NEOBIOME

REG_003: Tasman RMP - Rural 1 dwelling, papakāinga and Chapter 31 water-take rules (Lower Moutere)

Properties3
typesource
source_typeregulatory
topicsregulation_policy, building_habitat, housing, maori, water_supply_treatment, nz_specific

15 min read

REG_003: Tasman RMP - Rural 1 dwelling, papakāinga and Chapter 31 water-take rules (Lower Moutere)

Source

https://www.tasman.govt.nz/my-council/key-documents/tasman-resource-management-plan/ — original source (opens in a new tab; the file is not redistributed)

Tasman District Plan — minor dwelling / tiny house / papakāinga rules (Lower Moutere)

Verified against the full operative TRMP (D_003 pilot member)

Upgraded to verified (2026-07-16): the whole operative Tasman Resource Management Plan (1,262 pp, chapters “Operative: 19/06/2026”) is now filed as the raw and the cited rules read verbatim. The original TDC Summary-Guide extract is retained in the same subfolder as a secondary. Verbatim reading corrected two summary-guide errors (see the reconciliation note below) and surfaced the cooperative-living activity class the summary missed. Papakāinga Zone rules dated 19 Dec 2020. Completes the D_003 five-council sample at verified tier.

Summary

The operative TRMP dwelling rules applying to the Lower Moutere pilot near Motueka, read verbatim. Mapping checks confirm the entire Lower Moutere locality is zoned Rural 1 (Operative) REG_003. The controlling finding: Tasman’s TRMP contains a purpose-built “cooperative living” activity class — “the use of land and buildings, including three or more dwellings, where a legal arrangement exists for the collective ownership or use” — which in Rural 1 is a Discretionary activity (rule 17.5.2.8A), assessed on low-impact-design and land-production-retention criteria. This is the sample’s closest thing to a purpose-built general-land community pathway. A single dwelling is a permitted activity in Rural 1 (17.5.2.1 + 17.5.3.1) — correcting the summary-guide claim that the first dwelling required consent — while a papakāinga development is Restricted Discretionary (17.5.2.7) and a second minor dwelling Restricted Discretionary (17.5.3.3). Resolves RT_083 + RT_084.

Reconciliation — what the verbatim read changed vs the earlier summary-guide basis

Corrected: the summary said the Rural 1 first dwelling is discretionary — the operative plan (post-Plan-Change-60) makes a single dwelling a permitted activity (unless the site is a cooperative-living activity). Confirmed: the “24 ha for more than one dwelling” figure is correct (17.5.3.3(b)) — it is the multi-dwelling site minimum, distinct from the 12 ha Rural 1 subdivision allotment minimum (16.3.5.1). Added: the cooperative-living class (17.5.2.8A), which the summary omitted entirely.

