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This part contains the following sections:-
Section 6 of the Resource Management Act 1991 requires Council to recognise and provide for the following as matters of national importance:
(b) The protection of outstanding natural features and landscapes from inappropriate subdivision, use and development: (c) The protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna: (e) The relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga.
Section 7(e) of the Act requires Council to have particular regard to the recognition and protection of the heritage values of sites, buildings, places or areas.
This Plan identifies three distinct types of heritage which, over time, have all contributed to the development of Clutha District’s unique character. Such contributions, Council believes, should continue to be recognised in the future progress of the District. The three types of heritage are:
· natural heritage · built heritage · cultural heritage.
In the context of this Plan, natural heritage includes natural features and landscapes, indigenous vegetation and habitats of indigenous fauna. Built heritage refers to historic buildings, structures, precincts and streetscapes. Cultural heritage includes the relationship of Maori and their culture and traditions with their ancestral lands, water, sites, waahi tapu, and other taonga, and sites of archaeological significance.
The other aspects of Section 6, such as the preservation of the natural character of the coast and margins of waters and access to these resources are dealt with in other sections of the Plan. The coast is specifically dealt with in Section 4.2, public access is dealt with in Section 3.8 Financial and Reserve Requirements, and the margins of waterbodies are dealt with in Section 3.6 Water and 4.1 Rural Resource Area.
The Historic Places Trust and the Maori Heritage Council also have roles to play in respect of the Districts heritage, particularly in terms of the identification, protection, preservation and conservation of historical and cultural heritage. The Trust is required to compile and maintain a register of historic places, areas, waahi tapu, and waahi tapu areas, and is to supply this to Council to assist in protection of these areas under the Resource Management Act 1991.
The Trust also has an advocacy role in respect of heritage issues, and may give Council notice of a requirement for a heritage order where it considers appropriate.
The Otago Regional Council may also be involved in the identification and protection of heritage resources when carrying out its duties under the Act.
The Department of Conservation manages the Crowns conservation estates and other natural and historic resources entrusted to it. The Department also has an advocacy role in respect of heritage resources for which it does not have a managerial role.
It should be noted that a significant majority of the District’s areas of significant indigenous vegetation and significant habitats of indigenous fauna are already protected under various Acts such as the Conservation Act and the Reserves Act. Most of this land has been identified on the planning maps in green and is listed in Schedule 6.1 (page 259).
The majority of this land is held or managed by the Department of Conservation. The remainder of this land is held or managed by the Clutha District Council, the Otago Regional Council, other Government Departments, private organisations and individuals. These bodies, with the exception of other Government Departments, are not exempt by Section 4 of the Act in respect of work and activities on these lands. However the legislation under which this land is held or managed, generally sets down rules and regulations governing the use of this land. As at the notification of this Plan, this includes land held or managed under the following Acts:
* Conservation Act 1987 * Reserves Act 1977 * National Parks Act 1980 * Historic Places Act 1993 * New Zealand Walkways Act 1990
Section 4 of the Act states that the Crown (and therefore the Department of Conservation) is bound by the Act except as provided for by Section 4 (2) and (3).
The Department is not bound by the Act for work or activities of the Crown that would otherwise contravene a rule in the District Plan carried out within any land held or managed under the Conservation Act 1987 and those other Acts specified in the First Schedule of that Act (other than land held for administrative purposes) that,
(a) is consistent with a conservation management strategy, conservation management plan or management plan established under any of these Acts, and
(b) does not have a significant adverse effect beyond the boundary of the site.
The Crown is also not bound by the Act for any work or activity of the Crown which is a land use in terms of Section 9 of the Act that the Minister of Defence certifies is necessary for reasons of national security.
Natural Heritage
· Loss of areas of significant indigenous vegetation held in private ownership due to a demand to utilise these areas for timber production and farming purposes.
Explanation Many of the District’s areas of significant indigenous vegetation do not have the benefit of some existing form of formal protection. Furthermore, the importance of protecting areas of significant indigenous vegetation is often in conflict with a landowner’s need to make a living off the land
· Modification and loss of significant habitats of indigenous fauna on privately owned land with a consequent threat to the survival of the District’s wildlife due to the effects of land development and recreational activities.
