Coastal land development

Methods for specific issues

Natural character of the coastal environment

Regional policy statements

Regional policy statements can provide overarching direction to manage the effects of coastal development on natural character through:

• defining natural character
  
  
• identifying the main issues and effects associated with coastal development on natural character in the region
  
  
• identifying the resource management issues of significance to tangata whenua associated with the natural character of the coastal environment
  
  
• policies that identify and protect areas with significant natural character
  
  
• policies that outline what is inappropriate/appropriate subdivision, use and development in regards to the preservation of natural character
  
  
• policies that promote integrated management across jurisdictional boundaries.

Regional policy statements may include criteria for defining natural character and assessing proposed coastal development impacts on natural character. For example, policy one and two of the Protection of Natural Character section of the Taranaki Regional Policy Statement provide criteria to assess what is natural character and determine appropriate subdivision, use and development within the coastal environment. This includes considering the degree to which the existing coastal environment is modified and the cumulative effects on natural character.

Regional policy statements provide the framework for protecting natural character at the regional level and regional and district plans must give effect to these statements. It is important that policy statements are clearly translated into regional or district plans to effectively manage the effects of coastal land development.

Regional coastal plans

Regional coastal plans can manage effects of development on natural character in the coastal marine area through objectives, policies and rules that control certain activities or protect identified areas (in schedules or on planning maps). The Environment Waikato Regional Coastal Plan provides a best practice example on how to determine what is inappropriate use and development in the coastal marine area. The plan also identifies areas (including natural features) and characteristics of special value to tangata whenua in the coastal marine area and uses this as a method to implement policies for the preservation of natural character.

Although regional coastal plans apply to the coastal marine area it is important that these policies are considered in coastal land development decisions, especially in relation to the flow-on effects on natural character.

Regional plans (including regional coastal environment plans)

Regional plans that apply to the coastal environment can provide wider protection of the natural character of the coastal environment through objectives and policies and rules that extend landwards of mean high water springs.

Policy 4.2.3(b) of the Bay of Plenty Regional Coastal Environment Plan provides a best practice example of how to provide direction on the level of protection of natural character to be given in particular localities within the wider coastal environment. This includes reference to identified areas of significant conservation and cultural value. The plan also makes specific reference to management guidelines for different coastal areas (eg, harbours, headlands, etc) and these are attached as an appendix to the plan.

Regional plans that apply to the wider coastal environment plans can identify areas of natural character or value that should be protected. For example, Chapter 6 (Natural character and appropriate use of the coastal environment) of the Environment Canterbury Regional Coastal Environment Plan 2003 contains policies setting out how Environment Canterbury and territorial local authorities will avoid, remedy or mitigate the adverse effects of coastal land development on the identified values of Areas of Significant Natural Value, including those identified by tangata whenua.

Regional plans (coastal environment) can also manage effects on natural character by identifying zones that are appropriate for development. For example, section 3.3.2(c) of the Bay of Plenty Regional Coastal Environment Plan has a harbour development zone that recognises the highly modified nature of the area and the appropriateness of locating development within this zone to preserve natural character values of the coast elsewhere.

Rehabilitation of natural character should also be considered, for example, objectives 10.3 and policies 10.4 of the Auckland Regional Plan: Coastal provide good examples of objectives and policies for natural character protection and rehabilitation in both the coastal marine area and the broader coastal environment.

District plans

District plans are the main mechanism for controlling subdivision and development of coastal land and play an important role in managing the impacts from development on the natural character of the coastal environment. District plans can manage coastal development impacts on natural character through:

• objectives, policies and rules that protect areas of high natural character and encourage development in already modified coastal environments
  
  
• objectives and policies that aim to rehabilitate natural character
  
  
• objectives, policies and rules to encourage subdivision and building design that is compatible with landscape, natural features and processes (eg, maintaining areas of natural open space, setback from boundaries, restricting building density, and limiting development to one dwelling per title, height etc)


• objectives, policies and rules that require well-designed utilities and infrastructure that minimise adverse effects on the coastal marine area and have no net run-off effects
  
  
• objectives, policies and rules that protect representative areas of vegetation that contribute to natural character
  
  
• policies that aim to protect elements of natural character identified as significant to tangata whenua
  
  
• requirements for esplanade reserves, esplanade strips, or reserve contributions as part of developments to retain open natural space at coastal margins.

Waitakere District Plan identifies natural character through a mapping system and provides for the protection of natural character through objectives, policies and methods, as well as a separate section of coast-specific rules. The Waitakere City District Plan also provides a best practice example for supporting the restoration and rehabilitation of the natural character of the coastal environment. Natural character can also been defined through criteria and section 3.6 of the Proposed Waikato District Plan provides a useful list of the features considered to constitute natural character and the methods for protection.

Avoiding the cumulative effects on natural character from sprawling or sporadic coastal development is a particular issue. The Kapiti Coast District Plan provides a best practice example to manage the impacts of rural development on the natural character of the coastal environment. The cumulative effects from coastal land development on natural character can also be avoided or mitigated by encouraging growth in existing built up areas. Policies 8.4.2 and 8.4.4 of the Whangarei District plan provide good examples of policies that consider the cumulative effects of development and provide a directive to encourage growth in existing areas.

Territorial authorities may use development setbacks to restrict the proximity of buildings to the coastal marine area. For example, the Thames-Coromandel District Plan includes development setbacks in some of its structure plans, which are based on recommendations by Environment Waikato. Although these setbacks are predominantly for the purpose of management of coastal hazards, they support the functioning of natural coastal processes that contribute to natural character. The setbacks also include additional allowance for natural character and amenity values in undeveloped areas.

Resource consents

When considering resource consent applications conditions may be imposed to avoid, remedy or mitigate potential adverse effects on natural character. For example, conditions can be imposed that:

• preserve areas of natural character, including the imposition of covenants and requiring the provision of esplanade reserves or strips
  
  
• control the location and design of structures so the effect on natural character is avoided or if not possible appropriately mitigated
  
  
• rehabilitate natural character when appropriate to mitigate adverse effects.

For example, a coastal development that requires vegetation removal may have a consent condition to impose rehabilitation of the site through planting once the works have been completed. In some circumstances, it may be appropriate to impose off-site restoration of natural character as a mitigation measure. This approach was used as a condition of thethe Whangamata Marina consent and is often called off-setting ( See the Indigenous Biodiversity Guidance Note for more information).

Tangata whenua may recommend particular conditions of consent in Cultural Impact Assessments prepared for coastal land development activities. Such conditions may include provisions for esplanade reserves/strips, covenants and buffer zones around culturally important areas of high natural character.  

Monitoring and reporting

Monitoring and reporting can help determine the impact coastal land development has had on the natural character of the coastal environment and provide a baseline to assess the effectiveness of policy and plan provisions, the impact of proposed developments, and the effectiveness of conditions of resource consent.  For example, Taranaki Regional Council's 2003 State of the Environment Report includes a chapter on natural character, and includes a summary of actions that have been taken to preserve the natural character of the coastal environment.

The Hauraki Gulf Forum 's 2008 State of the Environment Report provides an update on the 2005 report, and a baseline to measure future changes within the Hauraki Gulf including natural character.

Bylaws

Bylaws can help preserve the natural character of the coastal environment against coastal development impacts by regulating things such as waste and beach use. For example, the Kapiti Coast Beach Bylaw 2009 has sections that manage litter control and removal of material from the beach. Bylaws can protect other aspects that contribute to natural character such as water quality and vehicle access.

LTCCPs

LTCCPs can provide direction for the preservation and restoration of natural character through community outcomes and outline methods to achieve these outcomes. LTCCPs have the advantage of guiding council financial and annual planning activities and may provide funding for projects to preserve, restore or rehabilitate natural character. For example, the Thames Coromandel LTCCP has community outcomes that aim to retain the natural landscape and minimise the negative impacts of people on the coast.  

Technical assessments

Technical assessments and reports can be used to help identify and define areas of natural character within the coastal environment. These assessments may be carried out as part of a region or district-wide assessment, be focused on a particular area under pressure for development, or as part of the assessment of environmental effects for a resource consent application. For example, Hastings District Council commissioned a series of technical reports as part of the development of the Hastings Coastal Environment Strategy which included addressing natural character in a wider report on Part II RMA matters.

Strategies

Natural character is often a specific management issue in strategy documents and an underpinning value when developing a vision for a region or district. For example, the Wairoa Coastal Strategy developed a 20-year vision that includes cluster developments on the coast in order to preserve the natural character of the coastal environment.

The Wairarapa Coastal Strategy provides for the management of coastal development impacts on natural character and includes a concise description for natural character. The strategy lists the key issues and the goals to be achieved in regards to natural character on the Wairarapa Coast. The strategy helps local authorities to develop their own planning provisions and to maintain consistency across the Wairarapa for natural character protection and rehabilitation.

Conservation management strategies, prepared by the Department of Conservation, can also protect natural character. For example, the draft Bay of Plenty Conservation Management Strategy sets out a vision for conservation that includes recognising and valuing the natural character of the Bay of Plenty. Conservation strategies are usually limited to the conservation objectives of the Department of Conservation and may not address all natural character effects associated with coastal land development.

