Government proposes national environmental standard for outdoor tyre storage

Author:Miss Michelle Mehlhopt
Profession:Wynn Williams Lawyers

The Government is seeking feedback on the proposed National Environmental Standard for the Outdoor Storage of Tyres (NES). When tyres are stored outdoors, they pose a fire risk and can leach toxic substances into the soil and harbour pests.

The aim of the standard is to:

Ensure the risks of harm to the environment, human health and local communities from outdoor storage are appropriately managed. Support more consistent management practices across New Zealand, filling gaps in regulatory settings that create incentives to move tyres between regions. The proposed NES builds on an earlier consultation in 2017. The Government is seeking feedback on three key variations to the original proposal:

Responsibility for the NES: it is now proposed that regional councils, rather than territorial authorities, will be responsible for implementing, administering and enforcing the NES. The reason for this is that the responsibility is better aligned with the functions of regional councils and it will ensure that the NES can address risks associated with existing stockpiles (i.e. existing use rights under section 10 of the Resource Management Act 1991 would not apply). Territorial authorities would continue to have the ability to address amenity effects associated with the outdoor storage of tyres through their plan rules. Threshold for consent: a key decision on the NES is the threshold (defined in terms of the volume of tyres) above which a resource consent would be required.Feedback is sought on two potential thresholds. These are: 200m3 which equates to 2500 stacked passenger tyres (this was the option consulted on in 2017); or 100m3 which equates to 1250 stacked passenger tyres, a new option which is intended to provide a stronger framework for mitigating key environmental and public health risks. The requirement for resource consent will not apply to farm silage tyres that are stored in the off-season.

Permitted activity rule with requirements: the introduction of a permitted activity rule with requirements for outdoor tyre storage between 40m3 and the volume threshold for discretionary resource consent...

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