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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:

“How councils make plans to manage freshwater in New Zealand”

When a regional council makes a plan to manage freshwater, it must follow a special process. You need to know that this process is set out in the Resource Management Act 1991. The council must prepare the plan in accordance with this process and Part 4 of Schedule 1.

The regional council must tell the public about the plan and give them a chance to have a say. If the plan is about giving effect to the National Policy Statement for Freshwater Management 2020, the council must tell the public by 31 December 2027. The council must also send the plan to the Chief Freshwater Commissioner, along with other required documents, within six months of telling the public.

A panel will be set up to hear what the public has to say about the plan. The panel will make recommendations to the council, and the council can accept or reject these recommendations. If you made a submission on the plan, you can appeal if you are not happy with the council’s decision.

The council must follow certain rules when making the plan, which are set out in Schedule 1. These rules include how to notify the public and how to consider submissions. The Minister can still call in a matter if they think it is of national significance, as set out in section 142.

The regional council can decide to use this process for other plans that relate to freshwater. They can also use it for regional policy statements if they think it is necessary to manage the region’s resources properly. You can find more information about this process in Part 4 of Schedule 1.

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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

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

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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 comply with subsection (4A); 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. If the purpose of the freshwater planning instrument is to give effect to the National Policy Statement for Freshwater Management 2020, a regional council must not publicly notify the freshwater planning instrument earlier than the sooner of the following dates:

                      3. the date on which a new national policy statement for freshwater management (replacing the National Policy Statement for Freshwater Management 2020) is published under section 54:
                        1. 31 December 2025.

                          1. However, see clause 42 of Schedule 12, which allows for an exemption from subsection (4A).

                          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 21(1) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                                                    • 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(4A): inserted, on , by section 21(2) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                                                    • Section 80A(4B): inserted, on , by section 21(2) of the Resource Management (Freshwater and Other Matters) Amendment Act 2024 (2024 No 43).
                                                    • 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).