Skip to main content Skip to footer
Menu
BOP councillors during a meeting BOP councillors during a meeting

Notified applications

When Regional Council receives a resource consent application, we do an assessment of its environmental effects. 

There are different ways to notify the public, depending on the effects of the consent application. If the environmental effects are more than minor, the resource consent will require public notification under Section 95A of the Resource Management Act. This means anyone in the community can make a submission on the application.

If you would like to make a submission on one of the following notified resource consent applications, please fill out the submission form or contact us on 0800 884 880 if you need any assistance.

Applications recently notified – submissions open

Whakatāne District Council has applied for resource consents for a Comprehensive Stormwater Consent for the Whakatāne Township (various locations within the urban and settlement areas identified in the application). Resource consents sought are:

  • To discharge stormwater to land, wetlands, and water from multiple locations within the urban areas and settlements subject to the application;
  • To undertake associated land disturbing activities and activities within the Coastal Marine Area (CMA) and/or watercourses;
  • To undertake maintenance activities on the stormwater network, including ongoing operations and upgrades (replacements, demolition and improvement works).

Submissions on this application close at 5:00pm on Wednesday, 19 June 2024.  

Documents

Applications recently notified – submissions closed

Allied Asphalt have applied to proceed with their resource consent applications via direct referral to an Environment Court Hearing, rather than to a council Hearing.

Related documents:

Any Submitters wishing to join the proceedings need to file the Form 33 with the Court by Friday, 29 September 2023.

Evidence

Applicant Evidence

Bay of Plenty Regional Council Evidence

Submitter Evidence

Joint Witness Statements

Allied Asphalts Ltd (the applicant) is an asphalt manufacturing company situated in Mount Maunganui.

The Applicant is applying to Bay of Plenty Regional Council (RM22-0649) for a new consent to discharge contaminants to air from its asphalt plant at 54 Aerodrome Road, Mount Manganui. This application is to replace their previous consent (62740) which expired on 30 July 2020.

The contaminants discharged to air and their sources are:

  • Fine particulate matter (PM10 and PM2.5) from the combustion of fuels, from the drying, tumbling and screening of aggregates and from the condensation of organic contaminants volatilised during the manufacture of asphalt.
  • Products of combustion of fuel: Sulphur dioxide (SO2)., Oxides of nitrogen (NOX), and Carbon monoxide (CO).
  • Volatile organic compounds from the heating of bitumen (benzene, acetaldehyde and formaldehyde).
  • Odour from the mixing of bitumen with heated aggregate, from the warm storage of bitumen and from the storage and handling of hot-mix asphalt.
  • Dust from site operation such as vehicle movements and materials handling.
  • Dust from demolition and construction.

The current asphalt plant has a processing capacity of up to 80 tonnes of hot mix asphalt per hour, the actual rate depends on the type of aggregate, moisture, product type and tonnage required. The applicant burns recycled oil fuels as an alternative to and/or to supplement natural gas. The applicant is proposing to construct a new asphalt plan to replace the existing one. This proposed asphalt plant will have greater throughput capacity than the existing plant, however, production volumes are expected to be similar to current volumes. The increased capacity will reduce the number of operating hours needed to produce asphalt, with increased overall efficiency and reduced emissions.

Compared with the existing asphalt plant, the proposed asphalt plant will have several significant advantages including:

  • Lower emissions of particulate matter with a predicted 78% reduction in 24-hour and annual PM10 and PM2.5 concentrations;
  • Lower energy consumption;
  • Lower greenhouse gas emissions; and
  • Alternative fuel capability.

This application is for the discharge of contaminants to air from the existing manufacturing plant, while the applicant constructs a new technically advanced plant on the same site and for the discharge from the new asphalt plant. In addition, a number of ancillary activities and consents are required, such as for the discharge of stormwater from the site, earthworks and disturbance of contaminated land. The redevelopment of the site includes updating the stormwater system, which will result in improved management of stormwater quality through diversion of potentially contaminated water to trade waste, and improved treatment stormwater runoff.

