1Time limits

1. Repealed

2. Where any time limit is set in this schedule, a local authority may extend it under section 37.

3. Where no time limit is set, section 21 (obligation to avoid unreasonable delay) applies.

4. Where, under this schedule, a request for a plan change is to be heard and an application for a resource consent or a requirement for a designation or heritage order has been made in relation to the same proposal, section 102 (joint hearings) and section 103 (combined hearings) may apply.

1AMana Whakahono a Rohe to be complied with

1. A proposed policy statement or plan must be prepared in accordance with any applicable Mana Whakahono a Rohe.

2. A local authority may comply with clause 3(1)(d) in any particular case by consulting relevant iwi authorities about a proposed policy statement or plan in accordance with a Mana Whakahono a Rohe.

1BRelationship with iwi participation legislation

1. Nothing in this schedule limits any relevant iwi participation legislation or agreement under that legislation.

2Preparation of proposed policy statement or plan

1. The preparation of a policy statement or plan shall be commenced by the preparation by the local authority concerned, of a proposed policy statement or plan.

2. A proposed regional coastal plan must be prepared by the regional council concerned in consultation with—

3. the Minister of Conservation; and
4. iwi authorities of the region; and
5. any customary marine title group in the region.

3Consultation

1. During the preparation of a proposed policy statement or plan, the local authority concerned shall consult—

2. the Minister for the Environment; and
3. those other Ministers of the Crown who may be affected by the policy statement or plan; and
4. local authorities who may be so affected; and
5. the tangata whenua of the area who may be so affected, through iwi authorities; and
6. any customary marine title group in the area.

7. A local authority may consult anyone else during the preparation of a proposed policy statement or plan.

8. Without limiting subclauses (1) and (2), a regional council which is preparing a regional coastal plan shall consult—

9. the Minister of Conservation generally as to the content of the plan, and with particular respect to those activities to be described as restricted coastal activities in the proposed plan; and
10. the Minister of Transport in relation to matters to do with navigation and the Minister's functions under Parts 18 to 27 of the Maritime Transport Act 1994; and
11. the Minister of Fisheries in relation to fisheries management, and the management of aquaculture activities.

12. In consulting persons for the purposes of subclause (2), a local authority must undertake the consultation in accordance with section 82 of the Local Government Act 2002.

3AConsultation in relation to policy statements

1. A triennial agreement entered into under section 15(1) of the Local Government Act 2002 must include an agreement on the consultation process to be used by the affected local authorities in the course of—

2. preparing a proposed policy statement or a variation to a proposed policy statement; and
3. preparing a change to a policy statement; and
4. reviewing a policy statement.

5. If an agreement on the consultation process required by subclause (1) is not reached by the date prescribed in section 15(1) of the Local Government Act 2002,—

6. subclause (1) ceases to apply to that triennial agreement; and
7. 1 or more of the affected local authorities—
   1. must advise the Minister and every affected local authority as soon as is reasonably practicable after the date prescribed in section 15(1) of the Local Government Act 2002; and
   2. may submit the matter to mediation.

8. If subclause (2) applies, the parts of the triennial agreement other than the part relating to the consultative process referred to in subclause (1) may be confirmed before—

9. an agreement on the consultative process is reached under subclauses (4) and (5)(a); or
10. the Minister makes a binding determination under subclause (5)(b).

11. Mediation must be by a mediator or a mediation process agreed to by the affected local authorities.

12. If the matter is not submitted to mediation or if mediation is unsuccessful, the Minister may either—

13. make an appointment under section 25 for the purpose of determining a consultation process to be used in the course of preparing a proposed policy statement or reviewing a policy statement; or
14. make a binding determination as to the consultation process that must be used.

15. The consultative process must form part of the triennial agreement, whether or not the other parts of the triennial agreement have been confirmed, in the event that—

16. an agreement is reached under subclause (4) or subclause (5)(a) as to a consultative process, as required by subclause (1); or
17. the Minister makes a binding determination under subclause (5)(b).

18. In this clause, affected local authorities means—

19. the regional council of a region; and
20. every territorial authority whose district is wholly or partly in the region of the regional council.

3BConsultation with iwi authorities

1. For the purposes of clause 3(1)(d), a local authority is to be treated as having consulted with iwi authorities in relation to those whose details are entered in the record kept under section 35A, if the local authority—

2. considers ways in which it may foster the development of their capacity to respond to an invitation to consult; and
3. establishes and maintains processes to provide opportunities for those iwi authorities to consult it; and
4. consults with those iwi authorities; and
5. enables those iwi authorities to identify resource management issues of concern to them; and
6. indicates how those issues have been or are to be addressed.

3CPrevious consultation under other enactments

1. A local authority is not required to comply with clause 3 to the extent that any matter in a proposed policy statement or plan has been the subject of consultation with the same person, group of persons, or their representative or agent under another enactment within the 36 months preceding public notification of the proposed policy statement or plan that the matter relates to, so long as that person, group of persons, or their representative or agent were advised that the information obtained from that consultation was also to apply in relation to matters under this Act.

4Requirements to be inserted prior to notification of proposed district plans

1. This clause applies to a new district plan or review of a district plan under section 79(1).

2. The territorial authority must give written notice to any requiring authority that has a designation that has not lapsed in the relevant part of the district plan.

3. The purpose of the notice is to invite those requiring authorities to give written notice to the territorial authority stating whether the requiring authority requires the designation to be included, with or without modification, in the proposed plan.

4. Subclause (1A) applies before the territorial authority—

5. notifies the district plan, change, or variation under clause 5; or
7. applies to the Minister for a direction under section 80C to enter the streamlined planning process.

8. The written notice must—

9. give the requiring authority at least 30 working days to respond; and
10. state which planning process under this schedule it proposes to use or request; and
11. specify the final date for the requiring authority to provide its written notice.

13. Repealed

14. Repealed

15. Repealed

16. Where the requiring authority states that a designation is to be included in the proposed plan, with modifications, the requiring authority shall include in its written notice the nature of the modifications, and the reasons for the modifications.

17. If the requiring authority fails to notify the territorial authority in accordance with subclause (1), no provision for the designation shall be included in the proposed plan.

18. A territorial authority shall include in its proposed plan provision for any designation it receives notice of under this clause, any existing heritage orders, and any requirements for designations and heritage orders to which sections 170 and 192 apply or any requirement to which clause 42 applies.

19. A territorial authority may include in its proposed district plan—

20. any requirement for a designation or heritage order which the territorial authority has responsibility for within its district; and
21. any existing designations or heritage orders, with or without modifications, which the territorial authority has responsibility for within its own district.

22. If a territorial authority includes a requirement, or modification of a requirement, in its proposed district plan under subclause (6), it must make available for public inspection all information about the requirement that is required by the prescribed form for the notice of that requirement.

23. Repealed

24. A requiring authority may withdraw a requirement for a designation in accordance with section 168(4) and a heritage protection authority may withdraw a requirement for a heritage order in accordance with section 189(4).

25. If a territorial authority receives notice from a requiring authority that a requirement has been withdrawn, the territorial authority must, as soon as reasonably practicable and without using the process in this schedule, amend its proposed district plan accordingly.

4AFurther pre-notification requirements concerning iwi authorities

1. Before notifying a proposed policy statement or plan, a local authority must—

2. provide a copy of the relevant draft proposed policy statement or plan to the iwi authorities consulted under clause 3(1)(d); and
3. have particular regard to any advice received on a draft proposed policy statement or plan from those iwi authorities.

4. When a local authority provides a copy of the relevant draft proposed policy statement or plan in accordance with subclause (1), it must allow adequate time and opportunity for the iwi authorities to consider the draft and provide advice on it.

5Public notice and provision of document to public bodies

1. A local authority that has prepared a proposed policy statement or plan must—

2. prepare an evaluation report for the proposed policy statement or plan in accordance with section 32 and have particular regard to that report when deciding whether to proceed with the statement or plan; and
3. if the local authority decides to proceed with the proposed policy statement or plan, do one of the following, as appropriate:
   1. publicly notify the proposed policy statement or plan:
   2. give limited notification, as provided for in clause 5A.

4. A territorial authority shall, not earlier than 60 working days before public notification or later than 10 working days after public notification of its plan, either—

5. send a copy of the public notice, and such further information as the territorial authority thinks fit relating to the proposed plan, to every ratepayer for the area of the territorial authority where that person, in the territorial authority's opinion, is likely to be directly affected by the proposed plan; or
6. include the public notice, and such further information as the territorial authority thinks fit relating to the proposed plan, in any publication or circular which is issued or sent to all residential properties and Post Office box addresses located in the affected area—
and shall send a copy of the public notice to any other person who, in the territorial authority's opinion, is directly affected by the plan.

7. Notwithstanding subclause (1A), a territorial authority shall ensure that notice is given of any requirement or modification of a designation or heritage order under clause 4 to land owners and occupiers who, in the territorial authority's opinion, are likely to be directly affected.

8. A regional council shall, not earlier than 60 working days before public notification or later than 10 working days after public notification, send a copy of the public notice and such further information as the regional council thinks fit relating to the proposed policy statement or plan to any person who, in the regional council's opinion, is likely to be directly affected by the proposed policy statement or plan.

9. Public notice under subclause (1) shall state—

10. where the proposed policy statement or plan may be inspected; and
11. that any person may make a submission on the proposed policy statement or plan; and
12. the process for public participation in the consideration of the proposed policy statement or plan; and
13. the closing date for submissions; and
14. the address for service of the local authority.

15. If the proposed policy statement or plan is a freshwater planning instrument, the public notice under subclause (1) must also—

16. state whether all or part of the instrument is subject to the freshwater planning process; and
17. if applicable, state—
    1. which part will undergo the freshwater planning process and the reasons why; and
    2. which part will undergo the processes in Part 1 of this schedule and the reasons why.

18. The closing date for submissions—

19. shall, in the case of a proposed policy statement or plan, be at least 40 working days after public notification; and
20. shall, in the case of a proposed change or variation to a policy statement or plan, be at least 20 working days after public notification.

21. A local authority shall provide 1 copy of its proposed policy statement or plan without charge to—

22. the Minister for the Environment; and
24. in the case of a regional coastal plan, the Minister of Conservation and the appropriate regional conservator for the Department of Conservation; and
25. in the case of a district plan, the regional council and adjacent local authorities; and
26. in the case of a policy statement or regional plan, constituent territorial authorities, and adjacent regional councils; and
27. the tangata whenua of the area, through iwi authorities.

29. A local authority shall make any proposed policy statement or plan prepared by it available in every public library in its area and in every other place in its area that it considers appropriate.

30. The obligation imposed by subclause (5) is in addition to the local authority's obligations under section 35 (records).

5AOption to give limited notification of proposed change or variation

1. This clause applies to a proposed change or variation.

2. The local authority may give limited notification, but only if it is able to identify all the persons directly affected by the proposed change or a variation of a proposed policy statement or plan.

3. The local authority must serve limited notification on all persons identified as being directly affected by the proposed change or variation.

4. A notice given under this clause must state—

5. where the proposed change or variation may be inspected; and
6. that only the persons given limited notification under this clause may make a submission on the proposed change or variation; and
7. the process for participating in the consideration of the proposed change or variation; and
8. the closing date for submissions; and
9. the address for service of the local authority.

10. The local authority may provide any further information relating to a proposed change or variation that it thinks fit.

11. The closing date for submissions must be at least 20 working days after limited notification is given under this clause.

12. If limited notification is given, the local authority may adopt, as an earlier closing date, the last day on which the local authority receives, from all the directly affected persons, a submission, or written notice that no submission is to be made.

13. The local authority must provide a copy of the proposed change or variation, without charge, to—

14. the Minister for the Environment; and
15. for a change to, or variation of, a regional coastal plan, the Minister of Conservation and the Director-General of Conservation; and
16. for a change to, or variation of, a district plan, the regional council and adjacent local authorities; and
17. for a change to, or variation of, a policy statement or regional plan, the constituent territorial authorities and adjacent regional councils; and
18. tangata whenua of the area, through iwi authorities.

