M. 

3.Activities in an Outstanding Natural Features overlay:

a.the proposal should include an assessment of:

i.whether the nature, form and extent of the proposed works or activity adversely affects the feature or features for which the item was scheduled 

ii.whether the proposed works or activity adversely affect landscape values 

iii.the degree to which the feature or features have already been modified so that further modification will not cause significant additional loss of geological information 

iv.the extent to which the modification is necessary 

v.the purpose of the proposed works or activity and whether it has specific connections or relevance to the scheduled item 

vi.what alternative methods and locations are available to the applicant for carrying out the work or activities that do not affect a scheduled feature

vii.the extent to which the proposed works will protect the feature from further damage, such as erosion protection, or remediate it from previous damage. This excludes potential damage from the activity for which consent is sought.

4.Activities in an Outstanding Natural Landscapes (ONL) and Outstanding and High Natural Character (ONC and HNC) overlay:

a.the proposal should include consideration of the potential impacts on landscape, natural character, visual, amenity and experiential values by assessing the extent to which:

i.the proposal will adversely affect amenity and identified natural character values, and whether the proposed mitigation measures can ensure there will be no more than minor effects on:

•amenity values or views, both from land and sea

•landscape and natural character values

•people's experience and values associated with an area, including the predominance of nature and wilderness values

ii.the siting of the building adversely affects the line and form of the landscape with particular regard to ridgelines, headlands and promontories 

iii.the building can be located in a less prominent location taking into account the characteristics of the site, and is located within an area that has the greatest potential to absorb change to the landscape 

iv.the building will be visually obtrusive from any public road or public place, including from beaches and the sea 

v.the location, scale, height, design, external appearance and overall form of the building is appropriate to the rural and coastal context, and the colours and material used for roofs, walls and windows is of low reflectivity and merges with the surrounding landscape 

vi.the building will result in adverse cumulative effects, having regard to other buildings or use and development 

vii.of adverse visual and ecological effects from any earthworks, landform modification and vegetation removal associated with creating a building platform, driveways or other servicing requirements

viii.the building, driveways and servicing are set back from MHWS to avoid being affected by coastal erosion, natural coastal hazards or sea level rise, taking into account predicted risk over a 100-year timeframe

ix.the proposed building or structure will impact on Mana Whenua values

x.the proposed building or structure has a functional need to be in the location proposed

xi.the proposed building or structure will improve the resilience and security of the infrastructure network.

5.Activities in a Historic Heritage overlay:

a.the criteria listed in the overlay rules – Historic heritage

6.Mangrove removal:

a.removal of mangroves, including seedlings, should be avoided in areas:

i.where mangroves provide important ecological values

ii.of active coastal erosion where mangroves provide a buffer against coastal processes causing erosion

iii.where the sediments contain high levels of contaminants at risk of being re-suspended.

b.proposals to remove mangroves may require an assessment of sediment inputs in the area and identification of catchment initiatives to reduce sediment and nutrient inputs

c.mangrove removal should:

i.minimise the disturbance of the foreshore and seabed, and sediment and contaminant discharges

ii.where practical, dispose of removed mangroves outside the CMA using an appropriate method. Burning of removed mangroves in the CMA should be avoided

iii.not utilise a disposal method results in significant adverse effects on the CMA where landward disposal is not proposed 

iv.take an adaptive management approach where a significant area of removal is proposed and there is uncertainty over the extent of adverse effects

v.provide for the long-term maintenance of cleared areas.

d.mangrove removal should be enabled where there is clear evidence that mangroves have spread and the proposed removal is necessary to enable, maintain, restore or enhance:

i.public access to, or along, the CMA

ii.connections with reserves or publicly owned land and the sea

iii.public use and amenity values

iv.water access and navigation, including waka portage routes

v.public health and safety, including sightlines and traffic safety

vi.access to the coast from marae, or to areas of customary use 

vii.ecological values, including significant wading bird feeding or roosting areas

viii.cultural or historic heritage or natural features.

e.mangrove removal should be enabled where there is no practicable alternative, and removal is necessary to allow for:

i.the operation, maintenance and use of existing lawful structures, or infrastructure including drainage

ii.the provision of infrastructure, including drainage systems that cannot practically be located in an alternative area, that would avoid the need for mangrove removal

iii.removal of areas identified for clearance in a reserve management, comprehensive coastal management or similar plan that has been subject to a statutory consultation process where the potential adverse effects have been considered.

