This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Planning Bill

Hearings to be held in public and protection of sensitive information

Schedule 3: Further provisions relating to plans

You could also call this:

"Extra rules for making and changing plans"

The Planning Bill has a schedule that outlines further provisions for plans. You will be affected by these provisions if you are involved in preparing or changing a plan. A local authority must prepare and change its plan in accordance with any applicable iwi participation legislation or agreement. They must also consider any existing or initiated Mana Whakahono ā Rohe. Before notifying a proposed plan for submissions, the local authority must consult with certain entities, including the Minister, other Ministers, nearby local authorities, and tangata whenua. You can make a submission on a proposed plan, and the local authority must consider your submission. If you are not happy with the local authority's decision, you may be able to appeal to the Environment Court. The local authority can also initiate a variation to a proposed plan, and you may be able to appeal against the decision to initiate a variation. In some cases, a rule in a proposed plan can have immediate legal effect, and you must comply with that rule. If a specified rule in a plan has a significant impact on the reasonable use of land, the local authority must provide relief to affected landowners. You may be eligible for relief if you own land that is impacted by the rule. The local authority must implement the relief framework as soon as reasonably practicable after the plan is made operative. You can apply for a review of the local authority's decision if you are not happy with the relief you receive.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1035956.

This page was last updated on 12 December 2025 — View changes

Topics:

Environment and resources > Town planningHousing and property > Land use

Schedule 2: Spatial plans, or

"Plans to help manage and protect our environment and communities"

Schedule 4: Independent hearings panels, or

"People making decisions on plans for land use and the environment"

3Further provisions relating to plans Empowered by ss 77 and 92

1Preparing and changing plans

Preparing proposed plan

3Iwi participation legislation and Mana Whakahono ā Rohe

A local authority must prepare and change its plan in accordance with—
any applicable iwi participation legislation or agreement under that legislation; and
any existing or initiated Mana Whakahono ā Rohe.

4Preparing proposed plan

A local authority begins the preparation or change of a plan by preparing a proposed plan.

5Pre-notification consultation on proposed plan

Before notifying a proposed plan for submissions, a local authority must consult on the subject matter of the proposed plan with—
the Minister; and
any other Minister of the Crown whose portfolio may be affected by the proposed plan; and
any nearby local authority; and
tangata whenua of the district of the territorial authority or the region of the regional council (as applicable) who may be affected, through iwi authorities; and
any customary marine title group that holds customary marine title over a customary marine title area,—
1. in the case of a proposed land use plan, in the district of the territorial authority or any part of the common marine and coastal area adjacent to that district; or
2. in the case of a proposed natural environment plan, in the region of the regional council.

However, a local authority is not required to consult an entity described in subclause (1) in relation to a matter in the proposed plan if the local authority—
consulted the entity or their representative on that matter under another enactment within the 36 months before public notification of the proposed plan; and
advised the entity or their representative that information obtained from that consultation would also be used for processes under this Act (in the case of a proposed land use plan) or the Natural Environment Act 2025 (in the case of a proposed natural environment plan).

A local authority may consult anyone else before notifying a proposed plan for submissions.

6Pre-notification consultation with iwi authorities

For the purposes of clause 5(1)(d), a local authority is to be treated as having consulted an iwi authority whose details are in the record kept under section 188 of this Act or section 228 of the Natural Environment Act 2025 (as the case requires), if the local authority—
considers ways in which the local authority may foster the development of the iwi authority’s capacity to respond to an invitation for consultation; and
establishes and maintains processes to provide opportunities for the iwi authority to be consulted; and
consults the iwi authority; and
enables the iwi authority to identify relevant issues of concern to it; and
indicates to the iwi authority how those issues have been or are to be addressed.

7Including existing designations of other designating authorities in proposed land use plan

This clause applies if a territorial authority is preparing a proposed land use plan that is—
a new land use plan; or
a plan change in response to a review under section 99(1).

Before notifying the proposed land use plan for submissions, the territorial authority must send a written notice to every designating authority (other than itself) with an existing designation.
The written notice must—
invite the designating authority to state in writing whether it requires the existing designation be included, with or without modifications, in the proposed land use plan; and
state the deadline for responding (which must be no later than 30 working days after the date of the request).

If a designating authority responds that it requires an existing designation be included in the proposed land use plan with modifications, it must include in its response—
the modifications; and
its reasons for them.

If a designating authority responds by the deadline that it requires an existing designation be included in the proposed land use plan, the territorial authority must include that designation in the proposed land use plan with the modifications (if any) set out in the response.
If a designating authority responds by the deadline that it does not require an existing designation be included in the proposed land use plan, or does not respond by the deadline, the territorial authority must not include that designation in the proposed land use plan.

8Including proposed designations of other designating authorities in proposed land use plan

A territorial authority must include in its proposed land use plan any proposed designation to which clause 15(2) of Schedule 5 applies.

9Including proposed or existing designation of territorial authority in proposed land use plan

A territorial authority may include any of the following in a proposed land use plan:
a proposed designation for which it is the designating authority:
an existing designation (with or without modifications) for which it is the designating authority.

If a territorial authority includes a proposed designation in a proposed land use plan under subclause (1)(a), it must publish the information required by clause 13 of Schedule 5 for that proposed designation.
If a territorial authority includes an existing designation with modifications in a proposed land use plan under subclause (1)(b), it must publish the information required by clause 13 of Schedule 5, as if a reference in clause 13 of Schedule 5—
to a proposed designation were a reference to the existing designation with the modifications proposed; and
to the project were a reference to any change to the project as a result of modifications proposed.

The territorial authority must publish any information required by subclause (2) or (3) in the prescribed manner at the same time it notifies the proposed land use plan for submissions.

10Evaluation report

Before notifying a proposed plan for submissions, a local authority must—
prepare an evaluation report of a draft of the proposed plan in accordance with section 87 of this Act (for a proposed land use plan) or section 106 of the Natural Environment Act 2025 (for a proposed natural environment plan); and
have particular regard to that evaluation report when deciding whether to proceed to notify the proposed plan for submissions.

