28 November 2025
Craig Innes
[FYI request #32909 email]
Tēnā koe Craig,
Request for Information – Local Government Official Information and Meetings
Act (LGOIMA) 1987
We refer to your official information request dated 19 November 2025, seeking a
copy of the Plan Stop Exemption Application and al information provided to
elected members about the process. Specifical y, you requested:
“Please provide a copy of the application together with copies of all
information supplied to elected members.”
Answer:
Please find attached a copy of the document titled
Hutt City Council – Plan Stop
Exemption Application. Please note that some contact details have been
withheld in the attached document to protect individual privacy, in accordance
with section 7(2)(a) of the LGOIMA.
The only other information provided to elected members was a short verbal
update at a briefing on 3 November 2025. At that meeting, they were told the
application had been submitted and Council was waiting for a response.
You have the right to seek an investigation and review by the Ombudsman of this
response. Information about how to make a complaint is available at:
Office of
the Ombudsman - Complaints, or freephone 0800 802 602.
30 Laings Road, Lower Hutt
[email address]
/
Private Bag 31912, Lower Hutt 5040
huttcitycouncil
0800 488 824
www.huttcity.govt.nz
▲The pattern at the top of this page is inspired by the natural landforms, hil s, river, and coastline surrounding Lower Hutt. It represents our people, our place, and our home.
Please note that this response to your information request may be published on
Hutt City Council’s website:
Proactive releases - Hutt City Council. Ngā mihi nui
Rebekah van der Splinter
Senior Advisor, Official Information and Privacy
P.2
1987
ACT
Plan Stop Exemption
Application – Hutt City Council
MEETINGS
AND
1.
Council information
Council name
Hutt City Council
Contact person
Tim Johnstone
INFORMATION
Position
Head of Planning
Email / phone
E: [email address] and P: s7(2)(a)
OFFICIAL
2.
Details of proposed planning instrument
Title of proposed plan or policy
Proposed Lower Hutt District Plan (Proposed District Plan)
statement change
Title of relevant planning instrument City of Lower Hutt District Plan (Operative District Plan)
(plan or policy statement being
GOVERNMENT
amended)
Link to relevant planning instrument City of Lower Hutt Operative District Plan (e-plan)
(or attach a copy to the application
form)
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Link to proposed plan or policy
Proposed Lower Hutt District Plan (e-plan)
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statement change (or attach a copy
to the application form), if applicable
Stage of process (e.g., council
Submissions and further submissions on the Proposed
approved, pre-notification, notified,
District Plan have closed. A panel of independent
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submissions received, etc.)
commissioners has been appointed to hear submissions,
and hearings were expected to begin September 2025.
Date of notification, if applicable
6 February 2025
Application for plan stop exemption – Hutt City Council
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3. Brief description of the proposed plan or
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policy statement change and its scope
ACT
The Proposed District Pan was notified on 6 February 2025. This represents the first full review of
the Lower Hutt District Plan in over 20 years.
The Proposed District Plan is well-progressed, with significant time and money already being
invested in the process by Council, the community and stakeholders, including people who have
taken the time to get involved in the process and make submissions.
MEETINGS
The Operative District Plan was made fully operative in 2004 and has since been updated as needed
via a rolling review. There has been a total of 50 plan changes1.
AND
While the rolling review process has addressed some deficiencies, there are outstanding deficiencies
that the Proposed District Plan review sought to resolve.
In 2019 the Council resolved to undertake a full District Plan review in order to:
Comply with the RMA which requires a review of district plan provisions within 10 years of the
provisions being operative. The rolling review had allowed some provisions to be reviewed, but
not for others, resulting in deficiencies.
The Operative District Plan was outdated and needed to give effect to highe
INFORMATION r order documents,
such as the Regional Policy Statement and National Policy Statements.
The Operative District Plan did not conform with the structure and format set by National
Planning Standards (gazetted 2019).
A comprehensive full District Plan review process provides opportunities to reflect and give
effect to strategic goals and aspirations of the Lower Hutt community.
OFFICIAL
Over the last six years Council has undertaken significant work to inform its District Plan review
process, including:
Reviewing the efficiency and effectiveness of the Operative District Plan.
Engagement with Mana Whenua.
Engagement with the community and stakeholders, including targeted engagement on specific
topics (e.g. business groups on enabling development and land uses) and community wide
engagement through a non-statutory ‘draft’ District Plan.
Expert technical assessments to inform evaluations and provide robust evidence base.
