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Planning Bill

Combined plan - Land use plans - Evaluation reports and justification reports

89: Requirements for justification reports

You could also call this:

"What to include in a report to justify a new plan"

Illustration for Planning Bill

If a new plan is proposed, you need to know what a justification report is. This report is required for a draft plan that has a bespoke plan provision or a provision on a specified topic, as stated in clause 11 of Schedule 3. You will have to include certain information in the report. When a bespoke plan provision is proposed, you must justify why it is allowed by national instruments or not stopped by them. You have to describe the good and bad effects of the provision and assess its costs and benefits. You also need to state how you plan to monitor the effectiveness of the proposed provision. For a provision on a specified topic, you must identify the topic and justify why the provision is not stopped by national instruments. You have to describe the area the provision applies to and assess if it is appropriate for the cultural or natural values of that area. You also need to describe the key data and evidence that informed the proposed provision. The justification report must have enough detail to match the importance of the proposed plan.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1525875.

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Part 3Combined plan
Land use plans: Evaluation reports and justification reports

89Requirements for justification reports

  1. This section sets out the requirements for a justification report required under clause 11 of Schedule 3 for a draft of a proposed plan that contains a bespoke plan provision or a provision on a specified topic.

  2. In relation to a bespoke plan provision, a justification report must—

  3. justify why the provision is either—
    1. expressly authorised by a national instrument; or
      1. not precluded by any national instrument; and
      2. describe the positive and negative impacts of the provision; and
        1. assess the costs and benefits of the provision, including any costs and benefits from the provision or reduction of development capacity; and
          1. state how the territorial authority proposes to monitor the effectiveness of the proposed provision; and
            1. summarise the evidence for its view that section 80(3) applies; if the territorial authority is proposing that the bespoke plan provision will not give effect to any provision in the regional spatial plan in accordance with that section; and
              1. state how, if at all, the draft has been influenced by—
                1. pre-notification consultation (see clause 5 of Schedule 3); and
                  1. any other engagement with local communities.

                  2. In relation to a provision on a specified topic, a justification report must—

                  3. identify which specified topic the provision relates to; and
                    1. justify why the provision is not precluded by national instruments; and
                      1. describe the area to which the provision applies, including any site, structure, landscape, or feature (as the case requires); and
                        1. assess the extent to which the provision is appropriate in relation to the cultural or natural values associated with that area; and
                          1. describe the key data and evidence that has informed the proposed provision, including the spatial application of the proposed provision; and
                            1. include the matters in subsection (2)(b) to (e).

                              1. The justification report must contain a level of detail that corresponds to the scale and significance of the content of the draft proposed plan.