Participating in the Plan Change Process

How to review a proposed policy statement or plan

If you have been notified of a proposed policy statement or plan you will need to decide whether or not to lodge a submission. You will need to review the document to determine whether or not it provides an adequate framework and management measures to address any environmental issues of concern to you.

1) Obtain a copy of the proposed policy statement or plan

It is easiest to access these documents online as they are usually large and often contain several volumes and coloured maps. Hard copies will be available at the council offices or public libraries and can be purchased from the relevant council but are often expensive.

You will also need a copy of the evaluation report prepared under section 32 of the Resource Management Act.

2) Identify the relevant sections

Many policy statements and plans cover a wide area and range of issues and it is easy to get swamped. You need to start out with a clear idea of the issues which are likely to be of concern to you.

If you are concerned about provisions applying to a particular site:

Refer to the planning maps to identify the proposed zoning of the site.
Refer to these maps to identify any restrictions such as designations or protected items which affect the site.
Find the relevant section of the plan dealing with the zone applicable to the site. This will identify what activities are permitted, controlled, restricted discretionary, discretionary, non-complying or prohibited in the zone. It will also set out a range of other controls which will apply to the zone such as building heights and locations, landscaping and removal of vegetation.
Where relevant, find the section of the plan which identifies designations, protected items and other restrictions noted on the planning maps.
Work back to the earlier sections of the relevant chapter which will identify objectives and policies which apply to the zone. These will be taken into account when assessing applications for restricted discretionary, discretionary and non-complying activities. Ensure that they are specific enough to be practically applied. They should also be internally consistent with each other and the rules.

If you are concerned about non site-specific issues, such as control of soil erosion or protection of biodiversity, you will need to carry out a more wide-ranging review of the document. You could proceed as follows:

Start with the area or areas of the region or district where the issue you are concerned about is likely to assume the most significance. For example, if you are concerned about biodiversity protection, this is likely to be areas where there is existing native forest and may be focussed in rural zones.
Use the planning maps to identify the predominant zoning applicable to the general areas of concern.
Go to the relevant section of the plan to identify what activities are permitted in the zone and under what conditions.
For those activities which are permitted or controlled, identify any which are likely to have an adverse effect on the issue of concern (for example subdivision on landscape values or forestry on biodiversity). If you are unclear about the scope of a permitted activity, (for example, whether 'farming' includes 'horticulture') look for the definition of the activity in the interpretation section of the plan.
For those activities which are discretionary or non-complying, identify any which could have an adverse effect on the issue of concern. Look at the objectives and policies of the zone to see whether these are adequate to control any adverse effects of these activities. Check to see that they are consistent and specific enough to be applied in practice.
Check to see if prohibited activities are provided for. Are there any activities which are not acceptable in the zone in any circumstances and which should be given prohibited activity status?
Carry out the above analysis for other zones which impact on your issue of concern.

3) Visit the area

Where possible, visit the area where you have concerns about the adequacy of the policy statement or plan. You will need to obtain the owner's permission before entering onto private land. A site visit will enable you to better assess current conditions and the adequacy of the proposed controls. It will also help your credibility in a subsequent council hearing if you can speak from first-hand experience.

4) Discuss your concerns with council officers and others

Feel free to discuss your concerns with council officers. They should be able to tell you why certain provisions were included in the policy statement or plan. They can also direct you to any other relevant reports or research which has been carried out by the council.

Arrange to meet with other parties that may have similar concerns to yours. You are likely to benefit from the opportunity to exchange views. Explore the possibility of lodging a joint submission and pooling resources to obtain professional assistance. If possible, also raise your concerns informally or formally with relevant professionals who may provide useful insights.

How to make a written submission

Before preparing your submission you will need to review and analyse the proposed plan or policy statement to identify if there are provisions which you would like to change or see deleted. Once you have identified issues of concern you will need to prepare a written submission to lodge with the Council.

1) Obtain a copy of the submission form

A submission must be prepared in accordance with Form 5. Many councils produce their own submission forms which meet the requirements of Form 5.

2) Matters to cover in your submission

Your submission must address all of the elements in Form 5:

A) The name of the proposed policy statement or plan your submission addresses.

B) Whether or not you could gain an advantage in trade competition through this submission.

C) If so, whether you are or are not directly affected by an effect of the subject of the submission that adversely affects the environment and does not relate to trade competition or the effects of trade competition.

D) The specific provisions of the proposal that your submission relates to.

You will need to list clearly the provisions on which you are making submissions. State these in as much detail as possible including the paragraph number and title. If possible, you should identify whether the number refers to a section of the plan or a policy, objective or rule. Where you are uncertain of the precise paragraph number which is relevant you should refer to the broader section of the proposed plan.

