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Plans, policies and reports
Plans, policies and reports

District Plan Hauraki Gulf Islands Section - Proposed 2006

(Notified version 2006)

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Part 14 - Definitions

14.1 Introduction
14.2 List of abbreviations used in the Plan
14.3 Definitions of terms used in the Plan
14.4 Definitions from the Resource Management Act 1991

14.1 Introduction

This part contains the following information:

  • a list of abbreviations used in the Plan
  • definitions of terms used in the Plan
  • definitions from the RMA.

14.2 List of abbreviations used in the Plan

ARC Auckland Regional Council
AS/NZS

 Joint Australian and New Zealand Standard

DOC Department of Conservation
HGMPA Hauraki Gulf Marine Park Act 2000
MHWS Mean high water springs
NZS New Zealand Standard
RMA  Resource Management Act 1991 and its amendments

14.3 Definitions of terms used in the Plan

Introduction

As well as the definitions below, there are additional specialist definitions in the following parts of the Plan:

  • part 6 - Financial contributions
  • part 7 - Heritage
  • part 9 - Hazardous facilities and contaminated land.

Definitions from the RMA are contained in clause 14.4.

Definitions

Access lot means a separate lot identified on a survey plan for the purpose of access. The lot may be jointly owned in shares by a number of users, or by a single owner. ‘Access site’ has a corresponding meaning.
Accessory building means either:
  1. A building which is used in a way which is incidental to the use of another building or buildings on the site; or
  2. A building which is used in a way which is incidental to a permitted activity on the site.
Accessway means land providing vehicular access to a site or to a parking space. It includes any manoeuvring area associated with vehicle access.
Accommodation for care means land or buildings used or designed to be used for residential accommodation by five or more people (exclusive of the manager and the manager's family) where:
  1. Live-in management, care and support are provided to the residents; and
  2. The accommodation is not used by members of the travelling public or by people required by law to live in particular premises.
This may include any of the following:
  • emergency housing, refuge centres, and halfway houses
  • accommodation for people who for mental or physical health reasons require management, care and support.

It does not include healthcare services

Accommodation for retired, elderly or disabled people

means a development which provides residential accommodation for retired, elderly or disabled people.

The accommodation includes any of the following:
  1. Shared accommodation, serviced apartments or small self contained dwellings (including bedsits). There may be some shared facilities such as kitchen and dining facilities, toilet and washing facilities.
  2. A building or part of a building lawfully authorised and used as a rest home and providing accommodation and full-time care. Meals, nursing and other medical care may be provided.
  3. A retirement village providing accommodation, recreation, welfare and medical facilities.
Any serviced apartments or dwellings must comply with one of the following:
  • Be part of a development undertaken by a registered charity, society, or public body.
  • Be held together under one title.
  • Be held in unit titles under the Unit Titles Act 1972 and encumbered by an appropriate legal instrument which ensures that the use of the dwelling is confined to retired, elderly or disabled people.
Airstrip means land used for the take off and landing of aircraft used for commercial purposes.

It does not include a helipad.

Allotment has the same meaning as in the RMA.
Amenity values has the same meaning as in the RMA.
Ancillary activities means an activity which meets all of the following:
  1. It is located on the same site as the primary activity which is permitted on that site.
  2. It is incidental to the primary activity.
  3. It serves a supportive function to the primary activity.
Annual exceedence probability means the chance that a particular event will occur in any given year. This may be expressed as a percentage or a ratio, eg 10% annual exceedence probability is the same as a 1 in 10 year return period for an event. This term generally relates to hazards and climatological events.
Antenna means any telecommunication, radio-communication and broadcasting equipment (including a satellite dish) used for transmission or reception. It includes the antenna mounting. It does not include the supporting mast or structure.
Art galleries and museums means land or buildings used for the display of artworks, historical or cultural collections to the public and includes sculpture parks. It may include the sale of these items.
Biodiversity

means the variability among living organisms from all sources including terrestrial, marine and other aquatic ecosystems and the ecological complexes of which they are a part. This includes diversity within species, between species and of ecosystems.

Components include:
  1. Genetic diversity - the variability in the genetic makeup among individuals within a single species and those among individuals within a population.
  2. Species diversity - the variety of species, whether wild or domesticated, within a particular geographical area. A species is a group of organisms which have evolved distinct inheritable features and occupy a unique geographic area. Species are usually unable to interbreed naturally with other species due to such factors as genetic divergence, different behaviour and biological needs and separate geographic location.
  3. Ecological (ecosystem) diversity - the variety of ecosystem types (eg forests, deserts, grasslands, streams, lakes, wetlands and oceans) and their biological communities that interact with one another and their non-living environments.
Biosecurity means measures that protect the economy, the natural environment and people from exotic pests and diseases. It includes preventing new pest and diseases from arriving, and eradicating or controlling those already here.
Boarding house or hostel means a building used or designed to be used for residential accommodation by five or more people, boarders or lodgers (not including the manager or person in charge of the building and their family). The accommodation provided includes any of the following:
  • accommodation only
  • food and accommodation
  • accommodation and the use of communal food preparation, toilet and washing facilities.

It includes hostels for students or farm workers.

It does not include any of the following:
  • premises which are licensed under the Sale of Liquor Act 1989
  • camping facilities
  • dwellings (excluding the accommodation for the manager or person in charge)
  • homestays
  • visitors' accommodation
  • tourist complexes
  • accommodation for care.
Boarding kennels and catteries means land or buildings used for the care of cats or dogs for commercial purposes. It does not include the breeding or raising of cats or dogs for commercial purposes.
Boatshed means an accessory building used exclusively for the construction, maintenance, or storage of boats or boating equipment.
Building means any structure or part of a structure. It also includes any fixed or moveable structure (including caravans) used for residential purposes, assembly or storage. It does not include any of the following:
  • any deck or terrace, in whole or part, under 1m in height
  • fences or walls under 2m in height
  • retaining walls under 1m in height
  • pools under 1m in height
  • temporary tents or marquees
  • satellite dishes less than 1m in diameter
  • masts, poles or antennas, where these are less than 3m in height above the attachment point
  • pergolas with a permanently open roof
  • signs or billboards.
Building Code means the New Zealand Building Code, which is the first schedule to the Building Regulations 1992.
Building coverage

means the extent or proportion of the net site area which is covered by buildings or parts of buildings.

