December 2022

Kia ora koutou, 

The end of the year is fast approaching, and we wanted to take a moment to wish you a wonderful summer season and Meri Kirihimete - Merry Christmas!

Bay of Plenty Regional Council and the agencies we work alongside continue to work hard progressing consents for Rotorua’s lake structure owners and we would like to share our latest updates in this newsletter.

In this edition we cover:

• Replacement Consent Project updates (Lake Rotorua, Lake Tarawera, Lake Rotoiti and the Ōhau Channel)
• Consent decision for the temporary lowering of Lake Rotoiti
• Houseboats on the Rotorua Lakes
• Managing privately owned boat ramps and slipways to reduce the spread of pest species
• Maintenance and/or modifying jetties and other lake structures
• Works on and around Lake Edge Margins 
• Harbourmaster update

Update for Lake Rotorua, Lake Tarawera, Lake Rotoiti and the Ōhau Channel

Lake Rotorua

We have nearly completed sending out all the Lake Rotorua non-notified consents.

Lake Tarawera

Applications assessed as having minor or more than minor adverse cultural effects were limited notified; we are still working with Te Arawa Lakes Trust and Tūhourangi on the next steps in the process.

We may hold a pre-hearing meeting for the boatshed applications at Kariri Point (Boatshed Bay) assessed as having significant cultural adverse effects but for now we are still waiting for further information from the applicant. 

Lake Rotoiti and the Ōhau Channel

We have nearly completed sending out all the Lake Rotoiti non-notified consents.

Applications assessed as having minor or more than minor adverse cultural effects were limited, notified to Te Arawa Lakes Trust and the iwi and hapū groups with an interest in this rohe.

Te Arawa Lakes Trust (TALT) provided a submission, and a copy of this was sent to all applicable lake structure consent applicants.

Te Arawa Lakes Trust have asked to be heard at a hearing, which means that Bay of Plenty Regional Council (BOPRC) is obliged to hold a hearing and a commissioner(s) will make decisions on the applications, unless all issues can be resolved prior to a hearing.

BOPRC have facilitated two pre-hearing meetings with TALT and LRCA (Lake Rotoiti Community Association) representatives and although some issues have been resolved we are still working through this process.

Please note that throughout the process Regional Council staff and TALT have discussed the concerns raised and sought to find solutions. Council staff have also discussed issues and potential solutions with representatives of the LRCA.

A resource consent hearing is a formal public meeting to consider a resource consent application. A hearing provides an opportunity for the applicants and submitters to present their case to a neutral independent hearing commissioner before a decision or recommendation is made. 

Please note that consents that have been granted have been assessed against their environmental and cultural effects; they include appropriate mitigation measures as consent conditions. All lake structure consent applications are required to go through this process.

Consent decision for the temporary lowering of Lake Rotoiti

The change of consent application to allow the temporary lowering of Lake Rotoiti for a short 5-day period was granted in October by the Hearing Commissioners. The commissioners were interested in the reason for the application and the mitigation of any effects of the temporary event.

Special conditions have been imposed on the event, including that the lake must have reached a low trigger level of RL 278.945 m before the attempt to lower the lake can commence. This is likely to happen sometime during late summer or autumn. The target low level is RL278.850, so this is only another 95mm (about four inches) lower.

Bay of Plenty Regional Council can only undertake this minor lowering event once as a result of the consent change. But, due to the conditions relating to the “trigger level” imposed in the consent, they cannot plan for the event when they know rainfall is likely, and that it would rapidly refill the lake. It is subject to naturally low lake levels and this one-off event may happen sometime within the term of the consent.

The lowering is allowed for a 5-day period then Council is required to commence refilling the lake (if water is available, of course).

Council is also required to provide 2 days notification of the lowering attempt. Once the lower level has been reached then no other targeted lowering events are authorised by the consent.

Council staff will attempt to quickly drop the lake level to the target and bring it back into the normal operating range as soon as possible.

For more information, contact Andy Bruere, Bay of Plenty Regional Council: Andy.Bruere@boprc.govt.nz or 021 687 300.

