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National Planning Standards Resource Legislation Amendment Act
with Resource Legislation Amendment Act Regional workshops
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Planning Standards Roadshow
Resource Legislation Amendment Act 2017 Planning Standards Roadshow
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Broad scope - includes plan making, Māori participation, consenting, national direction, other Acts…
18 April: Royal Assent Many changes in force now, others at later dates
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High-level objectives
Better alignment and integration across the system Proportional and adaptable resource management processes Robust and durable decisions
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Plan making…
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New optional planning tracks: A. Streamlined
Resource Legislation Amendment Act 2017 New optional planning tracks: A. Streamlined Council applies to Minister with desired process Minister issues direction Council follows direction, prepares ‘decision version’ Minister may approve, decline or send back Once approved = operative Appeals limited to requiring authority/HPA aspects
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New optional planning tracks: B. Collaborative
Resource Legislation Amendment Act 2017 New optional planning tracks: B. Collaborative Collaborative group reports to council with consensus position Notification, submissions Hearing by separate review panel Recommendations to council Council decides Limited appeal rights
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New optional planning tracks: C. Limited notified
Resource Legislation Amendment Act 2017 New optional planning tracks: C. Limited notified For small discrete changes or variations Must notify all directly affected persons Rules can’t have legal effect on notification
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Other plan making changes
Resource Legislation Amendment Act 2017 Other plan making changes Combined plans give effect to proposed RPS Minsterial approval to extend 2 year timeframe Designations in partial district plan reviews
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Māori Participation
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Mana Whakahono a Rohe: Iwi participation arrangements
Resource Legislation Amendment Act 2017 Mana Whakahono a Rohe: Iwi participation arrangements
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Other Māori participation changes
Resource Legislation Amendment Act 2017 Other Māori participation changes Consultation on appointment of plan making commissioners Consultation on draft policy statements and plans (pre-notification) Section 32 reports to include a summary of consultation and proposed response
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Resource consenting In force from 18 October 2017
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Fast-track applications
Resource Legislation Amendment Act 2017 Consent exemptions Boundary activities - mandatory Marginal / temporary rule breaches – optional Fast-track applications Controlled district land use / regulation power
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Notification New step-by-step process
Resource Legislation Amendment Act 2017 Notification New step-by-step process General discretion to notify removed Some activities precluded from notification (particularly housing related) Limited notification still available for most applications Special circumstances test mandatory Regulation making power
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New consenting matters
Resource Legislation Amendment Act 2017 New consenting matters Offsetting - s104 Scope of consent conditions – s108AA Natural hazards in subdivision -ss106/220
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Appeals No appeals (unless non-complying) on: boundary activities
Resource Legislation Amendment Act 2017 Appeals No appeals (unless non-complying) on: boundary activities subdivision consents residential activities in residential zone Scope of appeals limited to matters raised in submissions
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Other changes
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National direction Significant risk of natural hazards: s6
Resource Legislation Amendment Act 2017 National direction Significant risk of natural hazards: s6 New National Planning Standards NES/NPS changes combined development process scope expanded/clarified Additional regulation-making powers
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Notices / serving documents
Resource Legislation Amendment Act 2017 Notices / serving documents From 18 Oct 2017 Public notices to be online, clear and concise Short summary in newspaper, inc. web-link Electronic document servicing to be default RM (Forms, Fees and Procedure) Regulations to be updated
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Procedural principles – s18A Subdivision presumption reversed – s11
Resource Legislation Amendment Act 2017 Procedural principles – s18A Subdivision presumption reversed – s11 Monitoring process efficiency/effectiveness – s35 New options to strike out submissions – s41D Development capacity – ss30/31 Hazardous substances removed – ss30/31 Abandoned coastal structures – MCA Act/RMA Stock drinking water – s14 Fixed fees - publishing schedules (s36AAB) / regulation-making power Objectors can request commissioners – s357AB Heritage protection orders (s189/195B-C) Environment Court procedures Board of inquiry procedures
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Other Acts Public Works Act – solatium increased / process changes
Reserves Act – optional joint process with RMA for recreation reserve exchange requests Conservation Act – alignment with RMA EEZ Act
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Implementation and Support
Resource Legislation Amendment Act 2017 Implementation and Support Factsheets, checklist, SPP application form, planning tracks comparison: mfe.govt.nz/node/21411 Upcoming technical guides/flowcharts (consent notification, exemptions, SPP, CPP, Mana Whakahono a Rohe) Contact us –
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National direction consultation
Other national direction underway … NPS Urban Development Capacity NES Plantation Forestry NPS Freshwater Management amendments NES Telecommunication Facilities
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Making RMA plans more efficient to develop and easier to use
National Planning Standards Making RMA plans more efficient to develop and easier to use
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Background Presentation title here RMA devolved plan making and limited guidance → unnecessary plan variation
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Examples District plans: topic based, zone based, combination
Presentation title here District plans: topic based, zone based, combination Regional plans: topic based, activity based, combined topic/activity, catchment based Rules: Activity based, effects based, hybrid Almost every district plan has a different definition of height, ground level, industrial activity etc Noise: dBA, dBA L10, dBA Lmax, dB LAeq Non-searchable PDFs → interactive ePlans
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Plan Variation Plans costly and time consuming
Presentation title here Plans costly and time consuming Overly complex, difficult to use Inconsistent implementation of national direction Resource duplication on plan content Best planning practice not identified and applied
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Planning Standards Outcomes
Fewer resources used to prepare and use plans Plan content easier to access Consistent incorporation of national direction Councils focus more on local content Plans apply good planning practice
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Pathways for implementation
“Mandatory pathway”: Inserted directly in plans No RMA Sched 1 Make consequential amendments Publicly notify changes “Discretionary pathway”: Choose from options, then apply to plans Use RMA Sched 1 Consequential amendments don’t use Schedule 1 Standards can also direct other changes Use RMA Sched 1 Local authority must take any other action directed by a standard.
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Phases of development Research (pre-18 April 2017)
Presentation title here Research (pre-18 April 2017) April – July 2017: Initial engagement June 2017 – April 2018: Drafting and testing phase April 2018 – January 2019: Submissions and standards refinement April 2019: Indicative Gazettal of standards April 2019 – April 2024: Implementation of standards
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Consultation to come Pilot council testing Online shared workspace
Regional workshops (NZPI/RMLA) Iwi reference group LGConnect RLAB group Industry/specialist group meetings Council discussions
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Online Shared Workspace
Upload, survey, discuss – be involved!
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Workshop
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