It includes any of the following:
  • any parts of the eaves, spouting or bay windows which project more than 1m measured horizontally from an exterior wall
  • overhanging and cantilevered parts of buildings.

 

It does not include any of the following:
  • pergolas with a permanently open roof
  • parking below ground level with landscaping above which includes soil of sufficient depth to allow drainage
  • earthen terracing
  • satellite dishes
  • tanks used for collecting and storing rainwater for reuse on the site.

Maximum building coverage may be defined as an area (such as in m2) or as a proportion (such as a percentage) of the net site area depending on the requirements of the Plan.

Building footprint means the area of ground covered by a single building.
Building line means a line drawn on the planning maps to indicate the extent of a building restriction yard.
Camping facilities

means land or buildings used or designed to be used for rent, hire or reward for temporary living places by two or more families or groups of people living independently of each other.

The temporary living places may include any of the following:
  • a tent
  • a caravan, campervan or other vehicle occupied either wholly or in part as a temporary living place.

The families or groups may share common entrances, water supplies, cooking facilities, toilet and washing facilities, or other premises and equipment.

Care centre means land or buildings where any of the following apply:
  1. Three or more children (in addition to the children of the person in charge) aged 5 years or younger are educated and cared for. It may be licensed as such by regulation.
  2. Three or more children aged 5 years or older (in addition to the children of the person in charge) are cared for out of school hours.
  3. Elderly people are cared for during the day.
  4. People with disabilities are cared for during the day.

It includes creches, playcentres, kindergartens, childcare centres, kohanga reo, and play groups.

Catchment means an area of topography from which surface water flows via a self contained drainage system.
Commercial carparking means land or buildings providing parking available to members of the public for a charge or fee. It does not include parking required under clause 13.7.2.
Commercial firewood harvesting means the harvesting of manuka, kanuka or any exotic species for the production and sale of firewood. It does not include other activities associated with the milling or processing of trees.
Community facilities means land or buildings used for community or public use and run on a not-for-profit basis.

It includes places used for the gathering of people for recreation, worship, cultural and spiritual instruction and deliberation, public halls and libraries.

It does not include any of the following:
  • entertainment facilities
  • healthcare services
  • restaurants, cafes and other eating places.
Comprehensive development means a subdivision which creates at least three sites and which provides for the integrated assessment of the proposed sites, access (including any public access) and the development to be located on those sites.
Construction noise means the noise arising from construction work.
Construction work

means:

'any work in connection with the construction, erection, installation, carrying out, repair, maintenance, cleaning, painting, renewal, removal, alteration, dismantling, or demolition of:
  1. Any building, erection, edifice, structure, wall, fence or chimney, whether constructed wholly or partly above or below ground level;
  2. Any road, motorway, harbour or foreshore works, railway, cableway, tramway, canal, or aerodrome;
  3. Any drainage, irrigation, or river control work;
  4. Any electricity, water, gas, or telecommunications reticulation;
  5. Any bridge, viaduct, dam, reservoir, earthworks, pipeline, aqueduct, culvert, drive, shaft, tunnel, or reclamation; or
  6. Any scaffolding.
Construction work includes:
  1. Any work in connection with any excavation, site preparation, or preparatory work, carried out for the purpose of construction work;
  2. The use of any plant, tools, gear, or materials for the purpose of any construction work;
  3. Any construction work carried out underwater, including work on ships, wrecks, buoys, rafts and obstructions to navigation; and
  4. Any inspection or other work carried out for the purpose of ascertaining whether construction work should be carried out.'

This is the same definition as in NZS 6803:1999 Acoustics - Construction Noise.

Contaminated land has the same meaning as in the RMA.
Controlled activity has the same meaning as in the RMA.
Co-operatively owned land means land owned by a number of individuals under a legally recognised, co-operative company or society structure. Land owned co-operatively has a corresponding meaning.

Note: this definition is used in the context of the Plan rules which provide for multiple dwellings.

Council means the Auckland City Council. It includes any committee, community board, elected member of the council, or officer authorised to exercise the functions, duties or powers of the council.
Dairy means a shop with a gross floor area of less than 50m2 (not including any attached dwelling) that supplies milk, bread, non-alcoholic drinks, packaged food and a variety of produce and household consumables.
Designation has the same meaning as in the RMA.
Discretionary activity has the same meaning as in the RMA.
Dwelling means a building or a cluster of buildings, a room or group of rooms used or designed to be used exclusively by one or more people as a separate household unit.

Sleepouts must be treated as a building forming part of a dwelling rather than as an accessory building.

Earthen terracing means an area of compacted earth that is above ground level, and includes any compacted earth behind a retaining wall.
Earthworks means earthmoving operations.

It does not include quarrying, blasting, or rock drilling.

Earthworks otherwise includes any of the following:
  1. The disturbance of land surfaces by:
    1. moving, removing, placing or replacing earth (including soil, clay, sand and rock); or
    2. excavation, contouring, cutting or filling operations.
  2. Digging trenches for utility services or effluent disposal systems.
  3. Cleanfill operations involving the depositing of soil or earth onto or into land, and not including material subject to biological breakdown.
Ecological corridor means a geographical connection between natural habitats which provides for the movement of native flora and fauna between those habitats or provides a further habitat.
Ecosourcing means the use of indigenous species naturally occurring in the general vicinity and the use of local genetic stock. In practice, this means sourcing seeds or cuttings from as close to the planting site as possible (eg from the same ecological district). 'Ecosourced' has a corresponding meaning.
Educational facilities means land or buildings used to provide regular instruction or training in accordance with a curriculum by teachers or instructors.

It includes schools, technical institutes, teachers’ colleges, universities, outdoor education centres, sports training establishments and home-schooling for more than two children not resident on the site.

The activity also includes ancillary administrative, cultural, health, retail and communal facilities.

