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Natural Wetland Activities (Auckland Council New Zealand)

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Auckland Council Document Version 1.0 14 June 2021
Written notice to undertake permitted natural wetland
activities as defined in Part 3, Subpart 1 of the Resource
Management (National Environmental Standards for
Freshwater) Regulations 2020 (NES-F).
The person(s) responsible for undertaking the activity must, at least 10 working days before
starting the activity, provide Auckland Council with the following information contained within
Section A and Sections B-F as applicable. It is important to provide all required information for
the notification to be accepted.
For activities regulated under Regulation 48 please use the Permitted Activity Notice for
Sphagnum Moss Harvesting.
Key definitions are provided in Appendix 2 of this application form. Please refer to the National
Environmental Standards for Freshwater, the National Policy Statement for Freshwater 2020 and
the Resource Management Act for additional definitions.
Please email the completed form and any associated documents to: monitoring@aucklandcouncil.govt.nz
SECTION A – ALL PERMITTED ACTIVITIES
1.0 SPECIFY THE ACTIVITY
Regulated Activity
Vegetation
Clearance
Earthworks /
Land
Disturbance
Water: take /
use / damming /
diversion /
discharge
☐ 38: Restoration of natural
wetlands
☐ (1)
Fill out Section B
☐ (2)
Fill out Section B
☐ (3)
Fill out section G
☐ 40: Scientific research
☐ (1)
Fill out Section C
☐ (2)
Fill out Section C
☐ (3)
Fill out section G
☐ 43: Maintenance of wetland utility
structure(s)
☐ (1)
Fill out Section D
☐ (2)
Fill out Section D
☐ (3)
Fill out section G
☐ 46: Maintenance and operation of
… specified & other infrastructure
☐ (1)
Fill out Section E
☐ (2)
Fill out Section E
☐ (3)
Fill out Section G
☐ 50: Arable and horticultural land
… use
☐ (1) ☐ (2)
☐ 51: Natural hazard works
☐ (2)
Fill out Section F
☐ (3)
Fill out Section F *
☐ (4)
Fill out Section G
Ensure all parts of Section A and Sections B-G (as applicable) are filled out.
FOR OFFICE USE ONLY
Date received: ____________
PA No.: __________________
Natural Wetland Activities
Page 2 of 16
2.0 ASSOCIATION WITH OTHER ACTIVITIES
Is the activity associated with
other activities which have
obtained resource consent or
will require resource consent?
☐ Yes ☐ No ☐ Unknown
If yes, provide the consent /
application number(s):
If yes, provide the permitted
activity number for the activity
(if known):
3.0
DETAILS OF PERSON / COMPANY GIVING NOTICE
First & Middle Name(s):
Last Name / Company:
Contact Person:
(if company/organisation)
POSTAL ADDRESS
Number & Street Name:
Suburb:
City:
PO Box:
City:
Telephone number:
Email address:
4.0 DETAILS OF AGENT (CONSULTANT) IF APPLICABLE
Company Name / Full Name:
Contact number:
Contact Person:
(if company/organisation)
POSTAL ADDRESS
Number & Street Name:
Suburb:
City:
Email address:
Page 3 of 16
6
.0
LOCATION AND DESCRIPTION OF WHERE THE ACTIVITY WILL OCCUR
Wetland name (if known):
Co-ordinates of the wetland
(NZTM):
Record of Title number(s):
Legal description of property(s):
Property address:
Description of the location of works:
(attach additional document if
required)
Attach map showing location of the
activity:
☐ Yes, I have attached a map
7.0 PHOTOGRAPHS AND LOCATION MAP
Attach photographs: Photograph reference (file name, time, etc.)
☐
Wetland bed profile:
☐
Wetland hydrological regime:
5.0 DESCRIPTION OF THE ACTIVITY
Provide a description of the activity:
Page 4 of 16
8.0 PLANNED START AND END DATE OF THE ACTIVITY
Planned start date of works:
Planned end date of works:
9.0 DECLARATION OF PERMITTED ACTIVITY NOTIFIER
I/We, the undersigned, acknowledge that the permitted activity is to be held in my/our
name, as described above, and undertake to comply with all conditions of the permitted
activity and accept liability for all charges associated with the monitoring of this permitted
activity.
