In this Plan and in each document relating to this Plan, unless otherwise specified the following meanings shall prevail.
Accessory means ancillary and subservient to the primary use of land and/or buildings.
Accessory Building on any site means a building, the use of which is incidental to that of any other building or buildings on the site, and includes a building used for accommodating a member of the household in a dwelling on the site. In relation to a site on which no building has been erected the building must be incidental to any permitted activity.
Access Strip has the same meaning as in Part 1 of the Act.
Access Way has the same meaning as in section 315 of the Local Government Act 1974.
The Act means the Resource Management Act 1991 and includes any amendments thereto.
Agricultural Activities means land based activities the primary purpose of which is to produce livestock or vegetative matter and includes horticultural and pastoral farming but does not include forestry or odorous activities specified in Appendix G. Incidental sales of food items grown on the site is included.
Agricultural Buildings means buildings associated with farming including dwellings, hay sheds, cow sheds and accessory buildings.
Amenity Values means those natural or physical qualities and characteristics of an area that contribute to people's appreciation of its pleasantness, aesthetic coherence, cultural or recreational attributes.
Antenna means any telecommunication apparatus used for transmission or reception including the antenna dish mounting but not any supporting mast or similar structure. This definition includes any satellite dish.
Background Noise Level is the mean minimum sound level in the absence of any nuisance noise at the relevant place and time of measurement. When statistical analysis methods are used, the background noise level should be taken as that level which is equalled or exceeded for 95 per cent of the observation time (L95).
Building, in addition to its ordinary and usual meaning, means any building, structure or part structure, whether temporary or permanent, moveable or immovable except for the following:-
- any scaffolding or falsework erected temporarily for maintenance or construction purposes
- any mast, pole, or aerial less than 6 metres in height
- any fence, boundary wall or retaining wall less than 2.0 metres in height
- any construction or erection not exceeding 5m² in a horizontal plane and that does not exceed 1.2 metres in height
- any tent or marquee
- any temporary storage stack of goods and materials
- any sign
Coastal Protection Works means the structure and/or programmes (excluding protective planting) designed to protect and rebuild the coastline and/or enhance coastal amenity and use.
Commercial Activity means any use of land or buildings for the purposes of the sale of food, services and other commodities and merchandise or the provision of services or professional advice, and includes taverns and restaurants.
Commercial Livestock means the keeping and raising of poultry, pigs, cattle and other animals for the purposes of sale.
Community Facilities means any building or facility or part thereof intended to be used principally by members of the local community for the assembly of people for recreation, entertainment, cultural instruction and deliberation.
Council means Westland District Council and any committee, subcommittee or person to whom the Council's powers, duties and discretion under the provisions of the Act or this Plan has been delegated pursuant to the provisions of the Act or the Local Government Act 1974.
Dwelling means a residential building, and includes an apartment, a unit and a flat. It must be fully self-contained and designed for or occupied exclusively as one household.
Earthworks means earthmoving operations carried out by any means for development purposes and includes:
- the disturbance of land surfaces by moving, removing, placing or replacing soil or earth; or by excavation, cutting or filling operations.
- contouring, road, driveway and access construction.
Ecological District means one of the major levels used for the ecological classification of land. New Zealand has been divided into 286 ecological districts according to geological, topographical, climatic and biological features and processes, which interrelate to produce characteristics, landscapes and ranges of biological communities.
Endemic refers to species of plants and animals which are unique to an area or animals which may migrate but only breed in the area.
Erection, in relation to any building, means new construction or the re-erection or structural alteration of, or making of any addition to the building, or the placing of the building from one position on the same or to any other site; and "erect" and "erected" have corresponding meanings.
Esplanade Strip means an area of land alongside a water body and/or the bed of a water body that is created for the purposes set out in Section 229 of the Act and is subject to restrictions on the use of that land which are binding on future landowners. Esplanade strips can be created at any time subject to landowner and local authority agreement.