Structure plans

Structure plans provide direction on how development should occur within a particular area and can be effective to preserve natural character. Structure plans may minimise impacts of future subdivision and development on natural character of the coast by encouraging growth in areas where natural character is already compromised. Structure plans may also provide protection of areas of high natural character such as parks/reserves and encourage non-intrusive use and activities in those areas.

The Mahia Beach Township Structure Plan, prepared as part of the Wairoa Coastal Strategy, has an outcome of encouraging clustered growth of the settlement to avoiding ribbon development that can threaten natural character. The structure plan has also identified actions around natural character restoration through riparian planting/restoration. These actions included a plan change to the Wairoa District Plan to specify increased landscape requirements in relevant development projects located within the Mahia Beach Township upper catchment.

Community approaches

An effective way to preserve and restore the natural character of the coastal environment is to help community groups get involved in coastal management. The community can get involved in the preservation and protection of natural character through groups such as coastcare/beachcare. These groups are a collection of volunteers that may undertake planting, fencing, walkway construction, water monitoring and other activities that enhance the natural character and quality of the coastal environment.

Coast Care Bay of Plenty is a best practice example of a community group that uses local knowledge and enthusiasm to restore the natural form and function of the coastal environment. Community approaches can have a 'flow-on ' effect as group members often provide information and encourage others to join to promote good coastal management practices.  

The Whaingaroa Environment Community Group is also a best practice example of a community group that was established after concerns about erosion and other environmental problems in the area around Whaingaroa (Raglan) Harbour. The Group was originally supported by Environment Waikato and Landcare Research, and is now partially funded by the Ministry for the Environment. The Group coordinates a catchment project and promotes the adoption of their Catchment Plan that focuses on improving the health of the Whaingaroa Harbour over a 25-year period.

Land acquisition

A council may acquire land under threat from coastal development where there is a need to preserve natural character of that area.  For example, over several decades, the Auckland Regional Council has developed a Regional Parks network after identifying the need to secure key strategic areas of land for public parks to prevent the vulnerability of coastal land to subdivision and the loss of public access to the coast. While the approach originally focused on protection from subdivision and ensuring continued public access, it has also protected the natural character of the coastal environment. Designations also provide a method to acquire land.

Management plans guidelines

Coastal compartment management plans may provide specific provision for the management of natural character. For example, Rodney District Council has proposed a Coastal Compartment Management Plan for Omaha. This plan discusses appropriate structure design and planting to protect and enhance natural character. There are a number of other coastal compartment management plans within the Auckland region.

Management plans often contain guidelines for a specific area which provides a good method to ensure development occurs in a manner that preserves and enhances the natural character characteristics of that area. For example, the Wellington City Council South Coast Management Plan provides guidelines for coastal development and restoration, such as the design of structures and planting for the south coast.

Management guidelines may be developed on a wider scale, such as the Management Guidelines for Natural Features and Landscapes in the Bay of Plenty Regional Coastal Environment Plan. These guidelines describe the characteristics and vulnerability of natural coastal areas, including harbours, bays, and headlands, and provides methods to manage coastal development impacts on natural character. These guidelines can be used when preparing and assessing resource consent applications.

Design guides

Design guides may be prepared to help practitioners preserve the natural character of the coastal environment and determine appropriate subdivision, use and development within the coastal environment. Guidelines may be specific to an area, prepared for the region or district, or may provide general guidance to assess coastal development impacts on the natural character of the coastal environment. For example, Kapiti Coast District Council's Best Practice Subdivision Guide includes responding to the coastal landform as a key design element for subdivisions.

Iwi management plans

Iwi management plans (IMPs)  can provide statements about the elements of natural character within the coastal environment that are important to tangata whenua. IMPs may include issues and policies to protect and enhance natural character of the coastal environment within the rohe (territory) of the tangata whenua preparing the plan.  For example, an IMP may contain policies that allow new coastal subdivisions where new residents are only allowed to plant indigenous coastal plant species in gardens and landscaping and/or  not have pets.  Other conditions could include a requirement to restore the natural character of the coastal environment.

Policy section 3.6.1 of Te Poha o Tohu Raumati: Te Runanga o Kaikoura Environmental Management Plan identifies the protection of the natural character of coastal areas from inappropriate growth and development as a key issue for Ngati Kuri in the Kaikoura area. Supporting policies seek to ensure that natural character is maintained or enhanced, and that coastal land is developed in an appropriate manner. The policies give direction to a range of different methods that practitioners can take into account in developing plans, policies and other methods. Te Poha o Tohu Raumati: Te Runanga o Kaikoura Environmental Management Plan has been developed so that it can be easily interpreted by RMA practitioners, including the use of the same terminology as the RMA and direct reference to sections of the RMA, including s6(a) on natural character.

Te Tangi a Tauira: The Ngai Tahu ki Murihiku Natural Resource and Environmental Management Plan 2008 identifies the cumulative effects on natural character as a key issue for Ngai Tahu ki Murihiku with respect to coastal land use and development. Policy 3.6.2 (8) of the IMP requires that an Assessment of Environmental Effects (AEE) for coastal development proposals include an assessment of potential cumulative effects on the natural character of the coastal environment.

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Coastal landscapes

Regional policy statements

Policy 1.1.3 of the NZCPS 1994 provides for the protection of landscapes, seascapes and landforms as important elements of the natural character of the coastal environment. Regional policy statements can provide regional direction on what landscapes, seascapes and landforms can be considered outstanding, significant or of high natural character value in the coastal environment (often identified through technical assessments). Regional and district plans must give effect to regional policy statements.  

Regional policy statements typically have landscape and coastal environment sections and may contain specific objectives and policies relating to coastal landscapes. For example, Chapter 10: Coastal Environment in the West Coast Regional Policy Statement has an objective to protect outstanding natural features and landscapes within the coastal environment from inappropriate subdivision, use and development. This objective is supported by policies that provide direction on how to determine outstanding landscapes and consider what constitutes inappropriate subdivision, use and development in the coastal environment. This section also notes the corresponding policies in other parts of the plan, such as Policy 9.1 in Chapter 9: Habitats and Landscapes. 

Policy One: Protection of Significant Areas, under Section 3.5.4 of Environment Waikato 's Regional Policy Statement includes the identification and protection of outstanding landforms and landscapes in the coastal environment. Methods to achieve this include consultation with territorial authorities, the Department of Conservation, coastal communities, iwi and other interested parties. These outstanding landforms and landscapes are identified in Map 3: Coastal Landscape Assessment of the Regional Coastal Plan.

Regional plans (coastal environment) and regional coastal plans

Regional plans (coastal environment) and regional coastal plans can manage coastal development impacts on landscapes by providing general areas, zones or schedules of outstanding or significant landscapes (often identified through technical assessments). These should be supported by objectives, policies and rules that protect the identified landscapes. These objectives and policies should:

• protect identified areas of outstanding or significant landscapes and the elements, features and patterns that provide the particular landscape qualities by placing clear restrictions on subdivision, use and development
  
  
• provide buffer zones around areas of coastal landscape value (eg, policy 4.1 of the Taranaki Regional Coastal Plan identifies areas of coastal value and policy 4.2 provides a buffer area around those areas to manage the adverse effects of development)
  
  
• provide rules on vegetation clearance and earthworks in outstanding, significant or high value coastal landscape or seascape areas
  
  
• provide criteria to assess what is appropriate coastal development in different landscapes.

The Fifth Schedule of the Environment Bay of Plenty Regional Coastal Environment Plan provides a best practice example of management guidelines and assessment criteria for different coastal landforms in the region, such as beaches, headlands and bays. The guidelines recognise the different sensitivities of each landform and provide clear guidance to assess the potential impacts of coastal development proposals on these landforms.

Environment Waikato 's Regional Coastal Plan includes a coastal landscape assessment map that identifies nationally, regionally and locally significant coastal environments. This map is used to reinforce plan provisions.

District plans

District plans can manage the impacts on coastal landscapes through zones, overlays or schedules that identify landscapes to be protected and objectives, policies and rules to protect those landscapes. Outstanding or significant landscape areas are best determined through specific technical assessments as they can be highly controversial due to contrasting perceptions and values. For the same reason, consultation with the local community is important to define significant landscapes.

District plans should provide a discussion on the issues and threats to coastal landscapes from development and have supporting provisions, including assessment criteria on what constitutes 'inappropriate ' subdivision, use and development in a district context. Objectives, policies and rules in district plans can protect coastal landscapes from development impacts by:

• restricting development in identified areas of outstanding, significant or high value landscapes
  
  
• restricting development on or near ridgelines, headlands or highly visible landscapes
  
  
• imposing design constraints such as building heights, design and scale
  
  
• managing development density through minimum site areas and  requirements to cluster buildings
  
  
• including rules for vegetation clearance and earthworks in outstanding, significant or high value landscape areas.

Refer to the Auckland City Proposed District Plan - Hauraki Gulf Section 2006 for a best practice example of managing the effects of subdivision on coastal landscapes. The Hastings District Plan includes a  best practice example of provisions to identify and protect outstanding landscapes from development.

