District Plan Review FAQs

The Waikato District Council appointed a seven-person independent panel to hear and decide submissions on the Proposed Waikato District Plan:

• Dr Phil Mitchell (Chair)
• Mr Paul Cooney (Deputy Chair)
• Mr Dynes Fulton
• Mr Weo Maag
• Ms Linda Te Aho
• Ms Jan Sedgwick
• Ms Janet Gibb

Not all seven commissioners sat on each hearing however.

Specific people can then join an appeal by becoming what is called a “section 274 party”, even if they were not a submitter or further submitter. A section 274 party to an appeal is basically someone who wishes to support or oppose an appeal point. Not everyone is eligible to become a party to an appeal and there are specific criteria.  To be a section 274 party, you must be either: 

• the Minister for the Environment;
• a local authority;
• a person who has an interest in the proceedings that is greater than the public generally (excluding any person or business who may be a trade competitor and is acting to prevent the applicant from engaging in trade competition); or
• a person who made a submission about the matter.

Any eligible person who wishes to become a party to any appeal under section 274 of the Resource Management Act must give notice to do so to the Court, the Waikato District Council and the appellant within a further 15 working days after the period for lodging appeals ends.  

If you are considering lodging an appeal, or becoming a section 274 party, we suggest that you seek your own legal advice.

Stage 1 of the Proposed District Plan was notified on 18 July 2018 and consisted of all resource management topics except the natural hazards and climate change. Stage 2 of the Proposed District Plan includes a new set of proposed objectives, policies, rules and definitions (provisions) and hazard overlay areas (shown on the planning maps) to manage the risk of natural hazards, and to mitigate and/or adapt to the effects of climate change. Stage 2 also includes a variation to some of the provisions in Stage 1 to ensure that there is a consistent approach to the management of natural hazard risk across the whole district plan.

There are seven hazard overlay areas and three coastal sensitivity areas shown on the Proposed District Plan (Stage 2) planning maps. These are based on the most up to date expert technical assessments and modelling.  The hazard overlay areas identify land where certain types of natural hazards are present.  Sensitivity areas identify land that may be impacted by coastal inundation or erosion over a period of 100 years.  Stage 2 hazard and coastal sensitivity overlay areas are as follows:

• Floodplain Management Area – shows the extent of flooding from the Waikato and Waipa Rivers during a 1% Annual Exceedence Probability (AEP) flood event (see below for an explanation of Annual Exceedence Probability);
  
  
• Ponding Area – two ponding areas have been identified on the planning maps. These are located adjacent to the eastern bank of the Waikato River in Huntly south and around Lake Waahi and Lake Puketirini in Huntly West;
  
  
• High Risk Flood Area – these areas are a subset of the Floodplain Management Area and are areas where the depth of flood water during a 1% AEP flood event exceeds 1 metre and the speed of flood water exceeds 2 metres per second. The High Risk Flood Areas have only been identified adjacent to the main stem of the Waikato River between Horotiu and Ohinewai and a small length of the Waipa River from Saulbrey Road in Ngaruawahia to the confluence further north in Ngaruawahia;
  
  
• Defended Area – this overlay area identifies land that would be at risk of flooding during a 1% AEP flood event if flood protection was not provided by a stopbank. These areas are generally located along the length of the Waikato River from the southern boundary of Huntly township to Otaua in the northern part of the district;
  
  
• Mine Subsidence Risk Area – This area identifies land in Huntly East that is currently at risk of subsidence due to historic underground coal mining activities and the subsequent closure and refilling of the Huntly East underground mine;
  
  
• High Risk Coastal Hazard (Erosion) Area and High Risk Coastal Hazard (Inundation) Area – these overlay areas identify land where there is significant risk from either coastal erosion or coastal inundation resulting from existing sea level and coastal processes. These areas have been identified in Raglan and Port Waikato urban areas and Whale Bay.
  
  
• Coastal Sensitivity Area (Erosion), Coastal Sensitivity Area (Open Coast) and Coastal Sensitivity Area (Inundation) – these overlay areas identify land that is potentially vulnerable to either coastal erosion or coastal inundation over a 100 year period to 2120, assuming a sea level rise of 1.0 metre as a result of climate change. 

