Review of On-site
Wastewater Bylaws
Findings report
April 2018
2
Table of Contents
Table of Contents............................................................................................................................ 2
1 Summary of key findings ......................................................................................................... 3
2 Introduction ............................................................................................................................. 4
2.1 Purpose of the report ........................................................................................................ 4
2.2 Key questions ................................................................................................................... 4
2.3 Why review now ................................................................................................................ 4
2.4 Scope ............................................................................................................................... 5
2.5 Methodology ..................................................................................................................... 6
3 What currently governs OSWW management? ....................................................................... 6
3.1 National legislation regulating OSWW systems ................................................................. 7
3.2 The Auckland Unitary Plan................................................................................................ 8
3.3 OSWW legacy bylaws and Waitakere targeted rate .......................................................... 9
4 Are the issues the bylaws set out to address still evident? .................................................... 10
4.1 Purpose of the legacy OSWW bylaws ............................................................................. 10
4.2 Failing OSWW systems are contaminating waterways .................................................... 10
4.3 Call centre complaints and queries identify OSWW failure .............................................. 12
5 Are the bylaws still the most appropriate means for managing OSWW systems? ................. 13
5.1 Do the bylaws provide extra regulation than the Auckland Unitary Plan and legislation? 13
5.2 Do the bylaws provide greater enforcement power than existing legislation? .................. 14
5.3 Do council’s OSWW stakeholders identify any additional issues a bylaw could address?16
Key findings from Auckland Unitary Plan ................................................................................... 16
Key findings from local board engagement ............................................................................... 17
Key findings from interviews with enforcement officers ............................................................. 19
Key findings from Waiheke’s Compliance Monitoring Officer ..................................................... 21
6 Statutory review findings and conclusion ............................................................................... 23
7 Appendix ............................................................................................................................... 24
7.1 Estimate of OSWW location and scale ............................................................................ 24
7.2 Local board views table .................................................................................................. 26
7.3 Council enforcement officer views table .......................................................................... 29
7.4 OSWW bylaw provisions compared to Resource Management Act 1991, Building Act
2004 and Health Act 1956 ......................................................................................................... 33
3
1 Summary of key findings
The legacy on-site wastewater bylaws were intended to be replaced by the Auckland Unitary
Plan
• The Governing Body renewed the legacy on-site wastewater (OSWW) bylaws in 2015, so there
would be no regulatory gap until relevant provisions in the Auckland Unitary Plan became
operative.
• The legacy OSWW bylaws are now redundant as the operational Auckland Unitary Plan is
council’s guiding regulation for on-site wastewater management.
The issues the legacy on-site wastewater bylaws set out to address are still evident
• On-site wastewater systems are still an issue as evidenced by:
o human-sourced E. coli contamination across the region’s waterways
o customer calls to council identifying OSWW system malfunctions.
The legacy on-site wastewater bylaws are not needed
The Auckland Unitary Plan replaces the need for the legacy on-site wastewater bylaws. Further
evidence and reasoning are detailed in the four points below.
1. The legacy on-site wastewater bylaws do not provide additional regulation
• The legacy bylaws only provide an additional stipulation of requiring OSWW users to send in
their maintenance records proactively to council or when asked.
• The Auckland Unitary Plan already regulates record keeping by requiring OSWW maintenance
records to be kept on site for inspection by council’s officers.
• Proactive record keeping is achievable through building relationships with OSWW service
providers and effectively communicating responsibilities to OSWW users.
2. Existing legislation has greater enforcement power than the bylaws
• Current legislation provides more options for enforcement including the ability to issue on-spot
fines, serve abatement notices and issue large fines on conviction.
3. Engagement with council’s OSWW stakeholders revealed no need for bylaws
• Key findings from engagement included:
o current rules and regulations need to be simplified and communicated to OSWW users
o council needs a central database of OSWW systems and increased environmental
monitoring
o council should consider incentives as some owners cannot afford to maintain their OSWW
systems
o council should increase relationship building with pump out contractors to alert council to
impending OSWW issues and failures
o building relationships with OSWW operators and maintenance providers is crucial to an
effective maintenance reporting scheme. The bylaw assists, but it is not required for having
records sent to council.
4. The Auckland Unitary Plan is the appropriate means for addressing OSWW management
• If changes to regulation are needed, they should be administered through a plan change of the
Auckland Unitary Plan OSWW provisions instead of a bylaw.
Review of On-site Wastewater Bylaws
4
2 Introduction
2.1 Purpose of the report
This report presents findings from the review of Auckland Council’s legacy bylaws for on-site
wastewater (OSWW) management. The current legacy OSWW bylaws include:
• North Shore City Bylaw 2000
• Rodney District Council 1998
• Waiheke Wastewater 2008
• Papakura District Council Wastewater Bylaw 2008
Auckland Council (council) has a statutory responsibility under the Local Government Act 2002 to
review these bylaws by 31 October 2020.
2.2 Key questions
To meet council’s statutory review requirements under section 160(1) of the Local Government Act
2002, the bylaws must be determined as the most appropriate way of addressing the perceived
problem. To identify this requirement, the review asked the following key questions:
• What plans and legislation currently regulate OSWW management?
• Are the issues the OSWW bylaws set out to address still evident?
• Are the bylaws still the most appropriate means for managing on-site wastewater systems?
o Do the bylaws provide extra regulation compared to existing legislation?
o Do the bylaws provide greater enforcement power than existing legislation?
o Do council’s OSWW stakeholders identify additional issues a bylaw could address?
2.3 Why review now
2.3.1 Legacy OSWW bylaws were intended to be replaced by Auckland Unitary
Plan provisions
In October 2015 the Governing Body
1
confirmed the four legacy OSWW bylaws would remain in
effect until 31 October 2020, at which time they would be automatically revoked.
The Governing Body’s decision was taken under the recommendation from the Regulatory and
Bylaws Committee
2
in July 2015 to preserve status quo (keep the bylaws) until the relevant
provisions of the Proposed Auckland Unitary Plan became operative.
1
Governing Body, 29 October 2015, Resolution number GB/2015/112
2
Regulatory and Bylaws Committee, 08 July 2015, Resolution number RBC/2015/23
5
The Auckland Unitary Plan OSWW regulations became operational in September 2016. Section
20A of the Resource Management Act 1991 gave OSWW users six months to comply with the new
Unitary Plan standards or to obtain a resource consent. With the Auckland Unitary Plan provisions
now applying to all OSWW systems, the legacy bylaws could be reviewed for redundancy.
2.3.2 OSWW bylaw review aligns with Healthy Water’s OSWW management review
Auckland Council’s Environment, Climate Change and Natural Heritage Committee passed a
resolution
3
in March 2016 noting a cross-council project team would develop options to better
manage privately-owned OSWW systems. The council unit, Healthy Waters, is leading this project
and the bylaws unit is part of the project team. The results from the legacy OSWW bylaw review
will provide insights to help Healthy Waters develop options for OSWW management.
2.4 Scope
The review will include:
• the nature and extent of issues associated with inadequate OSWW management in
Auckland
• the effectiveness of the legacy OSWW bylaws in addressing these issues
• whether a new bylaw is necessary to address these issues or whether we already have
sufficient tools available (such as in the Resource Management Act 1991 and Unitary Plan).
2.4.1 Out of scope
The review will not include:
• water pollution issues associated with the reticulated wastewater system managed by
Watercare Services Limited, including:
o wastewater overflows from Auckland’s reticulated wastewater network, particularly
from the older combined stormwater/sewer system
o wastewater issues regulated by the Water Supply and Wastewater Network Bylaw
2015
o properties which are on Watercare’s reticulated network and therefore do not use an
OSWW system.
• regulating other sources of water pollution, such as stormwater, farming activities and
industry
• specific proposals about how to fund OSWW maintenance and upgrades.
3
RES ENV/2016/7
Review of On-site Wastewater Bylaws
6
2.5 Methodology
Various research and engagement methods were used to gain insight on the key questions.
Research: Desktop research was conducted on the existing plans and legislation for OSWW
management, including stipulations in the Resource Management Act 1991, Unitary Plan, Local
Government Act 2002, Building Act 2004, and Health Act 1956.
This research also drew on information provided by Healthy Waters on the nature of OSWW
system failure and the scale of the problem through environmental monitoring from the Safeswim
Programme and previous water studies.
Stakeholder engagement: Written communications and meetings were conducted with council
staff to seek input on the regulatory framework, how it works internally and if additional regulation
is required. Interviews were held with council staff from Auckland Unitary Plan, Licensing &
Regulatory Compliance, Healthy Waters, Resource Consents, Building Consents, Engineering and
Technical Services and Regulatory Litigation Services.
Local Board workshops: All local boards were invited to engage and provide feedback on the
issue. Informal workshops were held with six local boards who were presented with the current
regulatory framework and asked questions regarding known issues and whether additional
enforcement powers are needed.
Analysis of past OSWW bylaw reviews: The legacy bylaws were reviewed in 2014/2015 by the
then Planning Policies and Bylaws unit, and the results of those reviews were considered.
3 What currently governs OSWW management?
Auckland’s OSWW systems are governed by the following plans and legislation:
Regional plan and legislation
Legacy OSWW bylaws
• Auckland Unitary Plan (live 2016)
• North Shore City Bylaw 2000
• Rodney District Council 1998
• Waiheke Wastewater 2008
• Papakura District Council Wastewater
Bylaw 2008
• Resource Management Act 1991
• Building Act 2004
• Health Act 1956
• Local Government Act 2002 (bylaws)
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3.1 National legislation regulating OSWW systems
National legislation for regulating OSWW systems includes the Building Act 2004, Health Act 1956
and Resource Management Act 1991. These Acts work in tandem to regulate different aspects of
OSWW management as demonstrated below in Figure 1.
Figure 1 – Summary of the national legislation for OSWW management
3.1.1 Building Act 2004
The Building Act 2004 classifies OSWW systems as a building which must obtain consent. It must
be designed and installed properly and operate in a safe and sanitary manner. Administered by the
council’s building consents and compliance teams, Section G13 (Foul Water) of the Building Code
specifically sets out the requirements for on-site wastewater systems’ design and construction.
Technical Publication 58 On-site Wastewater Systems: Design and Management Manual 2004
(TP58) provides additional guidance for the design and maintenance of on-site treatment and
disposal systems for domestic wastewater. TP58 is used as the basis for the assessment and
approval of building consents. It is currently being reviewed with an updated Guidance Document
(GD06) to be issued shortly.
3.1.2 Health Act 1956
The Health Act 1956 dictates that all dwellings must have suitable appliances for disposing of
wastewater in a sanitary manner. This regulation means that if a dwelling has no sewer access
available, it is then required to treat wastewater on-site. The Health Act 1956 goes on to regulate
septic tank desludging and sludge disposal and focusses on improving, promoting and protecting
public health. The Health Act 1956 allows territorial authorities to issue cleansing and closure
orders or require repairs if residential facilities, including OSWW systems, are insanitary.
Source: Ministry for the Environment, July 2008, Proposed National Environmental Standard for On-site
Wastewater Systems
Building Act 2004
Building inspectors,
territorial authorities
Building Code, design and
installation of system
Health Act 1956
Environmental health
officers
Public health
nuisance
Local
Government
Act 2002
Bylaws
Resource Management Act 1991
Ministry for the
Environment, regional
councils, regional plan rules
Receiving
environment,
council officers,
investigation
of pollution
Groundwater
Rivers
Coast
On-site wastewater
system
Review of On-site Wastewater Bylaws
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3.1.3 Resource Management Act 1991
The Resource Management Act 1991 focusses on the health of the environment and gives power
to the Unitary Plan to regulate permitted standards regarding flow rate, technical design,
management and reducing adverse effects on the environment. Section 15 of the Resource
Management Act 1991 prohibits anyone from discharging contaminants into water or onto land in
circumstances which may result in that contaminant entering water, unless the discharge is
expressly allowed by a rule in a regional plan.