Explanation Threats to the values of wildlife habitats are primarily human-induced, for example, logging, repeated burning, extensive browsing, and conversion to pasture.
· The District contains a number of outstanding landscapes and natural features which are either productive environments or subject to development proposals.
Explanation Many of the District’s outstanding landscapes and natural features are productive environments, whose resources are utilised for farming, forestry or energy purposes. This is particularly so in the Catlins, Blue Mountains and the Waipori River Gorge. Other landscapes may be located in areas that are subject to development proposals (e.g. large scale production forestry in the Catlins or hydro electric power development in the Rongahere Gorge). Large parts of some of these areas are already protected (e.g. Catlins Conservation forest, Nugget Point Scientific Reserve) and are consequently of less concern to Council. Productive land uses can often contribute to landscape values of an area.
Built Heritage
· Modification and loss of significant historic buildings, structures, precincts and streetscapes due to a general lack of awareness and appreciation of historic values.
Explanation Previously buildings, structures, precincts or streetscapes with heritage value considered to be worthy of protection have not received a great level of awareness amongst the general public, nor have the reasons for protecting such items. Such heritage items have more than often been demolished rather than renovated or restored. Renovations that had been carried out have not always been sympathetic to the items heritage value.
· Some townships in Clutha District (for example Lawrence and Benhar) have a distinct character derived from the historical association of the town which, although often overlooked, is worthy of protection.
Explanation Previous modifications or development in these townships has often not been in keeping with the historic character of the township. In these particular places, the identity and sometimes the survival of the township is dependent on its association with its heritage values.
Cultural Heritage (cross reference to Section 3.2 Manawhenua)
· Lack of culturally appropriate protection for ancestral lands, water, sites, waahi tapu and other taonga which are important to the culture and traditions of Maori.
Explanation Previously a lack of knowledge and consideration of Maori culture, traditions, and protocol has resulted in the absence of sufficient and appropriate protection for the District’s cultural heritage.
To recognise the importance of, and provide for the appropriate protection, conservation, use and where possible, enhancement of the District’s natural, built, and cultural heritage resources.
To maintain a process of consultation with;
to ensure that the District’s heritage resource information is up to date and accurate.
Explanation Identifying and recording heritage resources in the District Plan is an essential first step in developing methods to protect and/or enhance them. This policy is also important in order to initiate greater public awareness of what resources have heritage value(s) and for what reason(s). (Refer Method HER.1)
With respect to identifying areas of significant indigenous vegetation and significant habitats of indigenous fauna within the District to; (a) undertake a study of the District to identify areas that include or provide for one or a combination of the following:
i) Habitat
or indigenous vegetation
ii) Habitat or vegetation which supports indigenous species that are listed in the New Zealand Local and Threatened Plant List (Cameron et al. 1995) or the Department of Conservation’s lists of species of priority for conservation action (Tisdall 1994).
iii) Habitat or indigenous vegetation formerly more widespread but now rare or under-represented (covering less than 10% of its former area) within the ecological district, ecological region, or nationally, or that is capable of restoration to a representative state.
iv) Habitat or vegetation that is representative of that which determined the original character of the ecological district or ecological region,
v) Habitat or vegetation that has unusual characteristics resulting from pre-historic or historical cultural practices or atypical environmental conditions.
vi) Wetlands that are listed as being of ecological or representative importance (WERI) by the Department of Conservation, and any other wetlands that would meet the WERI criteria.
vii) Indigenous vegetation or habitat that protects a freshwater fishery
viii) Areas of indigenous vegetation over 40 ha in extent.
ix) Indigenous forest in terms of the 1991 New Zealand Forest Accord: woody indigenous vegetation containing naturally occurring tree species which attain within the region 30cm diameter at breast height at maturity, and is either over 1 ha in area and with an average canopy height 6 m or more, or over 5 ha of any height.
x) An area of vegetation identified in a Regional or District Plan as catchment protection vegetation protecting soil or water values, .... .... and which functions in hazard mitigation
and to assess in accordance with the above criteria any identified areas as to whether they are significant in terms of indigenous vegetation and/or habitats of indigenous fauna
(b) investigate appropriate methods of protection for any areas or habitats identified, and
(c) provide interim protection for potential sites of significance until the District has been assessed in terms of (a) above.