Key claims

- claim: "COOPERATIVE LIVING = a purpose-built (council-specific) general-land community pathway (17.5.2.8A + definition, verbatim). 'Cooperative living - means the use of land and buildings, including three or more dwellings, where a legal arrangement exists for the collective ownership or use of the land and buildings' (Plan Change 60, operative 2019). In Rural 1 (and Rural 2), 'Cooperative living is a discretionary activity' - a resource consent is required, with the Council having particular regard to: (1) the extent the proposal retains/enhances the land's potential to support plant and animal production; (2) consistency with 'low impact design and low impact building design principles and methods'; (3) protection of the site from inappropriate subdivision / land fragmentation; (4) an enduring legal arrangement (purpose, ongoing management, how members are bound); (5) protection of ecological/landscape/indigenous-vegetation/cultural-heritage values. This is the D_003 sample's closest instrument to a purpose-built eco-community/cohousing pathway on GENERAL land - Discretionary, not permitted, and unique to Tasman among the profiled councils."
  source_location: "Rule 17.5.2.8A (Rural 1); definition 'Cooperative living'"
- claim: "A SINGLE DWELLING IS A PERMITTED ACTIVITY IN RURAL 1 (17.5.2.1 + 17.5.3.1, verbatim) - correcting the earlier summary-guide claim. Land use: rule 17.5.2.1 permits 'any land use... if... a. The activity is not:' one of a listed set (which excludes cooperative living (ix) and papakainga development (xi)) - a single residential dwelling is NOT on the exclusion list, so it is a permitted land use. Building construction: rule 17.5.3.1 permits building where 'a. There is no more than one dwelling or building used for the purpose of a dwelling on a [site]', provided (17.5.3.1 ka) 'The site is not part of a cooperative living activity.' So a first single dwelling on its own Rural 1 site is PERMITTED (post-Plan-Change-60), NOT discretionary as the TDC summary guides stated."
  source_location: "Rules 17.5.2.1, 17.5.3.1 (Rural 1)"
- claim: "PAPAKAINGA DEVELOPMENT IN RURAL 1 = RESTRICTED DISCRETIONARY (17.5.2.7, verbatim). 'A papakainga development is a restricted discretionary activity. A resource consent is required. Consent may be refused or conditions imposed, only in respect of' access, wastewater/stormwater disposal + reliable potable water, natural-hazard risk, avoiding conflicts within the development, landscaping, and the Chapter 7 objectives/policies. (Distinct from the dedicated Papakainga Zone, see below.)"
  source_location: "Rule 17.5.2.7 (Rural 1)"
- claim: "The entire Lower Moutere locality (village core + surrounding rural land) is zoned Rural 1 (Operative) under the TRMP — no separate Village or Rural Residential zone (unlike Pangatotara and Upper Moutere, which are Rural Residential); the village core falls on TDC Planning Map 52."
  source_location: "p.1 'Applicable zone(s) for Lower Moutere' + zone table"
- claim: "A minor dwelling is defined as up to 80 m² excluding any garage, or up to 120 m² total where a garage is attached; a sleepout is permitted up to 36 m² with no kitchen. A tiny house occupied for two or more months of the calendar year is treated as a building (and, if ≤80 m² and self-contained, a minor dwelling); occupied under two months it may be a caravan/vehicle, not a building."
  source_location: "p.1 stat band; p.2 §1 definition (TRMP Summary Guide No. 16); p.5 §2 tiny-house tests"
- claim: "Activity status of a second (minor) dwelling by rural zone: Rural 1 (Lower Moutere) = Restricted Discretionary (rule 17.5.3.3(ba)–(bb)); Rural 2 = Controlled (17.6.3.2(b)–(ba)); Rural 3 = Controlled/Restricted Discretionary; Rural Residential = Controlled on a site ≥2 ha (17.8.3.1A). In Rural 1 and Rural 2 the principal dwelling must contain a single housekeeping unit only."
  source_location: "p.2 §1 'Activity status by zone' table + verbatim rule text"
- claim: "MULTI-DWELLING & SUBDIVISION MINIMUMS (verbatim; two DISTINCT rules). A site with more than one (non-minor) dwelling has a minimum area of 24 ha: rule 17.5.3.3(b) 'Except as provided for in condition ba., a site containing more than one dwelling or building used for the purpose of a dwelling has a minimum area of 24 hectares' - waived where the second is a minor dwelling (ba). SEPARATELY, subdivision in Rural 1 is a controlled activity with a minimum allotment area of 12 hectares (16.3.5.1 a.), or 3.0 hectares in the Rural 1 Coastal Zone (16.3.5.1 ca.). So the 24 ha (multi-dwelling site minimum) and the 12 ha (subdivision allotment minimum) are DIFFERENT thresholds. Rural 2 first dwelling is permitted; two dwellings need a 50 ha minimum unless the second is a minor dwelling; Rural Residential permits one dwelling per site, a minor dwelling Controlled on >=2 ha."
  source_location: "Rules 17.5.3.3(b)/(ba) (multi-dwelling site min); 16.3.5.1 (Rural 1 subdivision allotment min); p.3 density table (Rural 2 / Rural Residential)"
- claim: "Minimum setbacks across the rural zones: road boundary 10 m; internal side/rear (general buildings) 5 m; internal boundary for dwellings/habitable buildings 30 m (reduced to 5 m where the boundary adjoins a Residential / Rural Residential / Rural 3 zone, or a pre-30 Jan 2016 site <2,500 m²); lake margins and Open Space/Recreation/Conservation boundaries 20 m; top of bank 8 m (river bed <5 m wide) or 20 m (>5 m wide); plantation forest 30 m; identified viewpoint 100 m."