19. If limited notification is given in relation to a proposed change under this clause, the local authority must make the change or variation publicly available in the central public library of the relevant district or region, and may also make it available in any other place that it considers appropriate.

20. The obligations on the local authority under subclause (4) are in addition to those under section 35 (which relates to the keeping of records).

6Making of submissions under clause 5

1. Once a proposed policy statement or plan is publicly notified under clause 5, the persons described in subclauses (2) to (4) may make a submission on it to the relevant local authority.

2. The local authority in its own area may make a submission.

3. Any other person may make a submission but, if the person could gain an advantage in trade competition through the submission, the person's right to make a submission is limited by subclause (4).

4. A person who could gain an advantage in trade competition through the submission may make a submission only if directly affected by an effect of the proposed policy statement or plan that—

5. adversely affects the environment; and
6. does not relate to trade competition or the effects of trade competition.

7. A submission must be in the prescribed form.

6AMaking of submissions under clause 5A

1. If limited notification is given under clause 5A on a proposed change to a policy statement or plan, the only persons who may make submissions or further submissions on the proposed change are—

2. the persons given limited notification under clause 5A(3); and
3. the persons provided with a copy of the proposed change under clause 5A(8).

4. However, if a person with a right to make a submission could gain an advantage in trade competition through making a submission, that person may make a submission only if directly affected by an effect of the proposed change that—

5. adversely affects the environment; and
6. does not relate to trade competition or the effects of trade competition.

7. The local authority in its own area may make a submission.

8. Submissions must be made in the prescribed form.

7Public notice of submissions

1. A local authority must give public notice of—

2. the availability of a summary of decisions requested by persons making submissions on a proposed policy statement or plan; and
3. where the summary of decisions and the submissions can be inspected; and
4. the fact that no later than 10 working days after the day on which this public notice is given, the persons described in clause 8(1) may make a further submission on the proposed policy statement or plan; and
5. the date of the last day for making further submissions (as calculated under paragraph (c)); and
6. the limitations on the content and form of a further submission.

7. The local authority must serve a copy of the public notice on all persons who made submissions.

8. However, in the case of a submission on a proposed change to a policy statement or plan, if a local authority has given limited notification under clause 5A, it must give notice of the matters listed in subclause (1), as relevant, instead of giving public notice, to—

9. the persons given limited notification under clause 5A(3); and
10. the persons provided with a copy of the proposed change under clause 5A(8).

8Certain persons may make further submissions

1. The following persons may make a further submission, in the prescribed form, on a proposed policy statement or plan to the relevant local authority:

2. any person representing a relevant aspect of the public interest; and
3. any person that has an interest in the proposed policy statement or plan greater than the interest that the general public has; and
4. the local authority itself.

5. However, in the case of submissions on a proposed change to a policy statement or plan for which limited notification has been given under clause 5A, the only persons (in addition to the relevant local authority) who may make a further submission are—

6. the persons given limited notification under clause 5A(3); and
7. the persons given a copy of the proposed change under clause 5A(8).

8. A further submission given under subclause (1) or (1A) must be limited to a matter in support of or in opposition to the relevant submission made under clause 6 or 6A.

8AService of further submissions

1. A person who makes a further submission under clause 8(1) or (1A) must serve a copy of it on—

2. the relevant local authority; and
3. the person who made the submission under clause 6 or 6A to which the further submission relates.

4. The further submission must be served on the person referred to in subclause (1)(b) not later than 5 working days after the day on which the person provides the relevant local authority with the further submission.

8AAResolution of disputes

1. For the purpose of clarifying or facilitating the resolution of any matter relating to a proposed policy statement or plan, a local authority may, if requested or on its own initiative, invite anyone who has made a submission on the proposed policy statement or plan to meet with the local authority or such other person as the local authority thinks appropriate.

2. A member of the local authority who attends a meeting under subclause (1) is not disqualified from participating in a decision made under clause 10.

3. The local authority may, with the consent of the parties, refer to mediation the issues raised by persons who have made submissions on the proposed plan or policy statement.

4. Mediation under subclause (3) must be conducted by an independent mediator.

5. The chairperson of the meeting must, as soon as practicable after the end of the meeting, prepare a report that—

6. must identify the matters that are agreed between the local authority and the submitters and those that are not; and
7. may identify—
   1. the nature of the evidence that must be called at the hearing by the persons who made submissions:
   2. the order in which that evidence is to be heard:
   3. a proposed timetable for the hearing; but
8. does not include evidence that was presented at the meeting on a without prejudice basis.

9. The person who prepared the report must give the report to those persons who attended the meeting and the local authority not later than 5 working days before the hearing.

10. The local authority must have regard to the report in making its decision under clause 10.

8BHearing by local authority

1. A local authority shall hold a hearing into submissions on its proposed policy statement or plan, and any requirements notified under clause 4, and give at least 10 working days notice of the dates, times, and place of the hearings to—

2. every person who made a submission or further submission, and who requested to be heard (and has not since withdrawn that request); and
3. in the case of a district plan, every authority which made a requirement under clause 4.

8CHearing not needed

1. Where submissions are made but no person indicates they wish to be heard, or the request to be heard is withdrawn, the local authority shall consider the submissions along with the other relevant matters, but shall not be required to hold a hearing.

8DWithdrawal of proposed policy statements and plans

1. Where a local authority has initiated the preparation of a policy statement or plan, the local authority may withdraw its proposal to prepare, change, or vary the policy statement or plan at any time—

2. if an appeal has not been made to the Environment Court under clause 14, or the appeal has been withdrawn, before the policy statement or plan is approved by the local authority; or
3. if an appeal has been made to the Environment Court, before the Environment Court hearing commences.

4. The local authority shall give public notice of any withdrawal under subclause (1), including the reasons for the withdrawal.

9Recommendations and decisions on requirements

1. The territorial authority shall make and notify its recommendation in respect of any provision included in the proposed district plan under clause 4(5) to the appropriate authority in accordance with section 171 or section 191.

2. The territorial authority shall make its decision on provisions included in the proposed district plan under clause 4(6) in accordance with section 168A(3) or section 189A(3), as the case may be.

3. Nothing in this clause shall allow the territorial authority to make a recommendation or decision in respect of any existing designations or heritage orders that are included without modification and on which no submissions are received.

10Decisions on provisions and matters raised in submissions

1. A local authority must give a decision on the provisions and matters raised in submissions, whether or not a hearing is held on the proposed policy statement or plan concerned.

2. The decision—

3. must include the reasons for accepting or rejecting the submissions and, for that purpose, may address the submissions by grouping them according to—
   1. the provisions of the proposed statement or plan to which they relate; or
   2. the matters to which they relate; and
4. must include a further evaluation of the proposed policy statement or plan undertaken in accordance with section 32AA; and
5. may include—
   1. matters relating to any consequential alterations necessary to the proposed statement or plan arising from the submissions; and
   2. any other matter relevant to the proposed statement or plan arising from the submissions.

6. To avoid doubt, the local authority is not required to give a decision that addresses each submission individually.

7. The local authority must—

8. have particular regard to the further evaluation undertaken in accordance with subclause (2)(ab) when making its decision; and
9. give its decision no later than 2 years after notifying the proposed policy statement or plan under clause 5; and
10. publicly notify the decision within the same time.

11. On and from the date the decision is publicly notified, the proposed policy statement or plan is amended in accordance with the decision.

10AApplication to Minister for extension of time

1. A local authority must, before the time for making its decision under clause 10, apply to the Minister for an extension of the time for giving a decision under that clause if the local authority is unable, or is likely to be unable, to meet the requirement of clause 10(4)(a) (under which decisions must be given within 2 years of notification of a proposed policy statement or plan).

2. An application under subclause (1) must be in writing, and must set out—

3. the reasons for the request for an extension; and
4. the duration of the extension required.

5. Before applying for an extension, a local authority must take into account—

6. the interests of any person who, in its opinion, may be directly affected by an extension; and
7. the interests of the community in achieving adequate assessment of the effects of the proposed policy statement or plan or change to a policy statement or plan; and
8. its duty under section 21 to avoid unreasonable delay.

9. The Minister—

10. may decline or agree to an extension applied for under subclause (1); but
11. in the case of a regional coastal plan, must consider the views of the Minister of Conservation before granting an extension.

12. The Minister must serve notice of his or her decision on the local authority.

13. If the Minister grants an extension, the local authority must give public notice of that extension.

14. This clause applies instead of section 37 if the time limit prescribed by clause 10(4)(a) is to be extended.

11Notification of decision

1. At the same time as a local authority publicly notifies a decision under clause 10(4)(b), it must serve, on every person who made a submission on the proposed policy statement or plan concerned,—

2. a copy of the public notice; and
3. a statement of the time within which an appeal may be lodged by the person.

4. Where a decision has been made under clause 9(2), the territorial authority, at the same time as it publicly notifies a decision under clause 10(4)(b), must serve a copy of the public notice on landowners and occupiers who, in the territorial authority's opinion, are directly affected by the decision.

5. If the local authority serves or provides a copy of the public notice under subclause (1) or (2), it must—

6. make a copy of the decision available (whether physically or by electronic means) at all its offices, and all public libraries in the district (if it relates to a district plan) or region (in all other cases); and
7. include with the notice a statement of the places where a copy of the decision is available; and
8. send or provide, on request, a copy of the decision within 3 working days after the request is received.

12Record of effect of decisions on provisions other than requirements (Repealed)

13Decision of requiring authority or heritage protection authority

1. A requiring authority or heritage protection authority shall notify the territorial authority whether it accepts or rejects its recommendation in whole or in part within 30 working days after the day on which the territorial authority notifies its recommendation under clause 9.

2. A requiring authority and a heritage protection authority may modify a requirement if, and only if, that modification is recommended by the territorial authority, or it is not inconsistent with the requirement as notified.

3. The territorial authority shall alter the proposed district plan to show the modification or delete the requirement in accordance with the requiring authority's or heritage protection authority's notice.

4. The territorial authority shall ensure a notice of decision by the requiring authority or heritage protection authority and a statement of the time within which an appeal may be lodged is served on every person who made a submission on the requirement, and on the land owners and occupiers who are directly affected by the decision, within 15 working days of the territorial authority receiving the decision.

5. Repealed

6. If a notice summarising a decision is served, the territorial authority must—

7. make a copy of the decision available (whether physically or by electronic means) at all its offices, and all public libraries in the district; and
8. include with the notice a statement of the places where a copy of the decision is available; and
9. send, or provide, on request, a copy of the decision within 3 working days after the request is received.

14Appeals to Environment Court

1. A person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of—

2. a provision included in the proposed policy statement or plan; or
3. a provision that the decision on submissions proposes to include in the policy statement or plan; or
4. a matter excluded from the proposed policy statement or plan; or
5. a provision that the decision on submissions proposes to exclude from the policy statement or plan.

6. However, a person may appeal under subclause (1) only if—

7. the person referred to the provision or the matter in the person's submission on the proposed policy statement or plan; and
8. the appeal does not seek the withdrawal of the proposed policy statement or plan as a whole.

9. For the purposes of subclause (2)(b), proposed plan does not include a variation or a change.

10. The following persons may appeal to the Environment Court against any aspect of a requiring authority's or heritage protection authority's decision:

11. any person who made a submission on the requirement that referred to that matter:
12. the territorial authority.

13. Any appeal to the Environment Court under this clause must be in the prescribed form and lodged with the Environment Court within 30 working days of service of the notice of decision of the local authority under clause 11 or service of the notice of decision of the requiring authority or heritage protection authority under clause 13, as the case may be.

14. The appellant must serve a copy of the notice in the prescribed manner.

15Hearing by the Environment Court

1. The Environment Court shall hold a public hearing into any provision or matter referred to it.

2. If the Environment Court, in a hearing into any provision of a proposed policy statement or plan (other than a proposed regional coastal plan), directs a local authority under section 293(1), the local authority must comply with the court's directions.

3. Where the court hears an appeal against a provision of a proposed regional coastal plan, that appeal is an inquiry and the court—

4. shall report its findings to the appellant, the local authority concerned, and the Minister of Conservation; and
5. may include a direction given under section 293(1) to the regional council to make modifications to, deletions from, or additions to, the proposed regional coastal plan.

