Notice Type
Departmental
Notice Title

The Resource Management (Direction to Hastings District Council to Enter the Streamlined Planning Process for a Variation to its Proposed District Plan – Iona Rezoning Variation) Notice 2018

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 Hastings District Council to enter the Streamlined Planning Process for a Variation to its Proposed District Plan – Iona Rezoning Variation) Notice 2018.

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

2. Direction to enter Streamlined Planning Process

In accordance with clause 78 of Schedule 1 of the Resource Management Act 1991, the Minister for the Environment directs that the following streamlined planning process is used for the Iona Rezoning Variation to the Hastings Proposed District Plan:

Minister for the Environment’s Direction on the Application From Hastings District Council to Use a Streamlined Planning Process for a Variation to its Proposed District Plan (Iona Rezoning Variation)

The Minister for the Environment received an application from Hastings District Council on 16 August 2017, 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 the Iona Rezoning Variation.

In accordance with clause 78 of schedule 1 of the RMA the Minister directs that Hastings District Council uses the following streamlined planning process for the proposed Iona rezoning variation:

  Step Timeframes
1 Undertake pre-notification requirements with iwi authorities in accordance with clause 4A of Schedule 1 of the RMA. To be completed no later than 15 working days after gazettal of the Direction.
2 Publicly notify the Iona Rezoning Variation for written submissions in accordance with clause 5 of Schedule 1 of the RMA. A minimum period of twenty working days for submissions must be specified in the public notice. To be completed no later than 10 working days after completion of Step 1.
3 Provide an opportunity for written submissions under 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 Conduct a public hearing under clause 8B of Schedule 1 of the RMA (to the extent applicable under this Direction). Hearing to commence no later than 20 working days after close of submissions (Step 3).
5

Hastings District Council to provide a written report showing how submissions have been considered and the changes (if any) recommended to the proposed planning instrument:

  1. the evaluation report under section 32 and 32AA; and
  2. a report summarising how the persons making the recommendation have had regard to the evaluation report; and
  3. the reports and documents required by clause 83(1)

for the Minister’s consideration.

To be provided to the Minister for the Environment no later than 40 working days after completion of hearing (Step 4).
Total time period within which the Streamlined Planning Process for the Proposed Iona Rezoning Variation must be completed. Steps 1–5 to be completed no later than 6 months 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 5 must include at least one independent hearings commissioner.

Statement of Expectations

The Minister for the Environment’s expectations for Hastings District Council are that in undertaking the Streamlined Planning Process as directed:

  1. All of the parties to the Iona Hill Appeal (ENV-2015-WLG-000061) and the Iona Triangle Appeal (ENV-2015-WLG-000062) on the Proposed Hastings District Plan should be served notice of the Proposed Iona Rezoning Variation once publicly notified.
  2. The Hawke’s Bay Regional Planning Committee is served notice of the Proposed Iona Rezoning Variation once publicly notified.
  3. Submissions on the Proposed Iona Rezoning Variation should be placed on a publicly accessible website by the Council within 5 working days of submissions closing.
  4. Hastings District Council provides identified dates on its website to match the Direction once gazetted so members of the public can be informed about the actual anticipated timeframes of the streamlined planning process.
  5. The Proposed Iona Rezoning Variation should provide sufficient development capacity for a housing yield of at least 390–400 dwellings.

Reporting Requirements

The Hastings District Council shall provide a written report to the Minister within 10 working days of the completion of each of steps 1 and 3 above. The report shall demonstrate compliance with the step/s and timelines and identify any issues which may have bearing on meeting the Minister’s Direction and Statement of Expectations.

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 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.

Dated at Wellington this 26th day of February 2018.

Hon DAVID PARKER, Minister for the Environment.