BEFORE THE ENVIRONMENT COURT ENV 2012- IN THE MATTER ...

BEFORE THE ENVIRONMENT COURT 

To: The Registrar 

Environment Court 

PO Box 5027 

DX:SX11154 

Wellington 

ENV 2012- 

IN THE MATTER of the Resource Management 

Act 1991 

AND 

IN THE MATTER of an appeal pursuant to clause 

14(1) of the First Schedule of 

the Act 

BETWEEN FEDERATED FARMERS OF 

NEW ZEALAND 

Appellant 

AND RUAPEHU DISTRICT COUNCIL 

Respondent 

_______________________________________________________ 

NOTICE OF APPEAL TO ENVIRONMENT COURT 

AGAINST DECISION ON PROPOSED DISTRICT PLAN 

Clause 14(1) of First Schedule, Resource Management Act 1991 

Federated Farmers of New Zealand 

_______________________________________________________ 

Federated Farmers of New Zealand, appeal against a decision of Ruapehu District Council on the 

following plan change: 

Ruapehu District Plan 

Federated Farmers of New Zealand made a submission on that plan change. 

Federated Farmers of New Zealand is not a trade competitor for the purposes of section 308D of the 

Resource Management Act 1991. 

Federated Farmers received notice of the decision on 14 December 2011. 

Federated Farmers appeal to the Ruapehu District Plan 1

The decision was made by Ruapehu District Council. 

The decision that Federated Farmers of New Zealand is appealing is: 

Summary of the decision specific provision or matter 

Definition: Factory Farming and Animal Boarding Facility 

Submission 284.3 

Buffer Zone: Issue RU2.4 and associated policy stream, Rule RU3.2.3, Rule SU3.2.1.3 and RU3.5 

Assessment Criteria 


Riparian Management: RP2.4 Public Access 


Rural Zone: RU3.3.1 Front Yard 


Rural Zone: RU3.3.3 Density 

Submission: 284.45 

Rural Zone: RU 3.3.5 Noise 


Rural Zone: RU3.4.6 Extraction Activities 

Submission 284.49 and 284.50 

Rural Zone: RU3.4.13 Airport Activities 

Submission 284.57 and 284.58 

Road Transport: Vehicle Access Separation TI3.3.2 


Hazardous Substances: HS3.2.1 List of Permitted Activities 


Summary of reasons for the appeal 

Definition: Factory Farming and Animal Boarding Facility 


Council decision was to accept this submission in part. 

Federated Farmers is concerned that the definition of factory farming includes outdoor enclosures 

which could also include paddocks. Federated Farmers believes that farming in paddocks is not 

factory farming and therefore the definition could inhibit normal farming practices. 

Relief sought 

That the definition be replaced with the definition we provided in our submission: 

Includes any agricultural production which results in the creation of living matter and which is carried 

out primarily within buildings, including but not limited to such activities as intensive poultry farming 

(excluding low density free range poultry or the keeping of fewer than 20 birds), boarding kennels 


and catteries, rabbit or fitch farming, intensive pig farming or mushroom production. For the purpose 

of this Plan ‘factory farming’ excludes horticulture. 

Intensive pig farming means the keeping, breeding or rearing for any purpose of more than five pigs 

that have been weaned, or more than two sows, where the predominant productive processes are 

carried out within buildings or closely fenced outdoor runs where the stocking density precludes the 

maintenance of pasture or ground cover but excludes non-intensive pig farming. 

Intensive poultry farming means the keeping, rearing or breeding of 20 or more poultry, whether in 

relation to the production of poultry for human consumption or in relation to egg production, where 

the predominant productive processes are carried out primarily within buildings and includes freerange 

poultry farming activities, but excludes low density free-range poultry. 

Low density free range poultry means the keeping, rearing or breeding of poultry (whether for the 

purpose of raising poultry for human consumption or for egg production) where: 

a) birds have permanent access to open air runs; 

b) permanent vegetation cover exists on the land where birds are permitted to range; 

c) the stocking rate of the runs to which the birds have access does not exceed 1.5 per square metre; 

and 

d) the stocking rate of any permanent weatherproof shelter to which birds have access does not 

exceed 5 birds per square metre of deep litter floor space or 10 birds per square metre of 

slatted floor space or 13 birds per square metre on framed perches. 

