Update December 2023
BoPRC Update on the Issuing of Resource Consents
Lake Rotoiti Limited Notified Consent Applications
The hearing for the notified Lake Rotoiti Lake structure consents took place in August.
Following this the Commissioners for the hearing released their decision, granting 30-year duration consents to all applications.
A corrected set of resource consent conditions was provided by the Commissioners in October.
We are in the process of rolling out the individual consent conditions to applicants and had hoped to get all the individual notified Rotoiti consents out before the end of this year. Although some have already been issued, we will not be able to get all of them out until after the New Year. We apologise for the delay and commit to get the rest out as soon as practicable. We have been obtaining lake structure dimensions for structures where we did not previously have dimensions to include in the consent decisions.
The full BoPRC Update is available here.
Update November 2023
LAKE STRUCTURE RESOURCE CONSENT CONCLUSION
Pre-Hearing
As previously reported, LRCA was actively involved with Bay of Plenty Regional Council (BoPRC), and Te Arawa Lakes Trust (TALT) in attempting to facilitate a mutually agreeable outcome for consent renewals for existing lake structures. Numerous previous updates recorded the extensive efforts made by the LRCA subcommittee through meetings and hui with BoPRC and TALT staff. Some progress was made with debating and agreeing in principle Conditions and Advice Notes that addressed some of the cultural and environmental concerns that TALT’s Cultural Mapping Report and it’s May 2022 Submission raised in response to the 295 limited-notified consent applications. As an example, retaining walls/erosion protection walls were one such area. Whilst not being totally resolved, it was generally agreed in principle that replacing walls when at the end of their life with ‘Habitat walls’, of a suitable design and if the site allowed that, would provide shelter for Koura, as an appropriate mitigation to address cultural concerns.
As recorded, it was disappointing that these discussions with TALT were unsuccessful in achieving agreement on the term for new consents. TALT preferred a 10-year term, and Applicants were requesting 30-year terms, which BoPRC indicated it also supported. At that point (November 2022) the LRCA subcommittee concluded its efforts in attempting to facilitate community-wide agreement, and a large group of applicants prepared for an Independent Commissioner hearing, as TALT wished to be heard. LRCA had no formal role in the Hearing, but individual members of the former subcommittee who were also applicants, provided considerable assistance to the structure owners to advance their case at the hearing.
Hearing
A two-day hearing was conducted in Rotorua in late August before two Commissioners. Two groups of applicants had engaged Legal Counsel and a Planning Consultant, who provided written and oral submissions and expert evidence on day one. Over 120 applicants had lodged written evidence and around 30 presented verbally (in person or via Zoom) in support of their applications. This extensive evidence described in many cases deep multi-generational connections and a love for the lake, some back to the 1920’s. A great deal of history was revealed, including very close connections with Iwi in many cases, particularly in the early days.
TALT attended in person on day two and presented legal submissions but TALT did not file any evidence. The two staff members from TALT who were present were questioned on a number of points by the Commissioners.
The BoPRC Officer who had prepared the s42a pre-hearing report containing recommendations to Commissioners, then presented after hearing all the legal submissions and evidence and made several changes to her recommendations and advice to the Commissioners, including recommending a 30-year term for all limited-notified structures (including 50 previously unconsented structures that had been missed in the 2007/2008 consents, that some applicants sought to be included in their new consents). A Legal right of reply on behalf of applicants followed and the Commissioners closed the hearing.
Decision
The written decision was delivered in early September with a 30-year term granted for all limited-notified consents. The 15 working day appeal period passed on 4 October and no appeals were lodged.
The Commissioners clearly gave a good deal of thought into the Conditions and Advice Notes that will accompany the Consents (a single Consent will cover all structures under the same ownership).
The BoPRC patrol team have been travelling around the lake checking existing measurements of structures, which will be inserted into the Consent documents.
