This is the fifth in Buddle Findlay's series of articles about the new planning and environment system under the Planning Act and Natural Environment Act.

What is a regional combined plan?

Ministers Hon Chris Bishop and Simon Court have described regional combined plans as one of the major features of the new system: 1 

"Fewer, faster plans: more than 100 existing plans will be reduced to 17 regional combined plans that bring together spatial, land use and natural environment planning in one place, making it easier for New Zealanders to know what they can do with their property."

The new legislation requires there to be a regional combined plan for each region, consisting of:

  • The regional spatial plan (RSP) for the region (discussed in our fourth article in this series)

  • The natural environment plan (NEP) for the region, broadly equivalent to a regional plan under the RMA, its purpose being to "enable and regulate the use, protection, and enhancement of natural resources within a region" and to assist regional councils in carrying out their functions and duties

  • A land use plan (LUP) for each district within the boundaries of the region (or a joint land use plan prepared, implemented and administered by two or more local authorities in respect of their combined areas).  Similar to district plans under the RMA, the purpose of a land use plan is to "enable and regulate the use and development of land within a district (including subdivision and activities on the surface of water bodies)"

  • The land use plan for the coastal marine area (CMA LUP) within the boundaries of the region, to "enable and regulate activities, and the use and development of land, in the coastal marine area within a region" (broadly equivalent to a regional coastal plan under the RMA).

The LUPs and NEPs must include objectives, policies, rules, a relief framework and 'standardised' plan provisions.  They may also include methods (which could include incentives for landowners), 'bespoke' plan provisions 2 and provisions on 'specified topics'.

A standardised plan provision is defined as a plan provision contained in national standards that the standards require or authorise to be included in an RSP or LUP (or NEP under the Natural Environment Act).  Councils must not amend standardised plan provisions.

A bespoke plan provision is defined as a plan provision that is not a standardised plan provision and includes a plan provision that is authorised by national standards.  Bespoke plan provisions can only be included in an LUP or NEP if a national instrument authorises a regional council (in the Natural Environment Act) or local authority (in the Planning Act) to prepare them or does not preclude the regional council or local authority from including them.

A specified topic under the Natural Environment Act includes a site of significance to Māori and terrestrial indigenous biodiversity to the extent it relates to an identified area.  Under the Planning Act it includes a site of significance to Māori, significant historic heritage, outstanding natural landscapes and features and areas of high natural character.  The regulatory relief framework tied to specified topics will be addressed in a future article.

What is the process for regional combined plans?

Regional councils are ultimately responsible for publishing their regional combined plan, however a considerable amount of cross-entity coordination will be required between the spatial plan committee (charged with the preparation of the RSP), territorial authorities (responsible for preparing the LUPs) and the regional council itself (responsible for preparing the NEP and CMA LUP and, eventually, the whole regional combined plan).

Before notifying an NEP, LUP or CMA LUP, a council must prepare an evaluation report (similar to the current s 32 report under the RMA) which evaluates the proposed plan against a regional spatial plan and national policy direction.  A separate justification report will also be required where a plan includes a bespoke provision or a provision on a specified topic.

A council can choose to notify a proposed plan for targeted (as opposed to public) submissions if the proposed plan is a plan change or variation and the authority is satisfied that it can identify all persons directly affected.  The closing date for submissions must be at least 20 working days after the proposed plan is notified – compared to 40 working days under the RMA.  The council's decision on the plan must be published within 12 months after the date the proposed plan was notified.

How can submitters appeal and what are the limitations?

Submitters can still appeal to the Environment Court against a council's decision on an NEP, LUP or CMA LUP, however where the appeal is on a decision to include a standardised plan provision or exclude a provision or matter from a proposed plan, appeals are limited to questions of law only.  The same limitation does not apply to appeals against decisions to include bespoke provisions or a relief framework in a plan.  The different approaches emphasise the new system's preference for greater standardisation.

Submitters can also appeal against a decision made by a designating authority.  No appeal can seek the withdrawal of the plan as a whole (unless the plan is a plan change, private plan change or variation).

When will we start to see the regional combined plans?

Not for a while.  For a regional council to publish a regional combined plan, all four separate plans under the combined plan must be operative (or include provisions that are operative even if other provisions are not yet operative).

NEPs and LUPs must be notified within nine months after decisions on the RSPs are made (which, as set out in our previous article, are not expected for at least several years).

Following notification of those plans (and decisions on all RSPs) a specified transition date can be set by Order in Council (either nationally or to specified regions or areas).  From that date the RMA ceases to apply, the new Natural Environment Act and Planning Act apply, and all decided NEPs and LUPs are operative.  There is no specified timeframe as to when a RSP must be published and NEPs and LUPs may be operative prior to this publication.

Conclusion

To achieve the 'one stop shop for property owners' envisioned by the Ministers, a lot of work and collaboration across councils and committees will be required, and in tight timeframes.  For all those involved – iwi, communities, submitters and local authorities – this will be a significant process to navigate.  There is a clear drive for national consistency across the plans and national direction and regulation will play a big part in achieving this.  Given the significant workload ahead and complex issues that these plans will grapple with, councils, and all those interested in these plans, are starting their thinking now.

1 A better planning system for a better New Zealand | Beehive.govt.nz
2 For a land use plan for a district a plan may also include designations un accordance with Sch 5 of the Planning Act.