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Resource Management Act 1991

Standards, policy statements, and plans - Freshwater planning process

80A: Freshwater planning process

You could also call this:

“Rules for creating and managing regional plans about freshwater”

This part of the law talks about how regional councils in New Zealand must plan for freshwater. You need to know that:

The freshwater planning process is for all freshwater planning instruments made by regional councils. A freshwater planning instrument is a part of a plan or policy that deals with freshwater management.

Regional councils have to follow specific steps when making these plans:

They must tell the public about the plan. If the plan is about the National Policy Statement for Freshwater Management 2020, they need to do this by 31 December 2027.

Within 6 months of telling the public, they must send important documents to the Chief Freshwater Commissioner.

At least 20 working days before sending these documents, they must tell the Commissioner they’re going to do so and suggest people for the freshwater hearings panel.

After this, a freshwater hearings panel will listen to what people think about the plan. The panel will then suggest changes to the regional council.

The council can agree or disagree with these suggestions, but if they disagree, they must explain why.

People who shared their thoughts on the plan can appeal if they don’t like the council’s decision.

Regional councils must use this process for plans that relate to the national policy on freshwater management. They can choose to use it for other water-related plans too.

This process doesn’t stop the Minister from getting involved if they think it’s a nationally important issue.

These rules don’t apply to coastal plans, and the usual time extension rules don’t apply to this process.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7236557.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Government and voting > Local councils
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80: Combined regional and district documents, or

“Local councils can join forces to create official documents that guide how land and resources are used in their areas.”

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80B: Purpose, scope, application of Schedule 1, and definitions, or

“This explains the rules for making changes to plans and policies quickly and easily, depending on how big and important the changes are.”

Part 5 Standards, policy statements, and plans
Freshwater planning process

80AFreshwater planning process

  1. The purpose of this subpart is to require all freshwater planning instruments prepared by a regional council to undergo the freshwater planning process.

  2. A freshwater planning instrument means—

  3. any part of a proposed regional plan or regional policy statement that relates to objectives that give effect to the national policy statement for freshwater management:
    1. any provisions of a proposed regional plan or regional policy statement in relation to which the regional council has decided to use the freshwater planning process under subsection (6B)(b):
      1. any regional policy statement (including any change or variation to the statement) in relation to which the council has decided to use the freshwater planning process under subsection (6B)(c):
        1. any change or variation to a proposed regional plan or regional policy statement if the change or variation—
          1. relates to objectives that give effect to the national policy statement for freshwater management; or
            1. relates to a provision described in paragraph (b).

            2. A regional council must prepare a freshwater planning instrument in accordance with this subpart and Part 4 of Schedule 1.

            3. A regional council must—

            4. publicly notify the freshwater planning instrument; and
              1. if the purpose of the freshwater planning instrument is to give effect to the National Policy Statement for Freshwater Management 2020, publicly notify the freshwater planning instrument by 31 December 2027; and
                1. no later than 6 months after it has publicly notified the freshwater planning instrument, submit the documents required by clause 37(1) of Schedule 1 (the required documents) to the Chief Freshwater Commissioner; and
                  1. at least 20 working days before submitting the required documents, provide to the Chief Freshwater Commissioner in writing—
                    1. its notice of intention to submit those documents; and
                      1. the regional council and local tangata whenua nominations for appointment to the freshwater hearings panel required by clause 59(1)(b) and (c) of Schedule 1.

                      2. The following is an outline of the rest of the freshwater planning process set out in Part 4 of Schedule 1:

                      3. the Chief Freshwater Commissioner must convene a freshwater hearings panel to conduct the public hearing of submissions on the freshwater planning instrument:
                        1. the freshwater hearings panel must conduct the public hearing of submissions in accordance with its powers and the procedures set out in Part 4 of Schedule 1:
                          1. after the public hearing of submissions is concluded, the freshwater hearings panel must make recommendations to the regional council on the freshwater planning instrument:
                            1. the regional council may accept or reject any recommendation. However,—
                              1. the regional council must provide reasons for rejecting a recommendation; and
                                1. a person who made a submission on the freshwater planning instrument may make an appeal in accordance with subpart 2 of Part 4 of Schedule 1.

                                2. For the purpose of this subpart the following provisions of Schedule 1 apply:

                                3. clauses 1(3), 1A, 1B, 2(1), 3 to 3C, 4A, 5, 6, 7(1) and (2), 8, 8A, and 8D; and
                                  1. clauses 16, 16A, 16B, 17, 20, and 20A; and
                                    1. if a request is made by a person under clause 21(1) in relation to a freshwater planning instrument, Part 2 of Schedule 1 applies to the request.

                                      1. A proposed regional plan or regional policy statement (or any part of it) relates to freshwater if—

                                      2. it relates (in whole or in part) to an objective of the regional plan or regional policy statement; and
                                        1. the objective relates to the performance of a function in section 30(1)(c), (e), (f), (fa), (g), or (ga).

                                          1. A regional council—

                                          2. must use the freshwater planning process when preparing any part of a regional plan or regional policy statement that relates to objectives that give effect to the national policy statement for freshwater management; and
                                            1. may use the freshwater planning process when preparing other provisions of a regional plan or regional policy statement that relate to freshwater; and
                                              1. may use the freshwater planning process when preparing a regional policy statement or change or variation to the statement if the council is satisfied that doing so is necessary to achieve integrated management of the natural and physical resources of the whole region.

                                                1. This section does not affect the Minister’s ability to call in a matter that the Minister considers is or is part of a proposal of national significance under section 142.

                                                2. In subsection (2), a proposed regional plan does not include a proposed regional coastal plan or a change or variation to that plan.

                                                3. Section 37(1)(a) does not apply to any time period specified in this subpart or Part 4 of Schedule 1.

                                                4. In subsection (4), publicly notify, in relation to a freshwater planning instrument, means to publicly notify the instrument in accordance with clause 5 of Schedule 1.

                                                5. Subsection (5) is by way of explanation only and does not limit or affect the other provisions of this Act.

                                                Notes
                                                • Section 80A: replaced, on , by section 22 of the Resource Management Amendment Act 2020 (2020 No 30).
                                                • Section 80A(2)(a): replaced, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                • Section 80A(2)(b): replaced, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                • Section 80A(2)(c): replaced, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                • Section 80A(2)(d): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                • Section 80A(3): replaced, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                • Section 80A(4)(b): amended, on , by section 6 of the Resource Management (Natural and Built Environment and Spatial Planning Repeal and Interim Fast-track Consenting) Act 2023 (2023 No 68).
                                                • Section 80A(6A): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).
                                                • Section 80A(6B): inserted, on , by section 805(4) of the Natural and Built Environment Act 2023 (2023 No 46).