Name:
Signature:
Date:
Page 5 of 16
SECTION B – REGULATION 38
Restoration of Natural Wetlands
1.0 EXTENT OF WETLAND
Specify the total area of the wetland (m
2
):
2.0 VEGETATION CLEARANCE
Specify the area of clearance (m
2
):
Specify the extent of clearance (whichever is the
smaller):
☐ ≤ 500 m
2
☐ ≤10% of the area of the wetland
3.0 EARTHWORKS / LAND DISTURBANCE
Specify the area of works (m
2
):
Specify the extent of works (whichever is the
smaller):
☐ ≤ 500 m
2
☐ ≤10% of the area of the wetland
4.0 REGULATION 55 GENERAL CONDITIONS
Will the activity comply with the general conditions
in regulation 55? (Refer to pages 11-13).
☐ Yes ☐ No
Note: The area of vegetation clearance includes clearance undertaken within the natural wetland and
within 10m of the natural wetland.
Note: The area of earthworks / land disturbance includes works undertaken within the natural wetland and
within 10m of the natural wetland.
Page 6 of 16
SECTION C – REGULATION 40
Scientific Research
1.0 EXTENT OF WETLAND
Specify the total area of the wetland (m
2
):
2.0 VEGETATION CLEARANCE
Specify the area of clearance (m
2
):
Specify the extent of clearance:
☐ ≤ 10 m
2
(single area within the wetland)
☐ ≤ 100 m
2
(total area within the wetland)
3.0 EARTHWORKS / LAND DISTURBANCE
Specify the area of works (m
2
):
Specify the extent of works:
☐ ≤ 10 m
2
(single area within the wetland)
☐ ≤ 100 m
2
(total area within the wetland)
4.0 REGULATION 55 GENERAL CONDITIONS
Will the activity comply with the general
conditions in regulation 55? (Refer to pages
11-13).
☐ Yes ☐ No
5.0 SPECIFIC CONDITION
Will the activity result in the formation of new
pathways, boardwalks, or other accessways?
☐ Yes ☐ No
Page 7 of 16
SECTION D – REGULATION 43
Maintenance of Wetland Utility Structures
1.0 EXTENT OF WETLAND
Specify the total area of the wetland (m
2
):
2.0 VEGETATION CLEARANCE
Specify the area of clearance (m
2
):
Specify the extent of clearance
(whichever is smaller in total):
☐ ≤ 2 m
2
around the base of each pile or post
☐ ≤10% of the area of the wetland
Confirm clearance will not occur more
than 1m from the structure:
☐ Yes ☐ No
3.0 EARTHWORKS / LAND DISTURBANCE
Specify the area of works (m
2
):
Specify the extent of works (whichever is
smaller area in total):
☐ ≤ 2 m
2
around the base of each pile or post
☐ ≤10% of the area of the wetland
4.0
REGULATION 55 GENERAL CONDITIONS
Will the activity comply with the general
conditions in regulation 55? (Refer to
pages 11-13).
☐ Yes ☐ No
5.0 SPECIFIC CONDITIONS
Is the activity for the purpose of increasing
the size of the wetland utility structure?
☐ Yes ☐ No
Will the activity result in the formation of
new pathways, boardwalks, or other
accessways?
☐ Yes ☐ No
Page 8 of 16
SECTION E – REGULATION 46
Maintenance and Operation of Specified and Other Infrastructure
1.0 EXTENT OF WETLAND
Specify the total area of the wetland (m
2
):
2.0 VEGETATION CLEARANCE
Specify the area of clearance (m
2
):
Specify the extent of clearance (whichever is
smaller):
☐ ≤ 500 m
2
☐ ≤10% of the area of the wetland
3.0 EARTHWORKS / LAND DISTURBANCE
Specify the area of works (m
2
):
Specify the extent of works (whichever is smaller):
☐ ≤ 500 m
2
☐ ≤10% of the area of the wetland
Will trenches be backfilled within 48 hours?
☐ Yes ☐ No
Will drains be deeper, relative to the natural water
level, than before the activity?
☐ Yes ☐ No
4.0
REGULATION 55 GENERAL CONDITIONS
Confirm the activity will comply with the general
conditions in regulation 55 (refer to pages 11-13):
☐ Yes ☐ No
5.0 SPECIFIC CONDITIONS
Is the activity for the purpose of increasing the size of
the infrastructure?
☐ Yes ☐ No
Will the activity result in the formation of new
pathways, boardwalks, or other accessways?
☐ Yes ☐ No
Page 9 of 16
SECTION F – REGULATION 51
Natural Hazard Works
1.0 NATURAL HAZARD CONDITIONS
Will the activity result in land becoming unstable?
☐ Yes
☐ No
Will debris or other materials be deposited in the natural wetland?
☐ Yes
☐ No
Will the works be limited to the extent necessary to achieve the purpose of the
natural hazard works?
☐ Yes
☐ No
If the activity changes the profile of the bed of the wetland, will the profile be
restored so it does not inhibit fish passage?
