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Rule 43 Maintenance, repair, replacement, extensions, additions and alterations to structures

Rule 43 Maintenance, repair, replacement, extensions, additions and alterations to structures

Updated 23 November 2012 11:22am

The maintenance, repair, replacement, extension, addition to, or alteration of any existing lawful structure or any part of an existing lawful structure that is fixed in, on, under, or over the bed of any river or lake, including any associated:

  • disturbance of river or lake bed; or
  • deposition on the river or lake bed; or
  • temporary diversion of water:

(1) which is not allowed as a permitted activity by Rule 22; and

(2) which adds no more than whichever is the lesser of:

  • 5% to the plan or cross-sectional area of the structure; or
  • two metres in horizontal projection and one metre in vertical projection measured from the structure as it was on 25 January 1997 (the date the Proposed Plan was publicly notified); and

(3) disturbs sand, shingle, gravel, or other natural river or lake bed material over an area less than four square metres per lineal metre of structure measured along the length or breadth of the structure, with a maximum disturbance of 200 square metres for any structure

is a controlled activity, provided that it complies with the standards and terms specified below.


(1) No contaminants (including but not limited to oil, petrol, diesel, paint, or solvent) shall be released to water from equipment being used for the operation, or from any part of the structure which may have been used for the storage or conveyance of hazardous substances, and no refuelling of equipment shall take place on any area of river or lake bed.

(2) All material removed or demolished from the structure (or any part of the structure), and any excess material from the construction operation, shall be removed from the river or lake bed and disposed of in an appropriate manner.

(3) In any part of the river or lake bed covered by water in any water body identified in Policy 4.2.14 (Appendix 4 - Water bodies with important trout habitat (click here for a pdf Important Trout Habitat (146k))) the activity shall not take place between 31 May and 31 August.

(4) Car bodies or demolition rubble shall not be used as a structural material.

(5) Water is only diverted for the period that is necessary to carry out the works.

(6) All reasonable steps shall be taken to minimise the release of sediment to water.


(1) The consent holder shall notify the either the Manager, Consents Management, Wellington, or the Manager, Planning and Resources, Wairarapa, at least two working days before any work commences.

(2) A charge, set in accordance with section 36(2) of the Act, shall be paid to the Wellington Regional Council for carrying out its functions in relation to the administration, monitoring and supervision of the activity, and for carrying out its functions under section 35 (duty to gather information, monitor and keep records) of the Act.


The matters over which the Wellington Regional Council shall exercise its control are:

(1) the duration of the consent; and

(2) the taking and supplying of samples; and

(3) the carrying out of measurements, samples, analyses, surveys, investigations, or inspections; and

(4) the provision of information to the consent authority at specified times; and

(5) compliance with monitoring, sampling and analysis conditions at the consent holder's expense; and

(6) the payment of administration charges; and

(7) any measures to avoid, remedy or mitigate adverse effects on habitats and species; and

(8) any measures to avoid, remedy, or mitigate adverse effects on flood or erosion hazards; and

(9) the extent and nature of the disturbance to, or deposition on, any river or lake bed.

[(10) the maintenance of structures.]

In Rule 43, clause (10) of the matters over which control shall be exercised was inserted by Decisions on Plan change 1 to the Regional Freshwater Plan December 2002