South Waikato District Plan

3 Interpretation

3.1 Definitions

The following meanings are to be applied to the terms listed below, unless stated otherwise within the district plan text.  If a term is not defined below but is defined in Section 2 of the Resource Management Act 1991, then the term has the meaning stated in the Act.  Bold and Italic entries are explanations of Māori terms used in the plan rather than strict definitions. Those that are Italic entries only are those that are defined under legislation.

 

Term 

Definition

Accessory building

means a detached building, the use of which is ancillary to the use of any building, buildings or activity that is or could be lawfully established on the same site but does not include any minor residential unit.

Accessway

means any land, not being a road, which is intended to provide vehicular access over private land.

Adequate(in relation to water supply)

means sufficient in terms of flows and residual pressure for uses provided for in the district plan to be undertaken on the site.

Aerial

means an antenna or similar communication device formed by a rod, wire, panel or dish by which radio, television, telephone or electromagnetic signals are transmitted or received.

Agricultural contractors’ depots

means offices, storage buildings, plant and machinery used for the purposes of agricultural contracting, including ancillary activities and transport depots relating to the transportation of agricultural and horticultural produce, including livestock.  Agricultural contractors’ depots include the repair, servicing and maintenance of rural-based vehicles or machinery.

Ahi-kā-roa

Literally keeping the fires burning on the land.  Refers to the way in which the rights to occupy land and use resources are kept alive. This concept is linked with mana whenua, the idea of maintaining strong links to areas by occupation gives a sense of higher and senior priority over decision-making.

Aircraft landing areas, aerodromes and associated facilities

means the operation of landing strips and associated facilities and structures on private land for helicopters or fixed wing aircraft, to undertake activities such as top-dressing fertiliser application, spraying and similar uses related to farming and forestry activities.

Allotment (or lot)

Has the same meaning as in Section 218 of the RMA as set out below:

“(2) In this Act, the term allotment means—

(a) any parcel of land under the Land Transfer Act 2017 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not—

(i)   the subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or

(ii)  a subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or

(b) any parcel of land or building or part of a building that is shown or identified separately—

(i) on a survey plan; or

(ii) on a licence within the meaning of subpart 6 of Part 3 of the Land Transfer Act 2017; or

(c) any unit on a unit plan; or

(d) any parcel of land not subject to the Land Transfer Act 2017.

(3) For the purposes of subsection (2), an allotment that is—

(a) subject to the Land Transfer Act 2017 and is comprised in 1 record of title or for which 1 record of title could be issued under that Act; or

(b) not subject to that Act and was acquired by its owner under 1 instrument of conveyance—

shall be deemed to be a continuous area of land notwithstanding that part of it is physically separated from any other part by a road or in any other manner whatsoever, unless the division of the allotment into such parts has been allowed by a subdivision consent granted under this Act or by a subdivisional approval under any former enactment relating to the subdivision of land.

(4) For the purposes of subsection (2), the balance of any land from which any allotment is being or has been subdivided is deemed to be an allotment”.

 

Amenity values

has the same meaning as in section 2 of the RMA as set out below:

“means those natural or physical qualities and characteristics of an area that contribute to people’s appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes”.

Ancillary activity

means an activity that supports and is subsidiary to a primary activity.

Average lot size

means the total land area of the parent lot comprising a subdivision, divided by the number of all new allotments created by that subdivision.

Bed (in relation to rivers and lakes)

has the same meaning as in Section 2 of the RMA as set out below:

“means—

(a) in relation to any river—

(i)   for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the river cover at its annual fullest flow without overtopping its banks:

(ii)  in all other cases, the space of land which the waters of the river cover at its fullest flow without overtopping its banks; and

(b) in relation to any lake, except a lake controlled by artificial means,—

(i)   for the purposes of esplanade reserves, esplanade strips, and subdivision, the space of land which the waters of the lake cover at its annual highest level without exceeding its margin:

(ii)  in all other cases, the space of land which the waters of the lake cover at its highest level without exceeding its margin; and

(c)  in relation to any lake controlled by artificial means, the space of land which the waters of the lake cover at its maximum permitted operating level; and

(d)  in relation to the sea, the submarine areas covered by the internal waters and the territorial sea”.

Bore

means any hole drilled or constructed in the ground that is used to:

investigate or monitor conditions below the ground surface; or

abstract gaseous or liquid substances from the ground; or

discharge gaseous or liquid substances into the ground;

but it excludes test pits, trenches, soak holes, and soakage pits.

Boundary

means the legal boundary of the site.  In the case of there being more than one detached residential unit on a property, it is defined by the notional boundary of a complying net site area.  In relation to cross-lease titles, the boundary is defined by the restrictive covenant area, and in relation to unit titles, the boundary is the accessory unit associated with the principal unit.

Boundary adjustment

means a subdivision that alters the existing boundaries between adjoining allotments, without altering the number of allotments.

Building

means a temporary or permanent movable or immovable physical construction that is:

partially or fully roofed; and

fixed or located on or in land, but

excludes any motorised vehicle or other mode of transport that could be moved under its own power.

Building coverage

means the percentage of the net site area covered by the building footprint.

Building footprint

means, in relation to building coverage, the total area of buildings at ground floor level together with the area of any section of any of those buildings that extends out beyond the ground floor level limits of the building and overhangs the ground.

Built Heritage Feature

means a building, structure, object, site or place, and all associated elements that have been identified as having heritage value in SCHED1-HH.

Buildings housing animals

means, but is not limited to, buildings used for accommodating livestock or farmed animals, either overnight or for a period during the day, and includes cow milking sheds, calf sheds, buildings used to house intensive indoor primary production, poultry farming buildings, feed pads, animal boarding facilities and stables. Buildings housing animals do not include residential units accommodating household pets such as cats and dogs.

Building platform

means land that is suitable and practical for accommodating a residential unit or other intended building, having regard to soil conditions, gradient, access, natural hazards, indigenous vegetation and habitat, amenity values, health and safety, all in terms of the Building Act 2004 and Council’s WRITS.

Building setback

means the distance from the site boundary (or other feature as specified in the rule) which is required to be free, unoccupied or unobstructed by buildings from the ground upwards. 

Excluded from the building setback requirement are eaves up to 600mm into the setback, rainwater tanks, solar hot water and small-scale energy generating devices (including photo-voltaic panels and wind turbines); provided compliance is achieved with the maximum building height standard for the zone.

Cafes and restaurants

means premises where meals are sold, whether or not the premises are licensed under the Sale of Liquor Act 1989, and ancillary activities.

Caretaker’s accommodation

means a building or part of a building used for accommodation of a caretaker, security staff, or other staff required to be located on-site, that is ancillary to the primary industrial or commercial activity on the site.

Carparks

means car parking areas established specifically to be used for car parking, either in association with an activity on the same site, or for car parking as the primary activity on the site.

Cemeteries, urupā and crematoria

means land and building used for burial or cremating of deceased people

Cleanfill material

means virgin excavated natural materials including clay, gravel, sand, soil and rock that are free of:

(a) combustible, putrescible, degradable or leachable components;

(b) hazardous substances and materials;

(c) products and materials derived from hazardous waste treatment, stabilisation or disposal practices;

(d) medical and veterinary wastes, asbestos, and radioactive substances;

(e) contaminated soil and other contaminated materials; and

(f) liquid wastes.