Non-intensive pig farming means the keeping, breeding or rearing for any purpose, of pigs on pasture 

(but including areas used for access to shelter) at a stocking density that sustains the maintenance of 

pasture or ground cover. 

Buffer Zone: Issue RU2.4 and associated policy stream, Rule RU3.2.3, Rule SU3.2.1.3 and RU3.5 

Assessment Criteria 


Council decision was to reject this submission. 

Federated Farmers believes that the buffer zone is a blunt tool to achieve ensure consultation with 

the Department of Conservation when development is occurring. Federated Farmers and the 

Department of Conservation undertook pre-hearing discussions and came to an agreed viewpoint 

which was presented at the hearing but ignored by Council. Federated Farmers believes that the 

Department of Conservation was comfortable that our shared position would allow them the level of 

comfort they required to ensure they were consulted regarding development which could affect 

important conservation estate. 

Relief sought 


That all buffer zone provisions are removed but that assessment criteria for Restricted Discretionary, 

Discretionary and Non-Complying Activities remains for industrial activity, exploration activity, 

extraction activity, prospecting activity, transfer station activity and subdivision activity to ensure 

that potential impacts upon the identified conservation land are considered. This would involve 

amendments as follows: 

RURAL 

RU3.2.3 Discretionary Activities 

The following activities are Discretionary Activities. 

(g) Development within 500m of identified Conservation Land 

Any of the following activities (excluding rural activities, or residential activities located 

on a building platform approved as part of a subdivision consent under Rule SU3.2.1.3 

of this District Plan) listed within: 

(iii) Rule RU3.2.1’Permitted Activities’ 

(iv) Rule RU3.2.2 ‘Controlled Activities’; 

(i) Industrial Activity 

(ii) Exploration Activity 

(iii) Extraction Activity 

(iv) Prospecting Activity 

(v) Transfer Station Activity 

that are located within 500m of the following areas: 

Otamarautara Stream Scenic Reserve 

Pukepoto Ecological Area 

Erua Forest Sanctuary 

Waimarino Scientific Reserve 

Tongariro National Park 

Pokaka Scenic Reserve 

Rangataua No.2 Conservation Area 

Mangamingi Stream Conservation Area 

Tongariro Conservation Area 

Rangataua Conservation Area 

Erua Conservation Area 

Pureora Forest Park (and public conservation land contiguous with the Park) 

Advice Note: 

These areas are shown on the District Plan Maps, with a 500m buffer around them. 

DOC will be considered an affected party for any application submitted. It is 

recommended that evidence of consultation with DOC is provided with any such 

application under the above rule. 

RU3.5 ASSESSMENT CRITERIA 

RU3.5.1 Restricted Discretionary, Discretionary and Non-Complying Activities 


Restricted Discretionary Activities will be assessed only in respect of the Relevant Assessment Criteria 

applicable to the Conditions with which the activity was unable to comply. Discretionary and Non- 

Complying Activities will be assessed against, but not limited to, the assessment criteria below. 

(d) Development affecting Adjoining identified Conservation Land 

• Otamarautara Stream Scenic Reserve 

• Pukepoto Ecological Area 

• Erua Forest Sanctuary 

• Waimarino Scientific Reserve 

• Tongariro National Park 

• Pokaka Scenic Reserve 

• Rangataua No.2 Conservation Area 

• Mangamingi Stream Conservation Area 

• Tongariro Conservation Area 

• Rangataua Conservation Area 

• Erua Conservation Area 

• Pureora Forest Park (and public conservation land contiguous with the Park) 

(referred to in RU3.2.3(fg) (applies to industrial activity, exploration activity, extraction activity, 

prospecting activity, transfer station activity and subdivision activity) 

(i) Whether any development adjoining these areas, has been designed in a manner that will 

not detract from the valued characteristics of the area (including but not limited to the design 

and location of dwellings or structures, orientation and layout of subdivisions, and any 

covenants and consent notices proposed as part of a subdivision). 