District plans can also include development bonuses or other incentives for private property owners to protect coastal landscapes. For example, section 12.1 - Landscapes and Natural Features of the Partly Operative Far North District Plan 2007 contains provision 12.1.6.3.1 which sets out development bonuses as an incentive to protect landscapes on private property.

The Thames Coromandel District Plan identifies the different landscapes found in the district and lists the characteristics of those landscapes (Section 860). Detailed and concise policies to protect landscapes from inappropriate land use and/or subdivision are provided for in Section 212, as well as monitoring provisions to ensure the landscapes are being managed appropriately.

Rule 3 of the Natural Area: Coastal section of the Waitakere District Plan sets out likely conditions requirements and assessment criteria for earthworks in relation to impact on landscapes in the coastal environment. This provides certainty to applicants on the requirements for earthworks in coastal areas, and the assessment criteria assists the council to determine whether the application is appropriate.

Resource consents

Conditions may be imposed on resource consents to avoid, remedy or mitigate potential adverse effects on coastal landscapes. For example, conditions can be imposed to:

• control the location, design and colour of structures so that the effect on coastal landscapes is avoided or mitigated
  
  
• require setbacks from coastal ridges or prominent natural features
  
  
• require planting to reduce the impact on outstanding landscapes.

Monitoring and reporting

Monitoring and reporting can help determine the impact of coastal land development on coastal landscapes. Information on coastal landscapes gained through monitoring and reporting provides a baseline to assess the effectiveness of policy and plan provisions, the impact of proposals for resource consent, and the effectiveness of conditions of consent. For example, the State of Southland 's Coastal Marine Environment report includes a specific section on Southland 's Landscapes and Natural Features, and includes indicators and a pressure, state and response model.

Technical assessments

Technical assessments provide a good method to identify different landscapes and landscape qualities. These can be undertaken at a regional, district or local level, or as part of a development proposal. Often these assessments focus on identifying different landscape types, including outstanding landscapes and landscapes with high natural character. The findings from technical assessments can subsequently be incorporated into planning documents and used in resource consent applications. For example:

• the Coromandel Peninsula Landscape Assessment provides a best practice example of a landscape assessment as it involved both experts and the community
• the Banks Peninsula Landscape Study prepared for Christchurch City Council provides a best practice example of a landscape study that incorporated a landscape assessment prepared by tangata whenua
• Greater Wellington Regional Council commissioned a landscape technical report as part of the preparation of the Wairarapa Coastal Strategy.

See the landscape guidance note for more information on landscape assessments.

Strategies

Protection and enhancement of coastal landscapes can be addressed as a specific management issue in strategy documents. Coastal landscapes are usually an underpinning consideration in developing a vision for a region or district. Some strategies, such as the Hastings Coastal Environment Strategy, have objectives and policies for landscape protection of specific areas whereas other strategies are more general.

Structure plans

Structure plans can provide detailed spatial information on appropriate coastal development, including managing the impacts of development on significant or outstanding landscapes. For example, the Mahia Beach Structure Plan, prepared as part of the Wairoa Coastal Strategy, has specific actions and objectives to protect landscapes from coastal land development impacts. These include limiting growth to within a defined urban boundary and restricting development above a certain height to protect landscape values.

Iwi management plans

Iwi management plans (IMPs) can be used by tangata whenua to articulate the values they associate with coastal landscapes, the key issues facing such landscapes, and policies to address those issues. For example, policy section 3.6.1 in Te Poha o Tohu Raumati: Te Runanga o Kaikoura Environmental Management Plan outlines the importance of coastal landscapes to Ngati Kuri, issues associated with coastal development, and policies to manage the potential impacts of coastal development on coastal landscapes. 

The Kai Tahu ki Otago Natural Resource Management Plan 2005 identifies several coastal areas as significant cultural landscapes and the important relationship between coastal landforms, coastline, sea and Kai Tahu ki Otago traditions and customs. Corresponding policies highlight the need for local authorities to recognise and implement provisions of the Ngai Tahu Claims Settlement Act (NTCSA) 1998, including Coastal Statutory Acknowledgements.

Management guidelines

Guidelines may be used to provide property owners with information on how to develop their properties while preserving landscape qualities. For example, the Kapiti Coast Environmental Guidelines for Rural Living, provide information on rural development that maintains rural character and may preserve landscape qualities.

Dunedin City Council has produced a set of landscape guidelines that describe landscape management areas (including coastal landscapes) and provide guidance for subdivision and development, as well as other activities such as forestry and track development.

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Coastal biodiversity

Regional policy statements

Regional policy statements can provide for the integrated management of development impacts on biodiversity across the mean high water springs boundary. This is important as there are a number of types of development and activities that cross this jurisdictional boundary and impact on biodiversity such as discharges, structures and earthworks.

The NZCPS 1994 states it is a national priority to protect ecosystems that are unique to the natural character of the coastal environment and vulnerable to modification. Policy 1.1.4 of the NZCPS 1994 states that natural biodiversity is an important component of the natural character of the coastal environment and requires special protection. Regional policy statements play an important role to ensure the biodiversity is considered in terms of its contribution to natural character and landscape in the coastal environment and provide direction to regional and district plans.

Regional policy statements should include policies and methods to maintain and enhance biodiversity both on coastal land and the coastal marine area. Area of significant indigenous vegetation and habitats of indigenous fauna should be identified at the regional level, while providing clear guidance to regional and district plans on appropriate protection methods. The Government 's Statement of National Priorities for Protecting Rare and Threatened Native Biodiversity of Private Land provides guidance from a national perspective on New Zealand 's most rare and threatened biodiversity, including coastal ecosystems and habitats.
The Horizons Regional Council Proposed One Plan provides a best practice example of how a regional policy statement, regional coastal plan and regional plan can be combined to provide an integrated management approach to managing the coastal development effects on specified coastal habitats.

Policy Three (A) of the Waikato Regional Policy Statement provides a good example of a policy to protect the characteristics of natural areas and significant indigenous vegetation. Regional policy statements may also protect biodiversity from coastal development impacts through policies relating to riparian vegetation, fish passage, and public access.

Policy One [Avoid, Remedy or Mitigate adverse effects on biodiversity] of Section 3.11.4 of the Waikato Regional Policy Statement includes consultation with tangata whenua as a method, to provide for cultural perspectives in the management of indigenous biodiversity. The Southland Regional Policy Statement identifies the reduction in biodiversity and the resultant impact on tangata whenua values as a key issue. Policy 2.2 addresses the issue by applying and giving effect to Maori values in relation to areas of significant indigenous vegetation and significant habitats of indigenous fauna.

Regional plans (coastal environment) and regional coastal plans

Regional coastal plans and regional plans that apply to the wider coastal environment can provide objectives, policies and rules to manage the impacts of coastal development on biodiversity by:

• limiting development and activities in areas of significant coastal or marine biodiversity
  
  
• providing provisions for the restoration of ecologically important areas
  
  
• providing rules on the removal of indigenous vegetation (including mangroves)
  
  
• restricting development and activity where they will interrupt or disturb ecological sequences or corridors
  
  
• restricting the disturbance of fragile coastal ecosystems such as extraction of sand and shingle from the foreshore or sand banks.

Regional coastal plans can be effective to avoid, remedy, or mitigate impacts on biodiversity when they include objectives, policies and rules for specific coastal management zones. For example, the Northland Regional Coastal Plan has identified the Marine 1 (Protection) Management Area which applies to areas considered to have an important conservation value and these areas are managed to ensure these values are given specific protection.

The Auckland Regional Plan: Coastal defines two types of Coastal Protection Areas which reflect the different values, size and the degree of vulnerability of the areas. Chapter 5 (Natural Features and Ecosystems) of the plan contains objectives, policies and rules to guide management considerations of these areas. Policy 5.4.6 provides assessment considerations for whether rehabilitation and restoration is appropriate and, if so, the extent to which this should be carried out. The Auckland Regional Plan: Coastal also includes specific provisions relating to the management of mangroves.

Policy 3.2.10 of the NZCPS 1994 states that policy statements and plans should indicate that when restoration plantings are carried out, preference should be given to the use of indigenous species, with a further preference for the use of local genetic stock. An example of an approach that meets these requirements is Policy 4.2.37 of the Wellington Regional Coastal Plan which discusses the requirements for habitat restoration and replanting as conditions on resource consents.

District plans

District councils have responsibility for protecting areas of significant indigenous vegetation and habitats of significant indigenous fauna from the impact of coastal land development while maintaining indigenous biodiversity within their district. District plans should identify indigenous ecosystems and significant natural areas in planning maps and provide related objectives, policies and rules for their protection, maintenance or restoration, including through placing specific requirements on development on land adjacent to the CMA. District plans may also provide more general objectives, policies and rules that apply throughout the district. The Kapiti Coast District Plan provides a best practice example of managing native vegetation removal as a means of protecting biodiversity.

The New Plymouth District Plan identifies and lists 'significant natural areas ' on privately owned land in its district, with some formally protected. The Council has primarily used a non-regulatory approach to managing these significant natural areas, in the form of a management strategy, as outlined under Issue 16: Degradation and loss of indigenous vegetation and habitats of indigenous fauna of the New Plymouth District Plan. However, the district plan requires the effects of subdivision proposals on any significant natural areas to be specifically assessed and provides for the legal protection of significant natural areas as a matter over which control is reserved (see Rules Res 53-64). Issue 16 of the New Plymouth District Plan also provides an incentive of one extra allotment for landowners of significant natural areas who formally protect the significant natural area through covenants when subdividing.

