District Plan Hauraki Gulf Islands Section - Proposed 2006
(Notified version 2006)
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Part 7 Heritage
7.1 Introduction
7.2 Resource management issues
7.3 Objectives and policies
7.4 Resource management strategy
7.5 Roles and responsibilities
7.6 Notification requirements for restricted discretionary activities
7.7 Types of heritage items
7.8 Archaeological sites
7.9 Buildings, objects, properties and places of special value
7.10 Conservation areas
7.11 Ecological sites
7.12 Geological items
7.13 Maori heritage
7.14 Trees
7.15 Interpretations and definitions
7.16 Glossary of Maori terms
7.17 Additional information about heritage
7.1 Introduction
The islands have a rich legacy of widely appreciated
heritage resources, both natural and physical. The council has a responsibility
to recognise and provide for these heritage resources for the experience
and enjoyment of current and future generations. It also has a duty
to preserve the intrinsic values and finite characteristics of these
heritage resources from activities that may have an adverse effect on
them and their values. These resources cover a wide spectrum - from
sites of ecological significance, heritage buildings and geological
features to sites of high archaeological value. The Plan addresses the
heritage conservation and protection issues principally by detailed
investigation, accurate identification and regulatory protection through
scheduling.
7.2 Resource management
issues
Heritage resources are an essential part of the cultural
values of the islands. They serve to link successive generations. Their
retention adds to the cultural experience and is part of an essential
framework that helps inspire and bind the community. Heritage resources
help create a sense of place, engender a sense of belonging and their
retention can also promote economic benefits.
Considerable heritage resources are located within the
islands. As a matter of national importance the council is required
to recognise and provide for them. The purpose of protecting heritage
resources in the Plan is to recognise associated heritage values, manage
the effects of land use on heritage and to encourage protection of these
values through appropriate techniques.
The Plan must therefore provide for the protection of
a number of heritage resources. To achieve this the Plan must, within
the broad purpose of the RMA:
-
identify and evaluate those heritage resources
worthy of preservation, and
-
adopt suitable measures to secure the
preservation of the identified heritage resources.
Heritage resources can be put into three broad groupings
- natural, cultural and scientific resources. This is illustrated in
figure 7.1. There is some overlap between the groupings.

7.2.1 Natural resources
The islands are appreciated for their unique natural
qualities which contribute to their regional, national and international
significance. These qualities include ecologically significant sites
for both flora and fauna, individual and groups of trees and the remnants
of past volcanic activity. Many of these natural resources have been
depleted by a variety of land uses, especially in the inner islands.
In order that these unique natural resources are maintained for the
benefit of present and future generations, they must be adequately and
appropriately protected. In doing so a balance must be struck between
the need for total protection and the economic and social needs of the
islands' communities.
Principal issue
How to ensure that ecologically significant sites and
notable trees which have been depleted by a variety of land uses will
be adequately protected by the Plan.
7.2.2 Cultural
resources
7.2.2.1 Heritage
sites
There are significant Maori and European archaeological
and Maori heritage sites in the islands. Many of these have not been
accurately identified in the past in previous planning documents. Also,
surface evidence may be obscure, or absent and many sites are fragile
and susceptible to damage. Heritage sites have therefore been at risk
due to poor identification, lack of awareness by property owners that
their properties may contain heritage resources and their fragile nature.
This means that they may be inadvertently damaged or destroyed.
Principal issue
How to ensure that where the preservation of cultural
resources can be ensured and disclosure will not put the items at risk,
that they are adequately protected through the Plan.
7.2.2.2 Heritage
buildings, objects, properties and places of special value
There are a limited number of heritage buildings, objects,
properties and places in the islands. However, those that remain are
an important cultural link to the past and provide a unique, non renewable
resource that should be protected and conserved for present and future
generations. Most heritage buildings or objects are in private ownership.
The susceptibility to change through neglect, decay or their partial
or total destruction means these heritage resources are at risk.
Principal issue
How to provide mechanisms in the Plan to encourage and
promote the conservation of identified heritage resources, while avoiding
the diminution or loss of the resource.
7.2.3 Scientific
resources
The islands abound with a rich variety of geological
and archaeological features. Many of these have particular scientific
and educational value. As such, they can provide important scientific
and educational information for future generations. Scientific resources
have been at risk due to poor identification, lack of awareness by property
owners that their properties may contain heritage resources and their
fragile nature. This means that some of these scientific resources may
be inadvertently damaged or destroyed.
Principal issue
How to ensure that scientific heritage resources are
adequately protected by the Plan.
7.3 Objective
To recognise and protect heritage resources of natural,
cultural and scientific value.
Policies
- By identifying, assessing and scheduling
significant heritage resources in the Plan.
- By controlling the use and development
of natural and physical resources in a manner that preserves and protects
the scheduled heritage resource, and its scheduled site surrounds.
7.4 Resource management
strategy
The principal strategy is to systematically identify,
evaluate and protect significant heritage resources, predominantly by
scheduling them.
7.4.1 Scheduling
As part of its role in the preservation, protection
and conservation of its valued features in the islands' environment,
the Plan identifies certain natural, cultural and scientific resources
as being significant and worthy of protection. These items are listed
in appendix 1 - Heritage schedules for the inner islands and
appendix 2 - Heritage schedules for the outer islands.
7.4.2 Other heritage
protection methods
The council uses other methods for maintenance and protection
of its heritage resource, such as subdivisions which protect significant
environmental features, heritage orders, education, advocacy, economic
incentives and land acquisition. It is noted that the rules are focussed
on sites and features that have been identified, assessed and scheduled.
There may be other sites and features which are not known to council
but which are identified under a particular land use proposal and are
deserving of consideration under the RMA. The extent to which such sites
and features may be relevant will depend on the nature of any proposed
land use and any resource consent that may be required for that land
use.
7.4.3 Subdivision
Part 12 - Subdivision controls the subdivision of sites
that contain heritage features. It is also noted that within particular
land units the council may consent to subdivision of land to create
lots that will protect significant environment features. This approach
is also outlined in part 12 - Subdivision.
7.4.4 Heritage
assessments
At the time of notification of the Plan it was not possible
to identify and assess the heritage items for all the islands. Therefore
no new heritage items have been identified for the following:
- All the outer islands
- Inner islands
- Archaeology - Ponui, Motuihe, Pakihi,
Rangitoto, Motutapu, the Noises and Browns Island (Motukorea) and Karamuramu.
- Buildings, objects, properties and places
- Ponui, Pakihi, Motuihe, Browns Island (Motukorea), Motutapu, Pakatoa
and Karamuramu.
- Ecology - Ponui, Pakihi and Karamuramu.
- Geology - Ponui, Pakihi, Motutapu, the
Noises and Karamuramu.
- Trees - Pakatoa, Ponui, Pakihi, Motuihe,
Browns Island (Motukorea), Rangitoto, Motutapu, Rakino, the Noises and
Karamuramu.
Any heritage items on these islands which were scheduled
in the previous district plan have been carried over without further
detailed evaluation.
A variation or plan change will be introduced to the
Plan so that additional heritage resources on these islands will be
recognised and protected in the future. As noted in clause 7.13 no Maori
heritage sites have been identified.
