5.3.16 Neighbour effects - spray drift
As for noise, the consideration of this effect in the context of this study is effects generated from subdivided properties on other subdivided properties, not from existing activities on newly subdivided lots.
The "right to farm" concept also applies here, although there is an added issue of effects of different spray types on adjacent crops where there a number of smaller intensively farmed lots. The effects of spray drift can also be significant in terms of human health and therefore there is more justification for restricting effects within property boundaries.
5.3.16.1 Desired environmental outcomes
The adverse effects of spray drift to be contained within property boundaries.
5.3.16.2 Regional council methods
Regional Air Plans may be prepared by regional councils. These could address, amongst other things, the discharge of agrichemicals and sprays into the air. This power derives from section 15(2) of the RMA:
(2) No person may discharge any contaminant into the air, or into or onto land, from
(a) Any place; or
(b) Any other source, whether moveable or not, -
in a manner that contravenes a rule in a regional plan or proposed regional plan unless the discharge is expressly allowed by a resource consent [or regulations] or allowed by section 20 (certain existing lawful activities allowed).
Consequently a regional plan could set policies and rules regulating the discharge of sprays into the air. Options include defining permitted activities based on compliance with a number of conditions. These conditions could be based on:
- scale of activity (e.g. domestic versus commercial larger scale application;
- method of application;
- compliance with industry codes of practice such as the "Agrichemical Users Code of Practice";
- restricting effect to the property being sprayed;
- requirements that applicators are trained in chemical application;
- notification of neighbours.
For example the proposed Hawkes Bay Regional Air Plan contains two key rules regulating discharge to air of agrichemicals; one covering domestic and small scale usage, and another aimed at larger scale usage for crops and orchards. The rule regulating more widespread application contains much more detailed performance standards, as it could be expected that greater adverse effects would arise from these activities.
Rather than regulation, a regional council could also address these issues by policies in the regional policy statement and air quality plan, and alternative methods such as relying on the implementation of industry codes of practice, education and information provision.
As with noise, it is important to differentiate the effects of existing activities in the rural environment from the effects generated by new subdivision.
5.3.16.3 District council methods
District councils can also include provisions on the effects of spray drift in district plans. This is another instance where there may be overlap with regional council functions.
Methods which could be used include the following.
Setback of dwellings from property boundaries: The MAF report The Drift Hazard from Orchard Spraying 1991 [ quoted in Fields for the Future, Western Bay of Plenty District Council 1997] found that the greatest drop-off in spray drift concentration occurs over the first 20 to 30 m. Research quoted in Tasman District research papers concluded that 30m should provide an adequate buffer zone in most circumstances. These yards should be on all boundaries. As for noise, this approach recognises that rural residents have a responsibility to reduce the effects of spray drift on themselves as well as the generator of the spray drift.
Advantages of setting these types of yards are that:
- the setback should be sufficient to avoid most spray drift (and also dust effects and mitigate smell and noise effects);
- flexibility can be maintained by providing for resource consent applications to vary the yard requirements.
Disadvantages with setting yards are that:
- it may result in more inefficient land use and limits on choice as landowners are forced into the middle of their allotments;
- additional servicing costs for power and phone from the road to dwellings and other buildings because of increased distances;
- additional costs imposed to obtain resource consent for infringing the yard controls where there may be little option due to topography etc.
Performance standards could be set for spraying of horticultural crops in district plans; there is some overlap here with regional council functions which may need to be addressed. As an example, Rodney District has included these provisions in its rural plan change:
- restrictions on when spraying should not be carried out (e.g. at certain wind speeds);
- separation distances between area to be sprayed and dwellings, residential zones, and other activities such as organic crops ;
- type of spray equipment to be used;
- requirements to give notice of intended spraying to adjacent landowners or rural residential zones (in practice this may be difficult to achieve as spraying depends on weather conditions which may not be able to be determined far enough ahead to give adequate warning).
Contact for Enquiries
MAF Information Services
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PO Box 2526
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