3.2 The Auckland Unitary Plan
The Auckland Unitary Plan prescribes permitted standards for discharging treated domestic
wastewater onto or into land via a land application disposal system.
Under the provisions of the Auckland Unitary Plan, the majority of OSWW devices are considered
permitted activities. Along with Auckland Unitary Plan key standards, if the flow rate is less than
2m
3
and the ratio of site area to discharge volume is greater than 1.5m
2
per litre a day, the OSWW
system is permitted. As such, only about 2,000 of the estimated 50,000-60,000 devices in the
region are not permitted and have resource consents.
Auckland Unitary Plan key standards for all on-site wastewater systems include:
• no significant adverse effects on public health, environmental health or Mana Whenua
• regular maintenance by a suitably qualified OSWW provider in accordance to:
o Technical Publication 58 On-site Wastewater Systems: Design and Management
Manual 2004 (TP58)
o the manufacture’s recommendations
o or service provider’s recommendations.
• septic tank inspections at least every three years and advanced treatments inspections every
six months
• records of each maintenance action must be retained and made available on site for inspection
by the council.
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3.3 OSWW legacy bylaws and Waitakere targeted rate
The legacy bylaws seek to ensure septic tanks and domestic wastewater treatment systems are
installed and maintained in a manner which prevents the failure of the system. A summary is
provided below in Table 1. For a complete breakdown of the legacy bylaws see Appendix 7.4.
Table 1 - Summary of legacy OSWW bylaws
3.3.1 Waitakere pump-out targeted rate
Although not a bylaw, approximately 4,400 OSWW systems in the former Waitakere City Council
non-urban area, now mainly the Waitakere Ranges Local Board and parts of Henderson-Massey
Local Board, have their systems pumped out every three years by council. Costs are recovered at
a targeted rate of $185.13 as of February 2016. A high-level performance assessment is carried
out as part of the pump out process and property owners are notified of any faults.
Legacy OSWW
bylaw
Summary
North Shore City
2000
Stipulates:
• wastewater must be treated and disposed on-site if no sewer access
available
• OSWW systems shall be operated and maintained in accordance with
TP58
• where there is evidence of system failure or no maintenance contract in
place, the owner must remedy at their expense.
Papakura District
Council 2008
Stipulates:
• building consent procedures must be followed in accordance to TP58
• pump-outs must occur every three years with records sent to council
• officers have right of inspection
• breaches to the bylaw must be remedied at owner’s cost.
Rodney District
Council 2008
Stipulates:
• maintenance records must be sent to council when requested
• officers can serve written notice if an OSWW system fails
• officers can take appropriate remedial steps at the cost of the occupier.
Waiheke 2008
Stipulates:
• officers have right to necessary inspections
• sufficient detail must be provided with a building consent
• systems must be pumped out every three years with records proactively
sent to council.
Review of On-site Wastewater Bylaws
10
4 Are the issues the bylaws set out to address still
evident?
4.1 Purpose of the legacy OSWW bylaws
Council does not currently provide a reticulated wastewater system to everyone in Auckland. Many
of Auckland’s property owners in rural and coastal areas without access (est. 50,000-60,000
households
4
) must provide and manage their own OSWW systems.
The legacy bylaws seek to ensure septic tanks and domestic wastewater treatment systems are
installed and maintained in a manner which prevents the failure of the system.
4.2 Failing OSWW systems are contaminating waterways
OSWW systems are known to be failing from evidence of high levels of Escherichia coli (E. coli)
readings across the region’s waterways. DNA testing has identified human excrement to be a
cause. The resulting contamination poses significant public health risks and negatively impacts on
the ecological health of waterbodies and aquatic life in affected areas.
Auckland Council’s Safeswim Monitoring Programme determines the bacteriological water quality
of recreational water across the region during summer. The 2013/2014 Safeswim Summary Report
identified unsuitable levels of E. coli for swimming in some of Auckland’s streams and beaches.
4
See Appendix 7.1 for estimate methodology
Key findings
• The legacy OSWW bylaws seek to prevent the failure of OSWW systems.
• Failing OSWW systems are still an issue as evidenced by:
o human-sourced E. coli contamination in waterways
o customer calls to council identifying OSWW system leaks, overflows, bad smells and
lack of maintenance.
11
Exceedances frequently occurred at the following lagoons and beaches in 2013/14:
• Piha South Lagoon
• Piha North Lagoon
• Bethells Lagoon
• Karekare Lagoon
• Huia Beach
• Wood Bay Beach
• Titirangi Beach
• French Bay
• Laingholm Beach
• Te Atatu Beach
• Christmas Beach
Contamination is still as issue as the 2017/18 summer Safeswim website
5
had long-term water
quality alerts for the following areas:
• Cox’s Bay
• Weymouth Beach
• Wairau Outlet
• Laingholm Beach
• Taumanu East
• Clarks Beach
• Meola Reef
• Little Oneroa Lagoon
• Piha Lagoon
• Wood Bay
• Green Bay
• Titirangi Beach
• Piha North Lagoon
• Fosters Bay
• Bethells Lagoon
• Armour Bay
DNA testing revealed human faecal matter was a contributing source to E. coli in the water. Failing
OSWW systems are a potential cause for this contamination.
Areas during the 2017/18 summer where council’s water quality monitoring showed hazards from
human faecal contamination are listed below:
As water quality monitoring is limited in the region, many coastal settlement areas with large
numbers of OSWW systems, such as Leigh, Whenuapai and Sandspit are not monitored.
5
https://www.safeswim.org.nz/
• Piha Lagoon
(Waitakere)
• North Piha Lagoon
(Waitakere)
• Foster Bay (Huia)
• Little Oneroa Lagoon
(Waiheke)
• Bethells (Te Henga)
Lagoon (Waitakere)
Review of On-site Wastewater Bylaws
12
4.3 Call centre complaints and queries identify OSWW failure
There is no central location where council tracks all communications from Aucklanders regarding
OSWW issues. The following lists from Licensing & Regulatory Compliance and Customer
Services provide a snapshot of communications received regarding OSWW systems.
Table 2 - Licensing & Regulatory Compliance OSWW customer communications
Table 3 - Customer Experiences OSWW customer communications
Customer Communications
Licensing & Regulatory Compliance, Environmental Health, July 2017- November 2017
• 38 people – complained about smelly systems, overflow, and leaks onto neighbouring
properties
• 35 people – needed maintenance and pump out, tank alarm going off
• 21 people – had questions about septic tanks (how to get emptied, replaced or apply for a
resource consent)
• 3 people – had formal complaints about septic tanks in general or on the cost of resource
consent renewal
Customer Communications
Customer Experiences, Customer Services, September 2016 – March 2018
• 9 calls – complained about pump out (either council contractor did a poor job, showed up
unannounced, or left the site a mess)
• 4 calls – complained about neighbour’s leaking OSWW systems and council not doing
anything about it
• 2 calls – complained about resource consents being confusing and costly
• 1 call – queried on incentives for OSWW systems
• 1 call – complemented a pump out well done
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5 Are the bylaws still the most appropriate means for
managing OSWW systems?
To assess if the bylaws are the most appropriate means for addressing OSWW management, the
topic is broken down into three sections. The first section identifies if the bylaws supplement the
existing plans and legislation, the second explores if the bylaws have more enforcement power
than existing legislation, and the third section identifies the views of council’s OSWW stakeholders.
5.1 Do the bylaws provide extra regulation than the Auckland Unitary
Plan and legislation?
The Auckland Unitary Plan, Resource Management Act 1991, Building Act 2004, and Health Act
1956 provide rules to cover all aspects of OSWW regulation including design, installation,
operation and maintenance. These legislations also have powers of enforcement including the
ability to inspect systems, issue infringements, serve notices to stop and/or remedy, recover costs
and prosecute.
Staff conducted a comparison analysis to identify any gaps or areas in the OSWW legacy bylaws
not covered in the Unitary Plan or Acts. Out of the 55 clauses in the OSWW legacy bylaws, only
three have requirements not included in the Auckland Unitary Plan, Resource Management Act
1991, Building Act 2004 or Health Act 1956.
See Appendix 7.4 for a line by line breakdown of the legacy bylaws and where in the Auckland
Unitary Plan or Acts the stipulations are matched. Provisions in the OSWW legacy bylaws which
are not stipulated by the Auckland Unitary Plan or Acts are listed in the following table.
Key findings
• The legacy bylaws only provide an additional stipulation by requiring OSWW users to send
in their maintenance records proactively to council or when asked.
• The Auckland Unitary Plan already regulates record keeping by requiring OSWW
maintenance records to be kept on site for inspection.
Review of On-site Wastewater Bylaws
14
Table 4 - OSWW bylaw provisions not stipulated by the Auckland Unitary Plan or Acts
5.2 Do the bylaws provide greater enforcement power than existing
legislation?
The various acts regulating OSWW management have an array of legislative powers available for
enforcement. The legacy bylaws, created under the Local Government Act 2002, have the least
amount of enforcement power as they have no power to issue infringement notices. This limitation
means fines can only be issued on conviction.
The Resource Management Act 1991 and Building Act 2004 provide more options and range of
fines including the ability to issue on-spot fines, serve abatement notices and issue large fines on
conviction. See Table 2 on the next page for a comparison on the enforcement powers of each
legislation.
OSWW bylaw provisions not stipulated by the
Auckland Unitary Plan, Resource Manage Act 1991, Building Act 2004 or Health Act 1956
Waiheke Wastewater 2008 Section 29.5.3 – after pump out the property owner shall provide a
copy of the receipt for having this work done to the Waiheke Service Centre of the Auckland City
Council within 14 days of the tank being pumped out
Papakura District Council Wastewater Bylaw 2008 Section 13.3 – the property owner shall
provide a copy of the receipt for having this work done to Papakura District Council within 14 days
of the tank being pumped out
Rodney District Council 1998 Section 9.3 - The owner or occupier of an allotment utilising
on-site a wastewater treatment or disposal system shall, within 10 working days of receipt of
written request from an Authorised Officer provide the following information:
a. the make and model of on-site treatment installed, if known; and
b. a copy of any manufacturers maintenance and operation requirements and
performance standards; and
c. evidence, to the satisfaction of the officer, that an effective operation and maintenance
programme for the system is in place.
15
Table 5 - Enforcement powers of legislation
Powers
Act
Officers can
inspect
property
Officers can enter
dwelling house
Infringement offence and
fee (aka ‘instant fine’)
process available
Notice to stop and/or
require action to remedy
(immediate action by
enforcement officers)
Recover costs of
remedying
Prosecution through courts
and penalties on conviction
Local
Government
Act 2002
(bylaws)
(LGA s171)
Can send letters
to those in
breach, but the
legal process associated
with an abatement notice is
not triggered
(LGA s176)
Fine on conviction of up to
$20,000
Resource
Management
Act 1991
(RMA s334)
Only if
suspected
offence is punishable by
imprisonment
(RMA s338)
Up to $750
Resource
Management (Infringement
Offences) Regulations,
Schedule 1
(RMA s322)
(RMA s323)
Fine on conviction up to
$300,000 fine or 2 years
imprisonment
Health Act
1956
(HA s128)
(HA s34)
(HA s34)
If no penalty provided, liable
on conviction to a fine up to
$500 and $50 every day
offence continues
Building Act
2004
(BA s222)
If no consent
from occupier,
the District Court may
authorise officer to enter
dwelling house
BA s168(1)
$1,000 for failing
to comply with a
notice requiring work or a
notice to fix (Infringement
Offences Regulations -
schedule 1).
