Kia ora, 

 

We refer to your information request below. Hamilton City Council provides
the following response. 

 

Your request: 

 

Compliance of HCC Planning Rules with the National Policy Statement for
Indigenous Biodiversity (NPSIB) 2023, amended 2025.
([1]https://environment.govt.nz/publications...)

My request is in regards to
1. What specific planning provisions are in place at Hamilton City Council
to realise the Council’s compliance with the NPSIB guidelines and
regulations covering Implementation of Significant Natural Areas (SNAs).
In particular what planning provisions are there that meet the
requirements of:

NPSIB Part 3.15 (Managing adverse effects of established activities on
SNAs)

Subclause 1: specifically: What if any “established activities” have been
identified in the District Plan?

Subclause 2: specifically: What plans and policy statements, with
“objectives, policies, and methods” have been included in the District
Plan “TO ENABLE specified established activities or types of established
activities to continue where the effects of the activity on an SNA....:
a. are no greater in intensity, scale, or character over time than at the
commencement date; and
b. do not result in the loss of extent, or degradation of ecological
integrity, of an SNA”?

Subclause 4: specifically: What provisions are included within the
District Plan to ensure in SNAs the protection of “existing use rights
under sections 10 or 20A of the Act”?

NPSIB Part 3.21 (Restoration) - all subclauses but particularly:

Subclause 1: specifically: What plans and policy statements, with
“objectives, policies, and methods” have been included in the District
Plan “TO PROMOTE the restoration of indigenous biodiversity, including
through reconstruction of areas”?

Subclause 2: specifically: What “objectives, policies, and methods
prioritise.... for restoration]:
a. SNAs whose ecological integrity is degraded;
b. threatened and rare ecosystems representative of naturally occurring
and formerly present ecosystems; and
c. areas that provide important connectivity or buffering functions”?

Subclause 3: specifically: What considerations have been given to
“providing incentives for restoration in [the] priority areas referred to
in subclause (2)...”?

NPSIB Part 3.22 (Increasing indigenous vegetation cover)

Subclause 4: specifically: What objectives, policies, and methods in its
policy statements and plans including the District Plan, has HCC used to
promote the increase of indigenous vegetation cover in Hamilton City that
give priority to (Subclause 4b):
i. areas referred to in clause 3.21(2);
ii. ensuring indigenous species richness appropriate to the ecosystem;
iii. restoration at a landscape scale across the region; and
iv. using species, and seed from species, that are local to the area.?

 

Our response: 

 

1. What specific planning provisions are in place at Hamilton City Council
to realise the Council’s compliance with the NPSIB guidelines and
regulations covering Implementation of Significant Natural Areas (SNAs).
In particular what planning provisions are there that meet the
requirements of:

NPSIB Part 3.15 (Managing adverse effects of established activities on
SNAs)

Please note that Hamilton City Council’s recent Plan Change 9 (PC9 –
partially operative as of 11 March 2026) identified new Significant
Natural Areas and introduced changes to the district plan provisions which
were deemed consistent with the National Policy statement for Indigenous
Biodiversity (NPS-IB), despite the NPS-IB being gazetted after
notification of PC9.

 

For more information, please refer to the hearing panel decisions on PC9:
[2]https://hamilton.govt.nz/assets/Uploads/...

Subclause 1: specifically: What if any “established activities” have been
identified in the District Plan?

The NPS-IB does not require council to make a list of established
activities. The operative district plan manages existing uses. Please
refer to the activity status table in 20.3 for a list which includes
mention of existing uses and their respective status under the operative
district plan.

Subclause 2: specifically: What plans and policy statements, with
“objectives, policies, and methods” have been included in the District
Plan “TO ENABLE specified established activities or types of established
activities to continue where the effects of the activity on an SNA....:
a. are no greater in intensity, scale, or character over time than at the
commencement date; and
b. do not result in the loss of extent, or degradation of ecological
integrity, of an SNA”?

These matters are covered in the activity status table 20.3 in the above
questions. The relevant objectives and policies are found in section 20.2
of the Operative District Plan.