(ii) Whether a landscape mitigation plan has been provided to ensure the adverse visual effects 

of the proposal when viewed from these identified areas, are avoided or mitigated to minor 

levels. 

(iii) The impact of the development, and subsequent use, on biodiversity values. Specific 

consideration will be given to measures proposed to ensure pest plant and animal species are 

not introduced into Conservation Land as a result of the development, along with measures to 

ensure that stormwater and wastewater do not affect water quality. 

(iv) Whether the Department of Conservation has been consulted with regarding the 

development, and the outcome of that consultation. 

Subdivision 

SU3.2.1.3 Non-Complying Activities 

The following activities are Non-Complying Activities: 

(d) Any subdivision with a complying building platform within 500 metres of Tongariro 

National Park. the following areas: 

Otamarautara Stream Scenic Reserve 

Pukepoto Ecological Area 

Erua Forest Sanctuary 


Waimarino Scientific Reserve 

Tongariro National Park 

Pokaka Scenic Reserve 

Rangataua No.2 Conservation Area 

Mangamingi Stream Conservation Area 

Tongariro Conservation Area 

Rangataua Conservation Area 

Erua Conservation Area 

Pureora Forest Park (and public conservation land contiguous with 

the Park) 

Advice Note: 

These areas are Tongariro National Park is shown on the District Plan Maps, with a 

500m buffer around it them. 

DOC will be considered an affected party for any application submitted under the above 

rule. It is recommended that evidence of consultation with DOC is provided with any 

such application. 

Relevant Objectives and Policies - RU2.4.2(a) and RU2.4.3(a) 

Riparian Management: RP2.4 Public Access 


Council decision was to reject the submission. 

Federated Farmers has concerns with Issue RP2.4. In some instances public access can actually be 

detrimental to the natural character and ecological wellbeing of the water body. Further, there is no 

legal requirement for public access to areas of significant value on privately owned land. Access 

must be negotiated with the landowner and there must be no presumption of public access. 

Considering the significant costs associated with maintenance it is inappropriate to facilitate public 

access without a robust cost benefit analyse. 

Also, in many cases paper roads already provide public access water bodies. 

Relief sought 

That Issue RP 2.4 be amended as follows: 

(a) Facilitate public access where a demand exists to and along waterways in a manner that 

protects their natural character and the property rights of adjoining landowners and where 

paper roads do not already provide said demand. (or words to that effect) 

Rural Zone: RU3.3.1 Front Yard 


Council decision was to reject the submission 


Federated Farmers is concerned that by not allowing farm sheds and structures to be located next to 

the road it will negatively impact farming operations. Often it is difficult, if not impossible to get 

stock trucks or other delivery / pick up vehicles into a property. It is therefore important that farm 

sheds be located directly next to the road so that farmers may have their stock transported. Further 

to this, appropriate building sites are often limited in rural hill country and the best sites are likely to 

be located next to the road where the most favourable topography exists. 

Relief sought 

That RU3.3.1 (a) and (b) be amended as follows: 

(a) For sites of 3000m² in area or greater, all buildings, shall be setback a minimum of 10 metres 

from the front boundary adjoining a local road or collector road. Farm sheds are exempt from Front 

Yard restrictions. 

(b) For sites of 3000m² in area or greater, all buildings, shall be setback a minimum of 30 metres 

from the front boundary adjoining any road other than a local road or collector road. Farm sheds are 

exempt from Front Yard restrictions. 

Rural Zone: RU3.3.3 Density 

Submission: 284.45 


Much of the rural hill country is limited in appropriate building sites and therefore it is necessary to 

to concentrate dwellings where the topography is most suitable. 

Federated Farmers believes that having one dwelling per 50 hectares over 100 hectares is 

appropriate when the adverse effects are no greater than having two dwellings on a 100 hectare 

site. 