(BA s129)
(BA s221)
Fine on conviction up to
$200,000 and not exceeding
$20,000 for every day offence
continues
16
5.3 Do council’s OSWW stakeholders identify any additional issues a
bylaw could address?
5.3.1 Auckland Unitary Plan views
Auckland Unitary Plan regulation staff provided advice for the OSWW bylaw review in August 2017
to help staff understand the regulatory framework.
Themes
The Unitary Plan is the more appropriate tool: Council has determined that the most effective
way of controlling the design standards of new wastewater systems is through compliance with the
Auckland Unitary Plan.
Although the requirements for a bylaw change would have an easier consultation and appeal
process than a plan change, it would not be appropriate to create a bylaw just to avoid a more
stringent and time-consuming consultation process.
Licensing/permitting scheme: A bylaw can be used to supplement Auckland Unitary Plan rules,
where the proposed requirements do not fit as easily into a Resource Management Act 1991
context, i.e. a licensing/permitting scheme.
Unitary Plan standards could require an OSWW central database: While the Auckland Unitary
Plan currently does not require a list of all septic tanks to be compiled, this could be achieved by
way of an additional Auckland Unitary Plan standard that requires existing and proposed tanks be
‘registered’. However, given that this is a city-wide rule, thought would have to be given as to
whether the cost of maintaining those records would be proportionate to the benefit of holding that
information.
There is already an obligation to keep records of maintenance and allow council officers to inspect
those records in the Auckland Unitary Plan. Therefore, added benefit of requiring records sent to
council proactively may be minimal.
Key findings from Auckland Unitary Plan
• A plan change of the Unitary Plan, not a bylaw, is the appropriate mechanism to use if
changes to OSWW regulation are required.
• A bylaw could serve a purpose if a council licensing scheme for OSWW systems is
developed.
• Current legislative enforcement powers are sufficient for managing OSWW systems.
• A bylaw would not regulate anything above the current requirements in the Unitary Plan.
17
Enforcement powers are sufficient: The Resource Management Act 1991 and Auckland Unitary
Plan provisions cover all eventualities, and this is a matter of making use of council’s enforcement
powers. The bylaws would not cover anything that is not already addressed by the consenting and
permitted activity regime.
5.3.2 Local board views
Local boards were provided with a presentation on the current state of OSWW management and
the legacy OSWW bylaw review at the Local Board Chairs’ Forum in December 2017. During the
forum, six local boards requested individual workshops:
As requested, staff held informal workshops with each of the above local boards. They were
presented an overview of the current state of Auckland’s OSWW systems and given an in depth
look at the current OSWW regulatory framework. Local board members were asked questions
regarding issues with OSWW management, how it could be improved, and specifically on their
views if additional regulatory powers were needed. Themes identified from the workshops are
listed below with a complete breakdown in Appendix 7.2.
Themes
More education is required (Rodney, Great Barrier, Upper Harbour): Increased education is
needed around the existing legislation as many are unaware of their obligations to manage their
own systems. People move out into rural areas and don’t know they even have an OSWW system.
Education is needed regarding change of use, i.e. holiday home becoming permanent, and how
that effects system stress. Education design also needs to include foreign buyers.
• Rodney
• Great Barrier
• Waitakere
• Waiheke
• Franklin
• Upper Harbour
Key findings from local board engagement
• Current rules and regulations need to be simplified and communicated to OSWW users.
• Council needs a better understanding of the scale of OSWW systems’ effect on Auckland.
This could be achieved through developing a central database of OSWW systems and
increased environmental monitoring.
• Council should consider incentives as some owners cannot afford to maintain their OSWW
systems.
• No extra regulatory tools are needed. Council needs to utilise the enforcement powers
already available.
18
A central database is needed (Upper Harbour, Franklin, Waiheke, Rodney): Having all Auckland
OSWW systems in a central database is crucial for regulating, identifying problem areas and
reaching out to owners with education and correspondence.
Cost Issues are a barrier for compliance (Great Barrier, Waiheke, Franklin): OSWW
maintenance and management is a “crippling” cost and burden for some people. Some residents
are hesitant to report their OSWW failures for fear they cannot afford remedying. Getting costs
down for OSWW owners needs to be a focus. Reducing costs could be achieved by providing
incentives for upgrading OSWW systems or allowing suitable alternative systems
6
. There needs to
be long-term thinking, so owners don’t get double charged for having to install and manage an
OSWW system and then be required to connect to reticulation when it arrives. Resource consents
are expensive, specifically the water testing compliance aspect.
Need for greater enforcement (Franklin, Waiheke, Rodney): There is currently no sense of
urgency to comply with the regulations for some owners. There is a need for council to focus on
compliance and the power to enforce the standards already in place. However, a risk exists using
heavy enforcement as the reticulated system fails as well.
More environmental monitoring (Waitakere, Franklin): More monitoring and testing is needed to
understand the scale of contamination. Methods are needed to trace back to source pollution.
Miscellaneous themes: - Other themes included; creating incentives for owners to connect to
local OSWW networks, having stricter rules for sensitive environments, making sure old systems
are being captured, and providing an easy way to have pump outs extended beyond 3 years if low
use.
Waiheke Local Board’s view that the Auckland Unitary Plan would replace the Waiheke
Bylaw
Review of Waiheke Wastewater Bylaw, April 2014
Planning Policies and Bylaws reviewed the Waiheke OSWW bylaw in April 2014. The bylaw was
reviewed after administrative staff requested a bylaw amendment requiring regular inspection of
advanced systems (now a Unitary Plan rule). The Waiheke Local Board decided
7
to:
• “consider the development of a new bylaw dealing with the maintenance and inspection of
existing domestic-type on-site wastewater treatment and disposal systems
• support that the new bylaw should remain in place until suitable replacement Unitary Plan
provisions become operative.”
The Waiheke Local Board’s decision reaffirms how the legacy OSWW bylaws were only intended
to remain in place until the Auckland Unitary Plan OSWW provisions became operative.
6
Alternative systems to the traditional septic tank and disposal field include water free systems,
vermicomposting, peat filtration and incineration.
7
Waiheke Local Board, Resolution number WHK/2014/112
19
5.3.3 Enforcement officer views
To understand how the regulatory framework is practiced and enforced within council, officers from
Resource Consents, Building Consents, and Licensing & Regulatory Compliance were interviewed
from November to March 2018. The focus areas of these interviews included how the management
process works, what issues exist, and what could be improved. The key themes are listed below
with the full breakdown in Appendix 7.3.
Interviewees
• Resource Consents – Senior Specialist, Natural Resources and Specialist Input
• Resource Consents – Principal Specialist, Wastewater and Coastal Team
• Licensing & Regulatory Compliance – Senior Specialist, Targeted Initiatives
• Licensing & Regulatory Compliance – Team Leader, Environmental Health
• Licensing & Regulatory Compliance – Waiheke’s Compliance Monitoring Officer
• Building Consents – Building Surveyor, Field Surveying
Themes
Simplicity of OSWW rules is needed: Owners have confusion and a “very apparent lack of
education” on responsibilities for managing OSWW system. The process and rules need
simplifying, so they can be easily communicated to owners. The permitted activities in the Unitary
Plan should be more black and white, especially regarding maintenance. Council receives a lot of
questions relating to needing maintenance and pump out. There is an expectation that the council
maintains all OSWW systems across Auckland.
Key findings from interviews with enforcement officers
• Many OSWW owners think council is responsible for maintaining their systems; there
needs to be increased awareness and education of the rules and regulations.
• Council responds only if there is already a problem. Relationships can be forged with
pump out contractors to alert council to impending issues.
• The enforcement powers in the Acts are sufficient, and officers will normally utilise
alternative methods, such as notices and warnings, before applying the full force of the
law.
• The building consent process should include a cumulative look at who else has OSWW
systems in the area and restrict landscaping of those with soakage fields.
20
The Auckland Unitary Plan is not easy to decipher for council officers as well. Wording of E5.6.2.2
is not helpful regarding what was considered a permitted activity without the need for a resource
consent when the Unitary Plan became operative.
Some Aucklanders have chosen to install alternative systems, but it is not an easy process as the
consenting process for alternative systems is quite convoluted.
Council is only reactive: A Unitary Plan breach is only triggered when an adverse effect
happens. Overloaded systems often need a blatant failure before it’s identified as a problem.
A temporary fix is not a solution: When a complaint is made and investigated, sometimes the
immediate nuisance is addressed (smell) but not the underlying problem (overuse).
Relationship with pump out contractors is important: Council sometimes get calls from service
and maintenance providers reporting that some of their customers are no longer maintaining their
systems and council should respond. However, council does not have the resources to address.
There have been stronger proactive arrangements in the past where after pump outs, contractors
would send a copy of the report to council. Where issues were noted with the tank, these would be
recorded, and a letter sent out to the owner to advise them of the possible defect.
Officers give warning first, enforce second: Current officer preference is to negotiate with the
landowner before using the force of law. Enforcement is not common due to the issue of increasing
negative public perception and cost. It is costly for council to prosecute, and the perpetrator often
can’t afford their own OSWW system let alone legal fees. Most often, warnings are provided for it
to be fixed. If no compliance, abatement can be considered. Council needs to be prepared to
enforce the notices and charge the customer. Compliance with notices is quite good as people
have a self-interest in fixing the issue.
Cumulative effect is an issue: The OSWW building consent application is assessed in isolation.
There is no neighbourhood or environmental scan completed to determine what impact a new
system will face, and problems arise with the cumulative strain of soakage fields. Soakage fields
can also be disrupted by minor landscaping which do not require a resource consent, such as
recontouring or adding a retaining wall. This change becomes a problem when one or more
property owners landscape and the cumulative impact inadvertently effects other’s soakage fields.
There are issues with the Code Compliance Certificate: There is no legal requirement for Code
Compliance Certificate (CCC). In practice, two years after a building consent is granted, an internal
decision is made whether to grant a CCC. If not granted, the homeowner would need to apply for
one later. The CCC issue would generally arise only when the property is sold, and a Land
Information Memorandum report is obtained. There is a gap in the Building Act 2004 as there are a
lot of OSWW systems without a CCC, and there is no ability to test those systems where no CCC
is issued. Officers assume this is a significant issue in rural areas.
Warrant of Fitness scheme would have risk: If council was involved with the certification
process, consideration needs to be given to council’s increased liability and legal risk if there is a
subsequent failure or issue. With more oversight and control comes more responsibility and
liability.
21
Rules are needed for upgrading OSWW systems: there is currently no requirement in the
legislation to upgrade OSWW systems.
Maintenance agreements not building consent law: Maintenance agreements are not legally
required for obtaining a building consent. Council’s consent process asks for a maintenance
agreement, but applicants can push back. And if they do enter one, there is nothing stopping them
from cancelling right after. However, the Unitary Plan requires regular maintenance once
operational.
Note: A bylaw cannot provide solutions to building consent issues.
A bylaw could not address problems regarding the cumulative effect of OSWW soakage fields or
the Code Compliance Certificate as a bylaw can not provide criteria additional or more restrictive
than the existing building code. Changes would need to be made to council’s building consent
process or to Auckland’s Building Code.
5.3.4 Waiheke’s Compliance Monitoring Officer interview
Requiring OSWW users to send in their pump out records proactively to council is the main
additional component the legacy bylaws provide over the Unitary Plan, Building Act 2004 and
Health Act 1956. The legacy bylaws enable this power for Papakura and Waiheke, although
Papakura does not utilise this feature.
To understand the benefits and issues of requiring proactive reporting, Waiheke’s Compliance
Monitoring Officer in Licensing and Regulatory Compliance was interviewed in March 2018.
Themes
Proactive reporting works well: The reporting scheme on maintenance and pump out generally
works well on Waiheke. Operators are also sending in advanced treatment systems maintenance
although not required.
