Sent: Wednesday, 6 November 2024
Subject: LGOIMA request - Lake Tarawera Sewerage Scheme - discretionary activity
Request received 13 October 2024
Under the Local Government Official Information & Meetings Act, I would like to request the following information;
On the Rotorua Lake Council Tarawera Sewerage Scheme (frequently asked questions) website it says;
Q: I maintain my septic tank, can I continue to use it?
No. Under Plan Change 14 Bay of Plenty Regional Council will no longer issue new consents for septic tank systems or renew consents for existing septic tanks. The Local Government Act requires that properties connect to a reticulated wastewater system if one is provided.
Q: I have an Aerated Waste Treatment System, can I continue to use it?
No. The Local Government Act requires that properties connect to a reticulated wastewater system if one is provided.
In Stavros Michael's letter from Rotorua Lakes Council dated 19th August 2024 it states;
"Under the BOPRC’s Plan Change 14 (OSET rules), septic tanks will no longer be allowed. Instead, an Advanced
Wastewater System with nutrient reduction will be required. Currently installed OSET systems that do not
have nitrogen reductions will therefore be non-complying."
In the Bay of Plenty Regional Council's LGOIMA request response on 10th October 2024 it says;
1. What rule or legislation determined septic tanks were illegal to use in the lakes areas in the Rotorua District - namely Lake Tarawera?
The On-Site Effluent Treatment (OSET) Regional Plan (August 2006), with plan changes in March 2011 and August 2014, regulates discharges from septic tanks.
Refer to Flow Diagram 1 and rule 6 in the OSET Plan. For the Lake Tarawera maintenance zone septic tanks became discretionary 1 December 2017.
3. When did BOP Regional Council ban the use of septic tanks in the lakes areas in the Rotorua District - namely Lake Tarawera?
Refer to the answers above. The rules require a Discretionary Activity Resource Consent to be applied for to operate a septic tank OSET system.
On the Bay of Plenty Regional Council it says;
Under section 79 of the Resource Management Act 1991, the rules in the current Operative On-Site Effluent Treatment Regional Plan will remain in force while the new provisions are being developed.
My questions to Rotorua Lakes Council are;
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?
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.
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.