Relief sought 

That RU3.3.3 (d) be amended as follows: 

(d) Not more than two dwellings shall be erected on any one site with an area of less than 100 

hectares and no more than four one dwelling shall be erected for every 50ha (or part thereof) on any 

one site with an area of 100 hectares or more. 

Rural Zone: RU 3.3.5 Noise 




Federated Farmers supported the exemptions list of example “normal seasonal rural activities” but 

believe it should be extended to also include milking, feeding out, top dressing, calf and lamb 

weaning and fertiliser application, all of which have the potential to create noise but are normal 

rural activities which should be expected in the rural zone. 

Relief sought 

That RU3.3.5(a) be amended as follows: 

(iii) Normal seasonal rural activities such as harvesting, or haymaking, milking, feeding out, calf 

weaning, and lamb weaning and fertiliser application including top dressing may exceed the noise 

control rule. 

Road Transport: Vehicle Access Separation TI3.3.2 



Federated Farmers believes it is unfair to apply minimum vehicle access separation distances to 

paddocks. Paddocks are usually not designed for regular access and are not always placed where it is 

possible or appropriate to create an access which meets the minimum vehicle access separation. 

Relief sought 

Insert TI 3.3.2 (c) 

These rules do not apply to accesses used infrequently such as to farm paddocks (or words to that 

effect). 

Hazardous Substances: HS3.2.1 List of Permitted Activities 



Federated Farmers is very concerned that HS3.2.1 does not allow for the normal fertiliser and 

agrichemical storage for typical farming operations. 

An example of a fertilizer which would be captured by the HSNO subclasses 6.3B and 6.4A of 

Appendix 3 is urea. Urea is extremely common and has been safely used as a nitrogen fertilizer for 

generations, however under the proposed Plan its storage in typical farm quantities would be a 

discretionary activity. 


Federated Farmers is of the opinion that where a New Zealand Standards approved Code of Practice 

has been developed and where compliance can be demonstrated that fertiliser and agrichemical 

storage should be a permitted activity. In regard to the use, storage and disposal of agriculture 

chemicals the NZS 8409:2004 has been developed for the agrichemical users and developed to meet 

the requirements of both the HSNO and RMA. This would provide a valid alternative for landowners 

to demonstrate compliance with the District Plan. 

Further to this, we submit that it is inappropriate to try and quantify an appropriate storage limit for 

farms as circumstances vary greatly. What is more important than the amount of hazardous 

substance being stored is that the substance is being stored and used appropriately. This is why 

compliance with NZS8409:2004 would be more suitable than a storage limit. 

Relief sought 

That HS3.2.1 Permitted Activities be amended as follows: 

The following activities are Permitted Activities provided they comply with the General Conditions 

outlined in section HS3.3. 

(d) Agrichemical use, storage and disposal where these activities are carried out in accordance with 

NZS8409:2004 Management of Agrichemicals (or words to this effect) 

I attach the following documents to this notice: 

(a) a copy of my submission (Appendix A) 

(b) a copy of the relevant decision (or part of the decision) (Appendix B) 

(c) any other documents necessary for an adequate understanding of the appeal 

(d) a list of names and addresses of persons to be served with a copy of this notice (Appendix C) 

Address for service of appellant: 

Kelly Martyn 

Regional Policy Advisor 

Federated Farmers of New Zealand 

PO Box 422 

New Plymouth 

____________________________________ 

Kelly Martyn 

for Federated Farmers of New Zealand 

DATE: 17 February 2012 


Telephone: (06) 757 3425 

Fax: (06) 757 3424 

Email: kmartyn@fedfarm.org.nz 

Advice to recipients of copy of notice of appeal 

How to become party to proceedings 

You may become a party to the appeal if you made a submission on the matter of this appeal; and 

you lodge a notice of your wish to be a party to the proceedings (in form 33) with the Environment 

Court within 15 working days after the period for lodging a notice of appeal ends. 

You may apply to the Environment Court under section 281 of the Resource Management Act 1991 

for a waiver of the above timing requirements (see form 38). 

How to obtain copies of documents relating to the appeal 

The copy of this notice served on you does not attach a copy of the appellant’s submission or the 

decision (or part of the decision) appealed. These documents may be obtained, on request, from the 

appellant. 