16Amendment of proposed policy statement or plan

1. A local authority must, without using the process in this schedule, make an amendment to its proposed policy statement or plan that is required by section 55(2) or by a direction of the Environment Court under section 293.

2. A local authority may make an amendment, without using the process in this schedule, to its proposed policy statement or plan to alter any information, where such an alteration is of minor effect, or may correct any minor errors.

3. Repealed

16AVariation of proposed policy statement or plan

1. A local authority may initiate variations (being alterations other than those under clause 16) to a proposed policy statement or plan, or to a change, at any time before the approval of the policy statement or plan.

2. The provisions of this schedule, with all necessary modifications, shall apply to every variation as if it were a change.

16BMerger with proposed policy statement or plan

1. Every variation initiated under clause 16A shall be merged in and become part of the proposed policy statement or plan as soon as the variation and the proposed policy statement or plan are both at the same procedural stage; but where the variation includes a provision to be substituted for a provision in the proposed policy statement or plan against which a submission or an appeal has been lodged, that submission or appeal shall be deemed to be a submission or appeal against the variation.

2. From the date of notification of a variation, the proposed policy statement or proposed plan shall have effect as if it had been so varied.

3. Subclause (2) does not apply to a proposed policy statement or plan approved under clause 17(1A).

17Final consideration of policy statements and plans other than regional coastal plans

1. A local authority shall approve a proposed policy statement or plan (other than a regional coastal plan) once it has made amendments under clause 16 or variations under clause 16A (if any).

2. However, a local authority may approve a proposed policy statement or plan (other than a regional coastal plan) in respect of which it has initiated a variation.

3. A variation to a proposed policy statement or plan approved under subclause (1A) must be treated as if it were a change to the policy statement or plan unless the variation has merged in and become part of the proposed policy statement or plan under clause 16B(1).

4. A local authority may approve part of a policy statement or plan, if all submissions or appeals relating to that part have been disposed of.

5. Every approval under this clause shall be effected by affixing the seal of the local authority to the proposed policy statement or plan.

6. See also section 99 of the Urban Development Act 2020 (which requires notice of plan changes, at least 20 working days before approval, to Kāinga Ora–Homes and Communities, in certain circumstances).

18Consideration of a regional coastal plan by regional council

1. A regional council shall adopt a proposed regional coastal plan for reference to the Minister of Conservation once it has made amendments under clause 16 or variations under clause 16A (if any).

2. Every adoption of a proposed regional coastal plan under this clause shall be effected by affixing the seal of the regional council to the proposed regional coastal plan.

3. As soon as practicable after a regional council adopts a proposed regional coastal plan it shall send the plan to the Minister of Conservation for his or her approval.

4. A regional council may adopt part of a proposed regional coastal plan if all submissions or inquiries relating to that part have been disposed of.

5. See also section 99 of the Urban Development Act 2020 (which requires notice of plan changes, at least 20 working days before adopting them, to Kāinga Ora–Homes and Communities, in certain circumstances).

19Ministerial approval of regional coastal plan

1. Prior to his or her approval of a regional coastal plan, the Minister of Conservation may require the regional council to make any amendments to the plan specified by that Minister.

2. The Minister of Conservation may not require a regional council to make an amendment to a regional coastal plan that is in conflict or inconsistent with any direction of the Environment Court, unless the Minister made a submission on the provision concerned when the provision was referred to the court.

3. When the Minister of Conservation requires a regional council to make changes under subclause (1), the Minister shall give reasons.

4. If all submissions or inquiries relating to part of a regional coastal plan have been disposed of, the Minister of Conservation may approve that part.

5. Every approval of a regional coastal plan under this clause shall be effected by the Minister of Conservation signing the regional coastal plan.

20Operative date

1. Subject to subclause (2), an approved policy statement or plan shall become an operative policy statement or plan on a date which is to be publicly notified.

2. The local authority shall publicly notify the date on which the policy statement or plan becomes operative at least 5 working days before the date on which it becomes operative.

3. Repealed

4. The local authority shall provide 1 copy of its operative policy statement or plan without charge to—

5. the Minister for the Environment; and
7. in the case of a regional coastal plan, the Minister of Conservation and the appropriate regional conservator for the Department of Conservation; and
8. in the case of a district plan, the regional council and adjacent territorial authorities; and
9. in the case of a policy statement or regional plan, constituent territorial authorities and adjacent regional councils; and
10. the tangata whenua of the area, through iwi authorities.

12. The local authority shall provide 1 copy of its operative policy statement or plan to every public library in its area.

13. The obligation imposed by subclause (5) is in addition to the local authority's obligations under section 35 (records).

20ACorrection of operative policy statement or plan

1. A local authority may amend, without using the process in this schedule, an operative policy statement or plan to correct any minor errors.

21Requests

1. Any person may request a change to a district plan or a regional plan (including a regional coastal plan).

2. Any person may request the preparation of a regional plan, other than a regional coastal plan.

3. Any Minister of the Crown or any territorial authority in the region may request a change to a policy statement.

4. Repealed

5. Where a local authority proposes to prepare or change its policy statement or plan, the provisions of this Part shall not apply and the procedure set out in Part 1, 4, or 5 applies.

6. If a request for a plan change is made jointly with an application to exchange recreation reserve land (as permitted by section 65(4A) or 73(2A)), the application must be—

7. processed, with the request for a plan change, in accordance with this Part, other than clauses 27 and 29(4) to (8); then
8. decided under section 15AA of the Reserves Act 1977.

22Form of request

1. A request made under clause 21 shall be made to the appropriate local authority in writing and shall explain the purpose of, and reasons for, the proposed plan or change to a policy statement or plan and contain an evaluation report prepared in accordance with section 32 for the proposed plan or change.

2. Where environmental effects are anticipated, the request shall describe those effects, taking into account clauses 6 and 7 of Schedule 4, in such detail as corresponds with the scale and significance of the actual or potential environmental effects anticipated from the implementation of the change, policy statement, or plan.

23Further information may be required

1. Where a local authority receives a request from any person under clause 21, it may within 20 working days, by written notice, require that person to provide further information necessary to enable the local authority to better understand—

2. the nature of the request in respect of the effect it will have on the environment, including taking into account the provisions of Schedule 4; or
3. the ways in which any adverse effects may be mitigated; or
4. the benefits and costs, the efficiency and effectiveness, and any possible alternatives to the request; or
5. the nature of any consultation undertaken or required to be undertaken—
if such information is appropriate to the scale and significance of the actual or potential environmental effects anticipated from the implementation of the change or plan.

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

7. A local authority may, within 20 working days of receiving a request under clause 21, or, if further or additional information is sought under subclause (1) or subclause (2), within 15 working days of receiving that information, commission a report in relation to the request and shall notify the person who made the request that such a report has been commissioned.

8. A local authority must specify in writing its reasons for requiring further or additional information or for commissioning a report under this clause.

9. The person who made the request—

10. may decline, in writing, to provide the further or additional information or to agree to the commissioning of a report; and
11. may require the local authority to proceed with considering the request.

12. To avoid doubt, if the person who made the request declines under subclause (5) to provide the further or additional information, the local authority may at any time reject the request or decide not to approve the plan change requested, if it considers that it has insufficient information to enable it to consider or approve the request.

24Modification of request

1. As a result of further or additional information, commissioned reports, or other relevant matters, the local authority may, with the agreement of the person who made the request, modify the request.

25Local authority to consider request

1. A local authority shall, within 30 working days of—

2. receiving a request under clause 21; or
3. receiving all required information or any report which was commissioned under clause 23; or
4. modifying the request under clause 24—
whichever is the latest, decide under which of subclauses (2), (3), and (4), or a combination of subclauses (2) and (4), the request shall be dealt with.

5. The local authority must have particular regard to the evaluation report prepared for the proposed plan or change in accordance with clause 22(1)—

6. when making a decision under subclause (1); and
7. when dealing with the request under subclause (2), (3), or (4).

8. The local authority may either—

9. adopt the request, or part of the request, as if it were a proposed policy statement or plan made by the local authority itself and, if it does so,—
   1. the request must be notified in accordance with clause 5 or 5A within 4 months of the local authority adopting the request; and
   2. the provisions of Part 1 or 4 must apply; and
   3. the request has legal effect once publicly notified; or
10. accept the request, in whole or in part, and proceed to notify the request, or part of the request, under clause 26.

11. However, if a direction is applied for under section 80C, the period between the date of that application and the date when the application is declined under clause 77(1) must not be included in the calculation of the 4-month period specified by subclause (2)(a)(i).

12. Subclause (2)(a)(iii) is subject to section 86B.

13. The local authority may decide to deal with the request as if it were an application for a resource consent and the provisions of Part 6 shall apply accordingly.

14. The local authority may reject the request in whole or in part, but only on the grounds that—

15. the request or part of the request is frivolous or vexatious; or
16. within the last 2 years, the substance of the request or part of the request—
    1. has been considered and given effect to, or rejected by, the local authority or the Environment Court; or
    2. has been given effect to by regulations made under section 360A; or
17. the request or part of the request is not in accordance with sound resource management practice; or
18. the request or part of the request would make the policy statement or plan inconsistent with Part 5; or
19. in the case of a proposed change to a policy statement or plan, the policy statement or plan has been operative for less than 2 years.

20. A specified territorial authority must not accept or adopt a request if it does not incorporate the MDRS as required by section 77G(1).

21. The local authority shall notify the person who made the request, within 10 working days, of its decision under this clause, and the reasons for that decision, including the decision on notification.

26Notification timeframes

1. Where a local authority accepts the request or part of the request under clause 25(2)(b)—

2. the local authority shall prepare the change to the policy statement or plan in consultation with the person who made the request under clause 21; and
3. the local authority shall notify the change or the proposed policy statement or plan—
   1. within 4 months of agreeing to accept the request; or
   2. within the period that the Environment Court directs under clause 27.

4. However, if a direction is applied for under section 80C, the period between the date of that application and the date when the application is declined under clause 77(1) must not be included in the calculation of the 4-month period specified in subclause (1)(b)(i).

26AMana Whakahono a Rohe

1. In exercising or performing any powers, functions, or duties under this Part, a local authority must comply with any Mana Whakahono a Rohe that specifically provides a role for iwi authorities in relation to any plan or change requested under this Part.

27Appeals

1. A person who requests a plan change under clause 21 may appeal to the Environment Court against a decision referred to in subclause (1A) within 15 working days of receiving the decision.

2. The decisions that may be appealed under subclause (1) are decisions—

3. to adopt or accept the request in part only under clause 25(2):
4. to reject the request under clause 23(6):
5. to deal with the request under clause 25(3):
6. to reject the request under clause 25(4) in whole or in part.

7. The Environment Court may make such decision on any such appeal as it thinks fit.

28Withdrawal of requests

1. Where any person has made a request under clause 21 that person may withdraw the request at any time before the decision by the local authority under clause 29 is notified.

2. Where any local authority has reasonable grounds to consider that a person who made a request under clause 21 no longer wishes to continue with the request, the local authority may send a notice to that person at their last known address.

3. A notice sent under subclause (2) shall state that if the person who made the request does not advise the local authority within 30 working days of their wish to continue with the request, the local authority shall deem the request to have been withdrawn.

4. If the local authority receives no response to its notice sent under subclause (2), it shall deem the request to have been withdrawn under subclause (1).

5. Where notice of withdrawal is given under subclause (1) or is deemed to be given under subclause (4), preparation of the policy statement or plan or change shall cease, unless the local authority determines to proceed with the request itself under this Part.

6. The local authority shall ensure that, within 15 working days of receiving a notice of withdrawal under subclause (1) or deeming it to be withdrawn under subclause (4), public notice of the withdrawal, including the reason for the withdrawal, is given, unless the local authority determines to proceed with the request itself.

29Procedure under this Part

1. Except as provided in subclauses (1A) to (9), Part 1, with all necessary modifications, shall apply to any plan or change requested under this Part and accepted under clause 25(2)(b).

