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7. COASTAL MANAGEMENT

Contents of Resource Management

Policies in regional coastal plans apply to activities in the Coastal Marine Area (CMA), that is the foreshore, seabed, coastal water and the air space above, between the line of Mean High Water Springs (MHWS - the line of the average of high spring tides) to the limits of NZ's territorial waters (12 nautical miles). The CMA does not really include dry land, so it represents only part of the coastal environment.

The regional coastal plan must be approved by the Minister of Conservation so there should have been close liaison between the Council and the Department of Conservation before the plan was released. DoC is responsible for identifying Areas of Significant Conservation Value (ASCV) which should be listed in a schedule or on planning maps accompanying the plan.

The first schedule to the New Zealand Coastal Policy Statement gives criteria which define Restricted Coastal Activities (RCA). (see Attachments) These are activities which have or are likely to have significant adverse effects on the Coastal Marine Area or occur in an Area of Significant Conservation Value.

Restricted coastal activities must be set out as part of the rules in the Regional Coastal Plan.

Resource consent applications for RCAs involve the Minister of Conservation and follow a different procedure from other coastal permit applications. In these cases the Minister of Conservation is the final arbiter on these applications.

A regional coastal plan must be consistent with the New Zealand Coastal Policy Statement (NZCPS). It should also be consistent with the regional policy statement. Having copies of both these documents, particularly the NZCPS, on hand while evaluating a coastal plan would be valuable. Contact Sarah Bagnall, DoC, PO Box 10-420, Wellington for a free copy of the NZCPS.

Regional coastal plans only apply to the coastal marine area. But development on land adjoining the CMA also affects the coastal environment. In recognition of this fact, some district councils have designated land near the coast as a special coastal policy area or coastal environmental zone with different management requirements to the rest of the district. You should encourage district councils to take this approach, because sustainable management of the CMA alone will not achieve sustainable management of the coastal environment as a whole.

To promote integrated management of the coastal environment, a few regional councils have prepared a regional coastal environment plan. These plans apply policies to land both above and below the line of mean high water springs.

Although there is provision for district councils to delegate powers to regional councils for the control of land outside the CMA in the coastal environment, this has not happened yet. All regional councils should therefore be encouraged to prepare a regional coastal environment plan rather than the much more limited regional coastal plan. Some regional councils have emphasised their role in planning for natural hazards when preparing a coastal environment plan.

A coastal environment plan should contain:

• Objectives, policies and rules of a regional coastal plan; and

• Coastal objectives and policies for district plans. District councils are then required to provide appropriate methods and rules which will implement these objectives and policies in the district plan .

For further information see: Chapter 4, "Coastal and Marine" pp 96-107 in Forest and Bird's Handbook of Environmental Law.

The coastal environment is recognised in the RMA as an area with management needs beyond the usual requirements for sustainable management. The purpose of the Act, set out in section 5, is just as applicable as it is to other areas.

All the provisions of section 6 are applicable to the management of the coast. Particularly relevant are these matters of national importance:

The courts have taken this provision very seriously, and it can be a difficult test for development to pass. Note that it is not limited to the coastal marine area.

Coastal ecosystems are different to inland ecosystems and are poorly represented around the country as coastal land areas were the first to be cleared. Therefore virtually all coastal land habitat is significant.

This provision requires recognition of the traditional relationship between tangata whenua and the sea. This is reinforced in section 7, which acknowledges the concept of kaitiakitanga (defined section 2) and in section 8, acknowledging the Treaty of Waitangi.

Section 12 of the Act sets out restrictions on the use of the coastal marine area. Sections 56, 57 and 58 set specific details on New Zealand Coastal Policy Statements. Sections 63-70 set out requirements of regional plans including coastal plans. Provisions relating to restricted coastal activities are in sections 117-119a. Section 135 gives councils the capability to make coastal permits transferable.

Part VII of the Act (s151-165) relates to coastal tendering. Provisions for esplanade reserves are set out in sections 229-237h, and reclamation in sections 245 and 246.

Check the location of Areas of Significant Conservation Value listed in the plan. These should include all undeveloped areas of estuaries, river mouths, waters surrounding offshore islands, and any significant natural coastal feature (special, unique or representative habitats) of conservation value.

The plan needs to identify all of the following:

• significant areas of indigenous vegetation;

• significant habitats of indigenous fauna;

• outstanding natural features and natural landscapes;

• places where public access to and along the coast will be maintained and enhanced;

• areas of significance to tangata whenua;

and to develop policies, methods and rules for their protection.

The plan should provide some guidance on the criteria the council intends using in making decisions on resource consent applications.

New Zealand Coastal Policy Statement (NZCPS) Policies 5.1.1-7, 5.2.1-5, and 1.1.1-5, 2.1.1-2, 3.2.2-5, 3.2.7.

The CPA's should be derived from a range of information held by the Council and the Department of Conservation. The information should cover botanical, wildlife and geomorphological values. Some of the key information sources are:

• Protected Natural Area Surveys (PNAs)

• Sites of Special Wildlife Interest (SSWI)

• Wetland Inventory (WERI)

• Geopreservation Inventory

• Current and proposed marine reserves

The information base will probably focus on the coastal margin and intertidal areas, deeper water values tend to be ignored. This is indicative of the present knowledge of the coast.

You should suggest other areas not included by the Council, particularly any that were suggested by DoC but not included in the plan.

If DoC has missed out areas you consider to be of particular value then list these and a statement of values.

The areas identified as CPAs should be composites of DOC's ASCVs and areas identified by the Council. The ASCVs should reflect internationally and nationally significant values. In addition to these areas, the Council should identify areas that are considered to be regionally or locally significant and the values of such areas.

