Whakatāne District Council has decided to withdraw a proposed plan change that would’ve introduced new rules for the use of audible bird scaring devices, such as gas guns, in the district.
The decision follows a pre-hearing mediation process, where Council staff, the kiwifruit industry and affected residents agreed to work together to find alternative solutions to reduce the noise impacts of bird scaring on the community.
Council initiated Plan Change 6 (Audible Bird Scaring Devices) in response to complaints from some residents about the noise levels and frequency of bird scaring devices, especially during the kiwifruit harvest season.
The proposed plan change would have imposed further limits on the hours of operation, number of devices and permitted noise levels.
Nicholas Woodley, Manager Policy, Planning and Consents Compliance, said “Council's intention with Plan Change 6 was to balance the needs of the kiwifruit industry with the rights of residents to enjoy a peaceful environment.”
“However, the mediation process has shown that there are viable, non-regulatory alternatives that can achieve this balance."
During the mediation process, the kiwifruit industry presented a draft best practice guide for bird scaring, which outlined various methods and techniques to minimise noise and disturbance to neighbours, while still protecting crops from bird damage.
"The draft best practice guide proposed by the kiwifruit industry is a promising step forward. It includes practical measures that can be implemented immediately, with the potential for more flexible and adaptive management of bird scaring activities,” said Mr Woodley.
The industry also committed to undertake monitoring, education and communication activities to improve the compliance and awareness of the best practice guide among growers and contractors. The affected residents accepted the industry's proposal and indicated that they would prefer to see a voluntary and collaborative approach, rather than a regulatory one, to address the issue.
Council staff supported the outcome of the mediation and recommended to the Environment, Energy and Resilience Committee to withdraw the plan change, as it would no longer be necessary or effective.
Elected Members agreed with staff's recommendation and commended the parties for reaching a constructive and positive agreement.
"The withdrawal of Plan Change 6 does not mean that we are stepping back from addressing the issue," Mr Woodley added.
"We will continue to monitor the situation closely and encourage all parties to adhere to the best practices outlined."
The decision to withdraw means the existing rules for bird scaring devices in the Whakatāne District Plan will remain in place, and both Council and the kiwifruit industry will continue to respond to any complaints or issues that may arise from their use.
Council also encourages all growers and contractors to follow the industry best practice guide for bird scaring, and to communicate with their neighbours and the Council about their bird scaring activities.