Why Do We Have A District Plan?The Resource Management Act 1991 (RMA) requires all district and city councils to prepare plans for their district. Each plan describes the district’s significant resource management issues and sets out the objectives, policies and methods to address these issues.
What is the difference between the Proposed and Operative District Plan?
Rodney District Council has two District Plans which should be referred to if you want to build, subdivide or change the use of your land:
Proposed District Plan 2000
The Proposed District Plan, publicly notified in November 2000, is operative in part and is a review of the Operative District Plan 1993.
Once all of the requirements in the Proposed District Plan are no longer subject to any variations, submissions and appeals, the plan will be made fully operative and will replace the 1993 Operative District Plan.
The hearing of submissions to the Proposed District Plan 2000 has been completed. Some submitters to the Plan opposed the Council’s decisions and the Council is currently working with the appellants and the Environment Court to resolve the issues raised in appeals.
A summary of the outstanding Appeals received to decisions can be viewed here.
To view the Proposed District Plan, click here.
Operative District Plan 1993
The Operative District Plan 1993 will continue to have legal effect until the corresponding part of the Proposed Plan becomes operative.
To view the Operative District Plan, click here.
Which District Plan Should I Refer To?
While the Rodney District Council has both an Operative and Proposed District Plan it is necessary to comply with both except for the following exceptions:
(i) A rule in the Operative Plan that is inoperative pursuant to section 19 of the RMA;
(ii) A proposed plan rule that the Council has resolved not to give effect to until the Proposed Plan becomes operative.
Section 19 of the Resource Management Act 1991 provides the circumstances when a new rule can be treated as if it is operative.
What are Variations and Plan Changes?
If the Council modifies or amends requirements under the Proposed District Plan this is called a Variation. Only the Council can initiate a Variation. All Variations are publicly notified and any person can lodge a submission in relation to a particular variation.
Plan Changes are amendments and modifications to the Operative District Plan. Plan Changes can be initiated by private individuals or by the Council itself, unlike variations which only the Council can initiate. All Plan Changes are publicly notified and any person can lodge a submission in relation to a Plan Change.
Plan Change Process
The diagram below shows the preparation and processes involved in making changes to the Proposed and Operative District Plans:
It can take up to two years between notification of a Plan Change and a decision.
Submissions and Hearings
The Resource Management Act 1991 requires that all Plan Changes and Variations must be publicly notified. Once publicly notified, anyone can make a submission either in support or opposition to the proposed changes. A summary of submissions is then prepared, and an opportunity is provided for parties to lodge further submissions either supporting or opposing the original submissions that were received.
The Council is required to convene a hearing to consider all the submissions and any other relevant information before making a decision on Plan Change or Variation.
Generally, the process would be expected to take at least six months and longer if the Council's decision is subject to appeal to the Environment Court.