A possible breakdown of coastal protection areas could be:

• Coastal Protection Area 1 - areas which are valuable and the most vulnerable to the adverse effects of use and development. In these areas there is likely to be a high percentage of prohibited activities eg distinct bird roosting or feeding areas, and some fish spawning areas.

• Coastal Protection Area 2 - areas which are valuable, but are more robust to the effects of a certain level of use and development eg regionally important areas of mangroves and some fish spawning areas.

• Coastal Protection Area 3 - areas which are valuable, but are generally fairly robust to the effects of most use and development, except to gross levels of change or effect.

Coastal Protection Areas are not listed in a schedule to the plan, there should be such an inventory. An acceptable timeframe within three years of the plan becoming operative.

Some plans have adopted a biogeographic approach and divided the coastline into units and identified issues for each of the units. This can help focus the plan and make it specific to the region.

Dividing the coastal environment into separate coastal units or management areas recognises that the needs of different areas may vary greatly.

On urban coastlines, some residential and even industrial development may be appropriate. However, this type of development would be unacceptable in relatively unspoilt coastal areas.

The differences between areas may be reflected in varying resource consent requirements for different coastal unit areas.

Our suggested objectives, policies and rules for regional coastal plans and district plans follow this page. If you can't find provisions (usually rules or methods) in the plan which will achieve the same results, ask for their inclusion.

1. Objectives and policies applicable to both regional coastal plans and district plans.

2. Objectives, policies and rules for regional coastal plans only.

3. Objectives, policies and rules for district plans only.

When preparing your submission, you will probably need to take provisions from more than one section of this chapter. The objectives and policies in the first section need to be backed up by rules in the second and third sections. Give careful consideration to how they fit together in your submission.

New Zealand Coastal Policy Statement (NZCPS) Policies 1.1.1-5, 2.1.1-2, 3.2.2-5, 3.2.7, 5.1.1-7, 5.2.1-5.

Section 6(a) of the RMA makes the preservation of the natural character of the coastal environment a matter of national importance.

To protect the natural character of the coastal environment from the effects of inappropriate or unnecessary use or development.

To distinguish between areas where the natural character of the coastal environment has been degraded, and areas where it remains intact, and discourage development in the latter areas.

To preserve the natural character of the coast through:

• Avoiding the adverse effects of use and development, particularly on Coastal Protection Areas, significant landscape areas and on outstanding natural features identified in the maps and schedules.

• Avoiding, remedying and mitigating the adverse effects of use and development on the natural character of areas not specifically identified, including areas which are characterised by modification and development.

• Maintaining coastal processes, ecosystem functioning and health, and coastal and marine habitat generally.

• Retaining as far as possible all remaining areas of indigenous vegetation and habitat, natural landform and landscapes generally, and the open space and other amenity values associated with these.

• Restoring degraded areas.

Identify elements of natural character which are important in the coastal environment and incorporate them in the plan. Potential effects on these elements will be considered when assessing consent.

Consideration of issues relating to natural character when deciding on resource consent applications - refer to rules.

Support initiatives of other organisations to protect natural and physical values where they contribute to the natural character of the coastal environment.

NZCPS Policies 1.1.1-5, 3.1.1-3, 3.2.1-5, 3.2.7, 3.3.1-2.

Natural features such as landforms, geological and geomorphic sites are important for their scientific, visual, habitat, amenity and recreational value and for their contribution to the natural character of the coastal environment. Depending on their type and size they are subject to varying degrees of change, damage or loss from use and development. Many natural features cross the boundary of Mean High Water Springs and their protection therefore requires a joint approach between regional and district councils.

To ensure the protection of outstanding natural features in the coastal environment;

• maintaining, and where possible enhancing their values; and

• recognising their geological and geomorphological significance and their influence on natural processes; and

• recognising their contribution to natural character, landscape, education, scientific, amenity and heritage values; and

• avoiding any adverse effects from use and development.

To avoid, remedy or mitigate any adverse effects of use and development on all other natural features.

Outstanding natural features in the coastal environment shall be protected by avoiding use and development which would;

• alter, damage or destroy the physical integrity of the feature; or

• adversely affect its form and its functioning as a natural landform or geological site; or

• reduce or detract from its identified educational, scientific, amenity or heritage value.

Identify outstanding natural features and Coastal Protection Areas and list them in a schedule to the plan.

Consideration of issues relating to outstanding natural features when deciding on resource consent applications - refer to rules.

In assessing the effects of use and development on identified outstanding or any other natural features, regard should be had to their geological and geomorphological significance, their influence on natural processes and their contribution to natural character, landscape, education, scientific, amenity and heritage values.

District plans should recognise and protect outstanding natural features which extend above Mean High Water Springs in the coastal environment.

NZCPS Policies 3.5.1-4 and 3.1.1-3, 3.2.1-5, 3.2.7.

Section 6(d) of the RMA makes the maintenance and enhancement of public access to and along the coastal marine area a matter of national importance. Inappropriate use and development within the coastal environment may restrict or prevent public access. However in some instances unrestricted public access may adversely affect the values of the coastal environment.

To maintain and enhance public access to and along the coastal marine area, in a manner which does not adversely affect natural or cultural values of the coastal environment.

Use and development shall maintain and enhance public access, except where it is necessary to restrict access in order to;

• protect areas of significant indigenous vegetation or significant habitats of indigenous fauna; or

• protect areas or sites identified by the Tangata Whenua as being of special cultural or spiritual value; or

• protect significant cultural heritage places and areas identified in the plan; or

• protect public health or safety; or

• ensure a level of security consistent with the purpose of a resource consent; or

• provide for exceptional circumstances where there is sufficient reason to justify a restriction of public access, notwithstanding the national importance placed on maintaining public access.