11Justification report

Before notifying for submissions a proposed land use plan that contains a bespoke plan provision or a provision on a specified topic, a territorial authority must—
prepare a justification report on those provisions in accordance with section 89; and
have particular regard to the justification report when deciding whether to proceed to notify the proposed land use plan with those provisions for submissions.

Before notifying for submissions a proposed natural environment plan that contains a bespoke plan provision, a provision on a specified topic, or a provision to which section 51(4) of the Natural Environment Act 2025 applies, a regional council must—
prepare a justification report on those provisions in accordance with section 89 of this Act (for a proposed land use plan) or section 108 of the Natural Environment Act 2025 (for a proposed natural environment plan); and
have particular regard to the justification report when deciding whether to proceed to notify the proposed plan with those provisions for submissions.

If the chief executive conducts an assessment under clause 12 and provides any feedback on the provisions covered by a justification report, the local authority must update the justification report to state how, if at all, that feedback has influenced its proposals for those provisions.

12Pre-notification requirement for rules in proposed natural environment plan that control fishing

Before notifying for submissions a proposed natural environment plan that contains a rule that controls fishing in any area (a proposed rule),—
the regional council must complete the assessment required under section 106(3) of the Natural Environment Act 2025 and give it to the relevant chief executive; and
the relevant chief executive must, within 40 working days, advise the regional council of their decision on whether they concur with the proposed rule.

The relevant chief executive must decide whether to concur with a proposed rule in the prescribed manner.
In this clause, relevant chief executive means the chief executive of the department that is responsible for administering the Fisheries Act 1996.

13Audit by chief executive

No later than 3 months before notifying for submissions a proposed plan that contains a bespoke plan provision or a provision on a specified topic, a local authority must provide the following documents to the chief executive:
a full draft of the proposed plan:
an evaluation report for a draft of the proposed plan:
a justification report for those provisions.

The chief executive may decide to carry out an audit of the draft proposed plan.
Any audit must be carried out in the prescribed manner and must be limited to assessing,—
for any proposed plan, the extent to which the draft proposed plan implements—
1. any applicable national policy direction; and
2. any applicable national standard; and
3. the goals, to the extent authorised by section 12(4); and
for proposed natural environment plan only, also how environmental limits have been set and applied.

A local authority that receives feedback must, before notifying the proposed plan for submissions,—
have regard to the feedback; and
update its justification report in accordance with clause 11(3).

14Local authority must provide draft proposed plan to iwi authorities and customary marine title groups

Before notifying a proposed plan for submissions, a local authority must—
provide a draft of the proposed plan to any iwi authority and customary marine title group consulted under clause 5(1)(d) and (e); and
have regard to any advice received from those iwi authorities and groups on the draft proposed plan.

The local authority must provide the draft sufficiently early to give those iwi authorities and groups adequate time and opportunity to consider the draft and provide advice on it.

Notifying proposed plan for submissions

15Local authority must notify proposed plan for public or targeted submissions

A local authority that decides to proceed with a proposed must notify the proposed plan for public submissions in the prescribed manner, unless the local authority notifies it for targeted submissions.
The closing date for submissions must be at least 20 working days after the proposed plan is notified for public or targeted submissions.
A local authority that notifies a proposed plan for public submissions must, in the prescribed manner, send a copy of the notice to—
the Minister; and
any nearby local authority; and
tangata whenua of the district of the territorial authority (for a proposed land use plan) or the region of the regional council (for a proposed natural environment plan), through iwi authorities; and
any other person who the local authority considers is likely to be directly affected by the proposed plan.

16Notifying proposed plan for targeted submissions

A local authority may choose to notify a proposed plan for targeted submissions if—
the proposed plan is a plan change or variation; and
the local authority is satisfied that it can identify all persons directly affected by the plan change or variation.

A local authority that notifies a proposed plan for targeted submissions must, in the prescribed manner, invite the following persons to make a submission on the proposed plan:
any person who the local authority has identified (in accordance with subclause (1)(b)) as being directly affected by the proposed plan; and
the Minister; and
any nearby local authority; and
tangata whenua of the area affected by the proposed plan, through iwi authorities.

Making and publishing submissions

17Who may make submissions on proposed plan notified for public submissions

The following persons may make a submission to the local authority on a proposed plan that is notified for public submissions:
a qualifying resident of—
1. the district of the territorial authority (for a proposed land use plan); or
2. the region of the regional council (for a proposed natural environment plan):
a person who has an interest in the proposed plan greater than the interest that the general public has:
a nearby local authority:
the local authority itself.

The following persons may make a submission to the local authority on a proposed plan that is notified for targeted submissions:
a person notified under clause 16(2):
the local authority itself.

18Content and form of submissions

A submission on a proposed plan notified for public or targeted submissions must—
be in the prescribed form; and
contain any prescribed information.

A submission on a proposed plan must not—
seek a change to a standardised plan provision that is not authorised by a national instrument; or
seek to relitigate the content of a regional spatial plan, except by submitting that section 80(3) of this Act (for a proposed land use plan) or section 97(3) of the Natural Environment Act 2025 (for a proposed natural environment plan) applies; or
for a proposed land use plan only, seek a change to the proposed land use plan based on a matter listed in section 14 as out of scope of this Act; or
for a proposed natural environment plan only, see to enlarge or otherwise add to an area to which a rule that controls fishing applies.

19Striking out submissions and calling for further submissions

No later than 20 working days after the closing date for submissions on a proposed plan, a local authority must—
strike out all or any part of a submission that the local authority is satisfied is content prohibited by clause 18(2); and
publish, in the prescribed manner, all submissions, or parts of submissions, that are not struck out; and
publish, in the prescribed manner, a notice calling for further submissions on the proposed plan.

The closing date for further submissions must be at least 10 working days after the date of the notice.
A local authority that strikes out all or part of a submission must—
notify the person who made the submission; and
give reasons.

A person has a right of objection to the Planning Tribunal if all or part of their submission is struck out.

Making further submissions

20Who may make further submissions

The following persons may make a further submission to the local authority on a proposed plan that is notified for public submissions:
a qualifying resident of the district (for proposed land use plan) or region (for proposed natural environment plan), but only if that qualifying resident has an interest in the proposed plan greater than the interest that the general public has:
a nearby local authority:
the local authority itself.