Once the new plant is commissioned and tested the current plant will be decommissioned. Should consent be granted, the applicant proposes that the changeover in plants is likely to occur within 18 months. The site has been used for asphalt manufacturing since 1970. The asphalt plant was last replaced in 1997.

The Applicant is applying to Tauranga City Council (RC29596) to redevelop their site, including the construction of a new asphalt plant, at 54 Aerodrome Road, Mount Maunganui, this includes:

Construct a new asphalt plant, with associated industrial land use and height exceedance;

  • Undertake earthworks and associated contaminated land disturbance;
  • Change the access configuration;
  • Emit noise as part of construction and ongoing operations;
  • Store and use hazardous substances; and
  • Discharge stormwater to the Tauranga City Council stormwater system.

Submissions on these applications close at 5.00pm on Monday, 12 June 2023. When making your submission, please clearly identify which of the two applications you are submitting on or where submitting on both applications be clear about your reasons and the outcome you are seeking. Where possible, please use each Council’s template submission form.

Documents:

Higgins Group Holdings Limited (the applicant) have applied for resource consent to discharge contaminants, being particulate matter 10 (PM10), odour, nitrogen dioxide (NO2), carbon monoxide (CO) and Sulphur dioxide (SO2), to air from the production of asphalt and associated yard activities at 92 Hewletts Road, Mount Maunganui.

The applicant previously held resource consent 63317 to undertake the same activity, this consent expired on 20 September 2020. The applicant lodged a replacement application more than six months prior to the expiry of their previous consent and therefore were automatically afforded the right to continue operating under their previous consent, under section 124(3).

The applicant has generally complied with their previous resource consent with exception to operations in 2011/2012.  Emission testing in October 2011 showed a significant non-compliance with the allowed limits of 250 mg/m3 (STP, dry) and 2.5 kg/hr for average concentration and mass emission. In response the applicant upgraded the scrubber and demister which brought the discharge back into compliance. Smoke and odour complaints led to an Abatement Notice and an Infringement Notice in 2022.

The applicant operates a parallel-flow drum mix, diesel-fired asphalt plant, which operates on a continuous basis, with the drum used to both dry and heat aggregate and mix liquid bitumen with hot aggregate to produce hot mix asphalt. The plant has a maximum production capacity of 60 tonnes per hour (tph). The plant is generally run daily from 7.00 am until 6.30 pm to meet average demand, however there are times when the plant runs through the night to meet demand. The annual maximum capacity of the plant production is 75,000 tonnes per year (tpy), whereas the historical maximum annual production has been 50,000 tpy. The applicant proposes to run the operation to have a maximum annual production of 50,000 tpy.

The plant is equipped with a venturi water scrubber to control particulate and other emissions. Combustion gases, dust, bitumen volatile matter and pyrolysis products are drawn by an induced draught fan through the venturi scrubber before being discharged to air via a 13 metre (m) high stack. The proposal is to continue operating at the historical maximum with no additional mitigation measures, meaning that the applicant’s contribution to the individual and cumulative effects of PM10 discharges within the Airshed are not changing from the historical max in 2019 (noting in 2020 and 2021 annual production was between 30,000-40,000 tpy).

Submissions closed on Thursday, 25 May 2023.

Related documents:

Hearing agenda

Te Puna Industrial Limited have applied to:

  • Bay of Plenty Regional Council for a new resource consent to disturb land as a result of earthworks, for the temporary discharge of sediment-contaminated stormwater to land associated with earthworks, and for the permanent discharge of stormwater to land where it will enter surface water, at their property located at 197 Te Puna Station Road, Te Puna. 

The proposed earthworks include the following:

  • Importation of fill material for pre-loading to achieve appropriate ground conditions and ground levels,
  • Earthworks to establish necessary landscape screening planting and bunds (including acoustic bunds), drainage swales, two stormwater treatment ponds and a wetland; and
  • Earthworks and construction of an internal private road and new intersection with Te Puna Station Road.

