The Environment Court has directed Regional Council to control dust from unsealed sites in the Mount Maunganui Airshed (MMA). In response, we have drafted new policies and rules that aim to improve air quality, health, and amenity outcomes and we want your feedback.

You can learn about what is being proposed or how to give feedback by selecting the relevant tab above.

Please note, submissions can only be received by affected parties including those who own or operate on unsealed sites within the Mount Maunganui Airshed.

Our online map platform BayExplorer may be useful if you wish to have a closer look. Simply type Airshed into the search bar and then zoom in on the Mount Maunganui Airshed.

New Zealand’s air quality is managed by the National Environmental Standards for Air Quality. These standards set a minimum level of health for a range of pollutants, including fine dust particles called PM10.

Based on these standards, each region also has a more specific set of rules to better manage issues specific to their area. For Bay of Plenty this is called the Regional Natural Resources Plan.

We update these rules from time to time to account for new science and monitoring and ensure they adequately protect air quality in our region. These are called plan changes, and the most recent one we have made to the Regional Natural Resources Plan is called Plan Change 13.

Plan Change 13 included new air quality rules for those who discharge into the air. More than 100 submissions were received. Council released its decision on the submissions on 12 March 2019 and subsequently, 10 appeals were received. All but one appeal was settled by June 2020.

In February 2023, the Environment Court released its interim decision on the final appeal regarding Bulk Solid Material handling in the Mount Maunganui Airshed. A further interim decision was released in October 2023.

In both decisions, the Environment Court identified that a broader air quality management approach is required in the Mount Maunganui Airshed. As part of this, under section 293 of the Resource Management Act, the Court has directed the Regional Council to prepare changes to Plan Change 13 to control PM10 emissions from unsealed yards.

The Court has identified that the cumulative effect of a number of small sources of pollution all need to be addressed, and that more effort by these small parties could lead to a big improvement.

Image of PM10 particles

To learn about what is being proposed check out this Information sheet or read the summary below.

• A new policy (Policy 13) to set the direction for the control of PM10 emissions from unsealed yards for an interim period.
• An Interim Permitted Activity Rule (IPAR) that would require a Dust Management Plan (DMP) for all unsealed yards and last for three years. At the expiry of the three-year IPAR period, Permitted Activity status would still apply for unsealed yards smaller than 400 m2.
• A Restricted Discretionary rule that would apply after three years for all unsealed yards 400 m2 or larger.
• A new schedule (“Airshed 3”), noting DMP requirements for unsealed yards.
• A definition for “Unsealed Yard” which refers to approved surfaces for sealed yards, and types of properties and specific locations within the MMA to be excluded from the s293 process.
• An additional new policy, (Policy 12) was drafted for the PC13 Appeal for Bulk Solid Material and log handing, and it has been amended slightly to also refer to the IPAR for unsealed yards

Submissions have now closed for Proposed Policy 12.

In line with Environment Court set timeframes, the proposed policy was open for public submissions until 30 April 2024. The Environment Court will hold a hearing on the submissions for the proposed policy, likely to be in June 2024.