Use and development which restricts public access, other than for the matters set out above, shall be required to appropriately offset any loss of public access.

Use and development shall not restrict the reasonable access of Tangata Whenua to sites and areas of significant cultural, spiritual or historical value identified in this Plan.

Consideration of public access issues when deciding on resource consent applications - refer to rules.

The Council will work in conjunction with other organisations to ensure that use and development on land adjoining the coast maintains or enhances public access to and along the coast.

The Council will, in conjunction with other organisations, seek to improve public access where:

1. access, including access for people with disabilities, from the water to the foreshore and along the foreshore is restricted, poor or unavailable;

2. enhancement of access is desirable and practicable;

3. it would not adversely affect natural and physical values.

NZCPS Policies 2.1.1-2, and 3.2.2-7, 3.5.1-4.

The involvement of Tangata Whenua in the sustainable management of coastal resources is necessary in order to address matters of significance to Tangata Whenua, and because use and development of the coast can affect the relationship of Maori and their culture and traditions with their ancestral taonga. In addition decisions made under the RMA may affect and be affected by the customary rights of Tangata Whenua confirmed by the Treaty of Waitangi.

To sustain the mauri of natural and physical resources in the coastal environment.

The Council will, in conjunction with Tangata Whenua, recognise and provide for the relationship of Maori and their culture and traditions with their ancestral taonga by:

• identifying, evaluating and protecting in this plan, in accordance with tikanga Maori, characteristics of special value in the coastal environment, including waahi tapu, tauranga waka, mahinga mataitai and taonga raranga;

• determining, in accordance with tikanga Maori, the means whereby those characteristics of special value which Tangata Whenua choose not to identify in this Plan are to be protected;

• avoiding, remedying or mitigating any adverse effects of use and development on values of importance to Tangata Whenua.

Marine Protected Areas

NZCPS Policies 1.1.1-5, 2.1.1-3, 3.2.2-5, 3.2.7.

Marine areas are currently protected from human exploitation. There is a comprehensive system of parks and reserves on land protected in their natural state, but protection is sadly lacking in the sea.

To promote the development of a co-ordinated network of protected marine areas, representing marine ecosystems in their natural state.

To support and promote the establishment of marine reserves over at least 10 % of the region's coastline.

To support the establishment of taiapure to provide for the conservation and protection of the coastal environment.

A system of representative marine protected areas is required to insure the biodiversity of the marine environment. Marine reserves preserve part of the environment in its natural state, filling the same role as parks and reserves on land.

Taiapure are administered by iwi or hapu to provide sustainable management of kai moana in accordance with Maori tradition.

NZCPS Policies 3.1.1-3, and 3.2.2-5, 3.2.7, 3.3.1-2.

To avoid the adverse effects of vehicles in the coastal environment.

To identify areas suitable for use by motorised craft and other activities producing significant noise or vessel wake.

To control the use of motorised vehicles on ocean beaches and estuaries.

Prohibition of mechanised vehicles in areas of significant ecological or passive recreation value.

Speed restrictions for vessels and vehicles especially in areas not naturally subject to high intensity wave action.

Noise from motorised craft and motor vehicles can severely affect amenity values. In some areas noise will have minimal adverse effect and vehicles will be allowed to use these areas. Noisy craft will be able to use most other areas of the coast as long as they operate at lower speeds (when there engines produce less noise).

Vehicles on beaches can destroy the eggs of ground nesting birds such as dotterels and disturb wildlife and coastal vegetation. Vehicles also compact sand and affect intertidal shellfish. These provisions will reduce conflict with other recreational activities such as swimming and canoeing and reduce disturbance of wildlife.

Motorised craft can produce significant wake which accelerates coastal erosion and can disturb plant or animals on affected shores especially on coasts not naturally subject to high intensity wave action. Fast craft can kill or maim birds and marine mammals at sea.

NZCPS Policies 3.4.1-6.

NZCPS Schedules 1.1-4

To control development in a manner which avoids the adverse effects of actual and potential natural hazards, without compromising the natural character of the coastal environment.

To recognise coastal erosion as a natural process caused by water currents, wave action, rainfall, and gravity.

To protect natural features which buffer the effects of hazards and make provision for the inland migration of dunes, wetlands, esturaries, lagoons and other natural features threatened by coastal hazards

To control the location and design of new development and existing uses in coastal hazard areas.

To develop a hazard management strategy for sea level rise associated with global warming. Current medium estimates indicate a rise of between 10 and 45 cm over the next fifty years.

Consideration of natural hazard issues when deciding on resource consent applications - refer to rules. Consents will not be granted to activities likely to cause, accelerate or worsen material damage to land or structures by erosion, subsidence, slippage or inundation.

Council will define and map coastal hazard zones, and avoid the need for hazard protection works by discouraging permanent structures and capital intensive development within these areas.

Coastal erosion is a natural process which does not cause problems unless assets and inappropriate land uses are located in areas prone to erosion. This usually generates a demand for expensive engineering solutions - coastal protection works such as sea walls and groynes. These are expensive and short term remedies which create adverse effects elsewhere by disrupting sediment transport, damaging habitat and degrading the natural character of the coast. By reflecting the wave energy rather than absorbing it as natural dune systems do, they can worsen the problem and cause further scouring at the base of the sea wall.

Identifying hazard zones gives a clear message to residents and developers.