Dunedin City Council considers a range of options to aid in the protection of identified habitats in the local area. Section 16 of the district plan lists economic instruments, the use of plans, cooperation with private landowners, and raising awareness as potential tools.

District plans should also include rules relating to earthworks to avoid sediment  runoff into the coastal marine area from coastal land development. See the Earthworks Guidance Note for examples of rules for managing earthworks.

For more information see the Indigenous Biodiversity Guidance Note.

Resource consents

Conditions on resource consents may be imposed to avoid, remedy or mitigate adverse effects on biodiversity through requirements to:

• protect and restore biodiversity
  
  
• undertake riparian planting
  
  
• provide buffers between habitats and development
  
  
• provide a bond to remedy any adverse effects on biodiversity
  
  
• provide ecological management plans and monitor the impacts of resource consents on ecology
  
  
• use only indigenous species, preferably local genetic stock, in landscape planting.

For example, the decision on Whangamata Marina Society Inc 's Restricted Coastal Activity Applications included a requirement to carry out restoration work following construction to remedy the adverse effects on biodiversity. The condition requires restoration and enhancement work to be undertaken in an 'enhancement area ' identified through a plan attached to the coastal permit.

Tangata whenua may recommend through a Cultural Impact Assessment, specific resource consent conditions to address impacts on areas of indigenous vegetation of significant cultural value. For example, a Cultural Impact Assessment prepared by Te Runanga o Kaikoura for a proposed coastal subdivision recommends a consent condition requiring a buffer zone of indigenous plantings between the proposed development and an ancient nohoanga site. The plantings are to restore indigenous biodiversity values associated with the site and mitigate adverse effects from the development.

Monitoring and reporting

Monitoring and reporting is useful to obtain information on coastal and marine biodiversity and can assist with the assessment of coastal land development on biodiversity.  Monitoring and reporting can also provide a baseline to assess the effectiveness of policy and plan provisions and the potential impact of resource consents proposals. For example, Environment Waikato uses an indicator on protected coastal areas as part of its monitoring programme and this includes coastal biodiversity. This provides the council with baseline information on the state of coastal biodiversity, against which it can measure change.

LTCCPs

LTCCPs can provide direction for protecting biodiversity through community outcomes and outline methods to achieve this, including RMA methods. For example, Taranaki Regional Council's LTCCP aims to ensure biodiversity is understood, valued, maintained and enhanced for future generations and that biosecurity risks are appropriately managed.  Methods include monitoring and reporting, grants and pest management strategies.

Strategies

Coastal land development issues and impacts on biodiversity can be addressed through strategies. For example, the Fiordland Marine Conservation Strategy outlines the key conservation management issues and objectives in Fiordland and recommends management options. Through the strategy, the Guardians advocate for an integrated approach to managing Fiordland 's fisheries and marine environment.

The New Zealand Biodiversity Strategy was prepared to meet New Zealand's obligations under the Convention of Biological Diversity. The strategy does not have legal status under the RMA but it useful to set out biodiversity challenges in New Zealand and reducing the loss of biodiversity. One goal of the strategy is the active protection of iwi and hapu interests in indigenous biodiversity. Another includes strengthening partnerships between government agencies and iwi and hapu in the conservation and sustainable use of indigenous biodiversity.

Strategies can be developed at more localised areas and Dunedin City Council's Biodiversity Strategy provides an example of a district strategy which covers funding availability and monitoring methods.

Department of Conservation Management Strategies, such as the Canterbury Conservation Management Strategy, provide an overview of conservation issues and give direction for managing important coastal ecosystems, particularly in light of increasing growth and development pressures.

Biosecurity threats can be managed through the development of pest control or management strategies. For example, the spread of spartina is managed through the Otago Regional Pest Management Strategy.

Structure plans

Structure plans can help manage the growth and development of an area, including effects on coastal biodiversity. For example, the Oakura Structure Plan, prepared as part of the New Plymouth Coastal Strategy, identifies the need to protect local vegetation and habitat along the coast and proposes actions to achieve this, such as supporting community approaches.

Management plans

Harbour management plans have been developed as a means of recognising the need for greater integrated management between land, catchment, and marine environments to protect and enhance biodiversity. Harbour plans often cross jurisdictional boundaries and can provide an effective partnership approach between councils to manage impacts on coastal biodiversity within a particular harbour or marine area.

The management of particular marine areas can involve conflicting community values and biodiversity considerations (eg, the spread of mangroves). Management plans can provide a useful method to manage and mediate that conflict. For example, the Pahurehure Inlet Management Plan developed by the Auckland Regional Council and Papakura District Council, provides an example of an integrated planning approach where different values, including biodiversity, were considered in order to achieve a community vision for the area.

Farm management plans are another method for managing the protection of biodiversity on private land. These plans are voluntary and are prepared by a council in partnership with farm owners to help farmers protect areas of biodiversity significance on their properties.

Action plans are a good way of managing the effects of coastal development on biodiversity though the identification of issues and recommendation of specific actions. For example, the Greater Wellington Draft Coastal and Marine Biodiversity Action Plan provides a good description of the threats and issues facing coastal and marine biodiversity and describes how Greater Wellington intends to address coastal and marine biodiversity degradation, and improve the protection of coastal sites with high quality biodiversity. The actions proposed include a range of useful methods to support biodiversity, including council funding for community groups, advocacy, and direct action through management of council-owned land.

Financial incentives

Financial incentives, such as specific funds and rates relief, can be used to encourage the protection of biodiversity. For example, Tasman District Council's Biodiversity Condition and Advisory Fund is targeted at protecting areas of indigenous vegetation, species and habitats outside public conservation lands. Northland Regional Council runs an Environment Fund, which includes a particular category for coastal dune enhancement and protection work.

Iwi management plans

Kaitiakitanga and traditional knowledge (matauranga) provide sources of information about management of biodiversity. Many iwi management plans contain objectives relating to the management and protection of important biodiversity, such as the protection of taonga species or ecosystems. Iwi management plans can provide RMA practitioners with guidance on protecting biodiversity values of importance to tangata whenua, by:

• identifying site or areas of culturally important indigenous vegetation
  
  
• providing cultural rationale for significance
  
  
• identifying cultural/customary use traditions
  
  
• recommending mechanisms to protect culturally significant biodiversity values (eg, consent conditions, covenants).

For example, Section 5.3.2 of the Te Taumutu Runanga Natural Resource Management Plan provides policies for protecting indigenous biodiversity within the coastal environment, including the control of exotic vegetation in beach and coastal dune areas in order to protect native sand dune ecosystem and plants. Section 3.5.7 of Te Tangi a Tauira: the Ngai Tahu ki Murihiku Natural Resource and Environmental Management Plan 2008 contains policies to recognise and provide for iwi and hapu interests in native biodiversity, including habitat protection, participation in planning processes, and the use of indigenous species to mitigate adverse effects of development.

Community approaches

An effective management method to enhance the biodiversity of the coast is for councils to work with and help fund community groups to protect and restore coastal areas, such as dune and estuarine environments. Coast Care Bay of Plenty provides a best practice example of community action to restore biodiversity values and manage the impacts of coastal development.

Raglan 's Whaingaroa Harbour Care Society provides another good example of a community-driven approach to biodiversity management. The goal of the society is to improve the water quality and biodiversity of the Whaingaroa Harbour and focuses on planting to help reduce runoff issues. The group was formed by local community members who work with other landowners, particularly farmers, to implement changes in land-use practices.

Hawke 's Bay Regional Council supports community approaches to sustainable land management through its Regional Landcare Scheme. The scheme includes biodiversity projects that aim to protect or enhance coastal ecosystems. This scheme provides management support and a financial incentive for farmers, property owners and community groups to develop and implement long lasting solutions to land-use problems.

Community assessments can also provide a source of local information about marine biodiversity. For example, see the Kaikoura Coastal Marine Values and Uses Characterisation Report prepared by Te Korowai o Te Tai o Marokura (the Kaikoura Coastal Marine Guardians).

Covenants

Covenants are a useful method of protecting habitats and ecosystems on private land. This can be done through a conservation covenant under section 77 of Reserves Act 1977, by a local authority or the Crown, or through a QEII National Trust open space covenant.

Other statutes

The Marine Reserves Act 1971 is used to establish and manage marine reserves administered by the Department of Conservation. The purpose of the Act is "to preserve as marine reserves 'for the scientific study of marine life', areas of New Zealand that contain underwater scenery, natural features or marine life of such distinctive quality or are so typical or beautiful or unique that their continued preservation is in the national interest". Information about current and proposed marine reserves can be found on the Department of Conservation website

The discharge of ballast water and hull fouling are issues that come under the Biosecurity Act 1993. Permission must be obtained from quarantine officers to discharge ballast in New Zealand waters.