7.5 Roles and
responsibilities
Section 6 of the RMA states the matters of national
importance that must be recognised and provided for by all persons exercising
functions and powers under the RMA. These matters of national importance
have considerable significance in relation to heritage issues and provide
direction on heritage protection. The council is also a heritage protection
authority under section 187 of the RMA and under the Reserves Act 1977,
as is the ARC.
Some heritage resources, particularly geological features,
are located below mean high water springs and therefore fall within
the ARC's authority. Some of the heritage diagrams in appendix 1 - Heritage
schedules for the inner islands and appendix 2 - Heritage schedules
for the outer islands may include part of the item which extends below
mean high water springs and is therefore outside the jurisdiction for
which this Plan applies. Any areas below mean high water springs are
indicative only and are shown for information purposes only.
The role of the New Zealand Historic Places Trust relates
to the recognition, protection and promotion of New Zealand's historic
and cultural heritage. Their role is outlined in the Historic Places
Act 1993.
The Department of Conservation is primarily responsible
for managing the natural heritage resources located within the crown
owned estate under the Conservation Act 1987, the Reserves Act 1977
and Wildlife Act 1953. Significant parts of the islands are located
within the conservation estate administered by DOC. DOC also has roles
and responsibilities for heritage resources located within the coastal
marine area.
The appendices of scheduled items include some areas
within the DOC estate. This scheduling in the Plan does not seek to
supplant the role of DOC as a consent authority for these areas. Instead
it establishes a coherent, comparative level of evaluation of these
items in exactly the same manner as occurs for heritage items outside
DOC estate.
7.6 Notification
requirements for restricted discretionary activities
Within this part of the Plan, except as provided for
by section 94C(2) of the RMA, applications for a resource consent for
restricted discretionary activities will be considered without public
notification or the need to obtain written approval of or serve notice
on affected persons (in accordance with section 94D(2) and (3) of the
RMA).
7.7 Types of heritage
items
The specific provisions for each of the heritage types
are set out in separate topics in this part of the Plan as follows:
- archaeological sites
- buildings, objects, properties and places
of special value
- conservation areas
- ecologically significant sites
- geological items
- Maori heritage sites
- trees.
7.8 Archaeological
sites
The archaeological heritage of the islands comprises
an underlying and often invisible record of past human activity. Archaeological
sites are a fragile cultural resource containing scientific, cultural
or historic evidence of the exploration, occupation, settlement and
development of this area by indigenous and early European peoples.
Archaeological sites are characterised by the presence
of physical remains, evidence or structures and modified landscapes
and, by definition, include surface and subsurface components. However,
surface evidence on such sites may be obscure, or absent.
The Plan identifies particular sites that are considered
to be significant and worthy of preservation and their protection will
assist council in achieving the purpose of the RMA.
7.8.1 The archaeological
provisions of the Historic Places Act
An archaeological site is defined under the Historic Places Act 1993 as a
place associated with human activity that occurred before 1900, or may be able
through investigation by archaeological methods to provide evidence relating to
the history of New Zealand. Not all archaeological sites within the islands have
been scheduled in the Plan. All known archaeological sites were evaluated
against the criteria as outlined in clause 7.8.4. However only those sites that
have sufficient heritage value to warrant scheduling have been protected
in the Plan. Notwithstanding this, those archaeological sites that did
not have sufficient heritage value to warrant scheduling in the Plan
are still protected by the provisions of the Historic Places Act 1993.
The council intends to produce a document containing information about
known archaeological sites in the inner islands which have not been
scheduled in the Plan.
7.8.2 Issue
How to ensure that the archaeological heritage of the
islands which has important scientific, cultural or historic value is
adequately protected by the Plan.
7.8.3 Objective
To protect significant archaeological sites which contribute
to the islands’ heritage, knowledge and appreciation of the past.
Policies
- By identifying and scheduling archaeological
sites significant for their historic, cultural, scientific and visual
amenity value.
- By retaining scheduled archaeological
sites which contribute to the historic, cultural, scientific and visual
amenity values of the islands.
- By ensuring that land use and development
does not result in the damage or destruction of scheduled archaeological
sites and their scheduled site surrounds.
- By avoiding a reduction in the heritage
values associated with scheduled archaeological sites and their scheduled
site surrounds.
7.8.4 Criteria
for scheduling archaeological sites
To determine whether an archaeological site is worthy
of protection in the Plan, it has been assessed and evaluated against
the criteria for scheduling archaeological sites listed in
appendix
4 - Criteria for scheduling heritage items:
The evaluation criteria are also used to determine whether
a site is a category A, or category B item.
7.8.4.1 Category
A
These are extremely valuable archaeological sites that,
when assessed against the relevant criteria, were considered to have
heritage significance beyond their immediate surrounds. Their loss or
degradation would be unacceptable in terms of achieving the purpose
of the RMA. These sites therefore need to be preserved.
7.8.4.2 Category
B
Although these sites are considered to be less significant
than category A sites, it is still important for the features to be
protected from inappropriate use and development, having regard to the
effect of a proposal on the heritage values of the scheduled item, and
the applicant’s objectives and reasons for the proposed use or
development. Therefore, the partial loss or modification of category
B sites may be acceptable where there is no alternative and everything
has been done to avoid, remedy or mitigate any adverse effects.
7.8.5 Rules for
archaeological sites
The rules for the archaeological sites with a category
A rating are outlined in table 7.1. The rules for category B sites are
in table 7.2.
To use these tables it is necessary to know the management
group type for the site, as well as whether it is category A or B. That
information can be found in appendix 1a - Schedule of archaeological
sites - inner islands and appendix 2a - Schedule of archaeological sites
- outer islands.
Management group types
In the tables below, columns A-F indicate the following
management group types:
A = Archaeological earthworks - large scale
Pa and large settlement sites with complex and
varied features which could include ditches banks, terraces, pits botanical
sites and midden capable of contributing significantly to our regional
history
B = Archaeological earthworks - small scale
Smaller settlement sites with a varied array
of features which could include terraces, pits, botanical sites and
midden capable of contributing to our regional history
C = Buildings and other structures
Sites which include the remains of buildings
and other structures on the land which could include stone features
or the remains of historical industries such as mine adits
D = Burials
Burial grounds, including demarcated cemeteries,
urupa and individual burials
E = Archaeological deposits
Deposits of food, cooking debris, or deposition
of artefacts associated with settlement or use of landscape (includes
midden, stone working floors)
F = Maritime
Sites with the remains relating to New Zealand's
maritime past. Sites are generally partly or completely within water
ways
Table 7.1: Activity table for category
A scheduled archaeological sites
| Activities |
Management
group type |
| A |
B |
C |
D |
E |
F |
| 1. Erecting buildings or structures,
or planting vegetation that will obstruct views of scheduled features
within a scheduled site surround |
RD |
RD |
RD |
RD |
RD |
n/a |
| 2. All and any earthworks
|
D |
D |
RD |
D |
D |
RD |
| 3. External alterations or additions
to existing buildings and the construction and/or relocation of new
buildings |
D |
D |
D |
D |
D |
D |
| 4. Roading construction or modification |
D |
D |
D |
D |
D |
n/a |
| 5. Footpath construction or modification |
RD |
RD |
RD |
RD |
RD |
n/a |
| 6. Construction of fences or walls
other than post and wire fences |
D |
D |
D |
D |
RD |
n/a |
| 7. Construction of post and wire
fences
|
RD |
RD |
RD |
RD |
RD |
n/a |
| 8. Construction, replacement or
upgrading of utility services by trenching, underground thrusting or
directional drilling |
RD |
RD |
RD |
RD |
RD |
RD |
| 9. Planting any vegetation on
the scheduled site
|
RD |
RD |
RD |
RD |
RD |
n/a |
| 10. Archaeological investigation
|
RD |
RD |
RD |
RD |
RD |
RD |
| 11. Grazing by heavy animals -
ie cattle, horses |
Pr |
Pr |
RD |
RD |
Pr |
n/a |
| 12. Grazing by light animals -
ie sheep |
P |
P |
P |
P |
P |
n/a |
| 13. Works or activities within
the scheduled site surrounds |
RD |
RD |
RD |
RD |
RD |
RD |
Legend:
P = Permitted
RD = Restricted discretionary
D = Discretionary
Pr = Prohibited
n/a = Not applicable
Notes:
- The management group types listed above
describe the various features that may be present on an archaeological
site. Some archaeological sites may have two or more management group
types present. When this occurs the more restrictive provisions will
apply.