Funding
A group of applicants funded the main legal/planning work necessary to prepare for and present at the hearing, and a collection from other grateful applicants defrayed much of that cost. A number of that group very generously chose to donate some or all of their share of the fundraising to LRCA. Whilst no LRCA funds were expended on this exercise, a great deal of voluntary community work was undertaken.
Issuing of Consents and Fees
BoPRC is now working on issuing 30-year consents to applicants who will undoubtedly be grateful to receive them, in particular to avoid having to repeat this exercise every ten years. The Consents will include a 10-year LINZ lease in relation to the Crown stratum, and where appropriate, a 10-year Right to Occupy licence for structures on, or partly on, District Council reserves. There are some on DoC land as well. These will all need to be renewed twice during the 30-year consent term. The 30 or so non-notified consent holders were invoiced the balance of the estimated $1,500 consent processing fee for simple cases. The fee will be higher for the more complex limited-notified applications and include the cost of the Commissioner Hearing. BoPRC have not yet calculated the fee, but the overall costs will be shared by 295 applicants.
This is the final report on Lake Structure Resource Consents, and LRCA wishes to acknowledge the considerable work undertaken, and the interactions with BoPRC and TALT staff.
Update August 2023
LAKE STRUCTURE RESOURCE CONSENT HEARING
The Hearing before Independent Commissioners was conducted on 28/29 August.
Regional Council’s section 42a report was published in early August, recommending 30 year consents, subject to various conditions and advice notes, except for Gisborne Point structures, where a shorter term was recommended.
Over 120 structure owners submitted briefs of evidence before the hearing in support of their consent applications for jetties, boat ramps/slipways, boatsheds and mooring around Lake Rotoiti.
Over 100 attended the hearing either in person or on Zoom, and more than 30 structure owners spoke in support of their application.
Some owners around the lake were legally represented and supported by a planning consultant. 40 Gisborne Point owners were also legally represented due to the unexpected recommendation that a shorter term be considered by the Commissioners.
Submitter Te Arawa Lakes Trust were represented by two staff members and presented the cultural reasons for holding firm to their preference for 10 year terms.
The reporting officer presented her review of the report, the written and verbal evidence and advised the Commissioners that she supported the 30 year term for all the structures, including Gisborne Point.
The Commissioners had raised questions about some the recommended Conditions and Advice Notes, and some more consideration of that is underway and will be forwarded to the reporting officer and the Commissioners.
A decision is expected in 5 weeks or so, that may resolve this complex six year journey, although the parties have 3 weeks following the decision to lodge an appeal.
LRCA had provided earlier input into the process and communicated widely with structure owners and Council, but this concluded when the pre-hearing meetings it requested with TALT in 2022 were unsuccessful in achieving agreement of the consent term. The process of supporting the resolution thereafter was continued by individual structure owners.
Questions can directed to lakes.structures@gmail.com.
Update July 2023
This July 23 Update from BoPRC for Lake Structure Owners advises:
Lake Rotoiti – Limited Notified Consent applications
The hearing for the notified Lake Rotoiti lake structure consent applications will be on Monday 28 and Tuesday 29 August at Arawa Park Hotel, Fenton Street, Rotorua. Te Arawa Lakes Trust submitted on the applications and requested a 10-year consent term. You may amend your application to seek a 10-year term to avoid being included in the hearing process. You would then need to apply for a replacement consent within 10 years. If you amend your application and receive a 10-year consent, you won’t be able to extend the consent term. If you wish to amend your application to seek a 10-year consent term, please email Mel Jones on Melanie.Jones@boprc.govt.nz by 5pm, Friday 4 August.
If you’d prefer to continue applying for a 30-year term, your application will need to go to the hearing. The Council planner’s report will be available at least three weeks prior to the hearing and will set out their recommendations, including draft consent conditions. Expert evidence from applicants is due two weeks before the hearing (14 August). Evidence from all applicants is not required.
