Notified applications

Tonkin & Taylor have applied on behalf of Western Bay of Plenty District Council to the Bay of Plenty Regional Council and Western Bay of Plenty District Council for resource consents to establish a coastal pathway and boardwalk on land and within the Coastal Marine Area (CMA), including occupation of the CMA, associated earthworks and native vegetation disturbance of land and within the CMA, a significant ecological, significant landscape feature and indigenous biological diversity area A (IDBA-A) and mangrove removal within an IDBA-A.

Bay of Plenty Regional Council (RM25-0583) for resource consent for:

• The construction and occupation of a structure within the CMA and IBDA-A (partial) and associated trimming, removal and clearance of native vegetation on land and within the CMA, foreshore and seabed and removal of mangroves within the CMA and the IDBA-A; and

Western Bay of Plenty District Council to the Western Bay of Plenty District Council (RC14883L) for resource consent for:

• The construction of a public trail associated earthworks and vegetation removal and clearance within a feature of ecological significance and vegetation and clearance within 50 metres (m) of the mean high springs (MHWS) in the Tauranga Harbour Outstanding Landscape Feature (S8a) and earthworks within an area susceptible to coastal inundation.

Location

• Southern end of Dr North Memorial Reserve (LOT 32 DPS 10394 – Local Esplanade Reserve);
• Northern end of the Seaforth Road Coastal Walkway (SEC 94 Block II Katikati DC SO 47352 – Bowentown Domain Recreational Reserve); and CMA adjacent to reserves and within the Waiau Estuary.

Submissions on this application close at 5:00pm on Monday, 23 March 2026.

Documents:

Advert:

• RM25-0583 and RC14883L Advert 

Other documents

• Western Bay of Plenty District Plan Maps
• S95 Notification Report

Application documentation:

• AEE v2 
• Appendix A BOPRC application forms 
• Appendix B ROT Placeholder 
• Appendix C Planning Maps
• Appendix D Alignment Maps 
• Appendix E Concept Design Plans 
• Appendix F Assessment of Archaeological Effects 
• Appendix G Coastal Effects Assessment 
• Appendix H Ecological Impact Assessment 
• Appendix I Arboriculture Report 
• Appendix J Mana Whenua Consultation 
• Appendix K Landscape and Visual Assessment 
• Appendix K LVA Graphics 
• Appendix L Objectives and Policies Assessment 
• Appendix M Iwi Management Plan assessments 
• Appendix N Proposed Conditions 
• Appendix A BOPRC application signed forms 

Section 92 Request and Response:

• S92 Further Information Request letter 
• S92 Further Information Response 

Technical reviews:

• Engineering Technical Review – Land Based Section Only 
• Engineering s92 review (BOPRC points satisfied) – Land Based 
• Ahi Patiki Pathway Coastal Processes Review – Version 1 
• Ahi Patiki Pathway Coastal Processes Review – Version 2 
• Marine Ecology Technical Review 
• Marine Ecology Technical Review (including s92 matters) 
• Terrestrial Ecology Technical Review 
• Landscape Assessment Review (initial review and s92 matters request) 
• Landscape Assessment Technical Review (including s92 matters) 

Manawa Energy Limited has applied for resource consents to authorise the continued operation, use and maintenance of the Wheao Hydro-Electric Power Scheme in the Rangitaiki River Catchment – approximately 44 km east of Taupo and approximately 21 km southwest of Murupara.

The Wheao Hydo-Electric Power Scheme generates renewable electricity by damming, taking, diverting, using and discharging water from the Rangitāiki River, Wheao River and Flaxy Creek via the Flaxy Power Station and Wheao Power Station.

Please note that this is an application to replace consent numbers 20253 and 62487 which expire in 2026.

Submissions on this application close at 5:00pm on Thursday, 2 October 2025.

Documents:

• Wheao Application Cover Letter – 26 June 2023
• Wheao HEPS AEE Final – 26 June 2023
• Appendix A – Land Ownership Table – Maps
• Appendix C – Existing Consents
• Appendix D – Hydrolgeology – Pattle Delamore Partners
• Appendix E – Hydrology – Tonkin and Taylor
• Appendix F – Sediment – Tonkin and Taylor
• Appendix G – Aquatic Ecology – Dr Greg Ryder
• Appendix H – Whio (Blue Duck) – Wildlife Management Associates
• Appendix I – Natural Character, Landscape and Visual Amenity – Boffa Miskell
• Appendix J – Recreation – Rob Greenaway and Associates
• Appendix K – Dam Safety – Riley Consultants
• Appendix L – Effects Management Hierarchy Table 
• Wheao Further Information Memo All Technical Reports FINAL Aug 2025
• Wheao HEPS Draft Consent Conditions for Notification August 2025  
• Advert Notification
• Submission form template

Whakatāne District Council has applied for resource consents for a Comprehensive Stormwater Consent for the Whakatāne Township (various locations within the urban and settlement areas identified in the application). Resource consents sought are:

• To discharge stormwater to land, wetlands, and water from multiple locations within the urban areas and settlements subject to the application;
• To undertake associated land disturbing activities and activities within the Coastal Marine Area (CMA) and/or watercourses;
• To undertake maintenance activities on the stormwater network, including ongoing operations and upgrades (replacements, demolition and improvement works).

Submissions on this application close at 5:00pm on Wednesday, 19 June 2024.  

Documents

• AEE - WDC CSC Consent Application
• AEE (minus appendices) - WDC CSC Consent Application 
• Appendix 01 - Whakatane Urban Area Stormwater Catchment Description - WSP
• Appendix 02 - Whakatane CSC Potential effects on ecology and water quality - Hamill
• Appendix 03 - Whakatane CSC Monitoring Plan DRAFT - Hamill
• Appendix 04 - Whakatane Urban Stormwater Modelling - WSP
• Appendix 05 - Whakatane Urban Catchment Management Plan DRAFT
• Appendix 06 - Existing Consents
• Appendix 07 - Asset Management Plan Stormwater 2018
• Appendix 08 - Stormwater Quality Monitoring Report - WSP
• Te Runanga o Ngati Awa as Cultural Impact Assessment WDC Comprehensive Stormwater Consent CSC
• TRONA-NGATI AWA PROTOCOL FOR DEALING WITH KOIWI OR TAONGA TUTURU OR SITES OF SIGNIFICANCE -WDC CSC
• Appendix 10 - Application forms
• Further Information Request
• Further Information Request - Clarification
• Advert
• Submission form template

Agenda

• Whakatane District Council - Hearing Agenda

Southern Generation Limited Partnership have applied for resource consents associated with the extraction of gravel, sediment, and debris from the bed of Lake Aniwaniwa, deposit of gravel, sediment and debris to land and discharge of sediment contaminated water to land and water.