7.Demolition or removal of any buildings or CMA structures:

a.the works should avoid, remedy or mitigate any adverse effects arising from:

i.disturbance of the foreshore and seabed

ii.depositing material in the CMA

iii.the removal of indigenous vegetation

iv.any discharge of contaminants

b.discharges from wastewater networks within existing urban areas that do not comply with the permitted activity controls. 

c.the extent to which the overflow reduction programme and the network operations plan and operational and maintenance programme:

i.are the best practicable option for preventing or minimising adverse effects

ii.adequately address wastewater discharges generated as a result of potential urban growth, urban redevelopment, and land use intensification within the catchment, taking into account the growth and intensification provisions of the Unitary Plan

iii.prevent or minimise adverse effects on public health, potable water supplies, freshwater and coastal waters

iv.take account of consultation undertaken, including engagement with Mana Whenua, on priorities and timing of overflow reductions

d.consultation undertaken on priorities and timing of overflow reductions.

1.

General - all activities: 

a.construction or works methods, timing and hours of operation

b.location, extent, design and materials

c.effects on coastal processes, ecological values, water quality and natural character

d.effects on public access, navigation and safety

e.effects on existing uses and activities

f.effects on Mana Whenua values

g.consent duration and monitoring.  

2.Additional matters for:

a.activities in a SEA-M, ONF, ONL, ONC or HNC overlay:

i.effects on the values of the overlay

ii.effects on views, visual amenity and landscape values in a ONL, ONC or HNC

b.activities in the SHHP overlay:

i.effects on the values of the overlay

ii.the matters listed in the overlay rules – Historic heritage

c.occupation of the CMCA:

i.location, extent, timing and duration of the occupation

d.CMA structures:

i.effects on views and visual amenity

e.discharge of untreated wastewater overflows from an existing combined sewer network:

i.implementation and on-going maintenance of measures necessary to achieve the best practicable option for preventing or minimising the adverse effects of the wastewater discharges

ii.implementation of the wastewater network operations plan and the operational and maintenance programme

1. General - all activities:

a.construction or works methods, timing and hours of operation:

i.construction or works methods should avoid, remedy or mitigate adverse effects, particularly on water quality and sedimentation

ii.construction or works should be done at a time that will avoid or minimise, adverse effects on marine mammals, bird roosting, nesting and feeding, and recreational users of the CMA

iii.construction or works hours of operation should be limited to minimise effects of noise and disruption on existing activities, and on nearby residential and open space areas.

b.location, extent, design and materials:

i.the work should be located and designed to avoid, remedy or mitigate adverse effects on the environment

ii.the form, intensity and scale of works, structures and buildings should be sensitive to the marine environment and surrounding adjoining spaces.

iii.works and structures should ensure efficient use of the CMA is made by using the minimum area necessary for their purpose.

iv.the materials used should be compatible with the surrounding coastal environment, and where practicable be consistent with the natural materials at the site. This should take into account the physical characteristics of the materials used, including texture, colour, composition, grain size, level of contamination and potential for leaching.

c.effects on coastal processes, ecological values, water quality and natural character:

i.measures should be taken to avoid, remedy or mitigate adverse effects on coastal processes, ecological values, water quality and natural character.

d.effects on public access, navigation and safety:

i.effects on existing public access arrangements should be avoided by minimising the extent and duration of work and by providing alternative access routes where practicable.

ii.the proposed activity or development should not adversely affect navigation and safety.

iii.effects on vessel access and berthage should be avoided, remedied or mitigated.

iv.where possible, the layout of structures and activities should enhance public access, including pedestrian access, to the coastline and particularly to any areas of public open space.

v.any loss of public access to, along and within the CMA should be mitigated, including through provision of facilities such as public boat ramps, lookout platforms, and alternative access.