The decision on whether to grant the applications, consent term and conditions will be made by two independent commissioners. More information about the hearing process is available here. The cost of processing of the applications will be split between the 294 applicants. Hearing costs include:
- Council staff time writing the report and conditions, peer review of the report, reading evidence from applicants and submitters, attending the hearing,
- Hearing commissioners’ time reading reports and evidence, attending the hearing, decision making, report writing, and
- Hearing venue hire.
The commissioners will read all evidence before the hearing, so there is no need to read pre-circulated evidence or your application at the hearing. Given the large number of applicants, it will be most efficient for applicants to coordinate to avoid repetition and save time (and costs) at the hearing. We understand that there is an RMA lawyer and planner working for at least 17 applicants and that the arguments are likely to be common to all applicants.
If you have not already done so, if you intend to speak at the hearing, please email Melanie.Jones@boprc.govt.nz with an estimate of how long you intend to speak for. Please let Mel know as soon as possible so that the hearing schedule can be created and circulated in a timely manner.
The full Update from BoPRC for Lake Structure Owners is available here.
Update December 2022
This December 22 Update from BoPRC for Lake Structure Owners makes the following comments on the Rotoiti Replacement Consent Project:
We have nearly completed sending out all the Lake Rotoiti non-notified consents.
Applications assessed as having minor or more than minor adverse cultural effects were limited, notified to Te Arawa Lakes Trust and the iwi and hapū groups with an interest in this rohe.
Te Arawa Lakes Trust (TALT) provided a submission, and a copy of this was sent to all applicable lake structure consent applicants.
Te Arawa Lakes Trust have asked to be heard at a hearing, which means that Bay of Plenty Regional Council (BOPRC) is obliged to hold a hearing and a commissioner(s) will make decisions on the applications, unless all issues can be resolved prior to a hearing.
BOPRC have facilitated two pre-hearing meetings with TALT and LRCA (Lake Rotoiti Community Association) representatives and although some issues have been resolved we are still working through this process.
Please note that throughout the process Regional Council staff and TALT have discussed the concerns raised and sought to find solutions. Council staff have also discussed issues and potential solutions with representatives of the LRCA.
A resource consent hearing is a formal public meeting to consider a resource consent application. A hearing provides an opportunity for the applicants and submitters to present their case to a neutral independent hearing commissioner before a decision or recommendation is made.
You can read the full Update here.
Update October 2022
Further to our July update, a subcommittee working group set up by LRCA has met with Te Arawa Lakes Trust (TALT) and Bay of Plenty Regional Council (BoPRC) to discuss the TALT submission following the applications for new consents for lake structures. The objective is to endeavour to reach agreement in principle to mitigate the issues submitted by TALT, in order to avoid, if possible a Commissioner Hearing. The discussions included the key topics of:
• term of consent;
• koura and habitat retaining walls;
• private boatramps and biosecurity checks on lakeweed.
• draft conditions and advice notes were also discussed. LRCA undertook to consider these matters and discuss further.
A further meeting will follow up on the discussions. In the meantime, 30-year Consents have been issued by Council for those structures assessed as ‘less than minor adverse cultural effects’.
If you have questions about anything to do with this issue that you think we can help with, please send us an email at lrca@rotoiti.co.nz.
Update 3 July 2022
Important Update for Lake Structure Owners
The Lake Structure Resource Consent process is very important for Rotoiti lake structure owners, LRCA has kept members informed of progress and our involvement with Regional Council.
This update highlights the latest development, including that Council have now forwarded the Submission made by Te Arawa Lakes Trust (TALT) and summarised the next steps as they see it.
We invite structure owners to read this important update that outlines LRCA’s involvement.
Update 22 May 2022
Update from BoPRC for Lake Structure Owners
This May 22 Update from BoPRC for Lake Structure Owners covers:
Replacement Consent Project (Lake Rotorua, Lake Tarawera, Lake Rotoiti and the Ōhau Channel
Lakebed Ownership Acknowledgement
Tribute to Geoff Ewert
Rotorua Te Arawa Lakes Strategy group hui
Update 11 March 2022
Regional Council has now completed the ‘Notification determinisation’ for Rotoiti. What does this mean?