Global warming will have major effects on sea level, the frequency and severity of storm events and the coastal sediment supply. A precautionary approach is essential in considering future development in the coastal area. Defining a larger coastal hazard zone to recognise land at risk of coastal erosion in 50-100 years time is the best option.

NZCPS Policies 1.1.1-5, 2.1.1-2, 3.1.1-3, 3.2.1-5, 3.3.1-2.

To control the use of sand and shingle in order to avoid, remedy or mitigate adverse effects on ecosystem, amenity or Maori cultural values.

Dredging or removal of sand, shell or shingle is considered inappropriate where it is likely to have a significant adverse effect on:

• Areas identified as being of outstanding landscape value.

• Ecological or coastal protection areas.

• Areas identified as outstanding natural features.

• Areas of significance identified by Tangata whenua.

• Other cultural heritage areas identified.

Control of extraction activities through resource consent requirements - refer to rules.

NZCPS Policies 1.1.1-5, 2.1.1-2, 3.1.1-3, 3.21-5, 3.2.7, 3.4.1-6.

NZCPS Schedules 1.1-5

To ensure that structural development does not adversely affect the natural character of the coastal environment.

To control the construction of permanent or temporary structures in order to avoid, remedy or mitigate adverse effects.

To identify areas where the natural character of the coast has been degraded and focus any further structural development in these areas.

Control of construction through resource consent requirements - refer to rules.

Permanent structures often diminish the natural character of the coast and are generally inappropriate in relatively unmodified areas. In addition, structures within the coastal area may be vulnerable to natural hazards. However, structures associated with some uses can only locate on the coast.

To ensure that stock grazing does not adversely affect the coastal environment.

To prevent damage to coastal ecosystems from stock grazing and trampling.

To educate coastal landowners of the importance of the protection of sensitive coastal ecosystems.

To develop a programme that will:

• identify coastal ecosystems with stock grazing problems;

• prioritise sites for protection;

• advise landowners on methods to prevent stock damage, and where appropriate provide assistance to owners with protection.

Control of grazing through resource consent requirements and prohibition where appropriate - refer to rules.

Develop a Coastal Ecosystem Protection Programme with coastal landowners, DoC and community groups for the protection of coastal areas from stock damage.

Wandering farm stock (cattle, sheep, horses, goats and pigs) regularly graze and trample saltmarsh, mangrove, wetlands and dunelands. They cause significant damage to these ecosystems and have a major adverse effect on their capacity to function as fish breeding and nursery areas and coastal buffer zones. In many parts of the country this is the most significant aspect of the degradation of the coastal environment. In these areas intact coastal ecosystems only survive on cliffs, fenced public reserves and urban areas.

To avoid or minimise the adverse effects of public utility development in the coastal environment.

To discourage the construction of new road and rail links along coastal margins.

To provide for the adverse effects of roading and other utilities to be consistent with the objectives, policies and rules of the zone within which they lie.

Control of public utility development through resource consent requirements - refer to rules.

Roads are a major modifier of the shoreline and generate a demand for protection work in addition to the changes made as part of the road. Current roadways across estuaries can restrict tidal movement and prevent full flushing of the estuary leading to undesirable algal growths.

The following provisions apply to the Coastal Marine Area

Where policies in this plan are applicable outside the Coastal Marine Area, territorial authorities shall implement these policies through rules in district plans

NZCPS Policies 1.1.1-5, 3.1.1-3, 3.2.1-5, 3.2.7, 3.3.1-2.

The quality and diversity of landscapes is an important value of the coastal environment. It contributes to the unique identity of the region and to the use and enjoyment of the coast by people. Landscape character quality and diversity can be progressively degraded through adverse individual and cumulative effects of inappropriate use and development, both within the CMA and on the adjacent land in the coastal environment.

To protect outstanding landscapes, and the key elements, features and patterns of other significant landscapes from inappropriate subdivision, use and development in the coastal environment.

To maintain the diversity, integrity and landscape quality of the coastal environment.

Use and development in the coastal environment that would adversely affect the integrity, landscape quality and aesthetic values of those areas identified in this plan as significant landscapes should be avoided.

In those areas not identified in this plan as significant, any use and development shall be of a scale, design, location, and undertaken in a manner which avoids, remedies or mitigates any adverse effects on landscape elements, features and patterns.

In recognition that land based development has a major influence on the landscape values of the coastal environment, district plans should contain appropriate provisions to ensure that these policies are achieved.

Marine Ecosystems

NZCPS policies 1.1.2, 1.1.3, 3.2.3, 3.3.1-2.

To maintain and enhance the intrinsic values of marine ecosystems, and protect areas of significant indigenous vegetation and habitat for indigenous fauna.

To promote and integrate the sustainable management of fisheries within the coastal marine area, and the development of a network of representative protected areas (refer to Marine Protected Areas).

To control the adverse effects of fishing activities on non-fishery resources, particularly in areas identified as areas of significant indigenous vegetation and significant habitat of indigenous fauna.

To identify areas and times of the year when fishing activities or particular fishing methods will be controlled to protect significant habitats of indigenous fauna, including feeding and roosting habitat.

Control of activities which might adversely affect marine ecosystems through resource consent requirements - refer to rules.

Advocacy and negotiation with the Ministry of Fisheries, Department of Conservation, and other relevant groups, in order to promote the integrated and sustainable management of fisheries in the coastal marine area.

The Council cannot control the harvesting of fisheries (fish, shellfish and seaweeds) or the protection of seabirds and marine mammals, under the RMA. These are controlled by the Fisheries Act, Wildlife Act and Marine Mammals Acts respectively. The Regional Coastal Plan can control the adverse effects of fishing on the habitats of seabirds and marine mammals (NZ Seafood Sector Coastal Policy Document, NZ Fishing Industry Board 1993, pg.10), and the effects of non-fishing activities on fisheries and non-fisheries resources. The Wildlife Act has no controls over wildlife habitat and the Marine Mammals Act has limited control over mammal habitat.