2. Any person may make a submission but, if the person is a trade competitor of the person who made the request, the person's right to make a submission is limited by subclause (1B).

3. A trade competitor of the person who made the request may make a submission only if directly affected by an effect of the plan or change that—

4. adversely affects the environment; and
5. does not relate to trade competition or the effects of trade competition.

6. The local authority shall send copies of all submissions on the plan or change to the person who made the request.

7. The person who made the request has the right to appear before the local authority under clause 8B.

8. After considering a plan or change, undertaking a further evaluation of the plan or change in accordance with section 32AA, and having particular regard to that evaluation, the local authority—

9. may decline, approve, or approve with modifications the plan or change; and
10. must give reasons for its decision.

11. In addition to those persons covered by clause 11, the local authority shall serve a copy of its decision on the person who made the request under clause 21.

12. The person who made the request, and any person who made submissions on the plan or change, may appeal the decision of the local authority to the Environment Court.

13. Where a plan or change has been appealed to the Environment Court, clauses 14 and 15 shall apply, with all necessary modifications.

14. Where a plan or change has been appealed to the Environment Court, the person who made the request under clause 21 has the right to appear before the Environment Court.

15. If the decision to change a plan is subject to the grant of an application to exchange recreation reserve land under section 15AA of the Reserves Act 1977, the local authority must advise the person who requested the plan change that—

16. the plan change is subject to a decision by the administering body on the application to exchange the recreation reserve land; and
17. the decision on the exchange will be made under the Reserves Act 1977 after the time allowed for appeals against the decision on the plan change has expired and any appeals have been completed.

18. With the agreement of the person who made the request, the local authority may, at any time before its decision on the plan or change, initiate a variation under clause 16A.

30Incorporation of documents by reference in plans and proposed plans

1. The following written material may be incorporated by reference in a plan or proposed plan:

2. standards, requirements, or recommended practices of international or national organisations:
3. standards, requirements, or recommended practices prescribed in any country or jurisdiction:
4. any other written material that deals with technical matters and is too large or impractical to include in, or print as part of, the plan or proposed plan.

5. Material may be incorporated by reference in a plan or proposed plan—

6. in whole or in part; and
7. with modifications, additions, or variations specified in the plan or proposed plan.

8. Material incorporated by reference in a plan or proposed plan has legal effect as part of the plan or proposed plan.

31Effect of amendments to, or replacement of, material incorporated by reference in plans and proposed plans

1. An amendment to, or replacement of, material incorporated by reference in a plan or proposed plan has legal effect as part of the plan or proposed plan only if—

2. a variation that has merged in and become part of the proposed plan under Part 1, 4, or 5 states that the amendment or replacement has that effect; or
3. an approved change made to the plan under Part 1, 4, or 5 states that the amendment or replacement has that effect.

32Proof of material incorporated by reference

1. A copy of material incorporated by reference in a plan or proposed plan, including any amendment to, or replacement of, the material (material), must be—

2. certified as a correct copy of the material by the local authority; and
3. retained by the local authority.

4. The production in proceedings of a certified copy of the material is, in the absence of evidence to the contrary, sufficient evidence of the incorporation in the plan or proposed plan of the material.

33Effect of expiry of material incorporated by reference

1. Material incorporated by reference in a plan or proposed plan that expires or that is revoked or that ceases to have effect ceases to have legal effect as part of the plan or proposed plan only if—

2. a variation that has merged in and become part of the proposed plan under Part 1, 4, or 5 states that the material ceases to have effect; or
3. a change to the plan made and approved under Part 1, 4, or 5 states that the material ceases to have effect.

34Consultation on proposal to incorporate material by reference

1. This clause applies to a proposed plan, a variation of a proposed plan, or a change to a plan—

2. that incorporates material by reference:
3. that states that an amendment to, or replacement of, material incorporated by reference in the proposed plan or plan has legal effect as part of the plan.

4. Before a local authority publicly notifies a proposed plan, a variation of a proposed plan, or a change to a plan under clause 5, the local authority must—

5. make copies of the material proposed to be incorporated by reference or the proposed amendment to, or replacement of, material incorporated by reference (proposed material) available for inspection during working hours for a reasonable period at the offices of the local authority; and
6. make copies of the proposed material available for purchase in accordance with section 36 at the offices of the local authority; and
7. give public notice stating that—
   1. the proposed material is available for inspection during working hours, the place at which it can be inspected, and the period during which it can be inspected; and
   2. copies of the proposed material can be purchased and the place at which they can be purchased; and
   3. if copies of the material are available under subclause (3), details of how and where it may be obtained or accessed; and
8. allow a reasonable opportunity for persons to comment on the proposal to incorporate the proposed material by reference; and
9. consider any comments they make.

10. In addition to the requirements under subclause (2), the local authority may make copies of the proposed material available in any way that the chief executive of the local authority considers appropriate in the circumstances (for example, on an Internet website maintained by or on behalf of the local authority).

11. The reference in subclause (2) or subclause (3) to the proposed material includes, if the material is not in an official New Zealand language, an accurate translation in an official New Zealand language of the material.

12. A failure to comply with this clause does not invalidate a plan or proposed plan that incorporates material by reference.

35Access to material incorporated by reference

1. The local authority—

2. must make the material referred to in subclause (2) (material) available for inspection during working hours at the offices of the local authority; and
3. must make copies of the material available for purchase in accordance with section 36 at the offices of the local authority; and
4. may make copies of the material available in any other way that the chief executive of the local authority considers appropriate in the circumstances (for example, on an Internet website maintained by or on behalf of the local authority); and
5. must give public notice stating that—
   1. the material is incorporated in the plan or proposed plan; and
   2. the material is available for inspection during working hours free of charge and the place at which it can be inspected; and
   3. copies of the material can be purchased and the place at which they can be purchased; and
   4. if copies of the material are available under paragraph (c), details of how and where it may be obtained or accessed.

6. The material referred to in subclause (1) is—

7. material incorporated by reference in a plan or proposed plan:
8. any amendment to, or replacement of, that material that is incorporated in the plan or proposed plan or the material referred to in paragraph (a) with the amendments or replacement material incorporated:
9. if the material referred to in paragraph (a) or paragraph (b) is not in an official New Zealand language, as well as the material itself, an accurate translation in an official New Zealand language of the material.

36Interpretation

1. In this Part,—

   hearings means any hearing or part of a hearing of submissions on a freshwater planning instrument conducted by a freshwater hearings panel

   relevant regional council means the regional council responsible for a freshwater planning instrument.

37Regional council must submit freshwater planning documents and give nominations to Chief Freshwater Commissioner

1. A regional council must, no later than 6 months after it has publicly notified a freshwater planning instrument, submit the following documents to the Chief Freshwater Commissioner:

2. the freshwater planning instrument that was publicly notified:
3. any variation made to the freshwater planning instrument under clause 16A:
4. the regional council’s evaluation report prepared under section 32:
5. the submissions on the freshwater planning instrument received by the closing date for submissions:
6. the regional council’s summary of the decisions requested by submitters:
7. any further submissions on the freshwater planning instrument received by the closing date for further submissions:
8. any submissions received after the closing date for submissions or further submissions:
9. any information about when the submissions described in paragraph (g) were received:
10. the planning documents that are recognised by an iwi authority and lodged with the regional council:
11. any documentation relevant to any obligations arising under any relevant iwi participation legislation, joint management agreement, or Mana Whakahono a Rohe:
12. any other relevant information.

13. A regional council must, at least 20 working days before it submits the documents under subclause (1), provide the Chief Freshwater Commissioner in writing with—

14. a notice of its intention to submit those documents to the Chief Freshwater Commissioner; and
15. nominations for appointments to the freshwater hearings panel that are required by clause 59(1)(b) and (c).

38Chief Freshwater Commissioner must convene freshwater hearings panel

1. As soon as practicable after receiving the documents described in clause 37(1), the Chief Freshwater Commissioner must, in accordance with clause 59, convene a freshwater hearings panel for the freshwater planning instrument to which those documents relate.

39Functions of freshwater hearings panel

1. The functions of every freshwater hearings panel are—

2. to conduct a hearing of submissions on a freshwater planning instrument referred to it by the Chief Freshwater Commissioner; and
3. to make recommendations, after the hearing of submissions is concluded, to the relevant regional council; and
4. to hear any objections made in accordance with clause 40(2).

40Powers of freshwater hearings panel

1. A freshwater hearings panel has the same duties and powers as a local authority under the following provisions to the extent applicable:

2. section 39 (which provides for how hearings are to be conducted), except section 39(2)(c) and (d):
3. section 39C (which sets out the effect of a lack of accreditation):
4. section 40 (which provides for the persons who may be heard at a hearing):
5. section 41 (which provides for the application of certain provisions of the Commissions of Inquiry Act 1908):
6. section 41A (which relates to the control of hearings):
7. section 41B (which provides for the giving of directions as to the time for providing evidence in relation to a hearing):
8. section 41C (which sets out the directions and requests that may be given before or at a hearing), except section 41C(4):
9. section 41D (which provides for submissions to be struck out before or at a hearing):
10. section 42 (which provides for the protection of sensitive information):
11. section 42A (which provides for the ability to commission hearing reports).

12. If a freshwater hearings panel exercises a power under section 41D,—

13. a person whose submission is struck out has a right of objection under section 357 as if the references in that section to an authority were a reference to a freshwater hearings panel; and
14. sections 357C, 357D, and 358 apply to the freshwater hearings panel as the body to which an objection is made under section 357.

15. A freshwater hearings panel may decide to accept or reject any late submission.

16. A freshwater hearings panel may recommend to a relevant regional council that a variation be made to a freshwater planning instrument.

41Pre-hearing meetings

1. The chairperson of a freshwater hearings panel may convene a pre-hearing meeting for the purpose of—

2. clarifying a matter or an issue; or
3. facilitating resolution of a matter or an issue; or
4. dealing with any matter of an administrative or a procedural nature.

5. The chairperson may invite to the meeting—

6. any person who made a submission on the freshwater planning instrument:
7. the relevant regional council:
8. any person who the chairperson considers has relevant expertise.

9. The chairperson must appoint a person to chair the pre-hearing meeting.

10. The chairperson of the pre-hearing meeting must provide the freshwater hearings panel with a report that—

11. sets out any clarification or resolution of a matter or an issue agreed between the persons who attended the meeting; and
12. sets out any outstanding matter or issue between them; and
13. addresses any matter or issue identified by the chairperson to the freshwater hearings panel.

42Council’s role during hearings

1. The relevant regional council must attend the hearings to assist a freshwater hearings panel in 1 or more of the following ways:

2. to clarify or discuss matters in the freshwater planning instrument:
3. to give evidence:
4. to speak to submissions or address issues raised by them:
5. to provide any other relevant information as requested by the panel.

6. Despite subclause (1), the freshwater hearings panel may excuse the relevant regional council from attending or remaining at any particular hearing.

7. A failure by a relevant regional council or a freshwater hearings panel to comply with this clause does not invalidate the hearing or the hearings session.

8. To avoid doubt, this clause does not limit or prevent the relevant regional council from—

9. making a submission on the freshwater planning instrument:
10. being heard on that submission.

11. A regional council must comply with any requirement by the freshwater hearings panel to provide a hearing report in accordance with section 42A.

43Conference of experts

1. A freshwater hearings panel may, at any time during a hearing, direct that a conference of experts be held for the purpose of—

2. clarifying a matter or an issue relating to the freshwater planning instrument; or
3. facilitating resolution of a matter or an issue relating to the freshwater planning instrument.

4. Without limiting the panel’s discretion under subclause (1), the panel may authorise a representative of the relevant regional council with appropriate expertise to attend the conference.

5. The persons attending the conference must provide the freshwater hearings panel with a report of the outcomes of the conference.

6. If a conference requires a facilitator, the panel must appoint an independent facilitator.

7. The facilitator of a conference must, after the conference, prepare a report on the conference and provide it in writing or electronically to—

8. the freshwater hearings panel; and
9. the persons who attended the conference.