The following persons may make a further submission to the local authority on a proposed plan that is notified for targeted submissions:
a person notified under clause 16(2):
the local authority itself.

21Content, form, and service of further submissions

A further submission must be limited to a matter in support of, or opposition to, a submission made on the proposed plan.
A further submission must—
be in the prescribed form; and
contain any prescribed information.

A further submission on a proposed plan must not include content that is prohibited for a submission under clause 18(2).
A person who makes a further submission must serve a copy of it, in the prescribed manner, on the person who made the submission to which it relates.

22Striking out and publishing further submissions, summary of submissions

No later than 20 working days after the closing date for further submissions on a proposed plan, the local authority must—
strike out all or any part of a further submission that the local authority is satisfied is content that is prohibited for a submission by clause 18(2); and
publish, in the prescribed manner, all further submissions, or parts of further submissions, that are not struck out; and
publish, in the prescribed manner, a summary of submissions and further submissions.

A local authority that strikes out all or part of a further submission must—
notify the person who made the further submission; and
give reasons.

A person has a right of objection to the Planning Tribunal if all or part of their further submission is struck out.

Consideration by independent hearings panel

23Independent hearings panel

A local authority must assign an independent hearings panel to a proposed plan in accordance with clause 4 of Schedule 4.
The functions of an independent hearings panel are—
to conduct any hearing of a proposed plan assigned to it; and
to make recommendations on the proposed plan to the local authority.

An independent hearings panel—
has the prescribed powers and duties; and
must perform its functions, and exercise its prescribed powers and duties, in the prescribed manner.

24Independent hearings panel may hold hearing

The independent hearings panel assigned to a proposed plan may hold a hearing into submissions on a proposed plan.
The panel may choose not to hold a hearing even if 1 or more submitters request to be heard.

25Local authority’s role during hearing

A representative of the local authority must attend any hearing in accordance with any prescribed requirements.
A failure by the local authority to comply with this clause does not invalidate a hearing or hearing sessions.

Recommendations by panel

26Recommendations by panel

The panel must make recommendations—
to the local authority on the proposed plan (except in relation to an existing or a proposed designation included in a proposed land use plan); and
to the relevant designating authority (in relation to an existing or a proposed designation in a proposed land use plan).

When making its recommendations on a proposed land use plan, a panel—
must ensure that, if the territorial authority were to accept the panel’s recommendations, the territorial authority would comply with the provisions of this Act, secondary legislation made under this Act, and any other legislation that applies to the territorial authority’s preparation of the land use plan; and
must comply with clause 24 of Schedule 5 as if it were the recommending authority for the purposes of that section (in relation to a recommendation on an existing or a proposed designation); and
must have regard to any report or advice commissioned by the panel in accordance with regulations; and
must prepare a further evaluation report in accordance with section 88; and
if recommending that the proposed land use plan include a bespoke plan provision or a provision on a specified topic, must prepare a further justification report in accordance with section 90).

A panel must not make a recommendation on—
an existing designation that is included in the proposed land use plan without modification and on which no submissions were received; or
a designation that was included in a proposed land use plan in accordance with clause 30 or 35 of Schedule 5.

When making its recommendations on a proposed natural environment plan, a panel—
must ensure that, if the regional council were to accept the panel’s recommendations, the regional council would comply with the provisions of the Natural Environment Act 2025 (including this schedule as applied by that Act), secondary legislation made under that Act, and any other legislation that applies to the regional council’s preparation of the natural environment plan; and
must have regard to any report or advice commissioned by the panel in accordance with regulations; and
must prepare a further evaluation report in accordance with section 107 of the Natural Environment Act 2025; and
if recommending that the proposed natural environment plan include a bespoke plan provision, a provision on a specified topic, or a provision to which section 51(4) of the Natural Environment Act 2025 applies, prepare a further justification report in accordance with section 109 of that Act.

A panel must provide its recommendations to the local authority (and in the case of a proposed land use plan only, also to any designating authority) in 1 or more recommendation reports.
A recommendations report must—
be in the prescribed form and contain the prescribed information; and
clearly identify any recommendation on a bespoke provision.

A panel must provide all recommendations reports and any required further evaluation report and further justification report no later than 5 months after the date that the local authority published the summary of submissions and further submissions.
The reports must be published in the prescribed manner.

Decisions on proposed plan

27Decisions on panel recommendations (other than recommendations on designations)

This clause applies in relation to a recommendation by a panel to a local authority (other than a recommendation on an existing or proposed designation in a proposed land use plan).
The local authority must—
decide whether to accept or reject each of the panel’s recommendations; and
for each rejected panel recommendation, decide an alternative solution.

In the case of a proposed land use plan, the territorial authority must—
make its decisions under this clause in accordance with subpart 2 of Part 3 of this Act; and
carry out a further evaluation in accordance with section 88; and
if proposing to decide that the proposed land use plan contain a bespoke plan provision or a provision on a specified topic, prepare a further justification report in accordance with section 90.

In the case of a proposed natural environment plan, the regional council must—
make its decisions under this clause in accordance with subpart 2 of Part 3 of the Natural Environment Act 2025; and
carry out a further evaluation in accordance with section 107 of the Natural Environment Act 2025; and
if proposing to decide that the proposed natural environment plan include a bespoke plan provision, a provision on a specified topic, or a provision to which section 51(4) of the Natural Environment Act 2025 applies, prepare a further justification report in accordance with section 109 of that Act.

When making its decisions, the local authority—
is not required to consult any person or consider submissions or evidence from any person; and
must not consider any submission or any other evidence unless it was made available to the panel before the panel made the relevant recommendation; and
may seek clarification from the panel on a recommendation to assist the local authority in making a decision on that recommendation.

A local authority’s alternative solution on a recommendation may include any of the following:
elements of the proposed plan as notified for submissions:
elements of the panel’s recommendation:
any alternative approach.

The local authority must, no later than 12 months after the notification date,—
publish its decisions in the prescribed manner; and
advise, in the prescribed manner, all persons who made a submission or further submission on the proposed plan where an electronic copy of the decisions can be found.