- See clause 7.6 for notification
requirements for restricted discretionary activities.
Table 7.2: Activity table for category
B scheduled archaeological sites
| Activities |
Management
group type |
| A |
B |
C |
D |
E |
F |
| 1. Erecting buildings or structures,
or planting vegetation that will obstruct views of scheduled features
within a scheduled site surround |
RD |
RD |
RD |
RD |
RD |
n/a |
| 2. All and any earthworks |
RD |
RD |
RD |
D |
RD |
RD |
| 3. External alterations and additions
to existing buildings and the construction and/or relocation of new
buildings |
RD |
RD |
D |
RD |
D |
RD |
| 4. Roading construction and modification |
RD |
RD |
RD |
RD |
RD |
n/a |
| 5. Footpath construction or modifications |
RD |
RD |
RD |
RD |
RD |
n/a |
| 6. Construction of post or walls
other than post and wire fences |
D |
D |
RD |
D |
RD |
n/a |
| 7. Construction of post and wire
fences |
RD |
RD |
RD |
RD |
RD |
n/a |
| 8. Construction, replacement or
upgrading of utility services by trenching, underground thrusting or
directional drilling |
RD |
RD |
RD |
RD |
RD |
RD |
| 9. Planting any vegetation on
the scheduled site |
RD |
RD |
RD |
RD |
RD |
n/a |
| 10. Archaeological investigation |
RD |
RD |
RD |
RD |
RD |
RD |
| 11. Grazing by heavy animals -
ie cattle; horses |
NC |
NC |
RD |
RD |
Pr |
n/a |
| 12. Grazing by light animals -
ie sheep |
P |
P |
P |
P |
P |
n/a |
| 13. Works or activities within
the scheduled site surrounds |
RD |
RD |
RD |
RD |
RD |
RD |
Legend:
P = Permitted
RD = Restricted discretionary
D = Discretionary
NC = Non-complying
Pr = Prohibited
n/a = Not applicable
Notes:
- The management group types listed above
describe the various features that may be present on an archaeological
site. Some archaeological sites may have two or more management group
types present. When this occurs the more restrictive provisions will
apply.
- See clause 7.6 for notification
requirements for restricted discretionary activities.
7.8.6 Matters
of discretion for restricted discretionary activities
The council has restricted its discretion for restricted
discretionary activities to considering the following matters:
- The extent to which the application is
consistent with objectives and policies for archaeological sites, and
the overall heritage objectives.
- An archaeologist's assessment, including
the effect on the archaeological values of the site and the values for
which the site has been scheduled.
- Whether the modification is necessary,
and any alternative methods and location available to the applicant
for carrying out the work or activities.
- Whether there is sufficient time
and expertise to record the features to be modified.
- The provisions of any relevant management
plan or conservation plan relating to the site.
- The extent to which the application
is consistent with the provisions of the ICOMOS NZ charter for the protection
and management of the archaeological heritage (1990), where appropriate.
This criterion includes references to associated documents, with the
exception that the reference to the Venice Charter 1966 shall be substituted
by equivalent reference to the ICOMOS NZ charter for the conservation
of places of cultural heritage value (refer appendix 5).
7.9 Buildings,
objects, properties and places of special value
The heritage buildings, objects, properties and places
of special value in the islands are an important cultural link with
the past. They are a unique, non-renewable resource that should be protected
and preserved for present and future generations.
As part of its role in the preservation, protection
and conservation of valued heritage items in the islands' physical environment,
the Plan identifies and protects certain individual buildings, objects,
properties and places of special value worthy of protection in the public
interest.
7.9.1 Issue
How to prevent the potential loss of heritage buildings,
objects, properties and places of special value which make an important
contribution to the heritage of the islands.
7.9.2 Objective
To systematically recognise and protect buildings, objects,
properties and places of special value valued as part of the islands’
heritage.
Policies
- By identifying, evaluating and scheduling
buildings, objects, properties and places of special value that have
heritage significance.
- By avoiding the substantial demolition
of scheduled buildings, objects, properties and places of special value.
- By avoiding any modification of
scheduled buildings, objects, properties and places of special value
that detracts from the heritage values for which the item is scheduled.
- By ensuring that land use and development
does not detract from the values, or result in the damage or destruction
of scheduled buildings, objects, properties or places of special value
and their scheduled site surrounds.
- By providing for the reuse of scheduled
buildings, objects, properties and places of special value while ensuring
that the heritage values and features for which they are scheduled are
not impaired or destroyed.
- By controlling activities and works
in defined areas surrounding scheduled buildings, objects, properties
or places of special value to ensure that they do not detract from the
heritage values for which the item is scheduled.
7.9.3 Criteria
for evaluating buildings, objects, properties and places of special
value
To determine whether a building, object, property or
place of special value is worthy of protection in the Plan, potential
items have been evaluated against the criteria listed in appendix 4
- Criteria for scheduling heritage items.
The evaluation criteria are also used to determine whether
a building, object, property or place of special value is a category
A or B item.
7.9.3.1 Category
A
This category includes heritage buildings, objects,
properties or places of special value (or parts of these) which have
architectural, historical and social significance well beyond their
immediate environs. It is important that items listed in category A
are protected from total or substantial demolition. Lesser work may
be carried out as a discretionary activity subject to criteria. Category
A classification gives protection to the interior and exterior of the
building, object or place together with the site on which it is located,
as noted in appendix 1b - Schedule of buildings, objects, properties
and places of special value - inner islands or appendix 2b - Schedule
of buildings, objects, properties and places of special value - outer
islands. The total demolition of category A heritage items is a prohibited
activity in the Plan. Category A items are expected to survive without
significant or damaging visible changes.
7.9.3.2 Category
B
This category includes heritage buildings, objects,
properties or places of special value (or parts of these) of such quality
and character that, although less significant than category A items,
they should not be removed, damaged or altered unless there is a sound
and proper reason having regard to the effect of the proposal on the
heritage values of the scheduled item and the applicant's objectives
and reasons for the proposal. A category B classification gives Plan
protection to the exterior of the building or object together with such
other elements (eg interior, site), as are particularly specified in
the schedule.
7.9.4 Rules for
buildings, objects, properties, and places of special value
7.9.4.1 Permitted
activities
The following activities are permitted in relation to
any category A and B scheduled buildings, objects, properties or places
of special value.