☐ Yes
☐ No
☐ N/A
Will erosion and sediment control measures be applied and maintained during
and after the earthworks / land disturbance?
☐ Yes
☐ No
Will disturbed soil be stabilised or contained as soon as practicable after the
activity?
☐ Yes
☐ No
Will debris, materials and equipment relating to the activity be removed as
soon as practicable (and no later than 3 months) after the activity ends and will
the site be maintained free from litter?
☐ Yes
☐ No
Page 10 of 16
SECTION G
WATER TAKE / USE / DAMMING / DIVERSION / DISCHARGE
1.0 WATER TAKE / USE
Does the activity involve water take / use?
☐ Yes ☐ No
If yes, is the take from surface or ground water?
☐ Surface water ☐ Ground water
If yes, confirm the volume of the take (m
3
/day):
If yes, confirm the distance of the take from the
edge of the natural wetland at its closest point
(m):
2.0 DAMMING
Does the activity involve damming?
☐ Yes ☐ No
3.0 DIVERSION
Does the activity involve diversion of water?
☐ Yes ☐ No
If yes, is the diversion surface or ground water?
☐ Surface water ☐ Ground water
If yes, confirm the volume of the diversion
(m
3
/day):
If yes, confirm the distance of the diversion from
the edge of the natural wetland at its closest
point (m):
4.0 DISCHARGE
Does the activity involve discharge of water?
☐ Yes ☐ No
If yes, confirm type of discharge:
☐ Surface water
☐ Groundwater
☐ Treated
sediment
(earthworks)
If yes, confirm volume of discharge (m
3
/day):
If yes, confirm the distance of the discharge
from the edge of the natural wetland at its
closest point (m):
Page 11 of 16
Appendix 1: General conditions under Regulation 55 of the National
Environmental Standards for Freshwater 2020
(1) This regulation applies if a regulation in this subpart refers to the compliance of an activity with the
general conditions in this regulation.
____________________________________________________________________________________
General conditions: water quality and movement
(3) The general conditions relating to water quality and movement are as follows:
(a) the activity must not result in the discharge of a contaminant if the receiving environment
includes any natural wetland in which the contaminant, after reasonable mixing, causes, or may
cause, 1 or more of the following effects:
(i) the production of conspicuous oil or grease films, scums or foams, or floatable or
suspended materials:
(ii) a conspicuous change in colour or visual clarity:
(iii) an emission of objectionable odour:
(iv) the contamination of freshwater to the extent that it is not suitable for farm animals to drink:
(v) adverse effects on aquatic life that are more than minor; and
(b) the activity must not increase the level of flood waters that would, in any flood event (regardless
of probability), inundate all or any part of the 1% AEP floodplain (but see subclause (4)); and
(c) the activity must not alter the natural movement of water into, within, or from any natural wetland
(but see subclause (5)); and
(d) the activity must not involve taking or discharging water to or from any natural wetland (but see
subclause (5)); and
(e) debris and sediment must not—
(i) be placed within a setback of 10 m from any natural wetland; or
(ii) be allowed to enter any natural wetland.
(4) Subclause (3)(b) does not apply if the person undertaking the activity—
(a) owns or controls the only land or structures that would be affected by a flood in all or any part of
the 1% AEP floodplain; or
(b) has—
(i) obtained written consent to undertaking the activity from each person who owns or controls
the land or structures that would be affected by a flood in all or part of the 1% AEP
floodplain, after informing them of the expected increase in the level of flood waters; and
(ii) satisfied the relevant regional council that they have complied with subparagraph (i).
(5) Despite subclause (3)(c) and (d), the temporary taking, use, damming, or diversion of water around a
work site, or discharges of water into the water around a work site, may be undertaken if the
following conditions are complied with:
(a) the activity must be undertaken during a period when there is a low risk of flooding; and
(b) the activity must be undertaken only for as long as necessary to achieve its purpose; and
Page 12 of 16
(c) before the activity starts, a record must be made (for example, by taking photographs) of the
original condition of any affected natural wetland’s bed profile and hydrological regime that is
sufficiently detailed to enable compliance with paragraph (d) to be verified; and
(d) the bed profile and hydrological regime of the natural wetland must be returned to their original
condition no later than 14 days after the start of the activity; and
(e) if the activity is damming, the dam must be no higher than 600 mm; and
(f) if the activity is a diversion that uses a pump, a fish screen with mesh spacing no greater than 3
mm must be used on the intake.
(6) In subclauses (3) and (4), 1% AEP floodplain means the area that would be inundated in a flood
event of a size that has a 1% or greater probability of occurring in any one year.