10. A facilitator must act under subclause (5) only if the freshwater hearings panel requires him or her to do so.

11. A report prepared under subclause (5) must not, without a person’s consent, include any material that the person communicated or made available at the conference on a without prejudice basis.

44Alternative dispute resolution

1. A freshwater hearings panel may, at any time during a hearing, refer to mediation or any other alternative dispute resolution process the persons listed in subclause (2) if—

2. the panel considers that it is—
   1. appropriate to do so; and
   2. likely to resolve issues between the parties that relate to the freshwater planning instrument; and
3. each person has consented (other than the relevant regional council, which must participate if referred by the panel).

4. The persons are—

5. 1 or more submitters; and
6. the relevant regional council; and
7. any other person that the freshwater hearings panel considers appropriate.

8. The freshwater hearings panel must appoint the mediator or person facilitating the mediation or other dispute resolution process (the mediator).

9. The mediator must report the outcome to the freshwater hearings panel.

10. The outcome reported under subclause (4) must not include any material without the consent of the relevant person, if the material was communicated or made available by the person at the mediation or other process on a without prejudice basis.

45Freshwater hearings panel may commission reports

1. A freshwater hearings panel may, at any time before or during a hearing, require the relevant regional council, or commission a consultant or any other person, to prepare a report on—

2. 1 or more submissions; or
3. any matter arising from a hearing; or
4. any other matter that the panel considers necessary for the purpose of the panel making its recommendations.

5. The report does not need to repeat information included in any submission.

6. Instead, the report may—

7. adopt all of the information; or
8. adopt any part of the information by referring to the part adopted.

9. The freshwater hearings panel—

10. may consider the report at the hearing or when making its recommendations, or both; and
11. must require the relevant regional council to make the report available for inspection on its Internet site and at its offices.

12. The freshwater hearings panel may request and receive, from the person who prepared the report, any information and advice that is relevant and reasonably necessary for the panel to make its recommendations under clause 49.

46Freshwater hearings panel may appoint special advisor and friend of submitter

1. The chairperson of a freshwater hearings panel may appoint as a special advisor a person who is able to assist the panel in any hearing.

2. A special advisor is not a member of the panel but may assist the panel in any way that the panel thinks fit.

3. The chairperson of a freshwater hearings panel—

4. may appoint a friend of submitter for the purpose of providing support to the submitter in relation to the hearings; but
5. must consult the relevant regional council before making an appointment.
Notes

47Chief Freshwater Commissioner may extend time frame

1. A regional council or the chairperson of a freshwater hearings panel may request the Chief Freshwater Commissioner for an extension of a time frame specified in clauses 37, 40, 51, and 52 in relation to a freshwater planning instrument.

2. The person applying must state why the extension is sought, the proposed time frame, and how the person intends to meet the proposed time frame.

3. The Chief Freshwater Commissioner may—

4. decline the request; or
5. fully accept the request (including the proposed time frame); or
6. partially accept the request and determine a different time frame.

7. The Chief Freshwater Commissioner may grant a regional council or a freshwater hearings panel an extension more than once (in relation to the same or a different provision specified in subclause (1)).

8. However, the total period of any extension (regardless of who applied for it) must not exceed 12 months in relation to a freshwater planning instrument.

48Procedures of freshwater hearings panel

1. Every freshwater hearings panel must—

2. regulate its own proceedings in a manner that is appropriate and fair in the circumstances; and
3. keep a full record of proceedings.

4. At a hearing, a freshwater hearings panel may—

5. permit a party to question another party or witness:
6. prohibit cross-examination:
7. permit cross-examination at the request of a party but only if the panel is satisfied that it is in the interests of justice:
8. regulate the conduct of any cross-examination.

49Freshwater hearings panel must make recommendations to regional council on freshwater planning instrument

1. A freshwater hearings panel must make recommendations on the freshwater planning instrument.

2. The freshwater hearings panel—

3. is not limited in making recommendations only within the scope of submissions made on the freshwater planning instrument; and
4. may make recommendations on any other matters relating to the freshwater planning instrument identified by the panel or any other person during the hearing.

5. The freshwater hearings panel must provide its recommendations to the relevant regional council in 1 or more written reports.

6. Each report must include—

7. the panel’s recommendations on the provisions of the freshwater planning instrument covered by the report, and identify any recommendations that are out of scope of the submissions made in respect of those provisions; and
8. the panel’s recommendations on the provisions and matters raised in submissions made in respect of the provisions covered by the report; and
9. the panel’s reasons for accepting or rejecting submissions and, for this purpose, may address the submissions by grouping them according to—
   1. the provisions of the freshwater planning instrument to which they relate; or
   2. the matters to which they relate.

10. Each report may also include—

11. matters relating to any consequential alterations necessary to the freshwater planning instrument arising from submissions; and
12. any other matter that the panel considers relevant to the freshwater planning instrument that arises from submissions or otherwise.

13. To avoid doubt, a panel is not required to make recommendations in a report that address each submission individually.

50Matters that affect recommendations

1. A freshwater hearings panel, in formulating its recommendations, must—

2. have regard to—
   1. any reports prepared under section 42A and clauses 41, 43, 45, and 46; and
   2. any reports produced as a result of mediation or other alternative dispute resolution directed by the panel; and
   3. any technical or other reports commissioned by the panel; and
   4. any advice or other assistance provided by a special advisor appointed under clause 46; and
3. take account of any alternative dispute resolution outcomes reported under clause 44; and
4. include in its recommendations a further evaluation of the freshwater planning instrument undertaken in accordance with section 32AA; and
5. be sure that if the relevant regional council were to accept the panel’s recommendations, the following would be complied with:
   1. sections 43B, 59 to 68, 69 to 70B, 85A, and 85B(2); and
   2. any other provision of any enactment (including this Act) that applies to the council’s preparation of the plan.

51Deadline for recommendations

1. A freshwater hearings panel must provide its report under clause 49 to the relevant regional council no later than the date that is 40 working days before the expiry of 2 years after the date on which the freshwater planning instrument was publicly notified by the relevant regional council.

52Relevant regional council to consider recommendations and notify decisions on them

1. The relevant regional council must—

2. decide whether to accept or reject each recommendation of the freshwater hearings panel; and
3. for each rejected recommendation that is within the scope of submissions, decide an alternative solution, which—
   1. may or may not include elements of both the freshwater planning instrument as notified and the freshwater hearings panel’s recommendation in respect of that part of the freshwater planning instrument; but
   2. must be within the scope of the submissions; and
4. for each rejected recommendation that is outside the scope of submissions, decide an alternative solution, which may be within or outside the scope of submissions; and
5. include an assessment of each alternative solution to a rejected recommendation in the further evaluation report required under section 32AA.

6. The regional council must make decisions under subclause (1) in a manner that is consistent with any relevant iwi participation legislation, Mana Whakahono a Rohe, or joint management agreement.

7. When making decisions under subclause (1), the relevant regional council—

8. is not, subject to subclause (2), required to consult any person or consider submissions or other evidence from any person; and
9. must not consider any submission or other evidence unless it was made available to the freshwater hearings panel before the panel made the recommendation that is the subject of the relevant regional council’s decision.

10. To avoid doubt, the relevant regional council may accept recommendations of the freshwater hearings panel that are beyond the scope of the submissions made on the freshwater planning instrument.

11. The relevant regional council must, no later than 40 working days after it is provided with the report, publicly notify its decisions under subclause (1) in a way that sets out the following information:

12. each recommendation of the freshwater hearings panel that it accepts:
13. each recommendation of the freshwater hearings panel that it rejects and the reasons for doing so:
14. the alternative solution for each rejected recommendation.

15. After the regional council publicly notifies its decisions, it must comply with clause 11 as if the decisions were notified under clause 10(4)(b).

16. On and from the date the decisions are publicly notified, the freshwater planning instrument is amended in accordance with the decisions.

17. A regional council must publicly notify the availability of the report of the freshwater hearings panel, the council’s decisions, and where the report and the decisions may be viewed or accessed.

53Variations to freshwater planning instrument

1. If at any time after complying with clause 37(1), a relevant regional council considers that a variation to the freshwater planning instrument is needed, the council must—

2. notify the Chief Freshwater Commissioner in writing of the need for the variation; and
3. provide any additional information requested by the Chief Freshwater Commissioner for the purpose of subclause (3).

4. A regional council must also comply with subclause (1)(a) and (b) if it considers that a variation to a freshwater instrument recommended by the freshwater hearings panel is needed (see clause 40(4)).

5. The Chief Freshwater Commissioner must, after consulting the relevant freshwater hearings panel, determine whether to accept or reject the variation.

6. In making a determination, the Chief Freshwater Commissioner must consider—

7. whether the variation is needed to correct a significant defect in the freshwater planning instrument; and
8. whether the variation is needed for the effective functioning of the freshwater planning instrument; and
9. the impact that accepting the variation would have on the decision date of the freshwater planning instrument.

10. The Chief Freshwater Commissioner must advise the relevant regional council in writing of the outcome of the determination.

11. Clauses 16A and 16B apply, with any necessary modifications, to the variation. However, a variation that is initiated before the regional council complies with clause 37(1) must be merged into the freshwater planning instrument in accordance with clause 16B before the council complies with that clause.

54Appeal rights

1. The appeal rights available in respect of a freshwater planning instrument are as provided in clauses 55 and 56.

2. To avoid doubt, no further appeal lies to the Supreme Court (by leave or otherwise).

55Right of appeal in relation to rejected recommendation

1. A person who made a submission on a freshwater planning instrument may appeal to the Environment Court in respect of a provision or matter relating to the freshwater planning instrument—

2. that the person addressed in the submission; and
3. in relation to which the relevant regional council rejected a recommendation of the freshwater hearings panel and decided an alternative solution which resulted in—
   1. a provision or matter being included in the freshwater planning instrument; or
   2. a provision or matter being excluded from the freshwater planning instrument.

4. If a regional council decides to reject a recommendation of the freshwater hearings panel that is outside the scope of submissions, a person who made a submission may appeal to the Environment Court in respect of that decision or the alternative solution proposed by the council.

5. The Environment Court must treat an appeal under this clause as if it were a hearing under clause 15(1) or (2).

6. Except as provided in this clause, the following provisions apply with all necessary modifications:

7. Parts 11 and 11A but not section 308; and
8. clauses 14(4) and (5) and 15(1) and (2) of this schedule.

56Right of appeal in relation to accepted recommendation

1. A person who made a submission on a freshwater planning instrument may appeal to the High Court in respect of a provision or matter relating to the freshwater planning instrument—

2. that the person addressed in the submission; and
3. in relation to which the relevant regional council accepted a recommendation of the freshwater hearings panel which resulted in—
   1. a provision or matter being included in a freshwater planning instrument; or
   2. a provision or matter being excluded from a freshwater planning instrument.

4. If a regional council decides to accept a recommendation of the freshwater hearings panel that is outside the scope of submissions, a person who made a submission may appeal to the High Court in respect of that decision.

5. An appeal under this clause may be on a question of law only.

6. Except as otherwise provided in this clause, sections 299(2), 300 to 308, and Part 11A apply with all necessary modifications.

57Judicial review

1. Nothing in this Part limits or affects any right of judicial review a person may have in respect of any matter to which this Part applies except as provided in clause 55(4) (which applies section 296, that section being in Part 11).

2. However, a person must not both apply for judicial review of a decision made under this Part and appeal to the High Court under clause 56 in respect of the decision unless the person lodges the applications for judicial review and appeal together.

3. If applications for judicial review and appeal are lodged together, the High Court must try to hear the judicial review and appeal proceedings together, but need not if the court considers it impracticable to do so in the circumstances of the particular case.

58Chief Freshwater Commissioner’s powers and functions in relation to freshwater hearings panels

1. The Chief Freshwater Commissioner has the following powers and functions:

2. to decide when freshwater hearings panels are to be convened:
3. to determine, after considering the documents submitted by a regional council under clause 37(1) in relation to a freshwater planning instrument, the appropriate size and composition of a freshwater hearings panel in accordance with clause 59:
4. to consider nominations for appointment to a freshwater hearings panel made under clause 59(1)(b) and (c):
5. to appoint members of a freshwater hearings panel in accordance with clause 59:
6. to appoint the chairperson of a freshwater hearings panel.

