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Lake News

Important Information Regarding
the Renewal of Expiring Resource Consents for
Existing Lake Structures in Lake Rotoiti – 31/5/2017

EXECUTIVE SUMMARY

  1. LRCA appointed a sub committee to review this matter following a motion to that effect at 2017 AGM.
  2. LRCA and Derek Nolan QC have worked extensively with BoP Regional Council (BoPRC) striving to simplify the renewal process for Resource Consents (RC) for Existing Lake Structures (ELS – existed prior to Te Arawa Lakes settlement). RC are still required for the ‘in water’ part.
  3. BoPRC now acknowledge that a RC is not required for the ‘above water’ part, due to Rotorua Lakes Council’s (RLC) permitted activity status under their District Plan.
  4. Owners of ELS with RC’s due to expire imminently will shortly receive ‘Packs’ from BoPRC explaining the process, and enclosing Application form. Owners with later expiry dates will be sent packs nearer that time.
  5. RC can be issued for 35 years, but BoPRC indicate 30 year term will apply, which is very pleasing, but owners should ask for 35 years anyway.
  6. Owners just renewing RC for an unchanged ELS should ignore any reference to the new structure or extension process, a lease with Te Arawa Lakes Trust (TALT) , and Engineering report requirement, as that only applies for new structures or for proposed changes to ELS.
  7. Completed renewal forms and $774 deposit fee should be sent to BoPRC within 6 weeks of receipt of pack. Existing RC will remain in force if sent within that time if you agree to extend the time for issuing the consent. We recommend you do agree.
  8. Total fees should not exceed $1500. We hope that is conservative estimate.
  9. BoPRC has initiated a Cultural Assessment review by TALT and their Hapu. LRCA recommends members pay the $50 fee to contribute to this report rather than obtain their own report.
  10. BoPRC will be including a Lease document from Land Information NZ (LINZ) that needs to be signed and returned with the other documents. This replaces the current Right to Occupy licence for permission for your Lake Structure to occupy air column, water and lake bed strata. We hope LINZ does not charge a lease rental. LRCA has lobbied to extend their indicated term of 10 years to match the 30 or 35 term of RC and are awaiting a response, but probably unlikely to succeed.
  11. Owners with ELS on DoC (Department of Conservation) land will be sent a Lease for signing (may be a joint lease Linz and DoC) and returning, we have requested a copy of their draft. They advise the lease will be for 10 year term, and will not consider longer period. No application or annual fee.
  12. Owners with ELS on Rotorua Lakes Council (RLC) esplanade reserve will need to sign a new RTO (Right to Occupy) with RLC. They too are only providing a 10 year term, with no application fee, but will continue to charge $100 + GST annual fee. The RTO will be included in the pack from BoPRC.

DETAILED UPDATE (for members interested in more information)

Members who attended the LRCA 2017 AGM will recall discussion about RC for ELS – jetties, boat ramps, moorings, retaining walls etc at Lake Rotoiti. Confusion existed about the  BoPRC intended process and uncertainty of outcome for renewal of RC that expire between 2017   and early 2020’s for ELS (450 in total on Lake Rotoiti by counting on the BoPRC mapping site, of which well over a quarter expire from 31/5/17 and the next few months). Roy Duffy moved that a sub-committee research and review the matter. That exercise has been undertaken. We now have a comprehensive and accurate record of the historical documentation that followed the Te Arawa Lakes settlement relating to ELS.

We have also reviewed the BoPRC website relating to renewal of RC for lake structures, and Derek Nolan QC has kindly provided clarity relating to the Resource Management Act (RMA).

In parallel with this significant LRCA exercise, Derek has engaged with BoPRC, and made some significant recommendations on how they should correct and simplify their renewal process, and how to improve their documentation. We have also had discussions with LINZ, DoC and RLC.

This engagement has resulted in significant improvement and simplification to the RC renewal process compared to the original version. In essence the following has been achieved.