Most residents comply:
Very few people do not comply with sending in records of pump out. A
letter is sent out reminding people of their obligations and advises about the bylaw which generally
gets good compliance. However, when people do not comply, no follow ups occur. Residents are
Key findings from Waiheke’s Compliance Monitoring Officer
• Building relationships with OSWW operators and maintenance providers is crucial to an
effective maintenance reporting scheme. The bylaw assists, but it is not required for
having records sent to council.
• Council messaging for requiring records needs to reflect it is in the owner’s interest to
maintain their systems to avoid failure and subsequent costs.
22
not always happy about this requirement, but they comply as it is in the owner’s interest to maintain
or pump out their systems to avoid OSWW failure and subsequent costs.
More education is needed:
Waiheke needs education for owners regarding OSWW
management. New owners find out about septic systems with a Waiheke welcome pack.
Building relationships with OSWW service providers is crucial:
There are only a few OSWW
maintenance providers on the island, so it is easy to foster relationships. The Waiheke bylaw
doesn’t require advanced treatment maintenance records to be sent to council, but the reporting
occurs because of the relationships forged with the commercial operators. When doing
inspections for failures, staff will work with the owners to help fix the issue instead of issuing fines
as it’s more effective. Have only had to issue an abatement notice once in ten years.
Advanced systems are failing the most:
Septic tanks are common on the island due to age of
buildings. New dwellings can be large for their section leaving smaller area for a disposal field and
at a higher use. Failings come most from advanced systems as they require more maintenance.
Note:
Although most residents comply with the proactive reporting scheme on Waiheke, there are
still issues with OSWW failure on Waiheke as seen by long-term hazards in Little Oneroa Lagoon.
5.3.5 Healthy Waters’ review of OSWW management
The Environment, Climate Change and Natural Heritage Committee
8
commissioned the creation of
a cross-council group in March 2016 to develop options for better management of privately-owned
OSWW systems. The group was also tasked to compare costs and benefits and recommend a
preferred solution to be ready for consideration during the 2018-2028 Long Term Plan process.
Healthy Waters has led this project group, and the current OSWW system bylaw review
contributes. The proposed OSWW Long Term Plan for development of a regulatory framework set
forth by Healthy Waters proposes the following from 2018-2023:
• enactment of regulation, including public consultation
• creation of a region-wide OSWW database
• establishment of a targeted rate or licensing administration
• set up of a certification scheme for maintenance contractors
• roll out of Guidance Document 06 (GD06) to update Technical Publication 58 (TP58)
• review and update education materials
• develop a monitoring programme for high risk areas as model validation.
After 2023, plans include a roll out of education initiatives, recruitment and training of additional
compliance officers, and a monitoring programme.
Note: None of the activities identified in Healthy Water’s proposal above are dependant or a
contingent to the council having a bylaw.
8
Environment, Climate Change and Natural Heritage Committee, Resolution Number ENV/2016/7
23
6 Statutory review findings and conclusion
The Local Government Act 2002 requires that the OSWW bylaws are reviewed by October 2020.
The review must comply with statutory requirements under the Act by identifying if the bylaws are
the most appropriate means for regulating OSWW systems.
In summary, the research and engagement contained in this report found the following.
The issues the bylaws set out to address are still problems
OSWW systems are failing across Auckland as seen from data showing unhealthy amounts of
human sourced E. coli in Auckland’s recreational water in addition to call centre complaints of
malfunctioning systems.
A bylaw is not the most appropriate means for addressing OSWW management
The findings show there is currently no regulatory gap for OSWW management which a bylaw
could address. The legacy OSWW bylaws provide no extra regulations to those already available
in the Auckland Unitary Plan, Resource Management Act 1991, Building Act 2004 and Health Act
1956.
Although the Waiheke and Papakura bylaws require users to send maintenance records to council,
this can be achieved without a bylaw through effective communication with the community and
relationship building. Council also can inspect the maintenance records on-site as stipulated in the
Auckland Unitary Plan.
If a change to regulation was required, it would need to be achieved through a plan change of the
Auckland Unitary Plan. The Auckland Unitary Plan was meant to replace the legacy OSWW bylaws
as the guiding document for managing OSWW systems.
There are non-regulatory opportunities
Most of the issues identified through the regulatory gap analysis and engagement had more
appropriate options to address the problem than a bylaw or law change such as:
• increasing the education of OSWW rules and regulations
• simplifying the OSWW regulations for communication
• increasing the understanding of the scale of OSWW system’s effect through a central
database of OSWW systems and increased environmental monitoring
• providing cost incentives for users to upgrade and/or maintain systems
• undertaking proactive OSWW risk of failure identification through relationship building with
OSWW service providers
• using the enforcement tools available in the Auckland Unitary Plan, Resource
Management Act 1991, Building Act 2004 and Health Act 1956.
24
7 Appendix
7.1 Estimate of OSWW location and scale
The 50,000-60,000 OSWW system estimate across Auckland came from analysing the two maps
below. The first map shows Watercare’s wastewater network. With the assumption that those not
on reticulation have an OSWW system, the lot density is overlaid on areas without reticulation in
the second map to give an estimate of amount of OSWW systems.
Figure 2 - Watercare wastewater network
25
Figure 3 - Lot density over non-reticulated areas
26
7.2 Local board views table
Table 6 - Local Board Views
Rodney
• Education - Unawareness around existing legislation and bylaws, there
needs to be more education of what’s already in place. People move out into
rural areas and don’t know they even have an OSWW system.
• Central database for OSWW systems
• Change of use – when someone applies for a new OSWW system or buys
a new property, it should kick off investigation of what systems are already on
the property. The new owners should be educated on OSWW systems as
well.
• Enforcement issue
• Incentives – should be incentives to connect to local OSWW network
Great
Barrier
• Enough legislation - There is already extensive legislation in the
RMA/BA/HA, maybe even too much, and any additional bylaws would be
over the top. The community would not appreciate council inspecting their
maintenance records on-site. There are no additional powers needed than
already set out in the existing legislation
• Education – most residents unaware of the existing legislation
• Cost Issue - OSWW maintenance and management is seen as a crippling
cost and burden for the Great Barrier demographics. Residents hesitant to
report their OSWW failures as fearful won’t be able to fix it. Needs to be
focus on getting costs down for OSWW owners and allowing alternative
systems or helping people upgrade their systems.
Waitakere
• Environmental Monitoring – find a way to trace point source pollution
• Pump-out – make sure pump-out contractors are reporting back issues they
find. And make sure pump-outs are only occurring when needed instead of
by the clock. Too frequent pump-outs can compromise effectiveness of low
volume systems and less foot track needed as there is a risk of spreading
Kauri dieback.
• Targeted rate - concerned over value of targeted rate for pump-out as
compared to using a private pump-out provider
27
• Proposed water levy – concern the funds would be unfairly used on the
inner city
• Stricter rules for sensitive environments
• Power of entry and inspection – make sure this power remains available
as key to identifying pollution sources
Waiheke
• Simplicity – need a regulatory framework that is easy for people to access
and highlights problems and how to deal with them
• Cost issue - need to consider unintended consequences and additional
costs for Aucklanders. Outcomes thinking is required as opposed to outputs.
• Enforcement – focus on compliance and the power to enforce standards in
place. There is currently no sense of urgency to comply.
• Central database for OSWW systems
• Better OSWW testing – currently there is a crudeness of testing.
Mechanisms to improve quality of testing and determining failure cause are
needed.
• Old systems are an issue – old concrete block septic tanks that have little
maintenance on them. Little Oneroa has oldest houses.
• Change of use – Waiheke specifically has issues with change of use from
holiday visitors and permanent accommodations.
Franklin
•
Pump-out frequency
– three yearly pump-out timeframe not best measure,
instead should be based on the system.
•
Old systems
- make sure regulations apply to old systems from the 30s and
40s as well
•
Resource issue
- it’s a big job for compliance officers to inspect and go to
each system in rural areas.
•
Central database for OSWW systems
•
Incentives –
how can we enable users to connect to shared system
•
Cost –
what is fair and equitable to get people to upgrade their systems.
Don’t double charge people for forcing them to manage OSWW system and
28
then connect to reticulation when it arrives. Concern over resource consents
being expensive, specifically the water testing compliance aspect.
•
Cumulative effects
– concern over multiple systems together
•
Environmental Monitoring
– more monitoring and testing needed,
especially DNA testing
•
Enforcement
- would like to see council be careful about taking a heavy
hand to enforcement given the reticulated system fails as well. Consider the
practical effects of enforcement and what can actually be achieved going in
heavy.
Upper
Harbour
• Education – including foreign buyers
• Central database for OSWW systems
• No overregulation – those who maintain their systems properly shouldn’t be
punished because of those who don’t. Big waste of council resource to try
and maintain all OSWW systems, should just deal with problems.
• Intensification issue – paddocks have been divided for new subdivisions,
cutting through septic lines
29
7.3 Council enforcement officer views table
Table 7 - Council enforcement officer views
Dec 2017
Resource
Consents –
Natural
Resources
and Specialist
Input – Senior
Specialist
Resource
Consents –
Principal
Specialist
wastewater
and coastal
team
Licensing and
Regulatory
Compliance –
Senior
Specialist
• No additional legislation needed - Licensing and Compliance have all
the tools. The Unitary Plan advises when an OSWW system is a
permitted activity. When there is an adverse effect, can provide an
abatement notice.
• Simplicity needed - The process and rules need simplicity so can be
communicated to what owners must do. The permitted activities in the
Unitary Plan should be more black and white, especially regarding
maintenance.
• Resource consents – currently have a low number of OSWW systems
which have resource consents, approx. 2,000. These are kept on record
and are monitored and have requirements as part of their resource
consent. A risk profile is allocated, and reporting is required on a
frequency related to risk.
• Process for Unitary Plan breach – generally, permitted activities are
low risk. They would need complaints to be made adverse effects before
triggering the system:
o A complaint is needed
o Evidence that maintenance requirements are not being met.
Unitary Plan E6.1.1(3) could be used as all very effects based.
o If found to be a breach, would do a risk-based assessment on the
effect on the environment, how long the breach has been
occurring, the attitude of the owner/occupier in taking steps to
remedy the breach
o Most often, warnings would be provided for it to be fixed. If no
compliance, abatement can be considered
o If not fixed, can require a resource consent so it will be a
complying activity. Advantage here is the monitoring built into
resource consents and can hold people accountable. It is a
mechanism to go out and check compliance with maintenance
requirements.
• Issues:
o When a complaint is made and investigated, the immediate
nuisance is addressed (smell) but not the underlying problem
(overuse)
30
o Overloaded systems often need a blatant failure with adverse
effects to occur before it’s identified as a problem
o Unitary Plan wording of E5.6.2.2 is not helpful regarding what was
considered a permitted activity with a resource consent when the
Unitary Plan became operative
o There is no requirement in the RMA or other legislation to
upgrade OSWW systems
o Council sometimes get calls from service and maintenance
providers reporting that some of their customers are no longer
maintaining their systems and council should do something. But
council doesn’t have the resources to address.
o Council very reactive
• Warrant of fitness - If council was involved with the certification process,
need to consider council’s increased liability and legal risk if there is a
subsequent failure or issue. With more oversight and control comes more
responsibility and liability.
Nov 2017
Building
Consents,
Building
Surveyor
• OSWW in bad situation – cannot make OSWW systems compliant
under the current regime. The environmental standards are impossible to
reach, there is an issue with creating site surveys and fields which
comply with TP58 and OSWW systems are overused in the summertime
months (e.g. Muriwai).
