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are advised to consult with the relevant requiring authority and the
22.3 Earthworks Rules Civil Aviation Authority.

22.3.1 General Provisions / Cross Referencing iii Archaeological Sites

i District Wide Rules (a) All archaeological sites within the District are protected from
modification, damage or destruction by the Heritage New Zealand
(a) Attention is drawn to the following District Wide Rules that may Pouhere Taonga Act 2014. An archaeological authority may need to
apply in addition to the Section 22 Earthworks Rules. If District be obtained from the Heritage New Zealand prior to commencing
Wide Rules are not met then resource consent will be required earthworks.
in respect of that matter.
(b) Any item in the Inventory of Protected Features at Appendix 3 is
(i) Rural Areas (Section 5) and Appendix 5 for Areas of subject to the rules in Section 13 of this Plan.
Significant Indigenous Vegetation
(ii) Heritage (Section 13) and Appendix 10 for Heritage iv Resource Management (National Environmental
Landscapes Standard for Assessing and Managing Contaminants in
(iii) Transport (Section 14) Soil to Protect Human Health) Regulations 2011
(iv) Subdivision (Section 15) The status of some activities will be determined by the requirements of
(v) Hazardous Substances (Section 16) the Resource Management (National Environmental Standard for
Assessing and Managing Contaminants in Soil to Protect Human Health)
(vi) Utilities (Section 17) Regulations 2011. Reference should be made to the Ministry of
(vii) Relocated Buildings and Temporary Activities (Section Environment website for a copy of the regulations, user’s guide, and
19) latest version of documents incorporated by reference in the regulations.
This regulation will be applicable to earthworks on sites where a
“hazardous activity or industry [HAIL] has been, is more likely than not to
ii. Regional Plan/Airport Protection have been or is currently operating”.

(a) Some earthworks may also require consents under Regional v QLDC Earthworks Guideline
Plan provisions. Accordingly those who wish to undertake
earthworks are advised to consult the relevant Regional Plans. Reference should be made to “A Guide To Earthworks In The
Queenstown Lakes District” to assist in the achievement of the following
(b) Figures 1 to 4 of the District Plan identify the Airport Protection standards and best practice.
Inner Horizontal and Conical Surfaces for Queenstown and
Wanaka Airports and these are further described in 22.3.2 Activities
Designations D.3 and E.2. Those who wish to undertake
earthworks in the vicinity of Queenstown and Wanaka Airport
22.3.2.1 Permitted Activities

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(a) Any earthworks activity which complies with all the relevant Site (iii) That are associated with the construction of a house within an
Standards and is not listed as a Controlled, Restricted approved residential building platform.
Discretionary, Discretionary, Non-Complying or Prohibited
Activity shall be a Permitted Activity.

(b) The following earthworks activities are exempt from Rule 22.3.3i 22.3.2.2 Controlled Activities
Volume of Earthworks and Rule 22.3.3ii Height of cut and fill and
slope: (a) The following shall be Controlled Activities provided they are not listed
as a Permitted, Restricted Discretionary, Discretionary, Non-Complying
(i) Earthworks associated with the maintenance of farm track or Prohibited Activity and they comply with all the relevant Site
access, fencing, firebreaks and public recreational tracks. Standards:
(ii) Earthworks associated with the replacement and/or removal In the Open Space Zone - Landscape Protection the formation of
of a fuel storage system as defined and controlled in the cycling and walking trails (including boardwalks and viewing platforms)
Resource Management (National Environmental Standard for and associated earthworks, is a Controlled Activity, with matters in
Assessing and Managing Contaminants in Soil to Protect respect of which Council has reserved control being:
Human Health) Regulations 2011.
(i) The nature and scale of the earthworks
(iii) Earthworks that are necessary to ensure that property and
structures are protected from damage during extreme weather (ii) Environmental protection measures
events and earthworks of a remedial nature that are
necessary following such extreme weather events. (iii) Remedial works and revegetation