Permanent stormwater management from the site is proposed to be through a series of swales that drain to a stormwater treatment pond and artificial wetland, and ultimately discharge to the roadside drain and out to the Hakao Stream and Wairoa River; and

  • Western Bay of Plenty District Council (RC13360L) for resource consent to authorise development of the site at 297 Te Puna Station Road for industrial activities. The proposal requires resource consents for the following departures from the Structure Plan:
  • Development of a site in the Te Puna Business Park, not in accordance with the requirements of the structure plan,
  • Commencement of industrial activity prior to road intersection upgrades being completed,
  • Development and use of the site not in accordance with the staged sequence,
  • Commencement of industrial activity prior to landscape vesting being completed across Te Puna Business Park,
  • Development of a structure planned site without wastewater servicing,
  • Development not in accordance with the structure plan requirements for internal road layout,
  • Earthworks / filling in a floodable area,
  • Provision of industrial parking and loading spaces without sealing,
  • Proposed road greater than 100 metres in length,
  • Proposed site access within 200 metres of an adjacent access,
  • Development of a proposed building platform that is not free from inundation; and
  • A building greater than 100 square metres in area within Te Puna Business Park.

Submissions on these applications close at 5pm on Monday, 30 October 2023. When making a submission, please clearly identify whether your submission is to the district council or regional council or both applications. The regional council’s regional plan concerns issues that affect the coast, air, water or land. The district council’s district plan concerns the management of land use, and subdivision. Please be clear about your reasons and the outcome you are seeking. Where possible, please use each Council’s template submission form.

Documents

The application seeks resource consent for the use of 10,000 ha of coastal space for marine farming. Consent is sought for farming shellfish species including, but not limited to, Greenshell mussels, pacific oysters, and scallops as well as various New Zealand seaweed species.

The design and development of the marine farm is proposed to be established through an adaptive management planning framework which will provide the flexibility needed to allow for a dynamic approach to farming systems which responds to emerging technologies and markets as well as environmental changes, whilst providing the necessary safeguards to ensure the environmental impacts of marine farming activities are managed appropriately. The marine farm site is approximately 6 km offshore (west) from Te Kaha at the closest point to the shoreline.

Submissions on this application will close 5pm, 1 December 2023.

map map

Documents:

Rotorua District Council, trading as Rotorua Lakes Council (the applicant) is applying for a new comprehensive stormwater resource consent to authorise the discharge of urban stormwater (rainwater) throughout the Rotorua Urban Area. Rotorua Lakes Council have not previously held a comprehensive consent to discharge stormwater (rainwater) throughout the Rotorua Urban Area but have held multiple small scale stormwater discharge consents. This proposal seeks to amalgamate the existing stormwater discharge consents held by Rotorua Lakes Council into the one comprehensive consent.

Stormwater that is generated during rain events flows through the existing network which is made up of a series of pipes, culverts, open drains, roadside swales and streams, where it ultimately discharges to Lake Rotorua at the bottom of the catchment. There are also a number of detention ponds, swales, soakaways and large dams located throughout the catchment.

The application includes the discharge of stormwater throughout the existing, built urban area and will enable Rotorua Lakes Council to undertake the required maintenance of the existing infrastructure and upgrades to the existing stormwater infrastructure as required. It is proposed that maintenance and upgrades of the infrastructure will be undertaken to ensure the stormwater network continues to function well and is designed to the appropriate standards to
alleviate flooding and water quality issues over time.

It is proposed that the upgrades to infrastructure within the high risk catchments, where the most significant effects are experienced, will be prioritised initially, with a plan to focus on other (low risk) catchments over time.

It is noted that new infrastructure and any greenfield developments are not included in this application and will be authorised separately, as and when the development occurs.

Rotorua Lakes Council have requested that high risk sites zoned industrial are excluded from the comprehensive stormwater consent. This will mean that industrial sites will either need to comply with the relevant regional rules (DW R20) or seek consent for their site.

Location

The application is to discharge stormwater throughout the Rotorua Urban Area which expands across seven catchments being the Waitawa, Waingaehe, Puarenga, Utuhina, Waiowhero, Ngongotaha and Waiteti Streams where it ultimately discharges to Lake Rotorua which is shown in Figure 1 below.

map

Submissions on this application close at 5.00pm on 4 December 2023. When making your submission, please be clear about your reasons for submission and the outcome you are seeking. Where possible, please use the Bay of Plenty Regional Council’s template
submission form.

