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Planning Bill

Hearings to be held in public and protection of sensitive information

Schedule 4: Independent hearings panels

You could also call this:

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

You are looking at a proposed change to the law about planning in New Zealand. This part is about independent hearings panels, which are groups of people who make decisions on plans. These plans can be about how to use land or protect the environment. You need to know that these panels can be assigned to different types of plans, like regional spatial plans or land use plans. The Minister can give directions on what skills and experience the panel members should have. Local authorities, like councils, are responsible for appointing panel members and paying for the panel's costs. The local authorities can appoint panel members jointly or on their own, and they must follow certain rules. The Minister can also appoint central government members to the panel. The costs of the panel, including the members' pay and expenses, are paid by the local authorities or the central government. The law says that the local authorities are responsible for providing support to the panel, like administrative help. The panel members can get paid differently, depending on how they were appointed. The law also says what expenses the panel members can claim, like travel costs. In this proposed change, an 'instrument' refers to a plan or a change to a plan that the panel is making decisions on. This can include regional spatial plans, proposed plans, or private plan changes. You should understand that this is a proposed change to the law, and it may affect how plans are made and decided on in the future.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1526620.

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

Topics:

Environment and resources > Town planningGovernment and voting > Local councilsHousing and property > Land use

Schedule 3: Further provisions relating to plans, or

"Extra rules for making and changing plans"

Schedule 5: Designations, or

"Rules for special projects like roads and buildings in New Zealand"

4Independent hearings panels Empowered by s 77(4)

1Application and interpretation

This schedule sets out provisions that apply in relation to independent hearings panels for—
regional spatial plans under this Act (see clause 15 of Schedule 2); and
land use plans under this Act (see section 77(4) and clause 23 of Schedule 3); and
natural environment plans under the Natural Environment Act 2025 (see section 94(4) of that Act and clause 23 of Schedule 3 of this Act).

The provisions in this schedule apply in relation to all of the instruments listed in subclause (1), except where a provision indicates that it applies to a particular type of instrument or instruments.
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,—
central government member, in relation to an independent hearings panel, means a member of that panel appointed by the Minister under clause 57
local authority,—
1. in relation to a regional spatial plan or draft regional spatial plan under this Act, means a local authority (as that term is defined in section 3 of this Act) that is jointly responsible for the regional spatial plan
2. 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
3. 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
local authority member, in relation to an independent hearings panel, means a member of that panel appointed—
1. by 2 or more local authorities jointly under clause 58 or following a determination under clause 59; or
2. by a local authority on its own under clause 60.

2Direction on skills, experience, or qualifications of panel members

The Minister may issue a direction on the skills, experience, or qualifications that members of an independent hearings panel must collectively hold.
A direction under this clause is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

3How a spatial plan committee assigns panel to draft regional spatial plan

The local authorities of a region must assign to a draft regional spatial plan an independent hearings panel—
that the local authorities appoint jointly in accordance with clause 6; and
whose membership—
1. collectively reflects the expertise required for the matters being considered, informed by the goals of this Act and the Natural Environment Act 2025; and
2. meets the experience and qualifications levels directed under clause 2.

The local authorities must, as soon as is reasonably practicable after assigning a panel,—
advise the Minister of the names of the panel members; and
publish (in the prescribed manner) the names of the members.

4How local authority assigns panel to a proposed plan

A local authority must assign an independent hearings panel to a proposed plan or private plan change whose members collectively meet the requirements of any applicable direction under clause 2.
The local authority must assign a panel that was appointed—
by the local authority jointly with 1 or more other local authorities in accordance with clause 6; or
by the local authority on its own in accordance with clause 7.

The local authority must, as soon as is reasonably practicable after assigning a panel to a proposed plan or private plan change,—
advise the Minister of the names of the panel members; and
publish (in the prescribed manner) the names of the members.

5Minister may appoint central government members

The Minister may appoint 1 or more central government members to sit on any panel assigned to a proposed plan or private plan change.
The Minister must make any appointment under subclause (1) no later than 20 working days after being advised that the panel has been assigned to the proposed plan or private plan change.
The number of central government members must not exceed the number of local authority members.
The territorial authority must publish (in the prescribed manner) the names of any central government member as soon as is reasonably practicable after the Minister advises the territorial authority of the appointment.

6Jointly appointed panel

To appoint an independent hearings panel jointly, the relevant local authorities must agree on the following:
the number of local authority panel members:
the persons to be appointed as local authority members (including the chairperson of the panel), or a process to appoint those members:
the remuneration and expenses to be paid to the local authority panel members:
how the local authorities will provide administrative and specialist support to the panel that is sufficient to enable it to carry out its functions within the applicable time frames:
how any costs of the panel that the local authorities are jointly responsible for will be shared amongst the local authorities.

If local authorities are unable to agree on any of the matters set out in subclause (1), they must advise the Minister in writing of the matters in dispute.
The Minister must appoint an appropriate expert to make determinations on the matters that the local authorities have advised are in dispute as soon as is reasonably practicable after receiving the advice.
The appointed expert must determine the matters in dispute as soon as is reasonably practicable after their appointment.
The local authorities must comply with any determinations made by the appointed expert.

7Panel appointed by local authority

To appoint a panel on its own, a local authority must decide the following:
the number of local authority panel members:
the persons to be appointed as local authority members (including the chairperson of the panel):
the remuneration and expenses to be paid to the local authority panel members:
how the territorial authority will provide administrative and specialist support for the panel that is sufficient to enable it to undertake its functions within the statutory time frames.

8Funding of panel and related activities

If an independent hearings panel is assigned to the instruments of more than 1 local authority, those local authorities are jointly responsible for all costs incurred by the panel and for the activities related to the performance or exercise of the panel's functions and powers under this Act or the Natural Environment Act 2025.
If an independent hearings panel is assigned solely to instruments or an instrument of a single local authority, that local authority is responsible for all costs incurred by the panel and for the activities related to the performance or exercise of the panel's functions and powers under this Act.
Without limiting subclauses (1) and (2), the local authorities jointly or the single local authority (as the case requires) is responsible for—
the remuneration and expenses of the local authority members of the panel and any central government member of the panel; and
the administrative costs of each hearing session; and
the remuneration of any expert, mediator, other dispute resolution facilitator, or any other person whose services are engaged by the panel under this Act or the Natural Environment Act 2025 (as the case requires); and
the allowances payable to any witness called by the panel; and
the costs of any special advisor or friend of submitter appointed by the panel; and
the costs of administrative and secretarial support services to the panel.

Each local authority member of a panel—
appointed jointly under clause 6 must be paid at a rate determined in accordance with clause 6(1)(c) or (4) (as the case requires); and
appointed by a local authority under clause 7 must be paid at the rate determined by the local authority in accordance with clause 7(c).

Each central government member of a panel must be paid—
remuneration by way of salary, fees, or allowances at a rate determined by the Minister; and
actual and reasonable travelling and other expenses incurred in carrying out their office in accordance with the Fees and Travelling Allowances Act 1951, and that Act applies as if the members were members of a statutory Board within the meaning of that Act.

In this clause, instrument means—
a draft regional spatial plan; or
a proposed plan (including a variation); or
a private plan change.