1. ‘Less than minor adverse cultural effects’ existing lake structures will be ‘non-notified’. Council will work progressively through sending draft conditions to applicants, and if accepted, a 30 year Consent will be issued. See the Note below explaining a change to the Review Condition compared to Rotoma’s Consents (they were the first Lake processed). However, even with this change, we anticipate most applicants will be happy with a 30 year consent, and will agree to the conditions. The new consent will be effective from the date issued, not the expiry date of the previous consent, another good outcome. Applicants will be billed for any balance of fees owing.
2. ‘Minor/more than minor adverse cultural effects’ structures will be ‘limited-notified’ to TALT and local Iwi, commencing very soon. They have 20 working days to make submissions about the application. We are advised that applicants are informed when notification is made. Council will consider any submission received, and prepare draft Conditions for consideration by TALT. Depending on the issues raised and decisions sought (such as mitigations) in the submissions, Council may facilitate discussions between applicants and submitters and/or progress to a hearing if submissions are received and submitters wish to be heard.
NOTE
3. Non-notified Conditions - Rotoma Consents had a Review clause allowing Council to review consent conditions every 5 years if they consider the structure has any adverse effect on the environment, but Council have changed this to allow a review to be considered annually. LRCA has advised Council that this is a significant change, but they advise this is now their standard approach. We understand reviews are very rare.
4. Lake ownership acknowledgement - Since commencing this update, LRCA has been informed by Council that during discussions with TALT in respect of remaining Tarawera consents, the following draft condition has been developed for all remaining consents.
“To acknowledge tangata whenua’s relationship with the lake and Te Arawa Lakes Trust’s ownership of the lakebed the consent holder is required to provide within 1 year of this consent being granted, written evidence of their attempt at engagement with Te Arawa Lakes Trust to obtain written acknowledgement that the structure is located on lakebed owned by Te Arawa and existed prior to the 2006 Te Arawa Lakebed Settlement”.
Having been informed of this new draft condition, and given TALT’s lakebed ownership is enshrined in both the Treaty Settlement deed, and Settlement Act, LRCA has suggested to Council that we draft a standard acknowledgement letter in consultation with Council, that is sent to all applicants which they can then use after consent is granted to complete and send to TALT and forward a copy to Council. We believe this may simplify the process for all parties and we will update you if this approach is adopted.
5. TARAWERA
* non-notified applications for Tarawera are being issued 30 year Consents as in 1 above.
* limited-notified applications are awaiting TALT’s response to the draft conditions sent to them, after Council consideration of the submissions received.
* A Hearing was scheduled for the applications with ‘significant adverse cultural effects’ at Kariri Point/Boat Shed bay, but was delayed due to Covid.
6 UNCONSENTED STRUCTURES Some owners applied to have unconsented existing structures (like retaining walls) included in their new consent. We understand that Council is seeking proof that these structures existed before the Settlement. If requested, dated photographs, may be sufficient, or perhaps a signed statement from a long-standing neighbour attesting to its existence.
LRCA COMMITMENT
* We will continue to monitor progress with the Consent Applications, and to liaise with Council as appropriate.
* We have requested that LRCA be included in any pre-hearing discussions with TALT, in an endeavour to assist resolution of any hurdles for the Rotoiti limited-notified applications.
* Of course, applicants will be free to deal directly with any specific issues that may arise for their structure/s.
* We will keep our membership appropriately informed
* Please contact us if you have any queries.
Update December 2021
EXISTING LAKE STRUCTURE RESOURCE CONSENTS
The latest information received from BoPRC is:
1. That they have now commenced and continue to work through the Resource Consent Applications for Rotoiti existing lake structures to make a Notification determination. We understand this to be same approach as Tarawera’s Notifications. I.E:
* Structures with ‘Less than Minor adverse cultural effects’ = ‘Non Notified’, and 30 year consent granted with draft conditions to be sent out to applicants - similar conditions to the other Lakes.
