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Resource Management Act 1991

Standards, policy statements, and plans - Streamlined planning process

80C: Application to responsible Minister for direction

You could also call this:

“Asking the person in charge if you can use a quicker way to make new rules for your area”

If you’re part of a local authority and you think it’s a good idea to use a faster way to make a planning document, you can ask the responsible Minister for permission. You need to write to the Minister and explain why you want to use this quicker process.

You can only ask for this faster process if the planning document isn’t about freshwater and if it meets at least one of these reasons:

The document will put a national direction into action. It’s really important to make the document quickly. The document is needed to help the community in a big way. There’s a problem with an existing plan that needs fixing. You want to combine several documents into one. There’s another good reason that’s similar to these.

If someone has asked for a private plan change, you need to get their okay before asking the Minister for the faster process.

You have to ask the Minister for permission before you tell everyone about your proposed planning document or about a request for a private plan change.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7236574.

Topics:
Environment and resources > Town planning
Government and voting > Local councils
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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.”

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80D: What this subpart and Part 6 of Schedule 1 do, or

“This part explains how certain councils can quickly make new rules for housing and building.”

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

80CApplication to responsible Minister for direction

  1. If a local authority determines that, in the circumstances, it would be appropriate to use the streamlined planning process to prepare a planning instrument, it may apply in writing to the responsible Minister in accordance with clause 75 of Schedule 1 for a direction to proceed under this subpart.

  2. However, a local authority may apply for a direction only if the planning instrument or proposed planning instrument is not a freshwater planning instrument and the local authority is satisfied that the application satisfies at least 1 of the following criteria:

  3. the proposed planning instrument will implement a national direction:
    1. as a matter of public policy, the preparation of a planning instrument is urgent:
      1. the proposed planning instrument is required to meet a significant community need:
        1. a plan or policy statement raises an issue that has resulted in unintended consequences:
          1. the proposed planning instrument will combine several policy statements or plans to develop a combined document prepared under section 80:
            1. the expeditious preparation of a planning instrument is required in any circumstance comparable to, or relevant to, those set out in paragraphs (a) to (e).

              1. In relation to a private plan change accepted under clause 25(2)(b) of Schedule 1, a local authority must obtain the agreement of the person requesting the change before the local authority applies for a direction under this section.

              2. If an application is made under this section, it must be submitted to the responsible Minister before the local authority gives notice—

              3. under clause 5 or 5A of Schedule 1, in relation to a proposed planning instrument; or
                  1. under clauses 25(2)(a)(i) and 26(b) of Schedule 1, in relation to a request for a private plan change.

                    Notes
                    • Section 80C: inserted, on , by section 66 of the Resource Legislation Amendment Act 2017 (2017 No 15).
                    • Section 80C(2): amended, on , by section 23(1) of the Resource Management Amendment Act 2020 (2020 No 30).
                    • Section 80C(4)(b): repealed, on , by section 23(2) of the Resource Management Amendment Act 2020 (2020 No 30).