The copy of this notice served on you does not attach a copy of any other documents necessary for 

the adequate understanding of the appeal (of which there were none), or a list of names and 

addresses of persons to be served with a copy of this notice. These documents may be obtained, on 

request, from the appellant. 

Advice 

If you have any questions about this notice, contact the Environment Court Unit of the Department 

for Courts in Auckland, Wellington or Christchurch. 


Persons to be served with a copy of this notice: 

Kate Dahm 

Ruapehu District Council 

Private Bag 1001 

TAUMARUNUI 3946 

kate.dahm@ruapehudc.govt.nz 

Ashley Cole 

Murumuru Farms Limited 

Ruatiti 

RAETIHI 4696 

ash.ash@xtra.co.nz 

Horticulture New Zealand 

Chris Keenan - Manager - Resource Management and Environment 

PO Box 10232 

The Terrace 

WELLINGTON 6143 

chris.keenan@hortnz.co.nz 

Ernslaw One Ltd 

Richard Heikell 

PO Box 2042 

GISBORNE 4040 

Richard.heikell@ernslaw.co.nz 

NZ Forest Managers Ltd 

Jackie Egan 

PO Box 304 

TURANGI 3353 

jackie@nzfm.co.nz 

Hancock Forest Management (NZ) Ltd 

Sally Strang 

PO Box 648 

Braeside Avenue 

TOKOROA 3444 

Sstrang@hnrg.com 

David Holland 

PO Box 10003 

Bayfair 

TAURANGA 3152 

djeholland@gmail.com 

New Zealand Fire Service Commission 

C/- Beca Carter Hollings & Ferner Ltd: ATTN: Alexandra Rielly 

PO Box 3942 


Appendix C 


NZ Transport Agency (NZTA) 

