80CApplication to responsible Minister for direction relating to planning instrument

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 listed planning instrument or 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:
4. as a matter of public policy, the preparation of a planning instrument is urgent:
5. the proposed planning instrument is required to meet a significant community need:
6. a plan or policy statement raises an issue that has resulted in unintended consequences:
7. the proposed planning instrument will combine several policy statements or plans to develop a combined document prepared under section 80:
8. the proposed planning instrument will remove or enable the removal of heritage protection (other than that provided by a heritage order) from buildings or structures that are listed in a heritage list in a plan:
9. the expeditious preparation of a planning instrument is required in any circumstance comparable to, or relevant to, those set out in paragraphs (a) to (ea).

10. 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.

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

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

15. In this section and clause 78(3B) of Schedule 1,—

    building has the meaning given in section 6 of the Heritage New Zealand Pouhere Taonga Act 2014

    heritage list means a schedule or other part of a plan that lists any buildings or structures that are subject to heritage protection under the plan.