Helpful tips and reminders
We’ve received number of Land Transfer Plans at s.223 stage with easement wording that doesn’t align with the Land Transfer Regulations 2008.
Please be aware that the water easements ‘right to drain wastewater/stormwater’ are incorrect. The correct terminology is ‘right to drain sewage/water’ as per the regulations. There may be times where the consent condition states
‘wastewater/stormwater’ incorrectly. Please make sure that all easements for water are correctly termed as per the regulations.
We’ve noticed that applications for both Land Use and Subdivision are being lodged with Council without assessment of the cultural values. Please keep in mind that if cultural values have not been adequately addressed in your application Council
may look to return your application or issue a section 92 to ensure that these matters are addressed. Further information is provided below:
Did you know that applications for any resource consent where the activity is within the Waikato River Catchment (refer to the planning maps) are expected to include details of consultation and any outcomes reached with local iwi/hapuu?
Chapter 19.2 of the Waikato Section and Part 52 of the Franklin Section sets out the information required to be submitted with all applications:
- Chapter 19.2
- Part 52
Cultural Values Assessment
In addition, where cultural effects are relevant, resource consent applications need to address actual or potential adverse effects on cultural values.
The best way to identify these values and take these into account is through consultation with the relevant iwi/hapuu.
Cultural values may be affected by an activity subject to or involving:
(a) a site of historical or cultural significance to tangata whenua such as urupaa (burial sites), waahi tapu (sacred sites), known archaeological sites, or nohoanga sites (seasonal occupation sites);
(b) flora and fauna of cultural significance to tangata whenua such as a mahinga kai (food resources) or species used for other cultural practices such as weaving (raranga) or traditional medicine (rongoaa);
(c) areas of historical or spiritual importance to tangata whenua;
(d) areas with significant landscape values to tangata whenua, including areas identified as cultural landscapes;
(e) waterways or wetlands of importance to tangata whenua;
(f) significant areas for tangata whenua within the coastal environment such as tauranga waka (canoe landing sites), mahinga kai areas (food resources and gathering) or waahi tapu.
As part of the resource consent process, an application may need to provide a Cultural Values Assessments (CVA),
prepared by iwi/hapuu or their nominee. Not all resource consent applications will require a CVA. This needs to be decided by the relevant iwi/hapuu. After consultation, iwi/hapuu may advise that a CVA is not required.
If you are unsure what iwi/hapuu groups are interested in where you are developing, please feel free to get in contact with our Iwi and Community Partnerships Team via PIH@waidc.govt.nz who can provide you with
contact details for the relevant groups.