(c) Earthworks in the Ski Area Sub-Zones are exempt from the rules (iv) The effects on landscape and visual amenity values
in Section 22 of the District Plan.
(v) The effects on land stability and flooding
(d) Earthworks in any of the Special Zones that are listed in Section
12 of the District Plan except for the Rural Visitor Zone and (vi) The effects on water bodies
Frankton Flats B Activity Area E1 (for volume triggers only) are
exempt from the rules in Section 22 of the District Plan. (vii) The effects on cultural and archaeological sites

(e) Earthworks as listed in (i)-(iii) below are also exempt from the rules (viii) Noise.
in Section 22 of the District Plan:
(ix) The effects of earthworks on the natural character of wetlands,
(i) That are associated with a subdivision consented under Rule lakes and rivers and their margins
15.2.21; or
(x) The location of trails and viewing platforms.
(ii) That are associated with a subdivision consented prior to 29
(xi) The size of viewing platforms and boardwalks.
April 2016, or

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(xii) Cumulative effects associated with the number of other trails (a) Creation of a new cleanfill facility, providing that the cleanfill
within the Zone. material is strictly limited to acceptable materials being the
materials listed in the definition of Cleanfill.
22.3.2.3 Restricted Discretionary Activities Bulk Earthworks
(a) Earthworks that are not listed as a Permitted, Controlled, (b) Earthworks with a total volume of over 50,000 cubic metres.
Discretionary, Non-Complying or Prohibited Activity and that The maximum total volume of such earthworks shall be
do not comply with one or more of the Site Standards within Rule calculated per site, within one consecutive 12 month period.
22.3.3 shall be a Restricted Discretionary Activity.
22.3.2.5 Non-Complying Activities
(b) The matters in respect of which Council has reserved discretion
are:
The following are Non-Complying Activities, providing that they are
(i) The nature and scale of the earthworks not listed as Permitted, Controlled, Restricted Discretionary,
Discretionary or Prohibited Activities.
(ii) Environmental protection measures
Cleanfill Material
(iii) Remedial works and revegetation

(iv) The effects on landscape and visual amenity values (a) The introduction of any material other than an acceptable
material prescribed in Rule 22.3.2.4(a) into a cleanfill facility or
(v) The effects on land stability and flooding into any other earthworks.
(vi) The effects on water bodies Open Space Zone – Landscape Protection
(vii) The effects on cultural and archaeological sites (b) Earthworks not associated with the creation of cycling or
walking trails (including boardwalks and viewing platforms) and
(viii) Noise.
associated earthworks as provided for in Rule 22.3.2.2.
Cromwell-Frankton A National Grid Electricity Line
22.3.2.4 Discretionary Activities
(c) Any earthworks, cleanfill or mining activity which does not
The following are Discretionary Activities, provided they are not
comply with Rule 22.3.3viii(i)-(iii) with respect to the Cromwell-
listed as Permitted, Controlled, Restricted Discretionary, Non-
Frankton A National Grid Electricity Line.
Complying or Prohibited Activities