The published decisions must—
set out the following information—
1. any panel recommendation that the local authority accepts:
2. any panel recommendation that local authority rejects and its reasons for doing so:
3. the alternative solution for any rejected panel recommendation; and
clearly identify any decision (and any associated reasons and alternative solutions) on a bespoke plan provision; and
include any required further evaluation report or further justification report; and
include any other prescribed information.

28Application to Minister for extension of time for publishing decisions

This clause applies if a local authority considers it is unable, or likely to be unable, to meet the deadline for publishing its decisions in clause 27(7) (which requires the local authority to publish its decisions no later than 12 months after the notification date).
The local authority must, before the deadline, apply to the Minister for an extension of time in the prescribed manner.
The Minister must decide the application for an extension, and advise the local authority of the outcome, in the prescribed manner.
This clause applies instead of sections 284 and 285 of this Act or sections 318 and 319 of the Natural Environment Act 2025(as the case requires) if the time limit prescribed by clause 27(7) is to be extended.

29Decisions on designations by designating authorities

This clause applies in relation to a recommendation by a panel on an existing or proposed designation in a proposed land use plan.
The designating authority responsible for the existing or proposed designation must decide whether it—
accepts the panel’s recommendation in whole; or
accepts the panel’s recommendation in part and rejects it in part; or
rejects the panel’s recommendation in whole.

The designating authority may modify the existing or proposed designation if, and only if, the modification—
was recommended by the panel; or
is not inconsistent with the existing or proposed designation as it was included in the proposed plan.

The designating authority must give reasons if it—
rejects the panel’s recommendation in whole or in part; or
modifies the existing or proposed designation.

A designating authority must notify the territorial authority of its decisions under this clause no later than 30 working days after receiving the relevant recommendation report under clause 26.
The territorial authority must—
publish a notice of the designating authority’s decisions in the prescribed manner; and
advise, in the prescribed manner, the following persons of where an electronic copy of the notice can be found:
1. each person who made a submission on the relevant proposed or existing designation:
2. each land owner and occupier directly affected by the decision.

30Proposed plan amended to reflect decisions

A proposed plan is amended in accordance with the decisions of a local authority under clause 27 (including any alternative solution, in relation to a rejected panel recommendation) on and from the date that the local authority publishes those decisions in accordance with that clause.

31Proposed land use plan amended to reflect decisions on designations

A proposed land use plan is amended in accordance with the decisions of a designating authority on a proposed or existing designation under clause 29 on and from the date that the territorial authority publishes those decisions in accordance with that clause.

Appeals on proposed plan

32Appeal on standardised plan provision or provision or matter excluded from proposed plan

A submitter may appeal to the Environment Court against a local authority's decision under clause 27 to—
include a standardised plan provision in a proposed plan; or
exclude a provision or matter from a proposed plan.

However, a submitter may only appeal under this clause if they referred to the subject matter of the decision in their submission.
The right of appeal under this clause is limited to a question of law.
Subclause (3) does not apply to the extent that an appeal relates to—
the spatial application of a provision on a specified topic; or
whether the local authority has complied with section 80(3) of this Act (for a proposed land use plan) or section 97(3) of the Natural Environment Act 2025 (for a proposed natural environment plan).

33Appeal on bespoke provision

A submitter may appeal to the Environment Court against a local authority’s decision under clause 27 to include a bespoke plan provision in a proposed plan.
However, a submitter may only appeal under this clause if they referred to the subject matter of the decision in their submission.

34Appeal on provision of relief framework

A submitter may appeal to the Environment Court against a local authority’s decision to include a relief framework provision in a proposed plan.
However, a submitter may only appeal under this clause if they referred to the subject matter of the decision in their submission.
In this clause, relief framework provision means a provision in a relief framework.

35Appeals on designations

The following persons may appeal to the Environment Court against any aspect of a decision of a designating authority under clause 29:
a submitter on the proposed land use plan, but only if their submission addressed—
1. the existing or proposed designation to which the decision relates; and
2. the matter to which the appeal relates:
the relevant territorial authority.

36Further restrictions on appeals

An appeal under clause 32, 33, 34, or 35 must not seek withdrawal of the proposed plan as a whole.
For the purposes of this clause, proposed plan does not include a variation or a plan change.

37Requirements for lodging appeals

An appeal under clause 32, 33, 34, 35, or 53 must—
be lodged in the prescribed form, and within the prescribed time frame; and
contain the prescribed information; and
be served in the prescribed manner.

Hearing by Environment Court on appeal

38Hearing by Environment Court on appeal

The Environment Court must hold a public hearing into any provision or matter that is appealed under clause 32, 33, 34, 35, or 53.
If the Environment Court directs a local authority under clause 48 of Schedule 9, the local authority must comply with the direction.

Appeals against decision of Environment Court

39Decision of Environment Court may be appealed

A party to an appeal before the Environment Court under clause 32, 33, 34, 35, or 53 may appeal on a question of law to the Court of Appeal against the decision of the Environment Court.
The appeal must be made in accordance with subpart 8 of Part 6 of the Criminal Procedure Act 2011, and that subpart applies—
as if the Environment Court were the first appeal court (section 300 of that Act); and
with any other necessary modifications.

An appeal against the decision of the Court of Appeal may be made to the Supreme Court with the leave of the Supreme Court.
Clauses 77 to 86 of Schedule 9 do not apply to an appeal against a decision of the Environment Court under clause 32, 33, 34, 35, or 53.

Withdrawing all or part of proposed plan

40Withdrawing all or part of proposed plan

A local authority may withdraw all of a proposed plan, or any part of a proposed plan (other than a part of a land use plan that is an existing or proposed designation), at any time before—
the proposed plan or part of the plan becomes operative, if—
1. no appeal is made in relation to the proposed plan or part of the plan; or
2. all appeals are withdrawn; or
the Environment Court hearing commences, if an appeal is made and not withdrawn.

The local authority must publish a notice of any withdrawal in the prescribed manner, which must include the authority’s reasons for the withdrawal.
If a local authority withdraws part of a proposed plan, it must (without using the process in this schedule) amend the proposed plan to reflect the withdrawal.