• Issues:
o The building consent application is assessed in isolation (only the
subject property or in rare circumstances of an encroachment, the
subject properties will be assessed). There is no neighbourhood
or environmental scan completed to determine what is happening
in the area and whether that would impact on any system being
put in.
o No legal requirement for Code Compliance Certificate. In practice,
two years after a building consent is granted, an internal decision
is made whether to grant a CCC. If not granted, the homeowner
would need to apply for one later. A letter would be sent out to
those people who fall into that category. The CCC issue would
generally arise only when the property is sold, and a LIM report is
obtained. There is also a gap in the Building Act that there are a
lot of plants without a CCC and no ability to test those systems
where no CCC is issued. It is assumed that this is a significant
issue in rural areas.
31
o Even if CCC issued, problems can arise. Soakage fields can be
disrupted by minor landscaping which don’t require a resource
consent such as recontouring or adding a retaining wall. Can also
be affected by cumulative effect where one or more property
owners landscape inadvertently effecting other’s soakage fields.
o There is no legal requirement for a maintenance agreement to be
entered to obtain a building consent. Council’s building consent
process asks for a maintenance agreement, but applicants can
push back on this. And then if they do enter one, there’s nothing
stopping them from cancelling right after.
o If the system is not working or not functioning correctly and there
have been no changes to it, it is still technically compliant with the
Building Code. This situation is difficult. Estimates 90% of old
systems not operating properly.
• Pump-out contractors - When pump-out contractors notice an issue and
report to council, there is the ability under the Building Act to declare a
building as insanitary on the basis that there are no working sanitary
features/facilities. That is the strongest tool they have in the Building Act.
It requires an insanitary building notice to be issued. If there is no
compliance with the notice, the council can infringe straight away with a
$2,000.00 fine or prosecute. The notice can also require emergency
work is completed (minimum timeframe is 10 days). The argument is that
the pipes are part of the building elements. No challenge has been raised
to these notices yet, however this is untested.
• Alternative OSWW systems - Needs to be a better definition for OSWW
systems. There are alternative waterless systems involving composting.
Some Aucklanders have chosen to install these alternative systems, but it
is not an easy process as the consenting process for alternative systems
is quite convoluted
• Enforcement - Council needs to be prepared to enforce the notices –
enforcement is not common due to the issue of public perception and
cost – both cost to council and the issue of getting funds out of someone
who cannot afford to pay for the system in the first place.
November
2017
• Customer queries on maintenance - Receive a lot of questions relating
to maintenance of the systems and those trying to get an early pump out.
There is an expectation that the council maintains all OSWW systems.
Often those complaints are dealt with quickly and they are told to get a
private provider involved as the council does not provide maintenance.
32
Licensing and
regulatory
compliance –
environmental
health – team
leader
Receive about two complaints a week, mostly about who is maintaining
their system.
• Unitary Plan communication not effective - have found no change in
enforcement since the Unitary Plan came into force
• Health Act 1956 - When issues arise which require resolution by their
team, e.g. causing nuisance with smell or foul water, they utilise the
powers under the Health Act. most people will fix the issue once a
nuisance notice has been served on them. Within the nuisance notice,
they would have a reasonable timeframe to make the necessary repairs.
If there has not been compliance, or if there is urgency, council can go in
and arrange for it to be fixed, with the cost then charged to the
customer/property owner. This does not happen often. In determining
whether to go down the path of the council arranging for it to be fixed and
on charging the customer, a risk assessment would be completed. This
would include determining the level of contamination, whether there were
vulnerable people at the site and the response from the property owner.
They are reluctant to do a charging order and would prefer to negotiate
with the landowner. While the negotiation process does involve a lot of
work for them, it is the preference.
• Resource Management Act 1991 – no RMA tools are used by this team
to enforce or deal with issues or breaches
• Customer compliance - compliance with the notices is quite good as
people have an interest in fixing the issue as it affects them personally.
Where problems arise are with tenanted properties where the landlord is
uncontactable, or not interested in fixing it.
• Pump-out contractors reporting - Previously, when the contractor
completed pump outs, they would send a copy of the report to council.
Where issues were noted with the tank, these would be recorded, and a
letter sent out to the owner to advise them of the possible defect. This
was sort of a proactive arrangement whereby it would act like an informal
inspection taking place as part of the pump out scheme and repairs could
be affected before there was a failure of the system.
• Issues:
o Very apparent lack of education and confusion about
responsibilities
o Locating systems on the properties can be difficult, especially old
as-built plans being inaccurate or unavailable. Information is
incomplete and inaccurate
o Issue with change of use and the system not coping. Especially in
areas like Piha where there has been a change of the property
from a bach to permanent residence.
33
7.4 OSWW bylaw provisions compared to Resource Management Act
1991, Building Act 2004 and Health Act 1956
Table 8 - Auckland City Council Bylaws: Bylaw No. 29 - Waiheke Wastewater 2008
Bylaw Stipulation
Matching stipulation in Resource
Management Act 1991, Building Act 2004
and Health Act 1956
On-site disposal
29.1.1 All wastewater generated on an
allotment shall be disposed of within the
confines of that allotment unless otherwise
approved by the Council and the Auckland
Regional Council.
Health Act s39 requires all dwellings to have
suitable appliances for the disposal of refuse
water in a sanitary manner.
Building Code G13.2(b) states if no sewer
system available, an adequate system for
the storage, treatment, and disposal of foul
water must be provided in buildings in which
sanitary appliances using water-borne waste
disposal are installed.
Building consent
29.2.1 Owners of properties who wish to
install a domestic wastewater treatment
system on their properties shall apply for a
building consent in terms of the Building Act
2004.
Building Act 40 (1) – A person must not carry
out any building work except in accordance
with a building consent.
29.2.2 A building consent application to
install a domestic wastewater treatment
system shall include such details as may be
required by the council to assess its
compliance with the Building Code, the
requirements of the Auckland Regional
Plan: Air, Land and Water, (ALWP) and the
following:
a. The procedures for the testing,
commissioning, operation and
maintenance of the system;
b. The size and contours and intended use
of the site;
c. Soil conditions including permeability
and stability;
d. Vegetative cover;
e. Ground water and surface water
conditions;
f. Location of existing and future buildings
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
As part of building consent an on-site
Wastewater Disposal Site Evaluation
Investigation Checklist (known as the
Appendix E form) must be completed and
signed. Part of On-site Wastewater Systems
Design and Management Manual (TP58).
Appendix E includes:
• Performance of adjacent systems
• Estimated rainfall and seasonal
variation
34
(including water tanks), parking areas
and driveways;
g. Access for maintenance of septic tanks
and disposal areas;
h. The position of adjacent streams and
waterways;
i. A soil profile test outlining the soil types
encountered to a depth of 1.5 metres or
groundwater depth by means of a
suitably sized borehole or test pit.
The council may within the period
prescribed by the Building Act require the
owner to provide more information to
determine whether or not the domestic
wastewater treatment system will meet the
requirements of the Building Code.
The Auckland Regional Plan: Air, Land and
Water requires all domestic wastewater
treatment systems to be designed, installed
and operated in accordance with Auckland
Regional Council’s Technical Publication 58
(TP 58): On-site Wastewater Systems:
Design and Management Manual. Appendix
E of TP58 contains an on-site wastewater
disposal site evaluation investigation
checklist. Council will also have regard to
the requirements of this appendix when
assessing building consent applications to
install domestic wastewater treatment
systems.
• Vegetation cover
• Slope shape
• Slope angle
• Surface water drainage
characteristics
• Flooding potential
• Surface water separation
• Site clearances
• Site characteristics
• Site geology
• Subsoil investigation
• Assessment of environmental effects
Granting of consent
29.2.3 After considering an application for a
building consent, the council shall grant the
consent if it is satisfied on reasonable
grounds that:
a. the provisions of the Building Code
and
b. the permitted activity standards for
domestic wastewater treatment
systems in the ALWP,
would be met, if the work on the domestic
wastewater treatment system was
completed in accordance with the plans and
specifications submitted with the
application.
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
35
The council may accept producer
statements from approved persons for the
design and construction of domestic
wastewater treatment systems.
Wastewater treatment systems that do not
comply with the permitted activity status in
the ALWP must be approved by the
Auckland Regional Council before the can
be installed. Once approved the installation
of the system will still require a building
consent from Auckland City Council.
As-built plans
29.2.4 The council shall not provide a code
compliance certificate for a domestic
wastewater treatment system until the owner
has provided the council with a copy of the
as-built plans of the completed installation
Building Act s92 - An owner must apply to a
building consent authority for a code
compliance certificate after all building work
to be carried out under a building consent
granted to that owner is completed.
Building Act s94 - A building consent
authority must issue a code compliance
certificate if it is satisfied, on reasonable
grounds, —
a. that the building work complies with the
building consent
Drainlayer
29.3.1The installation, alteration or repair of
all domestic wastewater treatment systems
involving septic tanks and underground
pipelines shall be undertaken by a
registered drainlayer.
Building Act s84 - All restricted building work
must be carried out or supervised by a
licensed building practitioner who is
licensed to carry out or supervise the work.
Plumbers, Gasfitters, and Drainlayers Act
2006 s10 - A person must not do any
drainlaying, or assist in doing any
drainlaying, unless that person is authorised
to do so under this section.
The following persons may do drainlaying, or
assist in doing drainlaying, within the limits
prescribed in regulations (if any):
a. a registered person who is authorised to
do, or assist in doing, the work under a
current practising licence; or
b. a person who is authorised to do, or
assist in doing, the work under a
provisional licence.
Notifying Council
Building Act 40 (1) – A person must not carry
36
29.3.2 All new domestic wastewater
treatment systems and any alterations to
existing systems shall be inspected by an
authorised officer before being covered up.
out any building work except in accordance
with a building consent.
As part of council’s consent process, Onsite
Wastewater Final Checklist requires
inspection - AC1231
Testing and commissioning
29.4.1 New domestic wastewater treatment
systems shall be tested and commissioned
according to any conditions that the council
may include in a building consent.
Building Act 40 (1) – A person must not carry
out any building work except in accordance
with a building consent.
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
Maintenance
29.5.1The owner of any property which
contains a domestic wastewater treatment
system shall ensure that at all times access
is available:
a. To the treatment system or septic tank
so that it can be easily opened for the
purposes of cleaning, removal of settled
solids and maintenance;
b. To any disposal field or disposal system
so that it can be maintained in good
working order.
Building Code G13.3.1 (2) – The plumbing
system shall be constructed to provide
reasonable access for maintenance and
clearing blockages.
Building Code G13.3.2(d) – The drainage
system shall be provided with reasonable
access for maintenance and clearance
blockages.
Building Code G13.3.4 – If no sewer is
available, facilities for the storage, treatment
and disposal of foul water must be
constructed with adequate vehicle access for
collection if required and permit easy
cleaning and maintenance.
29.5.2 Domestic wastewater treatment
systems shall be maintained and operated
in such a manner to prevent any discharge
of wastewater onto the surface of any land
or into any water body.
Unitary Plan E5.4.1 permitted activities allow
discharge of treated domestic type
wastewater only.
Otherwise:
Resource Management Act s15 - No person
may discharge any—
a. contaminant or water into water; or
b. contaminant onto or into land in
circumstances which may result in that
contaminant (or any other contaminant
37
emanating as a result of natural
processes from that contaminant)
entering water
Pump out required
29.5.3 Except as otherwise provided in
clause 29.5.5 all property owners on
Waiheke Island whose property contains a
septic tank or domestic wastewater
treatment system that accumulates solids,
shall have that septic tank or system
pumped out to remove all settled solids at
least once every 36 months. The property
owner shall provide a copy of the receipt for
having this work done to the Waiheke
Service Centre of the Auckland City Council
within 14 days of the tank being pumped
out.
Every person undertaking the removal of
settled solids from domestic wastewater
treatment systems and septic tanks shall
comply with the provisions of section 54
(offensive trades) of the Health Act 1956.