Subclause 4: specifically: What provisions are included within the
District Plan to ensure in SNAs the protection of “existing use rights
under sections 10 or 20A of the Act”?

Please note there are no provisions in the plan in relation to significant
natural heritage intended to affect existing use rights.

NPSIB Part 3.21 (Restoration) - all subclauses but particularly:

Subclause 1: specifically: What plans and policy statements, with
“objectives, policies, and methods” have been included in the District
Plan “TO PROMOTE the restoration of indigenous biodiversity, including
through reconstruction of areas”?

Please refer to Objective 20.2.1 of the operative district plan:
Significant Natural Areas are protected, maintained, restored and
enhanced.

Subclause 2: specifically: What “objectives, policies, and methods
prioritise.... for restoration]:
a. SNAs whose ecological integrity is degraded;
b. threatened and rare ecosystems representative of naturally occurring
and formerly present ecosystems; and
c. areas that provide important connectivity or buffering functions”?

Please refer to objectives and policies for natural environments in the
operative district plan (section 20.2)

Subclause 3: specifically: What considerations have been given to
“providing incentives for restoration in [the] priority areas referred to
in subclause (2)...”?

HCC has a rates remission policy applicable to Māori Freehold land with
natural features: [3]Rates-Remissions-and-Postponements-Policy.pdf

 

Further assistance is provided to privately landowners as part of the
Council’s Gully Restoration programme. For more information, you can visit
this link:
[4]https://hamilton.govt.nz/environment-and...

NPSIB Part 3.22 (Increasing indigenous vegetation cover)

Subclause 4: specifically: What objectives, policies, and methods in its
policy statements and plans including the District Plan, has HCC used to
promote the increase of indigenous vegetation cover in Hamilton City that
give priority to (Subclause 4b):
i. areas referred to in clause 3.21(2);
ii. ensuring indigenous species richness appropriate to the ecosystem;
iii. restoration at a landscape scale across the region; and
iv. using species, and seed from species, that are local to the area.?

 

Please refer to objectives and policies for natural environments in the
operative district plan in section 20.2, in particular the following
objectives and their related policies: objective 20.2.1 (Significant
Natural Areas are protected, maintained, restored and enhanced); objective
20.2.2 (significant habitat for long-tailed bats is protected and
enhanced); and objective 20.2.3 (public awareness and appreciation of
Significant Natural Areas and their values is increased).

 

Please note that policy 20.2.1k refers to the Nature in the City Strategy.
More information can be found here:
[5]https://hamilton.govt.nz/strategies-plan...

 

You have the right to seek an investigation and review by the Ombudsman of
this decision. Information about how to make a complaint is available at
[6]www.ombudsman.parliament.nz or freephone 0800 802 602. 

 

Ngaa mihi

Keeley Faulkner

Official Information Advisor & Legal Support Officer

Governance & Assurance Team | Partnerships, communication & Maaori

Email: [7][Hamilton City Council request email]

Hamilton City Council | Private Bag 3010 | Hamilton 3240 |
[8]www.hamilton.govt.nz
[9]http://data.hcc.govt.nz/branding/faceboo... us on Facebook
[11]http://data.hcc.govt.nz/branding/twitter... us on Twitter
This email and any attachments are strictly confidential and may contain
privileged information. If you are not the intended recipient, please
delete the message and notify the sender. You should not read, copy, use,
change, alter, disclose or deal in any manner whatsoever with this email
or its attachments without written authorisation from the originating
sender. Hamilton City Council does not accept any liability whatsoever in
connection with this email and any attachments including in connection
with computer viruses, data corruption, delay, interruption, unauthorised
access or unauthorised amendment. Unless expressly stated to the contrary
the content of this email, or any attachment, shall not be considered as
creating any binding legal obligation upon Hamilton City Council. Any
views expressed in this message are those of the individual sender and may
not necessarily reflect the views of Hamilton City Council.

