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Private Plan Change 55 - Fonterra Waitoa

What is being proposed?

Matamata-Piako District Council has received a request under Schedule 1 to the Resource Management Act 1991 (RMA), from Fonterra Limited, to change the Operative Matamata-Piako District Plan (Private Plan Change 55).

Fonterra owns and operates the Waitoa Dairy Manufacturing Facility. The facility operates under the   Waitoa-Fonterra Development Concept Plan (DCP) within the District Plan. The intent of the DCP is to enable the operation and expansion of the facility subject to compliance with relevant standards, including stipulated noise limits at a defined Noise Emission Control Boundary (NECB).

Despite Fonterra’s ongoing efforts to implement a noise mitigation strategy, measurements have shown that the operation of the facility is still exceeding the defined noise limits at points along the NECB.  Fonterra has advised, given the nature and life-span of specialist dairy processing equipment being operated on site, that achieving further reduction in noise levels is not viable in the short term.

To rectify the non-compliance, Fonterra has applied to Council under the provisions of the Resource Management Act 1991 (RMA) for a private plan change to amend the DCP noise provisions, with ones that are more appropriate for the present day activities, thereby formalising the present noise emissions and providing regulatory certainty to Fonterra, MPDC and nearby residents.

 Private Plan Change 55 seeks to incorporate the following changes into the District Plan:

  • Amendments to the existing Fonterra Limited Development Concept Plan (DCP), by extending the Noise Emission Control Boundary (NECB) further out from the site.
  • Amending the permitted noise standards/ times that apply at the NECB.
  • Amending the DCP rules by requiring Fonterra to offer to install, at its expense, noise mitigation to existing buildings accommodating noise sensitive activities within the expanded NECB.
  • Inserting a new performance standard in the District Plan that will require noise insulation (at the property owners’ expense) for new buildings or alterations to existing buildings accommodating noise sensitive activities within the expanded NECB, erected after the date that the plan change becomes operative.
  • A minor adjustment to the Industrial Zone extent as currently shown on the Planning Maps to align the zone boundary with the Kaitiaki (Conservation) Zone.
  • Amendments to the DCP boundary by aligning with the Kaitiaki (Conservation) Zone where it adjoins the Waitoa River, and changes to the Landscape Buffer Area to correctly align with the floodplain along the Waitoa River.
  • Corrections to the legal descriptions of the DCP site, as currently shown in Schedule 5 of the District Plan.
  • New definitions for “habitable room”, “bedroom” and “noise sensitive activity” to assist with implementing the proposed new noise rules.

Notification for Summary of Submissions

The private plan change request is being processed on a limited notification basis. Submissions closed on 12 June 2024. In response to the limited notification, Council received two identical submissions on the plan change. A summary of the two submissions received, and a full copy of the submissions are below.

Further submissions close by 4:30pm on Thursday 12 December 2024.

Summary of Submissions

Notification for submissions

This plan change is being processed on a limited notification basis. Only those parties who were directly notified about the plan change under Clause 5A(3), or who have been provided with a copy of the plan change under Clause 5A(8) and the Council under Clause 6A(3) of the First Schedule to the RMA (i.e. who have received notice either by mail or email) may make a submission on the limited notified plan change.

If you are uncertain if you are eligible to make a submission, please read the Notification Report at the “Application Information” tab below or contact Carolyn McAlley on 07 884-0060 extn 7824 or email This email address is being protected from spambots. You need JavaScript enabled to view it. 

Other parties can read the plan change information but cannot make a submission. 

For eligible parties, the submission period is now open until 4:30pm on Wednesday, 12 June 2024. To make a submission, please send the completed form provided to you, to: Matamata-Piako District Council, PO Box 266, Te Aroha or email to This email address is being protected from spambots. You need JavaScript enabled to view it. or you can drop it off at any Council office, before the closing date.

Notification Decision

Submissions received 

A Malcolm

L Malcolm

Application Information 

Waitoa Noise Plan Change application

Appendix A - Operative DCP

Appendix B - Acoustic Assessment

Appendix C - Replacement Development Concept Plan & Activity Schedule

Appendix D - Proposed District-wide Noise Rules & Definitions

Appendix E - Updated Planning Map

Appendix F - Ngati Haua letter

Appendix G - Community Consultation Letter & Map

 

Need more information?

If you have any questions about the plan change please contact This email address is being protected from spambots. You need JavaScript enabled to view it..

Private Plan Change Process

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Plan Change lodged

13 November 2020

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Plan Change presented to Council

27 March 2024

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Notified for public submissions

14 May 2024

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Submissions closed

12 June 2024

Council calls for Further Submissions

26 November 2024

Thursday 12 December 2024

Further Submissions Close

Thursday 12 December 2024

Hearing Commissioners to consider submissions

Mid 2024

Plan Change decision notified, Environment Court appeal period

Late 2024

Plan Change operative

Late 2024

*Note that this timeline shows the entire plan change process. Timeframes are indicative only as the plan change process is fluid. The dates will change from time to time as we work through this process