Up E5.6.1.(3)(c)(d) – primary/ septic tank(s)
and the land application disposal system are
inspected no less frequently than every three
years and where necessary the tank(s) are
pumped out by a suitable qualified on-site
waste water service provider when sludge
and scum levels occupy 50 per cent of the
tank volume and records of each
maintenance action must be retained and
made available on the site for inspection by
the Council or their agents.
Bylaw Gap – Unitary Plan does not
require pump out receipt to be proactively
sent in. But council could inspect
maintenance receipt on-site.
Unitary Plan also does not state that it
must be pumped out every 3 years, only
when necessary when sludge and scum
levels occupy 50 per cent of the tank.
Inspection after pump out
29.5.4 An authorised officer of the council
may enter any property and inspect any
septic tank or domestic wastewater
treatment system that accumulates solids,
to check the condition of the septic tank or
the treatment system and to determine
whether any recent removal of settled solids
has occurred in a satisfactory manner.
Building Act s222 - An authorised officer is
entitled, at all times during normal working
hours or while building work is being carried
out, -
a. to inspect—
I. land on which building work is or is
proposed to be carried out; and
II. building work that has been or is
being carried out on or off the
building site; and
III. any building;
b. to enter premises for -
I. the purpose of inspecting the
building; or
II. the purpose of determining whether
the building is dangerous or
insanitary
inspection means the taking of all reasonable
steps—
c. to enable a territorial authority to –
I. identify dangerous or insanitary
38
buildings within its district; and
II. carry out its functions or duties in
relation to those buildings
Resource Management Act s332 - Any
enforcement officer, specifically authorised in
writing by any local authority or consent
authority to do so, may at all reasonable
times go on, into, under, or over any place or
structure, except a dwellinghouse, for the
purpose of inspection to determine whether
or not—
a. this Act, any regulations, a rule of a plan,
a resource consent, section 10 (certain
existing uses protected), or section
10A (certain existing activities
allowed), or section 20A (certain lawful
existing activities allowed) is being
complied with
Unitary Plan E5.6.1.(3)(d) - records of each
maintenance action must be retained and
made available on the site for inspection by
the Council or their agents.
Exemptions
29.5.5 Property owners may apply to the
council for an exemption from the
requirement of clause 29.5.3. The council
may require from the owner such
information as is necessary to determine
whether or not to grant an exemption. In
granting an exemption the council may set
such conditions as it shall think fit.
Dispensations may be granted for reasons
such as the use of the facilities are not used
on a regular basis and the accumulation of
solids is sufficiently low as to provide good
operating capacity for periods exceeding
three years.
Unitary Plan E5.6.1.(3)(c) – primary/ septic
tank(s) and the land application disposal
system are inspected no less frequently than
every three years and where necessary the
tank(s) are pumped out by a suitable
qualified on-site waste water service provider
when sludge and scum levels occupy 50 per
cent of the tank volume.
Investigation
29.6.1 An authorised officer may undertake
such inspections and investigations as are
reasonably necessary to establish the
dimensions, location and condition of any
domestic wastewater treatment system.
Unitary Plan E5.6.1.(3)(d) - records of each
maintenance action must be retained and
made available on the site for inspection by
the Council or their agents.
Resource Management Act s332 - Any
39
enforcement officer, specifically authorised in
writing by any local authority or consent
authority to do so, may at all reasonable
times go on, into, under, or over any place or
structure, except a dwellinghouse, for the
purpose of inspection to determine whether
or not—
b. this Act, any regulations, a rule of a plan,
a resource consent, section 10 (certain
existing uses protected), or section
10A (certain existing activities
allowed), or section 20A (certain lawful
existing activities allowed) is being
complied with
Building Act s222 - An authorised officer is
entitled, at all times during normal working
hours or while building work is being carried
out, -
c. to inspect—
IV. land on which building work is or is
proposed to be carried out; and
V. building work that has been or is
being carried out on or off the
building site; and
VI. any building;
d. to enter premises for -
III. the purpose of inspecting the
building; or
IV. the purpose of determining whether
the building is dangerous or
insanitary
Inspection means the taking of all
reasonable steps—
a. to determine whether—
I. building work is being carried out
without a building consent; or
II. building work is being carried out in
accordance with a building consent;
or
III. a notice to fix has been complied
with:
b. to enable a territorial authority to—
I. identify dangerous, earthquake-
prone, or insanitary buildings within
its district; and
II. carry out its functions or duties in
relation to those buildings:
40
Remedial work
29.6.2 Where the council considers that a
domestic wastewater treatment system is
a. not operating in accordance with the
Building Act or Building Code or the
conditions of a building consent or
the Auckland Regional Plan: Air, land
and Water or is
b. not operating in a sanitary and
efficient manner, or
c. it is likely to be contaminating a
neighbouring property or a water
source
then the council may require the owner to:
1. clean the system or pump out any
settled solids in the system; or
2. repair or maintain the treatment
system to meet the above
requirements.
Building Act s124 - If a territorial authority is
satisfied that a building in its district is a
dangerous, affected, or insanitary building.
The territorial authority may do any or all of
the following:
a. put up a hoarding or fence to prevent
people from approaching the building
nearer than is safe:
b. attach in a prominent place on, or
adjacent to, the building a notice that
warns people not to approach the
building:
c. except in the case of an affected
building, issue a notice that complies
with section 125(1) requiring work to be
carried out on the building to—
I. reduce or remove the danger; or
II. prevent the building from
remaining insanitary:
d. issue a notice that complies with section
125(1A) restricting entry to the building
for particular purposes or restricting entry
to particular persons or groups of
persons.
Building Act s220 - This section applies if—
a. a person is required, under this Act, by a
building consent authority, territorial
authority, or regional authority to carry
out any building work on, or in
connection with, any building; and
b. either—
I. that person, after being given notice
of the requirement, fails to commence
to comply with the notice within the
time stated in the notice or, if the time
is not so stated, within a reasonable
time; or
II. that person, after a certificate from
any officer of the territorial authority
that the work is of an urgent nature is
communicated to him or her, defaults
for 24 hours from the time of that
communication; and
c. that person does not immediately
proceed with the work with all reasonable
speed.
41
The territorial authority may apply to the
District Court for an order authorising the
territorial authority to carry out building work.
If a territorial authority carries out building
work under the authority of an order made
under subsection (2),—
a. the owner of the building is liable for the
costs of the work; and
b. the territorial authority may recover those
costs from the owner; and
c. the amount recoverable by the territorial
authority becomes a charge on the land
on which the work was carried out.
Resource Management Act s322 - An
abatement notice may be served on any
person by an enforcement officer—
a. requiring that person to cease, or
prohibiting that person from
commencing, anything done or to be
done by or on behalf of that person that,
in the opinion of the enforcement
officer,—
I. contravenes or is likely to contravene
this Act, any regulations, a rule in a
plan, or a resource consent; or
II. is or is likely to be noxious,
dangerous, offensive, or
objectionable to such an extent that it
has or is likely to have an adverse
effect on the environment
Resource Management Act s323 - Subject to
the rights of appeal in section 325, a person
on whom an abatement notice is served
shall—
a. comply with the notice within the period
specified in the notice; and
b. unless the notice directs otherwise, pay
all the costs and expenses of complying
with the notice.
42
Table 9 - North Shore City Bylaw 2000: Part 20 Wastewater
Bylaw Stipulation
Matching stipulation in Resource
Management Act, Building Act and Health
Act
Building Act and Local Government Act
20.1.2.1 Where this document provides for
obligations or powers which are otherwise
provided for in the Building Act 2004 or the
Local Government Act 2002, then the
provisions of those statutes shall prevail and
shall be enforced by the Council in the way
provided for in them.
LGA s152 – A council may not make a bylaw
under this Act that purports to have the effect
of requiring a building to achieve
performance criteria additional to, or more
restrictive than, those specified in the
Building Act 2004 or the building code.
20.1.2.2 Nothing in this document shall be
read as abrogating from the Council's
powers under those statutes or indicating
that compliance or enforcement action will
not be taken under those statutes.
Same as above
20.1.2.3 Council may exercise any discretion
contrary to this document in such
circumstances and on such occasions as
may be appropriate. All dispensations will be
given in writing.
Same as above
On-site disposal
20.7.3.1 All wastewater generated on any
allotment that is not serviced by Council’s
public sewer network must be treated and be
disposed of within the confines of that
particular allotment or an easement for which
rights for such disposal have been
established.
Health Act s39 requires all dwellings to have
suitable appliances for the disposal of refuse
water in a sanitary manner.
Building Code G13.2(b) states if no sewer
system available, an adequate system for
the storage, treatment, and disposal of foul
water must be provided in buildings in which
sanitary appliances using water-borne waste
disposal are installed.
Maintenance
20.7.3.2 Any onsite wastewater system shall
be operated and maintained in accordance
with the Auckland Regional Council's current
Technical Publication 58 (TP58) - Onsite
Wastewater Systems: Design and
Management Manual including, where
applicable, the Operation and Maintenance
Management Plan.
Unitary Plan E5.6.1.(3) – The wastewater
treatment system must be maintained by a
suitably qualified on-site wastewater service
provider in accordance with Technical
Publication 58 On-site Wastewater Systems:
Design and Management Manual 2004
(TP58) recommendations, the
manufacturer’s recommendations or the
suitably qualified on-site wastewater service
provider’s recommendations.
43
Breaches and remedies
20.7.3.3 Where there is evidence that an on-
site wastewater system comprising a
secondary treatment system is not being
maintained under a suitable programmed
maintenance contract, Council will require
that a suitable contract is entered into and
evidence provided for Council records within
a twenty-eight day period of the date of such
request in writing.
Unitary Plan E5.6.1.(3)(b) – at a minimum
the maintenance must ensure that the
secondary/tertiary treatment plant and the
land application disposal system is serviced
six monthly by a suitably qualified on-site
wastewater service provider.
Bylaw gap – Unitary Plan does not
specify time requirement to remedy
breached permitted standards.
Breaches and remedies
20.7.3.4 Where there is evidence that an on-
site wastewater systems is causing adverse
affects to neighbouring property and/or is
operating well outside the typical effluent
quality ranges set out in Table 7.1 of TP58,
Council may
a. request, a report be provided within
fourteen days of written advice of
Council, from a suitable qualified person
with recommendations to any needed
actions to bring the system into
acceptable effluent quality ranges
b. direct that recommended actions are
constructed and commissioned under
building consent where appropriate
within twenty-eight days of such written
direction or the date of issue of building
consent, whichever is later
c. direct the use or partial use of reserve
land application areas as defined in
TP58.
Unitary Plan E5.6.1.(1) – The wastewater
discharge must not result in contamination of
ground water at a point of extraction, any
surface water, a stromwater drain, a
neighbouring property, or cause a public
health risk.
Building Act s123 - A building is insanitary for
the purposes of this Act if the building
a. is offensive or likely to be injurious to
health because—
I. of how it is situated or constructed; or
II. it is in a state of disrepair; or
b. does not have a supply of potable water
that is adequate for its intended use
Building Act s124 - If a territorial authority is
satisfied that a building in its district is a
dangerous, affected, or insanitary building.
The territorial authority may do any or all of
the following:
a. put up a hoarding or fence to prevent
people from approaching the building
nearer than is safe:
b. attach in a prominent place on, or
adjacent to, the building a notice that
warns people not to approach the
building:
c. except in the case of an affected
building, issue a notice that complies
with section 125(1) requiring work to be
carried out on the building to—
I. reduce or remove the danger; or
44
II. prevent the building from
remaining insanitary:
d. issue a notice that complies with section
125(1A) restricting entry to the building
for particular purposes or restricting entry
to particular persons or groups of
persons.