Explanation Section 6(c) of the Act requires that Council provide for the protection of areas of significant indigenous vegetation and significant habitats of indigenous fauna as a matter of national importance. The majority of significant areas of indigenous vegetation and habitat of the District are held in public ownership, although there are a number of smaller areas held in private ownership which are considered significant. However, information available on these areas is inadequate and Council will therefore undertake an assessment of the District to identify and locate areas of significance. In the meantime, resource consent procedures will provide interim protection.
The policy sets out criteria which will be used to identify areas of potential significance. These will then be assessed in terms of criteria to determine their actual significance. The extent that an area meets one or more of the criteria will provide guidance as to whether it is significant, however, the fact that an area meets one or more of the criteria is not intended to necessarily be determinative of significance.
To identify the Districts outstanding natural features and landscapes and, where appropriate, protect them from inappropriate subdivision, use and development.
Explanation Section 6(b) of the Act requires Council to recognise and provide for the protection of outstanding natural features and landscapes from inappropriate subdivision, use and development, as a matter of national importance. However, this is not an objective of the Act on its own but is accessory to achieving the principal purpose of the Act, the promotion of the sustainable management of the Districts natural and physical resources.
Consequently, when implementing the policy through Method HER.5. Council will also give significance to the fact that many of the outstanding natural features and landscapes of the District are also environments that sustain the livelihood of many of the District’s people. Buildings, structures, shelter belt and forestry plantings, are therefore part of the sustainable management of these areas. Tree planting may in fact be the only sustainable activity in landscapes subject to weed invasion or erosion.
To conserve the heritage values of those buildings and structures, identified in the Register of Heritage Items contained in Table 13.1.
Explanation Adequate formal protection for these items is essential to ensure their heritage values are not modified or lost.
To identify and where appropriate protect areas of the District with a marked concentration of historical buildings, structures, or features.
Explanation A number of areas in the District (for example, Lawrence, Benhar, Gabriels Gully) are notable for a concentration of heritage buildings or features. These areas are not only a valuable resource for their historic importance but also for economic potential (in terms of tourism etc) to both the town itself, and the District as a whole. The establishment of “heritage precincts” is one way to maintain the historical character of a place.
To encourage development that enhances the unique character of the District’s towns, particularly their commercial centres.
Explanation While not all buildings, structures, precincts or streetscapes have historical significance, in some towns a unique mix of these features creates a special character or atmosphere which is also .... .... worthy of maintaining or enhancing. Council shall encourage maintenance and development that is in keeping with, or enhances the special character or atmosphere of towns.
To encourage the retention, preservation and reuse of the District's built heritage.
Explanation Council recognises that it is not always appropriate or necessary to formally protect historic or significant buildings although such buildings may contribute to the character and amenity values of an area. In order to retain these buildings of lesser historical importance but which make a valuable contribution to a neighbourhood, Council will actively promote their retention and preservation.
To protect significant cultural heritage items which are not protected by the provisions of the Historic Places Act 1993.
Explanation While the Historic Places Act 1993 protects sites associated with human activity that occurred before 1900, whether or not they are registered by the Trust, Council recognises that some significant items (for example, waahi tapu, waahi taoka, sites of archaeological importance dated post 1900) not protected by these provisions are also threatened by potential modification or loss and require culturally appropriate protection.
Rule HER.1 Registered Heritage Buildings and Significant Trees
With regard to buildings and structures listed in Table 13.1 (page 108).
(i) Redecoration or restoration of any original features, details or fabrics is a permitted activity provided it is carried out in the same manner and design and with similar materials to those originally used and does not detract from the historical character of the registered item. Reason Works that are in keeping with, or are carried out to enhance the character of any historic building, structure, precinct or streetscape should be encouraged and accordingly resource consent is not seen as necessary.
(ii) Any alteration or addition proposed will first be considered as a non‑notified restricted discretionary activity. Council shall restrict the exercise of its discretion to matters of design, materials and colours used and any efect on the special character of the registered item. The written consent of the New Zealand Historic Places Trust is required.
Reason This rule allows a certain degree of flexibility regarding the development of registered items whilst still ensuring any development is in keeping with the historical character of the item.