A copy of your submission must also be served on the applicant at the address given below, as soon as reasonably practicable after serving your submission on Bay of Plenty Regional Council.

Applicant’s address: Rotorua Lakes Council c/o Ann Nicholas, Principal Planner, Sigma Consultants, PO Box 553, Rotorua or via email at annn@sigmaconsult.co.nz.

Documents

Southern Generation Partnership Limited has applied to Bay of Plenty Regional Council for resource consent to carry out the following works within and adjacent to Lake Aniwaniwa, Galatea:

  1. Excavate gravel from the channel of the Rangitaiki River.
  2. Remove some debris islands (vegetation and sediment) that have formed in the Lake Aniwaniwa delta.
  3. Disturb land and soil due to deposition of excavated gravel, sediment and vegetation.
  4. Discharge sediment-contaminated water to land and water as a result of the lake bed disturbance and from the land drainage of deposited gravel and sediment.

The purpose of the works is to assist with lowering the lake water level and reducing backwater flooding effects in the upper reaches of Lake Aniwaniwa. 

The proposed gravel extraction is for the purpose of channel modification and will be carried out only in the main channel downstream of the Kopuriki Road Bridge and includes the following:

  • Gravel will be excavated from a 660 m long stretch of the Rangitāiki River bed starting 20 m downstream of the Kopuriki Bridge. The excavation area will be 660 m long,

15 m wide, with a depth of up to 1.5 m below the current riverbed level.  Excavation will not occur within 1 metre of the bank.

  • Excavation will be completed using a 30-tonne long reach excavator located on the dry riverbank.
  • Excavated gravels will be placed in compacted layers of the eastern riverbank adjacent to works and will be stockpiled for up to 3 years.

The proposed works to remove the debris islands includes two possible methods, with all excavated material deposited on the adjacent farm, the methods are as follows:

  1. a) Debris including sediment, gravel, and vegetation will be removed from the debris islands during the annual lowering of the lake so excavations occur in the dry bed, however equipment and machinery will require river crossings.
  2. b) Vegetation removal from the debris islands when the bed is under water will involve winch and dragging of small trees and vegetation from the deltas. Machinery will be located on the dry riverbank and debris when it reaches the bank will be lifted out with an excavator. 

Submissions close 5:00 pm on Wednesday, 13 December 2023.

Hearing Agenda

RM23-0389 Southern Generation Limited Partnership - Hearing Agenda

Documents:

Lawter NZ (the Applicant), has sought resource consent from the Bay of Plenty Regional Council to continue undertaking the discharge of contaminants to air associated with their on-site processes including processing of Crude Tall Oil, Crude Sulphur Turpentine, and other ancillary activities. These contaminants include Sulphur Dioxide (SO2), Particulate Matter (PM10, PM2.5), Nitrogen Oxides (NO2), and odour.

The Applicant currently holds resource consent 61693 which enables this activity. This consent expired on 30 June 2020, noting the Applicant has s124 rights to continue with the previously consented activity until a decision is made on this application.

Submissions close 5pm on Monday, 18 December 2023.

Documents

Recent decisions on notified applications

Southern Generation Limited Partnership have applied for resource consents associated with the extraction of gravel, sediment, and debris from the bed of Lake Aniwaniwa, deposit of gravel, sediment and debris to land and discharge of sediment contaminated water to land and water.

An Independent Commissioner acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 16 May 2024.

A draft suite of conditions is appended to the decision with a final set to be released in due course.

Bay of Plenty Regional Council - decision of Independent Commissioners

Tauranga City Council applied to the Bay of Plenty Regional Council and Western Bay of Plenty District Council to create physically and culturally safe access to Omanawa Falls, and to provide for a comprehensive ‘Omanawa Falls Experience’ tourist and recreation facility. The project is to be staged, with the immediate priority being the provision of safe access, including on-site parking, toilet facilities and managed access.