Commercial activity

Means any activity trading in goods, equipment or services.  It includes any ancillary activity to the commercial activity (for example administrative or head offices).

Commercial services

means commercial premises offering services with functions and characteristics that are similar to retail activities, and includes banks, real estate premises, insurance premises, hairdressers, cycle hire and repair, information centres and travel agents.

Commercial and general aviation activities

means aviation related activities and facilities, including the use of buildings for aircraft (fixed wing and non-fixed wing) assembly and maintenance, aviation related storage facilities and hangars, helipads, control towers and navigational systems, and emergency services.

Commercial tourism and recreational activities

means visitor and tourist-related commercial activities and facilities, primarily but not exclusively focused on outdoor recreation involving active and passive recreation pursuits, and eco-tourism operations.  Such activities could include providing commercial guiding, training and instruction for primarily outdoor recreational purposes, the transportation of clients to and from other locations, and can include ancillary retail activities, visitor centres, restaurants, cafes, and conference facilities.

Community care housing

means housing and ancillary activities managed by any public authority, religious institution or organisation for the rehabilitation or care of any group.  It includes emergency housing, housing for battered women, housing for persons with disabilities, “halfway houses”, and therapeutic or convalescent homes for psychiatric or former psychiatric patients.

Community event

means a social, cultural, sporting or recreational event on land or the surface of water, involving relatively large groups of people engaged in recreational, leisure or similar pursuits either as participants or spectators, and includes sports meetings, carnivals, fairs, markets, craft or trade fairs, exhibitions, and displays, and associated temporary buildings and car parks.

Community facility

means lands and buildings used by members of the community for recreational, sporting, cultural, safety, health, welfare or worship purposes. It includes provision for any ancillary activity that assists with the operation of the community facility.

Community scale renewable energy development

means the construction, operation, maintenance and upgrade of equipment for generating electricity from renewable resources (including associated structures), for the purpose of using electricity on a particular site or supplying an immediate community (within 10km of the site of generation), where installed generation capacity does not exceed 1.5 megawatts.

Construction or re-construction of buildings

means for the purposes of TCZ PREC2-Tirau, any alterations to the exterior of a building where the alterations involve a wall facing towards the front boundary of the property, and the alterations are visible from the street.

 

Contaminant

has the same meaning as in Section 2 of the RMA as set out below:

“includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat—

(a) when discharged into water, changes or is likely to change the physical, chemical, or biological condition of water; or

(b) when discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged”.

Contaminated land

has the same meaning as in Section 2 of the RMA as set out below:

“means land that has a hazardous substance in or on it that—

(a) has significant adverse effects on the environment; or

(b) is reasonably likely to have significant adverse effects on the environment”.

Country halls

a hall or similar public building and ancillary activities located on public land for the purpose of facilitating local community events or meetings. 

Craft workshops and studios

means an activity involving the production and sale of arts and crafts produced on the site, which need not be ancillary to the residential activity of the site.  The activity can be located either within a residential unit or accessory building, or the grounds of the residential property.

Cultivation

means the alteration or disturbance of land (or any matter constituting the land including soil, clay, sand, and rock) for the purpose of sowing, growing, or harvesting of pasture or crops.

Development

means works to establish or operate a land use on a property and can include construction activity and the disturbance of the land surface.

Designation

means land subject to a requirement of a requiring authority for a public work or project, pursuant to Section 166 of the Act. 

Discharge

has the same meaning as in Section 2 of the RMA as set out below:

“includes emit, deposit, and allow to escape”.

Dish Antenna

means any flat, concave, circular, parabolic or similar shaped communication apparatus used for transmission or reception, including the aerial mounting but not any supporting radio mast or similar structure.  This definition includes any satellite dish.

Domestic scale renewable energy devices

means renewable energy development providing energy supply capacity to no more than a single household or business premises. Generally involves using micro electricity technologies to generate electricity to meet on-site needs or to convert energy resources into local energy services (such as hot water or space heating).

Drive Through Restaurant

Means any land and/or building with service where food and beverages are served and sold to the public in their vehicles, for consumption on or off the premises, and may include a café and/or playground area.

Drain

means any artificial watercourse designed, constructed, or used for the drainage of the surface or subsurface water, but excludes artificial watercourses used for the conveyance of water for electricity generation, irrigation, or water supply purposes.

Drinking water

means water intended to be used for human consumption; and it includes water intended to be used for food preparation, utensil washing, and oral or other personal hygiene.

Dust

means all non-combusted solid particulate matter that is suspended in the air or has settled after being airborne. Dust may be derived from materials including rock, sand, cement, fertiliser, coal, soil, paint, animal products, and wood.

Earthworks

means the alteration or disturbance of land, including by moving, removing, placing, blading, cutting, contouring, filling, or excavation of earth (or any matter constituting the land including soil, clay, sand, and rock); but excludes gardening, cultivation, and disturbance of land for the installation of fence posts.

Edge (in relation to measuring setbacks from a wetland)

means the furthest extent or boundary of the land that meets the definition of a wetland within this plan.

Educational facility

 

means land or buildings used for teaching or training by childcare services, schools, or tertiary education services, including any ancillary activities.

 

Effect

has the same meaning as in Section 3 of the RMA as set out below:

“includes –

a) any positive or adverse effect; and

b) any temporary or permanent effect; and

c) any past, present, or future effect; and

d) any cumulative effect which arises over time or in the combination with other effects –

regardless of the scale, intensity, duration, or frequency of the effect, and also includes –

e) any potential effect of high probability; and

f) any potential effect of low probability which has a high potential impact”.

Electricity generation core site

means a site enabling the operation of electricity generation, through the use of electricity generating infrastructure, network utilities, dams, spillways, power houses and associated generation equipment, switch yards, electricity transmission, distribution lines and associated wires and transformers.

Electricity generating infrastructure

means infrastructure used specifically for the generation of electricity including but not limited to:

a) pipelines that distribute or transmit natural or manufactured gas, petroleum or geothermal energy

b) facilities (including buildings and structures) for the generation of electricity, lines used or intended to be used to convey electricity, and support structures for lines used or intended to be used to convey electricity.

Electricity transmission and distribution lines

means lines and support structures for conveying electricity and includes electricity sub-transmission lines.

Emergency Service Facilities

means those facilities of authorities which are responsible for the safety and welfare of the people and property in the community, and includes fire stations, ambulance stations and police stations.

Entrance strip

means a strip of land created for the purpose of providing legal access to a property that requires access to a public road.  

Environment

has the same meaning as in Section 2 of the Resource Management Act 1991:

“includes—

(a) ecosystems and their constituent parts, including people and communities; and

(b) all natural and physical resources; and

(c) amenity values; and

(d) the social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) or which are affected by those matters”.