Building Act s125(1) A notice issued
under section 124(2)(c) must—
a. be in writing; and
b. be fixed to the building in question;
and
c. be given in the form of a copy to the
persons listed in subsection (2); and
d. state the time within which the
building work must be carried out,
which must not be less than a period
of 10 days after the notice is given or
a period reasonably sufficient to
obtain a building consent if one is
required, whichever period is longer;
and
e. state whether the owner of the
building must obtain a building
consent in order to carry out the work
required by the notice.
Table 10 - Papakura District Council Wastewater Bylaws 2008
Bylaw Stipulation
Matching stipulation in Resource
Management Act, Building Act and Health
Act
On-site disposal
9.1 - All wastewater generated on an
allotment shall be disposed of within the
confines of that allotment unless otherwise
approved by the Council and the Auckland
Regional Council.
Health Act s39 requires all dwellings to have
suitable appliances for the disposal of refuse
water in a sanitary manner.
Building Code G13.2(b) states if no sewer
system available, an adequate system for
the storage, treatment, and disposal of foul
water must be provided in buildings in which
sanitary appliances using water-borne waste
disposal are installed.
45
Building consent
10.1 - Owners of properties who wish to
install a wastewater disposal facility on their
property shall apply for a building consent in
terms of the Building Act 2004.
Building Act 40 (1) – A person must not carry
out any building work except in accordance
with a building consent.
10.2 - A building consent application to
install a wastewater disposal facility
shall include such details as may be
required by the Council to assess its
compliance with the Building Code
including but not limited to:
a. The procedures for the testing,
commissioning, operation and
maintenance of the facility
b. The size and contours and intended
use of the site;
c. Soil conditions including permeability
and stability;
d. Vegetative cover;
e. Ground water and surface water
conditions;
f. Location of existing and future
buildings, parking areas and driveways;
g. Access for maintenance of septic tanks
and disposal areas;
h. The position of adjacent streams and
waterways;
i. Porosity tests on soils of the site.
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
As part of building consent an on-site
Wastewater Disposal Site Evaluation
Investigation Checklist (known as the
Appendix E form) must be completed and
signed. Part of On-site Wastewater Systems
Design and Management Manual (TP58).
Appendix E includes:
• Performance of adjacent systems
• Estimated rainfall and seasonal
variation
• Vegetation cover
• Slope shape
• Slope angle
• Surface water drainage
characteristics
• Flooding potential
• Surface water separation
• Site clearances
• Site characteristics
• Site geology
• Subsoil investigation
• Assessment of environmental effects
10.3 - The Council may within the period
prescribed by the Building Act (2004) require
the owner to provide more information to
determine whether or not the wastewater
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
46
disposal system will meet the requirements
of the Building Code.
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
10.4 - After considering an application for a
building consent, the Council shall grant the
consent if it is satisfied on reasonable
grounds that the provisions of the Building
Code would be met if the work on the
wastewater disposal system was completed
in accordance with the plans and
specifications submitted with the application.
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
TP58
10.5 - Foulwater disposal systems designed
in accordance with Technical Publication No.
58, entitled "On-Site Disposal From
Households and Institutions" (TP 58) as
issued by ARC in 1989 including its latest
amendments and issues shall be accepted
by the Council as one acceptable solution to
the requirements of the Building Code.
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
As part of building consent an on-site
Wastewater Disposal Site Evaluation
Investigation Checklist (known as the
Appendix E form) must be completed and
signed. Part of On-site Wastewater Systems
Design and Management Manual (TP58).
Producer Statements
10.6 - The Council may accept producer
statements from approved persons for the
design and construction of foulwater disposal
systems.
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
10.7 - The Council shall not provide a Code
Compliance Certificate for the drainage work
until the owner has provided the Council with
a copy of the as-built plans of the completed
installation.
Building Act s92 - An owner must apply to a
building consent authority for a code
compliance certificate after all building work
to be carried out under a building consent
granted to that owner is completed.
Building Act s94 - A building consent
authority must issue a code compliance
certificate if it is satisfied, on reasonable
grounds,—
a. that the building work complies with the
building consent
Drainlayer
Building Act s84 - All restricted building work
47
11.1 - The installation, alteration or repair of
all foulwater disposal systems involving
septic tanks and underground pipelines shall
be undertaken by a Registered Drainlayer.
must be carried out or supervised by a
licensed building practitioner who is
licensed to carry out or supervise the work.
Plumbers, Gasfitters, and Drainlayers Act
2006 s10 - A person must not do any
drainlaying, or assist in doing any
drainlaying, unless that person is authorised
to do so under this section.
The following persons may do drainlaying, or
assist in doing drainlaying, within the limits
prescribed in regulations (if any):
c. a registered person who is authorised to
do, or assist in doing, the work under a
current practising licence; or
d. a person who is authorised to do, or
assist in doing, the work under a
provisional licence.
Inspection
11.2 - All foulwater disposal installations
shall be inspected by a Council officer before
being covered up. The owner or the person
undertaking the installation of a foulwater
disposal system shall give the Council the
required notification as set out in Regulation
7 of the Building Regulations 1992.
Building Act 40 (1) – A person must not carry
out any building work except in accordance
with a building consent.
As part of consent - AC1231 – Onsite
Wastewater Final Checklist requires
inspection.
Regulation 7 of Building Regulations has
hence been revoked.
Testing and commission
12.1 - New foulwater disposal facilities shall
be tested and commissioned according to
any conditions that the Council may include
in a building consent.
Building Act 40 (1) – A person must not carry
out any building work except in accordance
with a building consent.
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
Maintenance
13.1 - The owner of any property which
contains a foulwater disposal system
shall ensure that at all times access is
Building Code G13.3.1 (2) – The plumbing
system shall be constructed to provide
reasonable access for maintenance and
clearing blockages.
48
available:
a. To the treatment plant or septic tank
so that it can be easily opened for
the purposes of cleaning, removal of
settled solids and maintenance;
b. To any disposal field or disposal
system so that it can be maintained
in good working order.
Building Code G13.3.2(d) – The drainage
system shall be provided with reasonable
access for maintenance and clearance
blockages.
Building Code G13.3.4 – If no sewer is
available, facilities for the storage, treatment
and disposal of foul water must be
constructed with adequate vehicle access for
collection if required and permit easy
cleaning and maintenance.
13.2 - Foulwater disposal systems shall
be maintained and operated in such a
manner to prevent any discharge of
foulwater onto the surface of any land or
into any water body.
Unitary Plan E5.4.1 permitted activities allow
discharge of treated domestic type
wastewater only.
Otherwise:
Resource Management Act s15 - No person
may discharge any—
c. contaminant or water into water; or
d. contaminant onto or into land in
circumstances which may result in that
contaminant (or any other contaminant
emanating as a result of natural
processes from that contaminant)
entering water
Pump out
13.3 - Except as otherwise provided in
Clause 13.6 all property owners whose
property contains a septic tank shall
have that tank pumped out to remove all
settled solids at least once every 36
months. The property owner shall
provide a copy of the receipt for having
this work done to Papakura District
Council within 14 days of the tank being
pumped out.
Unitary Plan E5.6.1.(3)(c)(d) – primary/
septic tank(s) and the land application
disposal system are inspected no less
frequently than every three years and where
necessary the tank(s) are pumped out by a
suitable qualified on-site waste water service
provider when sludge and scum levels
occupy 50 per cent of the tank volume and
records of each maintenance action must be
retained and made available on the site for
inspection by the Council or their agents.
Bylaw Gap – Unitary Plan does not
require pump out receipt to be proactively
sent in. But council could inspect
maintenance receipt on-site.
Unitary Plan also does not state that it
49
must be pumped out every 3 years, only
when necessary when sludge and scum
levels occupy 50 per cent of the tank.
13.4 - Every person undertaking the
removal of settled solids from septic
tanks shall comply with the provisions of
Section 54 of the Health Act 1956.
Health Act s54 – Restrictions on carrying on
offensive trade
Entry and inspection
13.5 - An authorised officer of the
Council may enter any property and
inspect any septic tank to check the
condition of the tank and to determine
whether it has been pumped out in a
satisfactory manner.
Building Act s222 - An authorised officer is
entitled, at all times during normal working
hours or while building work is being carried
out, -
d. to inspect—
VII. land on which building work is or is
proposed to be carried out; and
VIII. building work that has been or is
being carried out on or off the
building site; and
IX. any building;
e. to enter premises for -
V. the purpose of inspecting the
building; or
VI. the purpose of determining whether
the building is dangerous or
insanitary
inspection means the taking of all reasonable
steps—
f. to enable a territorial authority to –
III. identify dangerous or insanitary
buildings within its district; and
IV. carry out its functions or duties in
relation to those buildings
Resource Management Act s332 - Any
enforcement officer, specifically authorised in
writing by any local authority or consent
authority to do so, may at all reasonable
times go on, into, under, or over any place or
structure, except a dwellinghouse, for the
purpose of inspection to determine whether
or not—
e. this Act, any regulations, a rule of a plan,
a resource consent, section 10 (certain
existing uses protected), or section
10A (certain existing activities
allowed), or section 20A (certain lawful
existing activities allowed) is being
complied with
50
Unitary Plan E5.6.1.(3)(d) - records of each
maintenance action must be retained and
made available on the site for inspection by
the Council or their agents.
13.6 - Property owners may apply to the
Council for an exemption from the
requirement of Clause 13.3. The Council
may require from the owner such
information as is necessary to determine
whether or not to grant an exemption. In
granting an exemption the Council may
set such conditions as it shall think fit.
Unitary Plan E5.6.1.(3)(c) – primary/ septic
tank(s) and the land application disposal
system are inspected no less frequently than
every three years and where necessary the
tank(s) are pumped out by a suitable
qualified on-site waste water service provider
when sludge and scum levels occupy 50 per
cent of the tank volume.
13.7 - The owner of any property which
contains a foulwater disposal system
shall comply with all consent conditions.
Building Act 40 (1) – A person must not carry
out any building work except in accordance
with a building consent.
Investigation
14.1 - An authorised officer of the
Council may undertake such inspections
and investigations as are reasonably
necessary to establish the dimensions,
location and condition of any foulwater
disposal installation.
Unitary Plan E5.6.1.(3)(d) - records of each
maintenance action must be retained and
made available on the site for inspection by
the Council or their agents.
Resource Management Act s332 - Any
enforcement officer, specifically authorised in
writing by any local authority or consent
authority to do so, may at all reasonable
times go on, into, under, or over any place or
structure, except a dwellinghouse, for the
purpose of inspection to determine whether
or not—
f. this Act, any regulations, a rule of a plan,
a resource consent, section 10 (certain
existing uses protected), orsection
10A (certain existing activities
allowed), or section 20A (certain lawful
existing activities allowed) is being
complied with
Building Act s222 - An authorised officer is
entitled, at all times during normal working
hours or while building work is being carried
out, -
g. to inspect—
X. land on which building work is or is
proposed to be carried out; and
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XI. building work that has been or is
being carried out on or off the
building site; and
XII. any building;
h. to enter premises for -
VII. the purpose of inspecting the
building; or
VIII. the purpose of determining whether
the building is dangerous or
insanitary
Inspection means the taking of all
reasonable steps—
c. to determine whether—
IV. building work is being carried out
without a building consent; or
V. building work is being carried out in
accordance with a building consent;
or
VI. a notice to fix has been complied
with:
d. to enable a territorial authority to—
III. identify dangerous, earthquake-
prone, or insanitary buildings within
its district; and
IV. carry out its functions or duties in
relation to those buildings:
14.2 - Where a foulwater disposal
installation is found to be in such a
condition that the Council considers that it
is unlikely to be operating in compliance
with the requirements of the Building
Code, or the conditions of a building
consent, or in a sanitary and efficient
manner, or it is likely to be contaminating
a water source, then the Council may
require the owner to:
a. Clean the septic tank or pump out any
settled solids in the septic tank; or
b. Repair or maintain any treatment plant
and make the necessary repairs to the
foulwater disposal system to the
satisfaction of the Council.