Cleanfill Facilities 22.3.2.6 Non-notification of applications

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Any application for resource consent for the following matters (a) Rural General Zone, Rural Visitor Zone and Gibbston Character
shall not require the written approval of affected parties and Zone:
shall not be notified or limited-notified:
(i) No road, track or access way shall have an upslope cut or
(i) Earthworks - except for earthworks involving special batter greater than 1 metre in height, measured vertically.
circumstances such as blasting, presence of substantial
groundwater or earthworks located within any required (ii) All cuts and batters shall be laid back such that their angle from
building setback from an internal or road boundary (unless the horizontal is no more than 65 degrees.
entirely within an approved residential building platform).
(iii) The maximum height of any fill shall not exceed 2 metres.
(ii) A breach of Rule 22.3.3 i Volume of Earthworks in Tier 5
Zones (see Table 22.1), except where the site adjoins a (b) All other Zones:
Residential Zone or Open Space Zone – Landscape (i) The maximum height of any cut shall not exceed 2.4 metres.
Protection.
(ii) The maximum height of any fill shall not exceed 2 metres.
Any application for resource consent in respect of Rule
22.3.3 viii Cromwell-Frankton A National Grid Electricity (iii) The vertical height of any cut or fill shall not be greater than the
Line with the written approval of the tower owner. distance of the top of the cut or the toe of the fill from the site
boundary (see Interpretative Diagram 6), except where the cut
22.3.3 Site Standards or fill is retained, in which case it may be located up to the
boundary, if less or equal to 0.5 metre in height.
i Volume of Earthworks
iii Fill
The maximum total volume of earthworks (m3) shall not exceed
that specified in Table 22.1. All fill for residential building platforms and associated retaining walls is
to be in accordance with the requirements of NZS 4404:2010 and/or
(a) The maximum total volume of earthworks shall be NZS 4431:1989 as appropriate.
calculated per site, within one consecutive 12 month
period. iv Environmental Protection Measures
(b) Volume shall mean the sum of all earth that is moved (a) Any person carrying out earthworks shall implement sediment
within a site and includes any combination of cut and fill, and erosion control measures to avoid sediment effects beyond
removing fill off-site and replacing fill on site - refer the boundary of the site.
Interpretive Diagrams 5 (a), (b) and (c).
(b) Any person carrying out earthworks shall implement appropriate
ii Height of cut and fill and slope dust control measures to avoid nuisance effects of dust beyond
the boundary of the site.
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(c) Areas of exposed soil are to be vegetated / re-vegetated
within 12 months from the completion of works.

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Table 22.1

Tier Zones Maximum Total

Volume
3
Tier 1 Residential Arrowtown Historic Management Zone 100m
Arrowtown Town Centre Zone
Town Centre Zone Special Character Areas
Makarora Rural Lifestyle Zone
3
Tier 2 Open Space Zone – Landscape Protection 200m
Heritage Landscapes
3
Tier 3 Low Density Residential Zone 300m
High Density Residential Zone (Sub-Zone C)
Township Zone – Hawea, Luggate , Albert Town, Makarora, Glenorchy, Kingston, Kinloch
3
Tier 4 High Density Residential Zone (Sub-Zones A and B) 400m
Rural Residential Zone
Rural Lifestyle Zone (except Makarora)
3
Tier 5 Business and Industrial Zones 500m
Town Centre Zones (except Arrowtown and Special Character Areas)
Queenstown Airport Mixed Use Zone
Frankton Flats Special Zone B Activity Area E1
3
Tier 6 Rural General Zone (except in an area containing significant indigenous vegetation (refer Rule 5.3.5.1v) and in Heritage 1000m
Landscapes)
Gibbston Character Zone
Rural Visitor Zone
3
Tier 7 Any zone not listed above in Tier 1 to 6 (except for those subject to Rule 22.3.2.1(c) and (d)) 100m

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v Water bodies (b) Where the sound from a construction activity is part of the
overall sound emission from an ongoing land use activity,
(a) Earthworks within 7m of the bed of any water body shall not then the overall sound level shall meet the relevant standard
exceed 20m³ in total volume, within one consecutive 12 within the zone in which the activity is located, or the higher
month period. of the two values for the duration of the earthworks activity.