Esplanade reserve

 has the same meaning as in Section 2 of the RMA as set out below:

 

“means a reserve within the meaning of the Reserves Act 1977—

(a) which is either—

(i)   a local purpose reserve within the meaning of section 23 of that Act, if vested in the territorial authority under section 239; or

(ii)   a reserve vested in the Crown or a regional council under section 237D; and

(b)    which is vested in the territorial authority, regional council, or the Crown for a purpose or purposes set out in section 229”.

Esplanade strip

 has the same meaning as in Section 2 of the RMA as set out below:

 

“Means a strip of land created by the registration of an instrument in accordance with Section 232 for a purpose or purposes set out in Section 229”.

Fertiliser

means a substance or biological compound, or mix of substances or biological compounds in solid or liquid form, that is described as, or held out to be suitable for, sustaining or increasing the growth, productivity or quality if soils, plants or, indirectly, animals through the applications to plants or soil of any of the following:

a)   nitrogen, phosphorus, potassium, sulphur, magnesium, calcium, chlorine, and sodium as major nutrients; or

b)   manganese, iron, zinc, copper, boron, cobalt, molybdenum, iodine, and selenium as minor nutrients; or

c)   fertiliser additives to facilitate the uptake and use of nutrients; or

d) non-nutrient attributes of the materials used in fertiliser.

It does not include livestock effluent, human effluent, substances containing pathogens, or substances that are plant growth regulators that modify the physiological functions of plants.

Financial contribution

means a contribution paid to Council in the form of money or land as part of a subdivision consent pursuant to Section 108 of the Act.

Forestry

means the management of land for commercial wood production, inclusive of all phases of the production cycle including ground and or vegetation clearance for access and planting, planting (and re-planting), thinning, spraying, pruning and maintenance, construction and maintenance of forest roads and landings, felling and the extraction of timber from the site.  Forestry includes any quarrying or gravel extraction activities on the site associated with private access road formation, any traffic movements associated with the production cycle, and forestry-related scientific or research activities.

 

The term forestry also includes any planting and management of trees for water and soil conservation, carbon sequestration, shelter belts, and farm-forestry activities that are not necessarily commercial-scale wood production.   

The term forestry also includes the spreading of agricultural effluent, or the spraying or spreading of liquid by-products or wastes as a fertiliser or for irrigation purposes, in accordance with regional consent (if required), and the sustainable management of indigenous forests in accordance with the Forests Amendment Act 1993.

 

For the purposes of this plan the term forestry excludes associated processing activities such as sawmills, pulp and paper production and other wood processing facilities, except for the operation of mobile sawmill facilities on a site for no longer than 3 months in any 12-month period.

Fresh water

has the same meaning as in Section 2 of the RMA as set out below:

“means all water except coastal water and geothermal water”.

Front boundary

means a boundary or boundaries (where a corner site) that borders a road.  

Front site

means a site having one or more frontages to a street or road.

Golf courses and associated clubhouses

means land and buildings used for the playing of golf, including grounds maintenance sheds, practice facilities, and buildings accommodating members’ facilities with any ancillary bar, restaurant and retail facilities.

Gross floor areaor GFA

means the sum of the total area of all floors of a building or buildings (including any void area in each of those floors, such as service shafts, liftwells, or stairwells) measured:

a) where there are exterior walls, from the exterior faces of those exterior walls;

b) where there are walls separating two buildings, from the centre lines of the walls separating the two buildings;

c) where a wall or walls are lacking (for example – a mezzanine floor) and the edge of the floor is discernible from the edge of the floor.

Ground level

means:

a)   the actual finished surface level of the ground after the most recent subdivision that created at least one additional allotment was completed (when the record of title is created);

b)   if the ground level cannot be identified under paragraph (a), the existing surface level of the ground;

c)   if, in any case under paragraph (a) or (b), a retaining wall or retaining structure is located on the boundary, the level on the exterior surface of the retaining wall or retaining structure where it intersects the boundary.

Hapū

means collections of whānau groups living together in close location to one another and who extend from a common ancestor.

Hazardous substance

Has the same meaning as in Section 2 of the RMA, as set out below:

“includes, but is not limited to, any substance defined in section 2 of the Hazardous Substances and New Organisms Act 1996 as a hazardous substance. The Hazardous Substances and New Organisms Act 1996 defines hazardous substances as meaning, unless expressly provided otherwise by regulations or an EPA notice, any substance —

(a) with 1 or more of the following intrinsic properties:

(i) explosiveness:

(ii) flammability:

(iii) a capacity to oxidise:

(iv) corrosiveness:

(v) toxicity (including chronic toxicity):

(vi) ecotoxicity, with or without bioaccumulation; or

(b) which on contact with air or water (other than air or water where the temperature or pressure has been artificially increased or decreased) generates a substance with any 1 or more of the properties specified in paragraph (a).  

Health care services

means land and buildings used for the purposes of providing healthcare to the community, performed by duly qualified practitioners or by persons in their employ, and includes but is not limited to medical centres, medical practitioners, dentists, optometrists, acupuncturists, osteopaths, and persons involved in alternative forms of medicine, and includes diagnostic laboratories.

Height

means the vertical distance between a specified reference point and the highest part of any feature, structure, or building above that point.

Height in relation to boundary

means the height of a structure, building, or feature, relative to its distance from either the boundary of:

a) a site; or

b) another specified reference point

 

A diagram of height and ground level

Description automatically generated

Historic heritage

has the same meaning as in Section 2 of the Resource Management Act 1991, as set out below:

“a)   means those natural and physical resources that contribute to an understanding and appreciation of New Zealand’s history and cultures, deriving from any of the following qualities:

(i)  archaeological:

(ii)  architectural:

(iii)  cultural:

(iv)  historic:

(v)  scientific:

(vi)  technological; and

b) includes —

(i) historic sites, structures, places, and areas; and

(ii) archaeological sites; and

(iii) sites of significance to Māori, including wāhi tapu; and

(iv) surroundings associated with the natural and physical resources.

Home business

means a commercial activity that is:

a) undertaken or operated by at least one resident of the site; and

b) incidental to the use of the site for a residential activity.

Hospitals and Homes for the Aged

means institutions and facilities that provide supervised residential accommodation and care for elderly persons, at a scale beyond that of a domestic residential unit.  It includes nursing homes, retirement villages, managed care facilities, and geriatric hospitals, with associated medical facilities and ancillary activities

Household Unit Equivalents or HUEs

means the measurement method used in Council’s Development and Financial Contributions Policy (April 2020), based on a normal home and the demands it typically places on Council’s infrastructure. The demand characteristics of each HUE, which represents an average household living in a single dwelling, are as follows:

 

Service

Unit of measurement

Demand per HUE

Water

Litres per day

600 litres per day

Wastewater

Litres per day

540 litres per day

Reserves

People

2.7 people

Table 1: HUE demand characteristics

 

Retirement units and accommodation units will be assessed as 0.5 HUEs for each service.

For non-residential developments the number of HUEs for water and wastewater will be assessed based on gross floor area under Table 2 below, unless Council decides to make a special assessment for a development:

 

Table 2: HUE per 100 m2 GFA

Service

HUE

Water

0.4

Wastewater

0.4    

Housing for the Elderly

means housing managed for the purpose of providing residential accommodation for elderly personsand ancillary activities, under the management of Council or a charitable institution.