NZCPS Policies 5.1.1-7, 5.2.1-5, and 1.1.1-5, 2.1.1-2, 3.2.2-5, 3.2.7.

The Third Schedule of the RMA sets out 11 water quality classes with standards for each class. The two classes with the most stringent standards are classes NS (Natural State) and AE (Aquatic Ecosystems).

To maintain areas of high water quality in their natural state; prevent any further degradation of coastal water quality and enhance all areas of degraded water quality in order to restore marine ecosystems and provide for healthy contact recreation and fishery purposes.

To identify coastal waters where water quality has been degraded from sewage and industrial discharges, and set target dates for improvement to a standard suitable for gathering shellfish for human consumption.

To require tertiary treatment of municipal sewage, and require all existing sewage discharges which receive less than tertiary treatment to cease within seven years of the date of notification of this plan.

To require all land based discharges of organic contaminants, especially sewage and animal wastes, to be discharged (after treatment) to land.

To encourage port companies and district councils to provide sewage collection and toilet facilities within heavily used coastal areas such as ports and marinas.

To control discharges from larger vessels, and encourage the use of sewage and waste holding tanks on vessels.

To develop measurable physical, chemical and microbiological limits to include in water quality standards so that the public can see whether water quality is being maintained. A network of sites will be established where water quality is regularly monitored.

Control of activities which might adversely affect water quality, through resource consent requirements - refer to rules.

Encourage all vessels greater than 6 metres in length to have sewage retention tanks capable of discharging to receiving tanks onshore.

Providing an advice service to boat owners on equipment and discharge facilities.

Assist district councils in establishing sewage collection facilities at key locations.

Regular monitoring of water quality at identified sites.

NZCPS Policies 1.1.1-5, 2.1.1-2, 3.1.1-3, 3.2.1-8, 3.3.1-2, 3.5.1-3, 5.1.1, 5.1.6. NZCPS Schedules 1.2-4, 1.7, 1.9

To protect marine ecosystems and the natural character of the coastal environment from the adverse effects of marine farming.

To define areas where marine farming is appropriate because of site suitability and low impact on the natural character of the coast, and conservation, amenity and Maori cultural values.

Regional councils are responsible for approving and managing the effects of new marine farming ventures where these involve exclusive occupation of the space and/or structures in the coastal marine area. To prevent ad hoc proliferation of marine farms there must be policies and criteria governing their establishment and location.

Marine farming can change the present species mix because structures such as racks and barrels provide an artificial habitat which may attract species otherwise present only in small numbers. Debris from marine farms including shells, dead stock and pseudo faeces usually alter seabed conditions and affect bottom dwelling marine life. Farm structures such as inter-tidal racks, buoyed lines of barrels and sea cages affect the seascape and restrict public access.

NZCPS Policies 5.1.1-7, 5.2.1-5, and 1.1.1-5, 2.1.1-2, 3.2.2-5, 3.2.7.

NZCPS Schedules 1.10

To prevent the introduction of unwanted marine organisms by ships from foreign waters.

To promote and contribute to research into the possible effects of ballast water discharge.

To take a precautionary approach in preventing the discharge of foreign organisms within the CMA.

Prohibition of foreign ballast water discharge and hull cleaning of foreign vessels in the coastal marine area - refer to rules.

Monitoring of port areas to allow rapid response to any introduction of foreign organisms.

Work with other regional councils and the Ministry of Fisheries to establish a programme to sample ballast water and sediments before discharge to establish whether toxic dinoflagellates and other foreign marine organisms are present.

Discharge of ballast water from overseas vessels risks the introduction of unwanted exotic marine organisms such as the voracious Northern Pacific sea star contained in ballast water and sediment taken on board in foreign ports. Most regional councils have no monitoring programmes which check for the presence of introduced organisms. Baseline information is vital to establishing the extent of current problems.

Despite anti-fouling treatment foreign vessels accumulate barnacles, crustacean and seaweed on their hulls. Once scraped off hulls these organisms drop into harbour waters and there is a significant risk of introducing exotic species to New Zealand waters. Little is known about the extent and spread of ballast water hitchhikers.

NZCPS Policies 1.1.1-5, 2.1.1-2, 3.2.2-5, 3.2.7, 5.1.1-7, 5.2.1-5.

To direct the development of boating facilities to appropriate locations.

To identify existing and already modified areas suitable for mooring, boatshed and berthing facilities, and direct development to these locations.

Encourage the intensification, redevelopment or expansion of existing marinas, where this will result in fewer adverse effects than the construction and operation of new marinas.

Control of boating facility development through resource consent requirements - refer to rules.

Marinas can create a self perpetuating demand for continued expansion and provision of additional facilities as well as increasing use of coastal areas easily accessible from the marina. Ad hoc proliferation of these facilities degrades the coast's natural character and coastal landscape.

NZCPS Policies 5.1.1-7, 5.2.1-5, and 1.1.1-5, 2.1.1-2, 3.2.2-5, 3.2.7.

NZCPS Schedules 1.6

To avoid significant disturbance of the foreshore, seabed, and associated ecosystems.

To control mechanical disturbance of the seabed and foreshore in order to safeguard marine ecosystems.

To control seimsic surveys on the seabed and foreshore in order to safeguard marine ecosystems.