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Public access

Regional policy statements

Section 6 of the RMA and policies 3.5.1-3.5.4 of the NZCPS 1994 recognise the national importance of maintaining and enhancing public access to and along the coastal marine area. The NZCPS 1994 requires consideration of areas where public access should be enhanced, where provisions should be made for the creation of esplanade reserves, esplanade strips or access strips, and the circumstances where public access may need to be restricted. The NZCPS 1994 also states that regional policy statements and plans should identify the nature and extent of access that tangata whenua have to sites of cultural value.

Regional policy statements must give effect to the NZCPS and should provide specific objectives and policies on public access issues associated with coastal land development. Implementation of public access provisions will be dependent on regional and district plans, which must give effect to regional policy statements through their objectives, policies and rules.

The Greater Wellington Regional Policy Statement provides a best practice example of objectives and policies that provide clear guidance on public access to the coastal marine area.

The Auckland Regional Council's Regional Parks network is another example of a long-term public access strategy. In the 1950 's the then Auckland Regional Planning Authority identified a need to secure key areas of land for public parks, particularly to prevent the vulnerability of coastal land to subdivision and the loss of public access to the coast. This strategy has led to the development of a strong regional parks network within the Auckland region.

Regional plans (coastal environment) and regional coastal plans

Regional plans (coastal environment) and regional coastal plans can manage the impacts from coastal development on public access through objectives, policies and rules. These plans should identify appropriate forms of public access, describe situations where public access to the coastal should be enhanced, and may also identify circumstances where public access may need to be restricted to minimise impacts on other coastal values (eg, to protect biodiversity or Maori cultural values). The West Coast Regional Coastal Plan provides a best practice example for managing public access to and along the coastal marine area.

One activity that can adversely impact on public access and other coastal values is the use of vehicles on beaches. Although vehicles are a form of public access they impede the access of other beach users and introduce additional safety, noise and disturbance issues into the coastal environment. The impacts from vehicles on beaches can be managed in coastal environment plans by identifying situations and locations where vehicle use is appropriate, inappropriate or prohibited.

Provision 14.2.4(f) in the Environment Bay of Plenty Regional Coastal Environment Plan provides an example of a management approach that restricts the use of vehicles on beaches to a list of specific uses. The Canterbury Regional Coastal Environment Plan provides an example of a plan that manages the use of vehicles based on suitable locations.

District plans

District plans can provide for public access through objectives, policies and rules and providing open areas of public space (eg, reserves). Subdivision and development controls are an effective way of maintaining and enhancing public access to and along the coast. For example, Policy 15.2.2(6) of the Proposed Western Bay of Plenty District Plan requires natural flow paths be maintained in urban growth areas for the purpose of providing public access linkages throughout the community for people walking, cycling and using mobility scooters. District plans may require reserves contributions (land or money) from new subdivisions as a way of providing for the increased demand or expectation of public access.

District plans can maintain and enhance public access when coastal land is developed through esplanade reserve and esplanade strip requirements, as the RMA allows for these to be set aside or created at the time of subdivision. Esplanade reserves and strips are an effective way to maintain public access along the coast when coastal land is developed. However, many councils are under pressure from developers to accept monetary contributions to waive their esplanade reserve requirements (usually 20m from mean high water springs). Clear objectives, policies and rules in district plans are required in relation to esplanade reserves to manage these pressures and ensure public access is maintained and enhanced when coastal land is developed.

The North Shore City District Plan provides a best practice example of comprehensive assessment criteria to guide decision-makers when assessing applications to reduce or waive esplanade reserve requirements. Also see the esplanade reserves, esplanade strips and access strip guidance note for more information.

The Marlborough Sounds Resource Management Plan seeks to recognise and provide for continued tangata whenua access to, and use of, traditional coastal resources (see Policy 1.4 in section 6.1.2 (Chapter 6)). This policy is a good example that gives effect to Policy 3.5.4 of the NZCPS 1994.

Policy 9.3 of the Hurunui District Plan is a specific policy on maintaining public access to significant natural resources, in a manner that considers other values relevant to the resource, including tangata whenua values.

Methods 3.8.1 and 3.9.1 of the Proposed Waikato District Plan provide for natural features and landscapes, while the required standards for setbacks and esplanade strips for the coastal environment are found in Chapter 26. These rules seek to maintain public access to coastal areas when coastal development occurs.

Auckland City Council provides for public access through the use of esplanade strips (Part 5 of the district plan) and recognises the importance of providing for this through the objectives, policies and methods contained in the plan. This section also highlights those times when public access cannot be maintained due to security, protection of habitats, or to preserve Maori or heritage sites.

Where strategies and structure plans have been prepared, district plans should directly link to these through objectives, policies and rules. This is especially important where strategies and structure plans have been prepared in order to manage growth and development pressures at the coast by securing public access opportunities.

Resource consents

Resource consent conditions can provide an effective method to manage the effects of coastal development on public access. Resource consent conditions may:

• control the location and design of buildings and structures so that they provide adequate public access along the coast and minimise impacts on other coastal values (eg, natural character)
  
  
• provide for multiple users of structures in the coastal marine area such as jetties and moorings, as a means of reducing the potential for further applications for coastal structures
  
  
• restrict the hours and types of public access where these may have adverse effects on the coastal environment
  
  
• require reserves contributions (for subdivision consents) to address the increased demand for public access from new coastal development.

Reserves contributions can also protect sites of significance to tangata whenua, by ensuring that tangata whenua maintain access to these places at the time of subdivision. For example, tangata whenua may request a particular area to be set aside as a reserve (eg, historic) to protect specific wahi tapu, and manage the impacts of increased public access associated with higher densities of dwellings and people in a coastal subdivision development.

The importance of maintaining public access in relation to coastal permits in the coastal marine area is specifically provided for in sections 122(5) and 108(2) (h) of the RMA. These provisions state that when granting a resource consent in the coastal marine area the presumption is that the public will not be legally excluded from the area. Any exclusion must be expressly provided for in the consent. Excluding public access from the coastal marine area was addressed in the Auckland Regional Council declaration (A024/01).

Monitoring and reporting

Monitoring and reporting can be useful to both determine the impact of public access from coastal land development, identifying the effectiveness of policies and strategies to improve public access within the coastal environment and measuring potential impacts on community values. For example, the Environment Southland State of the Environment Report provides a good example of recording and reporting information on the current issues associated with public access to the coastal marine environment. The report includes a useful map of existing access points and case studies of particular areas to demonstrate how public access issues are actually addressed. The summary of issues provides a good tool to help ensure consistency during policy development and to help decision-makers and developers understand and plan for coastal access issues.  Chapter 6, Coastal Management of Gisborne District Council's Regional Policy Statement includes the degree to which adequate public access to the coastal environment is provided or maintained as a key monitoring measure. Kapiti District Council's Monitoring Strategy includes an indicator of the number of public beach access-ways per area unit.

Bylaws

Bylaws are often used to control public nuisance and maintain public health and safety and can be used to manage access within the coastal environment. Bylaws can be useful to manage different forms of access such as vehicles, dogs and horses on beaches, to ensure public health and safety is enhanced and the impacts on other recreational activities are minimised. For example, the Kapiti Coast Beach Bylaw, 2009, covers a range of activities and use of the beach, including rules for vehicles and animals on beaches to manage the different forms of public access. Bylaws can also regulate navigation activities within the coastal marine area.

Reserves planning

Reserves planning can achieve the maintenance and enhancement of public access to and along the coast. This can be done through the RMA and esplanade reserves, reserve management plans and reserve acquisition plans. Reserve management plans may improve the quality of public space and access to the coast, and contribute to amenity by providing recreational facilities within the reserve. For example, the Waikirikiri Reserve Management Plan prepared by Gisborne District Council manages public access and use to meet the recreational needs of the reserve. Reserve management plans can restrict the types of access (eg, vehicular) to certain areas when considered necessary by providing rules and physical barriers.

Reserve management plans can also control beachfront creep and privatisation of public areas by the encroachment of private structures, fences and planting. For example, the Draft Reviewed Tata Beach Reserves Management Plan 2007 prepared by the Tasman District Council has a policy that ensures public access onto or across reserves is not restricted by buildings, fences or structures.

Strategies

Strategies can be used to provide direction on the future vision for public access in an area. Strategies can help to:

• identify areas of desirable public access
  
  
• help local authorities avoid pressure from developers to take monetary contributions in lieu of reserves by identifying the importance of public access
  
  
• provide clarity on where public access is important
  
  
• minimise the impacts of public access on other values.

The Northern Pegasus Bay Motor Vehicle Access Strategy, prepared by Environment Canterbury, Waimakariri District Council, Hurunui District Council, and the Department of Conservation, has recommendations that will guide these agencies to develop policies, rules and bylaws. However, the strategy was originally developed using a top-down approach and there has been limited buy-in from community and some of the councils. This example illustrates how strategies must be developed through an inclusive process where the community and relevant agencies are involved right from the start.

Access strategies are a good way of identifying areas where public access is desirable, for example to improve linkages between communities and the coast. For example, Far North District Council is proposing to develop an Open Space and Coastal Access Strategy in response to outcomes sought in their LTCCP.

Structure plans

Structure plans can provide detailed direction on how an area will be developed spatially to minimise adverse effects on the coastal environment. This may include direction on areas where public access should be maintained and enhanced and areas where it may be appropriate to restrict public access. For example, the Oakura Structure Plan was developed to implement the Whangarei Coastal Strategy at a local level and has identified future walkways to enhance public access.

