Notice Type
Departmental
Notice Title

The Resource Management (Direction to Rotorua District Council to Enter the Streamlined Planning Process for a Proposed Change to the Rotorua District Plan—Plan Change 2: Pukehangi Heights) Notice 2019

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 Rotorua District Council to Enter the Streamlined Planning Process for a Proposed Change to the Rotorua District Plan—Plan Change 2: Pukehangi Heights) Notice 2019.

(2) This notice shall come into force on the date of gazettal.

2. Direction to Enter Streamlined Planning Process

Minister for the Environment’s Direction on the application from Rotorua District Council (operating as Rotorua Lakes Council) to use a Streamlined Planning Process for a proposed change to the Rotorua District Plan (Plan Change 2: Pukehangi Heights)

The Minister for the Environment received an application from Rotorua District Council on 12 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 known as proposed Plan Change 2: Pukehangi Heights, a plan change to the Rotorua District Plan.

In accordance with clause 78 of Schedule 1 of the RMA, the Minister for the Environment directs that Rotorua District Council uses the following streamlined planning process for proposed Plan Change 2: Pukehangi Heights.

  Step Timeframes
1. Publicly notify proposed Plan Change 2: Pukehangi Heights 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 10 working days after gazettal of the Direction.
2. 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 1).
3. Give public notice of submissions in accordance with clause 7 of Schedule 1 of the RMA (to the extent applicable under this Direction). Public notice to be given no later than 10 working days after the close of the public submissions period (Step 2).
4. Provide an opportunity for further submissions in accordance with clauses 8 and 8A of Schedule 1 of the RMA (to the extent applicable under this Direction). Further submissions to be received no later than 10 working days after public notice given (Step 3).
5. If considered appropriate (either following a request or on the initiative of Rotorua District Council), undertake resolution of disputes in accordance with clause 8AA of Schedule 1 of the RMA (to the extent applicable under this Direction). Step 6 to be commenced no later than 70 working days after the close of further submissions (Step 4).
6. Conduct a public hearing in accordance with clause 8B of Schedule 1 of the RMA (to the extent applicable under this Direction).
7.

Hearing panel to prepare a draft report showing how submissions have been considered and the changes (if any) recommended to proposed Plan Change 2: Pukehangi Heights. This report must:

  1. include how the hearing panel gave particular regard to the section 32 evaluation report and any additional report prepared under section 32AA (as may be relevant); and
  2. be prepared having regard to any report prepared under clause 8AA(5).
Steps 7 and 8 to be completed no later than 50 working days after commencement of the public hearing (Step 6).
8. Hearing panel to request and consider comments on the draft report prepared at Step 7 from Rotorua District Council, submitters and further submitters before finalising the report. The scope of comments is limited to identification and correction of minor or technical errors or omissions. Comments cannot be made on the hearing panel’s recommendation to the Minister for the Environment, or the reasons for its recommendation.
9. Provide for the Minister for the Environment’s consideration the final report from Step 8 and all other documents required by clause 83(1) of Schedule 1 of the RMA. To be submitted to the Minister no later than 10 working days after the completion of Steps 7 and 8.
The total time period within which the streamlined planning process for proposed Plan Change 2: Pukehangi Heights to the Rotorua District Plan must be completed. The process is considered to be complete when the documents referred to in Step 9 above are submitted to the Minister for the Environment. Steps 1–9 to be completed no later than 180 working days after gazettal of the Direction.
In accordance with clause 78(5) of Schedule 1 of the RMA, the Minister directs that the hearing panel convened to hear submissions under Step 6 must include at least one independent hearings commissioner.


Statement of Expectations

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

  • beginning no later than when proposed Plan Change 2: Pukehangi Heights is notified under Step 1, dates and anticipated timeframes for the steps in the streamlined planning process are identified (and updated as necessary) on a publicly accessible website so members of the public can be informed.
  • the following parties should be served notice of the proposed plan change when notified:
    • Bay of Plenty Regional Council
    • Ngāti Kea Ngāti Tuarā
    • Ngāti Whakaue
    • Ngāti Rangiwewehi
    • Ngāti Raukawa
    • Te Arawa Lakes Trust
    • Rotorua Lakes Strategy Group.
  • submissions and further submissions on the proposed Plan Change 2: Pukehangi Heights should be placed on a publicly accessible website within five working days after each submission period closes.
  • consideration be given to the skills required to appropriately consider the issues relevant to proposed Plan Change 2: Pukehangi Heights when appointing members of the hearing panel.
  • the recommended Plan Change 2: Pukehangi Heights should provide sufficient development capacity for a minimum housing yield of approximately 790 dwellings, comprising a mix of densities and typologies that will meet demand, while recognising the constraints that apply to the land that is subject to the rezoning.

Reporting Requirements

The Rotorua District Council shall provide a written report to the Minister for the Environment within 10 working days of the completion of the period for making further submissions (Step 4). The report 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 17th day of December 2019.

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.