41Withdrawing existing or proposed designation from proposed land use plan

A designating authority that is responsible for an existing or proposed designation in a proposed land use plan may withdraw the designation at any time by giving notice to the territorial authority in the prescribed manner.
The notice must include the designating authority's reasons for the withdrawal.
A territorial authority that receives a notice under this clause must,—
without using the process in this schedule, amend the proposed plan to reflect the withdrawal; and
publish a notice of the withdrawal in the prescribed manner.

To avoid doubt, a designating authority that is the territorial authority may issue a notice under this clause to itself.

Variations and other amendments to proposed plan

42Variations to proposed plans

A local authority may amend a proposed plan (other than under clause 44) by initiating a variation to that proposed plan.
The variation must be progressed in accordance with clauses 3, 5, 6, and 10 to 40 and Parts 3 and 4 of this schedule, until the variation reaches the same procedural stage as the proposed plan to which it relates.
On the date that a variation reaches the same procedural stage as the proposed plan to which it relates,—
the local authority must amend the proposed plan to incorporate the variation; and
the variation ceases to be a separate instrument.

Subclause (5) applies for the following purposes:
any application for a planning consent (for the purpose of this Act) or natural resource permit (for the purposes of the Natural Environment Act 2025):
any proposed designation (for the purposes of this Act only):
any enforcement matter (for the purposes of both Acts).

On and from the date that a variation is notified for submissions, a proposed plan must be treated as if it had been amended in accordance with the variation.

43Submissions and appeals relating to provisions replaced by variation

A submission made on a provision of a proposed plan must be treated as if it were also a submission made on any provision of a variation that is to replace the provision the proposed plan.
However, subclause (1) applies only if the submission was made before the variation was notified for submissions.
An appeal against any provision of a proposed plan must be treated as if it were also an appeal against any provision of a variation that is to replace the provision of the proposed plan.
However, subclause (3) applies only if the appeal was made before the variation reaches the stage where appeals may be made.

44Amendments to proposed plan where directed, and minor amendments

A local authority must, without using the process in this schedule, amend a proposed plan as directed by—
a national instrument under section 47 of this Act (for a proposed land use plan) or section 71 of the Natural Environment Act (for a proposed natural environment plan); or
the Environment Court under clause 48 of Schedule 9.

A local authority may, without using the process in this schedule, amend a proposed plan to—
alter any information in a way that has a minor effect; or
correct any minor error.

Making proposed plan operative

45When provision in proposed plan becomes operative

A provision in a proposed plan becomes operative at a date (the operative date) specified by the local authority in a notice published in the prescribed manner.
The local authority must specify an operative date for a provision that occurs after the last of the following have occurred in relation to the provision (as applicable):
either—
1. the applicable appeal period under clause 32, 33, 34, or 35 has expired and no appeals have been lodged in relation to the provision; or
2. any appeals in relation to the provision have been determined or withdrawn; or
3. if the provision is an existing designation included in a proposed land use plan without modification and on which no submissions were received, the territorial authority has published its decisions on other recommendations in accordance with clause 27:
if any amendments in relation to the provision have been directed under section 47 of this Act (for a proposed land use plan) or section 71 of the Natural Environment Act (for a proposed natural environment plan), or clause 48 of Schedule 9 (for any proposed plan), those amendments have been made:
if the local authority initiated a variation in relation to the provision,—
1. the variation has been incorporated into the proposed plan under clause 42(3); or
2. the local authority has given notice under clause 47 that the variation will be converted into a plan change; or
3. the variation has been withdrawn.

However, in all cases, the operative date for a provision must be no earlier than 5 working days after the date of the notice.

46Effect of provision becoming operative

When a provision of a proposed plan becomes operative under clause 45, that provision becomes a provision of the plan of the local authority (and stops being a provision of a proposed plan).

47Local authority may convert variation into plan change

This clause applies if—
a local authority has initiated a variation in relation to 1 or more provisions of a proposed plan (the relevant provisions); and
the variation has not yet been incorporated into the proposed plan under clause 42(3); and
the local authority wants to make the relevant provisions operative before the variation becomes operative.

If this clause applies,—
the local authority may give notice in the prescribed manner that the variation will be converted into a plan change when the relevant provisions become operative; and
if notice is given, on and from the date that the relevant provisions become operative, the variation must be treated as if it were a plan change to the relevant provisions.

Amending operative plan without plan change

48Amending operative plan without plan change

A local authority may, without using the process in this schedule, amend a plan to—
alter any other information in a way that has a minor effect; or
correct any minor error.

A territorial authority may, without using the process in this schedule, also amend a land use plan to—
alter any mapped spatial information, if—
1. the alteration has no more than a minor effect; and
2. the territorial authority is satisfied that no person is adversely affected by the alteration; or
change the spatial application of any provisions in respect of land vested in the territorial authority for a public purpose as the result of a subdivision, if the territorial authority is satisfied that applying different provisions to that land is appropriate for the purpose for which the land was vested.

A local authority must publish (in the prescribed manner) a notice of any amendments no later than 5 working days after making them.
In subclause (2), land vested in the territorial authority for a public purpose includes land vested in the territorial authority for the purpose of—
a road; or
a reserve (including an esplanade reserve).

2Change requests and private plan changes

49Request for change to plan

Any person (other than the local authority) may, in the prescribed manner, request a change to a plan (a change request).

50How local authority deals with change request

A local authority—
may ask for more information on a change request in the prescribed manner; and
may commission a report on a change request in the prescribed manner; and
must otherwise deal with the change request in the prescribed manner.

A local authority may modify a change request if the requester agrees.

51Local authority must decide if and how plan change will proceed

A local authority that receives a change request must decide to do 1 more of the following:
adopt all or part of the change request as its own plan change (see clause 55):
process all or part of the change request as a private plan change (see clause 56):
reject all or part of the change request, but only on 1 or more of the grounds set out in clause 52:
process all or part of the change request under—
1. Part 4 of this Act as if it were an application for a planning consent (for a change request to a land use plan); or
2. Part 4 of the Natural Environment Act 2025 as if it were an application for a natural resource permit (for a change request to a natural environment plan).

