An Outstanding Natural Landscape or Outstanding Natural Feature is determined through a process that identifies whether the area has special values of such a degree that it is outstanding. The assessment considers the level of naturalness and other values including ecology, perception, cultural and historical values, and the way an area is used. We are required by law to recognise and provide for the protection of outstanding natural features and landscapes from inappropriate subdivision, use, and development.

The Resource Management Act (RMA) is the legislation that relates to all zoning and district/regional rules in New Zealand. It is set by the NZ Government. The RMA requires all Councils to identify Outstanding Natural Landscapes and Outstanding Natural Features and protect their values. It also requires Councils to decide which activities are appropriate in Outstanding Natural Landscapes and Outstanding Natural Features, and which activities would not be appropriate as they would damage the identified values.

The Council is required to make sure that the new Tasman Environment Plan meets the requirements of the RMA and therefore must include ONL and ONF areas and provisions. The legislation requires the Council to undertake this process and to ensure that future changes to the land by future landowners do not damage or destroy what is there now.

The landscape of the Tasman District is very diverse and unique, both geologically and ecologically; and, like the region’s varying climatic characteristics, the landscapes are consequently varied and distinctive. Identifying and protecting these areas will contribute to the special character of the district, have broad social and economic benefits, and meets the requirements of national legislation.

The Tasman District Landscape Study has assessed the whole district and drawn lines to identify the extent of the ONL and ONF areas. These lines identify the areas that have outstanding values and within which protection needs to be provided to meet the legislation requirements.

The methodology applied to identify the areas and draw the lines is set out in the Tasman District Landscape Study which can be accessed here. The best way to find out more about the methodology applied is to have a look at the Landscape Study, and this also explains the values and reasons for identifying the various areas.

The author of the Landscape Study is Bridget Gilbert (Bridget Gilbert Landscape Architecture Ltd), an experienced landscape architect based in Auckland. Bridget undertakes district wide landscape studies throughout the country and works with councils and developers on large scale policy and development projects that involve visual and landscape assessment. The Landscape Study has been peer reviewed by James Bentley (Boffa Miskell Ltd).

The lines show the ONL and ONF areas which are based on landscape qualities including landform and so often do not align with the artificial boundaries of properties which usually do not follow natural forms. In some cases, the property boundary is a clear change in land use or land cover and can form the ONL or ONF boundary.

National Parks and other conservation land is based in decisions under the National Parks Act or the Conservation Act and the decisions around where those boundaries lie is not related to the landscape qualities of the land. The boundaries of those areas do not always align with the appropriate locations for ONL and ONF areas which are assessed under the requirements of the RMA and so in many cases the edge of a National Park is not the right place to be the edge of an ONL.

The assessment of landscape values under the Landscape Study is undertaken based on many layers of landform, land cover, landuse etc as set out in the Landscape Study methodology, and these characteristics are not related to ownership. The inclusion of areas of private land within the ONL and ONF areas recognises the value and qualities of the land areas regardless of who owns them.

The methodology for assessing ONL and ONF areas is not related to public access or visibility, it relates to the values of the landscape as set out in the Landscape Study. There is no requirement for the land to be accessible to the public now and that will not be a result of the study or any rules that may apply in the future Tasman Environment Plan. Similarly, the ability for the land to be visible is not a requirement for considering its value from a natural perspective as is required under the RMA.

The lines shown in the maps with the draft Landscape Study released in April 2021 were drawn at a district wide scale and so when you look at them at a property level there is sometimes the ability to adjust them. One of the key reasons for consulting extensively with landowners it to check the lines on a property level and find situations where they may need to move to reflect the specific site conditions. In some situations the lines have moved substantially. The landowner engagement process has led to many changes to the lines, and these will be shown in the updated mapping due to be released late 2021.

The Council is required to do this assessment across the whole district and following best practice for the assessment and identification. The study cannot exclude any land parcels or choose to not apply the assessment or identification to any properties.

Working landscapes still have a degree of naturalness and can still be deemed outstanding on technical review. Some working landscapes have particular values where the geomorphology may be more visible than if the landscape were bush covered. The use of the land is not determinant of landscape values.

It may mean that there will be restrictions on your ability to do new activities on your land, however the level of management of the area will depend on the values that make it outstanding.