Not all hazards have been mapped. The location and extent of hazards such as land instability, wild fire and liquefaction have not been specifically identified. These hazards are to be assessed when subdivision of land and other activities such as multi-unit development are proposed. Flood and ponding areas have not been mapped apart from the areas described above.  With the exception of the two identified flood ponding areas, any other flood ponding hazard will need to be assessed on a site-by-site basis when proposing to construct a building, carry out earthworks or undertake a subdivision.

AEP means Annual Exceedence Probability, which is sometimes described as a 1 in 100 year flood.  It is an exceptionally large flood event.  AEP is used to express the probability of an event of a certain size occurring in any one year. The probability is shown as a percentage, and in relation to flooding, it generally refers to a storm event of a specified size occurring in any given year. For example, a 1% AEP flood event has a 1% chance of occurring in any one year and is equal to a 100 year Annual Recurrance Interval (ARI) event.

For example:

• A 1% AEP has a 1% chance of occurring in any one year, or is a 1 in 100-year flood event;
• A 2% AEP has a 2% chance of occurring in any one year, or is a 1 in 50-year flood event;
• A 5% AEP has a 5% chance of occurring in any one year, or is a 1 in 20-year flood event.

All properties in Waikato district are subject to rules on land instability, wild fire, flood ponding and liquefaction. Areas where these hazards occur are not mapped (with the exception of two ponding areas in Huntly) and these hazards will be assessed when subdivision of land and activities such as earthworks and multi-unit development are proposed.

The proposed objectives, policies and rules in Stage 2 of the Proposed District Plan apply mostly to areas where hazards have been identified on the planning maps. You can search for your property on the planning maps to see if any of the hazard overlay areas apply to your property. If there is a hazard overlay area on your property, you can then have a look at the rules that apply to that hazard area within Chapter 15 of the Proposed District Plan. Each section of Chapter 15 applies to a different hazard area, with the exception of liquefaction, which applies across the entire district. Each set of rules includes activities that may be permitted in a hazard area, and those that will require a resource consent. Please note that compliance with rules in Chapter 15 is required in addition to compliance with any relevant rules in Chapter 14 – Infrastructure and Energy, as well as the rules in the relevant zone chapter.

The new natural hazards provisions in the district plan will not affect the current activities and development on your property.  The new provisions may affect you if you want to subdivide, to construct a new building or utility or carryout earthworks.  In the case of any of those activities you will need to check the new provisions to confirm that the activity is permitted or if a resource consent is required from Council.

The Land Information Memorandum (LIM) is a summary of information that a council holds about any specific property.  It is not necessary for Council to include information on the LIM if the information is already publically available through the District Plan.  However, LIM reports generated by the Waikato District Council do include a reference to information that may be relevant to the property in the Operative and Proposed District Plans. 

Information relating to natural hazards will be included in the Project Information Memorandum (PIM).

The Floodplain Management Area shows the location and extent of flooding from the Waikato River and Waipa River during a 1% Annual Exceedence Probability (AEP) flood event. It includes the High Risk Flood Area and two mapped ponding areas (in western and southern Huntly). Development within this area is carefully controlled to ensure that the risk to people and damage to property from flooding is minimised.

The High Risk Flood Area is located within the Floodplain Management Area and is an area where the depth of flood water during a 1% AEP flood event exceeds 1.0 metre and the speed of flood water exceeds 2.0 metres per second. This area has been specifically identified in the flood modelling for the Waikato River between Horotiu and Ohinewai and for the Waipa River between Saulbrey Road and the confluence at Ngaruawahia. New buildings, earthworks and subdivision are strictly controlled in this area, as it is considered that there is the potential for serious damage to property and potential for loss of life or serious injury during a 1% AEP flood event.

Information on flood ponding on a property is required when applying for a building or subdivision consent. If your property is not within an identified flood or flood ponding area but may be subject to flood ponding, then this will need to be assessed and confirmed by a suitably qualified professional. 