An Independent Commissioner acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 16 May 2024.cx

A draft suite of conditions is appended to the decision with a final set to be released in due course.

Higgins Group Holdings Limited (the applicant) have applied for resource consent to discharge contaminants, being particulate matter 10 (PM10), odour, nitrogen dioxide (NO2), carbon monoxide (CO) and Sulphur dioxide (SO2), to air from the production of asphalt and associated yard activities at 92 Hewletts Road, Mount Maunganui.

The Hearing Panel acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 23 January 2024.

Allied Asphalt have applied to proceed with their resource consent applications via direct referral to an Environment Court Hearing, rather than to a council Hearing.

Related documents:

• Minute of the Environment Court – Friend of Submitters
• Minute of the Environment Court – Case Management Directions
• Letter to Submitters
• The Direct Referral Process – For Submitters (Ministry for the Environment)
• Bay of Plenty Regional Council and Tauranga City Council Section 87F Report
• Form 33 – Notice of Wish to be Party to Proceedings
• Notice of Hearing
• Environment Court NZ Decision and conditions
• Consent Conditions
• BOPRC Consent Appendix RM22-0649/01 - Infrastructure and Services Assessment
• BOPRC Consent Appendix RM22-0649/02 - Beca Resource Consent Responses
• BOPRC Consent Appendix RM22-0649/03 - Stormwater Trigger Levels
• BOPRC Consent Appendix RM22-0649/04 - Resource Consent Application
• BOPRC Consent Appendix RM22-0649/05 - Contaminated Site Management Plan
• BOPRC Consent Appendix RM22-0649/06 - Section 92 Further Information Requests and Responses
• BOPRC Consent Appendix RM22-0649/07 - Further Information
• BOPRC Consent Appendix RM22-0649/08 - Updated Air Quality Assessment
• BOPRC Consent Appendix RM22-0649/09 - Greenhouse Gas Emissions Reduction Plan
• BOPRC Consent Plan RM22-0649/01 - Location

Any Submitters wishing to join the proceedings need to file the Form 33 with the Court by Friday, 29 September 2023.

Evidence

Applicant Evidence

• Statement of Evidence - Brad Coombes
• Statement of Evidence - Brian Palmer
• Statement of Evidence - Craig Batchelar
• Statement of Evidence - Craig Batchelar Annexure 1 Updated Alternative Locations Evaluation
• Statement of Evidence - Craig Batchelar Annexure 2 Mount spatial Plan Comments Allied Ashalt
• Statement of Evidence - Craig Batchelar Annexure 3 Recommended consent Conditions - District
• Statement of Evidence - Craig Batchelar Annexure 3 Recommended Consent Conditions - Regional
• Statement of Evidence - Curtis Blyth - Erosion and Contaminated Land
• Statement of Evidence - Ilka Loubser
• Statement of Evidence - Jandre van Zyl - Flood Hazard Infrastructure
• Statement of Evidence - Jenny Simpson
• Statement of Evidence - Jim Maddock
• Statement of Evidence - Jonathan Garton
• Statement of Evidence - Judith Makinson
• Statement of Evidence - Lyn Denison
• Statement of Evidence - Mathew Cottle
• Statement of Evidence - Nathan McKenzie - Geotechnical
• Statement of Evidence - Sarah Shepherd - Hazardous Substances

Bay of Plenty Regional Council Evidence

• Evidence for BOPRC - Danielle Petricevich (Planning)
• Evidence for BOPRC - Emily Wilton
• Evidence for BOPRC - Robert Murray (Air Quality)

Submitter Evidence

• Statement of Evidence - Joel Ngatuere
• Statement of Evidence - Awhina Ngatuere
• Brief of Evidence - Toi Te Ora (Lou Wickham)
• Reply Evidence - Brian Palmer
• Reply Evidence - Craig Batchelar
• Reply Evidence - Dale Eastham
• Reply Evidence - Dr Lyn Denison
• Reply Evidence - Jenny Simpson
• Reply Evidence - Jonathan Garton
• Reply Evidence - Judith Makinson

Joint Witness Statements

• Air Quality
• Health Risk Assessment

Reply and Closing Submissions

• Clear the Air - Closing legal submissions
• Legal Reply Submissions - Toi Te Ora
• Ngati Kuku - Closing submissions
• Cooney Lees Morgan - Closing submissions
• Allied Asphalt Limited - Closing submissions
• Applicant's recommended consent conditions (Regional Council)

Allied Asphalts Ltd (the applicant) is an asphalt manufacturing company situated in Mount Maunganui.

The Applicant is applying to Bay of Plenty Regional Council (RM22-0649) for a new consent to discharge contaminants to air from its asphalt plant at 54 Aerodrome Road, Mount Manganui. This application is to replace their previous consent (62740) which expired on 30 July 2020.

The contaminants discharged to air and their sources are:

• Fine particulate matter (PM₁₀ and PM_2.5) from the combustion of fuels, from the drying, tumbling and screening of aggregates and from the condensation of organic contaminants volatilised during the manufacture of asphalt.
• Products of combustion of fuel: Sulphur dioxide (SO₂)., Oxides of nitrogen (NO_X), and Carbon monoxide (CO).
• Volatile organic compounds from the heating of bitumen (benzene, acetaldehyde and formaldehyde).
• Odour from the mixing of bitumen with heated aggregate, from the warm storage of bitumen and from the storage and handling of hot-mix asphalt.
• Dust from site operation such as vehicle movements and materials handling.
• Dust from demolition and construction.