 

 

From: Bruce MacKay <[13][FOI #34452 email]>
Sent: Friday, 10 April 2026 3:56 pm
To: Official Information <[14][Hamilton City Council request email]>
Subject: Official Information request - Compliance of HCC Planning Rules
with the National Policy Statement for Indigenous Biodiversity (NPSIB)
2023, amended 2025.

 

Dear Hamilton City Council,

Compliance of HCC Planning Rules with the National Policy Statement for
Indigenous Biodiversity (NPSIB) 2023, amended 2025.
([15]https://environment.govt.nz/publications...)

My request is in regards to
1. What specific planning provisions are in place at Hamilton City Council
to realise the Council’s compliance with the NPSIB guidelines and
regulations covering Implementation of Significant Natural Areas (SNAs).
In particular what planning provisions are there that meet the
requirements of:

NPSIB Part 3.15 (Managing adverse effects of established activities on
SNAs)

Subclause 1: specifically: What if any “established activities” have been
identified in the District Plan?

Subclause 2: specifically: What plans and policy statements, with
“objectives, policies, and methods” have been included in the District
Plan “TO ENABLE specified established activities or types of established
activities to continue where the effects of the activity on an SNA....:
a. are no greater in intensity, scale, or character over time than at the
commencement date; and
b. do not result in the loss of extent, or degradation of ecological
integrity, of an SNA”?

Subclause 4: specifically: What provisions are included within the
District Plan to ensure in SNAs the protection of “existing use rights
under sections 10 or 20A of the Act”?

NPSIB Part 3.21 (Restoration) - all subclauses but particularly:

Subclause 1: specifically: What plans and policy statements, with
“objectives, policies, and methods” have been included in the District
Plan “TO PROMOTE the restoration of indigenous biodiversity, including
through reconstruction of areas”?

Subclause 2: specifically: What “objectives, policies, and methods
prioritise.... for restoration]:
a. SNAs whose ecological integrity is degraded;
b. threatened and rare ecosystems representative of naturally occurring
and formerly present ecosystems; and
c. areas that provide important connectivity or buffering functions”?

Subclause 3: specifically: What considerations have been given to
“providing incentives for restoration in [the] priority areas referred to
in subclause (2)...”?

NPSIB Part 3.22 (Increasing indigenous vegetation cover)

Subclause 4: specifically: What objectives, policies, and methods in its
policy statements and plans including the District Plan, has HCC used to
promote the increase of indigenous vegetation cover in Hamilton City that
give priority to (Subclause 4b):
i. areas referred to in clause 3.21(2);
ii. ensuring indigenous species richness appropriate to the ecosystem;
iii. restoration at a landscape scale across the region; and
iv. using species, and seed from species, that are local to the area.?

Yours faithfully,

Bruce MacKay

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[16][FOI #34452 email]

Is [17][Hamilton City Council request email] the wrong address for Official
Information requests to Hamilton City Council? If so, please contact us
using this form:
[18]https://fyi.org.nz/change_request/new?bo...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[19]https://fyi.org.nz/help/officers

If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.

-------------------------------------------------------------------

References

Visible links
1. https://environment.govt.nz/publications...
2. https://hamilton.govt.nz/assets/Uploads/...
3. https://hamilton.govt.nz/assets/Uploads/...
4. https://hamilton.govt.nz/environment-and...
5. https://hamilton.govt.nz/strategies-plan...
6. http://www.ombudsman.parliament.nz/
7. mailto:[Hamilton City Council request email]
8. http://www.hamilton.govt.nz/
9. http://www.facebook.com/HamiltonCityCoun...
10. http://www.facebook.com/HamiltonCityCoun...
11. http://www.twitter.com/CouncilHamilton
12. http://www.twitter.com/CouncilHamilton
13. mailto:[FOI #34452 email]
14. mailto:[Hamilton City Council request email]
15. https://environment.govt.nz/publications...
16. mailto:[FOI #34452 email]
17. mailto:[Hamilton City Council request email]
18. https://fyi.org.nz/change_request/new?bo...
19. https://fyi.org.nz/help/officers