New buildings applications will be required to confirm that there is a minimum freeboard between the 1% AEP flood or flood ponding level and the floor of the building. “Freeboard” means the minimum height of the lowest part of the floor of a building above the defined flood level. This information is to be assessed and confirmed by a suitably-qualified professional.

Land affected by current or future coastal hazards was assessed as part of the Waikato District Coastal Hazard Assessment (see Appendix 5(f) of the Stage 2 Section 32 Report).

High Risk Coastal Hazard Areas are shown on land that is currently at risk from either coastal erosion or coastal inundation with current sea level and coastal processes. The mapping of high risk areas has been carried out on the more densely-developed land in the urban areas of Raglan and Port Waikato.

Coastal Sensitivity Areas for erosion and inundation are shown on land that may be at risk of either erosion or inundation with 1.0 metre of sea level rise. Different mapping criteria have been used to map Coastal Sensitivity Areas, depending on whether the land is located in urban areas, rural areas within the estuaries and mouth of the Waikato River, at the entrance of an estuary, or on the open coastline. The criteria for mapping these areas can be found in the response to the peer review of the Coastal Hazard Assessment in Appendix 5(h) of the Stage 2 Section 32 Report.

Council has a legal obligation to enure that any new land use and development in the district is not at risk from natural hazards. It’s main objective in producing these maps is to get a better understanding of the location and spatial extent of natural hazards such as flooding, ponding, coastal erosion and inundation and mine subsidence, and to understand what level of risk each hazard poses to different types of land use and development.

Damage caused by these hazards can have a major impact on property, individuals and the community. The impact is not only economic, but social, emotional and in some cases can be life threatening.

The maps help Council to ensure that risk to future development in hazard areas is appropriately assessed so that it either avoids high risk hazard areas or is designed to reduce hazard risk where appropriate to do so.  Appropriate assessment of natural hazards also helps to ensure that new development does not increase the risk to surrounding properties.

House prices vary continuously with changes in the real estate market, and are based on a large range of criteria including location, schools, unique characteristics such as views, and house type.

Many areas in New Zealand are subject to natural hazards, and this does have some influence on people’s decisions on where they want to live.

It is important to note that these maps do not create a natural hazard, but rather they just illustrate where hazards are likely to already occur, and in the case of coastal sensitivity areas, may occur in the future. 

Insurance companies are in the business of knowing how much risk a property carries (including from natural hazards), whether a Council identifies them in a district plan or not. Insurers have a high level of awareness of natural hazard risk throughout the country and regularly evaluate this risk.

Prior to insuring a property, insurers consider the likelihood and impact of all risks to the property.  Property owners and potential purchasers should seek specific advice from their Insurance provider.

The council wrote to everyone with some part of their property included in a mapped hazard area,  even if only a small area is affected.  Very small areas cannot be shown clearly on the printed  maps.  You may get a clearer impression by looking at the online maps

Properties in the area shown on the planning map as “Defended Area (Residual Risk Area)” are protected by existing stopbanks.  No new stopbanks are planned at present.  The stopbank may be a kilometre or more away and not visible from your property.   The residual risk is that a flood might possibly affect this land in an exceptional case.  This is unlikely, but the proposed plan is seeking to cover the risk by restricting earthworks and the placement of new buildings within 50 metres of a stopbank, and requiring specific information around subdivisions.  If you have questions about the proposed plan please contact us at Waikato District Council.  If you have questions about the stopbanks, please contact Waikato Regional Council, which owns and maintains them.

A District Plan is a document which sets out the guidance and rules on how you can use and develop your land.

Every development project needs to be assessed under the Waikato District Plan to determine if resource consent is required.

The best way to view the District Plan is online as it is always up to date. You can also view a hard copy of the District Plan at Waikato District Council head office in Ngaruawahia or at any one of our outer offices and libraries.

Under the Resource Management Act, each provision of a District Plan has to be reviewed every ten years. Much of the review blends the Franklin and Waikato sections into a single District Plan with a consistent approach to development and growth for the first time since the district’s boundary changes in 2010.