Esplanade Reserve means a reserve defined by Section 229 of the Act which is surveyed off alongside water bodies and vested in the Council with reserve status under the Reserves Act 1977.
Existing in relation to buildings and activities means lawfully established before the rules in the Plan first became enforceable and in accordance with Section 10 of the Act.
Exploration means any activity undertaken for the purpose of identifying mineral deposits or occurrences and evaluating the feasibility of mining particular deposits or occurrences of one of more minerals; and includes any drilling, dredging or excavations (whether surface or subsurface) that are reasonably necessary to determine the nature and size of a mineral deposit or occurrence; and 'to explore' has a corresponding meaning.
Financial Contribution means land, cash, works (including planting, rehabilitation or restoration of vegetation or enhancement of any natural or physical resources) and services, or a combination thereof.
Forestry means the activities involved in the management of forests including planting, maintenance, thinning and felling for extraction and utilisation of trees.
Commercial Forestry is forestry encompassing a contiguous or near contiguous plantation in excess of 5ha.
Front yard means a yard between the street line and a line parallel to, and extending across the full width of the site.
Frontage means that portion of land which secures legal access to a lot from an existing road or road to be vested or otherwise legalised and includes any right of way.
Garage means an accessory building or part of a building used primarily for housing motor vehicles owned by people living on the site, and includes a carport.
Gross Floor Area means the total area of all floors contained within the exterior walls of any building excluding stairwells or any private garage located within those exterior walls.
Habitat means the environment in which a particular species or group of species live. It includes the physical and biotic characteristics that are relevant to the species concerned. For example, the habitat of whio/blue duck consists of swift water with an abundance of freshwater insects.
Hazardous Facilities means all activities involving hazardous substances, sites where hazardous substances are stored or handled or which might be contaminated by hazardous substances, and all installations containing hazardous substances, including vehicles for their transport.
Hazardous Substances means any substances which may impair human, plant, or animal health or may adversely affect the health or safety of any person or the environment, and whether or not contained in or forming part of any other substance or thing; and
- includes substances prescribed by regulations as hazardous substances for the purposes of Part XIII of the Resource Management Act.
- does not include substances prescribed by regulations as not being hazardous substances for the purposes of Part XIII of the Resource Management Act.
Height in relation to a building means the vertical distance between ground level at any point and the highest part of the building immediately above the point (see Figure 9.1). For the purpose of calculating height, account shall be taken of parapets but not of:-
- radio or television aerials or antennas; or
- chimneys (not exceeding 1.1 m in any horizontal direction); or
- finials, where the maximum height normally permitted by the standards for the zone is exceeded by not more than 1.5 m
Household means a housekeeping unit whether one or more persons.
Industrial Activity means any activity involving the production, processing, assembly, servicing, testing, repair and/or storage and warehousing of any materials, goods, products or vehicles and includes transportation facilities and freight depots but does not include odorous activities specified in Appendix G.
Landscaping means the enhancement of the amenities of a lot by means of planting, land contouring and screening.
Land Value shall be based on that figure determined by a registered public valuer and current at the time of subdivision approval and shall be supplied to the Council by the developer or applicant.
Marae for the purposes of this Plan means a meeting place on Maori owned freehold land either in multiple ownership or under the jurisdiction of the Maori Land Court.
Meteorological Activities means the establishment and operation of facilities and installations or equipment to measure, collect and distribute meteorological information. This includes telecommunication, radio and satellite links.
MHWS is Mean High Water Springs which is generally the line of the average of the highest tides (known as spring tides).
Mining means to take, win, or extract, by whatever means, a mineral existing in its natural state in land, or a chemical substance from that mineral, for the purpose of obtaining the mineral or chemical substance; but does not include prospecting or exploration; and 'to mine' has a corresponding meaning.
Minor Works means minor repair of buildings where minor repair involves the repair of materials by patching, piecing in, splicing and consolidating existing materials and including minor replacement of minor components such as individual bricks, cut stone, tiles and slate where these have been damaged beyond reasonable repair or are missing. The replacement should be of the original it replaces and the number of components replaced should be substantially less than the existing.