- Any of the following works undertaken
with similar materials and appearance (including colours) to when the
scheduled item was established:
- redecoration
- maintenance
- repair.
- Any change of use otherwise permitted
on the site.
- In relation to scheduled site surrounds,
routine maintenance including all normal work required to use, maintain,
and enjoy existing garden or landscape features or structures and to
make minimal modifications or additions to these features or structures
(but excluding substantial new structures, buildings or excavations).
- In relation to a scheduled interior,
routine maintenance including all normal work required to use, maintain
and enjoy the existing fittings, decoration, trim, surfaces, materials
or structures and to make minimal modifications or additions to these
(excluding demolition or substantial new work).
7.9.4.2 Discretionary
activities
The following are discretionary activities:
- Any alteration or modification to a category
A item, where the work does not amount to substantial demolition as
defined in clause 7.9.4.3.
- The destruction, removal, addition
to, alteration of, modification to, or damage to any part of a category
B scheduled building, object, property or place of special value unless
otherwise provided for as a permitted activity.
- Any use or work within the site
surrounds, unless otherwise provided for as a permitted activity. This
includes:
- Positioning, constructing or raising
any structure above or below the ground.
- Earthworks
- exceeding a total volume of 10m3,
or
- affecting a surface area greater
than 10m2
on any one site or in any one earthworks operation.
7.9.4.3 Non-complying
activities
The following are non-complying activities:
- The substantial demolition of a category
A item.
In this rule, the matters to be taken into account
when considering whether proposed demolition constitutes "substantial
demolition" include (but are not limited to):
- The size of the part of the item which
is to be demolished.
- The relative proportion of the part
of the item which is to be demolished, compared to the item as a whole.
- The significance of the part of
the item which is to be demolished and as identified in an approved
heritage assessment or conservation plan. Demolition or removal of elements
of exceptional significance is prohibited.
- The effect that demolishing part
of the item will have on the nature and character of the item as a whole.
- Any proposal which would result
in the category A item being re-scored below the category A threshold.
This rule does not apply to the site surrounds (including
buildings or structures in the site surrounds) of scheduled buildings.
7.9.4.4 Prohibited
activities
The total demolition of a category A item is a prohibited
activity and no application for a resource consent will be considered
for such an activity.
7.9.5 Assessment
criteria for discretionary activities
The council's assessment of an application for a discretionary
activity will include consideration of the following matters:
- The extent to which the removal of later
unsympathetic additions will detract from the assessed heritage values
for which the item was scheduled.
- The degree to which the nature,
form and extent of the proposed development, alteration or change will
adversely affect the heritage values of the scheduled item. In considering
this regard will be given to the category in which the heritage item
is scheduled and the values for which it was scheduled.
- Whether any alternative methods
were considered to achieve the applicant's objectives.
- Whether the application is consistent
with the provisions of the ICOMOS New Zealand charter for the conservation
of places of cultural heritage value (refer appendix 5).
- Whether the proposal is consistent
with a current conservation plan or heritage assessment and more particularly
the stated conservation policies and strategies for the item. These
policies and strategies will form the basis of the council's heritage
approach.
- The extent to which it is necessary
to balance heritage objectives with other resource management issues.
- The extent to which the form, mass,
scale, proportion and materials of new work will be compatible with
the original building and not ignore, detract from, compete with or
dominate the character of the scheduled item.
- The degree to which the colour and
texture of new work detracts from, competes with or dominates the character
of the scheduled item.
- Whether the location of the new
work on the site, detracts from, competes with or dominates the character
of the scheduled item and site surrounds.
- Whether any evidence has been presented
by the owner(s) about the consequences to the owner(s) of the scheduling,
or other compelling reasons indicating why the work is necessary.
7.9.6 Conservation
plans and heritage assessments
All resource consent applications for category A buildings,
objects, properties and places of special value must include a conservation
plan. A conservation plan should collate the origins and history of
a scheduled item, the cultural value of the item as a whole and its
various parts. The conservation plan should propose policies to be observed
before significant work or alterations are considered.
The conservation plan, and more particularly the stated
conservation policies and strategies for the property, will form the
basis of the council's heritage assessment of the effects on the heritage
item.
Conservation plans must include:
- A statement of the significance of the
heritage item.
- The physical condition and structural
integrity of an item.
- The physical conservation, action and
care necessary for retaining or revealing the heritage significance
- this may include maintenance, reconstruction or restoration.
- Activities which may be compatible with
the protection of the heritage item, and those which may be constrained
by them.
- Policies and strategies to enable the
cultural significance of a place to be retained.
In producing a conservation plan, applicants can be
guided by the document "The Conservation Plan" by James Semple Kerr,
National Trust, New South Wales - Fourth (Australia and New Zealand)
Edition 1996. The NZ Historic Places Trust "Guidelines for preparing
conservation plans (1994)" is an acceptable alternative guide to the
Kerr model. The council will evaluate the completeness and quality of
the conservation plan as a part of the information required for an application
for resource consent.
Where resource consent is required for works to a category
B scheduled item then, as an alternative to a conservation plan, a heritage
assessment is acceptable. A heritage assessment includes a brief history
and record of the building, and an assessment of the significance of
the building and its parts.
7.10 Conservation
areas
It is recognised that in the islands there are certain
areas which display a particular character which collectively may have
sufficient heritage value to warrant protection in the Plan. Such areas
may be characterised by a significant concentration and continuity of
sites, buildings, structures, objects or landscape characters united
historically or aesthetically by form or physical character. The area
may be of value for historical, architectural, archaeological, geological,
ecological, cultural, or other reasons.
The intention of conservation areas is to maintain the
unique character of the whole area against development, demolition or
other works which are not in sympathy with the era, style or character
to be conserved. Conservation areas may include individual heritage
items which are scheduled in their own right for protection.
The Plan identifies one conservation area in the islands.
It is defined by the map contained in appendix 1c - Schedule of conservation
areas - inner islands and relates to Omiha (Rocky Bay), on Waiheke.
A character statement for the Rocky Bay conservation area is contained
in appendix 3 - Character statements for conservation areas. Other conservation
areas may be added to the Plan by means of plan changes, as further
information becomes available.
7.10.1 Issue
How to protect areas which are susceptible to change
through development which may deplete the collective character that
defines them.
7.10.2 Objective
To identify, protect and enhance areas of significant
historic, scientific or public interest or value.
Policies
- By identifying, assessing and documenting
appropriate localities as conservation areas.
- By ensuring that land use and development
within the conservation area does not detract from the values for which
it was protected.
- By retaining the heritage character
and value of the conservation area.
7.10.3 Criteria
for evaluating conservation areas
The Plan recognises the value of conservation areas
as heritage assets and has adopted a system of identifying and protecting
them. In determining whether localities are worthy of recognition and
protection as conservation areas, the criteria for evaluating conservation
areas listed in appendix 4 - Criteria for scheduling heritage items
are considered.
7.10.4 Rules
for conservation areas
7.10.4.1 Permitted
activities
The following are permitted activities:
- The redecoration, repair and/or alteration
of any existing fabric or detailing carried out in a manner and design,
and with similar materials to those originally used.
- Internal redecoration, repair or
alterations.
- Any change of use otherwise permitted
by the Plan.
- The minimal trimming or maintenance
of any vegetation within a conservation area with hand-operated secateurs.