Hydroelectric power operating easements

means easements held by Mercury Energy Ltd over water and land for the purposes of operating the Waikato hydroelectric power system.

Hydroelectric power generating infrastructure

means hydro dams, spillways, power houses and associated electricity generating infrastructure, switch yards and associated wires and transformers operated for the purpose of generating electricity.

Indigenous biodiversity

means the variability among living organisms, and ecosystem complexes of which they are a part, including diversity within species, between species, and of ecosystems that are native to New Zealand.

Indigenous Vegetation

means vegetation comprising cover of predominantly indigenous species (i.e. species occurring naturally in New Zealand, without the aid of humans) that occur naturally in a particular locality within South Waikato District, including vegetation that has regenerated naturally or that has established with human assistance following disturbance or as mitigation for another activity.

Indigenous Vegetation Clearance

means cutting, spraying, burning, crushing or otherwise killing or removing indigenous vegetation.

Indoor sporting and recreation facilities provided for in a reserve management plan

means facilities such as gymnasiums, recreation buildings, community centres, clubrooms,and ancillary activities managed for the purpose of providing community-based recreation and sports, located on land administered as reserves.

Industrial activity

means an activity that manufactures, fabricates, processes, packages, distributes, repairs, stores, or disposes of materials (including raw, processed, or partly processed materials) or goods. It includes ancillary activity to the industrial activity.

Industry ancillary to farming or forestry

means ‘down-stream’ processing and packaging facilities for farming, forestry, and other primary production activities, and any rural industry that is dependent primarily on the direct handling of raw produce, or that supplies services to farming, horticulture, intensive indoor primary production, or forestry. Includes premises used for the manufacture of dairy products, abattoirs, timber processing, stock yards and saleyards, cool stores and pack houses.

Industry ancillary to or associated with mineral exploration, mining and quarrying

means any activity (including any necessary buildings and structures) that has a functional relationship either with the mineral being explored, mined or quarried, or the mineral exploration, mining and quarrying activity itself, including but not limited to concrete batching plants, asphalt plants, and fill disposal sites.

Intensive indoor primary production

means primary production activities that principally occur within buildings and involve growing fungi, or keeping or rearing livestock (excluding calf-rearing for a specified time period) or poultry.

Integrated Development

means the subdivision and development of allotments, roading and other public amenities, for which a resource consent is granted concurrently for subdivision and land-use (for the siting and design of buildings on the allotments).

Iwi

means a largenumber of whānau groups or collections of hapūwho havecommon ancestry.

LAeq

has the same meaning as ‘time-average A-weighted sound pressure level’ in New Zealand Standard 6801:2008 Acoustics -Measurement of Environmental Sound.

LAF(max)

has the same meaning as the ‘maximum A-frequency weighted, F-time weighted sound pressure level’ in New Zealand Standard 6801:2008 Acoustics – Measurement of Environmental Sound.

Lake

has the same meaning as in Section 2 of the RMA as set out below:

 

“means a body of fresh water that is entirely or nearly surrounded by land”.

Land

has the same meaning as in Section 2 of the RMA as set out below:

 

“(a)   includes land covered by water and the airspace above land; and

 (b)    in a national environmental standard dealing with a regional council function under section 30 or a regional rule, does not include the bed of a lake or river; and

 (c)   in a national environmental standard dealing with a territorial authority function under section 31 or a district rule, includes the surface of water in a lake or river”.

Land disturbance

means the alteration or disturbance of land (or any matter constituting the land including soil, clay, sand, and rock) that does not permanently alter the profile, contour, or height of the land.

Landscaping

means the provision of trees, shrubs, and/or groundcover plantings, including other vegetative forms so arranged as to improve visual amenity.

Levels of service

means, for the purpose of Rules AA-R3(2)(n) and (r), and AA-R4(1) (ee), the specified level of quality and reliability as stated in SWDC’s asset management plans.

Line

means a wire or wires or a conductor of any other kind (including a fibre optic cable) used or intended to be used for telecommunication or electricity transmission; and includes any pole, insulator, casing, minor fixture, tunnel, or other equipment or material used or intended to be used for supporting, enclosing, surrounding, or protecting any such wire or conductor; and also includes any part of a line.

Loading space

means the area of a site that is set aside for the exclusive use of transferring goods from a vehicle to an activity or vice versa and has access to a road or service lane.

Mana

refers to the authority or importance bestowed on and/or inherited by a person or people to act, direct, give counsel or make decisions, among other things.

Mana whenua

refers to the priority given to people to make decisions about the use of resources over an area of land that they are responsible for.

Manoeuvring Area

means the part of a site used by vehicles to move from the vehicle crossing to any parking space or loading space and includes all driveways and aisles and may be part of an access strip.

Marae development and papakāinga

means the development of buildings and facilities within marae such as wharenui (meeting house), wharekai (dining rooms), wharepaku (ablution blocks inclusive of toilets, showers and changing rooms), wharekarakia (church), and other marae-based facilities; and also includes papakāinga housing, community facilities, and medical centres, irrespective of whether they are located on a marae, on multiple-owned Maori land, or if on multiple-owned Maori land whether the facilities are developed by the Maori land-owners.

Mast

means any tower or similar structure, (excluding those associated with electricity lines) including those designed to carry antennas to facilitate radiocommunication and/or telecommunication, and those supporting devices for renewable energy generation.  It also includes any supporting guy wire and associated attachment.

Mauri

refers to the life principle instilled in objects by Atua.  Mauri is also the life principle that gives being and form to all things in the universe.

Minimum lot size

means the minimum land area that a proposed allotment is able to have, as measured in terms of net site area.

Minor Upgrading (in relation to network utilities)

means modification of network utility structures and associated earthworks where the effects of that utility remain the same or similar in character, intensity and scale.  Minor upgrading includes the replacement of a utility structure in the same location, and replacement of parts such as cables, conductors, earthwires, cross arms, earthpeaks and lightning rods.  Minor upgrading shall not include an increase in the voltage of any electricity line unless the line will continue to be at or under 33kV and/or was originally constructed to operate at the higher voltage but has been operating at a reduced voltage.

Minor works (on a built heritage feature listed in SCHED1-HH)

means work carried out in a manner and design and with similar materials and appearance to those originally used, including:

i)   Periodic redecoration of previously decorated or painted surfaces;

ii)  Routine maintenance of a site or building; and

iii) Replacement of minor components such as bricks, tiles, timber sections and the like, where the replacement is of the same or similar materials and appearance as the original it replaces.)