The current asphalt plant has a processing capacity of up to 80 tonnes of hot mix asphalt per hour, the actual rate depends on the type of aggregate, moisture, product type and tonnage required. The applicant burns recycled oil fuels as an alternative to and/or to supplement natural gas. The applicant is proposing to construct a new asphalt plan to replace the existing one. This proposed asphalt plant will have greater throughput capacity than the existing plant, however, production volumes are expected to be similar to current volumes. The increased capacity will reduce the number of operating hours needed to produce asphalt, with increased overall efficiency and reduced emissions.

Compared with the existing asphalt plant, the proposed asphalt plant will have several significant advantages including:

• Lower emissions of particulate matter with a predicted 78% reduction in 24-hour and annual PM₁₀ and PM_2.5 concentrations;
• Lower energy consumption;
• Lower greenhouse gas emissions; and
• Alternative fuel capability.

This application is for the discharge of contaminants to air from the existing manufacturing plant, while the applicant constructs a new technically advanced plant on the same site and for the discharge from the new asphalt plant. In addition, a number of ancillary activities and consents are required, such as for the discharge of stormwater from the site, earthworks and disturbance of contaminated land. The redevelopment of the site includes updating the stormwater system, which will result in improved management of stormwater quality through diversion of potentially contaminated water to trade waste, and improved treatment stormwater runoff.

Once the new plant is commissioned and tested the current plant will be decommissioned. Should consent be granted, the applicant proposes that the changeover in plants is likely to occur within 18 months. The site has been used for asphalt manufacturing since 1970. The asphalt plant was last replaced in 1997.

The Applicant is applying to Tauranga City Council (RC29596) to redevelop their site, including the construction of a new asphalt plant, at 54 Aerodrome Road, Mount Maunganui, this includes:

Construct a new asphalt plant, with associated industrial land use and height exceedance;

• Undertake earthworks and associated contaminated land disturbance;
• Change the access configuration;
• Emit noise as part of construction and ongoing operations;
• Store and use hazardous substances; and
• Discharge stormwater to the Tauranga City Council stormwater system.

Submissions on these applications close at 5.00pm on Monday, 12 June 2023. When making your submission, please clearly identify which of the two applications you are submitting on or where submitting on both applications be clear about your reasons and the outcome you are seeking. Where possible, please use each Council’s template submission form.

Documents:

• Consents Notification Advert Joint
• Application Report Final
• Appendix 01 Application Forms BOPRC
• Appendix 01 Application Forms TCC
• Appendix 02 Site and Locality Plans
• Appendix 03 Certificates of Title
• Appendix 04 Existing Plant Description
• Appendix 05 Proposed Plant Description
• Appendix 06 Air Quality Assessment
• Appendix 07 Air Discharge Permit 64720
• Appendix 08 Infrastructure and Services Assessment
• Appendix 09 Hazardous Substances Risk Assessment
• Appendix 10 Preliminary Site Investigation (Contaminated Land)
• Appendix 11 Transportation Assessment
• Appendix 12 Noise Assessment
• Appendix 13 Erosion and Sediment Control Plan
• Appendix 14 Landscape and Visual Assessment
• Appendix 15 Preliminary Geotechnical Appraisal
• Appendix 16 Proposed Air Discharge Conditions
• Appendix 17 Policy Assessment
• Appendix 18 Consultation (Minutes 3 March Allied Tangata Whenua)
• Further information - s92 Report Final
• Further information - Appendix 1 RM22-0649 Further Information Request (002)
• Further information - Appendix 2 RC29596 s92(1) Request Letter
• Further information - Appendix 3 BM230156_54_Aerodrome_Road_LVA_Peer_Review_FINAL
• Further information - Appendix 4 101825_.s92AAL_2023.03.31
• Further information - Appendix 5 Beca Resource Consent Responses
• Further information - Appendix 6 Contaminated Site Management Plan
• Further information - Appendix 6 Contamination Assessment - Allied Asphalt Plant
• Further information - Appendix 6 Preliminary Site Investigation (Contaminated Land) (Rev2)
• Further information - Appendix 7 B21204-TR- -LTR
• Further information - Appendix 8 RC29596 - 54 Aerodrome Road - Further Information Request
• Further information - Appendix 10 Lt 001 20210691 MC S92 RFI Response
• Further information - Appendix 11 230411 4502 C2 Mount Maunganui Asphalt Plant Further Information Memo
• Further information - Appendix 12 12576135-MTM- Hui 08 March 2023 Final V2
• Further information - Appendix 9 Allied Asphalt_ Request for further information dated 28 February 2023 Geotechnical Matters
• BOPRC Submission Form
• TCC Submission Form

Ecocast Limited have applied for resource consents from Bay of Plenty Regional Council and Whakatane District Council/Kawerau District Council seeking to reconsent their existing vermicomposting activity and to expand the activity onto an adjoining site.

An Independent Commissioner acting under delegated authority from the Councils made a decision to grant the applications.

• RM24-0198 (BOPRC) and LL-2024-9983-00 (WDC) Decision
• KDC conditions
• RM24-0198 Consent Conditions
• BOPRC Consent Appendix RM24-0198 01 - Operating Management Plan
• BOPRC Consent Appendix RM24-0198/02 - Drinking Water Standards
• BOPRC Consent Plan RM24-0198/01
• BOPRC Consent Plan RM24-0198/02
• BOPRC Consent Plan RM24-0198/03

The Applicant has applied for resource consent to permanently discharge stormwater from the Tauriko West residential development area to water and onto or into land in circumstances where it may enter water. No consent to authorise the physical works (earthworks, landform modification, stream diversions etc) to construct the development or for the stormwater management structures (culverts and outfalls etc) have been applied for. These will be applied for by developers as the development proceeds.

Submissions closed 5pm on Friday, 9 August 2024. 

• RM24-0289 - Tauranga City Council Decision 2025-06-13

Genera Limited has applied for resource consent to discharge contaminants into air from fumigation for quarantine application or pre-shipment application at the Port of Tauranga. The application is to continue, and modify, the fumigation activities authorised by existing resource consent number 62719.

