This chapter provides for activities on the surface of the water throughout the district. The Waikato River and associated hydro lakes, and other waterways in the district primarily adjoin land within the GRUZ, RLZ, and the SPZ-ELG. These zone provisions manage land-uses along the margins of rivers, lakes and other waterbodies in the district, with the provisions in this chapter managing activities on the surface of the water.
The Waikato River, Te Waihou River and other waterbodies in the district have significant natural, landscape, cultural, recreational and historic values that need to be recognised and protected. The RMA requires that the natural character of lakes and rivers be preserved as a matter of national importance. Restoring and protecting the health and wellbeing of the waterbodies in the Waikato catchment is also essential to achieve the Vision and Strategy for the Waikato River. However, it is recognised that the levels of use on the district’s waterways currently are relatively low, and therefore the district plan takes a permissive management approach.
Recreational use of waterways is transient in nature and normally does not involve permanent structures. The potential effects associated with such uses are generally minimal and short-term. Commercial and tourism operations involving motorised craft can have greater effects given the more intensive and repetitive nature of such operations, and sometimes the need for permanent structures. Therefore, commercial activities and the construction of permanent structures on the surface of the water are subject to the greatest levels of control in recognition of their potential to cause conflict with other users, and to adversely affect the natural character and amenity values of waterways and adjoining land-uses. Noise associated with the use of motorised craft can affect the experience of other users of the lakes and rivers and also affect other adjoining land-uses.
The provisions have also recognised the existence of hydroelectric generation activities along the Waikato River within the electricity generation core sites. These activities involve temporary and permanent structures and activities on the surface of the river. While the provisions of the SPZ-ELG apply to land covered by water (i.e. the riverbed), the following rules have sought to provide for hydro-related activities on the surface of the water itself.
Powers and duties relating to waterbodies are split between several organisations, with the Regional Council managing navigation safety issues through a bylaw, and also controlling structures on the bed of the lake or river. The role of the district council is to manage activities on or over the surface of the water. The provisions have sought to avoid duplication of responsibilities, although the assessment criteria for discretionary activities do include such matters as public safety and conflict between users when considering consent applications for activities on the surface of the water.
To identify and address possible effects from activities in rural areas in catchments in the district, and on the health and wellbeing of the Waikato River and its catchment during decision making.
To safeguard the significant historical, cultural, landscape, natural and recreational values associated with the high-quality water resources of Te Waihou River and its tributaries.
To safeguard the significant historical, cultural, landscape, ecological, indigenous biodiversity, natural and recreational values of the Waikato River and its margins while enabling existing rural land-uses and electricity generating infrastructure and electricity transmission and distribution lines
To maintain and enhance public access to lakes and rivers in the district, particularly those locations identified as being of high priority due to their ecological or recreational values, where public access is compatible with protecting ecological values
Promote land management practices that are consistent with:
(a) The productive capabilities of the soil/land resource,
(b) The natural character of wetlands, lakes and rivers and their margins,
(c) The protection of significant natural areas, outstanding natural features and landscapes, and
(d) The maintenance or enhancement of indigenous biodiversity
Promote rural lifestyle development only in zoned locations which:
(a) Achieve cluster development, and avoids the layout of lots in a lineal pattern along roads
(b) Separates access and through-traffic functions in an effective manner
(c) Requires adequate separation distance from the Waikato River and hydroelectric power operating easements
(d) Requires adequate separation distance between the national electricity transmission lines and new rural lifestyle development
(e) Safeguards the landscape character, visual amenity and biodiversity values of the Waikato River valley by encouraging development to be sited and designed to be sympathetic with the landform and landscape, and existing vegetation, and the building materials and cladding of structures do not dominate the outlook visually or physically from or to the locality.