7. The Chief Freshwater Commissioner may direct that a freshwater hearings panel be split into 2 panels if the Commissioner considers it appropriate in the circumstances.

59Composition of freshwater hearings panel

1. Each freshwater hearings panel must comprise 5 members as follows:

2. 2 freshwater commissioners; and
3. 2 persons who—
   1. are nominated by the relevant regional council; and
   2. may or may not be elected regional council members; and
4. 1 person with an understanding of tikanga Māori and mātauranga Māori who—
   1. is nominated by local tangata whenua; or
   2. if no nomination is made, is appointed by the Chief Freshwater Commissioner.

5. However, the number of members on a freshwater hearings panel—

6. may exceed 5 if the Chief Freshwater Commissioner considers there are special circumstances in the region to which the freshwater planning instrument applies; or
7. may be fewer than 5 (but no fewer than 3) if the Chief Freshwater Commissioner considers that the scale and complexity of the freshwater planning instrument does not warrant the appointment of 5 members.

8. When appointing fewer than 5 members to a freshwater hearings panel, the Chief Freshwater Commissioner must ensure that the panel includes—

9. 1 person described in subclause (1)(b); and
10. 1 person described in subclause (1)(c); and
11. 1 freshwater commissioner.

12. When appointing more than 5 members to a freshwater hearings panel, the Chief Freshwater Commissioner must ensure that the panel includes the 5 members referred to in subclause (1)(a) to (c).

13. The Chief Freshwater Commissioner must convene each freshwater hearings panel in a manner that is consistent with any relevant iwi participation legislation, Mana Whakahono a Rohe, or joint management agreement.

14. When convening a freshwater hearings panel, the Chief Freshwater Commissioner must consider the need for the panel to collectively have knowledge of and expertise in relation to—

15. judicial processes and cross-examination; and
16. freshwater quality, quantity, and ecology; and
17. this Act; and
18. tikanga Māori and mātauranga Māori; and
19. Te Mana o te Wai; and
20. water use in the local community; and
21. subject areas likely to be relevant to the work of the panel.

22. A freshwater hearings panel member must be accredited under section 39A unless the Chief Freshwater Commissioner is satisfied there are special circumstances in relation to the freshwater hearings panel to which the commissioner is appointed.

60Appointment of chairperson of freshwater hearings panel

1. The Chief Freshwater Commissioner must appoint the chairperson of a freshwater hearings panel.

2. Before appointing a chairperson, the Chief Freshwater Commissioner must consider the desirability of the chairperson having knowledge and expertise in relation to judicial processes and cross-examination.

3. The chairperson must be a freshwater commissioner and may be the Chief Freshwater Commissioner.

4. In the event of an equality of votes, the chairperson has a casting vote.

61Liability of members of freshwater hearings panel

1. A member of a freshwater hearings panel is not liable for anything the member does, or omits to do, in good faith in performing the functions and duties or exercising the powers of a panel.

62Other duties of Chief Freshwater Commissioner in relation to panel members

1. The Chief Freshwater Commissioner may,—

2. at any time, for just cause, remove a member from a freshwater hearings panel; and
3. appoint new members to the freshwater hearings panel in accordance with clause 59.

4. The Chief Freshwater Commissioner must notify members of their appointment to a freshwater hearings panel and when their appointment commences.

5. When removing a member from a freshwater hearings panel, the Chief Freshwater Commissioner must tell the member in writing of the date on which the removal takes effect and the reasons for the removal.

6. A member is not entitled to any compensation or other payment or benefit relating to the person ceasing, for any reason, to be a member of the panel.

7. In subclause (1), just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of the collective duties of the freshwater hearings panel or the individual duties of members of the panel.

63Funding of freshwater hearings panel and related activities

1. The relevant regional council is responsible for all costs incurred by a freshwater hearings panel and for the activities related to the performance or exercise of the panel’s functions and powers under this Part.

2. Subclause (1) applies from the date that members are appointed to the freshwater hearings panel.

3. Without limiting subclause (1), the relevant regional council is responsible for—

4. the remuneration and expenses of the members of the freshwater hearings panel; and
5. the administrative costs of each hearing session, including venue hire and public notices; and
6. the remuneration of any expert, mediator or other dispute resolution facilitator, or other person whose services are engaged by the panel under this Part; and
7. the allowances payable to any witness called by the panel; and
8. the costs of any special advisor or friend of submitter appointed by the panel; and
9. providing administrative and secretarial support services to the panel as required.

10. For the purposes of subclause (1), each member of the freshwater hearings panel, other than members of a regional council, must be paid—

11. remuneration by way of salary, fees, or allowances at a rate determined by the Minister; and
12. actual and reasonable travelling and other expenses incurred in carrying out his or her office in accordance with the Fees and Travelling Allowances Act 1951, and that Act applies as if the members were members of a statutory Board within the meaning of that Act.

13. Members of a regional council who are appointed to a freshwater hearings panel must be paid at a rate determined by the relevant council.

64Continued existence of freshwater hearings panel

1. A freshwater hearings panel exists until it has completed the performance and exercise of its functions and powers under this Part in relation to the hearing of submissions, including any related appeals that are filed in any court.

65Minister may appoint freshwater commissioners

1. The Minister may appoint freshwater commissioners.

2. The Minister must appoint freshwater commissioners who—

3. are accredited under section 39A; and
4. collectively have knowledge of and expertise in relation to—
   1. judicial processes and cross-examination; and
   2. freshwater quality, quantity, and ecology; and
   3. this Act; and
   4. tikanga Māori and mātauranga Māori.

5. The Minister must appoint as Chief Freshwater Commissioner a freshwater commissioner who is an Environment Court Judge or retired Environment Court Judge.

66How freshwater commissioners appointed

1. The Minister must give a person appointed as a freshwater commissioner a written notice of appointment.

2. The notice of appointment must—

3. state the date on which the appointment takes effect; and
4. state the term of the appointment; and
5. specify that the costs of the freshwater commissioner—
   1. that are for purposes specific to a freshwater hearings panel will be met by the relevant regional council; and
   2. that are for other purposes directed by the Chief Freshwater Commissioner will be met by the Crown.

67When freshwater commissioner’s appointment ceases

1. A person appointed as a freshwater commissioner will remain in that office until the earliest of the following:

2. the person’s term of appointment ends:
3. the person dies:
4. the person resigns by giving 20 working days’ written notice to the Minister.

5. The Minister may, at any time for just cause, by written notice, terminate the appointment of a freshwater commissioner.

6. The Minister may, at any time for just cause, remove a freshwater commissioner by written notice to that person (with a copy to the Chief Freshwater Commissioner).

7. The notice must state—

8. the date on which the removal takes effect, which must not be earlier than the date on which the notice is received by the freshwater commissioner; and
9. the reasons for the removal.

10. A freshwater commissioner is not entitled to any compensation or other payment or benefit relating to the person ceasing, for any reason, to hold office as a freshwater commissioner or the Chief Freshwater Commissioner.

11. In subclause (2), just cause includes misconduct, inability to perform the functions of office, neglect of duty, and breach of the collective duties of the freshwater hearings panel or the individual duties of members of the panel.

68Liability of members of panel (Repealed)

69Functions of panel (Repealed)

70Powers of panel (Repealed)

71Procedures of panel (Repealed)

72Reports (Repealed)

73Conference of experts (Repealed)

74Information provided to review panel (Repealed)

75Contents of application for directions

1. An application to a Minister for a direction under section 80C to use the streamlined planning process must—

2. be in writing; and
3. set out the following matters:
   1. a description of the planning issue (including any requirement, designation, or heritage order) for which a planning instrument is required, with an explanation as to how the proposal meets any of the criteria set out in section 80C(2); and
   2. an explanation of why use of the streamlined planning process is appropriate as an alternative to using the process under Part 1 of this schedule; and
   3. a description of the process that the local authority wishes to use and the time frames that it proposes for the steps in that process, having regard to the relevant criteria under section 80C(2); and
   4. the persons that the local authority considers are likely to be affected by the proposed planning instrument; and
   5. a summary of any consultation undertaken on the proposed planning instrument by the local authority, or intended to be undertaken, including consultation with iwi authorities under clauses 1A to 3C; and
   6. the implications of using the process that the local authority wishes to use for any relevant iwi participation legislation or Mana Whakahono a Rohe entered into under subpart 2 of Part 5 of this Act.

76How responsible Minister considers request

1. The requirements of this clause apply to a local authority’s request to use the streamlined planning process.

2. The responsible Minister must have regard to—

3. the local authority’s written request; and
4. whether the local authority has, in the Minister’s opinion, provided sufficient information in support of its request; and
5. any relevant obligations set out in any iwi participation legislation or Mana Whakahono a Rohe; and
6. any other matters that the Minister considers relevant; and
7. the purpose of the streamlined planning process, as stated in section 80B(1).

8. The responsible Minister may require the local authority to provide any further information in support of its request that he or she may reasonably specify in writing.

9. In relation to the streamlined planning process that he or she is proposing to implement by way of a direction under clause 78, the responsible Minister must consult—

10. the local authority; and
11. any other relevant Ministers of the Crown; and
12. any person who has requested a private plan change that is accepted under clause 25(2)(b); and
13. any requiring authority that has consented under section 170 to include a requirement.

14. The responsible Minister may consult any other person about the content of the streamlined planning process that the Minister is proposing.

15. The responsible Minister must ensure that the streamlined planning process to be implemented by a direction given under clause 78 is not inconsistent with obligations under any relevant iwi participation legislation or Mana Whakahono a Rohe.

77Responsible Minister’s decision

1. The responsible Minister may decide a local authority’s application for a direction to enter the streamlined planning process by—

2. giving a direction under clause 78 that the local authority use the streamlined process set by the Minister in that direction; or
3. declining the local authority’s request.

4. The responsible Minister’s decision (and direction, if issued) must be—

5. given in writing with reasons; and
6. served by the Minister on the relevant local authority; and
7. served by the local authority,—
   1. in the case of a notice of requirement, designation, or heritage order, on the relevant requiring authority or heritage protection authority; and
   2. in the case of a private plan change, on the person who requested the change.

78Direction and its content

1. A direction applied for under section 80C is given under this clause.

2. In deciding the content of the direction, the responsible Minister must have regard to—

3. the purpose of the proposed streamlined planning process, the local authority’s request, and any supplementary information provided by the local authority; and
4. the views of persons and bodies consulted under clause 76(4) or (5).

5. The direction—

6. must provide for the matters set out in subclause (4); and
7. must include the Minister’s statement of expectations for the local authority; and
8. may include any matters provided for in subclause (5).

9. The streamlined planning process set out in the direction must, at a minimum, provide for—

10. consultation with affected parties on the proposed planning instrument, including with the responsible Minister and iwi authorities (if not already undertaken); and
11. public notification of the proposed planning instrument in accordance with clause 5 (other than clause 5(3)), or limited notification under clause 5A (other than clause 5A(6)); and
12. an opportunity for written submissions under clause 6 or 6A; and
13. a report showing how submissions have been considered and the changes (if any) made to the proposed planning instrument; and
14. the preparation of an evaluation report on the proposed planning instrument under section 32 or 32AA, as may be relevant; and
15. decision makers to give particular regard to the report prepared under paragraph (e); and
16. the time period within which the streamlined planning process must be completed.

17. The responsible Minister may also include in the streamlined planning process any other procedural requirements and time frames not provided for under subclause (4)(g) that the Minister considers appropriate, including—

18. any reporting requirements; and
19. any relevant planning process requirements set out in this schedule or elsewhere in this Act.

20. If a direction includes a requirement for a hearing, the restrictions of section 39(2)(c) and (d) (which relates to questioning and cross-examination in a hearing) do not apply.

21. A direction under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

79Form and status of directions under Legislation Act 2012 (Repealed)

80Amendment of direction

1. The responsible Minister may initiate an amendment of a direction.

2. A local authority may request in writing that the responsible Minister amend a direction that applies to that local authority, setting out the reasons for the request.

