Yes – Central Government has recently announced that they plan on scrapping the RMA and introducing new legislation to manage the natural and physical environment. However, we are not sure when the new legislation will be enacted and how long new plans will take to develop under any new legislation. Current advice on the Ministry for the Environments website includes the following:
‘As the process for system reform is likely to span a number of years, there are risks of poor outcomes in the interim if councils do not continue to implement national direction requirements and other requirements under the RMA’.
For these reasons, our current plan is to proceed with the District Plan review. We will let our community know if this position changes.
Currently staff are working on discussion documents, which will identify the key issues for the District.
There will be an opportunity for you in mid-2021 to provide feedback on Council’s discussion documents to tell us whether you think we are on the right track with the issues we have identified so far.
Your feedback will be used to shape the draft District Plan, which we also aim to bring back to the community for further feedback before we formally notify the Proposed District Plan.
The District Plan affects the way in which you can develop your property. Often District Plan’s go relatively un-noticed for most people until you need to start a new activity or re-develop your property for example subdivision, building or renovations. It is not until you need to go through these processes that suddenly the District Plan becomes important to you.
Some common examples of this are:
The District Plan will identify a range of activities that are anticipated in the district including where and how they can occur through an objective, policy and rule framework.
If you have any other questions please contact us by email at districtplanreview@kaipara.govt.nz or phone 0800 727 059 to speak to the District Plan Team.
A District Plan is a rulebook for the Kaipara District, which sets the framework for how the communities use and develop land within our district. It is required by the Resource Management Act 1991 (RMA) that all Council’s need to have a District Plan.
The District Plan includes objectives, policies and rules which will tell you whether or not you need a resource consent for your proposed activity, building development or subdivision.
All of Kaipara’s communities are shaped by the District Plan, which primarily aims to ensure our environment is protected for the next generation, whilst enabling sustainable growth.
The preparation of a new District Plan spans several years and includes multiples points of community engagement along the way. Our key milestones will be:
We are currently in Stage 1 and will be seeking feedback on our discussion documents (Stage 2) around mid-2021.
The District Plan manages resource management issues for land use and subdivision activities, which may include:
While the District Plan decision making process is ultimately determined by the Kaipara District Council’s elected Council, the elected members will shape and develop the discussion documents which will be released to the community for feedback. This feedback will be incorporated into the draft District Plan.
When the Proposed District Plan is notified to the public, submissions will be received by Council from the community and submitters will have the opportunity to be heard by a hearings panel who will make a recommendation to Council on the Proposed District Plan.
Any appeals to the Proposed District Plan will be heard by the Environment Court.
The RMA requires all Council’s to review their District Plans every 10 years. Kaipara District Council’s District Plan was made Operative on 1 November 2013 and is therefore due for review in 2023.
Since the Kaipara District is growing at such a fast pace, Council has directed staff to begin the review, which will include implementing the National Planning Standards, which were released by the Ministry for the Environment in November 2019.
The definitions provided are based on their application in accordance with the Resource Management Act 1991 (RMA).
An issue is an existing or potential problem that must be resolved to promote the sustainable management of natural and physical resources:
"The heritage, cultural, amenity and natural values of an area can be adversely affected by Notable Trees being cut down, damaged or improperly maintained."
An objective is a statement that outlines what is hoped to be achieved through the resolution of a certain issue:
"To identify and protect the Notable Trees of the District, where landowners agree."
A policy sets out what should be done to achieve the objective:
“By encouraging landowners to protect Notable Trees on their land through the provision of information and by offering development incentives."
A rule provides a framework to apply the policy and sets out what activities can occur as permitted activities, and what activities will require resource consent:
"It is a permitted activity to remove a notable tree if Council has confirmed that the tree is dead or if its removal is required for emergency work. Where an activity is not permitted by this Rule, a resource consent is required."