Structure plans are a useful way of providing certainty on public access areas and may mitigate pressures on a council to take monetary contributions in lieu of reserves for public access.

Iwi management plans

Any access issues of importance to tangata whenua that are articulated in an iwi management plan must be taken into account in any RMA plan or policy development process. This is particularly important in terms of recognising and providing for customary use, protecting sites of significance, and also more general recreational uses. Public access to these areas may need to be restricted to recognise the importance of these areas to tangata whenua. For example, the Kai Tahu ki Otago Natural Resources Management Plan 2005  contains issues, objectives and policies (sections 5.8.6, 5.8.7 and 5.8.8), relating to access to wahi tapu within the coastal environment.

Section 3.6.4 of Te Tangi a Tauira: The Ngai Tahu ki Murihiku Natural Resource and Environmental Management Plan 2008 is a good example of how an iwi management plan can articulate the issues and policies associated with public access in coastal areas.

Public education

Public education is an important tool to raise awareness of the importance of public access and to achieve buy-in to objectives, policies and rules that restrict public access in certain circumstances. If the public are unaware of why public access should be enhanced or why restrictions have been imposed, they are less likely to adhere to them. Public education such as signage on beachfront reserves and publications with information on public areas can help reduce private encroachment (eg, through planting and fencing) on public land. Public education may also raise awareness and provide clear identification of areas that are freely available for the public to access.

Public access information could include:

• publicly available maps to show the boundaries of land administered by the Department of Conservation, council reserve areas, and areas allowing vehicular access
  
  
• explanation of the purpose and location of boardwalks, including why it is important to protect specific ecosystems
  
  
• the reasons why it is important for the community to protect dunes, such as the school teaching resource Life 's a Beach prepared by Environment Bay of Plenty
  
  
• the clarification and identification of public access to paper (unformed) roads
  
  
• notice boards installed by local authorities indicating legally accessible areas.

Land acquisition

Land acquisition is a tool that is available to create public access when the land is not owned by council (or the Crown). It is preferable for land for public access to be acquired through negotiation with landowners.

The creation of regional parks is a way of preserving public access to desirable areas in the region such as headlands and beaches. Regional parks can be secured by a council through specific policies, such as the Environment Bay of Plenty Policy of Regional Parks. Regional parks may also protect sites for their natural character, landscape, biodiversity, and heritage significance.

Design guidelines

Design guidelines can provide information on how to design public access provisions to minimise effects on the wider environment, as well as ensuring that public access is provided. For example, Wellington City Council has produced a guideline for boardwalk structures for the South Coast that provides practical measures for dune and vegetation preservation. Tasman District Council has notified a proposed Design Guide for Subdivision and Development in the Coastal Tasman Area as an appendix to its Resource Management Plan, including the provision of public access alongside coastal margins as a design criteria.  

Private agreements

Private agreements may be voluntarily put in place by landowners to provide public access over private land. As informal agreements can be terminated at any time, landowners and councils should have measures in place to manage this. This may include developing access strategies, providing alternative agreements, or regulating the existing agreements where it is desirable to maintain public access.

A code of conduct could be developed on public access over private land. This could be disseminated to both landowners and recreationalists and would provide a baseline for the sort of behaviour that landowners could reasonably expect on their property and a guide for the public as to what is acceptable and expected.

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Coastal historic heritage

Regional policy statements

Policy 3.1.2 of the NZCPS 1994 states that policy statements and plans should identify (in the coastal environment) and protect those scenic, recreational and historic areas, areas of spiritual or cultural significance, and those scientific and landscape features which are important to the region or district.

Regional policy statements should include policies and objectives requiring regional and district plans to identify and protect historic heritage, and provide criteria to assist with this task. For example, Policy 5.1 in the historic heritage section of the Proposed Greater Wellington Regional Policy Statement lists criteria for identifying heritage in regional and district plans.

Methods 6.4.2 in the Heritage Section of Auckland Regional Council's Regional Policy Statement includes a requirement that regional and district plans to include provisions which preserve or protect identified heritage resources, guidance on different protection mechanisms that can be used, and a requirement that the regional council and territorial authorities consult with tangata whenua to recognise heritage sites and areas of significance to iwi and hapu.

Regional plans, regional coastal plans and district plans

Regional plans, regional coastal plans and district plans can identify coastal heritage sites/areas to be protected in the coastal environment through zones, map overlays and schedules. These maps and schedules should be supported by clear policies and rules that outline the degree of protection that needs to be given. Where heritage sites have not been identified, 'alert ' layers may be included on planning maps to indicate where there is potential for impact on coastal heritage.

Common ways to identify places of historic heritage value include:

• liaison with the New Zealand Historic Places Trust and reference to its register
  
  
• reference to the New Zealand Archaeological Association 's register
  
  
• reference to Department of Conservation 's records
  
  
• consultation with the community and tangata whenua to identify heritage sites of significance to them
  
  
• reference to iwi management plans
  
  
• reference to previous planning documents.

The Auckland Regional Plan: Coastal provides a best practice example of a regional plan to preserve and protect coastal historic heritage. The Auckland City Council's Proposed District Plan - Hauraki Gulf Island 's Section 2006 demonstrates a best practice example of a district plan to identify heritage sites that traverse mean high water springs. The Southland Coastal Heritage Inventory Project is a best practice example of a collaborative approach to identify important coastal heritage sites.

Once sites have been identified regional and district plans can protect coastal heritage through objectives, policies and rules that:

• protect sites of significance identified in the plan
  
  
• protect sites that are unidentified (eg, through 'alert ' layers on planning maps)
  
  
  
• restrict or control the modification or alteration of historic buildings or structures
  
  
• provide design considerations in areas of heritage value
  
  
• restrict activities that may impact on coastal heritage.

Chapter 6 of the Auckland Regional Plan: Coastal includes specific objectives, policies, methods and rules to protect Maori historic heritage within the coastal marine area. Chapter 8 includes specific objectives, policies, methods and rules to identify and protect coastal heritage.

Chapter 10 of the Tasman Resource Management Plan includes objectives and policies that seek to protect and enhance cultural heritage items within the district. Policy 10.1.5 specifically requires that archaeological sites or sites of significance to Maori in coastal margins that are at risk of damage or destruction be protected by means such as the setting aside of esplanade reserves or strips. These policies are supported by methods such as investigation and monitoring, education and advocacy, and works and services.

The Rodney District Plan has a comprehensive heritage section, recognising that landscapes and areas can also be heritage items. Chapter 17 lists a range of issues and policies that address the sources of degradation to heritage items or areas, as well as the methods that will be used to protect these.

Another good example of providing for coastal heritage can be found in the Kaikoura District Plan (Chapter 15). An exhaustive list of the methods to be employed to protect Kaikoura 's heritage includes tools such as heritage orders, resource consent conditions, waiver of application fees for heritage enhancement works, and promoting public awareness. There is also a process outlined for the discovery of potential archaeological or other historical sites in the district.

Part 4.6 of the Buller District Plan includes objectives and policies about the protection of places and sites of historical and cultural value from the adverse effects of land-use activities and to ensure, where appropriate, that access to historic and cultural sites is maintained and enhanced.

Resource consents

Most councils use standard resource consent conditions relating to processes to be put in place if historic heritage sites are discovered  when development is underway (accidental discovery protocols). Resource consent conditions may also be used to place restrictions on the modification of heritage structures, sites and areas.

A Cultural Impact Assessment report, as part of a resource consent application, can be a good source of information on heritage sites of significance to tangata whenua, and guidance as to how to protect such sites.

See the Historic Heritage Guidance Note for more information.

Monitoring and reporting

Monitoring and reporting is a useful tool for determining both the issues associated with, and the impact of coastal land development on, coastal heritage, as well as monitoring the success of management methods to address those issues and impacts. For example, Chapter 3, Heritage and Cultural Values of Kapiti Coast District Council's 1999 Statement of the Environment Report identifies the need to identify and protect heritage features of significance and to recognise and provide for the relation of tangata whenua and the natural environment, as key outcomes against which to monitor.

Community approaches and joint initiatives

Joint initiatives and community approaches are a useful tool for identifying coastal heritage. For example, the Southland Coastal Heritage Inventory Project is a good example of a collaborative approach between the Historic Places Trust, Environment Southland, the Department of Conservation's Southland Conservancy, the New Zealand Archaeological Association, the University of Otago and local papatipu runanga to identify important archaeological and historical sites. The aim is to use the Coastal Heritage Inventory to update the sites listed in the regional coastal plan, the Southland District Plan and the Invercargill City Council Plan.

Strategies

Identifying and protecting coastal heritage can be addressed as a specific management issue in strategic documents. The Whangarei Coastal Management Strategy is a best practice example of how strategy documents can address coastal heritage.

Iwi management plans

Iwi management plans can provide RMA practitioners with a good source of information for identifying and subsequently protecting tangata whenua heritage values in the coastal environment. In addition, Iwi management plans will often set out how the tangata whenua wish to be engaged in policy, planning and resource consent processes associated with coastal land development and the protection of cultural heritage.