7.10.4.2 Restricted
discretionary activities
The following are restricted discretionary activities:
- Demolishing, removing or modifying an
existing building, structure, vegetation, or feature, including any
works in the street environment.
- Constructing a new building within
a conservation area.
Matters of discretion
The council has restricted its discretion to considering
the following matters:
- The nature, form and extent of the development,
alteration or change and its effect on the particular character of the
conservation area.
- Evidence presented as to the compelling
reasons why the work is necessary.
- Provisions of the ICOMOS New Zealand
charter for the conservation of places of cultural heritage value (refer
appendix 5) where appropriate.
- Demonstration that any demolition
or removal of a building will not significantly affect the streetscape
appearance of the conservation area and will not destroy the conservation
area's unified entity.
- Consideration of the proposal against
the relevant character statement in appendix 3 - Character statements
for conservation areas.
- Whether the proposed activity will
positively enhance the protection and maintenance of the building in
a manner in keeping with the particular character of the conservation
area.
- Whether the proposal is consistent
with the relevant heritage objectives and policies.
- Whether the proposal detracts from
the particular character of the conservation area.
See clause 7.6 for notification requirements for restricted
discretionary activities.
7.11 Ecologically
significant sites
The islands contain a number of important and distinctive
natural features of ecological significance. These are described in
the Plan as sites of ecological significance and sensitive areas. Sensitive
areas apply to the outer islands only, but sites of ecological significance
apply to both the inner and outer islands. At the time of notification
of the Plan the ecological values of the outer islands had not been
re-evaluated. The areas defined as sensitive areas and sites of ecological
significance in the outer islands were therefore carried over from the
previous district plan. In areas where the land unit rules are more
restrictive than the rules applying to sensitive areas, the sensitive
areas have not been carried over.
These sites of ecological significance and sensitive
areas make up an important part of the natural heritage and character
of the islands, as such the most significant examples require scheduling.
The ecological values include indigenous plants, the habitat of indigenous
fauna, threatened species and their habitat and the protective functions
vegetation may have on habitat, soils, steep land or water. Sensitive
areas are the more sensitive parts of the indigenous vegetation outside
the sites of ecological significance. They include fragile ecosystems
and pockets of mature forest.
The extent and variety of these sites of ecological
significance and sensitive areas need to be conserved and their qualities
maintained. The importance of protecting ecological values is outlined
in section 6(c) of the RMA which, as a matter of national importance,
requires the protection of areas of significant indigenous vegetation
and significant habitats of indigenous fauna. In order to fulfill its
role outlined in the RMA the council has identified certain areas as
being significant and worthy of protection.
7.11.1 Issues
How to ensure that ecologically significant sites, which
have been depleted by a variety of land uses, will be adequately protected
by the Plan.
7.11.2 Objective
To identify, recognise and protect sites of ecological
significance and sensitive areas within the islands.
Policies
- By identifying, evaluating and protecting
sites of ecological significance and sensitive areas in public and private
ownership.
- By protecting sites of ecological
significance and sensitive areas in a manner that retains the value
of the scheduled item.
- By ensuring that land use and development
does not result in damage to sites of ecological significance and sensitive
areas.
- By avoiding the loss of threatened
or protected species within sites of ecological significance and sensitive
areas.
7.11.3 Criteria
for scheduling sites of ecological significance
The Plan recognises the value of sites of ecological
significance as heritage assets and has adopted a system of identifying
and protecting them. The sites of ecological significance are listed
in appendix 1d - Schedule of sites of ecological significance - inner
islands and appendix 2d - Schedule of sites of ecological significance
and sensitive areas - outer islands.
In determining whether sites with ecological values
are worthy of recognition and protection as scheduled sites, they have
been evaluated against the criteria listed in appendix 4 - Criteria
for scheduling heritage items.
7.11.4 Rules
for ecologically significant sites
7.11.4.1 Restricted
discretionary activities
Where a site is wholly contained in any site of ecological
significance or sensitive area; or where a site is partially contained
in a site of ecological significance or sensitive area to the extent
that less than 1000m2 of land is available for land use activities
outside the site of ecological significance or sensitive area then:
Clearance or modification of vegetation to provide a
building platform, effluent disposal system and accessway is a restricted
discretionary activity.
Matters of discretion
The council has restricted its discretion to considering
the following matters:
- The location and extent of the building
platform.
- The location, type, length and width
of accessway. Note: control over the type of accessway may extend to
requiring bridges. Where an accessway is not considered suitable the
council may require the applicant to provide a roadside parking platform
rather than an accessway.
- The location and type of effluent
disposal system.
See clause 7.6 for notification requirements for restricted
discretionary activities.
7.11.4.2 Discretionary
activities
The following are discretionary activities:
- Any proposal to cut, damage, alter or
destroy any indigenous plant (including its roots) within a scheduled
site of ecological significance or sensitive area.
- Any works within the dripline of
any tree or lower canopy plant within a scheduled site of ecological
significance or sensitive area.
7.11.5 Assessment
criteria for discretionary activities
The council's assessment of an application for a discretionary
activity will include consideration of the following matters:
- The extent to which the proposed activity
is consistent with the relevant objectives and policies.
- Whether proposed activity will adversely
affect the values for which the site of ecological significance or sensitive
area has been protected.
- The extent to which the nature,
extent, timing and method of modification or destruction will adversely
affect the site of ecological significance, or sensitive area.
- Whether the proposed activity adversely
affects the biodiversity values of adjacent terrestrial, freshwater
or saline environments.
- Whether the proposed activity adversely
affects water quality, or slope stability.
- The extent to which modification
or destruction of the site of ecological significance or sensitive area
is likely to have an adverse effect on its natural character.
7.12 Geological
items
The islands abound with a diverse range of geological
items that contribute to its distinctive qualities. The Plan provides
for the protection of geological items which are significant for their
scientific, integrity, educational and historic values. Significant
examples require identification and scheduling.
7.12.1 Issues
- How to recognise and protect the unique
nature of the islands' geological resources.
- How to protect geological items
which may be dynamic, extremely fragile or difficult to identify. Development
of these items may result in their partial or total destruction, causing
them to be lost forever.
7.12.2 Objective
To identify, recognise and protect valuable geological
items which contribute to the islands’ heritage.
Policies
- By assessing, evaluating and scheduling
geological items significant for their scientific and geological context,
integrity, educational and historical association value.
- By ensuring that land use and development
does not result in the damage or destruction of scheduled geological
sites and their scheduled site surrounds.
- By avoiding a reduction in the heritage
values associated with scheduled geological sites and their scheduled
site surrounds.
7.12.3 Criteria
for evaluating geological items
To determine whether a geological item is worthy of
protection in the Plan, potential items have been evaluated against
of the criteria listed in appendix 4 - Criteria for scheduling heritage
items.
The evaluation criteria are also used to determine whether
a geological item is a category A, or category B.
7.12.3.1 Category
A
These are extremely valuable geological items that when
assessed against the relevant criteria were considered to have heritage
significance beyond their immediate surrounds. Their loss or degradation
would be unacceptable in terms of achieving the purpose of the RMA.
These geological items therefore need to be preserved.
7.12.3.2 Category
B
Although these geological items are considered to be
less significant than category A items, it is still important for the
features to be protected from inappropriate use and development, having
regard to the effect of the proposal on the heritage values of the scheduled
item, and the applicants objectives and reasons for the proposal. Therefore,
the partial loss or modification of category B item may be acceptable
where there is no alternative and everything has been done to avoid,
remedy or mitigate any adverse effects.