3. The responsible Minister may amend his or her direction as the Minister thinks appropriate.

4. Unless an amendment made under this clause has no more than a minor effect or is made to correct a technical error, clauses 76(2) to (6), 77(2), 78(3), and 79 apply.

81Time limits

1. A local authority may apply in writing to request that the responsible Minister approve an extension to any time frames that apply to the local authority under the Minister’s direction.

2. The Minister must consider and determine the application.

3. If a time limit is set in a direction,—

4. section 37 does not apply to permit a time period set in a direction to be extended; but
5. section 37 applies to permit a local authority to waive a failure of a person to comply with the time or method of serving a document, but not to waive a failure of the local authority to comply with the direction.

82Local authority must comply with direction

1. A local authority—

2. must comply with the terms of a direction given under clause 78 (other than in respect of the Minister’s statement of expectations included in the direction); but
3. must have regard to that statement.

4. The direction applies as from time to time amended in accordance with clause 80 and subject to any extension of time allowed under clause 81.

83Local authority must submit proposed planning instrument to responsible Minister

1. A local authority that is subject to a direction under clause 78 must submit to the responsible Minister, within the time required by the direction,—

2. the proposed planning instrument, including any recommendations it contains in respect of requirements, designations, or heritage orders; and
3. a summary report of the written submissions; and
4. a report showing how submissions have been considered and any modifications made to the proposed planning instrument in light of the submissions; and
5. the evaluation reports required by sections 32 and 32AA; and
6. a summary document showing how the local authority has had regard to the statement of expectations; and
7. a summary document showing how the proposed planning instrument complies with the requirements of—
   1. any relevant national direction; and
   2. this Act or regulations made under it; and
8. any other information and documentation that is specified in the direction.

9. However, the territorial authority must consult the relevant requiring authority or heritage protection authority on the recommendations before it submits to the Minister information required by subclause (1)(a) that relates to a requirement, designation, or heritage order.

10. See also section 99 of the Urban Development Act 2020 (which requires notice of plan changes, at least 20 working days before submitting, to Kāinga Ora–Homes and Communities, in certain circumstances).

11. The local authority may provide any further information in addition to the requirements of subclause (1).

84Responsible Minister to consider proposed planning instrument

1. The responsible Minister may—

2. refer the proposed planning instrument submitted under clause 83(1)(a) back to the local authority—
   1. with his or her approval; or
   2. for further consideration, with or without specific recommendations for changes to the proposed planning instrument; or
3. decline to approve the proposed planning instrument.

4. In deciding which action to take under subclause (1), the responsible Minister must have regard to—

5. whether the local authority has complied with the procedural requirements, including time frames, required by the direction; and
6. whether, and if so, how the local authority—
   1. has had regard to the statement of expectations; and
   2. has met the requirements of this Act, regulations made under it, and any relevant national direction.

7. In making his or her decision on a proposed planning instrument, the responsible Minister may have regard to—

8. the purpose of the streamlined planning process; and
9. any other matter relevant to the Minister’s decision.

10. The responsible Minister’s decision on a proposed planning instrument must be in writing with reasons and be served on the local authority.

85Proposed planning instrument approved or declined

1. This clause applies if the responsible Minister approves or declines, under clause 84(1)(a)(i) or (b), a local authority’s proposed planning instrument that includes a requirement, designation, or heritage order.

2. If the responsible Minister approves the proposed planning instrument under clause 84(1)(a)(i), any recommendation of the territorial authority included in the instrument on a requirement, designation, or heritage order becomes an approved recommendation.

3. If the responsible Minister declines to approve the proposed planning instrument under clause 84(1)(b), any recommendation of the territorial authority approved by the Minister on a requirement, designation, or heritage order, must be treated,—

4. in the case of a requirement, as a recommendation to withdraw the requirement:
5. in the case of an existing designation or heritage order, as a recommendation to confirm the designation or heritage order without change.

6. The local authority must serve the approved recommendations on the relevant requiring authority or heritage protection authority, and clauses 9, 11(2) and (3), and 13 apply, as the case requires.

7. See clause 90 for notification requirements.

86Responsible Minister may refer proposed planning instrument back to local authority

1. This clause applies if the responsible Minister refers a local authority’s proposed planning instrument back to the local authority for further consideration under clause 84(1)(a)(ii), with or without any recommended changes.

2. The responsible Minister may extend any time frame in the relevant direction as may be required for the purposes of this clause to ensure that the local authority can comply with the direction.

3. The local authority must—

4. reconsider the proposed planning instrument in light of the responsible Minister’s stated reasons and any recommended changes; and
5. make any changes that the local authority considers appropriate; and
6. consult the requiring authority or heritage protection authority if the local authority has reconsidered a recommendation relating to the inclusion of a requirement, designation, or heritage order in the proposed planning instrument; and
7. resubmit the revised proposed planning instrument to the responsible Minister.

8. The responsible Minister may reconsider the local authority’s revised proposed planning instrument and approve it once he or she is satisfied that it meets the requirements for approval in clause 84.

87Decision to decline to approve proposed planning instrument

1. If the responsible Minister declines to approve a local authority’s proposed planning instrument under clause 84(1)(b), the local authority must notify the Minister’s decision under clause 90, giving the Minister’s reasons for the decision.

2. The local authority must not proceed further with the proposed planning instrument under this subpart.

3. However, this clause does not apply to recommendations on any provisions of the instrument that relate to a requirement, designation, or heritage order (see clause 85).

88Power to withdraw

1. If a local authority that is subject to a direction under clause 78 has initiated the preparation of a policy statement or plan, the local authority may withdraw the proposed planning instrument set out in the direction at any time before the responsible Minister’s decision is made under clause 84.

2. A person who has requested a private plan change may withdraw the request at any time before the Minister makes a decision under clause 84.

3. The local authority must give public notice of a withdrawal under subclause (1) or (2), including the reasons for the withdrawal.

4. The direction given under clause 78 ceases to have effect and is revoked when the withdrawal under subclause (1) or (2) is publicly notified.

89Responsible Minister may revoke direction

1. If the responsible Minister wishes to revoke, in whole or in part, a direction given under clause 78, the Minister—

2. must consult the relevant local authority about the proposal to revoke the direction; and
3. must give public notice, with adequate time and opportunity for the public to comment on the proposal; and
4. must give notice of the revocation in the Gazette; but
5. may otherwise make the revocation without further consultation.

6. If a direction is revoked, the proposed planning instrument is withdrawn.

7. The relevant local authority must give public notice if the proposed planning instrument is withdrawn.

90Notification of responsible Minister’s decision

1. This clause applies when the responsible Minister has made a decision on a proposed planning instrument under clause 84(1)(a)(i) or (b).

2. The local authority concerned must give public notice of the responsible Minister’s decision on the proposed planning instrument as follows:

3. if the Minister approves the instrument,—
   1. the Minister’s decision must be publicly notified; and
   2. the planning instrument becomes operative in accordance with clause 20 and the provisions of that clause apply:
4. if the Minister does not approve the proposed planning instrument, the Minister must—
   1. give public notice of the decision; and
   2. state in that notice that the proposed planning instrument has no further effect.

5. Not later than 5 working days after the Minister’s decision is publicly notified, the local authority must serve the public notice on—

6. all submitters; and
7. if relevant, the person who requested a private plan change to be included in the planning instrument; and
8. if relevant, the requiring authority or heritage protection authority whose requirement, designation, or heritage order is included in the planning instrument; and
9. in the case of a territorial authority’s own requirement, designation, or heritage order, the landowners and occupiers who, in the opinion of the territorial authority, are directly affected by the decision.

10. The local authority must also—

11. make a copy of the public notice and the reports prepared under clause 83(1) publicly available (whether physically or by electronic means) at all of its offices, and all public libraries in the district (if it relates to a district plan) or region (in all other cases); and
12. include with the notice a statement of the places where a copy of the decision is available; and
13. send or provide, on request, a copy of the decision within 3 working days after the request is received.

91Scope of appeal rights

1. There is no right of appeal under this Act against any decision or action of the responsible Minister, a local authority, or any other person under this Part, except as provided under clauses 92 and 93.

2. Parts 11 and 11A of this Act apply to appeals under clauses 92 and 93.

92Appeals in relation to requirements, designations, and heritage orders

1. An appeal may be made to the Environment Court against any aspect of a decision of a requiring authority or heritage protection authority that rejects the recommendation referred to in clause 85(2) or (3), but only in relation to those aspects of the recommendation that have been rejected.

2. An appeal under this clause may be made by—

3. the territorial authority with responsibility for the relevant planning instrument:
4. any person who made a submission on the designation or heritage order that referred to the matter under appeal.

93Appeals on questions of law in relation to requirements, designations, and heritage orders

1. An appeal may be made to the High Court against any aspect of a decision of a requiring authority or heritage protection authority that accepts the recommendation referred to in clause 85(2) or (3) on a designation or heritage order.

2. An appeal may be made by—

3. the territorial authority with responsibility for the relevant planning instrument:
4. any person who made a submission on the requirement, designation, or heritage order that referred to the matter under appeal.

5. An appeal under this clause is an appeal on a question of law only.

94Procedural matters

1. A notice of appeal under clause 92 or 93 must—

2. be lodged in accordance with subclause (2) in the appropriate registry of the Environment Court or the High Court, as the case requires, in the prescribed form (if any); and
3. be served,—
   1. on the territorial authority with responsibility for the relevant planning instrument at the same time as the appeal is lodged:
   2. if the planning instrument includes a designation or heritage order, on the relevant requiring authority or heritage protection authority at the same time as the appeal is lodged:
   3. on any person who made a submission on the requirement, designation, or heritage order that referred to the matter under appeal not later than 5 working days after the appeal is lodged.

4. A notice of appeal must be lodged, as the case requires, not later than 30 working days—

5. after the decision of the local authority is given under clause 11(2); or
6. after the decision of the requiring authority or heritage protection authority is served under clause 13(4).

95How specified territorial authority notifies intensification planning instrument

1. A specified territorial authority must prepare, notify, and progress an IPI by following the relevant processes described in subclause (2).

2. The following clauses of Part 1 of this schedule apply to the extent that they are relevant to a specified territorial authority:

3. clause 1A (which requires a proposed policy statement or plan to be prepared in accordance with any applicable Mana Whakahono a Rohe):
4. clause 1B (which relates to iwi participation legislation):
5. clause 2(1) (which requires a local authority to prepare a proposed policy statement or plan):
6. clause 3(1), (2), and (4) (which relates to consultation requirements):
7. clause 3B (which relates to consultation with iwi authorities):
8. clause 3C (which relates to previous consultation under other enactments):
9. clause 4A (which requires a local authority to fulfil certain pre-notification requirements concerning iwi authorities):
10. clause 5(1)(a) and (b)(i), (1A), (1B), (2), and (3) to (6) (which requires a local authority to publicly notify a proposed policy statement or plan that it has decided to proceed with):
11. clause 6 (which relates to who may make submissions on a publicly notified proposed policy statement or plan):
12. clause 7(1) and (2) (which requires a local authority to give public notice of certain matters relating to submissions):
13. clause 8(1) and (2) (which enables certain persons to make further submissions):
14. clause 8A (which relates to serving copies of further submissions made under clause 8):
15. clause 8AA (which enables a local authority to arrange a meeting with a person who has made a submission on a proposed policy statement or plan for the purpose of clarifying or facilitating the resolution of any matter relating to the statement or plan):
16. clause 8B (which requires a local authority to hold a hearing into submissions on its proposed policy statement or plan):
17. clause 16(2) (which enables a local authority to correct minor errors in a proposed policy statement or plan):
18. clause 16A (which enables a local authority to initiate variations to a proposed policy statement or plan):
19. clause 17 (which relates to when a local authority may approve a proposed policy statement or plan).

20. In the clauses referred to in subclause (2),—

21. references to a local authority are to be read as references to a specified territorial authority; and
22. references to a proposed policy statement or plan are to be read as references to an IPI.

