-------- Original Message --------
Subject: Onsite Wastewater Discharge Consents
Date: Fri, 13 Apr 2012 10:24:27 +1200
From: Drew Broadley
To: Drew Broadley

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Media Release

13 April 2012

Onsite Wastewater Discharge Consents

Based on a District Court ruling on 30 January 2012, Hawke’s Bay Regional Council has reviewed its decisions made on interpretation and implementation of Condition (d) in Rule 37 of the Regional Resource Management Plan (RRMP). This relates to on-site domestic wastewater discharges occurring on land zoned for residential activity.

The decision on an appeal by two property owners found that in view of ambiguity in Rule 37 of the RRMP, that neither of two defendants were found to be in breach of RRMP Rule 37 and their infringement notices were disposed of.

The matter arose in spite of HBRC having a clear and internally consistent view of the term ‘zoned for residential purposes’. However the judge ruled that the zoning and rules in each district plan in the region must be applied according to each district plan. In this situation, the Rural Residential Zone under question in the Hastings District Plan was considered by the Court not to be zoned for residential activity in terms of Rule 37 of the RRMP. Accordingly, HBRC acted in good faith, but had incorrectly interpreted rule 37.

HBRC has committed to fully reimburse consent processing charges and compliance monitoring charges levied on holders of discharge permits for properties in the Hastings and Napier Rural Residential Zones and Napier Rural Settlement Zone, who were required to obtain consent solely as a result of this zoning. Properties that were required to obtain consent as a result of other triggers in rule 37 are still required to obtain and hold consents and are not affected by this decision. This includes some properties in the Zones in question.

From a total of 753 consents issued for the discharge of onsite wastewater, 114 consents have been erroneously interpreted according to the clarification of Rule 37. This include 31 consents for properties zoned rural residential in Hastings District and 83 consents for properties zoned rural residential and rural settlement in Napier City. The total cost of these 114 consents is $92,233.83 including compliance costs of $11,596.00.

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