Tasman District Council has received the following application for resource consent.
Publicly notified Wednesday 27 November 2024. Submissions closed on Wednesday 29 January 2025.
The Hearing Commissioner has issued their decision on the resource consent application lodged by the Tipple Family Trust.
The Commissioner’s decision is to grant the amended application.
The full decision can be viewed via this link:
Notice of this decision has been sent to the applicant and all of the 14 submitters.
The Hearing Commissioner formally closed the hearing yesterday, 1 December 2025, following receipt of the Right of Reply from the applicant on Friday 28 November 2025. Commissioner Lenihan is satisfied that she has sufficient information to make a decision on the Tipple’s resource consent application.
The Commissioner’s decision is usually expected to be released within 15 working days (12 January 2026), but it is expected that the decision will be issued by 19 December 2025.
Notice will be sent to the applicant and all submitters when the decision is issued.
The applicant’s written Right of Reply and associated documents can be accessed on these links to Council’s webpage:
The applicant’s legal submission and a presentation from Submitter Tasman Bay Blue Penguin Trust are now available to view as part of the pre-circulated material before the hearing.
These documents can be accessed here:
The applicant’s evidence is now available as part of the pre-circulated material before the hearing.
These documents can be accessed here:
The Council report and recommendation with accompanying attachments is now available as part of the evidence to be re-circulated before the hearing.
This report can be accessed here:
R01 RM240000 Hearing Report Final.pdf (pdf 3.7 MB)
Submitters who indicated that they wanted to be heard have been an update regarding the availability of this report.
This notice is issued in accordance with Section 101 of the Resource Management Act 1991:
| Application by: | D, T & M Tipple (trustees of Tipple Family Trust) |
| Their proposed activity: (Amended application) |
Land use consent (retrospective) to construct a deck not meeting boundary setbacks |
| At: | 38 Kaiteriteri-Sandy Bay Road, Kaiteriteri |
| Our reference number: | RM240000 |
We have organised a 1 ½ day hearing for it.
When: Wednesday 19 November 2025 to Thursday 20 November 2025.
Starts at: 10.30am (day one) – 9.00am or Chair’s discretion for day two.
Where: Council Chamber, Council Office, Queen Street, Richmond.
The independent Hearing Commissioner is Clare Lenihan, who will consider the resource consent application and make the decision on it.
The Commissioner has indicated that she intends to make a site visit in the afternoon of Tuesday 18 November, prior to the hearing.
The Council, applicant and submitters must provide all their expert evidence before the hearing in accordance with section 103B of the Resource Management Act 1991.
Please Note:
The hearing report, expert evidence, rebuttal expert evidence and written legal submissions are required to be made available within the following deadlines.
|
The Council’s report and recommendation (section 42A report) is to be available(15 working days before the hearing) |
Due to be available on this webpage by 4pm on Tuesday 28 October 2025. |
| Applicant’s evidence (10 working days before hearing) | Due by 1 pm on Tuesday 4 November 2025 and to be available via this webpage or sharefile by 9.00am on Wednesday 05 November 2025 |
|
Submitters’ expert evidence (5 working days before hearing) |
Due by 1 pm on Tuesday 11 November 2025 and to be available via this webpage or sharefile by 9.00am on Wednesday 12 November |
| Applicant’s rebuttal evidence and written legal submissions, and submitters’ non-expert presentations and written legal submissions (1 working day before hearing) | Due by 4 pm on Monday 17 November and to be available via sharefile the following day. |
The applicant and submitters who indicated that they want to be heard have been contacted individually regarding these requirements.
Updates will be made to this webpage for each steps outlined above, with links to the reports and evidence that has been provided.
The applicant has confirmed that the following amendments are made to their application:
Supporting Information
The applicant also engaged a geotechnical engineer for advice regarding a small washout on the southeastern side of their site which occurred during the extreme weather events in June/July 2025. Remediation work for that washout is a permitted activity, therefore it is not part of this consent application. Removal of the stairs down to the beach is also a permitted activity provided it does not further disturb the heritage precinct.
The amended plans and supporting information outlined above, can be accessed via these links:
Since our last update in April, the applicant has been working on potential changes to their deck and staircase, as well as engaging an archaeologist to appraise the site.
Then following the extreme weather events in June/July, the applicant engaged a geotechnical engineer for advice regarding a small washout on the southeastern side of their site.
That has delayed the scheduling of a hearing for this application. At this stage, Council is proposing that the hearing will be held on 20-21 November 2025.
Another update will be provided when this date is confirmed.
The applicant has advised Council that they are working on potential amendments to the proposed deck and staircase.
Some submitters may be contacted directly by the applicant’s consultant as part of this work.
Council is now expecting that the results of this work will be made available by the end of May 2025.
Another update will be provided when Council has received further information from the applicant.
The 14 submissions received on this application can be accessed via this link:
Another update will be provided when Council has confirmation from the applicant whether they want to proceed to a hearing.
14 submissions have been received, all are opposed to the application. Five submitters have stated that they wish to be heard. An update will be provided when Council has confirmation of this application proceeding to a hearing.
On 2 December 2024, Council received the full iwi consultation documentation that was summarised and referenced in the AEE as Annexure F.