Control of activities which might adversely affect foreshore or seabed ecosystems through resource consent requirements - refer to rules. Consent will not be granted for any activity that may destroy bottom communities of coral and bryozoans or dislodge rocks and animals from reefs.

Mechanical disturbance of the seabed may have significant adverse effects. It can destroy bottom dwelling communities and adversely effect water quality. Dumping of sediment and material from harbour dredging can have similar effects.

NZCPS Policies 5.1.1-7, 5.2.1-5, and 1.1.1-5, 2.1.1-2, 3.2.2-5, 3.2.7.

To maintain and enhance the quality of coastal water in order to restore marine ecosystems and provide for healthy recreation and fishing.

To control the discharge of waste material from large vessels, including the discharge of fish wastes and the dumping of dredgings, in order to maintain or enhance water quality.

Control of discharges at sea through resource consent requirements - refer to rules.

A build up of fish processing waste can create anoxic conditions on the sea floor. Dumping of dredgings can smother marine life and affect light infiltration. Some marine life can return after dumping but this lacks the diversity of the original community. Marine disposal of harbour and wharf dredgings can create persistent problems due to the presence of contaminants such as tributyl tin, (anti-fouling compound) mercury and copper in sediment.

This rule will ensure that the effects of discharges at sea will be minor. In considering applications the likely cumulative effects of more than one discharge will be considered.

Objective

To maintain or enhance coastal air quality, and minimise climate change effects of discharges.

To ensure that the global warming potential of any emissions is minimised consistent with international obligations.

Discharges to air should:

(a) not release contaminants in concentration or at rates that could adversely affect human health or ecosystems in receiving environments;

(b) not be noxious, dangerous, offensive or objectionable to the extent that they could adversely affect community use of the coastal environment or adversely affect wildlife; and

(c) not release particulate matter that could become noxious, dangerous, offensive or objectionable to an extent that it has or is likely to have an adverse effect on the environment, including by restricting visibility on public or private properties.

Discharges to air resulting from incineration of hazardous waste or domestic or industrial waste shall not be allowed in the coastal marine area.

Council will require use of the best practicable option to prevent or minimise adverse effects on the environment, for any coastal permit that is to be exercised for discharge of contaminants to air.

These gases contribute to acid rain and global warming, and the council also has a responsibility to promote the efficient use of natural resources. However it is not practical to control all emissions.

To integrate the management of the Coastal Marine Area and land above the line of mean high water springs, to ensure the sustainable management of the coastal environment as a whole.

District Councils will identify a coastal environment zone, within which activities will be controlled to maintain and enhance the natural character of the coast and its ecological, landscape and traditional Maori values. The coastal environment zone shall include:

• The land area of all offshore islands.

• All coastal dunelands and wetlands.

• All estuaries and lagoons.

• Potential hazard areas, including land susceptible to flooding or potentially affected by predicted 100 year sea level rise.

• Any other areas considered appropriate by the district council.

The same controls shall apply to a coastal riparian management zone, protecting the ecological integrity and hazard mitigation effectiveness of the coastal environment zone. The riparian management zone shall be measured from the inland boundary of the coastal environment zone or, where this does not apply, the coastal marine area.

The coastal riparian zone shall have a standard width of 20 metres of the land surface, for land with erosion limitation 3 or less. The width of the riparian zone will be increased in accordance with increasing slope and erosion limitation. Added to the basic zone will be:

5 metres width for each 5 degree interval rise above 5 degrees slope (LRI); and

10 metres width for each increment in erosion limitation above 3(LUC); and

All Class VIIe and class VIII land adjoining the coastal environment within the catchment.

Pest control, other than the aerial or spray application of pesticides.

Planting or enhancing indigenous vegetation

Public foot access and recreation, except where specifically restricted for public purposes in that area.

The launching and use of sea-going vessels, except as otherwise restricted by this plan.

Structures for safety or navigation purposes.

Establishment of marine protected areas.

Earthworks using powered machinery, including that for roading.

Commercial mineral extraction or the removal of sand, rocks, shingle and shell using motorised equipment or vehicles.

Mechanical disturbance of the foreshore and seabed, including dredging, or for the purpose of construction.

Marine farming is a limited discretionary activity in areas identified as appropriate. In these areas the regional council's discretion will be limited to:

• the condition and maintenance of structures;

• the effects of sedimentation or accumulation of organic and inorganic matter associated with the farm;

• servicing vehicles and motorised craft;

• discharges;

• lighting, marking and navigation and safety matters;

• hours of activity and level of noise.

Dumping of more than 100 m2 of fill, dredgings or clean solid waste, including that for reclamation.

The pumping of sea water other than by vessels or for emergency services.

Discharge of contaminants to air via the flaring of hydrocarbons from petroleum exploration or mining.

The construction of any permanent structure, except as otherwise provided for in this plan.

Burning of vegetation.

Clearance of indigenous vegetation, including patch clearing, roading, vehicle tracking and line cutting.

Subdivision.

The scraping and cleaning of hulls of foreign vessels.

Commercial fishing activities and use of set nets in the following areas and times:

· Waters within 1 nautical mile of a seal rookery, or albatross, mollymawk, penguin or gannet colony or any other major bird colony;

· Areas where concentrated feeding of seabirds or marine mammals occur, with fishing activities that are likely to disturb, trap or ensnare feeding birds or marine mammals;

· Areas commonly used for feeding and breeding by Hectors and other dolphin species;

· Areas commonly used as feeding or nursery habitat by baleen or toothed whales.

Marinas and permanent moorings outside areas identified in the plan as appropriate.

The piped discharge of chemical or biological waste, excluding discharges from vessels.

Marine farming outside areas specifically identified in the plan as appropriate.