Review of the District Plan allows communities to reassess environmental outcomes and priorities, and to redefine their vision for the future of the district.

The district plan affects the way you and your neighbours can use and develop your properties. It identifies a range of activities that are anticipated in the district, where they should occur and regulates these activities through the objectives, policies, rules, explanations and definitions.

The positive outcomes achieved through the district plan generally go unnoticed for most people and it is often not until someone wants to start a new activity or redevelop their property that they become aware of the district plan regulations and the intended outcomes.

Some common ways the district plan can affect property owners are:

• How close to the boundary you can build or extend your house, garage or other buildings.
• How many dwellings you can have on your property.
• Whether you can subdivide your property.
• Whether there are any 'special values' relating to your property.
• Whether you can operate a business from your home.
• The organisation of festivals and events.

The process for reviewing the District Plan looks like this:

We’re seeking further submissions on the Proposed District Plan (Stage 1) until 9am Monday 27 May.

Stage 1 includes all District Plan issues and provisions except for natural hazards and climate change, which are in Stage 2.  The same opportunities for making submissions and further submissions will be provided for all issues being handled as part of the Proposed District Plan (Stage 2).

We're expecting to publish a draft for Stage 2 later in 2019.

Consultation in more detail: Since work on preparing the Proposed District Plan started in 2015, it has involved comprehensive consultation with:

• Iwi through an Iwi Reference Group that was established (following consultation) as a forum for issues and options to be discussed
• The wider community – first through open days and opportunities to comment on the draft plan, then through a three-month period for formal submissions after the Proposed District Plan (Stage 1) was notified in July 2018, and now through a period for further submissions
• Key stakeholders with specific interests (such as other local authorities, and New Zealand Transport Agency), who have been consulted throughout the plan development
• Landowners who have been directly affected by a proposed provision (such as a heritage building or a Significant Natural Area) were invited to one on one meetings or been contacted by phone.

The Council staff have analysed all the submissions that were made on the Proposed District Plan (Stage 1) after it was notified in July 2018, and they have compiled a summary of the decisions requested. For the sake of simplicity we call this a Summary of Submissions, and we publish this summary in two ways – first, by alphabetical order of submitters, and second, by order of the chapter in the Proposed Distict Plan. These documents are prepared so people can quickly decide if a submission is of interest to them, and whether they wish to make a further submission to support or oppose the original submission.

A further submission is a written statement that allows you to support or oppose other people’s submissions. It also gives you the opportunity to comment on how a submission may impact you, and to have your views considered by the hearings panel along with the original submission.

You are entitled to make a further submission if you can demonstrate a special interest in the Proposed District Plan. So please take care to show either that your interest is greater than that of the public in general, or that you are representing a relevant aspect of the public interest.  If in doubt, please simply make a further submission and the hearing panel will decide whether it can be considered.

A simple example is an original submitter requesting a rezoning of a block of land (which includes your property) from Rural to Residential. If you consider this request has merit, you may lodge a further submission in support. Alternatively, if you consider that a residential zoning would be inappropriate for your property, you may lodge a further submission which opposes that original submission. In both cases, you need to provide reasons.

You do not need to have made an original submission to make a further submission.

Once the further submission period closes, council staff analyse the further submissions and make sure that they’re linked to the original submissions and the appropriate plan provisions.

The original submissions, as well as the further submissions, inform reports that council staff prepare ahead of the hearings.

The Long Term Plan summarises Council activities and how we expect to fund these over the next 10 years.

Our Blueprints are intended to capture your priorities for how we work together to build liveable, thriving and connected communities.

The District Plan sets the rules for how we manage, use and develop land.

The District Plan plays a big part in how the Waikato district develops, addressing such diverse issues as character, amenity, heritage and landscape, open spaces, urban growth, subdivision and coastal management.

The District Plan says how Council will manage significant resource management issues. This might include:

• Building development and earthworks
• Land use activities such as residential, retail and industrial activities
• Subdivision of land and associated earthworks
• Protecting historic heritage and natural areas
• Managing natural hazards
• Hazardous substances
• Contaminated land
• Noise control
• Activities on the surface of water in rivers and lakes

It also manages more minor matters such as the minimum distance a garage should be located from a property boundary.