(iii) Works which may modify, destroy or detract from the character of a registered building or structure shall be considered as a discretionary activity which Council shall both, publicly notify and serve notice upon the New Zealand Historic Places Trust and other such interested groups as it sees fit. (iv) Any work or activity (excluding minor pruning) which would adversely effect those trees listed in Table 13.2 (page 111) is a discretionary activity. ReasonThere may well / be a valid reason why a registered heritage item needs to be altered or demolished (for example, public safety) and consequently the discretionary resource consent procedure enables Council to relax the standards when legitimate circumstances can be shown.
Rule HER.2 Heritage Protection Order: Hoffman Kiln, Benhar
.(i) Area Subject to Heritage Order
On 31 July 1992, Council confirmed a requirement from the New Zealand Historic Trust for a Heritage Order for the following:
Building: Hoffman Kiln, Benhar, situated at the end of Benhar Road, and between the Main South Railway Line and Loop Road, Benhar.
Land: The land on which the kiln stands is known as Lot 10 DP 25340, and is part of the land in CT 17B/797 ‑ Otago Registry.
This land is bounded by Benhar Road, an unformed legal road, and the main South Railway.
The land to which the requirement relates is shown on planning map U10, and is identified as H12. The land area involved can be summarised as follows:
(ii) Effect of Heritage Order
No person may, without the prior written consent of the Historic Places Trust, do anything including · undertaking any use of land described in s9(4) of the Act, · subdivide any land, · change the character, intensity, or scale of the use of any land,
that would wholly or partly nullify the effect of the heritage order, and in particular the following restrictive conditions of the order shall apply:
a) In relation to the place
(i) No person shall alter, modify, extend, remove, damage or demolish the building known as the Hoffman Kiln, Benhar (as shown on Planning Map U10 Register No. H 12), or any part of that building, including all exterior and interior walls, the chimney, the roof of the building, and all remaining interior fittings and spaces.
(ii) No person shall carry out or permit to be carried out any activity which has or is likely to have an adverse effect on the safety or structural integrity of the building.
b) In relation to the surrounding area No person shall erect or place any structure or substance in or on or over any part of the land, or undertake any disturbance to the curtilage surrounding the Hoffman Kiln, Benhar, shown on Planning Map U10.
Rule HER.3 Activities Undertaken on Conservation and Reserve Land
Any work or activity (excluding the erection of buildings) undertaken by persons or bodies (including the Crown) on or within land held or managed under the Conservation Act 1987 and those other Acts specified in the First Schedule of that Act, is a permitted activity provided that,
· •it is consistent with the particular Act under which the land is held, or any management strategy or plan developed under that Act, and
· •it is consistent with the general rules of this Plan and the rules of the stated underlying Resource Area, and
· •it does not create a significant adverse effect beyond the boundary of that land, and
· •notice is given to Council of the intention to carry out any such work or activity that outlines the intention and nature of the work or activity and how it complies with the points above.
Any activity that does not comply with this rule and the erection of buildings shall be considered as a discretionary activity.
Reason The rules relating to resource use within these lands are generally set out by the relevant Act. Therefore Council need only intervene when the objectives of the Act are not being achieved or there is a significant effect generated outside the boundary of the land concerned.
Council, as well as applicants submitting resource consent applications or applications for plan changes, shall consult with the appropriate person(s) from the Department of Conservation, Historic Places Trust and other relevant Heritage Protection Authorities, and iwi regarding all matters arising that involve heritage issues.
Reason Consultation is an important part of the resource management process and, in the particular case of heritage resources, it is essential to ensure that all sites and items are identified, recorded and accorded the appropriate levels of protection.
Method HER.2 Register of Heritage Items
(i) Historic Places Act
Section 34 of the Historic Places Act 1991 requires the Historic Places Trust to maintain, and supply to Council, a record of registered .... .... historic places, historic areas, waahi tapu and waahi tapu areas that are located in this District.
Council is required to keep this record available for public inspection during its usual business hours.
(ii) District Plan Heritage Register
Council has compiled a register of buildings, trees, sites etc of heritage value for inclusion in the Plan (see Table 13 at page 108). This register is comprised of the following:-
13.1 Register of Heritage Buildings This includes buildings registered by the Historic Places Trust (referred to in (i) above) and other buildings identified by Council through public consultation. The items on this list are subject to Rule HER.1(i) to (iii).
