Notice Type
Departmental
Notice Title

The Resource Management (Direction to Canterbury Regional Council to Enter the Streamlined Planning Process for a Proposed Change to Chapter 6 of the Canterbury Regional Policy Statement) Notice 2020

Pursuant to clauses 78 and 79(2) of Schedule 1 of the Resource Management Act 1991, the Minister for the Environment gives the following notice.

Notice

1. Title and Commencement

(1) This notice is the Resource Management (Direction to Canterbury Regional Council to enter the Streamlined Planning Process for a proposed change to Chapter 6 of the Canterbury Regional Policy Statement) Notice 2020.

(2) This notice shall come into force 20 working days after publication.

2. Direction to Enter Streamlined Planning Process

Minister for the Environment’s Direction on the Application From Canterbury Regional Council (Operating as Environment Canterbury) to use a Streamlined Planning Process for a Proposed Change to Chapter 6 of the Canterbury Regional Policy Statement

The Minister for the Environment received an application from Canterbury Regional Council on 30 September 2019, pursuant to section 80C and clause 75 of Schedule 1 of the Resource Management Act 1991 (RMA), to use a streamlined planning process to prepare a planning instrument, being a change to Chapter 6 of the Canterbury Regional Policy Statement.

In accordance with clause 78 of Schedule 1 of the RMA, the Minister for the Environment directs that Canterbury Regional Council uses the following streamlined planning process for the proposed change to Chapter 6 of the Canterbury Regional Policy Statement.

 

Step

Timeframes

1

Undertake pre-notification consultation with Te Rūnanga o Ngāi Tahu (the iwi authority) and Ngāi Tūāhuriri (being a hapū of Ngāi Tahu) in accordance with clause 4A of Schedule 1 of the RMA.

To be completed no later than 15 working days after the date that this notice comes into force.

2

Publicly notify the proposed change to Chapter 6 of the Canterbury Regional Policy Statement for written submissions in accordance with clause 5 of Schedule 1 of the RMA.

A period of 20 working days for submissions must be specified in the public notice.

To be publicly notified no later than 20 working days after completion of pre-notification consultation (Step 1).

3

Provide an opportunity for written submissions in accordance with clause 6 of Schedule 1 of the RMA.

Public submissions to be received no later than 20 working days after public notification (Step 2).

4

Provide for a written recommendations report to be submitted for the Minister for the Environment’s consideration, showing how submissions have been considered and the changes (if any) recommended to the proposed planning instrument, including:

  1. The evaluation report under sections 32 and 32AA; and
  2. A report summarising how the persons making the recommendation have had regard to the evaluation report; and

The reports and documents required by clause 83(1) of Schedule 1 for the Minister’s consideration.

To be submitted to the Minister no later than 30 working days after the close of submissions (Step 3).

The total time period within which the streamlined planning process for the proposed change to Chapter 6 of the Canterbury Regional Policy Statement must be completed. The process is considered to be complete when the documents referred to in Step 4 above are submitted to the Minister for the Environment.

Steps 1–4 to be completed no later than 85 working days after this notice comes into force.

In accordance with clause 78(5) of Schedule 1 of the RMA, the Minister directs that Canterbury Regional Council engages an appropriately skilled independent commissioner to undertake a technical peer review of the recommendations report referred to in Step 4. The independent commissioner is required to produce a formal technical peer review report for Canterbury Regional Council. Canterbury Regional Council is required to demonstrate how the independent commissioner’s comments have been addressed or incorporated into their final recommendations report.


Statement of Expectations

The Minister for the Environment’s expectations for Canterbury Regional Council, are that in undertaking the streamlined planning process as directed:

  1. include in the proposed change policy direction for the Future Development Areas to provide higher density living environments, including mixed use developments and a greater range of housing types, and enables the efficient provision and use of network infrastructure.
  2. place on a publicly accessible website, the dates and anticipated timeframes for the process steps (and updates as necessary).
  3. make available on a publicly accessible website, all submissions received no later than five working days after the submission period closes.

Reporting Requirements

The Canterbury Regional Council shall provide a written report to the Minister for the Environment within 10 working days of the completion of each of steps 1 (pre-notification consultation) and 3 (submissions) above. These reports shall demonstrate compliance with the preceding steps and identify any issues which may affect the Council’s ability to comply with the Minister’s Direction.

Dated at Wellington this 23rd day of April 2020.

Hon DAVID PARKER, Minister for the Environment.

Notes

  1. This Direction must be complied with.
  2. Section 80B(2)(a) and (b) specifies all mandatory Schedule 1 requirements in any Streamlined Planning Process (to the extent they are applicable to the particular planning instrument).
  3. Clause 80 of Schedule 1 of the RMA provides the Minister with the ability to amend this Direction on his/her own initiative or following a request from the local authority.
  4. The Local Authority may, in accordance with clause 81 of Schedule 1 of the RMA apply in writing to the Minister for an extension of timeframes.
  5. Clause 89 of Schedule 1 of the RMA provides the Minister with the ability to revoke a Direction made under clause 78 of Schedule 1 of the RMA.
  6. Clause 88 of Schedule 1 of the RMA provides for the Council to withdraw the planning instrument at any time prior to the Minister making his/her decision on the proposed planning instrument under Clause 84 of Schedule 1 of the RMA.