Under the Resource Management Act, the District Plan does not address the following matters. Waikato Regional Council considers these matters in its Regional Policy Statement, Regional Coastal Policy Plan and Regional Plan.

• Soil conservation
• The maintenance and enhancement of the quality of water
• The maintenance of the quantity of water
• The maintenance and enhancement of ecosystems in water
• The taking, using, damming and diversion of water
• Discharges of contaminants into or onto land, air, or water and discharges of water into water
• Activities in the coastal marine area (below the high tide mark)

An appeal is filed with the Environment Court where a submitter or further submitter disagrees with any aspect of the decision. This can be narrow or broad. It could be an appeal on a single rule such as the maximum height of buildings, or a much broader topic such as management of growth.

The appeal process is different to the previous process which was managed by Council and the independent Hearings Panel. Appeals are managed by the Environment Court.  This means that the Court determines the process, although it often seeks input from Council (and its advisors) and all other parties (both appellants and interested parties).

Any person who made a submission or further submission on a provision or part of the Proposed District Plan may appeal to the Environment Court.

We have put all the appeals on Council’s website here.

Appeals can take some time to resolve, although the Environment Court often sets tight timeframes for reporting back to the Court to ensure progress is being made. There are a range of ways that appeals can be worked through, such as negotiation and Court-assisted mediation, and parties are encouraged to explore these before an appeal progresses to a Court hearing.

Yes, parts of the decision are likely to change through the appeals process, depending on the nature of the appeals. 

When an appeal is filed with the Environment Court, there is a requirement to provide a copy of the notice to everyone who made a submission about the subject matter of the appeal within five working days. Appellants often send their notice of appeal to a wider group of submitters than may actually be necessary.

Please read the notice of appeal carefully as it may be on a topic that you are interested in.

It is possible that an appellant has not correctly identified all the submitters, so it pays to check the appeals. 

If you have received notice of an appeal and you made a submission on the subject matter of that appeal, you can give notice to the Environment Court that you wish to join the appeal by becoming what is called “a section 274 party.” A section 274 party to an appeal is someone who wishes to support or oppose an appeal point.

 If you did not make a submission on the subject matter of an appeal, you may be eligible to become a party to an appeal if you meet the specific criteria.  Not everyone can become a party to an appeal. To be a section 274 party, you must be either:

• the Minister for the Environment;
• a local authority;
• a person who has an interest in the proceedings that is greater than the public generally (excluding any person or business who may be a trade competitor and is acting to prevent the applicant from engaging in trade competition); or
• a person who made a submission about the matter.

Any eligible person who wishes to become a party to any appeal under section 274 of the Resource Management Act must give notice to do so to the Court, the Waikato District Council and the appellant within a further 15 working days after the period for lodging appeals ends.

If you are considering becoming a section 274 party, we suggest that you seek your own legal advice.

The only way to tell at the moment is to read through each appeal. Over the next couple of weeks Council will read through each appeal and will put up an “appeals” version of the Proposed District Plan on its website. This version will highlight the provisions and maps that are subject to appeals.

Section 86F of the Resource Management Act requires a rule to be treated as operative where:

(a) no appeals have been lodged; or

(b) all appeals have been settled; or

(c) all appeals withdrawn or dismissed.

This means some rules can be “treated as operative” before others if no appeals are received. Rules that receive an appeal cannot be “treated as operative” until all the appeals on that rule have been settled.

If a rule can be “treated as operative”, the corresponding rule (if any) in the operative district plan falls away and no longer applies.

Over the next few weeks Council will read through each appeal and will put up an “appeals” version of the Proposed District Plan on its website. This version will highlight all of the provisions, including rules and maps, that are subject to appeals.

Where Council is satisfied that a rule is not expressly referred to in an appeal and could not be altered as a consequence of relief sought on another provision in an appeal, it can be treated as operative.