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The Far North District Council recognises that certain rateable land within the district, both general and Maori freehold land, is protected for outstanding landscape, cultural, heritage or ecological purposes. Council has included in the Far North Future Plan a policy on rating relief. The purpose of this policy is that:

‘The Council may postpone or remit rates where an area is afforded permanent legal protection through a covenant or reserves status’.

The Remission of Rates on Land Subject to Protection for Outstanding Landscape, Cultural, Historic or Ecological Purposes policy objective is:

• To provide for the fair and equitable collection of rates from all sectors of the community.

• To recognise and/or reward the efforts of landowners that have preserved for future generations, lands that have particular outstanding landscape, cultural, historic or ecological values.

Formal Protection

Where the land is subject to permanent protection, Council will consider applications for a remission of rates on the land as set out in the Remissions Policy, where the protection is for a finite period, but for a term of not less than ten years.

What does the Policy say?

This policy statement applies to land that is subject to permanent protection under an agreed mechanism and is not used. Where any part of the area that is protected is in use, that part will not receive any rate relief. Where the entire rating unit is the subject of the application, the remission of rates will apply to all rates levied on the property. Where part of the rating unit is being used, the used and unused parts will be separately valued and assessed as separate parts pursuant to Section 45 (3) of the Local Government (Rating) Act 2002. In these instances, the remission of rates will only apply to the unused part and will apply only to the land value based rates. It should be noted that these separate parts will not constitute separately used or inhabited parts for rating purposes and a full set of UAGC and other charges will be assessed against the part of the rating unit that is being used. Any remissions on the land will be cancelled immediately in the event that the land ceases to be protected under the agreement.

What does this process entail?

In order to qualify for rates relief or rates postponement, applicants must first inform Council of their intentions, therefore the applicant is required to complete a Request form. Staff then notify the contracted ecologist and identify who the applicant is, where the property is located, the zoning of the property and the significance of the area as identified by the Department of Conservation’s Protected Natural areas publications.

The ecologist then arranges a site visit to the property with the landowner. The ecologist discusses with the landowner the environmental management plan for the property and the projected vision for the future. The ecologist will write a report identifying the biodiversity values and provide recommendations on how those values might be managed. If the property has high biodiversity values the ecologist will recommend that the property is deserving of rates relief or postponement.

In this case the Council provides a covenant template to the applicants, who are then advised to seek legal advice on the conditions of the covenant. Once the applicant is satisfied with the covenant, they then provide Council with three copies for processing.

In the instance that the property does not qualify for rates relief or postponement the applicant has the opportunity to improve the biodiversity values from the given recommendations of the site visit report and reapply once the ecologist is satisfied that the applicant has done so by a follow up site visit.

Protection – What sorts of things can be protected

Conservation covenants protect areas such as, but not limited to:

• Forested habitats supporting threatened and regionally significant species
• Wetland areas.

Establishing a Covenant

Costs – There are costs involved in this process, they are as follows:

• Surveying costs
• Legal Aide

Ecological Assessment and follow up monitoring costs are covered by the Far North District Council.

Surveying – Interested applicants are required to provide a suitable map identifying the proposed covenanted area/s and excluded area/s of the property.

Legal Aide – It is advisable to acquire legal aid to assist in the writing of your Covenant so that you are satisfied with the overall protection objectives. 

Ecological Assessment – This report identifies the significant habitats and fauna located on the property, management recommendations and protection eligibility.

Monitoring of Covenants - Timeframes

Monitoring of sites voluntarily or legally protected by the Far North District Council will be conducted following 1 year from the date of agreement and subsequently 5 years thereafter if required.

Renewal

Interested applicants are able to renew their Covenant at the end of the 10 year period.

Other protection mechanisms

The land must be subject to a formal protection agreement in perpetuity, as set out below and in a form acceptable to Council:

An open space covenant under section 22 of the Queen Elizabeth the Second National Trust Act 1977; or

A conservation covenant under section 77 of the Reserves Act 1977; or

A declaration of protected private land under section 76 of the Reserves Act 1977; or

A management agreement for conservation purposes under section 38 of the Reserves Act 1977; or

A covenant for conservation purposes under section 27 of the Conservation Act 1987; or

A management agreement for conservation purposes under section 29 of the Conservation Act 1987; or

A Maori reservation for natural, historic, or cultural conservation purposes under sections 338 to 341 of the Te Ture Whenua Maori Act 1993 (Maori Land Act 1993).

Attachments: Request, Policy, Covenant Template.

Informal Protection

Council also has a formal protection method available to landowners. This is an agreement from the landowner to protect an area of biodiversity on their property. This mechanism recognises that many people exercise the stewardship of a Kaitiakitanga ethic without the need of a legal covenant, and that Council recognises and appreciates this approach.