Houseboats on the Rotorua Lakes

The Lakes A zone and the Operative District Plan both require resource consents for occupation of a boat as a household unit. There are various considerations for an activity of this type including wastewater disposal, visual and landscape effects and cultural effects to name a few. We would suggest making an appointment with Rotorua Lakes Council’s duty planner to discuss the likely information requirements in regard to any resource consent application before lodging a resource consent application. Contact them via phone number: 348-4199.

Te Arawa Lakes Trust are drafting their policy regarding houseboats on the Rotorua Te Arawa Lakes. Please contact the Te Arawa Lakes Trust consent team consents@tearawa.iwi.nz prior to placing a houseboat on the lakes as landowner approval may be required. 

There are some considerations from a Navigational Safety Bylaw viewpoint; these pertain to the below:

2.6.4 The owner or master of a vessel at anchor, moored, or berthed at a wharf, must ensure that it is securely fastened at all times and, if required by the Harbourmaster, maintain a person on board to keep watch.

We are encouraging comment on the bylaw review, tell us what you think here: Navigational Safety Bylaw | Participate BOPRC

BOPRC previously sought legal advice on houseboats in regard to anchoring and whether they are considered to be a ‘structure’ under the Resource Management Act 1991. The legal advice received said this depended on the method of mooring, the duration of mooring and possibly whether the vessel can move under its own steam or by sail. We would need more information from the houseboat owner to be able to advise on this.

Managing privately owned boat ramps and slipways to reduce the spread of pest species

The Rotorua lakes are unique in that there are 14 lakes located within close proximity to each other. There is a high risk of noxious weeds and pest fish being transported when lake users move from lake to lake.

Following the introduction of the Bay of Plenty Regional Pest Management Plan 2020-2030, biosecurity rules now apply to lake users using boats and jet skis to check, clean, dry and certify their vessels and trailers before launching into any of the Rotorua Te Arawa Lakes.

Bay of Plenty Regional Council’s Biosecurity and Consents Teams have been working with Te Arawa Lakes Trust regarding the management of private boat ramps and slipways. This is to ensure noxious weeds and pest fish are not entering or being transferred around the Rotorua Te Arawa Lakes.

Consent conditions for boat ramp and slipway owners will include the requirement to remove aquatic pest weeds by hand within a 3-metre radius of the structure because it can improve habitats for native species while limiting the spread of aquatic pest plants within the lake.

All aquatic pest plants as listed in the Regional Pest Management Plan (RPMP) removed from the 3-metre radius of the boat ramp/slipway must be managed/disposed of in accordance with the RPMP.

For more information on aquatic pest plants and disposal you can contact the BOPRC Biosecurity Team by emailing stop.pests@boprc.govt.nz

All consented boat ramps/slipways will be registered with Bay of Plenty Regional Council (BOPRC Biosecurity Team). Owners will be required to complete self-certification when launching vessels from the boat ramp/slipway; the BOPRC Biosecurity Team will be in contact during 2023 regarding the self-certification process.

Maintenance and/or modifying Jetties and other lake structures

Maintenance

Members of the public have a right to access and use any private jetty from public areas. For safety reasons owners must keep them maintained to a safe standard and must notify Bay of Plenty Regional Council in writing (email notify@boprc.govt.nz) before any maintenance takes place. Maintenance must not extend the structure beyond its existing footprint (including height), and it must be replaced ‘like for like’.

Please note: Most jetties on Rotorua Lakes will have consent conditions around exclusion periods for maintenance works; these normally are with regards to dab chick breeding season (September to December) and in some cases trout spawning season (May to August) – please ensure that any maintenance works done on jetties is not during these periods if applicable.

Modifying or changing existing lake structures

If you are looking to modify the lake structure so it’s no longer ‘like for like’, or so it sits outside of the existing footprint, then resource consent and approval from the lakebed owner would be required prior to any works being carried out. Te Arawa Lakes Trust (TALT) own most lakebeds in the Rotorua area, but some structures are within DOC owned marginal strips, or on Rotorua Lakes Council reserve. Consent from TALT after modifications have taken place will not be approved. Te Rua Wallace is the best contact at TALT to ask about modifying an existing structure. Contact details for the Te Arawa Lakes Trust can be found on their website.

• Keep an eye on pollution incidents on land, in water and air and report them to the BOPRC Pollution Hotline on 0800 884 883 which operates 24/7. You can also contact the hotline regarding compliance issues, such as diggers in our lakes or unexpected new structures.