The local authority must—
make its decision under subclause (1) within the prescribed time frame; and
notify the requester of that decision in the prescribed manner.

52Grounds for rejecting request

A local authority may reject all or part of a change request only on 1 or more of the following grounds:
the request or part of the request is frivolous or vexatious:
within the last 2 years, the substance of the request or part of the request has been considered and given effect to, or rejected by, the local authority or the Environment Court:
the request or part of the request is not in accordance with sound planning practice:
the request or part of the request would make—
1. the land use plan inconsistent with subpart 3 or 4 of Part 2 or subpart 2 of Part 3 of this Act; or
2. the natural environment plan inconsistent with subpart 3, 4, or 5 of Part 2 or subpart 2 of Part 3 the Natural Environment Act 2025:
the plan has been operative for less than 2 years:
the local authority has insufficient information to enable it to consider or approve the request, but only if the requester has refused—
1. to provide any information asked for by the local authority in the prescribed manner; or
2. to agree to the commissioning of a report asked for by the local authority in the prescribed manner.

53Requester may appeal decision on process

A requester may appeal to the Environment Court against any of the following decisions of a local authority:
a decision under clause 51(1)(a) to adopt, in part only, a requested plan change as the local authority's own:
a decision under clause 51(1)(b) to process, in part only, a requested plan change as a private plan change:
a decision under clause 51(1)(c) to reject a requested plan change in whole or in part:
a decision under clause 51(1)(d) to process a change request as an application for a planning consent or natural resource permit (as the case requires) in whole or in part.

A notice of appeal under this section must—
be lodged in the prescribed form, and within the prescribed time frame; and
contain the prescribed information; and
be served in the prescribed manner.

The Environment Court may decide an appeal as it thinks fit.

54Withdrawing change request

A requester or the local authority may withdraw a change request in the prescribed manner.

55Process if local authority adopts requested plan change as its own

This clause applies if a local authority decides (under clause 51(1)(a)) to adopt all or part of a requested plan change as its own.
The local authority must, no later than 4 months after deciding to adopt the request, notify the adopted plan change or part of the plan change for submissions.
Clauses 3 and 15 to 47 and Parts 3 and 4 of this schedule apply to the adopted plan change as if it were a plan change proposed by the local authority.
To avoid doubt, clauses 5 to 14 of this schedule do not apply to a plan change adopted by a local authority.

56Process for private plan change

This clause applies if a local authority decides (under clause 51(1)(a)) to process all or part of a requested plan change as a private plan change.
The local authority must notify the requested plan change or part of the plan change for submissions—
no later than 4 months after deciding to process the request as a private plan change; or
within any time frame directed by the Environment Court after hearing an appeal under clause 53.

Clauses 15 to 40 and 44 to 47 and Part 4 of this schedule apply to the private plan change,—
with all necessary modifications, as if a reference to a plan change (including a reference to a proposed plan that includes a plan change) were a reference to the private plan change; and
with the modifications set out in subclauses (4) to (7).

The local authority must send copies of all submissions and further submissions on the private plan change to the requester.
The requester has a right to appear at—
any hearing before the independent hearings panel; and
any hearing on an appeal against the private plan change.

The local authority must advise the requester in writing where an electronic copy of the notice of the local authority’s decisions on the private plan change can be found.
The requester may appeal to the Environment Court under clause 32, or 33, or 34 as if—
the requester were a submitter for a purpose of those clauses; and
the restrictions on appealing in relation to a matter or provision addressed in a submission did not apply to the requester.

To avoid doubt, clauses 5 to 14 do not apply to a private plan change.

3Legal effect of rules in proposed plan

57What this Part does

This Part specifies when a rule in a proposed plan has legal effect.
This Part—
does not apply to objectives, policies, designations, a relief framework, or methods in a proposed plan (being provisions other than rules); and
does not limit or affect the weight that a consent authority (under this Act) or a permit authority (under the Natural Environment Act 2025) gives to the provisions described in paragraph (a) before the proposed plan becomes operative.

58When rules in proposed plans have legal effect

Except as otherwise specified by subclauses (2), (4), (5), and (7), a rule in a proposed plan has legal effect on and from the date on which the local authority notifies its decision on the independent hearings panel’s recommendation on the rule in accordance with clause 27.
A rule in a proposed plan that is notified for public submissions has immediate legal effect if—
a national standard provides that the rule will have immediate legal effect; or
for a proposed land use plan only, the rule—
1. protects significant historic heritage; or
2. relates to natural hazards; or
for a proposed natural environment plan only, the rule—
1. protects or relates to water, air, or soil (for soil conservation); or
2. protects areas of significant indigenous vegetation; or
3. protects areas of significant habitats of indigenous fauna; or
4. provides for or relates to aquaculture activities; or
5. relates to natural hazards.

However, a rule in a proposed natural environment plan described in subclause (2)(c)(i), (ii), or (iii) does not have immediate legal effect if, and to the extent that, it is a rule that controls fishing in the coastal marine area.
A rule in a proposed plan has legal effect on and from a date specified in an order of the Environment Court in accordance with clause 59.
A rule in a proposed plan has legal effect on and from the date the rule becomes operative if—
a national standard provides that the rule will have legal effect only when it becomes operative; or
the local authority decides that the rule will have legal effect only when it becomes operative.

However, subclause (5)(b) applies only if—
the local authority makes the decision before notifying the proposed plan for public submissions; and
the notification includes the decision; and
the local authority does not rescind the decision (by publishing a notice in the prescribed manner that the decision is rescinded).

If a local authority rescinds a decision under subclause (6)(c), then the rule has legal effect on and from the later of—
the date that the local authority notifies its decision on the rule in accordance with clause 27; and
the day after the date of the notice under subclause (6)(c).

In this clause, immediate legal effect, in relation to a rule in a proposed plan, means the rule has legal effect on and from the date that the proposed plan is notified for public submissions.