The Applicant is seeking authorisation for the discharge of the following contaminants to air associated with the fumigation activities:

• Methyl Bromide (MB);
• Phosphine;
• Ethanedinitrile (EDN).

As a result of the decisions of the Environmental Protection Authority (EPA) on the MB Reassessment and on the use of EDN, the Applicant has revised the Proposal to align the regulatory controls of the EPA with the resource consents. The fumigation activities are proposed to be undertaken within the Port and setback from the Port boundary by a buffer. The revised application includes detail on the methodology for undertaking the fumigation activities, including a number of Standard Operating Procedures specifically relating to the handling of fumigants. Specifically, the Application is for:

Methyl Bromide

MB is an odourless, colourless gas, used internationally as a broad spectrum fumigant. MB is of high toxicity by oral, subcutaneous and inhalation routes of exposure. MB is also a known irritant to the eyes, skin and mucous membranes of the upper respiratory tract in humans. MB is an Ozone Depleting Gas (ODG). The use of MB is authorised in New Zealand for biosecurity use, as long as there is a continued reduction in its use and alternatives are used where possible.

The proposed fumigation process for MB includes:

• securely containing the fumigation area;
• the application of fumigant within the contained space;
• the circulation of the fumigant for a specified period of time (depending on concentration requirements and material being fumigated);
• the implementation of recapture technology (which includes sucking the fumigant out of the application area through a carbon filter); and
• the managed ventilation of the fumigation area to allow for the dispersal of remaining fumigant.

Phosphine

Phosphine is a colourless, flammable, and explosive gas at ambient temperature that has the odour of garlic or decaying fish. Phosphine is widely used as a rapid acting fumigant that does not leave residue on the stored product as an alternative to MB. The Applicant is proposing to continue to use phosphine for fumigation activities of ship holds (when ships are in transit), cargo under sheets and grain/flour in containers. Fumigation events using Phosphine are typically for periods of 10 to 15 days.

EDN

EDN, also known as cyanogen, is a toxic, colourless gas with a pungent and penetrating almond-like odour. It has a boiling point of -21°C and is normally supplied as a pressurised liquid. The Applicant is proposing that the management of fumigation activities with EDN includes the use of buffer zones, active monitoring and an adaptive management monitoring regime. No recapture of EDN is proposed and controls would be put in place to manage venting.

The Revised Application utilises fumigation methodology so that ‘effective recapture’ is achieved for all MB fumigation activities. As such, the Proposal is considered as a discretionary activity under the Regional Natural Resources Plan. Previously, prior to the EPA Decision and the revision of the application, the Applicant had identified that in some instances effective recapture of MB is unable to be employed and as a result, the Proposal fell to be considered as a non-complying activity. A term of 10 years is sought.

Submissions

Submissions have closed.

This application is under appeal.

• RM19-0663 Decision 5th October 2023
• Consent conditions

Hearing agenda

RM19-0633 Genera Limited - Hearing Agenda

Related documents

Advert Notification

Revised application documents

• Request for Further Information - June 2022
• Approval document
• EPA decision document
• Combined Application Report RM19-0663
• Consent Conditions

Application documents

• Golder 'Technical Air Quality Assessment' - Rev 2 - October 2019
• Letter Genera - Draft Air Dispersion Modelling Report
• RM19-0663 2019-10-30 BOPRC Form 4c
• RM19-0663 2019-10-30 FINAL Genera Ltd - Air Discharge Consent Renewal Application 29 Oct 2019 - MAIN
• RM19-0663 2019-10-30 Genera Ltd - Resource Consent Renewal Application - Air Discharge
• RM19-0663 2019-10-30 Letter Genera - Application to Reconsent RC62719

Further information

• RM19-0063 2019-12-16 Genera replacement consent S92 Further Information Request
• RM19-0663 25 August 2020 Confirmation that recapture at 30% for log rows
• Further Information Provided 13 May 2020
• Further Information Provided 31 July 2020
• Further Information Provided 5 June 2020

Technical reviews

• ASG Review of Genera Air Modelling September 2020
• Kevin Rolfe review of Further information June 2020
• Kevin Rolfe Tech review 16 Dec 2019

Evidence received

• Applicant's Evidence - Statement of Evidence of David Baker
• Applicant's Evidence - Statement of Evidence of Nick Browne
• Applicant's Evidence - Statement of Evidence of Kieran Murray
• Applicant's Evidence - Statement of Evidence of Robbie Ramlose
• Applicant's Evidence - Statement of Evidence of Peter Cressey
• Applicant's Evidence - Statement of Evidence of Keith Frentz
• Applicant's Evidence - Appendix A KF Evidence Conditions Final
• 01 Submitter RM19-0663 Peter Spencer, Matariki Forests - Non-expert evidence
• 02 Submitter RM19-0663 Scott Brodie, AVA Timber (Parke James Pittar) - Non-expert evidence
• 03A Submitter RM19-0663 NZFOA
• 03B Submitter RM19-0663 NZFOA Submission - Appendix 1 - 2023 Patterson Economic-impacts-of-mountain-biking-in-production-forests-in-New-Zealand
• 03C Submitter RM19-0663 NZFOA Submission - Appendix 2 -Forestry and Wood Processing Industry-Transformation-Plan
• 03D Submitter RM19-0663 NZFOA Submission - Appendix 3 Forestry_Facts_and_Figures_2021_22
• 04 Submitter RM19-0663 2023-05-29 Don Hammond, Phytos (formally known as STIMBR) - Non-expert evidence
• 05 Submitter RM19-0663 2023-05-29 Mark Procter, TPT Forests - Non-expert evidence
• 06 Submitter RM19-0663 290523 MPI submission on Genera fumigation consent BOPRC
• 07 Submitter RM19-0663 2023-05-29 Draslovka - Statement of evidence
• 08 Submitter RM19-0663 2023-05-29 KiwiRail - Michelle Grinlinton-Hancock
• 08 Submitter RM19-0663 2023-05-29 KiwiRail - Simon Prevett
• 09 Submitter RM19-0663 20203-05-30 Port of Tauranga (Dan Kneebone) - Non-expert evidence

Environment Court Decision

• 2025 NZEnvC 189 Clear the Air Trust v Bay of Plenty Regional Council

Waste Management NZ Limited (the applicant/WMNZ) applied in 2016 for a new air discharge consent to replace their previous consent (64391) which expired on 30 April 2017. The applicant has continued to operate under their previous consent as per the rights provided by s124(3) of the Resource Management Act 1991 (RMA), as they met the requirements of s124(1), having lodged an application for the same activity more than six months prior to the expiry of the existing consent.