GOVERNMENT
The District Plan review process would be further advanced (and possibly complete) if Hutt City
Council had not been delayed by the Government’s directions in 2021 that required tier one councils
to implement the intensification policies in the National Policy Statement on Urban Development
and to introduce the new Medium Density Residential Standards to their district plans. Hutt City
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Council was one of the first councils in New Zealand, and the first city council, to implement these
requirements through Plan Change 56, which came into effect in 2023.
THE
For more details on the District Plan review process, community engagement and technical advice
and reasons for the proposed changes please refer to the Council’s website for all s32 reports and
technical advice: https://www.huttcity.govt.nz/council/district-plan/district-plan-review/section-
32-evaluation-reports-and-technical-assessments
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The output from the review is a full replacement Proposed District Plan.
1 https://www.huttcity.govt.nz/council/district-plan/district-plan-changes/completed
2
Application for plan stop exemption – Hutt City Council
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The Proposed District Plan contains the following key changes:
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Alignment of the Zones with the National Planning Standards.
Applying the Zones to existing and new centres and development areas to provide greater ACT
development opportunities and economic growth.
Enabling and protecting industrial areas for industrial and business activities, support
economic development and employment opportunities.
Better managing development, subdivision and land use activities in areas subject to
significant natural hazard risks (tsunami, coastal flooding, river and rainfall flooding, major
fault lines).
New and updated designations for infrastructure.
MEETINGS
The Proposed District Plan also enables greater levels of housing developments in addition
to the recent plan changes 562 and 583. The Proposed District Plan provides for increased
housing opportunities in the Large Lot Residential, Rural Lifestyle and Geneal
AND Rural Zones.
In addition, through submissions on the Proposed District Plan, developers and property
owners have requested rezoning of land and provisions for further intensification.
Scope of proposed Plan Stop exemption
The Council is seeking a Plan Stop exemption through this application for all chapters and provisions
in the Proposed District Plan, except for the following chapters and provisions which are proposed
to be withdrawn from the Proposed District Plan:
INFORMATION
Historical and Cultural Values chapters, schedules and overlays:
Historical Heritage
Sites and Areas of Significance to Māori
Natural Environment Values chapters, schedules and ov
OFFICIAL erlays:
Ecosystems and Indigenous Biodiversity
Natural Character
Natural Features and Landscapes
Public Access
Non-hazard parts of the Coastal Environment chapter and associated schedules
and overlays (relating to coastal natural character)
GOVERNMENT
Parts relating to Highly Productive Land
In addition, parts of other chapters that address historical heritage, sites of significance to Māori,
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ecosystems and indigenous biodiversity, natural character of coastal and riparian margins, natural
features and landscapes, public access, coastal natural character areas and highly productive land
would also be withdrawn.
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2 https://www.hut
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requirements-for-housing-intensification
3 https://www.huttcity.govt.nz/council/district-plan/district-plan-changes/completed/proposed-private-district-plan-
change-58
Application for plan stop exemption – Hutt City Council
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The provisions of the current Operative District Plan that address these matters would be retained
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and continue to have effect alongside the Proposed District Plan (effectively retaining the existing
District Plan approach for these matters while introducing the new approach of the Proposed ACT
District Plan for all other matters).
The above parts that are proposed to be withdrawn reflect the direction of the Government’s
Resource Management Reforms in terms of removing and reducing regulation relating to the
protection of aspects of the environment on private property (such as regulation of cultural,
heritage and natural values). Those topics will be revisited fol owing that legislative reform.
MEETINGS
The remaining parts of the Proposed District Plan proposed for exemption through this application
are well aligned with many Government priorities relating to providing for urban growth and
development and a wide range of land uses throughout Hutt City along with th
AND e associated
infrastructure needs.
A full withdrawal of the Proposed District Plan would mean the wide-ranging planning
improvements that would be introduced (as well as through amendments requested by submitters)
would either not take place or would be delayed a number of years until a future planning process
following legislative reform.
An exemption approval from the Minster should allow discretion for Council and the hearing panel
for the Proposed District Plan to make a variety of consequential changes to th
INFORMATION e Proposed Plan to
ensure that there is a coherent planning framework in place as a result of those parts of the
Proposed District Plan to be withdrawn as noted above.
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GOVERNMENT
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Application for plan stop exemption – Hutt City Council
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4.
Grounds for exemption request
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Section 80W lists the criteria the minister may consider for granting an exemption. Select any that
apply and explain how the plan or policy statement change will meet the criteria.
ACT
The relevant criteria for this exemption are:
(b) rectify any provisions in a plan or policy statement that have had unintended
consequences, are unworkable, or have led to inefficient outcomes.
(d) better enable climate change to be managed.
MEETINGS
(h) enable work to be progressed that, for any other reason, the minister considers
appropriate.