59Environment Court may order rule to have legal effect from date other than standard date

A local authority may apply to the Environment Court for a rule in a proposed plan to have legal effect from a date other than the date on which the local authority notifies its decision on the rule in accordance with clause 27.
The local authority may make the application before or after the proposed plan is notified for submissions.
If the court grants the application, the order must specify the date from which the rule is to have legal effect, being a date no earlier than the later of—
the date that the proposed plan is notified for submissions; and
the date of the order.

However, the court must not make an order in respect of a rule that has immediate legal effect in accordance with clause 58.

60Local authority must identify rules having early or delayed legal effect

A local authority must include a notation in a proposed plan clearly identifying any rule that has legal effect, or is to have legal effect, on and from one of the alternative dates in accordance with clause 58(2), (4), or (5).
The local authority must include the notation—
when the proposed plan is notified for submissions; or
as soon as practicable after an order under clause 59 is determined, if the rule is subject to an order determined after the proposed plan is notified for submissions.

If the date that a rule is to have legal effect changes as a result of a decision being rescinded under clause 58(6)(c), the local authority must update the notation to reflect the new date as soon as practicable after giving the notice under clause 58(6)(c).
A notation under this section—
does not form part of the proposed plan; and
may be removed by the local authority without using the process in this schedule when the rule becomes operative.

61Rules in proposed plan must be treated as operative if no submissions in opposition made or all are withdrawn

A rule in a proposed plan that is notified for public submissions must be treated as operative (and any previous rule as inoperative) on and from—
the day after the period for making submissions ends, if no submissions in opposition to the rule have been made or all submissions in opposition are withdrawn before that date; or
the day after the date that the last of any submissions in opposition to the rule are withdrawn, if that occurs after the date in paragraph (a).

A rule in a proposed plan that is notified for targeted submissions must be treated as operative (and any previous rule as inoperative) on and from—
the date that the local authority publishes its decision on the panel’s recommendation on the rule under clause 27, if no submissions in opposition to the rule have been made or all submissions in opposition are withdrawn before that date; or
the day after the date that the last of any submissions in opposition to the rule are withdrawn, if that occurs after the date in paragraph (a).

4Regulatory relief

62Purpose

The purpose of this Part is to provide a mechanism for relief to be granted if a specified rule in a plan has a significant impact on the reasonable use of land.

63Interpretation

In this Part, unless the context otherwise requires—
impact means the impact of a specified rule on the reasonable use of land
specified rule means a rule on a specified topic.

64Duty to consider impact of specified rule proposed in plan

When preparing or deciding a proposed plan or private plan change that contains a specified rule, a local authority must consider the impact of the proposed rule on the reasonable use of land if the rule is substantially different in the operative plan.
The duty described in subclause (1) does not apply to—
the use of land that is publicly owned; or
the private use of public land; or
the coastal marine area except for privately owned land.

65Duty to prepare relief framework in proposed plan

If a local authority considers, after taking into account any prescribed criteria, that a specified rule in its proposed plan is reasonably likely to have a significant impact on the reasonable use of land, the authority must—
develop a relief framework in accordance with the requirements in this Part, and any requirements in national instruments and regulations; and
include the relief framework in the proposed plan when it is notified for submissions.

The requirements in regulations referred to in subclause (1)(a) may include methodologies for the purpose of—
defining levels of impact within a relief framework; and
classifying types of impact; and
setting the types of relief available for different types and levels of impact; and
identifying impacted land owners.

66Assessment of materiality of impacts

A local authority must carry out an assessment of the materiality of impacts—
at a general level, when developing its relief framework for inclusion in its proposed plan; and
at a site-specific level, when implementing its relief framework after the plan is made operative.

A local authority must assess the materiality of the impacts by considering—
the extent to which the specified rule—
1. restricts or removes development potential; and
2. imposes obligations for the protection, restoration, or non-use of land; and
3. creates compliance costs or regulatory constraints that affects the reasonable use or enjoyment of land; and
4. affects land value; and
any other matters required by national instruments or regulations.

67How relief framework must provide for impacts

A regulatory relief framework prepared by a local authority must—
identify both—
1. the types of impact that a local authority considers is reasonably likely to occur; and
2. the levels of impact (as informed by the assessment of the materiality of impacts); and
identify what constitutes a significant impact on the reasonable use of land; and
specify criteria for grouping similar impacts based on the type or level of impact; and
provide for how relief is to be made available in accordance with clause 70; and
include any other matters required by national instruments or regulations.

68Eligibility for relief

A person is eligible for relief under a relief framework in a plan only if—
they own land that is impacted by a specified rule in the plan; and
they own that land when the plan is made operative.

A person who makes a change request is not eligible for relief as a result of any plan change or private plan change from that request.
A person who makes a submission on a proposed plan or plan change is not eligible for relief as a result of that submission.
A person who has received voluntary incentives provided in a plan is not eligible for relief under a relief framework in the same plan.
A person who received relief under a relief framework in a plan in respect of land, is not eligible for relief under a relief framework in a proposed plan in respect of the same land unless the impact on the land is substantially worse.
If the first proposed plan includes a specified rule,—
subclause (1) does not apply if a person is eligible for relief under subclause (7); and
to avoid doubt, subclause (5) does not apply in that case.

When the first proposed plan is made operative, a person is eligible for relief under the relief framework in the plan if—
the person owned land when the last RMA operative plan was publicly notified; and
the land was subject to a rule in the RMA operative plan that is similar to a specified rule in the first proposed plan; and
the land is impacted by the specified rule; and
the land has not changed ownership between the time that the RMA operative plan was publicly notified and the time that the first proposed plan is notified.

In subclauses (6) and (7),—
RMA operative plan means an operative district plan or regional plan under the Resource Management Act 1991 for the district or region in which the land is located
first proposed plan means the first proposed land use plan or proposed natural environment plan.

69Considerations for developing and implementing relief framework

This section applies to a local authority when—
preparing or deciding a proposed plan or private plan change for which a relief framework is required; and
implementing a relief framework.

A relief framework requires a broad assessment of relief in which—
similar impacts are treated the same way; and
relief can be adjusted to the scale of the impact; and
relief need not be granted on a like-for-like basis.

A relief framework must—
include criteria for assessing impacts; and
provide for how eligibility for relief is determined; and
state the nature of relief available; and
include any other matter required by national instruments or regulations.