The decision on what rules to apply to protect ONL and ONF areas is based on what the values are that make the area outstanding and what rules are needed to protect those values. Each of the ONL and ONF areas have different values from wild open areas to complex deep valleys, from coastal areas to inland mountainous areas. These different values direct different rules for each area to focus directly on the values and activities that could threaten those values.

Commonly the rules that apply to ONL and ONF areas relate to substantial change that would have a damaging effect on values at a landscape scale. Typically, this relates to activities such as large scale earthworks, quarrying and mining, and large buildings. These activities usually have rules applied that require a resource consent as a discretionary or non-complying activity (or sometimes prohibited) where the applicant needs to prove that the proposal will not damage or destroy the values of the ONL or ONF. The intention is to have focussed rules such that some ONL areas may have restrictions on buildings where these would have a significant impact on the visual qualities of that landscape because of their visibility. Other areas may have restrictions on specific activities where that would change the naturalness of the area such as exotic plantation forestry.

The rules will also set out what activities are expected in these areas, including aspects of normal existing activity such as maintenance of existing tracks, fencing and small-scale farm buildings. These activities are commonly listed as permitted activities where resource consent is not needed if the proposal meets specified parameters e.g. buildings within a specified height or footprint. This provides certainty of what can be undertaken.

However, some activities need to be controlled through a resource consent process simply because the potential effects are unknown and could be acceptable if in the right place or very damaging in the wrong place. For example, a moderate sized building could have a high landscape impact if located on a ridgeline, and a low impact if located low in a valley or tucked into bush. The site-specific assessment can only be applied through a resource consent process as rules are a blunt tool that cannot consider activities on a site by site basis. The resource consent process enables the Council to ensure protection of landscape values, including giving the Council the ability to decline consent for inappropriate activities, while allowing flexibility of design and location within individual sites to ensure development is ‘the right thing in the right place’.

We are preparing the rules at present, based on the technical study and the feedback from landowners and stakeholders. We are using the information gathered to understand what the existing activities are, what ‘normal’ uses apply to the different areas, and what aspirations for change in the use of land are held by landowners.

The RMA requires protection of ONL and ONF areas from ‘inappropriate’ activities (also referred to as subdivision, use and development). Decisions around what may be ‘inappropriate’ revolve around what activities will damage or destroy the values that make the identified areas outstanding. The intent is to make it clear in the rules what activities are ‘appropriate’ and what are ‘inappropriate’. Examples of ‘appropriate’ activities include maintenance of existing tracks and development of small scale farm buildings, and ‘inappropriate’ activities can include large scale new open cast quarrying or mining. Activities that are ‘out of character’ are commonly those that are not existing in an area and are likely to be damaging to landscape values, and which are usually considered ‘inappropriate’.

The rules will not apply to existing legally established activities that are being undertaken at present. The rules will only apply to new activities or to a change in use that is beyond any existing use rights or where a consent has lapsed or expired.

Existing resource consents will continue to apply where they have been granted prior to any new landscape rules coming into effect. This relates to activities operating under resource consents now (as long as they continue to operate within the scope and conditions of that consent) and also to any activities that gain a resource consent approval prior to the new landscape rules coming into effect. Any changes to existing resource consents that are sought after the new landscape rules come into effect or any new resource consents will be assessed against the new provisions.

Existing use rights (in relation to the ONL and ONF areas) are established by section 10 of the RMA. This essentially states that land may be used in a manner that contravenes a rule if the use was lawfully established before the rule became operative and the effects of the use remain the same or similar in character, intensity, and scale. So activities that are legally established now and which continue to operate in the same or similar way will be able to continue after the new rules come into effect.

The new rules may restrict the ability for land to be used through requiring a resource consent process that can be declined if the proposal is determined to have significant adverse effects, be contrary to objectives or policies or inappropriate through the necessary tests under the RMA. The necessity to place such restriction on the use of private land comes from the requirement to give active protection to these ONL and ONF areas.

The landscape rules will not require you to do things to the land such as new fencing, pest and weed control, tree planting or similar activities. It may be that as part of a resource consent application to do a restricted activity, you may offer to provide beneficial works as part of the consenting package but the rules themselves will not actively require such activities.