Consents applied for:

Bay of Plenty Regional Council application number RM21-0449:

  • Earthworks: rock scaling to stabilise a cliff face.
  • Vegetation clearance: as part of cliff stabilisation/rock scaling and to construct parts of the walking track.
  • Structure on the bed of a stream: construct a wooden platform next to the Omanawa waterfall pool (Omanawa River).

Western Bay of Plenty District Council application number RC13050L:

  • Signage: on-site and associated with an activity for which resource consent has been granted.
  • Significant Ecological Feature: the removal and clearance of native vegetation, earthworks and establishment of a public trail.
  • Heritage: for works within the surrounds of the Omanawa Falls Power Station.
  • Public Trail: the establishment and use of a public trail, viewing platforms and related signage.
  • Accommodation Facility: establishment for use by staff members or kaitiaki, within the visitor centre building.
  • Place of Assembly: the use of land, buildings and structures (public trail, carpark, toilet facilities, visitor centre and ancillary activities) involving the congregation of people for recreation and/or cultural tourism activities.

Independent Commissioners acting under delegated authority from the Bay of Plenty Regional Council and Western Bay of Plenty District Council made the decision to grant the applications on 4 May 2022.

Ziwi Limited has applied for resource consents to discharge contaminants to air (odour) associated with pet food manufacturing processes by application of heat within an enclosed plant at 18 Boeing Place, Mount Maunganui, Tauranga.

Independent Commissioners acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 14 April 2022.

 

Bay of Plenty Regional Council – decision of Independent Commissioners

Text: Ngāti Tūwharetoa Geothermal Assets (NTGA) applied to Bay of Plenty Regional Council to change consent conditions of consent 67151. The change sought would:

  1. extend the period that NTGA can discharge spent geothermal fluid to the Tarawera River from its East Bank Discharge Point (EBDP) by 14 years from 1 January 2021 to 1 January 2035;
  2. enable the contingency discharge of spent geothermal fluid to the Tarawera River between 1 January 2035 and 1 January 2040; and
  3. extend the timeframe to meet the contaminant limits outlined in consent 67151 from 1 January 2021 to 1 January 2035.

Two Independent Commissioners acting under delegated authority from Bay of Plenty Regional Council made the decision to grant the change application on 28 July 2021.

Read the full decision.

Ōpōtiki Marina and Industrial Park Limited applied to Bay of Plenty Regional Council for resource consent to construct a new marina and industrial park on their land at 1631 State Highway 2, Ōpōtiki.

Independent Commissioners acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 31 May 2023.

Affco applied for the renewal of four resource consents for the discharge of wastewater and stormwater from the meat processing facility to land and water.

Independent Commissioners acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 12 September 2022.

Bay of Plenty Regional Council Integrated Catchments Group applied for resource consent for the replacement of resource consent 64684, which relates to the construction of erosion and flood protection works within and adjacent to waterways across the Bay of Plenty region and at stream mouths along defined sections of the Bay of Plenty coastline.

An Independent Commissioner acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 26 December 2021.

Addiction Foods NZ Ltd (the applicant) has applied to discharge contaminants, being odour, to air from an industrial pet food operation at 240 Jellicoe Street, Te Puke. The applicant manufactures dry pet food and has done so at this site since 2007. Currently production operates between the hours of 4 pm until 8 am, but in some instances it is run 24 hours a day to meet demand.

An Independent Commissioner acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 10 November 2022.

Tauranga City Council has applied to the Bay of Plenty Regional Council and Tauranga City Council for resource consents for works to address flood risk in the Awaiti sub-catchment in Ohauiti.

An Independent Commissioner acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 19 December 2022.

Independent Commissioners acting under delegated authority from the Bay of Plenty Regional Council made the decision on 7 September 2023 to grant the applications for existing previously co nsented and previously unconsented structures in, on, over or under the bed of Te Rotoiti-kite-a-Īhenga (Lake Rotoiti) and Te Ohautanga ō Pōtaka Tawhiti (Ōhau Channel).

