Requests for Private Plan Changes or changes to policy statements

Any person may request a change to a regional or district plan which is called a ‘private plan change’. Only a local authority or Minister of the Crown may request a change to a regional policy statement. 744

A request for a private plan change or a change to a policy statement needs to made in writing to the appropriate local authority and include: 745

  • The purpose of the proposed plan change or change to a policy statement
  • The reasons for the proposed plan change or change to a policy statement
  • The content of the proposed plan change or change to a policy statement
  • An evaluation report prepared in accordance with section 32
  • An assessment of the anticipated environmental effects of the proposed plan change or change to a policy statement taking into account the requirements of schedule 4

Within 20 working days of receiving the application, the local authority may request further information to be provided in regards to: 746

  • The effects on the environment
  • Ways in which any adverse effects may be mitigated
  • The benefits, costs, efficiency and effectiveness and any possible alternatives to the request
  • The nature of any consultation undertaken

A local authority, within 15 working days of receiving any of this information requested may require additional information relating to the request.

Within 20 working days of receiving the application or 15 working days of receiving the further information, the local authority may also commission a report in relation to a private plan change or request to a change in policy statement. 5145

The applicant for the private plan change or request to change a policy statement can decline to provide the additional information requested or decline to agree to the commissioning of a report and require the local authority to proceed with considering the application. In this case the local authority can reject the request or decline the plan change on the grounds that it has insufficient information to enable it to consider or approve the plan change or request to change a policy statement.

The local authority is required, within 30 working days of receiving the request and any additional information asked for, to decide how to deal with the request. It may either: 748

  • Adopt the request as if it were a proposed policy statement or plan made by the local authority itself
  • Accept the request
  • Deal with the request as though it were an application for a resource consent
  • Reject the request

Where the local authority adopts or accepts the request a number of different process options apply.

In exercising any of its functions relating to a private plan change a local authority must comply with any Mana Whakahono a Rohe that specifically provides a role for iwi in plan change processes.

Adopting the request

Where the local authority adopts the request, it is treated as if the local authority prepared the change as a proposed policy statement or proposed plan itself.  The local authority must give either public or limited notification of the plan change within 4 months.  The plan change can be processed using either the standard Schedule 1 planning process or the freshwater planning process.  It does not appear that it is possible for the local authority to apply for a streamline planning process in this instance because the Act states that for request plan changes or changes to policy statements Part 1 or Part 4 of Schedule 1 “must” apply. Part 5 which addresses the streamline process is not mentioned. 

Accepting the request

Where the local authority accepts the requestthe, freshwater planning process, the streamlined planning process, or a slightly modified version of the standard planning process can all apply.  Under all process the authority would have to prepare the change in in consultation with the person who applied for the plan change.

The freshwater planning process would be required if the change related to freshwater matters. 

If the freshwater planning process or streamline  planning process is followed then the changed needs to be publicly notified within four months. 748  The standard planning procedure under Schedule 1 applies with some small alterations, including sending copies of all submissions to the person who made the request and giving the person who made the request the right to appear before the local authority and the Environment Court without lodging a submission or appeal. 750

An application by a local authority for the change to be processed using a bespoke, streamline process must be agreed to by thee person requesting the change. 5146  If this process is followed then the nature of the process and any matters required by Direction will be determined by the Minister in accordance with the relevant parts of the RMA.

Rejecting a request

A request can be rejected on the grounds that: 751

  • It is frivolous or vexatious
  • The local authority or Environment Court has considered the substance of the request within the last two years
  • The request is not in accordance with sound resource management practice
  • If the request relates to aquaculture, that the request has been given effect to by regulations made under s 360A of the Resource Management Act 
  • The request would make the policy statement or plan inconsistent with the provisions of the Resource Management Act relating to plans (Part 5)
  • The policy statement or plan has been operative for less than two years

The limited grounds for rejection reflect the presumption that private plan change applications will be determined on their merits (through the local authority or private plan change process) unless one of the grounds above is made out. 752

The expression “sound resource management practice” has not been defined. The  High Court has accepted that the expression “must inevitably involve a merits assessment and a private plan change that does not accord with the purpose and principles of the RMA will not cross the threshold for acceptance or adoption. In the case before the High Court the timing of the request (within months of the operative plan becoming obsolete) meant that it offended against sound resource management practice. 753

A decision by the local authority to adopt or accept the request in part only, to deal with the request as though it were an application for resource consent, or reject part of or the entire request can be appealed to the Environment Court within 15 working days of receiving the decision. 754

Preparing a request for a private plan change is often a costly exercise which requires preparation of a comprehensive assessment of environmental effects and section 32 analysis. The council can also charge the applicant the full costs of processing the application. Applicants will also need to support the proposed private plan change through a council hearing and possibly an Environment Court hearing.

  1. Clause 21 Schedule 1 Resource Management Act 1991

  2. Clause 22 Schedule 1 Resource Management Act 1991

  3. Clause 23 Schedule 1 Resource Management Act 1991

  4. Clause 25 Schedule 1 Resource Management Act 1991

  5. Clause 26 Schedule 1 Resource Management Act 1991

  6. Clause 29 Schedule 1 Resource Management Act 1991

  7. Clause 25 Schedule 1 Resource Management Act 1991

  8. Countdown Properties (Northlands) Ltd v Dunedin CC [1994] NZRMA 145

  9. Malory Corporation Ltd v Rodney District Council  [2010] NZRMA 392, at [83-99]

  10. Clause 27 Schedule 1 Resource Management Act 1991

  11. Clause 23 Schedule 1 Resource Management Act 1991

  12. Section 80C Resource Management Act 1991. 

Last updated at 3:45PM on August 20, 2021