No, the Tasman Environment Plan landscape rules will not require you to make your land open to the public. There are some other planning provisions that lead to new public access e.g. esplanade reserves considered at the time of a subdivision application, but these are through other processes.

The ONL and ONF lines / areas will be included in the mapping with the draft Tasman Environment Plan in 2024, as will the applicable landscape rules. This will allow public feedback. They will also be included in the proposed Tasman Environment Plan that will be publicly notified for formal submissions. However, the lines/areas and rules will not have legal effect until the decisions on the Tasman Environment Plan are released after formal hearing processes, which is unlikely to occur before late 2025.

The rules will be decided as part of the Tasman Environment Plan process and will be part of the public submission and hearing process that will be applied to the whole new plan.

The CE area includes the coastal marine area (CMA) extending out to the 12 nautical-mile limit and a relatively narrow fringe of coastal land around the coast. The landward boundary has been drawn to include the coastal areas where “coastal processes, influences or qualities are significant” and is based on the requirements of the New Zealand Coastal Policy Statement.

The Resource Management Act (RMA) is the legislation that relates to all zoning and district/regional rules in New Zealand. It is set by the NZ Government. Under the RMA is the national direction for coastal areas called the NZ Coastal Policy Statement (NZCPS).

The RMA and NZCPS require all Councils to identify the Coastal Environment and to assess the natural character of the CE. It also requires Councils to manage activities within the CE to protect values and natural character attributes.

The Council is required to make sure that the new Tasman Environment Plan meets the requirements of the RMA and therefore must include the CE area and provisions. The legislation requires the Council to undertake this process and to ensure that future changes to the land by future landowners do not damage or destroy what is there now.

The Tasman District Coastal Environment Study has assessed the whole district and drawn lines to identify the inland extent of the CE area and to assess the natural character within that area. The CE line identifies the areas that have outstanding values and within which protection needs to be provided to meet the legislation requirements.

The methodology applied to identify the CE and draw the lines is set out in the Tasman District Coastal Environment Study which can be accessed here [INSERT LINK]. The best way to find out more about the methodology applied is to have a look at the Coastal Environment study, and this also explains the reasons for identifying the various areas.

The author of the Coastal Environment Study is James Bentley (Boffa Miskell Ltd), an experienced landscape architect based in Christchurch. James undertakes coastal environment studies throughout the country at both a district and regional level. James also worked with a group of stakeholders representing a range of interests in the coastal space to gather documentation on all relevant values for the area. The Coastal Environment Study has been peer reviewed by Bridget Gilbert (Bridget Gilbert Landscape Architects).

The lines show the inland extent of the CE which is based on the criteria for determining the coastal areas where “coastal processes, influences or qualities are significant” and is based on the requirements of the New Zealand Coastal Policy Statement. The location of this line does not align with the artificial boundaries of properties which usually do not follow natural forms. In some cases the property boundary, or another feature in the landscape can prove to be a logical boundary to define the extent of the CE, especially in more modified environments, where indicates where coastal processes, influences or qualities are no longer significant or are sufficient reduced.

The assessment of CE location under the Coastal Environment Study is undertaken based on many layers of information as set out in the Coastal Environment Study methodology, and these characteristics are not related to ownership. The inclusion of areas of private land within the CE recognises the character of the land areas regardless of who owns them.

The methodology for assessing the CE is not related to public access or visibility, it relates to the characteristics of the land as set out in the Coastal Environment Study. There is no requirement for the land to be accessible to the public now and that will not be a result of the study or any rules that may apply in the future Tasman Environment Plan. Similarly, the ability for the land to be visible from the sea or to view the sea is not a requirement for considering whether it is within the CE area as is required under the RMA and NZCPS.

The lines shown in the maps with the draft Coastal Environment Study released in April 2021 were drawn at a district wide scale and so when you look at them at a property level there is sometimes the ability to adjust them. One of the key reasons for engaging extensively with landowners and key stakeholders is to check the lines at a property level and find situations where they may need to move to reflect the specific site conditions, at a more refined scale. In some certain situations, the line has moved markedly. The landowner engagement process has led to many changes to the lines, and these will be shown in the updated mapping due to be released late 2021.