The applicant operates a waste oil recovery facility at 216-218 Totara St, Mt Maunganui. The facility (layout shown in Figure 2 below) collects used oils including ships’ slops (pumpable residue crude oil that is washed or scraped from the inside of petroleum cargo tanks on vessels) and lube oils, and processes them by dewatering, filtering and distillation to produce three re-processed oil products:

• Recovered lube oil;
• Recovered fuel oil; and
• Low flashpoint diesel oil.

The discharges to air from the waste oil recovery facility comprise of:

• Combustion gases including sulphur dioxide (SO2), particulate matter (PM10), carbon monoxide (CO), nitrogen dioxide (NO2) and trace constituents (heavy metals, hydrogen chloride and polyaromatic hydrocarbons (PAH)) from the thermal oil heater stack; and
• Fugitive emissions of hydrogen sulphide (H2S) from the process vessel passive vents and the water treatment plant, which have the potential to create odour effects.

Since the application was lodged the following has occurred:

• The Bay of Plenty Regional Council (BOPRC) started an air quality monitoring programme in the Mount Industrial Area in 2005. Currently, BOPRC operates nine monitoring stations within the Mount Maunganui Industrial Area, two of which are located within 600 m of the site, and within the immediate vicinity of Lawter, WMNZ, and Ballance. I note that there were previously 12 monitoring stations in 2018, however this has been amended due to technical and logistical issues;
• Proposed Plan Change 13 Air Quality to the Bay of Plenty Regional Natural Resources Plan (PC13) was notified on 27 February 2018, decisions have been released and appealed and Environment Court decisions received;
• The Mount Industrial Area was gazetted on 28 November 2019 as a polluted airshed (Mount Maunganui Airshed), based on monitored levels of Particulate Matter – size fraction 10 (PM10) breeching the limits set within the National Environmental Standards for Air Quality (NES-AQ) daily average (24 hour);
• A cumulative effects assessment of Sulphur Dioxide (SO2) emissions from the three main SO2 emitters (Balance, Lawters and Waste Management) was received in 2020 (commissioned by the Bay of Plenty Regional Council).
• WMNZ lodged an addendum to their application on 22nd November 2024 which included responses to a previously issued s92 further information request, along with an outline of all changes to on site operations since the initial 2016 application was lodged.

Documents

• WM Waste Oil Recovery Facility - s92 Response and addendum
• Application Form 4C - Discharge to Air
• Consultation Plan
• Tonkin & Taylor Air Quality Assessment
• Advert notification
• Submission form template

Agenda 

• Hearing Agenda 

Applicants Evidence

• Statement of evidence – Daniel Coleman
• Statement of evidence – Jenny Simpson and Appendix C (Summary of Odour Observations) 
• Statement of evidence – Romae Calland and Attachment B (Alternatives Assessment) 

Submitter Evidence

• Statement of evidence – Ngati Kuku 
• Statement of evidence – Manu Caddie 

Minutes

• Minute 1 
• Minute 2 
• Minute 3
• Minute 4

Reply Submission

• Reply submissions

Decision

• RM16-0434 and RM25-0300 final decision
• Appendix A RM16-0434 Consent conditions 19.1.26 
• Appendix B RM25-0300 

Lawter (N.Z.) Limited has sought resource consent from the Bay of Plenty Regional Council to continue undertaking the discharge of contaminants to air associated with their on-site processes including processing of Crude Tall Oil, Crude Sulphur Turpentine, and other ancillary activities. These contaminants include Sulphur Dioxide (SO2), Particulate Matter (PM10, PM2.5), Nitrogen Oxides (NO2), and odour.

The Hearing Panel acting under delegated authority from the Bay of Plenty Regional Council made the decision to grant the application on 1 May 2025.

• RM19-0753 & RM24-0623 - Lawter (N.Z.) Limited Decision 2025-05-01

Te Puna Industrial Limited have applied to Bay of Plenty Regional Council for a new resource consent to disturb land as a result of earthworks, for the temporary discharge of sediment-contaminated stormwater to land associated with earthworks, and for the permanent discharge of stormwater to land where it will enter surface water, at their property located at 197 Te Puna Station Road, Te Puna. 

Submissions closed at 5pm on Monday, 30 October 2023.

Documents

• Te Puna Industrial Limited – Decision Report
• BOPRC Conditions RM22-0010
• BOPRC Consent Appendix A – Geotechnical Memorandum
• BOPRC Consent Appendix B – Outline Wetland Establishment Plan
• BOPRC Consent Appendix C – Flooding Assessment
• BOPRC Consent Plan 01 – Site Location and Layout
• BOPRC Consent Plan 02 – Proposed Contour Plan
• BOPRC Consent Plan 03 – Cut and Fill Plan
• BOPRC Consent Plan 04 – Geotechnical Sections
• BOPRC Consent Plan 05 – Stormwater Layout
• BOPRC Consent Plan 06 – OLFP Long Section
• BOPRC Consent Plan 07 – Stormwater Treatment Pond
• BOPRC Consent Plan 08 – Stormwater Treatment Pond Cross-Sections
• BOPRC Consent Plan 09 – Overland Flow Path Catchment and Cross Sections
• BOPRC Consent Plan 10 – Stormwater Management Option 2
• BOPRC Consent Plan 11 – Pre-Requisite Works Locations
• WBOPDC Conditions RC13360L
• Maps and reports - To come