Effect has the same meaning as in the RMA.
Electricity network means a system made up of electrical links to allow the distribution of electricity. It includes any of the following:
  1. Underground infrastructure located at or below the existing ground surface. This includes cables (service connection and distribution lines), cabinets, conductors, transformers, substations, and Totally Underground Distribution Systems (TUDS).
  2. Aboveground infrastructure located above the existing ground surface. This includes cabinets, pillars, transformers and substations.
  3. Overhead infrastructure located over the existing ground surface and suspended by poles or support structures. This includes cables (service connection and distribution lines) and support poles, and any equipment or structure located on support poles.
Entertainment facilities means land or buildings that are used for:
  • recreation and entertainment; or
  • promotion of fitness.
 

It includes any of the following:

  • premises used for gambling
  • theatres and cinemas
  • brothels and massage parlours
  • gymnasiums
  • commercial swimming pools
  • internet cafes (where more than five computer terminals are available for hire and use on the premises for gaming or internet access).

It does not include community facilities.

Entrance strip means the narrow part of a site, designed to provide vehicle or other access from a road to the main part of the site. The entrance strip may have easements that provide access to other sites. The entrance strip only includes the narrow part of the site until is reaches 7.5m wide, perpendicular to the course of the entrance strip (as shown on figure 14.1: Entrance strip).

Figure 14.1 Entrance strip

Environment has the same meaning as in the RMA.
Erosion risk zone means land and sites likely to be affected by coastal erosion. Land and sites within an 'erosion risk zone' is identified on the planning maps.
Exploration means:

'any activity undertaken for the purpose of identifying mineral deposits or occurrences and evaluating the feasibility of mining particular deposits or occurrences of one or more minerals; and includes any drilling, dredging, or excavations (whether surface or sub-surface) that are reasonably necessary to determine the nature and size of a mineral deposit or occurrence; and 'to explore' has a corresponding meaning'

This is the same definition as in the Crown Minerals Act 1991.

Freight handling and wharf administration activities means land or buildings used for any of the following:
  • administrative offices associated with a wharf
  • the moving or storage of freight.
Forestry

means the management of land for commercial wood production including the extraction of timber.

It does not include any of the following:
  • the milling or processing of timber
  • commercial firewood harvesting.
Function facilities means land or buildings, or parts of buildings, where the primary use is the holding any of the following activities on a commercial basis:
  1. Organised conferences, conventions, seminars and meetings.
  2. Events and celebrations such as parties, wedding and funeral receptions.

It does not include community facilities.

Funeral parlour means land or buildings used for the purpose of directing or conducting funerals. It may include one or more of the following:
  • mortuary facilities
  • a place for holding funeral services
  • facilities for cremating the bodies of people who have had their funeral on the premises.
Gross floor area ('GFA') means the combined area of all internal floorspaces, including any mezzanine floors, outdoor courtyards and external decking used for a commercial purposes such as beer gardens. The area includes all floors of all buildings on the site, but excludes any area used for required parking and loading spaces.
Gross site area means the total area of a site. It includes any entrance strip.
Ground level means the finished level of the ground at the time the council issued a completion certificate under s224c of the RMA for the most recent subdivision applying to the site. However where there has been no such subdivision since 18 September 2006, the ground level will be taken to be the finished level of the ground on 18 September 2006.
Hazardous facility

means activities involving hazardous substances and sites.

It includes any of the following:
  1. Sites where hazardous substances are used, stored or disposed of.
  2. Vehicles used for transporting hazardous substances.
 

It does not include any of the following:

  1. The incidental use and storage of hazardous substances in minimal domestic scale quantities.
  2. Hazardous activities which do not involve hazardous substances but which may pose a risk to people or the natural environment due to a physical or biological hazard (eg earthworks, electromagnetic radiation, genetically modified organisms and flour dust).
  3. Network utility pipelines used for the transfer of hazardous substances such as gas, oil and sewage.
  4. Infectious substances.
  5. Retail premises which sell hazardous substances for the domestic use (eg supermarkets, hardware shops, pharmacies).
  6. Fuel in motor vehicles, boats and small engines.
  7. Facilities using genetically modified organisms.
Hazardous substance means any of the following:
  1. Substances with one of more of the following intrinsic properties:
    • an explosive nature
    • an oxidising nature
    • a corrosive nature
    • flammability
    • acute and chronic toxicity
    • ecotoxicity with or without bioaccumulation.
  2. Substances which in contact with air or water (other than air and water where the temperature or pressure has been artificially increased or decreased) generate a substance with any one or more of the properties specified in item (1) above.
  3. Substances which when discharged to surface or ground waters, have the potential to deplete oxygen as a result of the microbial decomposition of organic materials (eg milk or other food stuffs).
  4. Radio-active substances except smoke detectors.
Hauraki Gulf islands means that part of Auckland City excluding the Central Area and the Isthmus. This is shown in figure 1.1: Geographic areas.
Healthcare services mean land or buildings used for treatment or diagnosis of physical or mental health or welfare for people or animals.

It includes hospitals, dentists, doctors’ surgeries, psychiatrists, psychologists, alternative healthcare or treatments, rehabilitation clinics, physiotherapists, paediatricians, dieticians, counselling services, medical laboratories, veterinarians and ancillary dispensary pharmacies.

It does not include chemists, hairdressers, beauty clinics or other retail activities.

Height

in relation to a building means the vertical distance between ground level at any point and the highest part of the building immediately above that point (as shown on figure 14.2: Height).

When determining the highest part of the building, parapets will be taken into account but not any of the following:
  1. Radio and television antennas which do not exceed the maximum height normally permitted by the rules for the land unit or settlement area by more than 3m.
  2. Chimneys which:
    1. Do not exceed 1.1m in any horizontal direction; and
    2. Do not exceed the maximum height normally permitted by the rules for the land unit or settlement area by more than 1.5m.
  3. Finials which do not exceed the maximum height normally permitted by the rules for the land unit or settlement area by more than 1.5m.

Figure 14.2 Height

Helipad means land or buildings used for the take off and landing of helicopters. It does not include facilities for servicing, freight handling or storage hangars.
Historic heritage has the same meaning as in the RMA.
Home occupation

means the commercial use of a site for craft, occupation, business, trade or profession which is secondary and incidental to the use of the site for residential purposes.