Criteria (b) rectify any provisions in a plan or policy statement that have had
AND unintended
consequences, are unworkable, or have led to inefficient outcomes
The Proposed District Plan has been prepared as a fully integrated and comprehensive planning
document to replace the Operative District Plan.
The Operative District Plan, particularly the Zone chapters (called Activity Areas) and District-Wide
chapters (e.g. noise, hazardous facilities, earthworks) have not been reviewed since they were first
developed in the 1990s. For example, the hazardous facilities chapter was developed prior to many
of the hazardous substances regulations being developed under the Hazardous Su
INFORMATION bstances and New
Organisms Act 1996 and Health and Safety at Work Act 2015. Other examples include the noise and
transport provisions referring to superseded and out-of-date New Zealand Standards which are no
longer in effect. Cumulatively, the zone and district-wide chapters are out-of-date and impose
unnecessary, impractical or overly prescriptive controls.
OFFICIAL
The Proposed District Plan contains new provisions that are simpler, are consistent with other
recent District Plans in the Wellington region providing for efficiencies, and enable more efficient
use of land.
Refer to the Section 32 Reports for the zone and district-wide chapters for further details on the
inefficient outcomes and provisions proposed to be replaced.
Criteria (d) better enable climate change to be managed
The Proposed District Plan contains new or ame
GOVERNMENT nded natural hazard provisions that better manage
the impacts of climate change, such as flooding, coastal erosion and inundation.
The natural hazard provisions in the Proposed District Plan are automatically exempt under Section
80U(2)(f) of the RMA. In addition to the natural hazard provisions, the following chapters and
LOCAL
provisions (generally) enable climate change to be better managed:
Zoning patterns that encourage development to be located in areas where a greater proportion
THE
of trips can be made through public and active transport modes.
New provisions to enable hazard mitigation works and green infrastructure.
A new Three Waters chapter with requirements for hydraulic neutrality and water-sensitive
urban design in new developments.
New prov
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Provisions to enable new renewable electricity generation activities.
Application for plan stop exemption – Hutt City Council
5
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1987
Criteria (h) enable work to be progressed that, for any other reason, the minister considers
appropriate.
ACT
As detailed further below in this application, the Proposed District Plan aligns with many
government priorities. These priorities include:
• Accelerating housing supply and providing for intensification: The Zone chapters, particularly
the Residential, Commercial and Rural Zones provide increased opportunities and development
capacity for housing, including intensification of existing urban areas around existing and
planned transport and infrastructure upgrades. Specific provision is also made for papakainga
MEETINGS
development throughout the city. The Proposed District Plan provides for long term
development capacity, with a realisable capacity of more than 17,000 dwellings. This aligns with
the Government’s Going for Housing Growth priority.
AND
• Supporting businesses, economic growth and employment opportunities: The Proposed
District Plan contains a new zoning framework for business land which supports a wide range of
land use (business) activities. It removes unnecessary controls and requirements that are in the
Operative District Plan as they are no longer considered necessary. The Proposed District Plan
also contains provisions which protect businesses and industries from new sensitive activities
establishing nearby which could constrain the operation or expansion of these businesses or
industries in the future.
• Enabling infrastructure development: The District-Wide chapters, particularly the
Infrastructure, Transport, Three Waters and Renewable Electricity Generation chapters enable
INFORMATION
and support the development of a wide range of infrastructure. This includes enabling upgrades
and expansion of existing infrastructure, as well as the establishment of new infrastructure. The
Proposed District Plan also contains new Special Purpose Zones that provide for and support
specific types of infrastructure or infrastructure related activities. These include the Hospital
Zone, Quarry Zone, Seaview Marina Zone and Tertiary Education Zone. These zones apply to
well-established facilities and infrastructure and provide for their ongoing use, development
OFFICIAL
and expansion.
• Enabling infrastructure development (Designations): As part of the Proposed District Plan
process, Council is obliged to notify Requiring Authorities and confirm whether they seek to
rollover or modify existing designations, and whether they seek any new designations.
Designations authorise, enable and protect infrastructure development. Council has received
rollover notices or modifications for existing designations, as well as notices for new
designations from Greater Wel ington Regional Council, Ministry of Education and Hutt City
Council / Wellington Water Limited. New designations are sought for flood protection works,
three-water-waters infrastructure (wastewater pump stations, water supply reservoirs) and
GOVERNMENT
schools. An exemption would enable these designations and notices to continue through the
Proposed District Plan process which would support and enable infrastructure development.