Documents:

Applications – under appeal

Creswell New Zealand Limited has applied to the Bay of Plenty Regional Council to:

  • Take a maximum of 5,000 cubic metres (m3) of groundwater per day (1,100,000m3 per year) for the commercial bottling of water;
  • Undertake earthworks associated with the expansion of the water bottling plant;
  • Discharge stormwater and treated process wastewater to water; and
  • Discharge treated sanitary wastewater to land.

Please note that part of the application is to replace consent number 20595 which expires 1 October 2026.

Location of the activity is at 57 Johnson Road, Otakiri.

Submissions have closed.

This application is under appeal.

Related documents

Further Technical Information can be supplied on USB on request to Regulatory Coordinators on 0800 884 880.

Hearing audio recordings:

Genera Limited has applied for resource consent to discharge contaminants into air from fumigation for quarantine application or pre-shipment application at the Port of Tauranga. The application is to continue, and modify, the fumigation activities authorised by existing resource consent number 62719.

The Applicant is seeking authorisation for the discharge of the following contaminants to air associated with the fumigation activities:

  • Methyl Bromide (MB);
  • Phosphine;
  • Ethanedinitrile (EDN).

As a result of the decisions of the Environmental Protection Authority (EPA) on the MB Reassessment and on the use of EDN, the Applicant has revised the Proposal to align the regulatory controls of the EPA with the resource consents. The fumigation activities are proposed to be undertaken within the Port and setback from the Port boundary by a buffer. The revised application includes detail on the methodology for undertaking the fumigation activities, including a number of Standard Operating Procedures specifically relating to the handling of fumigants. Specifically, the Application is for:

Methyl Bromide

MB is an odourless, colourless gas, used internationally as a broad spectrum fumigant. MB is of high toxicity by oral, subcutaneous and inhalation routes of exposure. MB is also a known irritant to the eyes, skin and mucous membranes of the upper respiratory tract in humans. MB is an Ozone Depleting Gas (ODG). The use of MB is authorised in New Zealand for biosecurity use, as long as there is a continued reduction in its use and alternatives are used where possible.

The proposed fumigation process for MB includes:

  • securely containing the fumigation area;
  • the application of fumigant within the contained space;
  • the circulation of the fumigant for a specified period of time (depending on concentration requirements and material being fumigated);
  • the implementation of recapture technology (which includes sucking the fumigant out of the application area through a carbon filter); and
  • the managed ventilation of the fumigation area to allow for the dispersal of remaining fumigant.

Phosphine

Phosphine is a colourless, flammable, and explosive gas at ambient temperature that has the odour of garlic or decaying fish. Phosphine is widely used as a rapid acting fumigant that does not leave residue on the stored product as an alternative to MB. The Applicant is proposing to continue to use phosphine for fumigation activities of ship holds (when ships are in transit), cargo under sheets and grain/flour in containers. Fumigation events using Phosphine are typically for periods of 10 to 15 days.

EDN

EDN, also known as cyanogen, is a toxic, colourless gas with a pungent and penetrating almond-like odour. It has a boiling point of -21°C and is normally supplied as a pressurised liquid. The Applicant is proposing that the management of fumigation activities with EDN includes the use of buffer zones, active monitoring and an adaptive management monitoring regime. No recapture of EDN is proposed and controls would be put in place to manage venting.

The Revised Application utilises fumigation methodology so that ‘effective recapture’ is achieved for all MB fumigation activities. As such, the Proposal is considered as a discretionary activity under the Regional Natural Resources Plan. Previously, prior to the EPA Decision and the revision of the application, the Applicant had identified that in some instances effective recapture of MB is unable to be employed and as a result, the Proposal fell to be considered as a non-complying activity. A term of 10 years is sought.

Submissions

Submissions have closed.

This application is under appeal.

Hearing agenda

RM19-0633 Genera Limited - Hearing Agenda

Related documents

Advert Notification

Revised application documents

Application documents

Further information

Technical reviews

Evidence received

Ōpōtiki Marina and Industrial Park Limited applied to Bay of Plenty Regional Council for resource consent to construct a new marina and industrial park on their land at 1631 State Highway 2, Ōpōtiki.

Independent Commissioners acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 31 May 2023.