The home occupation must meet all of the following:
  1. Be carried out by a person who lives on the site.
  2. Be carried out either wholly within the dwelling or within a residential accessory building. However fruit and vegetables used for the home occupation may be grown outdoors.
  3. Employ no more than one full-time equivalent employee who does not live on the site.
  4. No goods can be sold, or displayed for sale, on the site other than:
    1. Goods made on the site; or
    2. Fruit, vegetables or other natural products grown on the site.
  5. Generate or cause no objectionable noise, smoke, smell, effluent, vibration, dust or other noxious or dangerous effects on the environment.
  6. Generate no significant increase in traffic when compared with the traffic that could otherwise be generated from reasonable residential use of the site.
  7. Include no exterior display, other than a single sign that complies with the council's bylaw about signs, no exterior storage of materials, no other exterior indication of the home occupation or variation from the residential character of the site or the neighbourhood.
None of the following activities may be undertaken as a home occupation:
  • the boarding of cats, dogs or other animals
  • storage or sorting of any bottles, scrap or other waste materials
  • fish, meat or animal by-product processing
  • panel beating
  • vehicle wrecking
  • spray painting
  • non-residential vehicle storage
  • sheet metal work
  • heavy engineering
  • engine reboring or crankshaft grinding
  • boat, caravan or motor vehicle building.

These exclusions do not prevent the people who live in the dwelling from carrying out the normal maintenance and repair of domestic equipment (including motor vehicles) they own and use.

Homestay means where a resident person, family or other household provide within their own dwelling, accommodation (which may include meals) for reward or payment for not more than five guests. Homestay accommodation is not self-contained and does not contain a kitchen sink or dishwashing facility.
Horticulture means the use of land or buildings for the commercial growing of vegetables, fruit, berries, nuts, vines, flowers, plants or fungi. It includes market gardening, orcharding, and viticulture (but not a winery).
Household unit means a separate housekeeping unit consisting of any one of the following:
  1. One person; and up to five other people unassociated with the household.
  2. Two or more people related by blood, marriage (whether legal or defacto), civil union, adoption or legal guardianship; and up to five other people unassociated with the household.
  3. A group of not more than eight people unrelated by blood, marriage whether legal or defacto, civil union, adoption or legal guardianship.

It includes any of the normal domestic household activities which may occur on the site.

Impervious surface

means a surface which prevents water from passing into the ground.

It includes any of the following:
  • roofed areas
  • concrete and paving
  • driveway and parking areas
  • decking
  • any pool or tank (other than tanks used for collecting and storing rainwater for reuse on the site).
 

It does not include any of the following:

  • eco pavers or gobi blocks (unless used for driveway and parking areas)
  • paths under 1m in width
  • tanks used for collecting and storing rainwater for reuse on the site.

Maximum impervious surface may be defined as an area (such as in m2) or as a proportion (such as a percentage) of the net site area depending on the requirements of the Plan.

Industry

means the production, processing, assembly, packaging, servicing, testing, repair, or storage of any materials, goods, products, vehicles or equipment.

It may include any of the following:
  • a works depot
  • vehicle dismantling or wrecking to extract parts for sale.
 

It does not include any of the following:

  • quarrying or mining
  • refuse transfer stations.
Integrated visitor development means a comprehensive proposal for all buildings and activities associated with a visitor development. It may include one or more of the following:
  • visitor accommodation
  • restaurants, café and other eating places
  • tourist complex
  • visitor information centre
  • dairy
  • management and maintenance facilities and service infrastructure.
Islands means the Hauraki Gulf islands, unless the context makes it clear that a different or smaller group of islands is being referred to.
Kaitiakitanga has the same meaning as in the RMA.
Lot means a distinct parcel of land defined on a survey plan.
Mana whenua has the same meaning as in the RMA.
Marine fuelling services means any facility supplying motor fuels (excluding CNG or LPG) to boats or other vessels moored alongside at a jetty or wharf.
Mast means any pole, tower or structure designed to carry antennas.
Mean high water springs ('MHWS') is determined by the average of the heights of each pair of successive high waters during that period of about 24 hours in each semi-lunation (approximately every 14 days) when the range of tides is greatest.
Metrolight pole means a street light pole that has been designed to include telecommunications equipment within the pole structure. The equipment may include cell site antennas.
Mining means:

'to take, win, or extract, by whatever means, a mineral existing in its natural state in land, or a chemical substance from that mineral, for the purpose of obtaining the mineral or chemical substance; but does not include prospecting or exploration; and 'to mine' has a corresponding meaning:'

This is the same meaning as in the Crown Minerals Act 1991.

Minor alterations and additions to a building means any of the following:
  1. Constructing an uncovered deck of natural or dark stained timber. The deck must comply with the development controls for the land unit or settlement area.
  2. Changing or putting in windows or doors in an existing building.
  3. Changing existing materials or cladding with other materials or cladding of the same colour.
Motor vehicle sales means any of the following:
  1. The sale, hire or lease of motor vehicles, trailer boats, caravans, or trailers.
  2. The sale of spare parts for motor vehicles, outboard motors or trailer boats.
Motor vehicle services means the servicing and repair of motor vehicles and outboard motors. This may include any of the following:
  • building motor vehicle bodies
  • panel beating
  • spraypainting
  • engine reconditioning.
Multiple dwellings means more than one dwelling on a site.
Natural and physical resources has the same meaning as in the RMA.
Natural hazard has the same meaning as in the RMA.
Natural hazard area means land identified on the planning maps as being in any of the following:
  • flood prone land - type A flood plain
  • flood prone land - type B flood risk area
  • soil warning area
  • soil register area
  • erosion risk zone.
Net site area means the net area of a site. It is calculated by deducting the area of the entrance strip from gross site area.
Network utility service means any activity relating to one or more of the following:
  1. Distribution or transmission by pipeline of natural or manufactured gas petroleum or geothermal energy.
  2. Telecommunication or radiocommunication.
  3. Transformation, transmission or distribution of electricity.
  4. The transmission and distribution of water, (whether treated or untreated), for the supply including irrigation.
  5. Stormwater drainage or sewerage reticulation systems.
  6. Construction, operation and maintenance of railway lines, tramways and roads.
  7. Construction, operation and maintenance of an airport as defined by the Airport Authorities Act 1966, including the provision of any approach control service within the meaning of the Civil Aviation Act 1990.
  8. Lighthouse, navigation aids and beacons.
  9. Meteorological services.
  10. A project or work described as a 'network utility operation' by regulations made under the RMA.