ATTN: Jeff Mitchell-Anyon 

PO Box 345 

WANGANUI 4540 

Jeff.Mitchell-Anyon@nzta.govt.nz 

Genesis Energy 

Jeremy Stevenson-Wright 

PO Box 10568 

The Terrace 


Craig.mckibbin@mitchellpartnerships.co.nz 

Tukia Group Ltd 

C/- NZ Forest Managers Ltd - ATTN: John Hura 

PO Box 304 

TURANGI 3353 

john@nzfm.co.nz 

Winstone Pulp International 

Susan Bramley 

PO Box 48 

OHAKUNE 4660 

susan.bramley@wpi-international.co.nz 

Rural Community Group 

P John Chuman 

1125 Erua Road 

NATIONAL PARK 3984 

johnaterua@hotmail.com 

P John Chuman 

1125 Erua Road 


johnaterua@hotmail.com 

Velma Siemonek 

PO Box 32 


d.v.siemonek.erua@hotmail.com 

Donald Leslie Siemonek 

PO Box 32 


d.v.siemonek.erua@hotmail.com 

Bryan Finnerty 

Erua Lodge & The Crossing Backpackers 

PO Box 35 


bryan@erualodge.co.nz 


Miriam Gillingham 


PO Box 35 


miriam@erualodge.co.nz 

Adventure Headquarters 

Paul Ratlidge 

PO Box 94 


info@adventurehq.co.nz 

Property Rights in New Zealand Inc 

C/- D Coles, Chairman 

4545 Highway 22 

RD2 

HUNTLY 3772 

donald.p.coles@gmail.com 

Robert & Shona Forbes 

PO Box 7 


royturner.ski@xtra.co.nz 

National Park Community Board 

Chairperson Shona Forbes 

C/- Ruapehu District Council 

Private Bag 1001 


royturner.ski@xtra.co.nz 

David Griffiths 

PO Box 24 

TURANGI 3353 

griffsjd@yahoo.com 

Alan & Julie Whale 

C/- Aimee Barwick 

65 Parr Terrace 

Castor Bay 

North Shore 

AUCKLAND 0620 

lambrown@woosh.co.nz 

Tuwharetoa Maori Trust Board 

C/- Sean te Heuheu 

PO Box 87 

TURANGI 3353 

sean@tuwharetoa.co.nz 


Murray Horn 

PO Box 849 

NEW PLYMOUTH 4615 

m.j.h@bigpond.net.au 

Kathleen Murdoch 

203 Miro Street 

MANUNUI 3924 

katydid1165@gmail.com 

WM & CE O'Donnell 

Treadwell Gordon 

PO Box 4084 

WANGANUI 4541 

Winston Oliver 

Ruatiti Airstrip Committee 

29 Makino Road 

RD6 

RAETIHI 4696 

Steve Fahey & Joss Richardson 

C/- Cheal Consultants - ATTN: Ella Bacher 

PO Box 165 

TAUPO 3351 

ellab@cheal.co.nz 

Ian Shaw 

C/- Cheal Consultants - ATTN: Ella Bacher 

PO Box 165 

TAUPO 3330 

ellab@cheal.co.nz 

Michael Plowman 

RD2 

OWHANGO 3990 

s.plowman@xtra.co.nz 

Tuwharetoa Maori Trust Board 

C/- Sean te Heuheu 

PO Box 87 

TURANGI 3353 

sean@tuwharetoa.co.nz 

The Department of Conservation 

Nicola Etheridge 

Private Bag 

TURANGI 3353 

netheridge@doc.govt.nz 


Sharon Adams 

RD1 

OWHANGO 3989 

ss.adams@xtra.co.nz 

SE Williams 

2264 State Highway 4 

RD1 

OWHANGO 3989 

williams2007@xtra.co.nz 

Angela Fergusson 

32 Falkner Park 


Andrew Harland 

CMB 98 

OWHANGO 3990 

andrewharland@actrix.co.nz 

Jeremy Stubbs 

C/- PO Box 364 


jeremy@peakca.co.nz 

Earl Rutherford & Brenda Solon 

39A Townsend Road 

Mirimar 


Frank Taylor 

54 Goldfinch Street 

OHAKUNE 4625 

Vivien L Pohl 

58 Norton Park Avenue 

LOWER HUTT 5011 

p.pohl@orcon.net.nz 

JM Duff 

27 Onge Street 

OWHANGO 3990 

judithduff@orcon.net.nz 

Elizabeth Ellicock 

15 Lairdvale Road 


CRS & LA Lagocki 

243 Taupo Road 



Farina Brady 

PO Box 147 

OHAKUNE 4660 

farinabrady@gmail.com 

Donald Borck 

RD4 

Taringamotu 


Christina Borck 

RD4 

Taringamotu 


Chevington Trust 

Terry Jones 

25 Rowan Road 

Epsom 

AUCKLAND 1023 

terry@uccl.co.nz 

Annette Eileen Mason 

PO Box 90094 

Victoria Street West 

AUCKLAND 1142 

Tania Taylor 

PO Box 76 

OHAKUNE 4660 

tarnzz@hotmail.com 

Denise Blair 

496 Waikaka Road 

MATIERE 3995 

AR & AC Aanensen 

50 Harvey Street 

TAUPO 3330 

Bryan M McAnnalley 

RD2 

OWHANGO 3990 

Rodney Blackburn 

73 Fisher Road 


rodneydaniel76@hotmail.com 

DJ Blackburn 



starlet01@msn.com 


SR Blackburn 



srb011@msn.com 

Miriam Gillingham 


PO Box 35 


miriam@erualodge.co.nz 

CC & NM Gebbie Ltd 

Chris Gebbie 

1-7 Millar Street 


chrisgebbie@xtra.co.nz 

Ruapehu Property.com Ltd 

Chris Gebbie 

1-7 Millar Street 


chrisgebbie@xtra.co.nz 

Hakan Svensson 

PO Box 43 


mountainheights@xtra.co.nz 

David Brown 

C/- Aimee Barwick 

65 Parr Terrace 

Castor Bay 

North Shore 

AUCKLAND 0620 

lambrown@woosh.co.nz

BEFORE THE ENVIRONMENT COURT ENV 2012- IN THE MATTER ...

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