____________________________________________________________________________________
General condition: earth stability and drainage
(7) The general condition relating to earth stability and drainage is that the activity must not create or
contribute to—
(a) the instability or subsidence of a slope or another land surface; or
(b) the erosion of the bed or bank of any natural wetland; or
(c) a change in the points at which water flows into or out of any natural wetland; or
(d) a constriction on the flow of water within, into, or out of any natural wetland; or
(e) the flooding or overland flow of water within, or flowing into or out of, any natural wetland.
____________________________________________________________________________________
General conditions: earthworks, land disturbance, and vegetation clearance
(8) The general conditions on earthworks, land disturbance, and vegetation clearance are as follows:
(a) during and after the activity, erosion and sediment control measures must be applied and
maintained at the site of the activity to minimise adverse effects of sediment on natural
wetlands; and
(b) the measures must include stabilising or containing soil that is exposed or disturbed by the
activity as soon as practicable after the activity ends; and
(c) the measures referred to in paragraph (b) must remain in place until vegetation covers more
than 80% of the site; and
(d) if the activity is vegetation clearance, it must not result in earth remaining bare for longer than 3
months.
____________________________________________________________________________________
General conditions: vegetation and bird and fish habitats
(9) The general conditions relating to vegetation and bird and fish habitats are as follows:
(a) only indigenous species that are appropriate to a natural wetland (given the location and type of
the natural wetland) may be planted in it; and
(b) the activity must not result in the smothering of indigenous vegetation by debris and sediment;
and
(c) the activity must not disturb the roosting or nesting of indigenous birds during their breeding
season; and
Page 13 of 16
(d) the activity must not disturb an area that is listed in a regional plan or water conservation order
as a habitat for threatened indigenous fish; and
(e) the activity must not, during a spawning season, disturb an area that is listed in a regional plan
or water conservation order as a fish spawning area.
____________________________________________________________________________________
General condition: historic heritage
(10) The general condition relating to historic heritage is that the activity must not destroy, damage, or
modify a site that is protected by an enactment because of the site’s historic heritage (including, to
avoid doubt, because of its significance to Māori), except in accordance with that enactment.
(11) In subclause (10), enactment includes any kind of instrument made under an enactment.
____________________________________________________________________________________
General conditions: machinery, vehicles, equipment, and construction materials
(12) The general conditions on the use of vehicles, machinery, equipment, and materials are as follows:
(a) machinery, vehicles, and equipment used for the activity must be cleaned before entering any
natural wetland (to avoid introducing pests, unwanted organisms, or exotic plants); and
(b) machinery that is used for the activity must sit outside a natural wetland, unless it is necessary
for the machinery to enter the natural wetland to achieve the purpose of the activity; and
(c) if machinery or vehicles enter any natural wetland, they must be modified or supported to
prevent them from damaging the natural wetland (for example, by widening the tracks of track-
driven vehicles or using platforms for machinery to sit on); and
(d) the mixing of construction materials, and the refuelling and maintenance of vehicles, machinery,
and equipment, must be done outside a 10 m setback from any natural wetland.
____________________________________________________________________________________
General conditions: miscellaneous
(13) The other general conditions are as follows:
(a) the activity must be undertaken only to the extent necessary to achieve its purpose; and
(b) the activity must not involve the use of fire or explosives; and
(c) if there is existing public access to a natural wetland, the activity must not prevent the public
from continuing to access the natural wetland (unless that is required to protect the health and
safety of the public or the persons undertaking the activity); and
(d) no later than 5 days after the activity ends, —
(e) debris, materials, and equipment relating to the activity must be removed from the site; and
(f) the site must be free from litter.
Page 14 of 16
Appendix 2: Key definitions as defined in Regulation (3)
‘Interpretation’ of the National Environmental Standards for
Freshwater 2020
Arable land use (defined within s 217B of the Resource Management Act 1991)
Arable land use means the use of land to grow any of the following crops for harvest:
(a) grain cereal, legumes, or pulse grain:
(b) herbage seed:
(c) oilseed:
(d) maize grain, maize silage, cereal silage, or mangels:
(e) crops grown for seed multiplication:
(f) a crop prescribed in regulations made under section 217M(1)(a).
_________________________________________________________________________________
Horticultural land use (defined within s 217B of the Resource Management Act 1991)
means the use of land to grow food or beverage crops for human consumption (other than arable crops),
or flowers for commercial supply.
_________________________________________________________________________________
Improved Pasture (defined in the National Policy Statement for Freshwater Management 2020)
means an area of land where exotic pasture species have been deliberately sown or maintained for the
purpose of pasture production, and species composition and growth has been modified and is being
managed for livestock grazing.