  1. BoPRC now acknowledge that RC are no longer required under s9 of the RMA for the ‘above water’ parts of ELS as they are a permitted activity under the RLC District Plan. This is due to the success Derek achieved following his and LRCA members’ submissions to RLC in 2014. However under s13 of RMA, RC through BoPRC are still required for the ‘in water’ parts. Existing Use Rights do not apply for Regional Council planning.
  2. As a consequence we have supported the stated BoPRC goal of achieving a simple process, and our input has helped with that.
  3. A number of existing RCs expire on 31 May 2017 and on 20 and 30 June, and 30 September 2017, and progressively through to the early 2020’s. Some owners may have already initiated renewal.
  4. BoPRC Process:
    • BoPRC is the delegated authority for both District and Regional Council responsibilities, and is also acting on behalf of LINZ and DoC, and RLC in relation to their interests.
    • Owners need to complete documentation and return within 6 weeks of receipt of packs, with payment of deposit fee of $774.00.
    • RC applications should be processed within 20 days, but BoPRC is planning to process applications in batches lake by lake, and you will be asked to agree to extend that period, subject to their commitment that your RC remains in force during that time. We recommend you agree to this. They intend this approach to also mitigate total fee cost. They estimate the total fee to be around $1,500. We have expressed concern over that level of fee. Hopefully it is a conservative estimate. They have pointed out that fees will inevitably be higher for some structures that are non-compliant.
    • BoPRC have initiated Cultural Assessment with TALT and local Hapu if you agree to contribute $50 towards that report, you will NOT have to arrange your own Cultural assessment report. LRCA RECOMMENDS that you pay the $50 with your deposit fee
    • RC can be issued for 35 years, but they intend to grant 30 year terms. This is a very good outcome, however we suggest owners specifically apply for 35 term.
    • BoPRC will include in the pack on behalf of LINZ the necessary licence (currently in the form of Right to Occupy – RTO), for the part of ELS that are in the air space stratum, water stratum, and lake bed. TALT were not granted these strata in the case of existing lake structures at the time of the Treaty Settlement.
    • LINZ now require a Lease contract not the current RTO. We are awaiting a response to submissions we made to LINZ in relation to some elements of the draft lease. For instance they show a 10 year term, which means two extension applications during the life of a 30 year RC. We have lobbied for a 35 year term. We are not sure if LINZ will charge a rental for their lease, hopefully not, although they do charge a rent for New Lake Structures along with TALT
  5. DoC – If any Rotoiti owners have ELS on DoC land, they will require a new Lease not a RTO. DoC advise it will be for 10 years, and there will be no application fee or annual fee.
  1. RLC – There are some sections on the lake where ELS sit on RLC Esplanade reserve strips on the lake edge. Those owners currently have a RTO with RLC, and the terms require application for renewal prior to expiry of the RTO. We are writing to them saying owners with RTO’s expiring soon cannot meet that requirement, and seeking comfort there will be no penalty. They too are only providing a 10 year term, with no application fee, but will continue to charge $100 + GST annual fee.

SIMPLE PROCESS

When you receive a pack from BoPRC for renewal of an ELS then you should just be able to complete those documents and need not refer to anything else. Plus pay the deposit fee and Cultural report fee on-line or by cheque, and return documentation within 6 weeks. That is the benefit of the streamlined approach we have helped to achieve.

NEW STRUCTURES/CHANGE TO EXISTING STRUCTURES

Our exercise has not included the process for ‘New Lake Structures/changing ELS’ that requires the need for Leases with TALT and LINZ, engineering reports, and paying a lease rental. These requirements DO NOT apply for renewing RC for ELS that are not being changed (size, footprint etc.).

We have requested BoPRC to remove any confusion between the 2 processes. In their documentation.

BOPRC do expressly state that ‘unconsented existing structures’ require the new lake structure process.

WEBSITE

If you wish to look at the BoPRC website, we suggest you do a Google Search under “BoPRC Resource Consents lake structures” and this will take you to their new page. Various links take you to additional information.

If you do not know when your consent/s expire, here is a way to find that information:

  • From the web page above, on Quick Links, click on ‘Resource Consent Process’
  • on ‘Resource consent quick links’, click on ‘Consents Mapping’ 
  • Click on ‘go to the Regional Mapping’ page
  • Open ‘BoP maps’ site
  • Scroll down to bottom Right corner, click on page 2
  • Click on ‘Consents’ icon
  • Map for whole region will open. Put cursor on Rotoiti and click multiple times to enlarge, or use + button.
  • When zoomed right in showing your part of the lake, with section boundaries and street numbers, you will be able to find your section and click on the adjacent bubble that indicates current consent for Jetty/ramp/ mooring/wall/stairs etc.
  • Click on ‘more information’ and the detail will expand to show various information about your consent, particularly expiry date, and whether in the correct name. Enjoy!!
  • By our count, there are circa 450 RC’s around Rotoiti for lake structures (jetties, ramps, moorings, walls, steps, stairs).

We wish to express our sincere gratitude once again to Derek Nolan QC. Our task would have been much more difficult without his expertise, and the work his professional planner undertook.

This is once again a demonstration of the value LRCA delivers to its members. Please encourage non-members to join!

Hilary Prior
Chairperson  

and Roy Duffy
Sub Committee 

31/5/2017