For example, the Hauraki Iwi Environment Plan recognises that identifying and protecting coastal heritage is an important issue to tangata whenua, and provides supporting objectives and policies that need to be taken into account in RMA planning processes.

For other methods see the Historic Heritage Guidance Note.

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Occupation and associated competition for space

Regional policy statements

Regional policy statements can help provide and direct the integrated management of occupation of space in the coastal environment, by requiring the development of regional coastal environment plans and provisions within regional coastal plans, regional plans and district plans that recognise the need for integration.  For example, see Chapter 13 of the Tasman Regional Policy Statement. The council aims to provide consistent resource management policies to address the cross-boundary issues and to continually work with adjacent authorities to address issues in a timely and effective manner.

Regional plans (coastal environment) and regional coastal plans

Regional plans and regional coastal plans can manage occupation and associated competition for space in the coastal environment by providing activity zones and identifying these on planning maps. These zones are particularly important in the coastal marine area where there are often competing uses and activities. Proposed Plan Change 1 (Moorings and Marinas Management Review) to the Northland Regional Coastal Plan provides a best practice example for managing structures in the coastal marine area. Regional plans and regional coastal plans may also provide a 'reverse zoning ' approach whereby certain activities are excluded from specified areas, for example, aquaculture exclusion zones.

Regional plans can manage the effects of increasing use and occupation of the coastal marine area through objectives, policies and rules that:

• recognise the functional need of some activities and structures to occupy space within the coastal marine area
  
  
• detail what is considered 'appropriate ' in terms of structures in the coastal environment (including any ability to use existing structures and the design of any new structures to minimise scale)
  
  
• control the type, frequency and duration of activities
  
  
• control activities on the surface of water that may have adverse effects
  
  
• include permitted activity rules for necessary occupation such as cables and lines
  
  
• outline coastal occupation charges.

The Southland Regional Coastal Plan includes a best practice example of objectives, policies and rules to manage the increasing intensity of use and occupation of the coastal marine area and potential conflicts between activities. 

To avoid the proliferation of structures in the coastal marine area, regional councils should include objectives around the functional need for structures to be located in the coastal marine area. For example, Policy 21.1.3 of the Tasman Resource Management Plan restricts the structures in the coastal marine area unless they specifically require a coastal location.

District plans

District plans may include an open space policy area or zone where the objective is to limit the number of buildings and structures to maintain open space. District plans may also include measures proposed for acquisition of public open space. For example Chapter 15 of the Manukau District Plan 2002 has five different public open space zones (eg, heritage and passive outdoor informal recreation) to differentiate between the predominant purposes of each.

Resource consents

Resource consents for occupation of space in the coastal marine area are not for exclusive occupation unless specifically provided for as a condition of consent. This specific requirement in section 122(5) of the RMA means it is important to carefully consider when exclusive occupation of the coastal marine area is appropriate.

Resource consents can help to manage occupation and associated competition for space through conditions that require the shared use of facilities. These conditions minimise the number of structures in the coastal marine area, and may refer to codes of conduct for certain types of use (eg, water ski clubs). Resource consent conditions can also be used to limit the area of occupation, or conditions may restrict access where it may have an adverse effect.

Cross-boundary issues associated with structures that cross the mean high water springs line can be addressed by joint hearings on consent applications.

Monitoring and reporting

Monitoring and reporting is useful to determine the impacts of occupation and competition for space on the coastal environment, on a regional, district and resource consent level. For example, a coastal permit for a new jetty may include conditions requiring the ongoing monitoring impact of the occupation of the coastal marine area on the marine environment.

Bylaws

Bylawscan be used to manage competition for space associated with growth and coastal land development. TheKapiti Coastal District Council Beach Bylaw 2009 outlines restrictions on vehicle access (which can conflict with other activities) and requires council approval in certain circumstances. Other relevant bylaws may include dog control, navigation, use of vehicles on beaches, and temporary events.  Part 13: Beaches of the Whakatane District Council Consolidated Bylaw 1997includes a clause (13.3.1b) that only authorises vehicle access on the beach for specific situations, and then further imposes a speed limit of 15 kph for any authorised vehicle access.

Management plans

Management plans can help manage occupation and associated competition for space related to growth and development on the coast. For example, Tasman District Council has a proposed Development Plan for Stephen 's Bay. This plan addresses the community 's concerns regarding conflicting activities and competition for space in and around popular recreation reserve areas. The development plan aims to find solutions to issues such as the increased number of boats being launched, vehicle parking and environmental impacts of activities.

Strategies

Coastal, growth or open space strategies can provide a vision for coastal areas including the use and occupation of space to minimise conflicts. Open space strategies are a useful method to identify and provide for public open space as coastal land is developed. These strategies usually describe the existing open space available and its quality then determine whether more open space is desirable or whether the existing level needs to be maintained or improved. For example, the Gisborne City (and Wainui) Open Space Strategy identifies that there is a large supply of open space and so does not propose an acquisition plan. Rather, it focuses on improving the quality of open space areas in light of growth and development pressures.

Structure plans

Structure plans help to manage occupation and associated competition for space in the coastal environment by providing a plan or vision for current and future development. The Structure Plans prepared as part of the Whangarei Coastal Management Strategy are a best practice example of how to manage growth and development pressures of coastal land.

Iwi management plans

Iwi management plans can provide a good source of information about tangata whenua values in the coastal environment and can help determine how increasing occupation and the competition for space in the coastal environment is likely to impact on these values.

For example, the Kai Tahu ki Otago Natural Resource Management Plan provides councils with direction on areas in the coastal environment where issues of conflict with tangata whenua values may arise. The guidance provided in the plan is particularly useful in terms of ensuring ongoing access to and availability of traditional and customary resources in the coastal environment.

Recognising Maori customary rights in the foreshore and seabed

The Foreshore and Seabed Act 2004 provides for the granting of a customary rights order. Customary rights orders are made by the Maori Land Court or the High Court and recognise a particular activity, use or practice carried out on an area of the public foreshore and seabed. Activities carried out under a customary rights order are called recognised customary activities. The Foreshore and Seabed Act and the RMA provide for the protection of recognised customary activities by:

• recognising and providing for the protection of recognised customary activities as a matter of national importance
  
  
• requiring councils to recognise and provide for a foreshore and seabed reserve management plan when preparing plans and policy statements
  
  
• enabling the exercise of a recognised customary activity without a resource consent and despite rules in plans (good practice would be to recognise them where they exist)
  
  
• requiring councils to decline a resource consent for a proposed activity where that council considers the activity would have a significant adverse effect on a recognised customary activity, unless the holder of the customary rights order has given its written approval.

Under the Act, the Attorney-General and the Minister of Maori Affairs may enter into an agreement with whanau, hapu or iwi to recognise that, but for the vesting of the full legal and beneficial ownership of the public foreshore and seabed in the Crown, whanau, hapu or iwi, would have had a claim for territorial customary rights over a specific area of the public foreshore and seabed. Tools negotiated through any agreements will be implemented through associated legislation and are likely to have additional requirements on councils within the identified agreement area.

Concessions

Although not a tool available for councils to use, Department of Conservation concessions are a useful method for managing occupation and associated competition for space in the coastal environment. This tool helps the Department to ensure that various activities provided to visitors (such as dolphin and whale watching) are appropriate, are of a suitable standard, compatible with other activities and do not conflict with visitor enjoyment.

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Water quality

Regional policy statements

Policy 3.2.5 of the NZCPS 1994 requires that subdivision, use and development in the coastal environment should be conditional on the provision of adequate services (particularly the disposal of waste). This policy recognises that coastal developments can result in adverse effects if discharges are not treated appropriately (with adequate services such as waste disposal) and this should be taken into account when preparing policy statements and plans and when considering resource consent applications. Policy 3.2.7 of the NZCPS 1994 states that policy statements and plans should identify any practicable ways whereby water quality in the coastal environment can be improved by altered land management practices, and encourage the adoption of those practices. This policy is particularly relevant for coastal land development as earthworks, vegetation clearance or increased hardstanding areas from land development (particularly roads) may result in significant additional contaminant loadings in discharges to coastal waters if appropriate practices are not adopted.

Regional policy statements can provide direction on maintaining and enhancing water quality in the region 's waterways, including coastal waters. Regional policy statements are useful to identify sensitive ecological areas or desired water quality outcomes within the region. Regional policy statements can also provide policy guidance on earthworks and other land uses that may degrade water quality in the coastal environment (see the Earthworks Guidance Note for more information).

Regional policy statements are a good way to achieve integrated management of water quality issues, as activities on land can have a significant impact on coastal water quality through  runoff from land, groundwater and inland waterways. Regional policy statements can manage the quality of groundwater, surface water bodies and coastal water through policies relating to:

• the identification of ecologically sensitive or significant waterways
  
  
• the contamination of water by sediment, animal effluent or chemicals
  
  
• the discharge of industrial waste, sewage and stormwater
  
  
• the identification and protection of special water resources, for example wahi tapu or areas of mahinga kai.

For example, the Environment Canterbury Regional Policy Statement promotes land-use practices that maintain, and where appropriate enhance, water quality (see policy 11 in the Water Chapter).