E) Your submission, including whether you support or oppose specific provisions and the reasons for your views.

In this section you need to clearly set out the nature of your submission, stating whether or not you support or oppose the specific provision, or wish to have amendments made. You must also provide some reasons. In supporting your concerns with the proposed policy statement or plan you may wish to consider the following:

Is the provision consistent with Part 2 of the RMA including the overarching purpose of sustainable management (section 5), the matters of national importance (section 6) and other matters (section 7)?
Is the provision consistent with the New Zealand Coastal Policy Statement, any other national policy statements or national planning standards in force?
In the case of a proposed district plan, is the provision consistent with any relevant regional policy statement and regional plans? In the case of a proposed regional plan, is the provision consistent with any relevant regional policy statement?
Will the provision help to achieve the environmental outcomes sought by the proposed plan as a whole?

You may wish to briefly refer to any information you have on the current environment and the impacts on this of the proposed provision. For example, there may be important habitats or landscapes which are not adequately protected or water pollution which is not being adequately addressed.

If your submission relates to a proposed policy statement or plan prepared or changed using the collaborative planning process, you must indicate whether you consider the document fails to give effect to a consensus position and how it should be modified.

F) The decision you seek from the local authority.

Be as precise as possible about what changes you would like to the provisions of the proposed plan:

If you would like changes to the wording of a provision, clearly show the changes you are seeking, striking out those words you wish to delete and underling the words you wish to insert. For example: “Amend Policy 7.8.1.2.1 to read 'Further subdivision and rural residential lifestyle opportunities should be limited prohibited in this zone'.”

If you would like to delete a provision, state that. For example: “Delete Policy 7.8.1.2.1”.

If you would like to add a new policy, provide the wording you would like adopted by the Council. For example: “Insert new Policy 7.8.1.2.2 to read 'No further subdivision will be permitted in the coastal zone'.”

Always include broad 'catch-all' phrases to give you room to address other related issues/wording changes which you may have missed or modifications which you may wish to make at a later time For example: At the end of a request change state “...or words to like effect” and at the end of the decisions you seek state: “and any additional changes which are required to the text and the maps of the proposed Plan to give effect to this submission”.

G) Whether or not you wish to be heard in support of your submission.

State whether or not you would like to go to the council hearing to present your submissions in person. If you are raising more than minor issues, you should seriously consider attending the hearing. The hearing committee is likely to give greater weight to submissions when members have the opportunity of hearing from the submitter and asking any questions that they have related to the submission. Stating that you wish to be heard at the submission stage does not obligate you to appear at the hearing later if you change your mind therefore there is little to be gained by stating you don't wish to be heard. Also, if you state you do not wish to be heard, the council is not obliged to advise you of the hearing.

H) Whether you will consider presenting a joint case with others at a hearing.

You will gain points with the council if you indicate a willingness to collaborate with other submitters raising a similar point. This will reduce potential repetition and the length of the hearing.

I) Sign and date the submission and provide your full name, postal address, telephone number and email address.

3) Writing your submission

Make your submission clear and easy to read by:

Using an easily readable typeface such as Arial 11 point, with wide margins and ample line spacing.
Using headings liberally. Where you are making submissions on a range of provisions, group these into similar topics and provide headings accordingly, under each of the main headings of Form 5.
Numbering the paragraphs.
Using short sentences and ensuring each paragraph addresses only one point.
Using lists with bullet points to break up long sentences.
Where appropriate, including maps, diagrams, and professional opinions that support your submission.
Using a table if you are making a complex submission.

Make sure that your submission does not:

Include personal feelings you have about the council or its officers.
Refer to issues or effects that are not related to the proposed policy statement or plan.
Raise the issue of the commercial success of your business being affected by the establishment of a competitor in your area (trade competition).

4) Lodging your submission

You should deliver, mail or email your submission to the council in advance of the closing date. There is no charge for lodging a submission.

If your submission is lodged after the closing date you can apply to the council for a waiver of the time limit. This is only likely to be granted if it does not prejudice other parties or unduly delay the process.

5) Best practice examples

Regional policy statement

Regional plan

District plan

How to make a further submission

After the closing date for receiving submissions on a proposed policy statement or plan, the council will summarise the submissions received. This summary will be publicly or limited notified and made available for inspection.

Where the policy statement or plan was publicly notifies, the following persons are then able to lodge further submissions in support or opposition to the submissions already lodged:

Any person representing a relevant aspect of the public interest. This is likely to include public interest environmental groups;
Any person that has an interest in the proposed policy statement or plan greater than the interest that the general public has. This is likely to include owners of land and users of resources directly affected by plan provisions. It is also likely to include iwi and hapu where their interests are directly affected; and
The local authority itself.

