Auckland Regional Plan: Coastal

Mangroves

Proposed plan change to the Auckland Regional Plan: Coastal

The ARC has notified a proposed plan change (Plan Change 4: Mangrove Management) to the Auckland Regional Plan: Coastal (ARP:C).

This page provides a brief overview of the proposed plan change, the anticipated timeline, and some relevant background information. This page will be updated and more information will be provided as the plan change process proceeds.

On this page - Information on Plan Change 4 - Mangrove Management:

• What does the proposed plan change address?
• What are the main results of the decisions?
• What is the expected timeframe for the proposed plan change?
• Proposed Plan Change 4 (notified on 17 October 2007) and the Section 32 Report
• Summary of Submissions
• Original submissions
• Further submissions
• When were the submissions heard?
• When were the decisions notified?
• The hearing decisions and amendments to Plan Change 4
• Who can lodge an appeal to the decisions and what is the process?
• When will Plan Change 4 become operative?
• Appeals to Plan Change 4
• Appeals version of Plan Change 4 (Chapter 16)

The documents referred to above are available in digital format from this webpage, or printed copies can be viewed at the ARC offices, Ground Floor, 21 Pitt Street, Auckland.

Background information on mangroves:

• What do we know about New Zealand's mangroves?

What does the proposed plan change address?

The ARC is broadly satisfied with the management approach of the ARP:C, consequently the proposed plan change does not seek a significant shift in position. However, the ARC is proposing to make changes to the ARP:C to recognise both the ecological value of mangroves, and to address issues that have arisen from the rapid rate of mangrove colonisation in some areas over recent years.

The proposed plan change recognises that in some areas mangroves form a valuable component of estuarine ecosystems, and can play an important role in protecting the shoreline from erosion. At the same time it is acknowledged that in many estuaries and harbours mangroves have increased substantially over the last 50 years, largely in response to the increased levels of sediment from the adjoining land entering the coast. The only effective way to address this issue in the longer term is through the integrated management of both the land (catchment) and coast.

The proposed plan change addresses the issue that in some locations mangroves are spreading into areas of other habitat value, such as intertidal flats used by wading birds, and that this may impact on biodiversity values. The plan change also recognises that in some areas mangrove spread is affecting peoples' access, navigation and recreational use of the coast. As a result, there is increasing interest in proposed mangrove removal activities for both environmental, or community use reasons. The proposed plan change addresses these issues and includes new policies to provide guidance, and changes some rules.

Back to top

What are the main results of the decisions?

New Policies:

Plan Change 4 as notified included new policies which:

• Provide guidance on both the need to protect the viability and significance of coastal vegetation, including mangroves, and the circumstances where mangrove removal may be appropriate.
• Support the preparation of integrated management plans which recognise the interconnectedness of land and sea.

After considering the submissions made to Plan Change 4 further changes have been made to:

• Recognise the issues associated with mangrove colonisation in some areas, and particularly on significant wading bird roosting and feeding areas.
• Provide greater recognition of the values in Coastal Protection Area 2 areas.

New Rules:

Plan Change 4 as notified included new rules which:

• Provide for, as Permitted Activities and subject to conditions, small scale (30m2) vegetation (mangrove) removal to allow for the operation, maintenance and use of lawful structures, for the functioning of drainage systems, or to ensure public health and safety in the use or operation of infrastructure.
• Provide for, as Controlled Activities, works that would otherwise be Permitted Activities but require more than 30m2 of removal. These would require a resource consent that will be granted as long as specified conditions are met.
• Provide for, as Permitted Activities and subject to conditions, the removal of mangrove seedlings by hand outside of the most environmentally sensitive areas.
• Change the existing rules which presently prohibit mangrove removal in the most environmentally sensitive areas to enable applications to be made for mangrove removal.

After considering the submissions made to Plan Change 4 further rule changes have been made to:

• In the General Management Area to extend the area of mangrove removal that can be undertaken as a permitted activity to enable the operation, maintenance and use of lawful structures, infrastructure and/or the functioning of drainage systems and health and safety, from 30m2 to 100m2.
• Extend the permitted activity status for mangrove seedling removal to include the Coastal Protection Area 1 areas (listed in a table) where the values identified are not associated with mangroves, and in significant wading bird areas (identified in a new map series),
• To provide for larger areas of mangrove removal (in identified mapped areas) necessary to maintain or restore the open nature of significant wading bird areas as a controlled activity.
• Provide for 30m2 of mangrove removal in Coastal Protection Area 1 areas as a controlled activity to enable the operation, maintenance and use of lawful structures, infrastructure and/or the functioning of drainage systems.

Back to top

What is the expected time frame for the proposed plan change?

• Proposed Plan Change 4: Mangrove Management was notified on 17 October 2007.
• The closing date for submissions was 28 November 2007.
• Notification of further submissions was Wednesday 26 March 2008.
• Further submissions closed on Thursday 24 April 2008.
• Hearing of submissions/further submissions were held on the 1,4 and 11 September 2008.
• Decisions of the Hearing Committee were endorsed by the Regional Strategy and Planning Committee on 3 February 2009.
• The decisions were publicly notified on 16 February 2009.
• Appeal period closes 30 working days from receiving decision (27 March 2009).
• Once any appeals have been resolved approval by the Minister of Conservation will be sought.
• The approved Plan Change will then be made operative by public notice. 