'Network utility' or 'utility service' has a corresponding meaning.

New organism means:
1 A new organism is-
  1. An organism belonging to a species that was not present in New Zealand immediately before 29 July 1998:
  2. An organism belonging to a species, subspecies, infrasubspecies, variety, strain, or cultivar prescribed as a risk species, where that organism was not present in New Zealand at the time of promulgation of the relevant regulation:
  3. An organism for which a containment approval has been given under this Act:
  4. ca. an organism for which conditional release approval has been given:
  5. cb. a qualifying organism approved for release with controls:
  6. d. A genetically modified organism:
  7. An organism that belongs to a species, subspecies, infrasubspecies, variety, strain, or cultivar that has been eradicated from New Zealand.
2 An organism is not a new organism if-
  1. the organism is not a genetically modified organism and-
    1. an approval is granted under section 38 to release an organism of the same taxonomic classification; or
    2. the organism is a qualifying organism and an approval has been granted under section 38I to release an organism of the same taxonomic classification without controls; or
    3. an organism of the same taxonomic classification has been prescribed as not a new organism; or
  2. the organism is a genetically modified organism and-
    1. an approval is granted under section 38 to release an organism of the same taxonomic classification with the same genetic modification; or
    2. the organism is a qualifying organism and an approval has been granted under section 38I to release an organism of the same taxonomic classification with the same genetic modification without controls; or
    3. an organism of the same taxonomic classification with the same genetic modification has been prescribed as not a new organism; or
  3. the new organism was deemed to be a new organism under section 255 and other organisms of the same taxonomic classification were lawfully present in New Zealand before the commencement of that section and in a place that was not registered as a circus or zoo under the Zoological Gardens Regulations 1977.
2A A new organism does not cease to be a new organism because-
  1. it is subject to a conditional release approval; or
  2. it is a qualifying organism approved for release with controls.
3 Despite the provisions of this section, an organism present in New Zealand before 29 July 1998 in contravention of the Animals Act 1967 or the Plants Act 1970 is a new organism.
4 Subsection (3) does not apply to the organism known as rabbit haemorrhagic disease virus, or rabbit calicivirus.'

This is the same definition as in the Hazardous Substances and New Organisms Act 1996.

Non-complying activity has the same meaning as in the RMA.
Notional boundary

means:

'The notional boundary is defined as a line 20 metres from any side of a dwelling or the legal boundary where this is closer to the dwelling.'

This is the same meaning as NZS 9801:1999 Acoustics - Measurement of Sound. The term 'notional boundary' is used in the Plan in the context of measuring noise.

Offices

means land or buildings used for administration, consultation, or management of business transactions.

It includes any of the following:
  1. Administrative offices for managing the affairs of an organisation, whether or not trading takes place.
  2. Commercial offices such as banks, insurance agents, or real estate agents where trade (other than the immediate exchange of money for physical goods) is transacted.
  3. Professional offices such as the offices of accountants, solicitors, architects, engineers, surveyors, stockbrokers and consultants where a professional service is available and carried out. This does not include healthcare services.
Open air market means an outdoor market which sells goods including bric a brac, produce, food and drink, art and cottage industry goods.
Outdoor adventure activities means an adventure sport undertaken outdoors. It includes paintball, mountain biking and associated tracks, bungyjumping, kayaking, and other outdoor pursuits. It does not include motorised activities such as motorcross or go-karting.
Papakainga housing means residential accommodation on any land classified as Maori land by the Maori Land Court.
Pastoral farming means the growing of grass and fodder crops on which stock are grazed. It does not include the grazing of deer or goats.
Permitted activity has the same meaning as in the RMA.
Plan means this District Plan (ie the proposed Hauraki Gulf Islands Section of the Auckland City District Plan).
Prohibited activity has the same meaning as in the RMA.
Prospecting

means:

'any activity undertaken for the purpose of identifying land likely to contain exploitable mineral deposits or occurrences; and includes -
  1. Geological, geochemical, and geophysical surveys; and
  2. The taking of samples by hand or hand held methods; and
  3. Aerial surveys,

and 'to prospect' has a corresponding meaning:'

This is the same definition as in the Crown Minerals Act 1991.

Protection yard means either of the following:
  1. A strip of land located between the coast (as defined by mean high water springs 'MHWS') and a line parallel to that coast; or
  2. A strip of land located between the edge of a wetland or water body, and a line parallel to that edge.

The Plan rules specify the required width for any particular protection yard. The width must be measured in the horizontal plane.

The protection yard must be:
  1. Kept clear and unobstructed by buildings (including eaves, roof, gutter or downpipes). This includes buildings both above and below ground; and
  2. Kept clear of earthworks and any other activities as specified in the Plan.

The location of the protection yard may change over time due to changes in the location of MHWS, the wetland or water body.

Quarrying means the extraction of sand, gravel or rock for the purposes of providing construction materials. It may include any of the following:
  1. Blasting.
  2. Removal of overburden.
  3. Processing to produce aggregates of sand, gravel and rock only.
  4. Storage of this material.
  5. Construction and maintenance of plant, machinery and buildings.
  6. Other ancillary works connected with such operations.
Refuse transfer station means a facility where waste collected from waste generators is compacted before being taken to a waste deposal site.
Requiring authority has the same meaning as in the RMA.
Residential accessory building means an accessory building which is either:
  1. Incidental to the use of a dwelling on a site; or
  2. Incidental to the residential use of a site.

It may include a garage or carport, a shed, a workshop, an office, a building used for a home occupation, a recreation room, a spa pool or swimming pool.

It does not include any of the following:
  • a sleepout or other buildings that generally form part of a dwelling
  • a building which contains a kitchen sink or dishwashing facility.
Residential uses means any use of land or buildings for a dwelling or for uses ancillary or incidental to a dwelling.
Restaurant, cafe and other eating places means land or buildings where food is sold to the public for eating on the premises. It may include premises licensed under the Sale of Liquor Act 1989. Part of the trade of the premises may involve sale of food to be eaten off the premises ie takeaway food.
Restricted discretionary activity has the same meaning as in the RMA.
Retail premises

means land or buildings where goods, merchandise, equipment or services are sold, displayed, hired or offered for sale or direct hire to the public.