Resource Management Act s322 - An
abatement notice may be served on any
person by an enforcement officer—
b. requiring that person to cease, or
prohibiting that person from
commencing, anything done or to be
done by or on behalf of that person that,
in the opinion of the enforcement
officer,—
III. contravenes or is likely to contravene
this Act, any regulations, a rule in a
plan, or a resource consent; or
IV. is or is likely to be noxious,
dangerous, offensive, or
objectionable to such an extent that it
has or is likely to have an adverse
effect on the environment
Building Act s124 - If a territorial authority is
52
satisfied that a building in its district is a
dangerous, affected, or insanitary building.
The territorial authority may do any or all of
the following:
a. put up a hoarding or fence to prevent
people from approaching the building
nearer than is safe:
b. attach in a prominent place on, or
adjacent to, the building a notice that
warns people not to approach the
building:
c. except in the case of an affected
building, issue a notice that complies
with section 125(1) requiring work to be
carried out on the building to—
I. reduce or remove the danger; or
II. prevent the building from
remaining insanitary:
d. issue a notice that complies with section
125(1A) restricting entry to the building
for particular purposes or restricting entry
to particular persons or groups of
persons.
Breaches and Remedies
16.1 - In the event of a breach of statutory
or legal obligations, the WWA (wastewater
authority) may serve a defect notice on the
customer advising its nature and the steps
to be taken within a specified period, to
remedy it. If, after the specified period, the
customer has not remedied the breach, the
WWA may charge a re-inspection fee.
If however the breach is such that public
health, or safety considerations, or risk of
consequential damage to WWA assets is
such that delay would create unacceptable
results, the WWA may take immediate
action to rectify the defect, and recover all
reasonable costs as set out in 16.2
Building Act s124 - If a territorial authority is
satisfied that a building in its district is a
dangerous, affected, or insanitary building.
The territorial authority may do any or all of
the following:
e. put up a hoarding or fence to prevent
people from approaching the building
nearer than is safe:
f. attach in a prominent place on, or
adjacent to, the building a notice that
warns people not to approach the
building:
g. except in the case of an affected
building, issue a notice that complies
with section 125(1) requiring work to be
carried out on the building to—
I. reduce or remove the danger; or
II. prevent the building from
remaining insanitary:
h. issue a notice that complies with section
125(1A) restricting entry to the building
16.2 - At any time after the specified
period of 16.1 has elapsed, the WWA
may carry out any remedial work
required in order to make good the
breach, and to recover from the person
committing the breach all reasonable
53
costs incurred in connection with the
remedial work.
for particular purposes or restricting entry
to particular persons or groups of
persons.
Building Act s220 - This section applies if—
d. a person is required, under this Act, by a
building consent authority, territorial
authority, or regional authority to carry
out any building work on, or in
connection with, any building; and
e. either—
I. that person, after being given notice
of the requirement, fails to commence
to comply with the notice within the
time stated in the notice or, if the time
is not so stated, within a reasonable
time; or
II. that person, after a certificate from
any officer of the territorial authority
that the work is of an urgent nature is
communicated to him or her, defaults
for 24 hours from the time of that
communication; and
f. that person does not immediately
proceed with the work with all reasonable
speed.
The territorial authority may apply to the
District Court for an order authorising the
territorial authority to carry out building work.
If a territorial authority carries out building
work under the authority of an order made
under subsection (2),—
d. the owner of the building is liable for the
costs of the work; and
e. the territorial authority may recover those
costs from the owner; and
f. the amount recoverable by the territorial
authority becomes a charge on the land
on which the work was carried out.
Resource Management Act s322 - An
abatement notice may be served on any
person by an enforcement officer—
c. requiring that person to cease, or
prohibiting that person from
commencing, anything done or to be
done by or on behalf of that person that,
54
in the opinion of the enforcement
officer,—
I. contravenes or is likely to contravene
this Act, any regulations, a rule in a
plan, or a resource consent; or
II. is or is likely to be noxious,
dangerous, offensive, or
objectionable to such an extent that it
has or is likely to have an adverse
effect on the environment
Resource Management Act s323 - Subject to
the rights of appeal in section 325, a person
on whom an abatement notice is served
shall—
c. comply with the notice within the period
specified in the notice; and
unless the notice directs otherwise, pay all
the costs and expenses of complying with
the notice
Table 11 - Rodney District Council General Bylaw 1998
Bylaw Stipulation
Matching stipulation in Resource
Management Act, Building Act and Health
Act
On-site disposal
9.1 - All wastewater generated on any
allotment not serviced by the Council’s
wastewater network must be treated and
disposed of within the confines of that
allotment, or other land for which legal rights
for such disposal have been obtained.
Health Act s39 requires all dwellings to have
suitable appliances for the disposal of refuse
water in a sanitary manner.
Building Code G13.2(b) states if no sewer
system available, an adequate system for
the storage, treatment, and disposal of foul
water must be provided in buildings in which
sanitary appliances using water-borne waste
disposal are installed.
9.2 - All on-site wastewater treatment and
disposal systems must be operated and
maintained in accordance with the
manufacturers specifications and have
suitable access for inspection, repair and
where relevant, pumping out.
Unitary Plan E5.6.1.(3) – The wastewater
treatment system must be maintained by a
suitably qualified on-site wastewater service
provider in accordance with Technical
Publication 58 On-site Wastewater Systems:
Design and Management Manual 2004
(TP58) recommendations, the
manufacturer’s recommendations or the
55
suitably qualified on-site wastewater service
provider’s recommendations.
Building Code G13.3.1 (2) – The plumbing
system shall be constructed to provide
reasonable access for maintenance and
clearing blockages.
Building Code G13.3.2(d) – The drainage
system shall be provided with reasonable
access for maintenance and clearance
blockages.
Building Code G13.3.4 – If no sewer is
available, facilities for the storage, treatment
and disposal of foul water must be
constructed with adequate vehicle access for
collection if required and permit easy
cleaning and maintenance.
9.3 - The owner or occupier of an
allotment utilising on-site a
wastewater treatment or disposal
system shall, within 10 working days
of receipt of written request from an
Authorised Officer provide the
following information:
d. the make and model of on-site
treatment installed, if known; and
e. a copy of any manufacturers
maintenance and operation
requirements and performance
standards; and
f. evidence, to the satisfaction of
the officer, that an effective
operation and maintenance
programme for the system is in
place.
Unitary Plan E5.6.1.(3)(d) - records of each
maintenance action must be retained and
made available on the site for inspection by
the Council or their agents.
Bylaw Gap – Unitary Plan currently only
requires maintenance records to be kept
on-site for inspection.
Entry and inspection
9.4 - An Authorised Officer may enter an
allotment, in accordance with the provisions
of the Act to assess compliance with the on
site wastewater treatment and disposal
systems maintenance and operation
requirements.
Building Act s222 - An authorised officer is
entitled, at all times during normal working
hours or while building work is being carried
out, -
g. to inspect—
I. land on which building work is or is
proposed to be carried out; and
II. building work that has been or is
being carried out on or off the
56
building site; and
III. any building;
h. to enter premises for -
I. the purpose of inspecting the
building; or
II. the purpose of determining whether
the building is dangerous or
insanitary
inspection means the taking of all reasonable
steps—
i. to enable a territorial authority to –
I. identify dangerous or insanitary
buildings within its district; and
II. carry out its functions or duties in
relation to those buildings
Resource Management Act s332 - Any
enforcement officer, specifically authorised in
writing by any local authority or consent
authority to do so, may at all reasonable
times go on, into, under, or over any place or
structure, except a dwellinghouse, for the
purpose of inspection to determine whether
or not—
i. this Act, any regulations, a rule of a plan,
a resource consent, section 10 (certain
existing uses protected), orsection
10A (certain existing activities
allowed), or section 20A (certain lawful
existing activities allowed) is being
complied with
Unitary Plan E5.6.1.(3)(d) - records of each
maintenance action must be retained and
made available on the site for inspection by
the Council or their agents.
9.5 - In the event that an onsite
wastewater treatment and disposal
system is not being operated or
maintained correctly an Authorised Officer
may serve written notice on the occupier
to:
a. take appropriate remedial steps within
a given time and at the occupiers cost
in order to rectify adverse effects on
public health or the environment;
and/or
b. provide system maintenance records or
performance data (pumpout records,
Unitary Plan E5.6.1.(1) – The wastewater
discharge must not result in contamination of
ground water at a point of extraction, any
surface water, a stromwater drain, a
neighbouring property, or cause a public
health risk.
Building Act s123 - A building is insanitary for
the purposes of this Act if the building
c. is offensive or likely to be injurious to
health because—
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flow records, discharge quality data)
where there are actual or potential
adverse effects on public health or the
environment; and/or
c. provide Engineer s statements
confirming to the satisfaction of the
officer, satisfactory system upgrade
and performance; and/or
d. provide installer certificates (PS4
statements) or that water safety
devices remain in place where water
reduction features are required as a
basis for sizing of the wastewater
system.
I. of how it is situated or constructed; or
II. it is in a state of disrepair; or
d. does not have a supply of potable water
that is adequate for its intended use
Building Act s124 - If a territorial authority is
satisfied that a building in its district is a
dangerous, affected, or insanitary building.
The territorial authority may do any or all of
the following:
a. put up a hoarding or fence to prevent
people from approaching the building
nearer than is safe:
b. attach in a prominent place on, or
adjacent to, the building a notice that
warns people not to approach the
building:
c. except in the case of an affected
building, issue a notice that complies
with section 125(1) requiring work to be
carried out on the building to—
I. reduce or remove the danger; or
II. prevent the building from
remaining insanitary:
d. issue a notice that complies with section
125(1A) restricting entry to the building
for particular purposes or restricting entry
to particular persons or groups of
persons.
Building Act s125(1) A notice issued
under section 124(2)(c) must—
a. be in writing; and
b. be fixed to the building in question;
and
c. be given in the form of a copy to the
persons listed in subsection (2); and
d. state the time within which the
building work must be carried out,
which must not be less than a period
of 10 days after the notice is given or
a period reasonably sufficient to
obtain a building consent if one is
required, whichever period is longer;
58
and
e. state whether the owner of the
building must obtain a building
consent in order to carry out the work
required by the notice.
Building Act s49 - A building consent
authority must grant a building consent if it is
satisfied on reasonable grounds that the
provisions of the building code would be met
if the building work were properly completed
in accordance with the plans and
specifications that accompanied the
application.
9.6 - For the avoidance of doubt the
provisions of this Bylaw and in particular
Section 9 applies to all on site wastewater
disposal systems and includes those
connected to the Matakana Sewerage
Scheme which were subject to the provisions
of Chapter 10 Matakana Sewerage Scheme
Maintenance Bylaw (now revoked) as at the
date of coming into effect of this Bylaw.
Not applicable.
12.1 - Any offence or breach under Chapter
1 of the Rodney District Council General
Bylaw 1998 applies to this Bylaw and, may
be remedied by the Council under Section 8
of Chapter 1.
12.2 - Every person who fails to comply with
the requirements of this Bylaw, commits an
offence and is liable, on summary conviction,
to a fine not exceeding $20,000 or as set out
in Section 242 of the Act.
12.3 - The Council may apply to the District
Court under section 162 of the Act for an
injunction restraining the person from
committing a breach of this Bylaw.
12.4 - Where it is suspected that any person
has committed a breach of this Bylaw, that
person shall, on the direction of an
Authorised Officer, provide his/her full name,
and address.
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Find out more: phone 09 301 0101
or visit aucklandcouncil.govt.nz/