Documents

• Public Notification Advert for Website
• AEE Updated - Request for Public Notification
• Appendix 1 - Application Form BOPRC Form 2A - Earthworks Consent
• Appendix 1 - Application Form BOPRC Form 4A - Temporary Discharge Consent
• Appendix 2 - Certificate of Title
• Appendix 3 - DWG_001 - Site Plan
• Appendix 3 - MPAD Dwg 002 - Landscape Plan
• Appendix 3 - MPAD Dwg 003 - Workshop
• Appendix 3 - MPAD Dwg 004 - Alternative Workshop
• Appendix 3 - MPAD Dwg 11 - Structure Plan SW Management
• Appendix 3 - MPAD Dwg 12 - Alternative SW Management
• Appendix 3 - Updated WSP Site Plans
• Appendix 4 - Geotech Report by WSP
• Appendix 5 - Engineering Report by WSP
• Appendix 5 - Flooding Memorandum BOPRC s92
• Appendix 5 - Flooding Memorandum WBOPDC s92
• Appendix 5 - Golovin Flood Modelling Data
• Appendix 6 - Revised Traffic Report
• Appendix 7 - District Planning Rules Compliance Assessment
• Appendix 8 - Tangata Whenua Engagement
• Appendix 8 Addition - Latest Pirirakau engagement
• Appendix 8 Addition - Ngai Te Rangi
• Appendix 8 Addition - Ngati Hinerangi
• Appendix 8 Addition - Ngati Pukenga
• Appendix 8 Addition - Ngati Ranginui
• Appendix 8 TPIL - Pirirakau Engagement post-March 2023
• Appendix 9 - Combined Other Engagement
• Appendix 9 - Written Approval Waka Kotahi
• Appendix 10 - Planning History
• Appendix 11 - Detailed Site Investigation (Contaminated Land)
• Appendix 12 - Construction Noise and Vibration Management Plan
• Appendix 13 - Operational Noise Expert Responses to WBOPDC s92RFI
• Appendix 13 - Operational Noise Report - Revision E
• Appendix 14-16 - Landscape and Visual - April 2023
• Appendix 17 - Site Wide Site Management Plan
• 2023-01-16 - s.92 response BOPRC
• 2023-01-25 - s.92 Response WBOPDC
• 2023-09-12 - Cover letter to WBOPDC and BOPRC - s92 Close Out and Public Notification
• Submission Form - BOPRC
• Submission Form - WBOPDC

Additional/Amended documentation supplied by the Applicant after notification

• RM22-0010 2024-06-06 - Appendix 3 Updated DWG 002 Landscape Concept Plan
• RM22-0010 2024-06-06 - Appendix 3 Updated DWG 013 Finished Contour Plan
• RM22-0010 2024-06-06 - Appendix 3 Updated DWG 014 Cut Fill Contour Plan
• RM22-0010 2024-06-06 - Appendix 3 Updated DWG 015 Site Layout Plan
• RM22-0010 2024-06-06 - Appendix 3 Updated DWG 016 Stormwater Layout Plan
• RM22-0010 2024-06-06 - Appendix 3 Updated DWG 017 Earthworks in Floodplain
• RM22-0010 2024-06-06 - Applicant's Draft BOPRC Conditions June 24
• RM22-0010 2024-06-06 - Applicant's Draft WBOPDC Conditions June 24
• RM22-0010 2024-06-06 - Golovin Flooding Memo May 24
• RM22-0010 2024-06-06 - Harrison Greirson Stormwater Management Memo May 24
• RM22-0010 2024-06-20 - Mitigation Package June 2024
• RM22-0010 2024-06-06 - Revised HG Memo and Design Plans Apr 24
• RM22-0010 2024-06-06 - Site Intersection Dwgs 592-101, 102

Submissions

• BOPRC Submissions
• WBOPDC Submissions combined

Technical Reviews

• BOPRC - Technical Review - Contaminated Land
• BOPRC - Technical Review - Engineering
• BOPRC - Technical Review - Hydrogeology
• BOPRC - Technical Review - Science
• BOPRC - Technical Review - Wetlands (Ecology)

Hearing Agenda

• RM22-0010 (BOPRC) and RC13360L (WBOPDC) Te Puna Industrial Limited - Hearing Agenda

Minutes

• Minute 1
• Minute 2
• Minute 3
• Minute 4
• Minute 5
• Minute 6
• Minute 7
• Minute 8
• Minute 9
• Minute 10
• Minute 11
• Minute12
• Minute 13

Applicant's Evidence

• Statement of Evidence - Alex Jacob (Acoustic)
• Statement of Evidence - Brett Harries (Traffic Peer Review)
• Statement of Evidence - Bruce Harrison (Traffic)
• Statement of Evidence - Daniel Curtis (Stormwater)
• Statement of Evidence - Henry Whyte (Ecology)
• Statement of Evidence - Ken Harris (Corporate)
• Statement of Evidence - Ken Phillips (Archaeology)
• Statement of Evidence - Margaret Harris (Corporate)
• Statement of Evidence - Robert Taylor (Geotechnical)
• Statement of Evidence - Steven Joynes (Floodwater Modelling)
• Statement of Evidence - Tom Watts (LVA)
• Statement of Evidence - Vincent Murphy (Planning)

Submitter Evidence

• Evidence PTP AC-01 - eDNA results Hakao Stream
• Evidence PTP AC-02 - Environment Court Decision 2005
• Evidence PTP AC-03 - Environmental monitoring reference
• Grant Overton - Statement of Evidence
• Grant Overton - Statement of Evidence Attachments
• Grant Overton - Statement of Evidence of Ross Kernot
• Grant Overton - WSP sheet 201
• Grant Overton - WSP sheet 303