The planting or liberation of any introduced plant or animal identified as a pest in any New Zealand pest management strategy.

Aerial or spray application of pesticides.

Construction of new public utilities such as telecommunication masts, powerlines and roads.

Seismic surveying

Grazing of stock.

Motorised craft including jet skis, in coastal areas identified as important to wildlife, where noise and wash may disturb breeding, feeding, and roosting.

Motorised craft, including jet skis, producing noise levels greater than 55 DBH (decibels measured hourly) outside identified areas along the coastline where the adverse effects of noise on amenity are acceptable.

Discharge of chemical and biological (including fish processing) wastes from vessels greater than 6 metres in length within 1 nautical mile of the coastline and within enclosed coastal waters identified in the plan.

Motorised land vehicles, except in approved boat launching and other specified areas, and use by emergency services.

Commercial mineral extraction or the removal of sand, rocks, shingle and shell using motorised equipment or vehicles, in areas identified as having significant conservation value.

Discharge of foreign ballast water.

Marina development in areas specifically identified as per following rule.

Marine farming in areas specifically identified in the plan for the protection of significant indigenous vegetation and the habitat of indigenous fauna, outstanding landscape and natural character.

Dumping of toxic waste, hazardous substances or refuse.

Motorised craft travelling at more than 5 knots: - within an estuary

- within 200 metres of shore

- within 500 metres of shore if the
vessel exceeds 10 metres in length.

In assessing resource consents, the council will take into account the following matters:

No activity will be permitted within the Coastal Marine Area which would affect the overall ecological resilience and functioning, habitat values or character of the following:

• any estuary, lagoon or wetland system.

• any roosting, breeding, spawning or feeding area for any protected indigenous bird mammal or fish species.

• any indigenous vegetation

• any outstanding landscape or natural feature.

• any ASCV, coastal Protection Area or other identified area of high natural, physical or cultural value.

 

To integrate the management of the Coastal Marine Area and land above the line of mean high water springs, to ensure the sustainable management of the coastal environment as a whole.

The Council will identify a coastal environment zone, within which activities will be controlled to maintain and enhance the natural character of the coast and its ecological, landscape and traditional Maori values. The coastal environment zone shall include:

• The land area of all offshore islands.

• All coastal dunelands and wetlands.

• All estuaries.

• Potential hazard areas, including land susceptible to flooding or potentially affected by predicted 100 year sea level rise.

• Any other areas considered appropriate by the district council.

The same controls shall apply to a coastal riparian management zone, protecting the ecological integrity and hazard mitigation effectiveness of the coastal environment zone. The riparian management zone shall be measured from the inland boundary of the coastal environment zone or, where this does not apply, the coastal marine area.

The coastal riparian zone shall have a standard width of 20 metres of the land surface, for land with erosion limitation 3 or less. The width of the riparian zone will be increased in accordance with increasing slope and erosion limitation. Added to the basic zone will be:

5 metres width for each 5 degree interval rise above 5 degrees slope (LRI); and

10 metres width for each increment in erosion limitation above 3(LUC); and

All Class VIIe and Class VIII land adjoining the coastal environment within the catchment.

Ecosystems

(including areas of significant indigenous vegetation and significant habitat of indigenous fauna)

NZCPS policies 1.1.2, 1.1.3, 3.2.3, 3.3.1-2.

To maintain, enhance and restore coastal ecosystems for their intrinsic, recreational, amenity and Maori cultural values.

To control activities in order to protect significant coastal ecosystems and ensure the sustainable management of all natural areas in the coastal environment.

Control of activities adversely affecting ecosystems, and restoration of degraded areas, through resource consent requirements - refer to rules.

The Council will work with the Department of Conservation and other groups to identify and prioritise areas for enhancement and restoration.

Protecting and restoring indigenous ecosystems, mainly through special management and consent requirements, is the most effective means of achieving the purpose of the RMA. Coastal areas have historically been the first to be settled and coastal ecosystems have suffered as a result. Protecting the remaining indigenous component and natural character of coastal ecosystems implements the Council's statutory responsibilities.

NZCPS Policies 1.1.1-5, 3.1.1-3, 3.2.1-5, 3.2.7, 3.3.1-2.

To recognise and protect the sensitivity, function, natural values and natural processes of coastal landscapes, including sand systems, wetlands, cliffs, headlands, ridgelines, and hills.

To ensure appropriate vegetation cover, consistent with natural character and intrinsic values remains through:

• Strict limitations on removal and disturbance of native vegetation;

• Recognising the importance of the diversity of native vegetation for wildlife habitat;

• Encouraging removal of inappropriate exotic species;

• Encouraging/requiring planting and stabilisation with native species appropriate to the locality.

To limit landuse activities and developments to particular locations and to a scale and intensity compatible with the capacity and capability of the site, where any adverse effects of use and development will be remedied and mitigated.

To avoid, as far as possible use and development that will have adverse effects on natural landscapes in areas identified in the plan as having outstanding natural landscapes or regionally significant landscapes.

To enhance and improve existing impacts from use and development, including roads and services, on the coastal landscape.

The Third Schedule of the RMA sets out 11 water quality classes with standards for each class. The two classes with the most stringent standards are classes NS (Natural State) and AE (Aquatic Ecosystems).

District councils can not set water quality standards as this is the function of regional councils, but they can control land uses so as to achieve these standards, particularly if (as in most cases) water quality is determined by non-point source runoff from land in the district.

To maintain and enhance the quality of coastal water in order to restore marine ecosystems and provide for healthy recreation and fishing.