(f) Avoids, remedies or mitigates reverse sensitivity effects, including by imposing appropriate standards and conditions on development
To achieve the Objectives of the Vision and Strategy for the Waikato River by managing subdivision and land-use within rural areas located within the River catchment in a way that restores and protects the health and wellbeing of the Waikato River, including by:
(a) Limiting rural lifestyle development to specific zoned areas
(b) controlling hazardous substances use and storage
(c) requiring setbacks from waterways
(d) including standards for vegetation disturbance, earthworks, silt and stormwater control
(e) managing the effects of large-scale land-use change
(f) maintaining significant indigenous biodiversity associated with the River
(g) managing activities on the surface of waterways
(h) creation of new esplanade reserves or esplanade strips
ASW-R1 PER Activities |
Subject to |
(1) Use of non-motorised vessels, except commercial activities |
(a) Maimai shall not exceed 10 square metres in area. (b) ASW-R4 where relevant |
(2) Fishing, food gathering and recreational activities | |
(3) Maimai | |
(4) Moored vessels including the mooring | |
(5) Any existing permanent structure on the surface of the water that was lawfully established prior to 7 November 2012 | |
(6) Any commercial or tourism activity, or event, on the surface of the water involving a motorised vessel that was lawfully established prior to 7 November 2012 | |
(7) Use of motorised vessels, except those listed in Rule ASW-R3 | |
(8) Structures and activities on the surface of the water ancillary to hydroelectric power generation on waterbodies located within the SPZ-ELG | |
(9) Safety signage or buoys erected under the authority of the WRC | |
ASW-R2 RDIS Activities |
Subject to |
(1) Any activity listed in ASW-R1 that does not conform to the standards |
Matters of discretion (a) The size of any proposed structure compared to the width of the waterway (i.e. to ensure other users and the water flow are not impeded) (b) Potential conflicts with other users (recognising other people’s rights and whether compromises are needed on either side) (c) Position in relation to the main channel/ main boating routes (ensuring main routes are not impeded) (d) Whether public will have access to the structure. (e) AA-R3(2)(a) to (h) (f) ASW-R4 where relevant |
ASW-R3 DIS Activities |
Subject to |
Activities on the surface of the water that are not PER or RDIS |
Matters of discretion Any relevant standards as a guide and AA-R4(1) (a) The effect of surface water activities, particularly involving motorised vessels, on public enjoyment and recreational use of lakes, rivers and adjoining areas, including watercraft operators (b) The effect that permanent structures and surface water activities have, including positive effects, on the recreational, ecological, landscape, and cultural values of the waterbody and margins, including the significant natural areas identified in SCHED3-SNAs (c) The effect of the activity upon the health and wellbeing of the Waikato River (d) ASW-R4 where relevant |
(1) Any commercial or tourism activity, whether involving motorised vessels or not, if not lawfully established prior to 7 November 2012 | |
(2) Any community event for motorised vessels if not lawfully established prior to 7 November 2012 | |
(3) Any permanent structure on the surface of the water, other than structures permitted by ASW-R1, if not lawfully established prior to 7 November 2012 |
The following may also be relevant:
(1) Section 7.1 Energy, 7.2 Infrastructure, 7.3 Transportation
(2) Section 8.1 Contaminated Land, 8.2 Hazardous Substances, 8.3 Natural Hazards
(3) Section 9.1 Historic Heritage
(4) Section 10.1 Ecosystems and Indigenous Biodiversity, 10.2 Natural Character, 10.3 Natural Features and Landscapes, 10.4 Public Access
(5) Section 12.1 All Activities
(6) Section 12.3 Air Emissions, 12.6 Light, 12.7 Noise, 12.8 Signs, 12.9 Temporary Activities
(7) Part 3- Any relevant zone or overlay
The district plan has an important role protecting the productive potential and the numerous other natural and ecological values of the rural land resource. The use of zoning and activity lists and performance standards aims to ensure sustainable use of the productive potential of the rural area continues. This approach will safeguard the natural and physical resources of the rural area for future generations and maximise the continued significant contribution of land-based activities and processing industries to the district’s economic progress. This includes the provision of ecosystem services such as food and clean water, flood and disease control, and spiritual and cultural benefits.
The Waikato Regional Council manages navigation safety (including vessels, people, hazards and associated activities) on navigable rivers in the region through the Navigation Safety Bylaw. It aims to ensure the safety of users on these waterways and sets out safe practices for people using the lakes and rivers for water-skiing, swimming, boating, kayaking or other activities, by seeking to reduce the conflicts between different activities. The exclusion zone required in the Navigation Safety Bylaw between hydro dams and activities on the surface of the water is 200 metres.
Structures associated with surface water activities that are attached to the bed of lakes and rivers may also require resource consent from the Regional Council.
Moorings permitted under ASW-R1(4) above do not include the part of the mooring fixed to the bed of the river or lake, which may need consent from the Regional Council.
Any organised temporary event involving people or vessels may also require a Navigation Safety temporary event permit from the Regional Council, to suspend speed provisions or reserve an area of the waterways, for the purpose of ensuring safety standards are met for event participants and for the general public.
That the natural character of lakes and rivers in the district and the health and wellbeing of the Waikato River and its catchments, is not detrimentally affected by activities on the surface of the water.
That the recreational usage of waterways is not restricted to enable the public to access, use and enjoy the lakes and rivers in the district.
That commercial operations on the surface of the water, and the presence of permanent structures, are controlled to manage effects in respect of natural, landscape, cultural, recreational and historic values of waterways, and the potential effects on amenity values.
Noise from non-recreational surface water activities is managed to preserve the amenity values of residents in adjoining zones.
That structures and activities on the surface of the water related to hydro-electric power generation are provided for.