(b) Any material associated with earthworks activity shall not be viii Cromwell-Frankton A National Grid Electricity Line
positioned within 7m of the bed of any water body or where
it may dam, divert or contaminate water. Any earthworks, cleanfill or mining activity within 12m of a support
structure (tower) or within 12m of the centreline of the Cromwell -
(c) Earthworks shall not: Frankton A line shall not:
(i) Exceed a depth of 300mm within 12m of any National Grid
(i) cause artificial drainage of any groundwater aquifer; support structure (tower) foundation.
(ii) cause temporary ponding of any surface water. (ii) Compromise the stability of a National Grid support structure.
(iii) Result in a reduction in the ground to conductor clearance
distances below what is required by Table 4 of the New
Zealand Electrical Code of Practice for Electrical Safe
vi Cultural heritage and archaeological sites
Distances (NZECP 34: 2001).
(a) Earthworks shall not modify, damage or destroy any waahi
Provided that the following are exempt from point (i) above:
tapu, waahi taonga or archaeological sites that are identified
in Appendix 3 of the Plan.
 Earthworks for a network utility within a transmission
(b) In the Rural General Zone, earthworks within areas corridor, as part of a transmission activity, or for electricity
identified as Ngai Tahu Statutory Acknowledgment Areas infrastructure (including generation infrastructure); or
shall not exceed 20m3 in volume.
 Earthworks undertaken as part of agricultural or domestic
cultivation, or repair, sealing or re-sealing of a road,
vii Construction Noise footpath, driveway or farm track; or

(a) Construction noise arising from earthworks activities shall be  Vertical holes not exceeding 500mm in diameter provided
subject to the limits in, and shall be measured and assessed they:
in accordance with, NZS 6803:1999 “Acoustics – i. are more than 1.5m from the outer edge of pole
Construction Noise”. This Standard covers sound from support structure or stay wire; or
construction work which is of a limited duration.

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ii. are a post hole for a farm fence or horticulture (d) Whether the proposed earthworks are associated
structure and are more than 5m from the visible with farming activities and will enhance operational
outer edge of a tower support structure foundation. efficiency including maintenance and improvement of
track access and fencing.
22.4 Resource Consents – Assessment (e) Whether the earthworks are to create a fire break
Matters and whether the area is identified on the Natural
Hazards Register as a high fire risk.
In considering whether or not to grant consent or impose conditions,
the Council shall have regard to, but not be limited by, the following (f) Whether the earthworks are associated with public
assessment matters: recreation trails that enhance recreational
opportunities and access.
i Nature and scale of the Earthworks
Note: Assessment matters in Rules 5.4.2, 5.8.2 and 12.5.2
may also be relevant in the context of the Rural General
(a) Whether the earthworks are a necessary part of
subdivision, development or access construction and Zone, Gibbston Character Zone and Rural Visitor Zone,
the extent to which the subdivision engineering respectively.
works, building or finished project will remedy the ii Environmental Protection Measures
effects of the earthworks.

(b) Whether the design of the finished earthworks is (a) Whether, and to what extent proposed sediment and erosion
sympathetic to natural topography, provides safe and control techniques are adequate to ensure sediment
stable building platforms and access with suitable remains on-site.
gradient.
(b) Whether appropriate measures to control dust emissions are
(b) Whether earthworks will be completed within a short proposed, including from associated transport on and off the
period, reducing the duration of any adverse effects. site.

(c) Whether the mitigation measures proposed, reflect (c) Whether the earthworks will adversely affect stormwater and
the level of environmental effects from the project. overland flows, and create adverse effects off-site.

(d) Hours of operation, including whether the activity will

In addition, in the Rural General Zone, Rural Visitor Zone and generate noise and vibration effects, which detract from the
Gibbston Character Zone: amenity values of the surrounding area.

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iii Remedial works and revegetation (e) Whether the location and/or design of any new tracking can
be modified in order to decrease the effects on the stability,
(a) The proposed rehabilitation of the site and to what extent re- visual quality and amenity values of the landscape.
vegetation will mitigate any adverse effects.
v Land Stability and Flooding
(b) The timeframes proposed for remedial works and
revegetation. (a) Where earthworks are proposed on a site gradient > 18.5
degrees (1 in 3), whether a geotechnical report has been
(c) The effectiveness of the remedial works and re-vegetation supplied to assess the stability of the earthworks
taking into account altitude and the alpine environment.
(b) Whether the earthworks will adversely affect the stability of
iv Effects on rural landscape and visual amenity values, neighbouring sites.
including on Outstanding Natural Features and
Outstanding Natural Landscapes. (c) Whether cut, fill and retaining are done in accordance with
engineering standards.
(a) Whether and to what extent, the scale and location of any
cut and fill will adversely affect: (d) Whether the earthworks will change surface drainage, and
whether the adjoining land will be at a higher risk of
(i) the visual quality and amenity values of the landscape; inundation, or a raised water table.