* Structures with ‘Minor/More than minor adverse cultural effects’ = Limited Notified to TALT/Ngati Pikiao etc. They are likely to make submissions and a process to follow once received.
2. Ngāti Mākino asked for more time for their cultural input, but the Regional Council has committed to making decisions on these applications.
3. BoPRC sent a list of existing structures that did not have cultural assessments included in the Lake Rotoiti Cultural Mapping Report (approx. 30 structures) to TALT earlier this month and TALT are to provide an update on where they are at with these on Wednesday 1st Dec.
4. Not all Lake Rotoiti structure owners have returned their completed resource consent applications and associated landowner documents. These structure owners MUST make application, to be compliant.
5. BoPRC are also putting together a newsletter that will be sent to all subscribers prior to Christmas.
Please send any queries to BoPRC or LRCA.
DECEMBER UPDATE FROM BoPRC FOR LAKE STRUCTURE OWNERS
Is out now. It covers:
* Replacement Consent Project
* Lake Structure Consent Application charges
* Okere control gates
* Swimming around lake structures
* Rotorua Te Arawa Lakes Programme Purongo ā-tau
* Check, Clean and Dry pest campaign for boats ramps up this summer
Update November 2021
Urgent Action Required by Some Lake Structure Owners
LRCA provided a comprehensive update in October, and has sought a December update from BoPRC, and this will be published on our Website and Facebook page when received.
However one very important matter for some Existing Lake Structure owners has come to our attention. Apparently a few owners have NOT made application for a new Resource consent, which means their structure(s) are now unconsented.
They will not give us details of these cases for Privacy reasons.
If your family has not made application, perhaps after change of ownership, this should be rectified urgently in order to comply. There could be serious implications if this is not urgently remedied.
For guidance phone BoPRC or email LRCA.
Update October 2021
LRCA maintains regular contact with Bay of Plenty Regional Council relating to the applications of Resource Consents for existing lake structures, and has posted the resulting updates on our website.
In the most recent update prior to print deadline, the following information was provided by BoPRC in relation to Lake Rotoiti. In summary:
* The consenting team has now commenced working on Lake Rotoiti applications.
* They will draft a ‘notification’ recommendation, and will make notification decisions for every existing lake structure in one go
* Any applications that need to be notified will be, and the submission period for those will start
* Any applications that do not need to be notified will then be progressed with draft conditions going to applicants before final decisions are made
LRCA has been tracking the process that commenced with Lake Rotoma, Lake Rotorua, Lake Tarawera (and Lake Okareka).
LAKE ROTOMA
All structures (10 or so) were assessed ‘less than minor adverse effects,’ and were ‘non-notified’. They were issued with 30 year consents, with a review able to be conducted 5 yearly in the event that any adverse effects change and require attention. The term would not be affected by this.
LAKE ROTORUA
We understand nearly all structures at Lake Rotorua were processed similarly.
LAKE TARAWERA
‘significant adverse effects’ - there were a dozen or so Boatsheds at Kariri Point (Boatshed Bay) that were assessed with this category due to proximity to a culturally significant site. These were notified to Iwi, who made submissions to BoPRC, and a hearing before independent commissioners will be scheduled to consider the applications.
‘minor’ or ‘more than minor’ adverse effects - these structures were ‘limited notified’ to Te Arawa Lakes Trust and Tuhorangi Iwi. They made submissions and there is dialogue between BoPRC and TALT to attempt to establish mitigations that would enable these consents to be issued. Once BoPRC and TALT reach agreement, draft conditions are sent to the applicant for their consideration. We understand BoPRC favours 30 year consents. This seems sensible to avoid the significant burden and costs this significant process consumes. If agreement cannot be reached they would proceed to a hearing.