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Application for plan stop exemption – Hutt City Council
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• Alignment with recent National Direction: The Zone and District-Wide chapters align with
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recent National Policy Statements (NPSs) and National Environmental Standards (NESs). They
remove duplication and conflict between the NESs and the Operative District Plan, and
implement NPS policy direction. For example, the Proposed District Plan does not duplicate ACT
provisions from the recent amendments to the National Environmental Standard for
Telecommunication Facilities for roadside cabinets and poles. The Proposed District Plan also
implements policy direction in the NPS for Renewable Electricity Generation which would
contribute towards the government’s goal of 90% renewable electricity generation by 2025 and
has an aspirational goal of reaching 100% renewable electricity by 2030.
• Realise existing investment by Council, submitters and community in Proposed District Plan
MEETINGS
process: Continuing with the Proposed District Plan process enables the existing investment in
time and costs to be realised. The Council has committed significant time and costs to the
Proposed District Plan over the last few years, and an exemption would enable the benefits from
AND
this process to be realised (see discussion on benefits further below). Also, submitters on the
Proposed District Plan have invested time and costs in preparing submissions to seek particular
outcomes. For example, requests to rezone land to further increase development capacity. An
exemption would enable consideration of these submissions and the aspirations from
submitters to be realised.
INFORMATION
5.
Timing and urgency
Explain any time-critical need to proceed with the plan change before the transition under the RMA
reform process.
OFFICIAL
The Operative District Plan has been updated on a rolling review basis, since 2004, which has left
some provisions untouched and outdated.
The Proposed District Plan is well-progressed, with significant time and money already being
invested in the process by Council, the community and stakeholders, including people who have
taken the time to get involved in the process and make submissions.
The Proposed District Plan contains numerous and wide-ranging improvements to the planning
GOVERNMENT
framework for Lower Hutt. The sooner this planning framework takes effect, the sooner these
improvements and associated benefits will be realised.
A withdrawal of the Proposed District Plan would mean the planning improvements that would be
introduced through the Prop
LOCAL osed District Plan (as well as through amendments requested by
submitters) would either not take place or would be delayed until a future planning process.
The Proposed Distri
THE ct Plan is at advanced stage. Substantial foundation work and the submission
process for the Proposed District Plan is complete. The community and stakeholders have been
invested in this process since 2023. If the exemption application is granted the Council would be in
a position to have decisions on submissions notified by early 2027.
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Completing the statutory process for the Proposed District Plan can be done in a timely manner and
without compromising Council’s ability to effectively plan for and work towards the transition to the
new planning system.
Application for plan stop exemption – Hutt City Council
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Council could have chosen to proceed with only those provisions in the Proposed District Plan that
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have an automatic exemption – i.e. the natural hazard provisions. However, Council considers only
proceeding with the natural hazard provisions is a poor planning approach as these provisions have ACT
been developed as part of a fully integrated package in the Proposed District Plan. If Council was to
proceed with only the natural hazard provisions, the most efficient and effective approach would
be to withdraw the full Proposed District Plan and notify a plan change to the Operative District Plan
solely relating to natural hazards. This alternative approach adds time and costs, requires another
submission and further submission process, and does not achieve the overall benefits of proceeding
with this exemption as set out in this application.
MEETINGS
6.
Alignment with Government priorities
AND
Explain how the proposed plan supports national direction, legislative intent or critical local needs.
The Proposed District Plan supports and aligns with numerous government priorities:
1. Consistency with national direction: The Proposed District Plan gives effect to the current series
of National Policy Statements and is consistent with and does not duplicate National
Environmental Standards. The Proposed District Plan fully implements the National Planning
Standards achieving consistency with all other District Plans in the Wellington region and
INFORMATION
nationwide. It increases development capacity for housing and business growth, and enables
the delivery of necessary infrastructure, including increased generation of renewable electricity.
It also safeguards the environment and human health (e.g. better manages risks associated with
hazardous facilities), reduces risks from natural hazards and the effects of climate change (e.g.
adopts latest flood modelling). It is also aligned with recent Government priorities, such as Going
for Housing Growth, by providing for increased housing
OFFICIAL supply and making efficient use of
infrastructure. The exemption application excludes the parts of the Proposed District Plan that
the government has indicated will not be the responsibility of City/District Councils in the RMA
reform i.e. historic heritage. Noting all of the above, this exemption application is well aligned
with current national direction and Government priorities and the overall objectives for the
RMA reforms.