96Specified territorial authority must establish independent hearings panel and delegate necessary functions

1. A specified territorial authority must—

2. establish an independent hearings panel to—
   1. conduct a hearing of submissions on the IPI once it has been notified by the specified territorial authority; and
   2. make recommendations, after the hearing of submissions is concluded, to the specified territorial authority; and
3. appoint 1 member of the panel to be the chairperson of the panel.

4. Before establishing an independent hearings panel, the specified territorial authority must—

5. consult tāngata whenua through relevant iwi authorities on whether it is appropriate to appoint a member of the panel with an understanding of tikanga Māori and of the perspectives of local iwi or hapū; and
6. if tāngata whenua consider it appropriate, appoint at least 1 member of the panel with an understanding of tikanga Māori and the perspectives of local iwi or hapū, in consultation with relevant iwi authorities.

7. The specified territorial authority must delegate the necessary functions to the independent hearings panel.

8. In this clause, necessary functions—

9. means the functions, powers, or duties that the independent hearings panel requires to carry out its role under subclause (1)(a); and
10. includes the functions, powers, or duties that a local authority requires in order to hold a hearing under clause 8B; but
11. does not include—
    1. the approval of a proposed policy statement or plan under clause 17:
    2. this power of delegation.

97Specified territorial authority must submit intensification planning instrument documents to independent hearings panel

1. A specified territorial authority must, as soon as is reasonably practicable, submit the following documents and information, as relevant, to the independent hearings panel that it has established under clause 96(1)(a):

2. the IPI that was publicly notified:
3. any variation made to the IPI under clause 16A:
4. the specified territorial authority’s evaluation report prepared under section 32:
5. the submissions on the IPI received by the closing date for submissions:
6. the specified territorial authority’s summary of the decisions requested by submitters:
7. further submissions on the IPI received by the closing date for further submissions:
8. submissions received after the closing date for submissions or further submissions:
9. information about when the submissions described in paragraph (g) were received:
10. the planning documents that are recognised by an iwi authority and lodged with the specified territorial authority:
11. documentation relevant to any obligations arising under any relevant iwi participation legislation, joint management agreement, or Mana Whakahono a Rohe:
12. any other relevant information.

98Powers of independent hearings panel

1. To the extent applicable, an independent hearings panel has the same duties and powers as a local authority under the following provisions:

2. section 39 (which provides for how hearings are to be conducted), except section 39(2)(c) and (d):
3. section 39AA (which enables a hearing to be conducted using remote access facilities):
4. section 40 (which provides for the persons who may be heard at a hearing):
5. section 41 (which provides for the application of certain provisions of the Commissions of Inquiry Act 1908):
6. section 41A (which relates to the control of hearings):
7. section 41B (which provides for the giving of directions as to the time for providing evidence in relation to a hearing):
8. section 41C (which sets out the directions and requests that may be given before or at a hearing), except section 41C(4):
9. section 41D (which provides for submissions to be struck out before or at a hearing):
10. section 42 (which provides for the protection of sensitive information).

11. If an independent hearings panel exercises a power under section 41D,—

12. a person whose submission is struck out has a right of objection under section 357(2) as if the references in that subsection to an authority were references to an independent hearings panel; and
13. sections 357C, 357D, and 358 apply to the independent hearings panel as the body to which an objection is made under section 357(2).

14. An independent hearings panel may decide to accept or reject any late submission.

15. At a hearing, an independent hearings panel may—

16. permit a party to question another party or a witness:
17. prohibit cross-examination:
18. permit cross-examination at the request of a party, but only if the panel is satisfied that it is in the interests of justice:
19. regulate the conduct of any cross-examination.

99Independent hearings panel must make recommendations to territorial authority on intensification planning instrument

1. An independent hearings panel must make recommendations to a specified territorial authority on the IPI.

2. The recommendations made by the independent hearings panel—

3. must be related to a matter identified by the panel or any other person during the hearing; but
4. are not limited to being within the scope of submissions made on the IPI.

5. An independent hearings panel, in formulating its recommendations, must be satisfied that, if the specified territorial authority were to accept the panel’s recommendations, sections 85A and 85B(2) (which relate to the protection of protected customary rights) would be complied with.

100How independent hearings panel must provide recommendations

1. The independent hearings panel must provide its recommendations to a specified territorial authority in 1 or more written reports.

2. Each report must—

3. set out the panel’s recommendations on the provisions of the IPI covered by the report; and
4. identify any recommendations that are outside the scope of the submissions made in respect of those provisions; and
5. set out the panel’s recommendations on the matters raised in submissions made in respect of the provisions covered by the report; and
6. state the panel’s reasons for accepting or rejecting submissions; and
7. include a further evaluation of the IPI undertaken in accordance with section 32AA (requirements for undertaking and publishing further evaluations).

8. Each report may also include—

9. matters relating to any alterations necessary to the IPI as a consequence of matters raised in submissions; and
10. any other matter that the panel considers relevant to the IPI that arises from submissions or otherwise.

11. In stating the panel’s reasons for accepting or rejecting submissions in accordance with subclause (2)(d), each report may address the submissions by grouping them according to—

12. the provisions of the IPI to which they relate; or
13. the matters to which they relate.

14. To avoid doubt, a panel is not required to make recommendations in a report that deal with each submission individually.

101Specified territorial authority to consider recommendations

1. The specified territorial authority—

2. must decide whether to accept or reject each recommendation of the independent hearings panel; and
3. may provide an alternative recommendation for any recommendation that the authority rejects.

4. The specified territorial authority must refer to the Minister—

5. each rejected recommendation, together with the authority’s reasons for rejecting the recommendation; and
6. any alternative recommendation that the authority has provided under subclause (1)(b).

7. The specified territorial authority must make decisions under subclause (1) in a manner that is consistent with any relevant iwi participation legislation, Mana Whakahono a Rohe, or joint management agreement.

8. When making decisions under subclause (1), the specified territorial authority—

9. is not, subject to subclause (2), required to consult any person or consider submissions or other evidence from any person; and
10. must not consider any submission or other evidence unless it was made available to the independent hearings panel before the panel made the recommendation that is the subject of the specified territorial authority’s decision; and
11. may seek clarification from the independent hearings panel on a recommendation in order to assist the specified territorial authority to make a decision under subclause (1).

12. To avoid doubt, the specified territorial authority may accept recommendations of the independent hearings panel that are beyond the scope of the submissions made on the IPI.

102Notification of specified territorial authority’s decisions

1. The specified territorial authority must publicly notify its decisions made under clause 101(1) in a way that sets out the following information:

2. each recommendation of the independent hearings panel that it accepts; and
3. each recommendation of the independent hearings panel that it rejects and the reasons for doing so; and
4. any alternative recommendation that it has provided for a rejected recommendation.

5. Subclause (3) applies if the specified territorial authority decides that it wishes to accept a recommendation but alter the recommendation in a way that has a minor effect or to correct a minor error.

6. The territorial authority may notify the recommendation as accepted, but only if, when complying with subclause (1)(a), it sets out the alterations to the recommendation.

7. A recommendation to which subclause (2) applies must, for all purposes, be treated as a recommendation of the independent hearings panel accepted by the territorial authority.

8. Not later than 5 working days after the specified territorial authority’s decisions under subclause (1) are publicly notified, the authority must serve the public notice on every person who made a submission on the IPI.

9. The specified territorial authority must also—

10. make a copy of the public notice and the decisions under clause 101(1) publicly available—
    1. on an Internet site maintained by or on behalf of the territorial authority; and
    2. in physical form at all of the territorial authority’s offices and all public libraries in its district; and
11. include with the notice a statement of the places where a copy of the decision is available; and
12. send or provide, on request, a copy of the decision within 3 working days after the request is received.

103What happens if specified territorial authority accepts all recommendations of independent hearings panel

1. This clause applies if the specified territorial authority decides to accept all the recommendations of the independent hearings panel.

2. On the notification under clause 102(1) of the specified territorial authority’s decisions,—

3. all the recommendations of the independent hearings panel are incorporated into the district plan that has been subject to the ISPP; and
4. the plan (as altered by those recommendations)—
   1. is deemed to have been approved by the territorial authority under clause 17(1); and
   2. becomes operative in accordance with clause 20.

104What happens if specified territorial authority accepts some, or none, of recommendations of independent hearings panel

1. Clause 105 applies if the specified territorial authority—

2. decides to accept some, or none, of the recommendations of the independent hearings panel; and
3. refers, under clause 101(2), 1 or more recommendations to the Minister.

4. On the notification under clause 102(1) of the specified territorial authority’s decisions,—

5. all the recommendations of the independent hearings panel that were accepted by the specified territorial authority are incorporated into the district plan that has been subject to the ISPP; and
6. the affected parts of the plan (as altered by those recommendations)—
   1. are deemed to have been approved by the territorial authority under clause 17(1); and
   2. become operative in accordance with clause 20.

105Minister must decide on rejected and alternative recommendations

1. The Minister must decide—

2. to accept or reject any or all of the recommendations referred to the Minister under clause 101(2)(a); and
3. for any recommendation that the Minister rejects, whether to accept an alternative recommendation referred to the Minister under clause 101(2)(b).

4. In making a decision under subclause (1), the Minister—

5. may take into account only those considerations that the independent hearings panel could have taken into account when making its recommendation; but
6. may have regard to—
   1. whether the specified territorial authority has complied with the procedural requirements, including time frames, required by the direction made under section 80L; and
   2. whether and, if so, how the independent hearings panel has had regard to that direction; and
   3. whether and, if so, how the specified territorial authority and the independent hearings panel have had regard to the statement of expectations (if any) included in that direction.

7. Once the Minister has made decisions under subclause (1), the Minister must, as soon as practicable, notify the specified territorial authority in writing of those decisions and the Minister’s reasons for making them.

8. Subclause (5) applies if the Minister decides that they wish to accept a recommendation but alter the recommendation in a way that has a minor effect or to correct a minor error.

9. The Minister may notify the recommendation to the specified territorial authority as accepted, but only if, when complying with subclause (3), the Minister sets out the alterations to the recommendation.

10. A recommendation to which subclause (4) applies must, for all purposes, be treated as an accepted recommendation.

11. On the notification under clause 106(1) of the Minister’s decisions,—

12. the recommendations of the independent hearings panel referred to the Minister under clause 101(2) (as accepted or altered by the Minister’s decisions) are incorporated into the district plan that has been subject to the ISPP; and
13. the plan (as altered by those recommendations)—
    1. is deemed to have been approved by the territorial authority under clause 17(1); and
    2. becomes operative in accordance with clause 20.

106Notification of Minister’s decisions

1. Once the Minister has notified a specified territorial authority under clause 105(3) of decisions made under clause 105(1), the specified territorial authority must publicly notify those decisions.

2. The specified territorial authority must publicly notify the Minister’s decisions made under clause 105(1) in a way that sets out the following information:

3. each recommendation referred to the Minister under clause 101(2)(a) that the Minister accepts; and
4. each recommendation referred to the Minister under clause 101(2)(a) that the Minister rejects and the reasons for doing so; and
5. any alternative recommendation referred to the Minister under clause 101(2)(b) that the Minister has accepted for a rejected recommendation.

6. Subclause (4) applies if the Minister has, in accordance with clause 105(4), accepted a recommendation but altered it.

7. The specified territorial authority must, when complying with subclause (2),—

8. notify the recommendation as accepted; and
9. set out the alterations to the recommendation.

10. Not later than 5 working days after the Minister’s decisions under clause 105(1) are publicly notified, the specified territorial authority must serve the public notice on every person who made a submission on the IPI.

11. The specified territorial authority must also—

12. make a copy of the public notice and the decisions under clause 105(1) publicly available—
    1. on an Internet site maintained by or on behalf of the territorial authority; and
    2. in physical form at all of the territorial authority’s offices and all public libraries in its district; and
13. include with the notice a statement of the places where a copy of the decisions are available; and
14. send or provide, on request, a copy of the decisions within 3 working days after the request is received.

107Scope of appeal rights

1. There is no right of appeal under this Act against any decision or action of the Minister, a specified territorial authority, or any other person under this Part.

108Judicial review

1. Nothing in this Part limits or affects any right of judicial review a person may have in respect of any matter to which this Part applies.