7.12.4 Rules
for geological items
The rules for geological items with a category A rating
are outlined in table 7.3. The rules for category B items are in
table
7.4.
To use these tables it is necessary to know the feature
type for the item, as well as whether it is category A or B. That information
can be found in appendix1e - Schedule of geological items - inner islands
and appendix 2e - Schedule of geological items - outer islands.
Feature type
In the following tables, the columns A-G indicate the
following feature types:
A = Large landforms
Landforms that are sufficiently large and robust
to withstand small scale earthworks or constructions without significant
impact, eg scoria cone
B = Smaller more fragile landforms
Small landforms or other features that could
be damaged or destroyed by relatively small scale earthworks or constructions,
eg rock stack, hornito
C = Dynamic landforms and features
Landforms or features that rely on the continuation
of natural physical processes beyond the feature for their continued
existence, eg shell spit, sand dune, spring
D = Exposures of geological material
Natural or human-made exposures that are sufficiently
large and robust that small scale earthworks or rock sampling will have
no significant impact, eg South Rotoroa boxwork weathering
E = Fragile exposures of geological material
Small natural or human-made exposures or high
value portions of exposures that could be damaged or destroyed by small
scale earthworks, sampling or construction, eg Flax Point baked sediment
F = Caves
Caves (including entrances and host land within
a 5m radius of the cave in all directions) may, depending upon their
depth underground, be susceptible to damage from significant earthworks
or constructions above them, or from changes in their catchments, eg
lava caves, sea caves.
G = Boulder fields
Boulder fields, eg Stony Batter
Table 7.3: Activity table for category
A scheduled geological items
| Activities |
Feature
type |
| A |
B |
C |
D |
E |
F |
G |
| 1. Erecting buildings or structures,
or planting vegetation that will obstruct views of scheduled features
within a scheduled site surround |
RD |
RD |
RD |
RD |
RD |
RD |
RD |
| 2. Earthworks greater than 2m3 |
D |
Pr |
D |
D |
D |
D |
Pr |
| 3. Earthworks less than or equal
to 2m3 |
P |
D |
D |
D |
D |
RD |
D |
| 4. External alterations or additions
to existing buildings and the construction and/or relocation of new
buildings |
D |
Pr |
D |
D |
Pr |
D |
Pr |
| 5. Roading construction
|
D |
Pr |
D |
D |
Pr |
RD |
D |
| 6. Footpath construction
|
RD |
D |
D |
D |
D |
RD |
D |
| 7. Construction of fences or walls
other than post and wire fences
|
RD |
Pr |
D |
D |
Pr |
RD |
NC |
| 8. Construction of post and wire
fences
|
RD |
RD |
RD |
RD |
D |
RD |
P |
| 9. Construction, replacement or
upgrading of utility services by trenching |
D |
D |
D |
D |
D |
D |
D |
| 10. Construction, replacement
or upgrading utility services by underground thrusting or directional
drilling |
RD |
RD |
RD |
RD |
RD |
RD |
RD |
| 11. Planting any vegetation on
the scheduled feature
|
D |
D |
Pr |
RD |
Pr |
RD |
NC |
| 12. Geological sampling to a maximum
of 1000cc |
P |
RD |
P |
P |
RD |
RD |
RD |
| 13. Grazing by heavy animals -
ie cattle, horses, deer (excluding cave interiors) |
RD |
RD |
RD |
RD |
RD |
P |
P |
| 14. Grazing by light animals -
ie sheep (excluding cave interiors) |
P |
RD |
RD |
P |
RD |
P |
P |
| 15. Works or activities within
the scheduled site surrounds
|
RD |
RD |
RD |
RD |
RD |
RD |
RD |
Legend:
P = Permitted
RD = Restricted discretionary
D = Discretionary
NC = Non-complying
Pr = Prohibited
Note:
See clause 7.6 for notification requirements for restricted
discretionary activities.
Table 7.4: Activity table for category
B scheduled geological items
| Activities |
Feature
type |
| A |
B |
C |
D |
E |
F |
G |
| 1. Erecting buildings or structures,
or planting vegetation that will obstruct views of scheduled features
within a scheduled site surround |
RD |
RD |
RD |
RD |
RD |
RD |
RD |
| 2. Earthworks greater than 2m3 |
D |
D |
D |
D |
D |
D |
D |
| 3. Earthworks less than or equal
to 2m3 |
P |
D |
RD |
RD |
D |
RD |
P |
| 4. External alterations or additions
to existing buildings and the construction and/or relocation of new
buildings. |
D |
D |
D |
D |
Pr |
RD |
D |
| 5. Roading construction
|
RD |
NC |
D |
D |
Pr |
RD |
RD |
| 6. Footpath construction
|
RD |
NC |
D |
D |
NC |
RD |
RD |
| 7. Construction of fences or walls
other than post and wire fences
|
RD |
D |
D |
D |
D |
RD |
RD |
| 8. Construction of post and wire
fences
|
P |
RD |
RD |
RD |
D |
RD |
P |
| 9. Construction, replacement
or upgrading of utility services by trenching
|
D |
D |
D |
D |
D |
D |
D |
| 10. Construction, replacement
or upgrading utility services by underground thrusting or directional
drilling
|
RD |
RD |
RD |
RD |
RD |
RD |
RD |
| 11. Planting any vegetation on
the scheduled feature
|
RD |
D |
D |
D |
NC |
RD |
RD |
| 12. Geological sampling to a maximum
of 1000cc |
P |
RD |
P |
P |
RD |
RD |
P |
| 13. Grazing by heavy animals -
ie cattle, horses, deer (excluding cave interiors) |
RD |
RD |
RD |
RD |
RD |
P |
P |
| 14. Grazing by light animals -
ie sheep (excluding cave interiors)
|
P |
RD |
RD |
P |
RD |
P |
P |
| 15. Works or activities within
scheduled site surrounds |
RD |
RD |
RD |
RD |
RD |
RD |
RD |
Legend:
P = Permitted
RD = Restricted discretionary
D = Discretionary
NC = Non-complying
Pr = Prohibited
Note:
See clause 7.6 for notification requirements for restricted
discretionary activities.
7.12.5 Matters
of discretion and assessment criteria
For restricted discretionary activities, the council
has restricted its discretion to considering the following matters:
- Whether the nature, form and extent of
the proposed works or activity adversely effects the feature or features
for which the item was scheduled.
- The extent to which the modification
is necessary.
- What alternative methods and locations
are available to the applicant for carrying out the work or activities
that do not involve a scheduled item.
- The relevant objectives and policies
of the Plan relating to heritage matters.
- The purpose of the proposed works
or activity and whether it has specific connections or relevance to
the scheduled item.
- The provisions of any relevant management
plan.
- The degree to which the feature
or features have already been modified to the extent that further modification
will not cause significant additional loss of geological information.
The council's assessment of an application for a discretionary
activity will also include consideration of the matters listed above.
7.13 Maori heritage
The relationship of Maori and their culture and traditions
to their ancestral lands, sites, waterways, waahi tapu, wai tapu, and
other taonga is of national importance under the RMA. The Plan must
therefore recognise and provide for that relationship. This can be done
by identifying sites and areas of significance to Maori, and establishing
appropriate protection.