2. Intent of the Legislation: The intent of the plan stop is to ensure that local authorities do not
expend resources unnecessarily between now and when the new RMA replacement legislation
comes into force. As outlined earlier in t
GOVERNMENT his application, Hutt City Council has carefully
considered and only selected those parts of the Proposed District Plan to proceed with that
would make a material difference to realising the benefits of the new planning framework that
has been signalled by the Government. This considered approach minimises costs and saves
time with completing the Proposed District Plan process. It also enables the Council to be in a
LOCAL
position to quickly and efficiently implement the new planning regime once the new legislation
is in force. THE
3. Local Needs: The Council has worked with the local community, including businesses, residents,
iwi and government agencies in reviewing the District Plan and preparing the Proposed District
Plan. Through the submission process the community has highlighted further ways the Proposed
District Plan can address local needs. This could be site-specific responses (e.g. rezoning
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requests) or addressing city-wide issues (e.g. affordable housing). The Council considers
completing the Proposed District Plan process would enable these local needs to be further met.
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Application for plan stop exemption – Hutt City Council
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7.
Consequences of not proceeding
1987
Describe the risks or impacts if the exemption is not granted (such as housing shortfalls, hazard
exposure or legal obligations).
ACT
The community, stakeholders and mana whenua have been actively consulted and engaged
throughout the Proposed District Plan process, with over 500 submissions and further submission
made.
If the Proposed District Plan does not proceed, those who have participated, particularly those
MEETINGS
who have made a submission and invested in expert technical advice, will have incurred costs
without seeing anticipated outcomes. This could lead to frustration and disappointment among
stakeholders and may damage trust in the Council’s commitment to collaborative planning and
AND
transparent decision-making. The effort, time and resource already expended on this significant
District Plan review process would be lost.
Withdrawing the Proposed District Plan would mean some submitters would no longer have the
opportunity to seek the outcomes they would like to achieve through their submissions (or would
have these delayed until a future planning process). This would have a large impact on development
in the District.
Developers may need to lodge private plan change requests, which are costly and time-consuming.
INFORMATION
They would also be subject to the process of consultation including submissions and further
submissions, which has already occurred under this process. In the face of new legislation expected
in mid-2026, it provides uncertainty, and this will result in development halting across the district
while the industry waits for this to be resolved at a national level.
Infrastructure providers would need to lodge notices of requirement separately, rather than
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benefiting from integrated designation process as part of the Proposed District Plan.
Continuation of the Operative District Plan for a longer period with its inefficient and ineffective
provisions will add unnecessary time, costs and uncertainty for land and housing development and
businesses.
Failure to proceed with the Proposed District Plan means that these identified deficiencies will not
be resolved, leading to ongoing poor planning outcomes. For example, the risks from natural
hazards are not currently being fully and effective
GOVERNMENT ly managed.
The many planning improvements included in the Proposed District Plan, such as increased housing
capacity, better infrastructure provisions, and improved management of natural hazards, and
climate change impacts would
LOCAL be significantly delayed from having effect.
THE
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Application for plan stop exemption – Hutt City Council
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8. Benefits of proceeding
1987
Describe the benefits (if any) of proceeding with the exemption.
ACT
The progression of the identified parts of the Proposed District Plan for exemption would allow
Lower Hutt to enable and achieve improved planning outcomes. The Proposed District Plan chapters
would introduce provisions that support increased housing capacity, a broader range of land uses,
enhance industrial development capacity, including protection for hazardous facilities, provide for
new infrastructure and community facilities through updated designations, and improve
management of natural hazards and climate change impacts.
MEETINGS
The inefficiencies of the Operative District Plan have been identified, and the solutions to these have
been proposed through the Proposed District Plan. There are key issues that need to be resolved
AND
now. The are clear and wide-ranging benefits with proceeding the identified parts of the Proposed
District Plan including:
Increased housing supply and opportunities for development, including those sought
through submissions.
Greater development opportunities that support businesses, economic growth and
employment opportunities.
INFORMATION
Reduced consent requirements and removing unnecessary and restrictive requirements for
developments.
Reduced uncertainty and delays for developers and infrastructure providers.
Enabling infrastructure providers to utilise the designation process as part of the Proposed
OFFICIAL
District Plan process, saving time and costs.
Better management of risks from natural hazards, reducing harm to people, property and
the environment.
Respecting and supporting the community and stakeholders who have invested time and
resources into the process to date.
GOVERNMENT
9.
Supporting documents
Include any relevant maps, reports, legal advice or community engagement summaries. It would be
helpful to understand if any stakeholder consultation, including tangata whenua engagement, has
LOCAL
occurred on the proposal. If available, you may wish to supply a s32 report.
Links to publicly available supporting information:
THE
District Plan Review webpage. Includes links to background information, Proposed District Plan,
designation rollover notices and Notices of Requirements, and submissions received.
Evaluation Re
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Assessments
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Application for plan stop exemption – Hutt City Council
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MEETINGS
AND
INFORMATION
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GOVERNMENT
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