It includes any of the following:
  • a shop
  • a takeaway food bar
  • a market
  • premises which have an off-license under the Sale of Liquor Act 1989.
 

It does not include any of the following:

  • a service station
  • motor vehicle sales
  • motor vehicle services
  • restaurant, cafe and other eating places
  • an internet cafe (where five or more computer terminals are available for hire and use on the premises for gaming and internet access.)
RMA - the RMA means the Resource Management Act 1991 and includes any amendments to that Act. The RMA is also referred to as 'the Act'.
Road

means:

'the whole of land which is within the district, and which-
  1. Immediately before the commencement of this Part of this Act was a road or street or public highway; or
  2. Immediately before the inclusion of any area in the district was a public highway within that area; or
  3. Is laid out by the council as a road or street after the commencement of this Part of this Act; or
  4. Is vested in the council for the purpose of a road as shown on a deposited survey plan; or
  5. Is vested in the council as a road or street pursuant to any other enactment;-
and includes-
  1. Except where elsewhere provided in this Part of this Act, any access way or service lane which before the commencement of this Part of this Act was under the control of any council or is laid out or constructed by or vested in any council as an access way or service lane or is declared by the Minister of Works and Development as an access way or service lane after the commencement of this part of this Act or is declared by the Minister of Lands as an access way or service lane on or after the 1st day of April 1988.
  2. Every square or place intended for use of the public generally, and every bridge, culvert, drain, ford, gate, building, or other thing belonging thereto or lying upon the line or limits thereof;-

But, except as provided in the Public Works Act 1981 or in any regulations under that Act, but does not include a motorway within the meaning of that Act.'

This is the same definition as in section 315 of the Local Government Act 1974.

Road network means a system of roads to allow the movement of pedestrian, cycles and vehicles. It includes any of the following:
  1. Underground infrastructure located at or below the existing ground surface. This includes any of the following:
    1. The construction (including earthworks), operation and maintenance of roads including associated footways, footbridges, bridges, tunnels and retaining walls.
    2. Public transit systems.
    3. Road lighting, lighting in public places, lighting in private roads and private ways together with support structures as provided for by section 334A of the Local Government Act.
    4. Traffic and direction signs, information and naming signs permitted under the council’s bylaw which controls signs.
    5. Traffic signals and support structures, cabinets and ancillary equipment associated with traffic signals.
    6. Transport shelters.
    7. Seats and rubbish bins.
  2. Aboveground infrastructure located above the existing ground surface. This includes any of the following:
    1. The construction (including earthworks), operation and maintenance of roads including associated footways, footbridges, bridges, tunnels and retaining walls.
    2. Public transit systems.
    3. Road lighting, lighting in public places, lighting in private roads and private ways together with support structures as provided for by Section 334A of the Local Government Act.
    4. Traffic and direction signs, information and naming signs permitted under the councl’s bylaw which controls signs.
    5. Traffic signals and support structures, cabinets and ancillary equipment associated with traffic signals.
    6. Parking meters.
    7. Refuse and recycling drop off points.
    8. Transport shelters.
    9. CCTV (closed circuit television) cameras.
    10. Seats and rubbish bins.
Rural property management plan means a long term management plan which comprehensively details all land use activities proposed to be undertaken on a site, including the location of buildings and activities, and the mitigation of effects proposed to manage adverse effects from those buildings and activities.
Scheduled item see definition in part 7 - Heritage.
Service station

means any land or buildings where the main activity is the retail sale of motor vehicle fuels (including petrol, LPG, CNG and diesel).

It may also include one or more of the following:
  1. The sale of kerosene, alcohol based fuels, lubricating oils, tyres, batteries, vehicle spare parts and other accessories normally associated with motor vehicles.
  2. A retail premises with a maximum gross floor area of 100m2.
  3. Mechanical repair and servicing of motor vehicles (including motor cycles, caravans, boat motors, trailers) and domestic gardening equipment.
  4. Warrant of fitness testing.
  5. Car wash facilities.
Significant environmental feature means either of the following:
  • The whole of any distinct natural feature or landscape which makes a significant contribution to the quality of the local natural environment and amenity.
  • Any feature of archaeological, historical or cultural significance.
 

It may include one or more of the following:

  • any site of ecological significance scheduled in the Plan
  • a water system
  • a habitat for indigenous species
  • an association of indigenous vegetation
  • a landform (including any significant ridgeline identified on the planning maps)
  • an ecological corridor
  • a visually significant area or group of areas
  • any item scheduled in the Plan for its archaeological, historical or cultural significance.
Significant ridgeline area means an area surrounding a significant ridgeline as identified on the planning maps. The significant ridgeline area includes all land falling within 100m perpendicular to any point on the identified ridgeline.
Site means either:
  1. An area of land which is:
    1. Contained in a single certificate of title; or
    2. Contained in a single lot on an approved survey plan or subdivision for which a separate certificate of title could be issued without further consent of the council;

    being in any case the smaller land area of (a) or (b);or

  2. An area of land which is composed of two or more contiguous lots held in two or more certificates of title where such titles are:
    1. Subject to a condition imposed under section 75 of the Building Act 2004 (or previously bound by section 37 of the Building Act 1991 (repealed)); or
    2. Held together in such a way that they cannot be dealt with separately without the prior consent of the council, such as a covenant imposed under section 220(2)(a) and section 240 of the Resource Management Act 1991, or any covenant previously bound by section 643 (repealed) of the Local Government Act 1974.

Except that in the case of land subdivided under the Unit Titles Act 1972 or the cross lease system, 'site' will be considered to be the whole of the land subject to the unit development or cross lease.

Sleepout means a building which contains a bedroom or bedrooms. It may include bathroom and toilet facilities. It does not contain a kitchen sink or dishwashing facility.

A sleepout must be treated as a building forming part of a dwelling rather than as an accessory building.