Mineral exploration

has the same meaning as in the Crown Minerals Act 1991: 

 

exploration means any activity undertaken for the purpose of identifying mineral deposits or occurrences and evaluating the feasibility of mining particular deposits or occurrences of 1 or more minerals; and includes any drilling, dredging, or excavations (whether surface or subsurface) that are reasonably necessary to determine the nature and size of a mineral deposit or occurrence; and to explore has a corresponding meaning”

 

Note: Mineral prospecting is also defined in section 2 of the Crown Minerals Act 1991, namely:

“prospecting

means any activity undertaken for the purpose of identifying land likely to contain mineral deposits or occurrences; and

includes the following activities:

geological, geochemical, and geophysical surveying:

 aerial surveying:

taking samples by hand or hand held methods:

taking small samples offshore by low-impact mechanical methods”

 

Mining and quarrying

means the extraction of materials from the earth and includes the removal of overburden and the erection, use and maintenance of plant, machinery and buildings and other works connected with such operations but does not include any of the foregoing where the material is for use on the same site, for example, the use of material mined or quarried on a farm for the establishment or maintenance of tracks on the farm.

 

Modifications (to a Built Heritage Feature)

means any work (but not minor internal work) which involves the addition, alteration, removal and replacement of walls, windows or features which results in an external structural appearance different to its existing appearance but does not include the demolition of the Built Heritage Feature.

Modifications, alterations and additions (in terms of an existing land-use provided for as PER in a zone)

means work involving external or internal changes to the layout, appearance or floor area of buildings and/or associated facilities within the site, including the expansion of any buildings, in accordance with the standards for the zone. 

Motor caravan and camping sites

means land used for the accommodation of motor homes, caravans and tents, including providing cabins, ablution and amenity facilities, used for the temporary or semi-permanent accommodation of paying guests.

Motorised vessels

means any activity involving a motor driven vessel and can include jetboats, water skiing, jet skis, hovercraft and the use of outboard motors, but does not include modelled or scaled down versions of boats operated through remote control.

National Grid

means all or part of the national grid of electricity transmission lines and cables (aerial and underground), stations and substations and other works used to connect grid injection points and grid exit points to convey electricity.

National Grid Corridor (shown as shaded and dotted)

Transpower Diagram

 

 

 

 

 

 

A black and white text

Description automatically generatedmeans the area measured either side of the centreline of an above ground National Grid transmission line, as follows:

14m from an 110kV line on single poles

16m from an 110kV line on pi-poles

32m from an 110kV line on towers

37m from a 220kV transmission line.

Note:  The National Grid Corridor and National Grid Yard do not apply to underground cables or any transmission lines (or sections of lines) that are designated.

-

 

The National Grid Yard (shown as dotted in the diagram above)

means the area:

Located 12m in any direction from the outer edge of a National Grid support structure (pole or tower) and

Located 10m either side of the centreline of an above ground 110kV National Grid line (or section of line) on single poles, or

Located 12m either side of the centreline of an above ground National Grid line on pi-poles or towers.

Note:  The National Grid Corridor and National Grid Yard do not apply to the Brownhill Road to Whakamaru North A 400kV capable lines, (or any other line) which are designated, or to underground cables.

Natural and physical resources

has the same meaning as in Section 2 of the RMA as set out below:

“includes land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures”.

Natural hazard

has the same meaning as in Section 2 of the RMA as set out below:

means any atmospheric or earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment.

Net site area

means the total area of the site, but excludes:

(a) any part of the site that provides legal access to another site;

(b) any part of a rear site that provides legal access to that site;

(c) any part of the site subject to a designation that may be taken or acquired under the Public Works Act 1981

Network Utilities and Infrastructure

means the provision of a service provided by a network utility operator as defined under Section 166 of the RMA, associated facilities and structures, and electricity generation infrastructure.  Network Utilities and Infrastructure includes networks that supply, distribute or transmit water, energy, transportation, sewage disposal, telecommunications, radiocommunication, fibre networks and other electronic communications, broadcasting, street lighting, navigational aids or similar services.

Network utility operator

has the same meaning as in s166 of the RMA as set out below:

 

“means a person who—

(a) undertakes or proposes to undertake the distribution or transmission by pipeline of natural or manufactured gas, petroleum, biofuel, or geothermal energy; or

(b) operates or proposes to operate a network for the purpose of—

(i)   telecommunication as defined in section 5 of the Telecommunications Act 2001; or

(ii)  radio communication as defined in section 2(1) of the Radio Communications Act 1989; or

(c) is an electricity operator or electricity distributor as defined in section 2 of the Electricity Act 1992 for the purpose of line function services as defined in that section; or

(d) undertakes or proposes to undertake the distribution of water for supply (including irrigation); or

(e) undertakes or proposes to undertake a drainage or sewerage system; or

(f)  constructs, operates, or proposes to construct or operate, a road or railway line; or

(g)  is an airport authority as defined by the Airport Authorities Act 1966 for the purposes of operating an airport as defined by that Act; or

(h) is a provider of any approach control service within the meaning of the Civil Aviation Act 1990; or

(i)  undertakes or proposes to undertake a project or work prescribed as a network utility operation for the purposes of this definition by regulations made under this Act,—

and the words network utility operation have a corresponding meaning”.

Noise

has the same meaning as in Section 2 of the RMA:

“includes vibration”.

Noise control boundary

means a boundary as shown on Figs 3 to 10 in Part 12.7-Noise where noise shall be measured for the purpose of assessing compliance with noise provisions.  Noise control boundaries are shown for activities within the SPZ-ELG and GIZ.

Noise sensitive activities

means residential activity, community facilities,education facilities, hospitals and homes for the aged, offices, and visitor accommodation.

Non-motorised vessels

means any activity involving a vessel that does not meet the definition of motorised vessel and includes any water-borne craft that is not powered by a motor.

Notional boundary

means a line 20 metres from any side of a residential unit or other building used for a noise sensitive activity, or the legal boundary where this is closer to such a building.

 

Objective

means a statement about the outcome that is sought in response to the issue identified. It may also be a statement about what is aimed for in overcoming the issue or promoting a positive outcome, or what the community has expressed as being desirable in resolving an issue.

 

Offices

means premises and ancillary activities where people are engaged in a profession, business or administrative activity where there is limited customer interface, and includes financial, law or accountancy firms, data processing facilities and other administrative activities.  Offices do not include medical, dental or veterinary rooms, or activities that fall within the definition of retail activities or commercial services.

Official signs

means all signs required or provided under any statute or regulation or are otherwise related to aspects of public safety. 

Outdoor Living Space

means an area of open space for the use of the occupants of the residential unit or units to which the space is allocated.

Outdoor storage

means the storage of miscellaneous items (a collection of items unrelated to the permitted or consented land use activity) within a property (not within buildings)

These items could include but are not limited to the storage of household waste, redundant white ware, bicycle frames, tyres, vehicle parts, oil drums and general rubbish where visible from a public place or neighbouring property and or cause an odour, safety or public health nuisance.  This definition includes the storage of any more than one vehicle on a property for six months or more that is unwarranted and unregistered and the storage or use of shipping containers.  The total area is not to exceed 3m in height or cover an area in excess of 20m2 within the property.

In the GRUZ the storage of miscellaneous items and storage or use of shipping containers as part of normal farming activities is excluded from this definition.  Normal farming activities include the collection of tyres used for silage stacks, vehicle parts and/or farm machinery and the use of un-registered quad bikes and farm vehicles on farms, 44-gallon drums and similar that contain drench, other agrichemicals or animal supplements such as molasses.