70Nature of relief

A local authority must provide an eligible person with the relief to which they are entitled under the relief framework.
A relief framework may, without limitation, include any of the following types of relief:
monetary payment:
waiving or reducing local government rates or fees for planning consent applications:
granting additional development rights elsewhere on the property or on another site owned by the landowner:
offering alternative parcels of land in exchange for the affected site:
providing access to targeted grant programmes, restoration, fencing, planting, or other mitigation activities.

71Duty to implement relief framework

A local authority must, as soon as reasonably practicable after its plan is made operative, implement the relief framework.
The local authority must—
carry out a relief assessment by—
1. identifying land that is impacted by the specified rule; and
2. applying the relief framework to the land; and
notify affected persons of the results of the assessment.

The identification of land under subclause (2)(a) must—
be informed by the assessment of the materiality of impacts required by clause 66(1)(b); and
be carried out in accordance with any prescribed methodology.

The notice to affected persons must state—
the reasons why the land was identified for relief; and
how the relief framework was applied to the land; and
the relief available to the person; and
how the requirements of clause 69(2) were met; and
the dispute resolution processes available to the person under this Act.

The local authority must, as soon as reasonably practicable after carrying out a relief assessment, give public notice on its internet site—
that the assessment has been carried out; and
that notices under this section will be sent to affected persons (if any).

A notice under this section must comply with any prescribed requirements.

72Review of decision where relief notice received

If a person who receives a notice of a relief assessment under clause 71(2) considers there are errors in the local authority’s application of the relief framework to their property, the person—
may apply to the local authority for a review of the relief assessment within 30 working days of receiving the notice; and
must identify those errors in their application.

A review under this clause is limited to an assessment of—
the applicant’s property; and
the type and level of impact of the specified provision on the property; and
the relief that the applicant is eligible to receive under the relief framework in respect of the property.

73Review of decision where relief notice not received

A person may apply to the local authority for a review of its decision in applying the relief framework (after having carried out the relief assessment under clause 71(2)) if the person—
is eligible in accordance with clause 68 for relief under the relief framework; and
has not received a relief notice.

An application for a review under this clause must—
be made no later than 30 working days after the public notice made under clause 71; and
set out the relief that the person considers they are entitled to under the relief framework; and
include reasons and supporting evidence, sufficient to enable the application to be determined on the papers.

A review under this clause is limited to an assessment of—
the applicant’s expectation of relief under the relief framework; and
the application of the relief framework to the applicant’s property.

74How application for review must considered

A local authority must, in accordance with any prescribed requirements, consider an application for review made to it under clause 72 or 73 and decide to—
dismiss the application; or
uphold the application in whole or in part and provide a relief notice or updated relief notice.

The local authority must—
consider the application and all material provided with it; and
consider, in light of that information, whether—
1. its original assessment of the types of impact and levels of the impact was carried out in accordance with the criteria in the relief methodology in its plan; or
2. an alternative relief mechanism is more appropriate.

The local authority must—
decide the application within 15 working days; and
provide its decision to the applicant in writing and give reasons; and
if applicable, update the relief notice and provide it to the applicant.

If further information is requested under clause 75, the time frame in subclause (3)(a) is subject to any excluded time period prescribed by regulations.
The applicant has a right of objection to the Planning Tribunal against the local authority's decision under this clause.

75Requests for further information

A local authority may, in accordance with any prescribed requirements,—
seek further information from an applicant seeking a review under clause 72 or 73; and
require the information to be provided within a specified time; and
dismiss an application if the information is not provided within the specified time.

1Application

This schedule sets out further provisions that apply in relation to—
land use plans under this Act (see sections 77 and 92); and
natural environment plans under the Natural Environment Act 2025 (see sections 94 and 111 of that Act).

The provisions in this schedule apply to both types of plan, except where a provision indicates that it applies to a particular type of plan.

2Interpretation

When this schedule is applied for the purposes of this Act, unless the context otherwise requires, a term used in this schedule that is defined in section 3 has the meaning given in section 3.
When this schedule is applied for the purposes of the Natural Environment Act 2025, unless the context otherwise requires, a term used in this schedule that is defined in section 3 of the Natural Environment Act has the meaning given in section 3 of that Act.

Example

Clause 4 refers to a “proposed plan”. That means a proposed plan as defined in section 3 for the purposes of this Act (a proposed land use plan), and a proposed plan as defined in section 3 of the Natural Environment Act 2025 (a proposed natural environment plan) for the purposes of that Act.
In this schedule, unless the context otherwise requires,—
existing designation,—
1. in relation to a proposed land use plan that is a new land use plan, means a designation in the operative land use plan; and
2. in relation to a proposed land use plan that is a plan change in response to a review under section 99(1), means a designation in any part of the operative plan that was reviewed under that section
local authority,—
1. in relation to a land use plan or proposed land use plan under this Act, means the territorial authority (as that term is defined in section 3 of this Act) responsible for the land use plan; and
2. in relation to a natural environmental plan or proposed land use plan under the Natural Environment Act 2025, means the regional council (as that term is defined in section 3 of that Act) responsible for the natural environment plan
nearby local authority,—
1. in relation to a territorial authority preparing or changing a land use plan under this Act, means—
  1. any regional council whose region includes all or part the district of the territorial authority; and
  2. any territorial authority whose district adjoins the district of the territorial authority; and
2. in relation to a regional council preparing or changing a natural environment plan under the Natural Environment Act 2025, means—
  1. any territorial authority whose district (or part of its district) is within the region of the regional council; and
  2. any regional council whose region adjoins the region of the regional council
notify for submissions, in relation to a proposed plan or private plan change, means to notify the proposed plan for—
1. public submissions in accordance with clause 15; or
2. targeted submissions in accordance with clause 16
proposed designation, in relation to a proposed land use plan, means a proposed designation (as that term is defined in clause 1 of Schedule 5) that is included in the proposed land use plan under clause 9(1) or 8
requester, in relation to a change request, means the person who made the change request
submitter, in relation to a proposed plan or private plan change, means a person who made a submission on the proposed plan or private plan change.