  source_location: "p.3 'Setbacks' table"
- claim: "Off-grid servicing (quoted from Rural 2 rule 17.6.3.1(r)–(t); equivalent conditions in other rural zones): potable water — where no reticulated potable supply, on-site stored water must be at least 23,000 litres (r(iii)); firefighting water — where the dwelling is NOT within 135 m of a mains hydrant, EITHER a home fire-sprinkler system on a reliable year-round supply OR an accessible water supply 6–90 m from the dwelling that stores at least 45,000 litres or provides at least 25 litres/second for 30 minutes (r(i)–(ii); tanks may be shared between two dwellings); wastewater — adequate on-site effluent disposal area (s), specialist report likely within a Wastewater Management Area; stormwater — managed on site per section 36.4 (t)."
  source_location: "p.4 'Servicing requirements' table"
- claim: "Papakāinga: Lower Moutere is Rural 1 (not the dedicated Papakainga Zone), so a papakāinga there is assessed under the Rural 1 papakāinga-development provisions. In the Papakainga Zone (Section 17.13) permitted uses (17.13.2.1) include community activity, kaumatua flats, a caretaker's dwelling, short-term cultural-event accommodation, and market gardening/grazing; permitted bulk/location standards are road setback ≥10 m, maximum height 7.5 m, maximum coverage 33%, and notional-boundary noise Day 55 / Night 40 dBA Leq (Lmax 70 dBA)."
  source_location: "p.6 §3 Papakāinga (TRMP Section 17.13, 19 Dec 2020)"
- claim: "WATER TAKES, THE PERMITTED BASELINE (Rule 31.1.2.1, verbatim): 'The taking, diversion or use of water, including freshwater, coastal water or water stored in a dam, for any purpose, including for domestic water supply, is a permitted activity that may be undertaken without a resource consent, if it complies with the following conditions'. Domestic water supply is expressly inside the permitted class, subject to a volume cap. Condition d: 'the amount of water taken or diverted and used per property is in accordance with Figure 31.1A'."
  source_location: "Chapter 31, Rule 31.1.2.1 and condition d (chapter operative 19/06/2026)"
- claim: "THE CAP IS PER SITE, NOT PER HOUSEHOLD (Figure 31.1A). The column heading is 'Maximum Permitted Quantity of Water per Day per Point of Take per Site (One Take per Site) (Cubic Metres per Day)'. By zone: Waimea 5; Motueka/Riwaka Plains and Middle/Upper Motueka 10; MOUTERE ZONES, ALL ZONES, 5; Abel Tasman 5; Takaka 5; Aorere/West Coast and Upper Buller 20; any take lawfully existing before 3 November 2001, 10. Lower Moutere sits in the Moutere Zones, so the permitted allowance is 5 m3/day for the site, however many dwellings share it."
  source_location: "Chapter 31, Figure 31.1A"
- claim: "STOCK WATER IS UNCAPPED (Rule 31.1.2.1 condition a, verbatim): 'Except as provided for in condition n., the amount taken and used for stock drinking water is not limited.' Condition c adds that during rationing in a zone there is 'no watering of lawns or other decorative plants' where water is taken for domestic supply."
  source_location: "Chapter 31, Rule 31.1.2.1 conditions a and c"
- claim: "EXCEEDING THE CAP MEANS CONSENT, NOT REFUSAL. Rule 31.1.2.2 (controlled) is closed to new takes: condition a requires that 'The applicant for the water taking and use is the holder of a water permit that is due for renewal and section 124 applies'. Rule 31.1.2.3 'Controlled Activities (Take, Diversion or Use within Allocation Limits)' covers a take that fails 31.1.2.1 or 31.1.2.2, provided conditions including 'The annual allocation for water takes from the relevant Moutere Groundwater Zone' are met. Rule 31.1.2.5 makes anything failing 31.1.2.1-31.1.2.4 a restricted discretionary activity. No tier is prohibited: a community take above 5 m3/day requires consent and remains grantable."
  source_location: "Chapter 31, Rules 31.1.2.2 (condition a), 31.1.2.3, 31.1.2.5"
- claim: "MOUTERE GROUNDWATER ZONE ALLOCATION LIMITS, two limits that both bind. Zone, November-April limit (L/s), annual limit (m3/year): Moutere Coastal 41 / 448,822; Moutere Eastern 116 / 1,269,838; Moutere Southern 48 / 525,450; Moutere Western 52 / 569,238. The plan's definition of 'Allocation limit' states that for the Moutere Groundwater zones the annual-recharge-based limit applies alongside the seasonal rate limit and 'Both limits must be complied with'."
  source_location: "Chapter 31 allocation-limit table; definition 'Allocation limit' (Chapter 2)"
- claim: "WATER IS RESERVED FOR COMMUNITY SUPPLY AND LOWER MOUTERE IS NAMED (Schedule 31D). The schedule 'specify the amount of water reserved for the irrigation of Maori perpetual lease lands, for community water supply and for irrigation in the Central Plains Zone when considering any application to take water', and states that 'Any allocation of water for a reserved purpose is subject to the allocation limit for the relevant zone.' Table 2, Reservation of Water: Community Supply, lists 'Braeburn/Hau Plains/Lower Moutere reticulation' with a total required and amount reserved of 6.25 l/sec and 540 m3/day. Other rows include Motueka Coastal Tasman reticulation 231 l/sec / 20,000 m3/day, Marahau Plains Zone 15 / 1,296, Wakefield reticulation 4.3 / 370, Murchison 5.0 / 432."
  source_location: "Schedule 31D preamble and Table 2 (Reservation of Water: Community Supply)"

