The existing permitted activity rule for earthworks now applies to all earthworks.

For earthworks to be permitted, they must not:

• remain unstabilised after completion
  
  
• occur on contaminated land, or in a path of overland flow or flood plain, or in a drinking water protection zone
  
  
• allow soil or debris to enter a water body, a drain, an artificial watercourse, or the coastal marine area
  
  
• result in flooding, erosion, land instability, ponding, subsidence, or property damage beyond the boundary
  
  
• result in an exceedance of the receiving water standards after reasonable mixing
  
  
• discharge a hazardous substance
  
  
• discharge into any natural wetland or water body identified in a plan as containing mahika kai, wāhi tūpuna (sites of significance to iwi), inanga spawning area or an outstanding natural feature or landscape.

Additional to these permitted activity conditions, the following conditions apply to slope, area, and setbacks:  

• On a slope of less than 10° up to 2,500m² of earthworks in any consecutive 12-month period are permitted if setback at least 10m from a water body, a drain, an artificial watercourse, or the coastal marine area.

OR

• On a slope greater than 10° up to 2,500m² of earthworks in any consecutive 12-month period are permitted if setback at least 50m from a water body, a drain, an artificial watercourse, or the coastal marine area.

OR

• Earthworks between 2500 m² and 10,000 m² in any consecutive 12-month period are permitted if on a slope less than 10° and setback 50m from a water body, a drain, an artificial watercourse, or the coastal marine area.

The setback distances in the above rules do not apply to earthworks for riparian planting. 

If the earthworks do not comply with the above permitted activity conditions, a discretionary consent will be required and, if granted, will require best practice sediment control measures to be undertaken in accordance with an erosion and sediment control plan. 

Rule framework for managing sediment discharges from residential construction only.

Earthworks are permitted if:

• area of exposed earth is no more than 2,500m2 (in any 12-month period)
  
  
• earthworks do not occur within 10 metres of a water body, water race, drain or Coastal Marine Area (CMA)
  
  
• earthworks do not occur on contaminated land
  
  
• soil and debris are prevented from entering a water body, water race, drain or CMA
  
  
• the earthworks do not cause flooding, erosion, or land instability.
  
  

If earthworks do not meet all of the conditions listed above, a discretionary consent is required.

The use of an existing bore is permitted if:

• The bore head is maintained in accordance with section 2.5 of NZS 4411:2001 Environmental Standard for Drilling of Rock and Soil and prevents the entry of contaminants, uncontrolled leakage, and the mixing of water from different aquifers
• the bore has a functioning backflow prevention device fitted to the bore head
• there are no hazardous substances located within 20 metres of the bore
• records of maintenance and repairs are submitted to council within 10 working days.
  
  

If an existing bore does not comply with the conditions above, a controlled consent must be sought which may require the bore to be repaired or altered to ensure groundwater quality is protected.