Tabled evidence

• 02. Ken Harris - Corporate (Engagement)
• 03. Margaret Harris - Corporate (Operations)
• 04. Landscape Plan and Planting Palette including Outline Wetland Establishment Plan
• 05. Bruce Harrison (Traffic)
• 06. Brett Harries (Traffic Peer Review)
• 07. Daniel Curtis - Stormwater
• 08. Tom Watts - LVA
• 09. Robert Taylor (Geotech)
• 11. Henry Whyte - Ecology
• 12. Ken Phillips - Archaeology
• Golovin Report
• 16 Brian Jackson - TPIL Presentation (BJ1)
• 16. Brian Jackson - TPIL Presentation (BJ2)
• 16. Brian Jackson - Speaking notes
• 17. Dr Chantel Pagel, Forest and Bird - Speaking notes
• 18. Marty Stevenson - TPIL Presentation
• 20. Russell William - TPIL Presention
• 20. Russell Williams - Speaking notes
• 21. Alison Cowley - TPIL Presentation
• 21. Alison Cowley - More Flooding photos
• 21. Alison Cowley - Speaking notes revised
• 21. Alison Cowley Speaking notes
• 22. Sarah Rice - TPIL Presentation
• 22. Sarah Rice - Speaking notes
• 23. J Shepherd - PTAI Statement of Evidence
• 24. Drew Cowley - Speaking notes
• 25. Chris Zingel - TPIL Presentation
• 26. Bev Cain - Speaking notes
• 27. Mark Keller - Speaking notes
• 28. Peter Lochead (Self and Te Puna Heartlands) - Speaking notes
• 29. Pirirakau Tribal Authority Incorporated - Endorsement of Julie Shepherd's amendments to PACE in response to Statement of Clarification
• 30. Neville Bidois, Kauae Runga - TPIL Presentation
• 30. Neville Bidios, Kauae Runga - Speaking notes
• WBOPDC
  • 01A Heather Perring - speaking notes
  • 01B Heather Perring - Part Reply Evidence, Annexure A attachment
  • 02 David Mansergh - Landscape Architect
  • 03 Alex Jeffcoat - Transportation Engineer
  • 05 Rob Telford Reply Evidence
  • 06 Mark Pennington - Flood and Stormwater
  • Submissions of Counsel for the Western Bay of Plenty District Council
• BOPRC
  • Marcia Christian - speaking notes

Responses to Minute 5

• WBOPDC Planner Memorandum on Fincos - Response to Minute 5
• WBOPDC Planner Te Puna Business Park Statement of Facts - Response to Minute 5
• BOPRC Planner - Response to Minute 5
• Memorandum - Te Puna Station Road Cut and Fill Analysis 2023-11-29 - Response to Minute 5
• WBOPDC
  