This information can be accessed here:
D Tipple & T Tipple & M Tipple
Site address: 38 Kaiteriteri Sandy Bay Road, Kaiteriteri
Legal Descriptions: Lot 2 DP 7124 and unformed legal road
Record of Title: NL2B/1375
Aerial photo of the site
D Tipple & T Tipple & M Tipple, have applied to the Tasman District Council for retrospective resource consent for a deck and associated stairway at 38 Kaiteriteri Sandy Bay Road, Kaiteriteri, that also extends down the hillside across an unformed legal road to access the beach below the property.
The site plans show the deck extending to the boundary of 36 Kaiteriteri Sandy Bay Road, 8m at the closest point to the boundary of 44 Kaiteriteri Sandy Bay Road, 4.5m at the closest point to the boundary of the Kaka Point Reserve and almost up to the boundary (no exact measurement is given) of the unformed legal road. Elevations are included with the application that show the deck is over 2m in height (approximately 3.6m at the highest point) and breaches the boundary setback as well as daylight admission with 36 Kaiteriteri Sandy Bay Road.
The structure is located within a Residential Zone, the Land Disturbance Area 2, the Coastal Environment Area (CEA), and a Cultural Heritage Precinct, as defined by the Tasman Resource Management Plan.
Land use consent is required under the Tasman Resource Management Plan (TRMP) for the following reasons:
Residential Zone Rules
The activity cannot comply with the following Permitted activity conditions of Rule 17.1.3.1:
Therefore, it is a Restricted Discretionary activity under Rule 17.1.3.4.
Open Space Zone Rules
The activity cannot comply with the following Permitted activity condition of Rule 17.9.2.1:
5. condition (d) – setback – is not met as the deck and stairs are closer than 3m from boundary.
Therefore, it is a Discretionary activity under Rule 17.9.2.5.
Heritage Precinct Rules
The activity cannot comply with the following Permitted activity condition of Rule 16.13.6.1:
6. condition (d) – The deck and stairs have both been erected in a cultural heritage precinct without authority or written permission from Heritage New Zealand Pouhere Taonga.
Therefore, it is a Restricted Discretionary activity in accordance with rule 16.13.6.3.
Land Disturbance Rules
The activity cannot comply with the following Permitted activity condition of Rule 18.5.3.1
7. condition (b)(iv) – The pile hole excavations for both structures were 0.6 metres in width in the Land Disturbance Area 2 where they are required to be less than 0.6m width.
Therefore, it is a Controlled activity in accordance with 18.5.3.2.
Road Area Rules
The activity is partly on unformed road and as such does not comply with the following Permitted activity condition of Rule 18.8.2.1:
8. condition (a) – the activity does not meet this rule as the deck and stairs could prevent or hinder the construction, reconstruction, maintenance or use of the road.
However, no further rule cascade exists beyond Rule 18.8.2.1. Therefore, it is a Discretionary activity pursuant to Section 87B of the RMA.
Coastal Environment Area Rules
The activity cannot comply with the following Permitted activity condition of Rule 18.11.2.1:
9. condition (a) – land use – the activity does not meet this rule as the deck and stairs is considered a new building.
The activity cannot comply with the following Controlled activity condition of Rule 18.11.3.1:
10. condition (b) (iv) – setback to MHWS 30m – the activity does not meet this rule as the deck and stairs is closer than 30m to MHWS.
Therefore, it is a Restricted Discretionary activity under Rule 18.11.3.2.
Overall Activity Status
Overall, based on the information submitted with the application, the proposal is a Discretionary activity.
You can see the application documents below. If you have any questions about the application contact us by email at [email protected] or phone 03 543 8400.
When:
Submissions closed on Wednesday 29 January 2025.
Who:
Any person may make a submission on the application, but a person who is a trade competitor of the applicant may do so only if that person is directly affected by an effect of the activity to which the application relates that—
a) adversely affects the environment; and
b) does not relate to trade competition or the effects of trade competition.
How:
The submission must be in accordance with Form 13 of the Resource Management (Forms, Fees, and Procedure) Regulations 2003.
You can lodge your submission with the Tasman District Council (Resource Consents Administration Officer) in any of the following ways:
You must also serve a copy of your submission on D Tipple & T Tipple & M Tipple (the applicant) as soon as reasonably practicable after serving your submission on Tasman District Council.
The applicant’s contact details are:
D Tipple & T Tipple & M Tipple
c/- Tayla Carson
[email protected]
Planscapes (NZ) Limited
PO Box 99
Nelson 7040
More information on submissions can also be found here.
The following applies if you are a trade competitor of the applicant.
Your right to make a submission may be limited by the trade competition provisions in Part 11A of the Resource Management Act 1991.
You can make a submission only if you are directly affected by an effect of the activity to which this application relates that:
You must declare in your submission:
You must have asked to speak at a hearing. If you will consider making a joint submission with any person presenting a submission simialr to yours, you must tell us that you're willing to make a joint submission under those circumstances.
I request (under section 100A of the RMA), that you delegate your functions, powers, and duties to hear and decide the application to one or more hearings commissioners who are not members of the local authority.