Neobiome Intelligence relevance

Directly resolves the open regulatory question for the validated Tasman pilot (RT_083 + RT_084). The headline actionable finding for D04: a Neobiome-style community in Rural 1 maps directly onto the TRMP’s “cooperative living” class (three or more dwellings under a collective-ownership arrangement), which is a Discretionary activity (17.5.2.8A) — a purpose-built (council-specific) consent pathway assessed on land-production retention, low-impact-design principles, anti-fragmentation, an enduring legal arrangement, and ecological protection REG_003. A single dwelling is permitted (17.5.2.1 + 17.5.3.1), and a minor dwelling (≤80 m², or ≤120 m² with attached garage) is Restricted Discretionary — this corrects the earlier reading that even the first dwelling needed consent. A papakāinga development is Restricted Discretionary (17.5.2.7). The binding design constraints are the 80/120 m² minor-dwelling envelope, the 24 ha multi-dwelling site minimum (waived for a minor dwelling; distinct from the 12 ha Rural 1 subdivision allotment minimum), the 10 m road / 5–30 m internal setbacks, and the off-grid servicing thresholds — ≥23,000 L potable storage and a ≥45,000 L (or 25 L/s for 30 min) firefighting supply where no hydrant is within 135 m — which feed water-system sizing (D03 adjacency) and capital cost REG_003.

Currency: verified against the operative TRMP (chapters “Operative: 19/06/2026”); re-confirm any Plan Change affecting Rural 1 dwelling/cooperative-living rules before a consent-pathway recommendation is finalised.

