Lake Tarawera Discretionary Activity
Response
I refer to your email and LGOIMA request of 13 October 2024 (LGOIMA questions highlighted above) and provide the following responses to these LGOIMA questions:
1. Given the information above, can property owners in Lake Tarawera apply for a discretionary activity resource consent for an Advanced Wastewater system with nutrient reduction?
Yes, however if sewerage reticulation is available at the location when assessing the discretionary activity resource consent application, BOPRC staff would need to consider it against (amongst other matters) the policy direction which supports connecting to reticulation where it is available. Also, in accordance with the Discretionary Activity rule – see Rule 14(5) (https://atlas.boprc.govt.nz/api/v1/edms/document/A...) the application would need to be supported in writing by Rotorua Lakes Council, which would not be forthcoming if there is a sewerage reticulation system available at the location. These circumstances increase the likelihood of such an application having to be publicly notified with no guarantee a consent being granted at the end of the process.
2. Could Rotorua Lakes Council specify which clause in Section 459 under the Local Government Act 1974 which requires that properties connect to a reticulated waste water system is one if provided. Please provide the wording of that clause.
Under section 459 of the Local Government Act 1974, the relevant clause that requires properties to connect to a reticulated waste water system is clause 1(a):
459 Council may require owners of land in certain cases to provide private drains
(1) In respect of any land or building within the district, the council may, subject to sections 283 and 294(9) and to subsection (7), by notice in writing, require the owner thereof to do all or any of the following things:
(a) to provide, construct, and lay a private drain from any land or building which is not drained by some drain to the satisfaction of the council, and to connect that private drain with any public drain or watercourse or the sea, as the council thinks fit:
Therefore, if a reticulated wastewater system is available, council can require property owners to connect to the system.
3. Under Clause 7 (b) Section 459 under the Local Government Act 1974 it states; No owner shall be required to construct any private drain for the drainage of a building if the nearest part of that building is situated more than 60 metres from the public drain, or watercourse, or sea to which it is connnected.
Does the Clause 7 (b) Section 459 under the Local Government Act 1974 legislation apply to Lake Tarawera properties? ie. no requirement for those buildings that are situated more than 60 metres from the public drain, being the public mains sewerage pipe.
Industry practice is that the 60 metre measurement is the distance from the boundary of the property to the point where the private drain would connect to the public drain, watercourse, or sea.