• A reminder that ratepayers and residents need permission from TALT for lakes structures. 

Building code

When you are carrying out maintenance works, you need to ensure that building code requirements are met. Maintenance works on boat sheds or lake structures do require building consent where:

• a component has failed to meet the durability of the requirements of the Building Code - 50 years for structural components and 15 years for the likes of cladding systems.
• the footprint of any structure is altered (unless the structure is a jetty with a fall height of under 1.5m).

For more information on building code requirements please contact Rotorua Lakes Council.

Works on and around lake edge margins

The Rotorua District contains water bodies, and indigenous flora and fauna that support the variety of recreational opportunities that the district is known for. The District Plan has a role in the maintenance and enhancement of public access to and along the margins of waterbodies which also maintain and enhance natural character. Therefore, where appropriate, a proactive approach to maintaining and enhancing public access to these waterbodies is required.

One such proactive approach is to restrict activities which may impede the enhancement of public access.  The Rotorua Lakes Councils Operative District Plan therefore restricts “Buildings and structures (including lake structures and infrastructure) located within 25m of the edge of a Lake” (Rule PA-R1).

Even buildings which may not require a Building Consent can require a Resource Consent if located closer than 25m of a Lake edge. For more information on what constitutes a building please see attached Interpretation section of the District Plan (interpretation (rotorualakescouncil.nz))

If you are unsure about what whether or not your proposed project would require consent, please contact the Duty Planner at Rotorua Lakes Council – 3484199.

Harbourmaster update

The wild weather over the past three months has kept us busy replacing many of the navigation aids around the lakes in preparation for the expected busy summer ahead. On Rotoiti, the Okawa Bay lead markers have had a birthday and locals will notice many of the 5-knot buoys have been replaced with some shiny new ones. We are currently auditing the navigation aids and signs in Lake Tarawera with this work to be completed by early December.

New floating sign!

Recently we installed the new floating sign in Lake Ōkāreka (Acacia Bay) reminding all vessels that it is 600m to the 5-knots buoys and an open speed area. Hopefully this will improve compliance and reduce the volume of calls we have from this area. We will also be installing a similar sign on Lake Rotoiti beside the Otaramarae weed cordon. Every year we receive numerous calls around boaties not following the rules in these areas so hopefully this makes things much clearer!

Abandoned vessels

Abandoned vessels are somewhat of a recurring subject in the Bay of Plenty with the Regional Council unfortunately needing to deal with numerous boats every year. Priority is given to those that represent a pollution risk or those that could pose a navigation hazard. Under the Maritime Transport Act the Regional Council has the powers to remove vessels deemed to be abandoned. Recently our Maritime team pink stickered a vessel in Boatshed Bay to start the process for removal. Attempts so far to reach the owner have been unsuccessful. Our preference is of course to work with vessel owners to get a positive outcome for the boat and environment. Please, if you can assist with any details on this vessel pictured below, please contact us on 0800 5 KNOTS.

Wear your PFD

Tragically this year we have lost two kayakers in separate incidents on the lakes highlighting the need to carry (and wear) your lifejacket (PFD-personal floatation device). Conditions can quickly change to be deadly, and it is easy to be caught out. Our patrol teams this season will be checking every vessel, jet ski, kayaker and paddleboarder to ensure this rule is being followed. The rules are there to ensure everyone gets home safely!

Let us know!

The best way to report poor boatie behaviour or any navigational safety matters is to call our 0800 5 KNOTS call line. This is a 24/7 service and is worth calling as often we can redivert our patrols to an incident if we are close by.

Bylaw review

The Bay of Plenty Regional Council oversees maritime safety in the region under the Navigation Safety Bylaws required by the Maritime Transport Act (1994). The rules were established to help minimise the risk of fatalities, injuries, nuisance, accidents, collisions, and damage in Bay of Plenty navigable waters.

We are reviewing the Maritime Navigation Safety Bylaws for the Bay of Plenty region with the goal of having updated bylaws by mid to late 2023. The current bylaws have been in place since 2017 and we review them every five years. We are seeking feedback this summer to help guide changes to them. To see the timeline and to have your say have a look here; Navigational Safety Bylaw | Participate BOPRC

For more information on lake structures and the replacement consent process please visit www.boprc.govt.nz/lakestructure

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