Soil register area means land for which the council holds a geotechnical report on the condition of soils for all or part of the sites identified. These reports have usually been prepared in conjunction with an application for a building consent because:
  • The land was within a soil warning area; or
  • Site inspections by an engineer with geotechnical expertise determined that the foundations for a building or structure on the site would need specific design due to soil conditions.

Land within a 'soil register area' is identified on the planning maps.

Soil warning area means any of the following:
  • areas of filled or weak ground (this may include former refuse tip sites)
  • areas that are unstable
  • areas where the ground is suspected to be liable to slip, slump, or become liquefied, or perform poorly if loads are imposed upon it.

Land within a 'soil warning area' is identified on the planning maps.

Sustainable management has the same meaning as in the RMA.
Tavern means land or buildings used primarily for the sale of liquor and other refreshments to the public for consumption on the premises. Liquor may also be sold for consumption off the premises.
Telecommunication network means a system made up of telecommunication links to allow telecommunication. It includes any of the following:
  1. Underground infrastructure located at or below the existing ground surface. This includes cables (service connection and distribution lines including fibre optic), cabinets, conductors and Totally Underground Distribution Systems (TUDS).
  2. Aboveground infrastructure located above the existing ground surface. This includes public telephone boxes, cabinets, junction pillars, cellphone antennas, cell site antennas, masts and metrolight poles.
  3. Overhead cable infrastructure located above the existing ground surface and suspended by poles or support structures. This includes cables (service connection and distribution lines including fibre optic) and support poles, and any equipment or structure located on support poles.
Tourist complex

means land or buildings which are used for the day to day accommodation of tourists and short-stay visitors away from their normal place of residence.

It includes visitor accommodation in association with one or more of the following:
  • function facilities
  • taverns
  • restaurants, cafe and other eating places
  • entertainment facilities

without limiting the use of such facilities to people staying in the complex.

It may include premises licensed under the Sale of Liquor Act 1989.

It does not include:
  • camping facilities; or
  • boarding houses or hostels.
Type A flood plain means land that the council has identified as being likely to flood in a 1 in 100 year storm. Type A flood plains are identified on the planning maps. Type A flood plains are considered to be a reasonably accurate assessment of flooding in a 1 in 100 year storm.
Type B flood risk area means land that the council has identified as being likely to flood in a 1 in 100 year storm. Type B flood risk areas are identified on the planning maps. Type B flood risk areas are based on less accurate information than type A flood plains.
Visitor accommodation means land or buildings used for the day to day accommodation of tourists and short-stay visitors away from their normal place of residence.

It may include shared or centralised services for the tourists or visitors such as kitchen and dining facilities, toilet and washing facilities, and recreational and bar facilities.

It includes any of the following:
  • motels and hotels
  • backpacker lodges
  • serviced rental accommodation for visitors that is offered at a daily tariff or with a pricing structure that is consistent with short stay accommodation
  • timeshare accommodation.

It may include premises licensed under the Sale of Liquor Act 1989.

It does not include any of the following:
  • the letting of dwellings
  • homestays
  • boarding houses and hostels
  • camping facilities
  • taverns
  • restaurants, cafes and other eating places except where these are limited to the use of people staying in the accommodation and their guests.

It may form part of a tourist complex.

Wastewater network means a system made up of wastewater links to allow the reticulation of wastewater or sewage. It includes any of the following:
  1. Underground infrastructure located at or below the existing ground surface. This includes associated equipment, pipes and fittings, chambers and pits, meters, pumping stations, manholes and detention tanks.
  2. Aboveground infrastructure located above the existing ground surface. This includes aerial pipe bridges, pumping stations, transformers, ventilation pipes, manholes, discharge outlets equipment, cabinets, emergency overflows, aerials, overflow screens and biofilters.
Water body

means fresh or tidal water in a river, lake, stream, pond or modified natural water course.

It does not include any of the following:
  • any artificial water course such as a drain or an irrigation canal
  • any ephemeral streams that do not support aquatic life
  • any water located below mean high water springs.
Water system means any part of a natural drainage system including ground water, aquifers, water bodies, and wetlands.
Wetland means areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
Winery

means land or buildings used for the processing, and fermentation of grapes into wine, and may include bottling facilities, wine-tasting and ancillary wine retailing.

It does not include any of the following:
  • visitor accommodation
  • restaurants, cafes or other eating places
  • function facilities.
Yard means a part of a site which is to be kept clear and unobstructed by buildings (including eaves, roof, gutter or downpipes) from the ground upwards.

The Plan rules specify the required width for any particular yard. The width must be measured in the horizontal plane.

Except as otherwise provided by this Plan:

Front yard means a yard which:
  • is located between the site boundary where it abuts the road and a line parallel to that; and
  • extends across the full width of the site.

Except that where any building line for road widening purposes is shown on the planning maps this line will be substituted for the site boundary.

Rear yard means a yard which:
  • is located between the rear boundary of a site (other than a corner site) and a line parallel to that; and
  • extends across the full width of the site.

For a rear site, all boundaries, other than the boundary fronting the road, will be treated as rear boundaries.

Side yard means a yard which:
  • is located between the side boundary of a site and a line parallel to that
  • extends across the full width of the site; and
  • excludes any part of the site which is a front or rear yard.

For a corner site, every boundary which does not abut the road, will be treated as a side boundary.

The location of front, rear and side yards is shown on figure 14.3: Yards.

Building restriction yard means a yard, the location of which is indicated on the planning maps. This replaces any other front yard requirements.

Protection yard - this is defined under 'protection yard'

Figure 14.3 Yards

14.4 Definitions from the Resource Management Act 1991

The Plan uses a number of terms which have particular meanings as defined the RMA. Those RMA terms which are likely to be of most relevance to a user of the Plan are set out below for information purposes only. However this list is by no means exhaustive.

The definitions below are correct at the time of notification of this Plan. However from time to time there may be further amendments to the RMA resulting in changes to defined terms. The council intends to update this list periodically to reflect any subsequent changes to the RMA. If any inconsistency arises between the most current RMA definition and this list, then the RMA definition takes precedence.