‘less than minor adverse effects’ - processed in same manner as Lake Rotoma and Lake Rotorua (i.e. 30 year term). We are not sure if the same review period as Lake Rotoma will apply.
LAKE ROTOITI
‘significant adverse effects’ There are no structures in this category in the Lake Rotoiti Cultural Mapping report
‘minor’ or ‘more than minor’ adverse effects – over 80% of Rotoiti structures are in this category – due to being within 100 meters of a similar structure, or 400 metres of a cultural site. It is likely these will be limited notified to TALT, Ngati Pikiao, Ngati Makino and other Iwi around the lake. They continue to chase Ngati Makino for their cultural input. BoPRC will then make a notification decision and engage in dialogue with them to discuss mitigations and conditions.
‘less than minor adverse effects’ – the balance will hopefully be processed on the same non-notified basis as the above lakes, with 30 year terms.
In anticipation of engagement with TALT and Lake Rotoiti IWI, LRCA has signalled to BoPRC that we would like to be included in discussions with these parties. We hope this will be agreed to. We have also requested a meeting with TALT to establish a beneficial working relationship.
We will keep you informed.Update August 2021
LRCA recently requested an update from BoPRC on progress with Rotoiti consent renewals. Despite lockdown we received a very prompt response that there is nothing to update, and Ngati Makino have not submitted a Cultural report yet.
Work continues on Tarawera consent applications.
A hearing is planned before a Planning Commissioner for the ‘significant adverse effects’ of some Kariri Point (Boatshed Bay) boatsheds. Some owners have instructed Counsel and engaged a planner to assist. We are not aware of any similar cases at Lake Rotoiti.
Lake Tarawera structures with ‘less than minor adverse cultural effects’ are currently being issued (for 30 years), similar to Rotoma and Rotorua. Draft conditions are sent to individual applicants as these applications are finalised. We hope the same will apply to Rotoiti consent applications in this category.
Work is underway on the Lake Tarawera ‘minor/more than minor adverse effects’ consent applications. The majority of Rotoiti consents are in these categories so LRCA is very interested in these cases, although there are some planning differences between ‘Lakes A’ (Tarawera/Okareka), and non-Lakes A (Rotoiti, Rotorua, Rotoma). Some of the additional information being obtained by BoP may not be necessary for Rotoiti.
In order to hopefully avoid disagreements down the track, LRCA has requested a meeting with Te Arawa Lakes Trust staff to discuss the consenting process for Rotoiti’s existing lake structures. TALT has agreed to meet once their workload of preparing for the Hearings for Kariri Point have diminished.
Update May 2021
BoPRC April 2021 Lake Structure Newsletter is Available Here
You can receive these newsletters direct from BoPRC by registering on Lake Structure section of the BoPRC website.
The main news for Rotoiti is that Regional Council is in the process of finalising the data to send to Ngāti Mākino to enable them to provide comments and feedback on lake structure applications within their rohe (territory or boundaries of iwi). This information is required to enable the processing of effected Rotoiti consents.
Also, we sent a request to Regional Council in mid May asking a number of detailed questions about the progress with the process being followed for Rotorua and Tarawera consents. Plus an official request for copies of sample documentation, particularly the submissions made by Te Arawa and other Iwi in relation to the ‘limited notified’ structures (those with ‘minor’ or ‘more than minor’ cultural effects). Plus any documentation relating to mitigation discussions. This information will help to prepare for the Lake Rotoiti consents process.
A request has been sent to Regional Council in mid May asking a number of detailed questions about the progress with the process being followed for Rotorua and Tarawera consents. Plus an official request for copies of sample documentation, particularly the submissions made by Te Arawa and other Iwi in relation to the ‘limited notified’ structures (those with ‘minor’ or ‘more than minor’ cultural effects). Plus any documentation relating to mitigation discussions. This information will help to prepare for the Lake Rotoiti consents process.