Modification means physical changes to a building or site which are outside those normally expected by minor works and exclude demolition and removal.
Natural Coastal Processes are the result of the interaction of astronomical, meteorological, hydraulic, and sediment transport processes which act on the shoreline.
Natural Feature means any non-human feature in the landscape including such items as rocky outcrops and other geological features, headlands and peninsulas, stands of bush or native forest, lakes, rivers and wetlands.
Natural Wetlands are predominantly wetland and Pakihi, shallow water and land water margins which contain predominantly indigenous vegetation and/or are habitat for indigenous fauna. Wetlands may be brackish, fresh or saline and are characterised in their natural state by plants and animals that are adapted to living in wet conditions. Natural wetlands do not include areas of exotic pasture where water ponds after rain.
Net Area in relation to a front or corner site, means the total area of the site and for a rear site means the site area minus the area of the access strip.
Network Utility means any activity relating to:
- distribution or transmission by pipe line of natural or manufactured gas, petroleum or geothermal energy
- telecommunication and radiocommunication as defined in Section 2(1) of the Telecommunications Act 1987
- transformation, transmission, or distribution of electricity
- the distribution of water for supply including irrigation
- drainage or sewerage
- construction, operation and maintenance of roads and railway lines
- construction, operation and maintenance of an airport as defined by the Airport Authorities Act 1966, including the provision of any approach control service within the meaning of the Civil Aviation Act 1990
- undertaking a project or work described as a "network utility operation" by regulations made under the Resource Management Act 1991.
- lighthouses, navigation aids and beacons and ancillary structures
Noise means sound and includes expected background noise as well as irregular noises. The measurement of noise shall be the L10 corrected noise level (that equalled or exceeded 10% of the time).
Outdoor Space means an area of land which is not required for buildings, carparking or access and is available for the exclusive use of the occupants of the residential unit to which the space is allocated.
Pakihi is land that is dominated by a vegetation association of sedges, ferns, restiads, rushes, mosses and Leptospermum scoparium. Baumea spp., Gleichenia dicarpa, Empodisma minus, Sphagnum spp., with varying amounts of Juncus gregiflorus as the main species.
Papakainga for the purposes of this Plan are areas of predominantly residential developments on Maori owned freehold land either in multiple ownership or under the jurisdiction of the Maori Land Court.
Passive Recreation means those recreational pursuits which are of a passive nature including walkways and bridle paths, picnic areas, swimming, fishing and canoeing activities, cycling, motorised or walking tours.
Plan means this District Plan including all operative changes.
Prospecting means an activity undertaken for the purpose of identifying land likely to contain exploitable mineral deposits or occurrences; and includes:
(a) Geological, geochemical, and geotypical surveys; and
(b) The taking of samples by hand or hand held methods; and
(c) Aerial surveys,
and 'to prospect' has a corresponding meaning.
Public Place means any place owned by, or used by the public and includes a road, footpath, park, church, library and other community facilities.
Rear Yard means a yard between the rear boundary of the site and a line parallel thereto, extending across the full width of the site; provided that in the event of there being no rear boundary, as in a triangular section, the boundaries of the rear yard shall be the converging side boundaries of the site and the arc of a circle drawn with the apex as centre and a radius of 5 metres.
Recession Plane means a surface inclined towards the interior of a site or zone boundary or from points vertically above a site or zone boundary through which no part of a building may intrude, except the following:
- chimneys, ventilation shafts, roof water tanks, lift and stair shafts and spires, poles and masts less than 9 metres above ground level, provided the maximum dimension thereof measured parallel to the boundary under consideration shall not exceed 3 metres.
- where a single gable end with a base 7.5 metres or less faces a boundary and a recession plane strikes no lower than half way between the eaves and ridge line, that gable end may penetrate the recession plane.