  • Appendix 1 - 2020-12-23 - Abatement Notice - Cease Concrete Crushing - 245 Te Puna Station Road - AJ Demo Company
  • Appendix 1 - 2020-12-23 - Abatement Notice - Cease Concrete Crushing - 245 Te Puna Station Road - Andre Pratt AJ Demo Director
  • Appendix 1 - 2020-12-23 - Abatement Notice - Cease Concrete Crushing - 245 Te Puna Station Road - John Campbell AJ Demo Director
  • Appendix 1 - 2020-12-23 - Abatement Notice - Concrete Crushing - 245 Te Puna Station Road - Barry Daniel
  • Appendix 1 - 2020-12-23 - Abatement Notice - Concrete Crushing - 245 Te Puna Station Road - Beth Daniel
  • Appendix 1 - 2020-12-23 - Abatement Notice - Concrete Crushing - 245 Te Puna Station Road - GI Finlay Trustee Limited
  • Appendix 1 - 2020.03.03 Abatement Notice Barry Daniel
  • Appendix 1 - 2020.03.03 Abatement Notice Beth Daniel
  • Appendix 1 - 2022-05-18 - Cease Industrial Activity Abatement Notice - 245 Te Puna Station Road - Barry Daniel
  • Appendix 1 - 2022-05-18 - Cease Industrial Activity Abatement Notice - 245 Te Puna Station Road - Beth Daniel
  • Appendix 1 - 2022-05-18 - Cease Industrial Activity Abatement Notice - 245 Te Puna Station Road - GI Finlay Trustees Ltd
  • Appendix 1 - AJs cleared 245 Te Puna Station site visit 01.08.2024
  • Appendix 1 - Lot 2 Cleared 245 Te Puna Station site visit 01.08.2024
  • Appendix 1 - Total House Removals Cleared 245 Te Puna Station site visit 01.08.2024
  • Appendix 1 - Tyres and truck area cleared 245 Te Puna Station site visit 01.08.2024
  • Appendix 2 - 01 Pools copy OVERTON
  • Appendix 2 - 02 Pools copy OVERTON
  • Appendix 2 - 03 Pools copy OVERTON
  • Appendix 2 - 04 Pools copy OVERTON
  • Appendix 2 - 07 Pools copy OVERTON
  • Appendix 2 - 2021-05-11 - Abatement Notice - Cease development - 260 Te Puna Station Road - Overton
  • Appendix 2 - 2021-05-11 - Abatement Notice - Cease Industrial Activities - 260 Te Puna Station Road - Overton
  • Appendix 2 - 250 Te Puna Station
  • Appendix 2 - 250 Te Puna Station Road OVERTON 1 August 2024
  • Appendix 2 - Bax firewood 1 OVERTON
  • Appendix 2 - Bax Firewood 2 OVERTON
  • Appendix 2 - Bax Firewood 3 OVERTON
  • Appendix 2 - Container buildings 250 te Puna Station Road
  • Appendix 2 - Container housing 1 OVERTON
  • Appendix 2 - Container housing 2 OVERTON
  • Appendix 2 - Container housing 3 OVERTON
  • Appendix 2 - JMC
  • Appendix 2 - JMC storage 1 OVERTON
  • Appendix 2 - JMC storage 3 OVERTON
  • Appendix 2 - JMC storage 4 OVERTON
  • Appendix 2 - JMC vehicles on site
  • Appendix 2 - Open Area 1 OVERTON
  • Appendix 2 - Open Area 2 OVERTON
  • Appendix 2 - OVERTON
  • Appendix 2 - Pool Storage 250 Te Puna Station Road
  • Appendix 2 - Pool Storage entry 250 Te Puna Station
  • Appendix 2 - RFT Engineering 1 OVERTON
  • Appendix 2 - RFT Engineering 2 OVERTON
  • Appendix 2 - RFT Engineering 3 OVERTON
  • Appendix 2 - RFT Engineering 4 OVERTON
  • Appendix 2 - RFT Engineering 5 OVERTON
  • Appendix 2 - Work shop 250 Te Puna Station Road
  • Appendix 3 - 2022-04-12 - Abatement Notice -288B Te Puna Station Road- Cut 2 Fl Ltd
  • Appendix 3 - 2022-04-12 - Abatement Notice -288B Te Puna Station Road- Jason Mather
  • Appendix 3 - 2022-04-12 - Abatement Notice -288B Te Puna Station Road- Jason Mather Construction Limited
  • Appendix 4 - 2022-03-29 - Abatement Notice - Cease development - 297 Te Puna Station Road - Colin Booth
  • Appendix 4 - 2022-03-29 - Abatement Notice - Cease development - 297 Te Puna Station Road - Te Puna Industrial Ltd
  • Appendix 4 - 297 Te Puna Station Road TPIL Site 01.08.2024
  • Appendix 4 - Earthworks 297 Te Puna Station 01.08.2024
  • Appendix 4 - TPIL 01.08.2024
  • Appendix 4 - TPIL close up Earthworks area 01.08.2024
  • Appendix 4 - TPIL Earthworks area 01.08.2024
  • Minute 5 Par 11 response FINAL 09.08.2024
• Comprehensive Document Package
  • 00 Memorandum of Counsel - Response to Minute 5 (dated 24 February 2025
  • Att. A Over-Arching Response
  • Att. B Flooding Response Memo
  • Att. C Floodplain Assessment (Model Build and Verification)
  • Att. D HG SW Memo and Plan
  • Att. E Landscape Package
  • Att. F Env Ct Interior Planting
  • Att. G Operative DP Interior Planting
  • Att. H Harrison Transportation Memo
  • Att. I Harries Review Memo
  • Att. J HG Intersection Memo and Plans
  • Att. K CMW Memo
  • Att. L Ecological EcoResto Memo
  • Att. M - BOPRC Conditions - Update Feb 25
  • Att. N - WBOPDC Conditions Update Feb 25
  • Att. O SW, Flooding, Planning JWS Signed
  • Att. P MPAD Drawing 11
  • Att. P MPAD Drawing 12
  • Att. Q - Pirirakau Engagement Summary Post Hearing
  • Joint Witness Sstatement - Signed
• Submitter Responses to Comprehensive Document Package
  • Chris Zingel - Response
  • Drew Cowley - Response
  • Mark Keller - Response
  • Marty Stevenson- Response
  • Neville Bidois- Response
  • Peter Lochhead- Response
  • Rose Chalmers- Response
  • Russell Williams- Response
  • Sarah Rice and Alison Cowley on behalf of Priority Te Puna- Response
  • Alison Cowley for Priority Te Puna- Response
  • Bev Monk/Bev Cain/Waikaraka Trust- Response
  • Brian Jackson- Response
  • Julie Shepherd, Pirirakau Tribal Authority- Response
• BOPRC and WBOPDC Responses to Comprehensive Document Package
  • s42A Officers Report Addendum
  •  s42A Addendum Report Attachment 1 - BOPRC Comments on Attachment M - BOPRC Conditions
  • Stormwater and Flooding Technical Review Memo - Bronwyn Rhynd
  • Wetlands Technical Review Memo - Heather MacKenzie
  • Water Quality - Rob Donald
  • Geotech - Kate Evertt
  • Climate Change Adaption Comments - Ana Serrano
  • RC13360L - WBOPDC 42A Addendum Final for Issue
  • RC13360L Attachment 1 - Mansergh Graham Landscape Review
  • RC13360L Attachment 2 - Beca Trasnsportation Review
  • RC13360L Attachment 3 - Transport Department Review
  • RC13360L Attachment 4 - T&T Stormwater and Flooding Expert Memo
  • RC13360L Attachment 5 - WBOPDC Geotechncial Review
  • RC13360L Attachment 6 - 42A Addendum WBOPDC Recommended conditions
  • RC13360L Attachment 7 - WBOPDC Response to Minute 5 - FINCOS
  • RC13360L Attachment 8 - Email regarding height limit
  • RC13360L Attachment 9 - Power Supply Email
• Reply Submissions (TPIL)
  • Reply Legal Submissions dated 5 May 2025
  • Attachment A – Harrison Grierson Technical Memo (Stormwater)
  • Attachment B – Harrison Grierson Technical Memo (Intersection)
  • Attachment C – Harrison Transportation and Harries Transportation Engineers Ltd Memo
  • Attachment D – Momentum Planning and Design Memo
  • Attachment E – Updated proposed conditions of consents (WBOPDC and BOPRC) and cover statement

Creswell New Zealand Limited has applied to the Bay of Plenty Regional Council to:

• Take a maximum of 5,000 cubic metres (m3) of groundwater per day (1,100,000m3 per year) for the commercial bottling of water;
• Undertake earthworks associated with the expansion of the water bottling plant;
• Discharge stormwater and treated process wastewater to water; and
• Discharge treated sanitary wastewater to land.

Please note that part of the application is to replace consent number 20595 which expires 1 October 2026.

Location of the activity is at 57 Johnson Road, Otakiri.

Submissions have closed.

This application is under appeal.

• Court of Appeal decision
• Environment Court decision
• High Court decision

Related documents

• Advert
• RM17-0424 Application Cover Letter - Beca
• RM17-0424 Application for Resource Consent Part 1
• RM17-0424 Application for Resource Consent Part 1(a)
• RM17-0424 Application for Resource Consent Part 2
• RM17-0424 Application for Resource Consent Part 3
• RM17-0424 S.92 Further Information Request
• RM17-0424 S.92 Further Information Request Response (collated) from Malory Osmond at Beca
• RM17-0424 S.95 Notification Decisioin
• RM17-0424 Creswell NZ Ltd - Pond Volume
• Submission Form

Further Technical Information can be supplied on USB on request to Regulatory Coordinators on 0800 884 880.

Hearing audio recordings:

• Te Reo Translation 1 May 2018 Recording 1
• Te Reo Translation 1 May 2018 Recording 2
• Audio Recordings - 30 April, 1 May and 2 May 2018