Where the policy statement or plan was limited notified, only the relevant Ministers, councils, iwi authorities and persons given limited notification may make a further submission.

1) Obtain a copy of the further submission form

A further submission must be prepared in accordance with Form 6. Many councils produce their own further submission forms which meet the requirements of Form 6.

2) Matters to cover in your further submission

Your further submission must address all of the elements in Form 6:

A) The name of the proposed policy statement or plan your further submission addresses

B) The ground upon which you are entitled to make a further submission

Specify whether you are a:

Person representing a relevant aspect of the public interest.
Person that has an interest in the proposed policy statement or plan greater than the interest that the general public has.
The local authority.

C) The submission you support or oppose.

State the name and address of the person making original submission and submission number of original submission, if available.

D) The particular parts of the submission you support or oppose

Identify which parts of the submission you are concerned with and whether you support or oppose them.

If you support or oppose the whole submission state 'I support the submission in its entirety' or 'I oppose the submission in its entirety'.
If you support or oppose part of the submission clearly specify which part. For example: 'I oppose the part of the submission which seeks to make service stations a permitted activity in the Residential 1 Zone' or ‘I oppose the part of the submission relating to Rule 5.1.2’.

If your submission relates to a proposed policy statement or plan prepared or changed using the collaborative planning process, you must indicate how the parts of the original submission you support or oppose relate to the collaborative consensus positions.

E) The reasons for your support or opposition.

In this section you need to clearly set out the reasons for your support or opposition. In supporting your further submission you may wish to consider the following:

Will the submission result in the proposed policy statement or plan being consistent with Part 2 of the RMA including the overarching purpose of sustainable management (section 5), the matters of national importance (section 6) and other matters (section 7)?
Will the submission result in the proposed policy statement or plan being consistent with the New Zealand Coastal Policy Statement or other national policy statements or national planning standards in force?
Will the submission result in the proposed policy statement or plan being consistent with any relevant regional policy statement and regional plan?
Will the submission result in the proposed policy statement or plan achieving the environmental outcomes sought as a whole?

F) The decision you seek.

Describe what decision you would like the council to make in respect of the submission such as allowing or disallowing the entire submission or parts of it (which you should identify precisely).

G) Whether you wish to be heard in support of your further submission.

State whether or not you would like to go to the council hearing to present your further submissions in person. If you are raising more than minor issues, you should seriously consider attending the hearing. The hearing committee is likely to give greater weight to submissions when members have the opportunity of hearing from the submitter and asking any questions that they have related to the submission.

Stating that you wish to be heard at the submission stage does not obligate you to appear at the hearing later if you change your mind. Therefore, there is little to be gained by stating you do not wish to be heard. Also, if you state you do not wish to be heard, the council is not obliged to advise you of the hearing.

H) Whether you will consider presenting a joint case with others at a hearing.

You will gain points with the council if you indicate a willingness to collaborate with other submitters raising a similar point. This will reduce potential repetition and the length of the hearing.

I) Sign and date the submission and provide your full name, postal address, telephone number and email address.

3) Writing your submission

Make your submission clear and easy to read by:

Using an easily readable typeface such as Arial 11 point, with wide margins and ample line spacing.
Using headings liberally. Where you are making submissions on a range of provisions, group these into similar topics and provide headings accordingly, under each of the main headings of Form 5.
Numbering the paragraphs.
Using short sentences and ensuring each paragraph addresses only one point.
Using lists with bullet points to break up long sentences.
Where appropriate, including maps, diagrams, and professional opinions that support your submission.
Using a table if you are making a complex submission.

Make sure that your submission does not:

Include personal feelings you have about the council or its officers.
Refer to issues or effects that are not related to the proposed policy statement or plan.
Raise the issue of the commercial success of your business being affected by the establishment of a competitor in your area (trade competition).

4) Lodging your further submission

You should deliver, mail or email your submission to the council in advance of the closing date. There is no charge for lodging a submission.

You need to serve a copy of the further submission on the person who made the submission within five working days of lodging it with the council. The submitter will have provided the address for service on the original submission form.

5) Best practice examples

Regional policy statement

Regional plan

District plan

Pre-hearing meetings

You may be invited to a pre-hearing meeting with other submitters, the applicant (for a private plan change) and the relevant council officers.

You don’t have to attend a pre-hearing meeting, but it can be a useful way to try and sort out issues before a hearing, in a relatively informal setting.

Everyone at the hearing will get a copy of a report about what went on at the pre-hearing meeting, including the issues that were agreed on and those that are outstanding. The hearing committee must have regard to the report in making their decisions.

Presenting to a council hearing

If you have lodged submissions or further submissions in regard to a proposed policy statement or plan, and have indicated that you would like to be heard, you will have the opportunity of presenting oral submissions and evidence to a hearing committee.