Recreational Activity means any use of land for the purposes of sport, recreation or the assembly of people where this is not a commercial activity.
Relocated Building means a building which is moved either partly or wholly from an existing permanent site to another.
Residential Activity means any use of land for the purposes of residential accommodation in a dwelling, apartment or institutional home, not more than 5 extra people are boarding with the residents, and no persons are employed other than for the purposes of caring for residents or boarders.
Residential Item means any item used by residents and normally associated with the use of a dwelling.
Road shall have the same meaning as set out in Section 315 of the Local Government Act 1974.
(a) Any name, figure, character, outline, display, delineation, announcement, design, logo, mural or other artwork, poster, handbill, banner, captive balloon, flag, flashing sign, flatboard, freestanding sign, illuminated sign, moving sign, roof sign, sandwich board, stream, hoarding or any other thing which is:-
(1) Intended to attract attention; and
(2) Visible from a road or any public place; and
(b) All material and components comprising the sign, its frame, background, structure, any support and any means by which the sign is attached to any other thing.
(c) A double sided sign containing the same message on both sides is counted as one sign.
Site means any corner site, front site, rear site or through site (see Figure 9.2) that is:-
- comprised in a single certificate of title; or
- contained in a single lot as an approved survey plan of subdivision for which a separate certificate of title could be issued without further consent of the Council;
- an area of land which is composed of two or more contiguous lots held together in one certificate of title in such a way that the lots cannot be dealt with separately without prior consent of the Council; or
- an area of land which is composed of two or more contiguous lots held in two or more certificates of title where such titles are:
· subject to a condition imposed under Section 37 of the Building Act or Section 643 of the Local Government Act 1974; or
· held together in such a way that they cannot be dealt with separately without the prior consent of the Council
Except that in the case of land subdivided under the Unit Titles Act 1972 or the cross lease system, "site" shall be deemed to be the whole of the land subject to the unit development or cross lease. In determining the area of rear sites any access strip shall not be included in the calculation for that site.
Site Boundary means every property boundary line around a site including front, side and rear boundaries. Internal site boundaries exclude the boundary with the road.
Site Coverage means that portion of the net area of a site which is covered by buildings and:-
- Shall include overhanging or cantilevered parts of buildings.
- Shall include any part of the eaves and/or spouting projecting more than 750 mm measured horizontally from the exterior wall of the building; and
- Shall not include swimming pools not exceeding 1.2 m in height above existing ground levels, pergolas, slated open decks or similar structures of an open nature.
Street includes road, avenue, cul-de-sac, parade, lane and means a prepared surface or route for the movement of motor vehicles and people.
Structure in addition to its ordinary meaning includes any buildings, scaffolding, mast, pole, aerial, fence, wall or sign.
Temporary Activity means any land use or structure of a short-term duration of up to 12 months and buildings and scaffolding incidental to a construction project provided that they are dismantled within 5 days of the project's completion or 12 months, whichever is the lesser; sporting events, galas and uses of a similar character provided that they do not occur more than 5 days per year; hawkers carts and mobile shops which are licensed by the Council; and temporary buildings provided that they are moved off the site within 5 days.
Temporary Military Training Activity means an activity undertaken for Defence Purposes. Defence Purposes are those in accordance with the Defence Act 1990. The Defence Act also enables access to Defence Areas, which includes areas utilised for temporary military training activities to be restricted.
Tino Rangatiratanga means chieftainship, chiefly authority, full authority.
Travellers Accommodation means buildings primarily used to house travellers and includes hotels, motels, timeshare apartments, and backpackers hostels.
Vegetation Clearance means felling, clearing or destroying trees or any vegetation by cutting, crushing, draining, smothering, cultivation, spraying, or burning for any purpose including vehicle tracking. Clearance of vegetation shall have the same meaning.
Yard means a part of a site which is required by this Plan to be unoccupied and unobstructed by buildings from the ground upwards, except accessory buildings, eaves, balconies, bay windows, steps, porches and as otherwise provided by this Plan.