District and Regional Plan Preparation and Review
Scope
This domain tests how policy statements and plans are prepared, changed, reviewed and given effect. Expect the RMA Schedule 1 sequence, the hierarchy of planning instruments, and the weight to be given to proposed versus operative provisions.
Core rules
- A regional policy statement is prepared under ss 59–62 and must state the significant resource management issues, objectives, policies and methods. Regional and district plans must give effect to it.
- District plans are prepared under ss 72–77 and must assist territorial authorities to carry out their functions. They must include objectives, policies, rules and methods, and must not be inconsistent with the RPS or any NPS.
- Schedule 1 sets the standard process: public notice, submissions (generally 20 working days), a summary of submissions, further submissions (generally 10 working days), a hearing, a decision, and appeals to the Environment Court within 30 working days.
- A plan change can be initiated by the council or requested privately. Variations can be introduced during the process. Section 79 requires district plans to be reviewed at least every 10 years.
- Under s 35, councils must monitor the effectiveness of their plans and the exercise of their functions.
Worked example
A council accepts a private plan change to rezone rural land for low-density residential use. It notifies the change and calls for submissions. After the hearing, the council issues a decision with reasons. A submitter appeals a minimum-lot-size provision. The Environment Court can confirm, amend or direct changes to the provision. Until the change is operative, the planner must consider whether the proposed provision has weight, and must not treat it as fully operative merely because a decision has been issued.
Traps
Treating a proposed plan as if it were operative; missing the further-submission step; assuming a private plan change is decided by the applicant; and forgetting that a plan review is not the same as a plan change.