The Council is required to do this assessment across the whole district and following best practice for the assessment and identification. The study cannot exclude any land parcels or choose to not apply the assessment or identification to any properties.

If your property is within the final CE, there may be restrictions on your ability to do new activities on your land, however the level of management of the area will depend on the qualities identified for your area and other factors such as landscape values and the condition of the natural character.

The decision on what rules to apply to protect the CE is based on what the characteristics are that make the area special and the level of natural character that the area has. Along the nearly 500km of Tasman’s coast there are many different land types, uses of land, natural character variations, and issues that relate to how land can be used. These differences direct a need for different rules to focus directly on the characteristics and protection of natural character.

Commonly the rules that apply to CE areas relate to substantial change that would have a damaging effect to the condition of natural character or to landscape values or other special features. Typically this relates to activities such as large scale earthworks, plantation forestry and large buildings. These activities usually have rules applied that require a resource consent as a discretionary or non-complying activity (or sometimes prohibited) where the applicant needs to prove that the proposal will not damage or destroy the key characteristics of that part of the CE.

The rules will also set out what activities are expected in these areas, including aspects of normal existing activity such as maintenance of existing tracks, fencing and small-scale farm buildings. These activities are commonly listed as permitted activities where resource consent is not needed if the proposal meets specified parameters e.g. buildings within a specified height or footprint. This provides certainty of what can be undertaken.

However, some activities need to be controlled through a resource consent process simply because the potential effects are unknown and could be acceptable if in the right place or very damaging in the wrong place. For example, buildings could have a significant impact in a coastal area with very high natural character or low impact in other coastal areas. The site specific assessment can only be applied through a resource consent process as rules are a blunt tool that cannot consider activities site by site. The resource consent process enables the Council to ensure protection of coastal characteristics, including giving the Council the ability to decline consent for inappropriate activities, while allowing flexibility of design and location within individual sites to ensure development is ‘the right thing in the right place’.

We are preparing the rules at present, based on the technical study and the feedback from landowners and stakeholders. We are using the information gathered to understand what the existing activities are, what ‘normal’ uses apply to the different areas, and what aspirations for change in the use of land are held by landowners. It is also important to note that other rules may apply in parts of the CE area such as the ONL and ONF rules or the coastal hazard rules.

The RMA and NZCPS require protection of the natural character of the CE from ‘inappropriate’ activities (also referred to as subdivision, use and development). Decisions around what may be ‘inappropriate’ revolve around what activities will damage or destroy the characteristics that make the identified areas special and particularly the areas of high or greater natural character. The intent is to make it clear in the rules what activities are ‘appropriate’ and what are ‘inappropriate’. Examples of ‘appropriate’ activities include maintenance of existing tracks and development of small scale farm buildings, and ‘inappropriate’ activities include large scale open case quarrying or mining. Activities that are ‘out of character’ are commonly those that are not existing in an area and are likely to be damaging to landscape values, and which are usually considered ‘inappropriate’.

The rules will not apply to existing legally established activities that are being undertaken at present. The rules will only apply to new activities or to a change in use that is beyond any existing use rights or where a consent has lapsed or expired.

Existing resource consents will continue to apply where they have been granted prior to any new landscape rules coming into effect. This relates to activities operating under resource consents now (as long as they continue to operate within the scope and conditions of that consent) and also to any activities that gain a resource consent approval prior to the new landscape rules coming into effect. Any changes to existing resource consents that are sought after the new coastal environment rules come into effect or any new resource consents will be assessed against the new provisions.

Existing use rights (in relation to the land based activities within the CE) are established by section 10 the RMA. This essentially states that land may be used in a manner that contravenes a rule if the use was lawfully established before the rule became operative and the effects of the use remain the same or similar in character, intensity, and scale. So activities that are legally established now and which continue to operate in the same or similar way will be able to continue after the new rules come into effect.

The new rules may restrict the ability for land to be used through requiring a resource consent process that can be declined if the proposal is determined to have significant adverse effects, be contrary to objectives or policies or inappropriate through the necessary tests under the RMA. The necessity to place such restriction on the use of private land comes from the requirement to give active protection to the coastal environment and its natural character.

The coastal environment rules will not require you to do things to the land such as new fencing, pest and weed control, tree planting or similar activities. It may be that as part of a resource consent application to do a restricted activity, you may offer to provide beneficial works as part of the consenting package but the rules themselves will not actively require such activities.