At the time of notification of the Plan, Maori heritage
sites were not included because essential information collected by the
council about archaeological sites had not yet been considered by iwi.
This information will assist iwi to determine which Maori heritage sites
or areas to request for inclusion in the Plan, whether these are archaeological
sites or not.
In consultation with tangata whenua, a variation or
change to the Plan may be introduced to identify, protect, and recognise
such sites in accordance with good RMA practice and the principles of
Te Tiriti o Waitangi. These sites may include waahi tapu, tauranga waka,
urupa, kauhanga riri, mahinga maataitai, wai tapu and other taonga.
(Refer to clause 7.16 for a glossary of Maori terms).
The custody of privileged information about Maori heritage
sites will be retained and managed by identified heritage staff within
the council. It will be held in a form that is not at risk of disclosure
(unless this has been specifically authorised by iwi on a case-by-case
basis). At the same time, landowners need to be provided with sufficient
information about acceptable activities on the sites so as to maximise
protection of the sites without unnecessarily constraining the activities
of landowners.
The Plan will accurately identify all sites that iwi
request be protected under the Plan. The council will work with iwi
to develop criteria and protocols applicable to the individual sites
or areas.
7.13.1 Issue
How to ensure that Maori heritage sites are not accessed
or modified in such a way that detracts from their cultural value.
7.13.2 Objective
To recognise and protect sites of spiritual, cultural
or tikanga value to Maori.
Policies
- By identifying and protecting, in consultation
and partnership with tangata whenua, significant Maori spiritual, cultural
or tikanga sites.
- By avoiding a reduction in the historical,
cultural and spiritual values associated with Maori heritage sites.
- By ensuring that tangata whenua
(and other relevant iwi authorities) will be consulted over the use,
development or protection of natural and physical resources where these
affect Maori heritage sites.
7.13.3 Rules
for Maori heritage sites
7.13.3.1 Permitted
activities
Any activity or work located within an area scheduled
as a Maori heritage site which does not involve either of the following:
- ground disturbance
- toilets (including portaloos) or changing
facilities.
7.13.3.2 Discretionary
activities
Any activity or work within an area scheduled as a Maori
heritage site which involves either or both of the following:
- ground disturbance
- toilets (including portaloos) or changing
facilities.
7.13.4 Assessment
criteria for discretionary activities
The council's assessment of applications for a discretionary
activity will include consideration of the following matters:
- Whether the proposal is consistent with
the objectives and policies for Maori heritage sites.
- Whether the proposal has appropriate
regard to the protocol for Maori heritage sites.
- Whether an archaeological assessment
has been undertaken to assess the archaeological values of the site.
- Whether the modification is necessary,
and any alternative methods available to the applicant for carrying
out the work and activities.
- Whether there has been consultation
with the relevant tangata whenua.
- Whether tangata whenua will have
access to the site for karakia and monitoring.
7.14 Trees
Trees are an important element of the islands’
resources. They contribute positively to the amenity values experienced
by visitors and residents alike, and their retention helps enable the
people and communities of the islands to provide for their social and
cultural wellbeing.
Individual trees and groups of trees can have significant
arboricultural, community, amenity and historic values, which collectively
endow the landscape with distinctive environmental quality and charm.
The Plan recognises the value of significant trees and groups of trees
as community assets and has adopted a system of identifying and protecting
them, both as individual specimens and as groups of specimens. These
are denoted as scheduled trees. The continued existence of scheduled
trees is important to the heritage and legacy left to future generations.
As well as scheduling trees with particular heritage
value, other parts of the Plan have more general controls protecting
indigenous vegetation throughout the islands, and larger exotic trees
on Waiheke.
7.14.1 Issue
How to address the potential loss of trees and subsequent
loss to the general environment and amenity values, health and wellbeing
of the community and heritage values of the islands.
7.14.2 Objective
To identify and protect trees and groups of trees which
significantly contribute to the islands’ arboricultural, community,
amenity and historic values.
Policies
- By identifying, recognising and protecting
scheduled trees and groups of scheduled trees in public and private
ownership.
- By ensuring, where possible, that
scheduled trees and groups of scheduled trees that contribute to the
heritage values of the islands are retained.
- By protecting scheduled trees as
a habitat and food source to retain and attract valued wildlife.
7.14.3 Criteria
for scheduling trees
The Plan recognises the value of scheduled trees as
community assets and has adopted a system of identifying and protecting
them, both as individual specimens and as groups. These trees are listed
in appendix 1g - Schedule of trees - inner islands and
appendix 2g -
Schedule of trees - outer islands.
In determining whether trees are worthy of recognition
and protection as scheduled trees, they are evaluated against the criteria
contained in appendix 4 - Criteria for scheduling heritage items.
Trees in the islands have been identified as worthy
of recognition and protection as scheduled trees for a variety of the
reasons given above. They may be identified for their arboricultural,
community, amenity and/or historic value. By scheduling them they should
be preserved as part of the heritage of the islands for the benefit
of present and future generations.
The evaluation criteria are also used to determine whether
a tree is a category A or B item.
7.14.4 Rules
for scheduled trees
7.14.4.1 Permitted
activities
The minimal trimming or maintenance of any scheduled
tree undertaken with hand-operated secateurs.
7.14.4.2 Restricted
discretionary activities
The following are restricted discretionary activities:
- Maintenance or trimming of limbs up to
50mm in diameter for category A trees, and 75mm in diameter for category
B trees, provided it does not detract from any qualities for which the
tree has been scheduled.
- The removal of dead wood or parts
of a tree that are dying or suffering from an untreatable disease.
Matters of discretion
The council has restricted its discretion to considering
the following matters:
- The necessity for carrying out the works.
- The extent of the trimming or maintenance
of the tree and the method to be employed.
- The effect on the integrity of the
tree's form, its health and its intrinsic and heritage values.
See clause 7.6 for notification requirements for restricted
discretionary activities.
7.14.4.3 Discretionary
activities
The following are discretionary activities:
- The maintenance or trimming of limbs
greater than 50mm diameter for a category A tree, or 75mm in diameter
for a category B tree.
- The destruction or removal of any
scheduled tree.
- Any work within the rootzone area
of any scheduled tree (irrespective of any legal boundary, fence or
structure).
7.14.5 Assessment
criteria for discretionary activities
The council's assessment of an application for a discretionary
activity will include consideration of the following matters:
- Whether the application is consistent
with the objectives and policies of the Plan.
- The extent of the effects on the
heritage values for which the tree has been scheduled.
- The extent to which the tree or
trees contribute to the amenity of the area both visual and physical,
including contributions as habitats for birds and other animals.
- Whether the application affects
the context of the tree.
- The extent to which the application
may have adverse effects on the conservation of water, soil or soil
stability.
- Whether the works are necessary.
- Whether or not the proposed activities
in the rootzone area are likely to damage the tree or endanger its health.
- Whether any alternative methods
and/or locations are available to the applicant for carrying out the
work or activities, or for meeting reasonable objectives including the
variation of development controls, where appropriate, to encourage retention
and enhancement of the tree or trees and to avoid or minimise adverse
effects.
- The extent to which the application
is consistent with the provisions of the ICOMOS New Zealand charter
for the conservation of places of cultural heritage value (refer
appendix
5), where appropriate.
- Whether the council is able to
impose conditions to ensure the tree or group of trees are not unduly
damaged or its health endangered and including limits on the extent
of trimming or maintenance and the methods employed.