Water take at Lower Moutere (Chapter 31)

A shared community bore is not within the permitted allowance, and that means consent rather than refusal. The Moutere Zones cap of 5 cubic metres per day attaches to the site with one take per site, so it does not scale with the number of dwellings drawing on it. A community of roughly thirty households at typical New Zealand residential volumes sits several times above it. The consequence is a consent requirement under Rule 31.1.2.3 or 31.1.2.5, both of which are grantable classes; Tasman sets no prohibited tier for water takes.

Land-title structure changes the entitlement, not the demand. Because the allowance is per site, the same households on separate titles with separate bores would each carry their own 5 cubic metres per day, while on a single community title they share one. This is a structural interaction between land ownership and water entitlement.

The allocation limits are a ceiling, not a current state. The zone figures above are the maximum that may be allocated across all permits. Whether a new take can fit under Rule 31.1.2.3 depends on how much of that ceiling is already committed to existing permits, which is council allocation data rather than plan text.

The statutory exemption sits alongside all of this. Section 14(3)(b) of the Resource Management Act (REG_012) permits taking fresh water for an individual’s reasonable domestic needs and for stock drinking water where the take does not and is not likely to have an adverse effect on the environment. Whether that exemption can be aggregated across many households in one community is an open interpretation rather than settled law, and REG_012 records that the reading applied elsewhere in this corpus is a defensible construction of “an individual’s”, not statutory text.

The reserved community-supply allocation is the reason full allocation is not the end of the analysis. REG_040 shows the Moutere Coastal and Western groundwater zones have reached their allocation limits, and records that the Schedule 31D reservation for community water supply takes priority over the waiting list. Schedule 31D Table 2 names a Braeburn / Hau Plains / Lower Moutere reticulation reservation of 6.25 litres per second and 540 cubic metres per day, well above a thirty-household demand. Two limits apply: the reservation is expressed against named reticulation schemes rather than any new community, and it operates inside the zone allocation limit rather than beside it.

Both readings, on the record. The narrow reading is that Table 2 lists named reticulation schemes, so the reservation attaches to those schemes and a newly formed community is not among them. The wider reading is that Schedule 31D describes the reserved quantity as being “for community water supply” as a purpose rather than to a named party, and the waiting-list note likewise states the reservation is “for the irrigation of Maori Perpetual Lease Lands or for community water supply” without naming a holder. The plan does not resolve between them, and this page does not either.

Research targets

Documents to retrieve

  • ✅ Done — the full operative TRMP (1,262 pp) is now filed and the Rural 1 / subdivision / papakāinga / cooperative-living rules read verbatim (this upgrade, 2026-07-16). The earlier verification follow-up is resolved. (Broader multi-TA regulatory coverage still tracked under RT_141.)

Research gaps

  • Whether the pilot site sits within a mapped Wastewater Management Area (a specialist wastewater report + discharge consent are likely if so); Tasman regulates on-site domestic wastewater via the discharge chapters (Ch 33/36) with Special Domestic Wastewater Disposal Areas.
  • The assessment matters under the Rural 1 Restricted Discretionary minor-dwelling rule 17.5.3.3(bb) (points to controlled conditions in 17.5.3.2, not exhaustively transcribed here).
  • The exact Rural 2 cooperative-living / two-dwelling thresholds (17.6) — spot-checked, not fully transcribed.

Research gaps

  • Current allocation state of the Moutere Groundwater Zones, that is how much of each zone’s annual and seasonal limit is already committed to existing water permits. The plan gives the ceiling; converting it into a site answer needs the council’s allocation register.

Connections

Links to

Sources (2): REG_012 · REG_040

Referenced by

Sources (5): OT_051 · OT_058 · OT_129 · OT_136 · REG_040

Decisions (1): D_003: Council profiling — a purposive 5-counc…

EDT domains (1): D04: Sustainable Habitat & Building Technology

Concepts (1): Council Planning Profiles (D_003 five-council …

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