Notice Type
Departmental
Notice Title

The Resource Management (Direction to Queenstown Lakes District Council to Enter the Streamlined Planning Process for a Proposed Variation to the Queenstown Lakes District Plan – Proposed Te Pūtahi Ladies Mile Plan Variation) Notice 2023

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 Queenstown Lakes District Council to Enter the Streamlined Planning Process for a Proposed Variation to the Queenstown Lakes District Plan – Proposed Te Pūtahi Ladies Mile Plan Variation) Notice 2023.

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

2. Direction to Enter Streamlined Planning Process

The Minister for the Environment's Direction on the application from Queenstown Lakes District Council to use a Streamlined Planning Process for a Proposed Variation to the Queenstown Lakes District Plan (Proposed Te Pūtahi Ladies Mile Plan Variation)

The Minister for the Environment received an application from Queenstown Lakes District Council on 31 October 2022, 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 proposed Te Pūtahi Ladies Mile Plan Variation, a plan variation to the Queenstown Lakes District Plan.

In accordance with clause 78 of Schedule 1 of the RMA, the Minister for the Environment directs that the following streamlined planning process is used for Te Pūtahi Ladies Mile Plan Variation.

 

Step

Timeframe

1

Consultation with affected parties on the proposed planning instrument, including any applicable Crown Agency and iwi authorities (if not already done).

Extensive engagement and consultation on the Masterplan and Proposed Plan Variation has been undertaken over the last two years, including consultation in accordance with clause 1A–3A of the Schedule 1 of the RMA and public feedback on drafts.

2

Update the section 32 report to show:

- how the council has had regard to the Emissions Reduction Plan (ERP) and the National Adaptation Plan (NAP) in preparing the Variation; and

- the extent to which concerns raised by ngā rūnanga about stormwater discharges have been addressed by the provisions in the Variation.

Prior to public notification (Step 3).

3

Public notification of the proposed planning instrument in accordance with clause 5 (other than clause 5(3)), or limited notification under clause 5A. Publicly notify the Proposed Plan Variation for written submissions in accordance with clause 5 of Schedule 1 of the RMA. A period of 30 working days for submissions must be specified in the public notice.

No more than 30 working days of the Minister’s Direction being gazetted.

4

Provide an opportunity for written submissions under clause 6 or 6A of Schedule 1 of the RMA.

30 working days after the public notification date in Step 3.

5

Serve notice of the Proposed Te Pūtahi Ladies Mile Plan Variation on the parties to the following appeals on the Proposed Queenstown Lakes District Plan: ENV-2019-CHC-047 and ENV-2019-CHC-059.

Concurrent with public notification (Steps 3 and 4).

6

Summary of submissions made publicly available. Summary of the submissions and copies of the submissions received under Step 3 will be made publicly available on the Council’s website so the submissions can be easily referred to by the public, section 42A officers and hearing panel at the hearing.

No more than 30 working days after the close of the public submission period (Step 4).

7

Provide an opportunity for further submissions in accordance with clauses 8 and 8A of Schedule 1 of the RMA.

Further submissions to be received no later than 10 working days after public notice given.

8

Provide for the Minister for the Environment a written report demonstrating compliance with the steps and timelines and identify any issues which may have a bearing on meeting the Minister’s Direction and Statement of Expectations.

The progress report should be provided to the Minister for the Environment no later than 10 working days after the completion of further submissions.

9

If considered appropriate (either following a request or on the initiative of Queenstown Lakes District Council), undertake resolution of disputes in accordance with clause 8AA of Schedule 1 of the RMA (to the extent applicable under this Direction).

 

10

Public hearing before an independent hearings panel. A public hearing under clause 8B (to the extent applicable) will be held, with the length to be determined by the number of submissions received and outcome of expert conferencing. The hearings panel may permit cross-examination.

Step 10 to commence no later than 85 working days after the close of further submissions in Step 7.

11

The preparation of reports and documents required by clause 83(1)(a) to (g). The hearings panel shall prepare a draft report to the Minister for the Environment detailing how submissions have been considered and recommended changes (if any) as a result of submission, including a section 32AA report if required.

Step 11 to be completed no later than 50 working days after completion of the public hearing in Step 10.

12

Notification of draft reports and documents required by clause 83(1)(a) to (g) to Council and submitters for feedback. The draft report is to be notified to the Council and submitters to enable comments, limited to correction of minor or technical errors or omissions only. Comments cannot be made on the hearings panel’s recommendation, or reasons for the recommendation.

The feedback in Step 12 to be received no later than five working days following the notification of the draft report.

13

Submit to the Minister for the Environment the reports and documents required by clause 83(1)(a) to (g). The hearings panel shall submit the final report to the Minister for the Environment detailing how submissions have been considered and recommended changes (if any) as a result of submission, including a section 32AA report if required.

To be submitted to the Minister no later than 10 working days after the completion of Steps 11 and 12.

 

The total time period within which the Streamlined Planning Process must be completed:

The process is considered to be complete when the documents referred to in Step 13 above are submitted to the Minister for the Environment.

Steps 3–13 to be completed no later than 260 working days after the Ministerial Direction takes effect.

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 10 must include at least three independent hearing commissioners. The hearing panel must have:

  • represented across its members knowledge, skills and experience in:
    • urban design, strategic and urban growth planning, and resource management planning:
    • transport planning and/or traffic engineering:
    • urban form impacts on climate change emissions:
    • stormwater and/or freshwater planning including giving effect to Te Mana o te Wai:
    • Ngāi Tahu values as relevant to the proposal.
  • a Chair with experience in the Environment Court of the exercise of control over the manner of questioning and cross-examination of any party or witness.

Proposed Statement of Expectations

The expectations of the Minister for the Environment are that the proposed Te Pūtahi Ladies Mile Plan Variation:

  1. contributes to providing sufficient opportunities for the development of housing and business land to ensure a well-functioning urban environment including maximising opportunities to enable housing, particularly of the typologies identified as a shortfall in Queenstown’s Housing Development Capacity Assessment 2021 (housing suitable for older households, smaller households, and lower and lower-middle income households):
  2. ensures that future development will be undertaken in a manner which recognises the limitations of the existing transport network in this location:
  3. ensures appropriate and feasible infrastructure is provided for in Te Pūtahi Ladies Mile Zone, including stormwater management that allows for future climate change impacts, and access to everyday needs through transport options that support emissions reduction (such as public and/or active transport):
  4. ensures future development will be undertaken in a manner that recognises and protects sensitive receiving environments including in particular Slope Hill, Waiwhakaata / Lake Hayes and the Shotover River.

The expectations of the Minister for the Environment for Queenstown Lakes District Council are that in undertaking the Streamlined Planning Process as directed the Council will:

  1. continue to engage with Te Rūnanga o Moeraki, Kāti Huirapa Rūnaka ki Puketeraki, Te Rūnanga o Ōtākou, Hokonui Rūnanga, Te Rūnanga o Awarua, Te Rūnanga o Ōraka Aparima, Te Rūnaka o Waihōpai and Waka Kotahi/New Zealand Transport Agency throughout the streamlined planning process:
  2. place on a publicly accessible website the dates and anticipated timeframes for the process steps (with updates as necessary).

Proposed Reporting Requirements

Queenstown Lakes District Council shall provide a written report to the Ministry for the Environment within 10 working days of the completion of the period for making further submissions. 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 20th day of March 2023.

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.