e.effects on existing uses and activities:

i.proposals should avoid, remedy or mitigate adverse effects on existing activities as far as practicable, taking into account both activities in the CMA and on adjacent land.

ii.activities should avoid, remedy or mitigate adverse effects on the amenity of adjacent residential and open space zoned land.

f.effects on Mana Whenua values:

i.the proposal should include an assessment of the cultural impact to Mana Whenua (Note: Chapter G General Provisions Treaty of Waitangi 2. General Rules and Special Information Requirements of the Unitary Plan provides guidance on this matter).

g.consent duration and monitoring:

i.consent duration should be limited to the minimum duration necessary for the functional or operational needs of the activity.

ii.consent duration may be limited to allow an adaptive management approach.

iii.monitoring may be required in order to demonstrate the extent and type of environmental effects of the activity, and the degree to which the effects are remedied or mitigated during and after the activity.

2. Activities in a SEA-Marine:

a.the proposed activity should not provide greater opportunities for the movement or introduction of animal and plant pests that threaten indigenous biodiversity.

b.proposals should avoid, remedy or mitigate any adverse effect on the ecology and wildlife of the area and, where relevant, on: 

i.nesting, feeding and breeding of species 

ii.biological processes 

iii.connections between ecosystems 

iv.the diversity of species 

v.the habitat of threatened or protected species, both terrestrial and aquatic

vi.cumulative effects.

c.the proposal should include an assessment of the extent to which: 

i.alternative methods or locations are available to the applicant to avoid effects on the identified values of the SEA-Marine

ii.the degree to which a reduction in water quality and/or the depositing of material will affect the natural ecological functioning of the area.

iii.existing use and development already, and in combination with any proposal, impacts on the habitat, or impedes the operation of ecological and physical processes

iv.there are similar habitat types within other SEA-Marine in the same harbour or estuary or, where the SEA-Marine is located on open coast, within the same vicinity.

v.there will be positive benefits for the ecological functioning and values of the SEA-M. 

d.structures in a SEA-Marine 1 should be established only where they are necessary for: 

i.scientific and research purposes or for public education and will enhance the understanding and long term protection of the SEA-Marine, or 

ii.navigation and safety, or 

iii.habitat maintenance and enhancement, or 

iv.their benefit to the regional and national community, including infrastructure, and there is no reasonable or practicable alternative location on land or elsewhere in the CMA 

e.any proposal to extend or alter any existing lawful structure in SEA-Marine 1 should demonstrate that all of the following apply: 

i.the existing structure has no significant adverse effect on the values and ecological and physical processes operating in the SEA-Marine 

ii.the extension or alteration does not involve significant disturbance of foreshore or seabed, clearance of indigenous vegetation, or significantly increase the need to dredge in order to obtain access to the structure from the CMA

iii.the purpose of the extension cannot practicably be met by a land based alternative.

3. Activities in an Outstanding Natural Features overlay:

a.the proposal should include an assessment of:

i.whether the nature, form and extent of the proposed works or activity adversely affects the feature or features for which the item was scheduled 

ii.whether the proposed works or activity adversely affect landscape values 

iii.the degree to which the feature or features have already been modified so that further modification will not cause significant additional loss of geological information 

iv.the extent to which the modification is necessary 

v.the purpose of the proposed works or activity and whether it has specific connections or relevance to the scheduled item 

vi.what alternative methods and locations are available to the applicant for carrying out the work or activities that do not affect a scheduled feature

vii.the extent to which the proposed works will protect the feature from further damage, such as erosion protection, or remediate it from previous damage. This excludes potential damage from the activity for which consent is sought.