Regional plans and regional coastal plans

Point source discharges are primarily managed through regional plans and regional coastal plans by rules controlling discharge of contaminants to water. Regional plans can manage the direct and indirect effects of discharges to the coastal marine area. This management is achieved mainly through setting consent requirements for discharge of contaminants such as wastewater, stormwater, dairy-farm effluent, industrial waste etc. Consent requirements in regional plans can be used in conjunction with water quality standards for receiving waters.

The NZCPS 1994 requires that Regional Coastal Environment plans enhance coastal water quality where there is a particular tangata whenua interest in the water (Policy 5.1.1). Councils need to consult with tangata whenua and give due weight to sections 6, 7, and 8 of the Act when making rules pertaining to the discharge of human sewage to water without first passing through land.

Diffuse discharges are often more difficult to manage and involve broader controls over land-use activities such as earthworks, land clearance and agriculture. Diffuse discharges are generally managed through regional plans to control landward activities. Some examples of regional plans and regional coastal plans provisions to manage discharges are:

• policies that focus on land-use management to reduce  runoff into streams and the coastal marine area (eg, riparian planting)
  
  
• water quality standards and classifications. See the Environment Canterbury best practice example
  
  
• zones that locate boat berthing facilities/yards away from sensitive areas
  
  
• rules that control or prevent untreated discharges to the coastal marine area.

Chapter 3 of the Waikato Regional Plan has good examples of policies for non-point source discharge management. Section 16 of the Proposed Hawke 's Bay Regional Coastal Environmental Plan 2006 includes objectives 16.1 to 16.4 and supporting policy 16.1 which address how sewage discharges into the coastal marine area should be managed, taking into account tangata whenua values. The policy states the discharge of sewage into the coastal marine area is usually inappropriate unless it has passed through land.

Section 14.4.1 (Policy 1.9) of the Marlborough Sounds Resource Management Plan provides a best practice example to control on-site wastewater discharges from coastal development.

District plans

District plans manage land-use activities that may result in contaminants entering the stormwater network, streams and rivers, or groundwater and eventually being discharged into the coastal marine area. District plans can include provisions that manage the impacts of subdivision on water quality by controlling discharges. Some examples of provisions that can be used in district plans to manage impacts on coastal water quality are:

• land-use rules such as setback distances from coastal margins and waterways
  
  
• land-use rules such as minimum lot sizes (for example rule 751.3 of the Thames Coromandel District Plan)
  
  
• site coverage and impermeable surfaces limits for stormwater and erosion control
  
  
• rules relating to provision for sewage disposal
  
  
• vegetation clearance and earthwork provisions that consider the potential for erosion (eg, slope and type of sediment) and sediment discharge
  
  
• financial contributions for wastewater and stormwater upgrades
  
  
• requirements for protection and planting of esplanade margins as part of developments.

Policy 6 in Section C.6 of the Kapiti Coast District Plan is a best practice example of a policy that recognises the importance to tangata whenua of water and its management.

Some councils have imposed development moratoriums through their district plan until wastewater infrastructure can be upgraded. For example, the Thames Coromandel District Council had imposed a moratorium (which was subsequently lifted) on new subdivisions and buildings in Pauanui/Tairua until the wastewater treatment system could be upgraded.

Policy 8.4.8 of Chapter 8, Subdivision and Development, of the Whangarei District Plan is an example of a policy that requires that subdivisions within proximity to the coastal environment are designed to avoid stormwater and sediment discharges into the coastal marine area.

Resource consents

Resource consents granted for discharges can now require a comprehensive assessment of environmental effects, especially where there are concerns over potential adverse impacts on coastal water quality. Comprehensive monitoring requirements can be placed on such consents, and conditions may include water quality standards that must be met. Conditions can also seek to ensure that any discharges are avoided, mitigated or reduced by measures such as vegetation planting and sedimentation control.

Assessments of environmental effects must also include effects on cultural values. A Cultural Impact Assessment (CIA) report prepared by tangata whenua can provide information on how to avoid, remedy or mitigate any adverse effects of discharge activities on cultural values. An example of a CIA for the discharge of a dairy factory wastewater through an ocean outfall in a culturally significant coastal area is provided in Frequently Asked Questions on Cultural Impact Assessments.

An issue that has arisen with point source discharges such as sewage and stormwater is the spatial extent of the mixing zone or zone of non-compliance.

A reasonable mixing zone should generally be determined by the nature of both the discharge and the receiving environment. Plans play an important role in guiding resource consent decisions here. The Environment Canterbury Regional Coastal Plan provides a best practice example of criteria to be considered when setting a reasonable mixing zone.

Monitoring and reporting

Monitoring and reporting is needed to determine both the issues associated with, and the impact of, coastal land development on water quality, as well as monitoring the success of management methods to address those issues and impacts.  For example, Manukau City Council's Environmental Monitoring Strategy for 2003-2013, Keeping Track, includes water quality in the coastal environment as a key monitoring priority. Tangata whenua values have also been identified as a high priority, and are to be monitored in respect of each identified priority.

Bylaws

Growing coastal developments may lead to an increase in local businesses to support this growth and these businesses may need to discharge waste. Trade waste bylaws govern what can be discharged into sewer systems and lessen the environmental impacts of discharges (as, in many cases, these eventually discharge to water). Bylaws may also apply to activities such as earthworks which can have adverse impacts on coastal water quality.

Structure plans

Structure plans can help to manage the effects of discharges on the coastal marine area resulting from land development. These plans can manage these effects by outlining broad action plans for communities, including current and future requirements for development and infrastructure. The Oakura Structure Plan provides an action plan for the next 20 years, outlining where residential development will be directed. The structure plan considers sewer and stormwater capacity and the effects of growth on existing and proposed residential areas.

Management plans

Asset management plans, such as the Auckland City Council Stormwater Asset Management Plan, can help manage the discharges from coastal land development and the impact this has on the coastal marine area. This management can be achieved through considering growth and demand, the effects on assets and the environment, and setting objectives, goals and methods to improve the infrastructure systems.

Controlling the effects of river and stream-borne sediment and nutrient loading on coastal water quality requires management of activities on a catchment scale. Integrated Catchment Management Plans (ICMP) are a way of managing the effects of coastal land developments and associated discharges on a catchment-wide scale. For example, the Tasman District Council has developed the Integrated Catchment Management Plan with other agencies to manage the Motueka River catchment. The goal of this programme is to integrate research and management to address multiple issues in the catchment, such as discharges to the coast. One of the themes/areas of research is 'coastal and marine ' which addresses the issue of catchment effects on Tasman Bay and the implications for marine farming and habitat.

Iwi management plans

Many iwi management plans have provisions for managing discharges to avoid or minimise impacts on the interests of tangata whenua.

For example, section 5 of Nga Taonga Tuku Iho Ki Whakatu Management Plan 2004 (The Treasured Resources of Nelson Management Plan) identifies key issues relating to discharges in the coastal environment, and provides policies to address effects on tangata whenua values and interests.

The Kai Tahu ki Otago Natural Resource Management Plan 2005 is a good example of a catchment-based approach to identifying issues associated with the effects of discharges from coastal land development on coastal water quality.

Public education

Managing increasing stormwater discharges to the coast as a result of development can be achieved through better public education about where stormwater ends up (usually coastal waters) and the potential impacts. Many councils use a fish symbol fitted to the kerb adjacent to the stormwater entry sumps to remind the public of the final destination of stormwater and the contaminants it may carry.

Water quality guidelines

Developers can also be educated on subdivision design to reduce stormwater runoff from coastal developments, such as permeable paving, grassed swales, and vegetation. This education can be achieved through technical publications, design guides and working more closely with developers. Auckland Regional Council's stormwater treatment devices design guideline manual (TP10) is a best practice example of the use of technical publications.

The Ministry for the Environment 's Microbiological Water Quality Guidelines for Marine and Freshwater Management Areas is a useful tool to educate people in order to minimise the impacts of discharges on water quality. These guidelines may be referred to in resource consent conditions.

Engineering codes of practice provide engineering standards and guidelines for infrastructure development. Council staff may impose conditions on resource consents and building consents, using a code of practice as a reference document for acceptable solutions. These conditions will be enforceable under the RMA and Building Act 2004.

Joint initiatives

As part of obtaining resource consent for wastewater discharges from the Hastings wastewater treatment plant, the Hastings District Council and tangata whenua formed a joint committee to address the issues associated with the discharge. The Joint Council - Tangata Whenua Wastewater Committee -worked together to develop a wastewater treatment and disposal system that achieved the Council's engineering and financial criteria and addressed the cultural concerns of tangata whenua. The committee successfully adapted the usually conflicting concerns of both parties into a forum where both worked side by side to develop a solution. This work is articulated in the document a new configuration for Wastewater Treatment.

Financial incentives

Another potential method for managing the impacts on water quality from development of coastal land is to offer incentives to developers/territorial authorities to improve discharge quality. For example, the Hawke 's Bay Regional Council offers interest-free loans to the territorial local authorities in the region to assist with the upgrade of reticulated wastewater systems.

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NOTE: This guidance note was prepared prior to the NZCPS 2010 taking effect. Care should be exercised in reading and using the information contained within this guidance note.