S293 Kauri Dieback Management for 'Urban Zones'

Graphic on consultation on earthworks rules for kauri dieback

The Environment Court directed our Council to undertake a consultation process with regard to a proposal to include new rules relating to Kauri Dieback disease management in the ‘Urban Zones’ of our District in the Proposed District Plan. The proposal was notified on 14 November 2019. Submissions closed at 5pm on 24 January 2020.

On 17 June 2021 the Environment Court issued a draft decision on the s293 RMA process after a primary decision on appeal. This is an indicative decision on the evidence and submissions of parties.

Submitters and our Council were asked for responses by 9 July 2021 and our Council sent a response to this draft decision.

We now await a final decision from the Environment Court.

Summary

The proposed rules are designed to prevent the spread of Kauri Dieback disease and promote the protection of kauri by requiring people carrying out earthworks within a ‘kauri hygiene zone’ to obtain resource consent. Earthworks within a ‘kauri hygiene zone’ are a restricted discretionary activity which require a Kauri Dieback Disease Risk Management Plan to be prepared, approved and implemented.

The proposal was notified on 14 November 2019. Submissions closed at 5pm on 24 January 2020.

Consultation Package

Consultation Cover Letter

Appendix A - Basic Kauri Dieback Facts

Appendix B - Environment Court Decision for 'rural lifestyle zone, conservation zone' - 18 March 2019

Appendix B - First interim decision, Second interim decision 

Appendix C - Proposed new rules for Urban Zones

Appendix D - Submission Form

Public notification 

Submissions

There are a number of ways you can make a submission

  • submit online
  • complete a submission form and email to consultation@tcdc.govt.nz 
  • or post to us, Thames-Coromandel District Council, Private Bag Thames 3540 or 
  • drop it into any of our service centres, Thames, Whitianga, Coromandel and Whangamata

If you have any questions about this proposal or about how to make a submission, please contact us on 07 868 0200 or email customer.services@tcdc.govt.nz

Background

The Department of Conservation (DOC) lodged an appeal to our Council's Proposed District Plan in June 2016 seeking new controls be included in the Rural, Rural Lifestyle and Conservation zones that would require any earthworks within three times the radius of a kauri tree (the "kauri hygiene zone") to be undertaken in a manner which follows a particular protocol to avoid the spread of kauri dieback didsease.

The Environment Court issued its decision on the appeal on 18 March 2019 and confirmed the new earthworks rules for the Rural, Rural Lifestyle and Conservation Zones of the District, subject to a number of amendments (“the Environment Court decision”).

The new rules require a Kauri Dieback Disease Risk Management Plan (“management plan”) to be prepared, approved and implemented before any earthworks can be undertaken within a kauri hygiene zone. The management plan requirements are comprehensive and ensure that any soil and organic matter from the earthworks is safely contained.

Pursuant to section 293 of the Resource Management Act 1991, the Environment Court also directed the Council to apply similar rules to the ‘Urban Zones’  of the District which were not included as part of the Director-General’s appeal. As part of that process, the Council is undertaking public consultation.

Kauri Hygiene Zone

(Click the image to open a larger version)

Kauri Hygiene Zone Graphic