_________________________________________________________________________________
Natural Hazard Works (defined in reg 51 in the National Environmental Standards for Freshwater)
means works for the purpose of removing material, such as trees, debris, and sediment, that
(a) is deposited as the result of a natural hazard; and
(b) is causing, or is likely to cause, an immediate hazard to people or property.
___________________________________________________________________________________
Natural Wetland (defined in the National Policy Statement for Freshwater Management 2020)
means a wetland (as defined in the Act) that is not:
(a) a wetland constructed by artificial means (unless it was constructed to offset impacts on, or
restore, an existing or former natural wetland); or
(b) a geothermal wetland; or
(c) any area of improved pasture that, at the commencement date, is dominated by (that is more
than 50% of) exotic pasture species and is subject to temporary rain-derived water pooling
_____________________________________________________________________________________
Page 15 of 16
Other infrastructure (defined in the National Environmental Standards for Freshwater)
Infrastructure, other than specified infrastructure, that was lawfully established before, and in place at, the
close of 2 September 2020.
___________________________________________________________________________________
Restoration (defined in the National Policy Statement for Freshwater Management 2020):
Restoration, in relation to a natural inland wetland, means active intervention and management,
appropriate to the type and location of the wetland, aimed at restoring its ecosystem health, indigenous
biodiversity, or hydrological functioning.
___________________________________________________________________________________
Setback (defined in the National Environmental Standards for Freshwater)
Setback, in relation to an activity in the vicinity of a natural wetland, means the distance measured
horizontally from the boundary of the natural wetland that creates a buffer within which the activity cannot
take place except in accordance with these regulations.
___________________________________________________________________________________
Specified Infrastructure (defined in the National Policy Statement for Freshwater Management 2020):
Specified Infrastructure means any of the following infrastructure that delivers a service operated by a
lifeline utility (as defined in the Civil Defence Emergency Management Act 2002)
(a) regionally significant infrastructure identified as such in a regional policy statement or regional
plan
(b) any public flood control, flood protection, or drainage works carried out:
(i) by or on behalf of a local authority, including works carried out for the purposes set out in
section 133 of the Soil Conservation and Rivers Control Act 1941; or
(ii) for the purpose of drainage by drainage districts under the Land Drainage Act 1908.
____________________________________________________________________________________
Wetland (defined in the Resource Management Act 1991)
includes permanently or intermittently wet areas, shallow water, and land water margins that support a
natural ecosystem of plants and animals that are adapted to wet conditions.
____________________________________________________________________________________
Wetland Utility Structure (defined in the National Environmental Standards for Freshwater))
(a) means a structure placed in or adjacent to a wetland whose purpose, in relation to the wetland, is
recreation, education, conservation, restoration, or monitoring; and
(b) for example, includes the following structures that are placed in or adjacent to a wetland for a purpose
described in paragraph (a):
(i) jetties:
(ii) boardwalks and bridges connecting them:
(iii) walking tracks and bridges connecting them:
(iv) signs:
(v) bird-watching hides:
Page 16 of 16
(vi) monitoring devices:
(vii) maimai
____________________________________________________________________________________
Wetted Margin (defined in the National Environmental Standards for Freshwater)
Wetted margin, for a structure in any river or connected area, means an area that
(a) has shallow water that flows at low velocity; and
(b) is at the edges of the water flow; and
(c) is continuous over the length of the structure; and
(d) is suitable for the passage of climbing species of fish.
Vegetation Clearance (defined in the National Environmental Standards for Freshwater)
(a) means the disturbance, damage, destruction, or removal of vegetation by any means (for example, by
cutting, crushing, application of chemicals, or burning); and
(b) includes activities that result in the disturbance, damage, destruction, or removal of vegetation (for
example, over-planting, applying the seed of exotic pasture species, mob-stocking, or draining away
water); but
(c) does not include—
(i) the removal of sphagnum moss for the purpose of a harvest in accordance with regulation 48
or
49; or
(ii) the crushing of other vegetation for the purpose of maintaining the dominance of sphagnum
moss, if the crushing is carried out during a harvest of sphagnum moss or to rehabilitate the moss
after it is harvested; or
(iii) an activity described in paragraph (a) or (b) that is for the maintenance or construction of fencing
for the purpose of excluding stock or marking property boundaries; or
(iv) an activity described in paragraph (a) or (b) that is for the maintenance of shelter belts; or
(v) the grazing of improved pasture within the relevant setback from a natural wetland.
Note: Vegetation clearance includes the removal of native/indigenous vegetation and exotic species
including pest plants and “weeds”.
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Natural Wetland Activities (Auckland Council New Zealand)

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