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

As part of this court direction, Regional Council was also instructed to include a new policy (Policy 12) in PC13 which manages activities which discharge PM10 within the MMA by using an iterative management approach. You can read Policy 12 here.

You can share your feedback online or come to one of our community drop-in sessions on 20 or 22 November. Further details can be found on the feedback and drop-in sessions tab above.

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

In November 2018 Regional Council committed to spending $500,000 a year to accurately monitor air quality in the Mount Maunganui industrial area. The 11 air quality monitors are spread throughout the industrial area where pollution is most concentrated. These monitors are running 24/7 and check for a range of pollutants like PM10 (particulate matter or dust with a diameter of less than 10 micrometres), hydrogen sulphide and sulphur dioxide. We know from this monitoring, and complaints from the public, that although air quality is improving, more can be done.

In 2018 Regional Council notified new rules for those who discharge into the air to better protect and improve our air quality. Called Plan Change 13 (PC13), a number of the rules were appealed. These appeals were heard by the Environment Court and an interim decision was released on the final appeal in October 2023.

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

As part of this court direction, Regional Council was also instructed to include a new policy (Policy 12) in PC13 which manages activities which discharge PM10 within the MMA by using an iterative management approach. You can read Policy 12 here.

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

Image of PM10 particles

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

How we update the rules

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

Plan Change 13 was notified in 2018 and more than 100 submissions were received. Council released its decision on the submissions on 12 March 2019 and subsequently, 10 appeals were received. All but one appeal was settled by June 2020. The remaining appeal relates to how bulk solid material is handled.

New rules coming

Through this process, in June 2023 the Environment Court instructed Bay of Plenty Regional Council to focus efforts to better manage air quality in the Mount Maunganui industrial area on the dust that originates from unsealed yards. The Court has identified that the cumulative effect of a number of small sources of pollution all need to be addressed, and that more effort by these small parties could lead to a big improvement.

Policy 12 is being developed as part of this process, and is focused on managing activities which discharge PM10 within the MMA by using an iterative management approach.

We are seeking early feedback on the proposed rules before they are submitted to the Environment Court.

You can provide feedback by clicking on the green "Feedback Form" button on the right. This will help us shape the draft policies and rules before they are formally notified.