(ii) the natural landform of any ridgeline or visually (e) Whether and to what extent earthworks are necessary in
prominent area; order to undertake flood protection works recognising the
long-term benefits of effective flood mitigation measures on
(iii) the visual amenity values of surrounding sites. the surrounding environment.

(b) Whether the earthworks will take into account the sensitivity vi Water bodies
of the landscape.
(a) The effectiveness of sediment control techniques.
(c) The potential for cumulative effects on the natural form of
the existing landscape. (b) Whether and to what extent any groundwater is likely to be
affected, and if any mitigation measures are proposed to
(d) Whether and to what extent the earthworks create an area address likely effects.
that is inconsistent with the character of the surrounding
landscape. (c) The effects of earthworks on the natural character of
wetlands, lakes and rivers and their margins.

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In addition to the assessment matters above:
vii Impacts on Sites of Cultural Heritage Value:
(a) Whether and the extent to which the earthworks are an
(a) The extent to which the activity modifies or damages waahi integral part of subdivision and land use.
tapu or waahi taonga, and whether tangata whenua have
been notified. (b) Whether the effect of the earthworks will be temporary and
the extent to which revegetation and future buildings will
(b) The extent to which the activity affects Ngai Tahu’s cultural, mitigate the visual effects.
spiritual, historic and traditional association with a Statutory
Acknowledgment Area having regard to the relevant (c) Provision of engineering and geotechnical assessments that
provisions of the Kai Tahi ki Otago and Te Ao Marama reflect the scale of the bulk earthworks.
Incorporated Natural Resource Management Plans. (d) Whether there will need to be off-site disposal of excess
(c) Whether the subject land contains a recorded material and assessment of any traffic effects.
archaeological site, and if so the extent to which the (e) Whether a comprehensive site management plan has been
proposal would affect any such site and whether any supplied and the adequacy of sediment and erosion control,
necessary archaeological authority has been obtained from dust control, vibration and noise, traffic, hours of operation,
Heritage New Zealand. health and safety and any other measures employed to
(d) The extent to which earthwork activities adversely affect reduce the impact on residential neighbours and other
values within Heritage Landscapes of the District. sensitive receivers such as aircraft operating in the Airport
Protection Inner and Conical Surfaces for Queenstown and
(e) The extent to which earthworks activities have the potential Wanaka Airports.
to adversely affect heritage buildings or structures located in
close proximity to the site of the proposed earthworks and (f) Whether the use of legal instruments, such as a bond to
the adequacy of any avoidance or mitigation measures put ensure work is completed, are proposed.
forward to address such risks or effects.
ix Cleanfill Facilities and Cleanfill Material
Note: A recorded archaeological site is a site recorded via the
New Zealand Archaeological Association’s Site Recording (a) Whether the source and type of cleanfill material is suitable.
Scheme and information is available at www.archsite.org.nz.
(b) The suitability of the topography for cleanfill development
and whether the site has been demonstrated to be stable.

(c) Whether the location of a new cleanfill facility meets Policies

viii Bulk Earthworks
8.2 to 8.5

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(d) Whether a comprehensive site management plan has been
supplied and the adequacy of sediment and erosion control,
dust control, vibration and noise, traffic, hours of operation,
health and safety and any other measures employed to
reduce the impact on residential neighbours.

(e) Provision of plans addressing site rehabilitation, remedial

restoration works and timeframes.

(f) Whether the use of legal instruments such as a bond to

ensure work is completed is necessary and appropriate.

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