The storage of miscellaneous items not part of normal farming activities in the GRUZ, shall not exceed 3m in height or cover an area in excess of 20m2 within the property, and must not be visible from a public place or neighbouring residential unit and/or cause an odour, safety or public health nuisance

Outstanding Natural Feature

means an area of land shown as being an outstanding landscape feature on the district plan maps, and listed in SCHED4-NFL a)

Outstanding Natural Landscape

means an area of land shown as being an outstanding landscape area on the district plan maps, and listed in SCHED4-NFL b).

Parking space

means an area formed, marked and set aside for the parking of vehicles to meet the parking requirements of this district plan.

Perennial stream

means a stream that flows all year round assuming an average annual rainfall and has a channel width of 30cm or wider.

Plant pests

means pest plants as defined and listed in the WRC Operative Regional Pest Management Strategy.

Planting and screening

means the provision of trees, shrubs, and/or groundcover plantings, including other vegetative forms so arranged as to improve visual amenity, and the construction or planting that provides a permanent and effective visual barrier, such as a permanent fence or barrier, but shall not include a post wire fence or temporary fence.

Pole

means any tower or similar structure for the transmission and distribution of electricity, including those designed to carry antennas to facilitate radiocommunication and/or telecommunication, and includes any supporting guy wire and associated attachment.

Policy

means indicates a course of action to achieve an objective, and also gives direction to methods of implementation.

Potable

means a water supply that is measured in accordance with the recognised bacteriological test under the New Zealand drinking water standards, with a count of 0-9 E. coli per 100mls accepted provided treatment is installed.  A count of 10 and over will not be acceptable unless treatment facilities to achieve the acceptable level are installed prior to the issue of completion certificate.

Poultry Farming

means the commercial raising and keeping of poultry, contained either in buildings, outdoor enclosures, or a combination of both, and that occurs predominantly independent of the soil fertility on the site, is dependent on a high input of food from beyond the site, and may (but not necessarily) involve artificially controlled growing conditions.  For the avoidance of doubt, poultry farming is not covered by the phrase 'intensive indoor primary production'. 

Primary production

means:

(a) any aquaculture, agricultural, pastoral, horticultural, mining, quarrying or forestry activities; and

(b) includes initial processing, as an ancillary activity, of commodities that result from the listed activities in a);

(c) includes any land and buildings used for the production of the commodities from a) and used for the initial processing of the commodities in(b); but

(d) excludes further processing of those commodities into a different product.

 

Property

means the land comprised and described in one certificate of title.

Protection Lots

means allotments created by association with the formal protection by covenanting or similar measures, of part or all of a significant natural area or significant archaeological site, as provided by the subdivision provisions of the district plan.

Quarry

means a location or area used for the permanent removal and extraction of aggregates (clay, silt, rock, or sand). It includes the area of aggregate resource and surrounding land associated with the operation of a quarry and which is used for quarrying activities

Quarrying activities

means the extraction, processing (including crushing, screening, washing, and blending), transport, storage, sale, and recycling of aggregates (clay, silt, rock, and sand), the disposition of overburden material, rehabilitation, landscaping, and cleanfilling of the quarry, and the use of land and accessory buildings for offices, workshops, and car parking areas associated with the operation of the quarry.

Radiocommunication

means any transmission or reception of signs, signals, writing, images, sounds or intelligence of any nature by electromagnetic waves of frequencies lower than 3000 gigahertz, propagated in space without artificial guide. 

Radiocommunication and/or telecommunication facility

means structures related to telecommunication as defined in section 5 of the Telecommunications Act 2001, or radiocommunication as defined in section 2(1) of the Radiocommunications Act 1989.

Rear site

means a site which is situated to the rear of another site and has legal access to a road via an entrance strip or accessway.

Recreation and sporting activities on parks and reserves

means any activity whose primary aim is the enjoyment or leisure of either a competitive or recreational nature, and includes sports fields, swimming pools, children’s play areas, skate parks, amenity and conservation plantings, shelters, buildings necessary for the maintenance of the park, public toilets, and associated structures such as goal posts and light poles but excludes motorised vehicle sports.

Recreational hunting

means non-commercial hunting where the hunter or hunters pursue their game primarily for recreation as a pastime, without gaining pecuniary reward or gain from the hunting, or from the sale of any wild animal or part thereof.  For the avoidance of doubt, recreational hunting includes the use of any site/s by Gun Dog Clubs.

Relocatable buildings

means buildings that are moved onto a destination site from another site, but excludes an existing building moved within the same site, a building moved to a storage site and new prefabricated buildings that are constructed elsewhere and then moved onto the site.

Renewable electricity generation

means generation of electricity from solar, wind, hydroelectricity, geothermal, biomass, tidal, wave or ocean current energy sources.

 

Renewable electricity generation activities

means the construction, operation and maintenance of structures associated with renewable electricity generation.  This includes domestic and community-scale distributed renewable generation activities and:

(a) the system of electricity conveyance required to convey electricity to the distribution network and/or the National Grid,

(b) electricity storage technologies associated with renewable electricity, and

(c) ancillary buildings, hardstand areas, earthworks, access tracks, roads, storage of hazardous substances, monitoring equipment, removal of indigenous vegetation or exotic vegetation, and concrete batching plants. 

 

Residential activity

means the use of land and building(s) for people’s living accommodation.

Residential unit

means a building(s) or part of a building that is used for a residential activity exclusively by one household, and must include sleeping, cooking, bathing and toilet facilities.

Restaurants, bars and cafes

means premises and ancillary activities where meals are sold principally for consumption on the premises, whether or not the premises are licensed under the Sale of Liquor Act 1989; and premises used principally for the serving of liquor for consumption on the premises, and includes clubs and taverns.  This definition does not include Drive-Through Restaurants.

Retail activities

means premises and ancillary activities where goods and services are sold or offered for sale, including large format premises such as supermarkets, takeaway food premises, garden centres, and hardware stores, but excluding premises for the sale of boats, caravans and motor vehicles, service stations and motor vehicle repair garages, offices, restaurants, bars and cafes, service industry and commercial services.

Retail (excluding the sale of liquor as the primary retail activity)

Retail activities as defined above, except where the majority of the floor space of the premises displays alcoholic beverages for sale.

Retirement village

means a managed comprehensive residential complex or facilities used to provide residential accommodation for people who are retired and any spouses or partners of such people. It may also include any of the following for residents within the complex: recreation, leisure, supported residential care, welfare and medical facilities (inclusive of hospital care) and other non-residential activities.

Reverse Sensitivity

means the potential for the operation of an existing lawfully established activity to be compromised, constrained or curtailed by the more recent establishment of other activities which are sensitive to the adverse environmental effects being generated by the pre-existing activity.

River

has the same meaning as in Section 2 of the RMA:

“means a continually or intermittently flowing body of fresh water and includes a stream and modified watercourse; but does not include any artificial watercourse (including an irrigation canal, water supply race, canal for the supply of water for electricity power generation, and farm drainage canal”. 

For the purposes of esplanade reserves and strips, a ‘river’ has a bed with an average width of 3 metres or more at annual fullest flow where the river flows through or adjoins an allotment.