No, the Tasman Environment Plan coastal environment rules will not require you to make your land open to the public. There are some other planning provisions that lead to new public access e.g. esplanade reserves and marginal strips considered at the time of a subdivision application, but these are through other processes within the Environment Plan.

The CE lines / areas will be included in the mapping with the draft Tasman Environment Plan in 2024, as will the applicable coastal environment rules. This will allow public feedback. They will also be included in the proposed Tasman Environment Plan that will be publicly notified for formal submissions. However the lines/areas and rules will not have legal effect until the decisions on the Tasman Environment Plan are released after formal hearing processes, which is unlikely to occur before late 2025.

The rules will be decided as part of the Tasman Environment Plan process and will be part of the public submission and hearing process that will be applied to the whole new plan.

It is likely that the TEP will contain a range of protective overlays including:

• Natural character areas.
• Significant natural areas.
• Natural hazard risk areas (coastal hazards, flood hazards and land related hazards such as fault lines and subsidence).
• Aquifer recharge protection areas.

The RMA does not provide any mechanism for compensation for the restriction on the use of land.

Quantification of impact on land values has been attempted by some councils and is not conclusive. There is no data showing adverse impact on land values but there is perception and anecdotal commentary that there is an effect, some say positive and others say negative.

The ability for the Council to offer rates remissions comes under the Local Government Act and not the RMA, so is not directly linked to the protection of landscape values and coastal areas. As part of the Council’s usual review process for the rates remission policy the Council could in the future consider providing rates remission for protection of these areas or to landowners who have substantial land within the landscape or CE overlays.

The RMA does not provide any direct method for the Council to provide financial assistance in relation to the landscape and coastal environment areas, however the Council has a number of different funds that can assist landowners and community groups. These funds can assist in undertaken work that protects and enhances landscape values and coastal natural character.

These funds include:

• Rivers and Stream Management Fund
• Community Grants for organisations
• Catchment Enhancement Fund
• Golden Bay and Motueka Community Boards Discretionary Funds
• Special Grants Fund
• Community Conservation Partnership Fund

It is also important to note that outside the Council there are many different funding schemes that can contribute to protection and enhancement of landscape values and coastal natural character.

[NT1]Stef if you can find links for these great, but if not we’ll just not link through.

The identification of land within zones or overlays under the Tasman Environment Plan process does not enable the Council to acquire or take private land. The land will remain in the ownership and management of the landowner and is not being confiscated.

The RMA is the Government’s direction on how land can be used and managed. This legislation is the main law governing how people interact with natural resources. As well as managing air, soil, freshwater and the coastal marine area, the RMA regulates land use and the provision of infrastructure. People can use natural resources, including their private land, if doing so is allowed under the RMA or permitted by a resource consent.

The RMA includes requirements for local councils to put in place zones and rules, through District and Regional Plans, and these Plans state what activities can be done without resource consent and what activities need a resource consent. The purpose of this control is to manage the use of all land to ensure that there is protection of values and sustainable management of natural and physical resources.

The RMA includes many different requirements for protection of areas of special value and control of various activities, this in turn leads to layers of regulation on activities. The RMA and various national priority documents set out the layers of control over areas and matters such as biodiversity values (also referred to as Significant Natural Areas or SNAs), wetlands, freshwater areas (streams, rivers and lakes), areas subject to natural hazards, and sites and areas of historic and cultural heritage value. The local councils are required to put in place the rules that provide such protection and control. Beyond the RMA there is also other legislation that restricts how people can use their land e.g. Building Act controls. The proposed National Policy Statement for Indigenous Biodiversity will set out the objectives and policies to identify, protect, manage and restore indigenous biodiversity nationally and will state what the requirements will be within District and Regional Plans. It is currently indicated that this document will be delivered at the end of 2021.

While the Government is leading a reform process to replace the RMA with new legislation, in the interim the Council is required to continue to make progress with implementing the current law. It is likely that the protections for ONL and ONF areas and the CE will continue to be required in the same or a similar way under the new legislation. The current illustrative draft of the new legislation continues to include the requirement to protect the special landscapes and coastal areas.