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Resource Management Act Reform
Weekly Update
Whakanaketanga Whakarite Rawa Ahuarangi
ā-Wiki
For the week beginning 5 February 2024
Hon. Chris Bishop, Minister Responsible for Resource Management Act
Reform
Resource Management Reform Weekly Update | 5 February 2024
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Wellington City Council Intensification Plan Change Process
Update
The Wel ington City Council Independent Hearings Panel (IHP) has just released its recommendations on the
Wel ington City Council Intensification Planning Instrument (IPI). This is the plan change to implement the
National Policy Statement on Urban Development (NPS-UD) and the medium density residential standards
(MDRS)
The IHP support the District Plan’s general approach to growth and intensification (as notified) but do not
agree that the Johnsonvil e rail line (which services a number of stations in Ngaio, Khandallah and Crofton
Downs) should be defined as a ‘Rapid Transit Service’ under the NPS-UD. This means that 5 minute walking
catchments allowing residential development of at least six storeys in these smaller centres wil not apply. The
medium density residential standards wil apply (e.g. up to three dwel ings of three storeys height as a
permitted activity).
The IHP also recommended a number of changes to walking catchment boundaries in response to
topographical and natural hazard constraints in Thorndon, Aro Valley, Mt Cook, Newtown, Kelburn,
Johnsonvil e and Kilbirnie
There is local media interest in these matters as they have been among the most controversial issues during
the development of the 30 year spatial plan and district plan review process.
The Council wil make their decision on this IHP recommendation report on 14 March. If the Council does not
support the IHP recommendations it wil be referred to the Minister for the Environment as the final decision
maker under the RMA.
We wil keep you informed about how these issues play out as wel as other IPI processes in other parts of
the country.
Resource Management Reform Weekly Update | 5 February 2024
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Business Group: Environment Management and Adaptation
Owner: Linley Wilkinson, 022 493 0144
Pages 2 and 5 to 15 are out of scope of the request.
Resource Management Reform Weekly Update | 5 February 2024
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Urban Development on the Independent Hearings Panel’s Recommendations on
Wellington City Council’s Intensification Planning Instrument [HUD2024-003696].
10. The RMA sets out the process for ministerial decisions on IPIs under the intensification
streamlined planning process.
11. Any IHP recommendations accepted by a council become operative after notification.
Any rejected recommendations must be referred to the Minister, along with any
alternative recommendations if provided by the council.
12. Officials do not know how many decisions you will be required to make, nor the timing
and complexity of these. We will provide advice on rejected and any alternative
recommendations on a case-by-case basis.
13. Six Councils have completed their intensification streamlined planning processes, so far
of the six, Kāpiti Coast District Council is the only council to have rejected any IHP
recommendations. Only one recommendation was rejected by the KCDC. This
recommendation related to the rezoning of an area from rural lifestyle to residential. In
this case the previous Minister for the Environment accepted the recommendation of the
IHP. 1
Process for ministerial decisions on intensification planning
instruments
14. The RMA sets out the process for ministerial decisions on IPIs. The required actions for
councils, Ministry officials and the Minister are set out in Figure 1.
15. Officials have prepared a template for councils to record the rejected recommendations,
with reasons for rejection, and any alternative recommendations. When received we will
review this information as well as:
i.
the IHP report
ii.
relevant council reports such as section 42a (officer) reports, and section 32 reports
iii. submissions and evidence
iv. any other information the IHP and council took into consideration, including any
questions or clarification asked by the IHP.
16. Officials will assess this information against the purpose and intent of the NPS-UD and
MDRS and provide advice to you on the relevant recommendations.
1 The reasons given by the Minister were, the rezoning from lifestyle to residential aligned better with
central government direction through the NPS-UD to enable more intensive housing, and is a strategic
fit for greenfield development. The site enables 370 dwellings which is significant for the district. The
landowners commissioned various technical assessments so the sites features and constraints are
well understood and the site could be well-designed through existing processes.
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Figure 1: Process for Minister’s decisions on rejected recommendations for IPIs.
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Opportunities for Ministerial intervention under the Resource
Management Act 1991 (RMA)
25. The Minister for the Environment has a range of functions and powers under the RMA,
including:
i.
making decisions on national direction instruments3
ii.
monitoring the effect and implementation of the RMA system (including any
regulations in force under it) and national policy statements4.
26. Further information on these functions and powers is provided in Table 1 below.
Table 1: List of statutory functions and powers of the Minister for the Environment under the
RMA
Minister for the Environment’s Relevant
Description of functions and powers
statutory functions and
RMA
powers
section
Ability to investigate a local
24A
The Minister has the ability to initiate an
authority and make
investigation into the performance of a local
recommendations on its exercise
authority in implementing the RMA and, dependent
or performance and allows the
on the outcome of the investigation, can intervene.
Minister to take action under
This may include making recommendations to the
section 25 or 25A.
local authority on its exercise of functions, duties or
powers, or performance.
Ability to direct a local authority
25A
The Minister can direct a council to carry out a plan
to prepare a plan
change relating to its required functions in sections
change/variation in relation to
30 and 31. Of specific relevance is section
section 30 and 31 of the RMA.
31(1)(aa) which requires territorial authorities to
ensure that there is sufficient development capacity
in respect of housing and business land to meet the
expected demands of the district.
Ability to appoint one or more
25
Where the Minister finds that the local authority is
persons (eg, independent or a
not exercising or performing any of its functions,
central government official) to
powers or duties, the Minister has the ability to
exercise or perform all or any
appoint 1 or more persons to perform all of those
functions, powers and duties
functions, powers or duties in place of the local
under the RMA in place of the
authority.
local authority.
Powers to intervene in a matter
141
The Minister has the authority to intervene in a
also known as “call-in” or
matter by; making a submission, appointing a
“matters of National
project coordinator, requiring a joint hearing, or
Significance”. This power can be
appoint additional commissioners.
used for “matters” as defined
3 National direction instruments include national policy statements, national environmental standards,
national planning standards and other regulations under the RMA.
4 This power was used for Christchurch City Council’s non-notification of an intensification planning
instrument.
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under s141 (ie, resource
Note: this power is not directly related to IPI’s but
consents, plan changes).
can be used in relation to proposals that affect
housing and growth.
27. The statutory functions and powers summarised above are the responsibility of the
Minister for the Environment. You now have the responsibility for making decisions on
intensification streamlined planning processes under the RMA. If you wish to utilise any
of the above statutory functions and powers you will need to work with the Minister for
the Environment.
28. These powers can be used at any point in the plan change process.
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Next steps
29. We will continue to monitor the implementation of the NPS-UD and the MDRS and
where appropriate consult with the Ministry of Housing and Urban Development. We will
update you as any issues arise.
30. We are available to meet with you to discuss the contents of this aide memoire.
Signatures
Leah Clark
Acting Manager – Urban Implementation
1 March 2024
Hon Chris BISHOP
Minister Responsible for RMA Reform
Date
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Document Outline