To manage land use so that coastal water quality standards are maintained, and where coastal water quality has been degraded from land-based discharges set target dates for improvement to a standard suitable for gathering shellfish for human consumption.

To provide sewage collection and toilet facilities within heavily used coastal areas such as ports and marinas.

To establish stringent performance standards for construction and maintenance of septic tanks in coastal areas to prevent seepage of sewage effluent.

To advocate for measurable physical, chemical and microbiological limits to include in water quality standards so that the public can see whether water quality is being maintained. A network of sites will be established where water quality is regularly monitored.

All existing commercial and industrial activities likely to be used for the processing, storage or transit of toxic, bioaccumulative or persistent contaminants will be required to put in place stormwater containment systems, including ponds and bunds, to prevent run-off of contaminants into coastal waters and rivers and streams flowing into estuaries.

To identify existing refuse disposal sites, including those no longer in use, where remedial action is required to limit the movement of leachate and collect this leachate for treatment.

To identify existing landfills on estuarine and coastal sites and establish a date for their closure.

Control of activities affecting water quality through resource consent requirements.

Regular monitoring of water quality at identified sites.

Stormwater can be a significant source of contamination with heavy metals and hydrocarbons from motor vehicles, bacteria, and nutrients and pathogens from animal faeces. It can contaminate shellfish and swimming areas and lead to undesirable biological growths.

Landfills sited on the coast, particularly beside estuaries, result in contaminants including heavy metals reaching seawater from stormwater runoff and leaching. They are prone to inundation causing extensive modification of estuarine margins, rubbish in the sea, and landscape degradation. Predicted sea level rise will accentuate this problem. Landfills attract rodents which in turn attract cats, stoats, and other predators of birdlife. There is no reason to locate landfills on the coast.

To control land use in the margins of the coast to prevent nutrient enrichment of coastal waters.

To implement riparian management along the entire coastline of the district to mitigate the adverse effects of non-point discharges of contaminants from land use.

To identify areas where control of non-point source discharges (such as fertiliser application) is required to improve coastal water quality.

Development of a riparian buffer between coastal land use and the marine environment through resource consent requirements.

Promotion of sustainable land management, particularly in coastal areas

Land use such as fertiliser application, stock grazing, spray irrigation of effluent, and silage pits leads to nutrient enrichment of run-off. This run-off can reduce water clarity, alter colour, lead to surface scums, contribute to toxic algal blooms, stress sensitive species, degrade the habitat for benthic invertebrates and spawning fish. The rate of flushing, wave action, temperature, dominant biota and total nutrient load in coastal waters affect the extent of nutrient enrichment.

Estuaries are prone to nutrient enrichment as nutrients become "trapped" within the estuary sediments where tidal inlets do not drain completely with the ebbing tide. Nutrients such as nitrogen and phosphorus stimulate algal growth which can have nuisance effects and affect oxygen levels when they decay.

The mining of non-renewable fertiliser base materials is not sustainable. Energy involved in fertiliser manufacturing, transport and application comes from fossil fuels.

NZCPS Policies 1.1.1-5, 3.2.9, 3.4.1-6.

To protect the values of dune ecosystems and maintain their role in hazard mitigation.

To establish a dune buffer zone to conserve sand in the beach and foredune and allow natural fluctuations and periodic beach erosion to occur within safe limits.

To encourage the planting of native sand binders such as pingao and spinifex where vegetation is required to help trap windblown sand and stabilise the dune system.

Control of activities which might adversely affect dune ecosystems through resource consent requirements - refer to rules.

Beaches change their form and volume according to incoming wave conditions, tides, winds, currents and vegetation cover. Foredunes are a flexible buffer or "shock absorber" against beach erosion. They act as a store of sand that can be given up during storms. Erosion from time to time should be expected and a large and well vegetated foredune is the most effective, cheapest and most natural form of coastal protection. Where the foredune is removed for shoreline development or where overuse or loss of vegetation have left it in poor condition, sand may blow further inshore creating a nuisance. The foredune becomes less effective as a buffer in storm wave erosion. Dunes which have a gently sloping front face are less likely to be cut away than dunes with a steeply sloping face.

The following are Permitted Activities:

Fencing for the purpose of animal (including livestock) control.

Structures for safety or navigation purposes, except in areas with identified ecological, landscape or Maori cultural value.

Pest control, other than the aerial or spray application of pesticides.

Planting or enhancing indigenous vegetation

Public foot access and recreation, except where specifically restricted for public purposes in that area.

Stormwater discharges from industrial and commercial sites and residential subdivisions, treated to a standard that mitigates adverse effects on coastal waters, particularly estuaries, using one or more of the following methods:

- silt traps,

- wetland retention areas,

- swale drains, or

- such other alternative as is acceptable to the Council.

The construction of any permanent structure, except as otherwise provided for in this plan.

The construction of any temporary structure covering more than 200 m2, except as otherwise provided for in this plan.

Earthworks, including aleration of une systems, using powered machinery.

Grazing of stock.

Aerial or spray application of pesticides.

The planting or liberation of any introduced plant or animal identified as a pest in any New Zealand pest management strategy.

Clearance of more than 0.2 ha in total of indigenous vegetation, including patch clearing, roading, vehicle tracking and line cutting.

Subdivision.

Exotic forestry.

Dumping of fill, dredgings or solid waste.

Timber and firewood extraction.

Commercial mineral extraction

Burning of vegetation.

Motorised vehicles or craft in areas identified as important to birdlife, and other areas identified as inappropriate.

Commercial and industrial activities likely to be used for the processing, storage or transit of toxic, bioaccumulative or persistent contaminants, other than in designated port areas.

Landfills.

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