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.
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.
* 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.
* 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).
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.
We understand nearly all structures at Lake Rotorua were processed similarly.
‘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.
‘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
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
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.
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
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.
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 firstname.lastname@example.org 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
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.