Example issues for RMA Plans
Regional plan issues
Issue 1
Discharges of contaminants from agricultural activities into rivers, streams and lakes in the Erehwon Region reduce water quality and can damage aquatic ecosystems by increasing the levels of suspended solids, nutrients and faecal coliforms.
Issue 2
Poorly managed earthworks and land clearance, and land cultivation accelerates erosion in the Waipopo hill country and contributes to decreased water quality in the Monowai River through increased sediment loadings.
Issue 3
Use and development in the coastal marine area near Port Whangarua can have an adverse on the navigation and safety of ships by obstructing the use of navigable waterways, altering water currents, or contributing to changes to the form of the coast and seabed through accretion and erosion.
District plan issues
Issue 1
Intensification of land use and development in the rural environment of Whatsup District can adversely affect the visual and scenic character, and health, safety and enjoyment of residents by changing the appearance of the area and increasing noise, vibration and traffic.
Issue 2
Increases in the area of land used for residential purposes throughout the Whatsup District can result in the loss of areas of significant indigenous vegetation, and the drainage of wetlands with high levels of biodiversity.
Issue 3
The use of land for more intensive forms of development in hazard-prone areas throughout the Whatsup District can exacerbate existing landslip, erosion, inundation and falling debris hazards, threatening the health and safety of residents and increasing the risk of damage to buildings and property.
Case law of relevance to issues or topics
Regional issues
Canterbury Regional Council v Waimakariri District Council [2002] C005/02.The question of global carbon dioxide emissions is not a matter for a regional council to address because it has no direct regional effect. If the Minister for the Environment does not produce a National Policy Statement that could relate to that issue, there is no subrogate duty for the regional council to fill the gap.
Royal Forest and Bird Protection Society v Northland Regional Council [1998] A033/98. Regional policy statements may contain issues, policies and methods in respect to pest management but regard should be had to consistency between such statements and any pest management strategy under the Biosecurity Act 1993.
Te Awatapu O Taumarere v Northland Regional Council [1998] A034/98. The Court held that an objective of maintaining and enhancing the quality of water bodies so as to be suitable for cultural purposes can be included in a regional policy statement.
Golden Bay Marine Farmers v Tasman District Council [2001] W042/01. Matters to be taken into account in preparing a regional coastal plan include:
- the life-supporting capacity of ecosystems and their intrinsic values
- staging, when this relates to providing information to safeguard such values
- water quality in bays
- navigational routes
- landscape / natural character / amenity issues
- discharge of contaminants
- risk of adverse effects to health and safety of vessel operators
- general sustainability issues relating to natural resources (including fisheries); and monitoring.
Matters not to be taken into account in preparing a regional coastal plan include:
- those matters relating to s30(2) issues (the effects on fishing and fisheries of aquaculture activities and occupying a coastal area for aquaculture activities)
- access to an existing fishery by other fishers
- allocation of fishery resources
- impact on an existing fishery
- utilisation and sustainability of fisheries resources
- nutrient availability as it affects marine farms
- rotational issues that relate to the interaction of different fisheries
- sustainability of fish stocks
- fish species and marine organisms which are being fished
- staging, where this relates to fisheries conservation issues.
A regional council must not have regard to trade competition when preparing a plan.
District issues
Foot v Wellington City Council [1998] W073/98. The RMA contemplates that a plan may contain provisions which ensure that views are a factor to be considered in respect of proposed development and use of land.