13.2 Register of Significant Trees This list has been developed by consultation with the public and comprises trees of historic or botanical significance or trees that are of landmark significance or contribute significantly to scenic and/or amenity values of a location The trees on this list are subject to Rule HER.1(iv).
13.3 Outstanding Natural Features and Landscapes
This list generally comprises landscapes identified by Council as having significance in terms of Section 6(b) of the Act. Rule RRA.15 page 210 and Method HER.5 applies to these sites.
This list comprises outstanding natural features that have significance in terms of section 6(b) of the Act. Rule RRA.16 page 211 applies to these sites.
13.4 Registered Archaeological Sites These archaeological sites have been registered by the Historic Places Trust. Method HER.3 applies to these sites.
These wetlands have been identified as being of ecological and representative importance within the Clutha District by the Department of Conservation and are sourced from the WERI (Wetlands of Ecological and Representative Importance), the SSWI (Sites of Significant Wildlife Interest) and the New Zealand Wetlands
Inventory. Rule RRA.13 page 210 applies to these sites.
Rule MAO.2 (page 66) applies to sites listed under this table. (see also Section 3.2.4 Waahi Tapu page 63)
9.7 Waahi Taoka Rule MAO.1 (page 66) applies to sites listed under this table (see also Section 3.2.5 Waahi Taoka page 64)
13.8 Sites of Outstanding and High Habitat Value Rule RRA.13 (page 210) applies to sites listed under this table.
Council may, from time to time, identify other buildings, structures, sites, landforms or landscapes it considers worthy of protection under the Plan, and shall, after adequate public consultation and the preparation of appropriate plan change, amend this Heritage Register accordingly. Any other person can also make an application to Council to amend the Register through the plan change procedure.
Method HER.3 Archaeological and Cultural Heritage
The Historic Places Act 1993 protects sites associated with human activity that occurred before 1900, whether registered by the Historic Places Trust or not. Those sites registered by the Trust are listed at Table 13.4 (page 116).
The procedure relating to any activity that may have the effect of destroying, damaging or modifying such sites is set out in Section 9 to 21 of the Historic Places Act 1993.
The District Planning Maps identify both Registered Archaeological sites (see Table 13.4) and archaeological sites identified by the Historic Places Trust in “Historic Places Inventory: Bruce, Clutha and Tuapeka” New Zealand Historic Places Trust, June 1986.
Reason Protection of archaeological sites is already adequately provided for by the Historic Places Act 1993, and consequently Council need not take any further action.
Rules MAO 1 to 3, (page 66) concern cultural sites and procedures important to Kai Tahu.
To fulfil its duty under Section 6(c) of the Act, Council shall undertake the following course of action;
(i) Engage the services of an appropriate expert in the field during 1996 to undertake an assessment of the District for the purpose of identifying areas of significant indigenous vegetation and significant habitats of indigenous fauna,
(ii) As a first step in providing for the appropriate level of protection of sites identified by the assessment to be undertaken under (i) above, Council shall consult with landowners to encourage the voluntary protection of those areas through sustainable management plans or the following methods of protection:
· Covenants under the QEII Trust, Conservation or Reserves Act. · rates relief · fencing subsidies · Land Acquisition Fund · Forest heritage fund · Nga Whenua Rahui · acquisition by public bodies (see Section 3.8) · management agreements
(iii) To work with affected landowners, the Department of Conservation, other affected bodies, and the wider community, to develop appropriate methods of protection of areas identified,
(iv) Initiate plan change procedures to implement the preferred approach identified under (iii) through the District Plan.
ReasonRule RRA.13 is considered an interim measure by Council to fulfil its duties under section 6(c) of the Act. The process outlined above will specifically identify areas of significance and will involve all affected parties in the development of the appropriate management approach for those areas.
Method HER 5. Potentially Outstanding Landscapes (Table 13.3(A))
It is recognised by Council that the areas listed in Table 13.3(A) are potentially outstanding landscapes in terms of section 6(b) of the Act.
Council shall undertake an assessment of these (and any other) areas for the following purposes.