The hearing committee

A hearing committee is made up of councillors and/or independent commissioners, one of whom may act as a chairperson. There is no set number of committee members.

For the Schedule 1 planning processes, councils must consult iwi authorities about whether it is appropriate to appoint a commissioner who understands tikanga Māori and the perspectives of local iwi and hapū. ⁴⁵⁰⁹ For the collaborative planning process, at least one member of a collaborative group and a review planel will be appointed to represent the views of tangata whenua or who has an understanding of tikanga Māori and the perspectives of tangata whenua. ⁴⁵¹⁰ For the streamlined planning process, the Minister will direct the requirements.

Hearing procedure

Local authority hearings are required to avoid unnecessary formality and no cross-examination is permitted. This means that you cannot question other submitters and they cannot question you during the hearing. Members of the hearing panel may ask questions to clarify the evidence which has been presented. ⁷⁶⁸

The hearing of submissions on a proposed policy statement or plan may take place over several weeks or months. You will be asked to estimate the time needed to make your presentation to enable the council to schedule the submitters. You may be asked to pre-circulate expert evidence.

The Officer’s report

Once the council has received all the submissions and further submissions, council officers will usually prepare a report (an Officer’s Report) that includes a summary of submissions and further submissions, an analysis of all the submissions and further submissions and recommendations about which parts of the plan, plan change or variation should be adopted, removed or modified. You should refer to the Officer’s Report when preparing your submissions.

How to structure your submissions

Start by introducing yourself and/or your organisation. Provide a brief description of your background, and your organisation's objectives, activities and membership base.

Where you have made efforts to resolve your concerns directly with the council state this and the reasons why no resolution was achieved (without directly attacking the bona fides of council officers).

Where there is more than one person involved in presenting your case, state who will be giving submissions or evidence and on what issues.

Each issue of concern should have a separate section in your submission. This should state in more detail the nature of your concern, provide supporting information to support your concern, and clearly state what action you would like the council to take in order to address the concern.

Where you agree with the conclusions of the officer's report say so. Where you differ, identify these points clearly and state why you differ.

Include a brief concluding section which summarises the essence of your concerns and action sought.

Thank the hearing body for taking the time to hear and consider your submissions.

Using supporting information

Supporting information for issues of concern can include:

Drawing the hearing body members' attention to relevant sections of the Resource Management Act, New Zealand Coastal Policy Statement, national policy statements, national planning standards, regional policy statements and plans and district plans
Identifying any relevant research and reports which support your concerns (such as State of the Environment reports)
Describing local knowledge that you have about the environment and the impacts of the proposed provisions on it
Describing practical cases or examples which illustrate your main points (such as previous zoning controls which had negative effects)
You may wish to use a lawyer to support your case and call expert witnesses relevant to your specific matters of concern (e.g. a planner, ecologist, or noise specialist)

Presenting your submissions

Always make your submissions available in written form. This ensures that hearing body members do not need to take extensive notes and can refer to your submissions later, if necessary, when deliberating. Hand out copies of your submissions prior to your oral presentation. You will need to bring sufficient copies for all members of the hearing panel and for the Council file.

The purpose of your submissions is to persuade the hearing body members to agree with your point of view. Avoid being argumentative or badgering.

It is useful to identify ahead of time who will be on the hearing body, and their backgrounds and likely points of view, so that you can target your submissions accordingly.

Avoid attacking the applicant, council or council staff. This is inappropriate and counterproductive. Try to start your submissions with a positive statement about the council. For example, 'I would like to commend the council for adopting innovative approaches for protecting indigenous vegetation. However, I have the following concerns about the mechanisms for their implementation …'.

Clearly state your concerns and provide information to back up your point of view.

Be concise and to the point. Avoid being verbose. Do not get side tracked with irrelevant matters, allegations or conspiracy theories.

Make sure that all the material presented to support your submission is consistent.

Where possible illustrate your points with maps, photographs and illustrations. Make sure that all members of the hearing body have copies. It can be useful to take a large map or diagram, which can be placed on a display board, to illustrate points during your presentation.

Always use words that you understand and customarily use so that your presentation flows naturally.

Read from your written submissions but, where appropriate, ad-lib relevant comments.

Speak slowly and clearly and try to vary your tone to keep up interest.

Try to avoid repeating what others have already said. Even if you have included such material in the written version of the submissions, you can skip over these sections, and politely inform the hearing body that you are leaving out sections to avoid repetition. They will be relieved!

Best practice examples

Regional policy statement

Regional plan

District plan

Section 39 Resource Management Act 1991
Section 34(A)(1A), RMA
Clauses 40(1)(a) and 65(5), RMA

Last updated at 5:23PM on January 4, 2018