4.Activities in a Outstanding Natural Landscapes (ONL) and Outstanding and High Natural Character (ONC and HNC) overlay: 

a.the proposal should include consideration of the potential impacts on landscape, natural character, visual, amenity and experiential values by assessing the extent to which:

i.the proposal will adversely affect amenity and identified natural character values, and whether the proposed mitigation measures can ensure there will be no more than minor effects on:

•amenity values or views, both from land and sea

•landscape and natural character values

•people's experience and values associated with an area, including the predominance of nature and wilderness values

ii.the siting of the building adversely affects the line and form of the landscape with particular regard to ridgelines, headlands and promontories 

iii.the building can be located in a less prominent location taking into account the characteristics of the site, and is located within an area that has the greatest potential to absorb change to the landscape 

iv.the building will be visually obtrusive from any public road or public place, including from beaches and the sea 

v.the location, scale, height, design, external appearance and overall form of the building is appropriate to the rural and coastal context, and the colours and material used for roofs, walls and windows is of low reflectivity and merges with the surrounding landscape 

vi.the building will result in adverse cumulative effects, having regard to other buildings or use and development 

vii.of adverse visual and ecological effects from any earthworks, landform modification and vegetation removal associated with creating a building platform, driveways or other servicing requirements

viii.the building, driveways and servicing are set back from MHWS to avoid being affected by coastal erosion, natural coastal hazards or sea level rise, taking into account predicted risk over a 100-year timeframe

ix.the proposed building or structure will impact on Mana Whenua values

x.the proposed building or structure has a functional need to be in the location proposed.

xi.the proposed building or structure will improve the resilience and security of the infrastructure network.

5. Activities in a Historic Heritage overlay:

a.refer to the criteria listed in the Historic heritage overlay rules.

6.Noise:

a.management of noise emissions from activities in the CMA should take into account:

i.the adverse effects on the health, well-being, and amenity values of the people who reside in or use the area

ii.the health and well-being of coastal and marine fauna from the noise associated with the proposal

iii.the extent to which the noise may add to a cumulative noise effect, taking into account the existing noise generated at or near the site

iv.the practicability of being able to control the noise levels

v.the extent to which any social and economic benefits to the community offset the impact of noise associated with the application

vi.the extent to which the effects of the noise will be mitigated.

7. Lighting:

a.refer to the assessment criteria in the Auckland-wide - Lighting rules.

8.Occupation:

a.occupation of the CMCA should be limited in spatial and temporal extent to minimise: 

i.the extent to which people will be excluded from using a structure, or by the activity, from the CMA 

ii.the effect the proposal may have on existing resource consent holders of occupation within the same locality or the vicinity 

iii.cumulative effects of the occupation.

b.occupation of the CMCA should be limited to circumstances where it can be demonstrated that: 

i.there are no similar areas, structures or activities nearby which could be utilised for the same or similar purpose 

ii.it is not practicable to locate the structure or activity on land outside the CMA 

iii.the use or development has a functional or operational need to locate in the CMA, or

iv.it is necessary to provide for the cultural and traditional needs of Mana Whenua.

c.exclusive occupation of the CMCA should not be granted where it will have a significant adverse effect on public access and recreational use of the CMA. 

d.the duration of rights of occupation should be determined having regard to the: 

i.extent of public use and access to the area and the impact of restrictions 

ii.level of investment in the development and need for security of tenure to ensure the financial and economic viability 

iii.land use and coastal development changes proposed in the vicinity through any statutory management strategies or plans

iv.term of other consents in the vicinity, and the strategic benefit of all consents in an area expiring simultaneously.

9. Minor reclamation for the purpose of maintaining, repairing or upgrading a lawful reclamation:

a.reclamations should, as far as practicable, mitigate adverse effects through their form and design, taking into account: 

i.the compatibility of the design with the location 

ii.the degree to which the materials used are visually compatible with the adjoining coast

iii.the ability to avoid consequential erosion and accretion, and other natural hazards.

b.the use of contaminated material in a reclamation should be avoided unless it is contained in a way that avoids adverse effects on water quality, aquatic ecosystems and biodiversity.

c.the minor reclamation should: 

i.have lesser adverse environmental effects than doing nothing or of removing the reclamation, or

ii.enable the efficient operation of infrastructure, including ports, marinas, airports, roads, pipelines, electricity transmission, railways, ferry terminals and electricity generation.

10. CMA depositing of material where the deposited sediment is extracted from within the same coastal cell and is between 1000m³ and 10,000m³ per calendar year and CMA depositing of material from outside the coastal cell, maximum of 10,000m³ per calendar year:

a.depositing of material should:

i.use methods to maximise retention of the deposited material within the coastal cell in which it is placed

ii.avoid the introduction of waste, contaminants or harmful aquatic organisms

iii.be designed to provide beach elevations and contours that provide environmental, scientific, cultural, amenity or social benefits, or is for erosion control.