Allotment Section 218 (2) states:

"In this Act, the term "allotment" means —

  1. Any parcel of land under the Land Transfer Act 1952 that is a continuous area and whose boundaries are shown separately on a survey plan, whether or not —
    1. The subdivision shown on the survey plan has been allowed, or subdivision approval has been granted, under another Act; or
    2. A subdivision consent for the subdivision shown on the survey plan has been granted under this Act; or
  2. Any parcel of land or building or part of a building that is shown or identified separately —
    1. On a survey plan; or
    2. On a licence within the meaning of Part 7A of the Land Transfer Act 1952; or
  3. Any unit on a unit plan; or
  4. Any parcel of land not subject to the Land Transfer Act 1952."
Amenity values Section 2 states:

"Amenity values means those natural or physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, and cultural and recreational attributes."

Contaminant

Section 2 states:

"Contaminant includes any substance (including gases, odorous compounds, liquids, solids, and micro-organisms) or energy (excluding noise) or heat, that either by itself or in combination with the same, similar, or other substances, energy, or heat-
  1. When discharged into water, changes or is likely to change the physical, chemical, or biological condition of water; or
  2. When discharged onto or into land or into air, changes or is likely to change the physical, chemical, or biological condition of the land or air onto or into which it is discharged:"
Contaminated land

Section 2 states:/

"contaminated land means land of one of the following kinds:

  1. if there is an applicable national environmental standard on contaminants in soil, the land is more contaminated than the standard allows; or
  2. if there is no applicable national environmental standard on contaminants in soil, the land has a hazardous substance in or on it that-
    1. has significant adverse effects on the environment; or
    2. is reasonably likely to have significant adverse effects on the environment."
Controlled activity

Section 77B (2) states:

"If an activity is described in this Act, regulations, or a plan or proposed plan as a controlled activity, —
  1. a resource consent is required for the activity; and
  2. the consent authority must grant the resource consent, unless it has insufficient information to determine whether or not the activity is a controlled activity; and
  3. the consent authority must specify in the plan or proposed plan matters over which it has reserved control; and
  4. the consent authority's power to impose conditions on the resource consent is restricted to the matters that have been specified under paragraph (b); and
  5. the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan."
Designation Section 166 states:

"Designation means a provision made in a district plan to give effect to a requirement made by a requiring authority under section 168 or section 168A or clause 4 of Schedule 1."

Discretionary activity

Section 77B (4) states:

"If an activity is described in this Act, regulations, or a plan or proposed plan as a discretionary activity, —
  1. a resource consent is required for the activity; and
  2. the consent authority may grant the resource consent with or without conditions or decline the resource consent; and
  3. the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan."
Effect

Section 3 states:

"In this Act, unless the context otherwise requires, the term "effect" includes —
  1. Any positive or adverse effect; and
  2. Any temporary or permanent effect; and
  3. Any past, present, or future effect; and
  4. Any cumulative effect which arises over time or in combination with other effects —
  5. regardless of the scale, intensity, duration, or frequency of the effect, and also includes —
  6. Any potential effect of high probability; and
  7. Any potential effect of low probability which has a high potential impact."
Environment

Section 2 states:

"Environment includes —
  1. Ecosystems and their constituent parts, including people and communities; and
  2. All natural and physical resources; and
  3. Amenity values; and
  4. The social, economic, aesthetic, and cultural conditions which affect the matters stated in paragraphs (a) to (c) of this definition or which are affected by those matters."
Historic heritage

Section 2 states:

"Historic heritage -
  1. means those natural and physical resources that contribute to an understanding and appreciation of New Zealand's history and cultures, deriving from any of the following qualities:
    1. archaeological:
    2. architectural:
    3. cultural:
    4. historic:
    5. scientific:
    6. technological; and
  2. includes —
    1. historic sites, structures, places, and areas; and
    2. archaeological sites; and
    3. sites of significance to Maori, including wahi tapu; and
    4. surroundings associated with the natural and physical resources."
Kaitiakitanga Section 2 states:

"Kaitiakitanga means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship."

Mana whenua Section 2 states:

"Mana whenua means customary authority exercised by an iwi or hapu in an identified area."

Natural and physical resources Section 2 states:

"Natural and physical resources includes land, water, air, soil, minerals, and energy, all forms of plants and animals (whether native to New Zealand or introduced), and all structures."

Natural hazard Section 2 states:

"Natural hazard means any atmospheric or earth or water related occurrence (including earthquake, tsunami, erosion, volcanic and geothermal activity, landslip, subsidence, sedimentation, wind, drought, fire, or flooding) the action of which adversely affects or may adversely affect human life, property, or other aspects of the environment."

Non-complying activity

Section 77B (5) states:

"If an activity is described in this Act, regulations, or a plan or proposed plan as a non-complying activity, —
  1. a resource consent is required for the activity; and
  2. the consent authority may grant the resource consent with or without conditions or decline the resource consent."
Permitted activity Section 77B (1) states:

"If an activity is described in this Act, regulations, or a plan or proposed plan as a permitted activity, a resource consent is not required for the activity if it complies with the standards, terms, or conditions, if any, specified in the plan or proposed plan."

Prohibited activity Section 77B (7) states:

"If an activity is described in this Act, regulations, or a plan as a prohibited activity, no application may be made for that activity and a resource consent must not be granted for it."

Requiring authority

Section 166 states:

"Requiring authority means -
  1. A Minister of the Crown; or
  2. A local authority; or
  3. network utility operator approved as a requiring authority under section 167."
Restricted discretionary activity

Section 77B (3) states:

"If an activity is described in this Act, regulations, or a plan or proposed plan as a restricted discretionary activity, —
  1. a resource consent is required for the activity; and
  2. the consent authority must specify in the plan or proposed plan matters to which it has restricted its discretion; and
  3. the consent authority's powers to decline a resource consent and to impose conditions are restricted to matters that have been specified under paragraph (b); and
  4. the activity must comply with the standards, terms, or conditions, if any, specified in the plan or proposed plan."
Sustainable management

Section 5 (2) states:

"In this Act, "sustainable management" means managing the use, development, and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic, and cultural wellbeing and for their health and safety while —
  1. Sustaining the potential of natural and physical resources (excluding minerals) to meet the reasonably foreseeable needs of future generations; and
  2. Safeguarding the life-supporting capacity of air, water, soil, and ecosystems; and
  3. Avoiding, remedying, or mitigating any adverse effects of activities on the environment."