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Notified applications

When Regional Council receives a resource consent application, we do an assessment of its environmental effects. 

There are different ways to notify the public, depending on the effects of the consent application. If the environmental effects are more than minor, the resource consent will require public notification under Section 95A of the Resource Management Act. This means anyone in the community can make a submission on the application.

If you would like to make a submission on one of the following notified resource consent applications, please fill out the submission form or contact us on 0800 884 880 if you need any assistance.

Applications recently notified – submissions open

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:

Applications recently notified – submissions closed

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

Agenda

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

Recent decisions on notified applications

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:

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

Evidence

Applicant Evidence

Bay of Plenty Regional Council Evidence

Submitter Evidence

Joint Witness Statements

Reply and Closing Submissions

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 PM2.5) 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 (NOX), 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 PM2.5 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:

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.

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. 

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.

Hearing agenda

RM19-0633 Genera Limited - Hearing Agenda

Related documents

Advert Notification

Revised application documents

Application documents

Further information

Technical reviews

Evidence received

Environment Court Decision

Applications – under appeal

Rotorua Lakes Council have applied for a comprehensive resource consent to authorise the discharge of urban stormwater (rainwater) throughout the Rotorua Urban Area.

The Hearing Panel acting under delegated authority from Bay of Plenty Regional Council made the decision to grant the application on 21 January 2025.

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.

Related documents

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

Hearing audio recordings:

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.

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

 

Documents

Additional/Amended documentation supplied by the Applicant after notification

Submissions

Technical Reviews

Hearing Agenda

Minutes

Applicant's Evidence

Submitter Evidence

Tabled evidence

Responses to Minute 5