Back to top

Proposed Plan Change 4 (notified on 17 October 2007) and the Section 32 Report

The proposed plan change and can be viewed below

When a council notifies a plan change, they are required to also prepare a background report under section 32 of the Resource Management Act 1991.

The section 32 report can be viewed below

Back to top

Summary of Submissions

The summary of submissions can be viewed below in two formats:

In submitter order, along with a list of submitters

in topic order, along with a list of topics


Back to top

Original Submissions

There are 151 submissions, and they can be viewed below

Back to top

Further Submissions

There are 9 further submissions and they can be viewed below:

The postal addresses for the further submitters can be obtained from the submitter list above.

Back to top

When were submissions heard?

The submissions were heard by a sub-committee of the Regional Strategy and Planning Committee (Hearing Committee) on the 1, 4 and 11 of September 2008 at the Auckland Regional Council offices, Pitt Street, Auckland.

Back to top

When were the decisions notified?

The decisions of the Hearing Committee were endorsed by the Regional Strategy and Planning Committee at its meeting on 3 February 2009. Public notice of the decisions was made on 16 February 2009.

The hearing decisions and amendments to Plan Change 4

A copy of the Decision Report, amended Chapter 16, and the new Map Series 8 Sheets 1 to 5 can be viewed below.

Back to top

Who can lodge an appeal to the decisions made and what is the process?

Any submitter or further submitter to Plan Change 4 can appeal the Council's decisions to the Environment Court, in accordance with the provisions of Schedule 1 of the Resource Management Act 1991. Any appeals must be lodged within 30 working days of the submitter receiving the decision. Copies of the decision report and new maps were sent to all submitters during the week that the decision was publicly notified.

A copy of Form 7 - appeal against decision can be viewed below.

A copy of any appeal lodged needs to be served on the ARC, The Minister of Conservation and any affected submitter or further submitter. A copy of the submitter list with postal addresses can be viewed above.

Back to top

When will Plan Change 4 become operative?

Changes to ARP:C Chapter 16 proposed by the decisions on Plan Change 4 are open to appeal (see above). Resolution of matters raised in any appeals received will be by Environment Court consent order (where agreement is reached without the need for a court hearing) or through the Environment Court decision where a hearing is required. The amended Plan Change would then be sent to the Minister of Conservation for approval, and would be made operative by public notice from the Council once this approval is obtained.

Back to top

Appeals to Plan Change 4

Environment Court No	Appellant	Appeal/Relief Sought	Plan Change provision
ENV-2009-AKL-000155	Royal Forest & Bird Protection Society of N.Z Inc	The need for integrated catchment management plans to address sedimentation prior to approval for mangrove removal	Policy 16.4.7
ENV-2009-AKL-000157	Royal Forest & Bird Protection Society of N.Z Inc	Failure to control and prohibit stock grazing in the CMA; prohibit cattle and stock grazing in the CMA.	Rule 16.5.24
ENV-2009-AKL-000190	Federated Farmers of N.Z	Provide for vegetation removal in all parts of the CMA to enable the provision of private infrastructure	16.1 Introduction Policy 16.4.5 Rule 16.5.17
		Recognise mangrove removal from drains and drainage structures in CPA1 areas as appropriate	Policies 16.4.4 & 16.4.5
		Provide for mangrove removal from drains and drainage structures in CPA1 areas as a permitted activity in rural areas	Rules 16.5.2 & 16.5.3, 16.5.11B, 16.5.17
		Remove the level of protection afforded to CPA2 areas	Policy 16.4.4
		Increase the area of mangrove removal that can be undertaken as a permitted activity to 200m2	Rule 16.5.2 & 16.5.3
		Remove the rule that prohibits the grazing of cattle and stock in CPA1 areas	Rule 16.5.24

Appeals version of plan change 4 (Chapter 16)

The plan change has been highlighted and annotated to indicate which sections and provisions have been appealed. The annotated plan change can be downloaded as a PDF below:

 

What do we know about New Zealand's mangroves?

ARC recently commissioned a detailed technical review of what is currently known about New Zealand mangroves. Key findings of this review have been summarised in an easily understandable booklet called 'New Zealand's Mangroves' which can be downloaded here:  

The detailed review has been produced as a 156 page ARC technical publication;

Morrisey, D. et al (2007) 'The New Zealand Mangrove: Review of the Current State of Knowledge'. ARCTP No. 325.

You can download a copy of ARC TP325 here

or obtain a hard copy from the ARC publications department ($20.00 excluding postage) by emailing publications@arc.govt.nz or phone 09 366 2000.

Main conclusions from the review:

• There is considerable local and wider scale variability in; mangrove productivity, their role in local food-webs, the diversity of animals and plants that they support, and their response to the changing conditions in the estuaries and harbours in which they live.
• There are important gaps in our knowledge of mangroves and their ecological role in New Zealand.
• Mangrove management needs to be considered on a case-by-case basis because of the remaining gaps in our knowledge, and because mangroves characteristics and ecological roles differ from location to location.
• Mangrove management options need to be reviewed as research fills the outstanding knowledge gaps.

This page was last updated February 2009.

Back to top