 

Road

has the same meaning as in Section 2 of the RMA:

“has the same meaning as in section 315 of the Local Government Act 1974; and includes a motorway as defined in section 2(1) of the Government Roading Powers Act 1989.

Section 315 of the Local Government Act 1974 road definition:

road means the whole of any land which is within a district, and which —

(a)   immediately before the commencement of this Part was a road or street or public highway; or

(b)   immediately before the inclusion of any area in the district was a public highway within that area; or

(c)   is laid out by the council as a road or street after the commencement of this Part; or

(d)   is vested in the council for the purpose of a road as shown on a deposited survey plan; or

(e)   is vested in the council as a road or street pursuant to any other enactment;— and includes—

(f)    except where elsewhere provided in this Part, any access way or service lane which before the commencement of this Part was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this Part or is declared by the Minister of Lands as an access way or service lane on or after 1 April 1988:

(g)   every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or within the limits thereof;—

but, except as provided in the Public Works Act 1981 or in any regulations under that Act, does not include a motorway within the meaning of that Act or the Government Roading Powers Act 1989

Section 2(1) of the Government Roading Powers Act 1989 motorway definition motorway—

(a) means a motorway declared as such by the Governor-General in Council under section 138 of the Public Works Act 1981 or under section 71 of this Act; and

(b) includes all bridges, drains, culverts, or other structures or works forming part of any motorway so declared; but

(c) does not include any local road, access way, or service lane (or the supports of any such road, way, or lane) that crosses over or under a motorway on a different level.

 

Road Opening Notice

means the procedure undertaken by a Network Utility Operator for works proposed within a road corridor, whereby the roading authority is notified and has the ability to impose conditions on the works, in accordance with relevant provisions of the Telecommunications Act 2001, Gas Act 1992, Electricity Act 1992, or any Code of Practice approved under the Utilities Access Act 2010.

Rohe

is the geographical area closely linked to iwi or hapū. That iwi or hapū will exercise mana over that area, and so will have mana whenua.

Rural-based activities

means any activity which requires a rural location, including farming, forestry, intensive indoor primary production, mineral exploration, mining and quarrying, network utilities and infrastructure; and primary industry.

Rural industry

means an industry or business undertaken in a rural environment that directly supports, services, or is dependent on primary production.

Saleyards

means land and buildings used for the purpose of the sale of livestock, including loading and unloading facilities, and facilities for the temporary storage of livestock before and after sales.

Sensitive Activities

means those activities that are particularly sensitive to the risks associated with National Grid transmission lines because of either the period of exposure to the risk, or the vulnerability of the population that is exposed to the risk.  Such activities include residential, accommodation, education facilities (excluding adult educational facilities), housing for the elderly, papakāinga, hospitals and homes for the aged

Service industry

means the establishment and operation of predominantly larger format vehicle-oriented commercial activities, retail sale or distribution activities, including light manufacturing, the repair or servicing of goods (such as household appliances and electronic equipment), vehicle-oriented retail activities including large format shops, drive-through services and outdoor retailing assembly and servicing activities, and activities such as printing works, vehicle repairs, panel beaters, light engineering workshops, tradesmen’s depots and the like.  Service industry excludes any industrial activity (as defined above). 

Service Lane

means any lane laid out or constructed for the purpose of providing the public with a side or rear access for vehicular traffic to any land.

Service stations including motor vehicle repair

means an activity comprising the sale of motor vehicle fuels (including petrol, CNG, LPG and diesel), lubricating oils for motor vehicles, tyres, batteries, spare parts and other accessories associated with motor vehicles, car wash facilities, general retail premises, drive through facilities, the hire of trailers, truck stops, and the mechanical repair and servicing of motor vehicles (including motor cycles, caravans, boat motors, trailers), panel beating, trimming or spray painting of motor vehicles and warrant of fitness testing.

Services

means infrastructural networks serving properties, and includes water supply, sewage disposal, stormwater drainage, telecommunications, electricity connections, fibre networks, and other similar network provision to properties.

Sewage

means human excrement and urine.

Showrooms and ancillary retailing [to an industrial activity]

means a retail activity which is incidental to but associated with the principal industrial activity on the site and includes a factory shop selling goods produced on the premises.

Side and rear boundary

means a boundary that runs the length of a side or rear of a property, and that is not a front boundary (i.e. has no frontage to a road).  Where a property has two or more front boundaries (i.e. corner and through sites) the remaining boundaries are considered to be rear boundaries.

Sign

means any device, character, graphic or electronic display, whether temporary or permanent, which:

(a) is for the purposes of:

(i)   identification of or provision of information about any activity, property or structure or an aspect of public safety;

(ii)   providing directions; or

(iii)  promoting goods, services or events; and

(b)  is projected onto, or fixed or attached to, any structure or natural object; and

(c)  includes the frame, supporting device and any ancillary equipment whose function is to support the message or notice

 

Significant Amenity Landscape

means an area of land shown as being a significant amenity landscape area on the planning maps and listed in SCHED4-NFL (c).

Significant Natural Area

means an area of indigenous vegetation or habitat of indigenous fauna shown as being a significant natural area on the planning maps, and listed in SCHED3-SNA

Site

means:

(a)  an area of land comprised in a single record of title under the Land Transfer Act 2017; or

(b) an area of land which comprises two or more adjoining legally defined allotments in such a way that the allotments cannot be dealt with separately without the prior consent of the council; or

(c) the land comprised in a single allotment or balance area on an approved survey plan of subdivision for which a separate record of title under the Land Transfer Act 2017 could be issued without further consent of the Council; or

(d) despite paragraphs (a) to (c), in the case of land subdivided under the Unit Titles Act 1972 or the Unit Titles Act 2010 or a cross lease system, is the whole of the land subject to the unit development or cross lease.

 

Stormwater

means run-off that has been intercepted, channelled, diverted, intensified, or accelerated by human modification of a land surface, or run-off from the surface of any structure, as a result of precipitation and includes any contaminants contained within.

Street

has the same meaning as "road" as defined by section 315 of the Local Government Act 1974.

Street furniture

means any structures and items lawfully located on or over the legal road reserve.  It includes litter bins (not skip bins), bus shelters, public telephones, roadside rest areas and toilets, information boards and weigh stations, sculptures, banners with supporting poles, street trees and landscaping

Structure

has the same meaning as in section 2 of the RMA:

“means any building, equipment, device or other facility made by people and which is fixed to land; and includes any raft”.

Subdivision

has the same meaning as “subdivision of land” in Section 218 of the RMA as set out below:

“means—

(a) the division of an allotment—

(i)   by an application to the Registrar-General of Land for the issue of a separate record of title for any part of the allotment; or

(ii)  by the disposition by way of sale or offer for sale of the fee simple to part of the allotment; or

(iii) by a lease of part of the allotment which, including renewals, is or could be for a term of more than 35 years; or

(iv) by the grant of a company lease or cross lease in respect of any part of the allotment; or

(v)  by the deposit of a unit plan, or an application to the Registrar-General of Land for the issue of a record of title for any part of a unit on a unit plan; or

(b)  an application to the Registrar-General of Land for the issue of a separate record of title in circumstances where the issue of that record of title is prohibited by section 226.