11. River mouth dredging; dredging to maintain or gain access to an existing lawful structure; dredging to clear the exit of any lawful stormwater outfall or pipe (maximum of 5000m³, maximum of 500m length) and maintenance dredging in specified zones:

a.dredging should not: 

i.cause or exacerbate erosion or flooding within the CMA or on adjacent land 

ii.cause damage to existing lawful structures 

iii.result in the permanent loss of any habitat of a rare or endangered species 

iv.result in adverse effects on significant surf breaks identified in Appendix 6.3

b.dredging should minimise sediment or contaminant mobilisation and dispersal by using best practice methods and procedures, particularly for dredging contaminated sediments.

c.proposals for dredging should demonstrate that: 

i.there are no practicable alternative methods, locations or designs for the activity which would avoid or reduce the need for dredging 

ii.any bed disturbance and resulting turbidity or release of contaminants is localised and limited in duration so that there are no long-term adverse effects on the surrounding environment

d.maintenance dredging should be enabled where it provides for the ongoing use of Port, Minor Port, Marina, Ferry Terminal and Defence zones.

e.works should avoid effects on any sites or areas in the Significant Historic Heritage Place overlay.

12. Mangrove removal, and other pruning, vegetation alteration or vegetation removal, not otherwise provided for and mangrove removal to enable the operation, maintenance, use and functioning of existing lawful structures, infrastructure and drainage systems, to ensure public health and safety in the use or operation of infrastructure:

a.removal of mangroves, including seedlings, should be avoided in areas: 

i.where mangroves provide important ecological values 

ii.of active coastal erosion where mangroves provide a buffer against coastal processes causing erosion

iii.where the sediments contain high levels of contaminants at risk of being re-suspended.

b.proposals to remove mangroves may require an assessment of sediment inputs in the area and identification of catchment initiatives to reduce sediment and nutrient inputs.

c.mangrove removal should: 

i.minimise the disturbance of the foreshore and seabed, and sediment and contaminant discharges

ii.where practicable, dispose of removed mangroves outside the CMA using an appropriate method. Burning of removed mangroves in the CMA should be avoided

iii.not utilise a disposal method that results in significant adverse effects on the CMA where landward disposal is not proposed 

iv.take an adaptive management approach where a significant area of removal is proposed and there is uncertainty over the extent of adverse effects

v.provide for the long-term maintenance of cleared areas.

d.mangrove removal should be enabled where there is clear evidence that mangroves have spread and the proposed removal is necessary to enable, maintain, restore or enhance: 

i.public access to, or along, the CMA 

ii.connections with reserves or publicly owned land and the sea 

iii.public use and amenity values 

iv.water access and navigation, including waka portage routes 

v.public health and safety, including sightlines and traffic safety 

vi.access to the coast from marae, or to areas of customary use 

vii.ecological values, including significant wading bird feeding or roosting areas

viii.cultural or historic heritage or natural features.

e.mangrove removal should be enabled where there is no practicable alternative, and removal is necessary to allow for: 

i.the operation, maintenance and use of existing lawful structures, or infrastructure including drainage 

ii.the provision of infrastructure, including drainage systems that cannot practically be located in an alternative area, that would avoid the need for mangrove removal

iii.removal of areas identified for clearance in a reserve management plan, comprehensive coastal management plan or similar plan that has been subject to a public consultation process where the potential adverse effects have been considered.

13.Planting of native vegetation:

a.native plants should be planted in the CMA to:

i.enhance existing natural character and communities of native plants by using native plants that are consistent with the local native plants species and common to the location

ii.avoid any change to natural coastal processes, unless the planting is for the purpose of mitigating a coastal hazard.

14.Discharges:

a.facilities should be provided for the treatment, collection and disposal of any discharge where practicable.

15.