7.15 Interpretations
and definitions
Interpretations and definitions which particularly relate
to this part of the Plan are listed below. These definitions are in
addition to those contained in part 14 - Definitions.
| Conservation |
means all the processes of managing
a place so as to retain its cultural significance. It includes general
maintenance and may, according to the circumstance, include preservation,
restoration, reconstruction and adaptation to new uses, and will commonly
be a combination of more than one of these. |
| Conservation plan |
means a document which sets out
in detail what is significant in a place, what level of community value
applies to the parts and the whole of the place, and what policies are
appropriate to guide any future changes and to enable that significance
and value to be retained.
|
| Cultural significance |
means aesthetic, historic, spiritual,
traditional, scientific or social value for past, present or future
generations. |
| Fabric |
means all the physical material
of a building, site, substrate, object, or place of cultural significance
(as defined above).
|
| ICOMOS NZ Charter |
The ICOMOS New Zealand charter
for the conservation of places of cultural heritage value is set out
in appendix
5. This charter provides a frame of reference and guidelines
for all people who are involved in the conservation of places of cultural
heritage value in New Zealand including scheduled items. Where not otherwise
prescribed in the Plan, the terminology and philosophies of the charter
are considered to be included into the Plan’s approaches to heritage. |
| Maintenance |
means the continuous protective
care of the fabric, and is to be distinguished from repair. |
| Preservation |
means maintaining the fabric in
its existing state and retarding deterioration. |
| Reconstruction |
means returning a place as nearly
as possible to a known earlier state and is distinguished by the introduction
of materials (new or old) into the fabric. (This is not to be confused
with restoration, replication, or conjectural reconstruction.) |
| Redecoration |
means the renewal, restoration,
or new applications of, surface finishes, coatings, decorative elements,
minor fittings and fixtures, and floor coverings; provided these actions
do not destroy, compromise, damage, or impair the appreciation of the
heritage values of the element being redecorated. |
| Repair |
means restoration or reconstruction
beyond the definition of maintenance. |
| Restoration |
means returning the existing fabric
of a place to a known earlier state by removing additions and/or by
reassembling existing components without the introduction of new material.
|
| Rootzone area |
means the full extent of the root
system for a tree. |
| Scheduled archaeological site |
means any site which would normally
come within the scope of professional interest in the field of archaeology
and that is scheduled in appendix 1a - Schedule of archaeological sites
- inner islands or appendix 2a - Schedule of archaeological sites -
outer islands. The location of each archaeological site is identified
on the planning maps and the relevant appendices.
|
| Scheduled building, object, property
or place of special value |
means any building, object, property,
place of special value, or groups of heritage items scheduled in
appendix
1b - Schedule of buildings, objects, properties and places of special
value - inner islands or appendix 2b -Schedule of buildings, objects,
properties and places of special value - outer islands. The location
of each building, object, property, place of special value is identified
on the planning maps and the relevant appendices.
|
| Scheduled conservation area |
means an area identified in the
Plan whose cumulative heritage characteristics are of such value as
to warrant a high level of protection from visible change. The location
of conservation areas is identified on the planning maps and in
appendix
1c - Schedule of conservation areas - inner islands and
appendix 2c
- Schedule of conservation areas - outer islands. |
| Scheduled ecologically significant
site |
means any site of ecological significance
or sensitive area scheduled in appendix 1d - Schedule of sites of ecological
significance - inner islands or appendix 2d - Schedule of sites of ecological
significance and sensitive areas - outer islands. The location of these
sites is identified on the planning maps.
|
| Scheduled geological item |
means any item which would normally
come within the scope of professional interest of the field of geology,
together with the land on or under the surface of which that item is
located, which is scheduled in appendix 1e - Schedule of geological
items - inner islands or appendix 2e - Schedule of geological items
- outer islands. The location of the geological item is identified on
the planning maps and in the relevant appendices. |
| Scheduled interior |
includes the whole or any nominated
part of the interior of a building, object or place (as shown in
appendix
1b - Schedule of buildings, objects, properties and places of special
value - inner islands and appendix 2b - Schedule of buildings, objects,
properties and places of special value - outer islands) which is particularly
relevant or valuable in demonstrating the heritage significance of a
place, the alteration of which would detract from the inherent heritage
significance and value of the place. Such items will be spaces, components
and materials, all finishes and fixtures (but excluding unattached items
such as furniture) which are original to the place and/or identifiable
as having significant heritage value. Such items may be identified in
an approved conservation plan or heritage assessment, and policies for
future conservation, adaptation, and preservation identified in these
documents will apply. |
| Scheduled item |
means
- an archaeological site
- a building, object, property, or place
of special value
- a conservation area
- an ecologically significant site, ie a
site of ecological significance or a sensitive area
- a geological item
- a Maori heritage site
- a tree or group of trees
scheduled for protection in the Plan for its heritage
values. The location of scheduled items are identified by annotations
on the planning maps and further described in appendix 1 - Heritage
schedules for the inner islands and appendix 2 - Heritage schedules
for the outer islands.
|
| Scheduled Maori heritage site |
means any Maori heritage site
scheduled in appendix 1f - Schedule of Maori heritage sites - inner
islands and appendix 2f - Schedule of Maori heritage sites - outer islands. |
| Scheduled site surrounds |
includes all the land on which
a scheduled item (or group of items) is located, and all land within
a defined area around the scheduled item(s), as illustrated in the diagrams
in appendix 1 - Heritage schedules for the inner islands and
appendix
2 - Heritage schedules for the outer islands. Site surrounds includes
all those things, such as (but not limited to) land, trees, gardens,
buildings and structures that are part of the heritage significance
of the place and are located within the site surrounds.
The site surrounds are identified to protect the
context of an item (or items) from effects that detract from the inherent
heritage significance and value of the scheduled item.
|
| Scheduled trees |
means any tree or group of trees
scheduled in appendix 1g - Schedule of trees - inner islands or
appendix
2g - Schedule of trees - outer islands. The location of scheduled trees
and groups of scheduled trees is identified on the planning maps and
in the relevant appendices.
|
7.16 Glossary
of Maori terms
| Iwi |
Tribe or people. |
| Karakia |
Prayers and blessings. |
| Kauhanga riri |
Battle sites. |
| Mahinga maataitai |
Food gathering areas. |
| Mana whenua |
Customary authority exercised
by an iwi in a particular area. |
| Tangata whenua |
In relation to a particular area,
means that the iwi holds mana whenua over that area. |
| Taonga |
Treasure, property. Taonga are
prized and protected as sacred possessions of the tribe. The term carries
a deep spiritual meaning and taonga may be things that cannot be seen
or touched. |
| Tauranga waka |
Canoe landing sites. |
| Tiriti o Waitangi |
Treaty of Waitangi. |
| Urupa |
Burial sites. |
| Waahi tapu |
Sacred places. |
| Wai tapu |
Sacred waters, including tidal
areas, lakes waterways, springs and wetlands. (Note: Areas below mean high water springs are
outside the authority of this Plan)
|
7.17 Additional
information about heritage
For additional background information about heritage,
refer to the following annexures:
Annexure 1a - The history of human settlement of the
islands
Annexure 1b - The archaeology of the islands. This annexure
also includes a glossary of archaeological terms.
Annexure 1c - The geology and landforms of the islands.
This annexure also includes a glossary of geological terms.