· to identify the significance of the sites in terms of s6(b) of the Act. · to identify the features and characteristics that warrant protection · to identify the effects of activities that may have an adverse impact on those values · to develop objectives, policies and methods to protect those areas from inappropriate subdivision, use and development, while recognising that these areas often support productive uses that people derive their livelihood from.
Council shall in consultation with resource users and the community, undertake such an assessment to confirm whether the areas identified in Table 13(3A) and any other areas, qualify for inclusion in the plan as outstanding landscapes. The Council will use its best endeavours to have such work completed or near completion by the end of 1997 and will then prepare any necessary changes to the plan.
Until such time as this work is completed, activities in these areas are subject to Rule RRA.15 at page 210.
ReasonIn achieving the purpose of the Act, Council is required to recognise and provide for the protection of outstanding landscapes from inappropriate subdivision, use and development as a matter of national importance. (see section 6(b) of the Act). However, this is not an objective on its own but is accessory to achieving the principal purposes of the Act, the promotion of sustainable management of the Districts natural and physical resources. The landscapes listed in Table 13.3(A) have been identified because of their potential in terms of section 6(b) of the Act. Further assessment is needed to determine if they are in fact outstanding and if so, what values make them outstanding. The study may also identify other areas that are considered outstanding landscapes which are not currently listed in the plan.
As has been pointed out previously in this section, Council recognises these areas often support productive uses from which people derive their livelihoods (for example, the Catlins and the Blue Mountains). Consequently, Council considers the most appropriate option is to work with resource users and the community at large to assess the actual values and significance of these areas and to provide the appropriate level of protection where a landscape is found to be outstanding.
Council is also mindful that at least two of these sites could potentially be subject to development proposals that would effectively destroy their current values. Lake Tuakitoto overlays a significant lignite resource, while the Rongahere Gorge has been subject to investigation for the purposes of hydro electric power development. Natural heritage values are but one of the considerations for resource use and development in these areas.
Method HER 6 Community Projects
Council shall encourage communities to take responsibility for enhancing the unique character of their local environments by promoting the implementation of "Main Street" programmes, urban renewal programmes or beautification programmes in the District’s towns.
Reason Previous experience both in New Zealand and overseas has shown that the best results are achieved by encouraging the local communities to take responsibility for their own town's future. Programmes such as "Main Street" have been very successful at preserving the heritage values and character of towns, thereby installing community pride in those towns and initiating economic benefits of tourism, new business etc.
Method HER 7 Built Heritage
Council shall encourage individuals to restore and reuse buildings of heritage and/or amenity value by, where appropriate, assisting building owners with the provision of design information. Where appropriate, Council may give consideration to rates relief for restoration work to significant buildings.
Reason Council considers that the best way to provide the retention of District's heritage and amenity buildings (outside of those listed) is to provide advice and education on how best to re‑use and maximise the return on these buildings. A great deal of work has been done in this area by other local authorities that can also be applied to the Clutha District.
Method HER 8 Monitoring
In order to assess the effectiveness of these policies, rules and methods, Council shall monitor the following;
· the reuse or demolition of the District's built resources through analysis of building consents and demolition permits
· the effect of land use activities on indigenous vegetation, fauna and outstanding features and landscapes through monitoring resource consents, and through discussions with the Department of Conservation
· any new Historic Places Trust classifications.
3.5.6 ANTICIPATED ENVIRONMENTAL RESULTS
1. The significant natural heritage sites of the District will be protected from inappropriate use and development 2. The built heritage of the District’s towns will be preserved and enhanced. 3. Cultural heritage sites will be protected in a culturally appropriate manner.
TABLE 13 ‑ REGISTER OF HERITAGE BUILDINGS SITES AND OBJECTS
TABLE 13 1 ‑ REGISTER OF HERI T AGE BUILDINGS (REFER RULE HER.1(i)to(iii) page 103'
TABLE 13.2 REGISTER OF SIGNIFICANT TREES (REFER RULE HER.1(IV) PAGE 103)
TABLE 13. 2 REGISTER OF SIGNIFICANT TREES - (Continued)
Table 13.3A – Potentially Outstanding Landscapes (refer Rule RRA.15 (page 210) and Method HER.5 (page 106)
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