 

Supermarket

means a retail shop primarily selling a wide range of fresh produce and meat, plus frozen or packaged groceries, food and beverages, together with an ancillary range of non-food grocery items.  Supermarket falls within the definition of 'retail activities'. 

Sustainable management

has the same meaning as in Section 5 of the RMA as set out below:

means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural well-being and for their health and safety while—

(a)  sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and

(b)  safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and

(c)  avoiding, remedying, or mitigating any adverse effects of activities on the environment.

Tangata Whenua

in relation to a particular area, means theiwiorhapū, that holdmana whenuaover that area.

Telecommunication

means the conveyance from one device to another of any sign, signal, impulse, writing, image, sound, instruction, information, or intelligence of any nature, whether for the information of any person using the device or not.

Temporary activities

means any short-term use of land and associated structures that do not involve any permanent structures being constructed. Typically, temporary activities relate to a construction project such as scaffolding or a site management office, a community or sports event such as a temporary grandstand or marquee, or a marketplace, stall or public gathering, all with a limited duration and not involving permanent structures.

Temporary activities include unloading goods from a shipping container on the site, provided that the container is removed within one month of arrival on site. 

The term ‘temporary activities’ does not include temporary military exercises, temporary film making activities, use of emergency sirens, community events, temporary structures, or temporary signage, as these are defined and provided for separately.

Temporary film making activities

means the filming of locations or scenes for the purpose of creating a movie, television programme or similar, and includes the construction and use of film sets, structures and props.

Temporary military exercises

means a temporary activity undertaken for the training of any component of the New Zealand Defence Force (including with allied forces) for any defence purpose. Defence purposes are those purposes for which a defence force may be raised and maintained under Section 5 of the Defence Act 1990 which are:

(a) the defence of New Zealand, and of any area for the defence of which New Zealand is responsible under any Act:

(b) the protection of the interests of New Zealand, whether in New Zealand or elsewhere:

(c) the contribution of forces under collective security treaties, agreements, or arrangements:

(d) the contribution of forces to, or for any of the purposes of, the United Nations, or in association with other organisations or States and in accordance with the principles of the Charter of the United Nations:

(e) the provision of assistance to the civil power either in New Zealand or elsewhere in time of emergency:

(f) the provision of any public service.        

 

Temporary signage

means non-permanent signage established for the purpose of advertising an upcoming event or activity, the sale of a property, or erected on a construction site or in connection with a public election.  Signs advertising events shall not contain any business or commercial advertising, other than the name or logo of a sponsor.

Temporary structures

means non-permanent structures related to a community event, construction project, or other activity such as the drilling of test bores, auger holes, test pits, and cone penetrometer tests, or anemometers, and masts or similar structures established to measure wind.

Temporary works and associated structures related to electricity generation

means works to develop, upgrade, maintain, repair, monitor and operate electricity generation facilities, that contribute to providing a continuous and efficient supply of electricity to users, or that ensures the potential effects from natural hazards are avoided, remedied or mitigated

Territorial authority

has the same meaning as in Section 5 of the Local Government Act 2002 as set out below:

Means a city council or district council named in Part 2 of Schedule 2.

Tokoroa Hospital

means an institution providing primarily in-patient care for the sick or injured, including medical, surgical, maternity, mental health, geriatric, convalescent or hospice care, and includes all hospital clinics, dispensaries, out-patient departments, operations and maintenance support services (such as laundries, kitchens, cafeterias, refreshment facilities, residential centres, generators, substations, storage facilities, workshops), hospital administration offices, ancillary retail facilities and undertakings maintained in connection with, or incidental to, the hospital activity and includes Health Care Services

Transport and courier depots

means land and buildings used principally for the receiving, dispatching or holding of goods or passengers in transit by road or rail, and includes ancillary storage areas, offices, staff facilities and provision for vehicles.

Upgrading

means the structural improvement, repair and replacement of worn or technically deficient parts, to provide for the continued efficient and secure operation of the network utility or electricity generating infrastructure.  In respect of electricity generating infrastructure, electricity transmission and distribution lines, this allows for an increase in carrying capacity provided any buildings, support structures and lines are of a similar character, size and scale as existing.

Vehicle crossing

means that part of the road reserve which has been formed or otherwise constructed to enable vehicle access between an allotment and a public road, and includes any associated culvert, bridge or kerbing.

Verandah

means a covering structure attached to a building that provides shelter over a public footpath along the street frontage within a town centre.

Veterinary services

means services and associated facilities relating to the physical health and welfare of animals by duly qualified practitioners or persons in their employ, and includes veterinary clinics, animal testing and diagnostic facilities. 

Visitor accommodation

Means land and/or buildings used for accommodating visitors, subject to a tariff being paid, and included any ancillary activities.

Visitor facilities (associated with energy generation)

means buildings and facilities for the display of information for visitors to energy generation sites, including museums, ancillary retail and cafes.

Wāhi tapu

The literal translation is “sacred site”.  These are defined locally by the hapū and iwi which are the kaitiaki (guardians) for the wāhi tapu.  Typically includes burial grounds and sites of historical importance to the tribe.  In some instances, they signify ahi-kā-roa, places used for ritual cleansing, of healing, or simply where past incidents occurred.  Some wāhi tapu are places or landscapes considered tapu because of their magnitude, or symbolic representation of a hapū or iwi.  In order to protect particular sites from interference and desecration, some tribes will refuse to disclose the exact location to outsiders.

Wastewater

means any combination of two or more the following wastes: sewage, greywater, or industrial and trade waste.

Water

has the same meaning as in Section 2 of the RMA as set out below:

“a) means water in all its physical forms whether flowing or not and whether over or under the ground;

b) includes fresh water, coastal water, and geothermal water;

c) does not include water in any form while in any pipe, tank, or cistern”

Waterbody

has the same meaning as in Section 2 of the RMA as set out below:

“Means fresh water or geothermal water in a river, lake, stream, pond, wetland, or aquifer, or any part thereof, that is not located with the coastal marine area”.

 

Wetland

Has the same meaning as in Section 2 of the RMA as set out below:

“Includes permanently or intermittently wet areas, shallow water, and land water margins that support a natural ecosystem of plants and animals that are adapted to wet conditions.

 

 

3.2 Abbreviations

PER – Permitted Activity

CON – Controlled Activity

RDIS – Restricted Discretionary Activity

DIS – Discretionary Activity

NC – Non-Complying Activity

 

AEE – Assessment of Environmental Effects

CPTED- Crime Prevention Through Environmental Design

DCP – Development Concept Plan

NES – National Environmental Standards

NPS- National Policy Statements

RMA – Resource Management Act

SWDC – South Waikato District Council

SCHED1–HH – Historic Heritage

SCHED2–CH – Cultural Heritage

SCHED3–SNA – Significant Natural Areas

SCHED4–NFL – Natural Features and Landscapes

SCHED5–HIIA - High Impact Industrial Activities

WRC- Waikato Regional Council

WRITS – Waikato Regional Infrastructure Technical Specifications

 

See Table of Contents for Abbreviations in Chapter Headings.