Discharge of wastewater from a combined sewer network:

a.the extent to which the proposed best practicable option:

i. prevents or minimises adverse effects particularly on public health, safety and amenity, potable water supplies, Mana Whenua values, freshwater systems and coastal waters

ii. provides for wastewater discharges generated as a result of potential urban growth, urban redevelopment, and land use intensification within the catchment, taking into account the growth and intensification provisions of the Unitary Plan

iii. progressively reduces overflows and associated adverse effects, and the priorities and timeframes for doing so, having particular regard to:

• areas of contact recreation and public use

• receiving environments that are sensitive to the adverse effects of wastewater overflows

• areas with high Mana Whenua values

iv. takes account of consultation with key stakeholders, including Mana Whenua and the community

v. considers potential impacts on stormwater management.

b.whether the operations and maintenance plans and programmes provided will ensure the effective operation of the combined sewer network and minimise dry weather discharges.

c.whether the response procedures and processes provided will mitigate the adverse effects of overflows.

16.CMA structures and buildings:

a.proposals for structures in the CMA should consider whether more efficient use of space on existing wharves or adjacent land would avoid the need for the structure or reduce its size.

b.CMA structures should be limited to those that have a functional or operational need to be located in the CMA, or that are for infrastructure that cannot reasonably or practicably be located outside of the CMA.

c.the quality of building design and its location should acknowledge the high visibility of coastal sites from surrounding areas, whilst acknowledging the functional and operational requirements of marine and port activities where relevant. This will include consideration of scale, size, design and external appearance.

d.the building material used for structures should be appropriately marine-treated, or if relocated or recycled building material is used, be treated to prevent the transference or introduction of harmful aquatic organisms.

e.buildings in the CMA should have interactive frontages where they face public streets and access ways, where practicable, to enable public experience of activities within the buildings.

f.developments should use landscape and screening treatments to minimise adverse visual effects on adjoining land uses, including the effective screening of parking areas and outside storage or servicing areas.

g.the reconstruction or extension of existing structures should: 

i.not have significant adverse effects on other uses and values 

ii.result in greater, more efficient, or multiple use of the structure for marine activities

iii.reduce the need for a new structure elsewhere.

h.proposals should make efficient use and development of natural and physical resources.

17.Effects on views and visual amenity:

a.structures and buildings should not adversely affect the natural character, landscape and visual amenity of the area taking into account the following:

i.visual dominance of the building in terms of views from adjoining areas including the CMA

ii.interface and amenity of adjacent zones, particularly residential

iii.scale and location of the proposed building in relation to any nearby buildings

iv.the type, including colour, of exterior materials used for construction

v.any lighting proposed on the building

vi.any signs proposed to be attached to or painted on proposed building.

b.the height of the structure or building should not contribute to adverse cumulative effects of development in the area, taking into account:

i.visual amenity of the area

ii.scale and intensity of existing development

iii.character of the zone.

1. An application for aquaculture activities must be accompanied by a management plan which includes:

a. details about the design, including:

i. the location, size, dimensions and layout of the proposed application site

ii. marine farming structures accurately identified on appropriately scaled topographic or hydrographic maps

iii. co-ordinates, using the NZTM co-ordinate systems

iv. proposed staging of development (if applicable)

v. the minimum distance to the shoreline from the proposed marine farm

vi. proximity to other aquaculture activities

vii. mooring and land-based facility requirements

viii.type and placement of navigational and safety markings

b. a description of operations, including:

i. culture method to be used

ii. stock including species, geographic source, intended stocking density

iii. type and quantity of feed expected to be used

iv. information on medicinal and therapeutic compounds which may be used

v. how the farm will be accessed

vi. method to be used for crop harvesting

vii. activities intended for land-based facilities

c. the effects footprint or extent of the aquatic environment potentially affected by the proposed aquaculture activity

d. a description of methods to manage likely effects associated with:

i. depositing material in the CMA or on land

ii. discharge of contaminants into the CMA

iii. disturbance of the foreshore or seabed

iv. disposal of non-sale crop

v. collection and disposal of non-biodegradable material

vi. biosecurity vector risk management

vii. public access exclusion or effective exclusion from areas of the CMA, or restriction of occupied or used areas of the CMA, or from access to and along the foreshore

e. monitoring and reporting proposed in relation to the above measures.