Update March 2021
In mid February LRCA sent the following questions to the BoPRC consenting team and received the responses in italics below.
1. Please update progress on Rotorua consents
Still Processing
2. Please update progress on Tarawera consents? Last time we spoke you had a meeting with Iwi planned. We are not sure if the Ratepayers association were involved. We are interested to know if that meeting progressed anything in relation to increasing non notified and reducing limited notification numbers etc, or if any other progress was achieved that would be helpful for Rotoiti interests to understand.
BOPRC met with TALT in November last year, TALT made no changes to the cultural assessments in the Lake Tarawera cultural mapping report and all lake structure applications with minor, more than minor or significant adverse effects assessments were Limited Notified to TALT (Te Arawa Lakes Trust), Tūhourangi, Ngāti Rangitihi, and Ngāti Raukawa. The submission period closed last week and the processing planner will work through the submissions received to decide whether there is benefit in the applicants and the submitters meeting to resolve issues and potentially avoid the need to go to a hearing.
3. Progress with Ngati Makino cultural assessment for Lake Rotoiti?
BOPRC is currently putting together lake structure data and information for Ngāti Mākino to enable them to provide comments and feedback.
Comment:
As previously advised, Rotoiti renewal applications will be considered after Tarawera, and after Ngati Makino feedback is received.
Consideration will be given to the best timing for LRCA arranging a meeting with TALT, (presumably along with Ngati Pikiao and Ngati Makino), to discuss the Rotoiti Cultural report. It will be useful to see how the Tarawera applications proceed now the submission deadline for the limited notification of structures assessed as minor; more than minor has passed.
We will advise members if we consider it advantageous for applicants to engage directly with BoPRC, and ultimately Iwi, in addition to through LRCA representatives.
LRCA Update December 2020
STOP PRESS BoPRC 21st December 2020 Lake Structure Newsletter Available Here
Our September update below noted the recent publishing of the TALT Cultural Mapping report for Lake Rotoiti and provided a link to it.
If you are a lake structure owner it is recommended you read this report and note the categorisation of your structure(s), identifiable by your geographic area/jetty number/resource consent number. Ngati Makino have not yet submitted their cultural mapping report, and its significance is therefore unknown.
Subsequent to this, a group of structure owners around the lake have been giving consideration to the report and the renewal process BoP has underway following TALT’s report. BoP are delegated by RLC, LINZ, DoC, F&G to front their respective interests as well as their own.
Of interest is that for the first lake processed, the small number of consents at Lake Rotoma were issued 30 year consent renewals. This is promising. On the other hand, there appear to be some differences in the Lake Rotoma and Lake Rotorua reports, compared to Rotoiti, over the categorisation of effects as being “less than minor’, “minor” or “more than minor”, which has implications for ‘notification’ by BoP and the possibility of a more complex renewal process for Rotoiti. Hopefully this may get resolved.
The group has raised with BoP that due to the work by Derek Nolan QC and a large number of submitters to the 2014 RLC District Plan review, they achieved ‘permitted activity’ status for existing lake structures in Lake Rotoiti (as well as Rotoma and Rotorua). This does not apply to ‘Lakes A’ zoned lakes at Tarawera and Okareka. Consequently, BOP has been asked to clarify for the group what cultural or other effects are relevant to BOP’s functions for the renewals, given the permitted activity status achieved with RLC. There must be some distinction between the two groups of lakes. This will be further discussed with BoP, before meaningful dialogue is undertaken with TALT, with whom all lake structure owners would desire to maintain trusted and enduring relationships.
Lake structure owners can direct concerns to LRCA if they wish. LRCA will continue to update members, and this will no doubt be raised at the AGM. Don’t miss it!
LRCA Update September 2020
The Te Arawa Lakes Trust cultural mapping report for Lake Rotoiti is now available.
Te Arawa Lakes Trust (TALT) have been coordinating a cultural mapping process on behalf dozens of hapū groups who understand the potential cultural effects of the existing lake structures. The reports look at the cultural values, interests and associations with an area or a resource held by those hapū groups and the impacts of activities (in this case lake structures) on these.
Through this process, TALT have been able to identify areas of historical significance including urupā, pā, papakāinga (villages), battle sites, ceremonial areas, māra kai (cultivation sites) like kūmara pits, tau kōura, traditional waka mooring and launching areas, bathing pools and puna (springs). These areas need to be recognised and potentially protected.
The cultural mapping report for Lake Rotoiti is now complete and you can view this here.
LRCA is investigating the impact of the cultural mapping reports with BoPRC and should have more information to update in the next email update.
LRCA Update April 2020
Because of the Covid-19 Lockdown there will be delays. This means that applications for existing structures are on hold and therefore applicants can continue to operate under their existing consent. If you have any questions regarding this please contact Consents Officer Sherryn Owen at sherryn.owen@boprc.govt.nz or on 027 705 8639.
Information packs have been sent to 94% of Rotoiti Consent holders and 79% have been returned.
See BoPRC Lake Structure Update Apr 2020 for more information.
LRCA Update March 2020
Cultural Mapping
Latest advice from BoPRC on the cultural mapping report for Lake Rotoiti is that:
a. The final cultural mapping report for Lake Rotoiti has now been received and a redacted version will be provided in due course. This report does not however include consultation with Ngāti Mākino as they want to undertake consultation independently. BoPRC will be meeting with Ngāti Mākino in the next few weeks to discuss this process.
b. The lake structure owners have agreed via the resource consent application process to their applications going on hold while BoPRC work though the cultural mapping process and work with the other agencies on their behalf. BoPRC are currently still processing applications for Lake Rotorua and will then be moving onto non-notified applications for Lakes Ōkāreka and Lake Tarawera.
c. Lake Structures on Lakes Tarawera and Lake Ōkāreka that have been assessed in the cultural mapping reports as having minor or more than minor adverse cultural effects will be going through a limited notification process and BoPRC are once again doing this in bulk (BoPRC need to ensure that applicants are given a reasonable timeframe to return their applications if they have not done so already). The same process is likely to apply to Lake Rotoiti lake structure applicants. Because lake structure owners have agreed to their applications being placed on hold and they are able to continue to use their lake structures BoPRC are not providing firm processing time-lines but it is likely that Lake Rotoiti applications will be processed later on in the year.
Retaining and Erosion Protection Walls
In cases where BoPRC are aware of existence of an unconsented retaining wall, they have included reference to this in their covering letter of the replacement pack sent to consent holders. Essentially they offer the opportunity for the ELS consent holder to include this structure with their jetty structure consent. Although it is for the consent holder to determine, the advantage of this would appear to be one single RC for all ELS (including any boat ramp if applicable), taking advantage of the simplified process instead of the full RC process, and to not be charged a full new consent application fee. An Engineers report is required at owners cost. If deficiencies are identified, remediation will be addressed in the consent conditions. LRCA assumes that consent holders can raise this matter with BoPRC if they have missed any unconsented structure.
Follow this link to BoPRC website for guidelines on resource consents for Existing Retaining and Erosion Protection walls. In particular, the preference for rock rather than timber or concrete material in future walls is explained.
Department of Conservation (DoC) Reserves
Members may not be aware of the existence of DoC scenic reserves, in some north western lake edges. DoC provided this information on behalf of the Lake Rotoiti Reserve Board, who jointly administer these reserves since gifted to the Crown for public enjoyment in 1919. Reserves fact sheet here.
Useful Background Information
Bay of Plenty Regional Council (BoPRC) website.
All you need to know about Lake Structure Consents.
BoPRC Lake Structure Consents home page
Subscribe to BoPRC lake structure newsletters
BoPRC Lake Structure Update Apr 2020
BoPRC Lake Structure Update Oct 2019
LRCA Newsletters