July 2013
Applying for a plan change
An individual can apply to the Environmental Protection Authority (EPA) for a change to a regional or district plan.
1A council cannot apply directly to the EPA, but they can request that the Minister call in a plan change and refer it to a board of inquiry or the Environment Court.
What is a plan change?
A plan change is a revision to a district or regional plan already in operation by a council. A plan change can be requested by councils and individuals.
What is a plan variation?
A plan variation is a change to a plan that is still in the proposed stage and has yet to be put into operation. Only a council can request a plan variation.
How does a council apply?
A council wishing its plan change to be considered by a board of inquiry or the Environment Court, must apply to the Minister to call in their application. The Minister will decide if the plan change is (or is part of ) a proposal of national significance, and should be referred to a board of inquiry, to the Environment Court, or back to the local council for a decision. The Minister for the Environment will consider a land-based plan change. The Minister of Conservation will consider a coastal plan change. The Ministers will work together to consider a plan change containing both land and coastal matters.
The Minister may also call in a plan change by their own initiative.
How does an individual apply?
Individuals may apply directly to the EPA for a plan change. The EPA recommends to the Minister whether the plan change is (or is part of ) a proposal of national significance, and should be referred to a board of inquiry or back to the local council for a decision.
How do submissions work with a plan change?
There are two rounds of submissions with a plan change.
First submissions
People have 20 working days after the public notice appears in the newspaper to make a submission on the plan change or plan variation. Once submissions have closed, a summary of the submissions is published.
Further submissions
After the summary is released, there are 10 working days to make a further submission. A further submission can support or oppose the first submissions, and must relate to the plan change or plan variation only.
To make a further submission you must be:
the local council, or
represent a relevant aspect of the public interest, or
have an interest in the plan change or plan variation greater than the general public.
Changing a plan change
Once an application has been made, a further plan change or plan variation relating to the same issue cannot be proposed until the board of inquiry or Environment Court has made a decision on the application. The council may withdraw their application for a plan change up to 5 working days after the end of the further submissions period.
1 Full information on proposals of national significance can be found in Part 6AA of the Resource Management Act 1991. This information sheet is intended to provide a general picture of the plan change process and does not provide legal guidance. The EPA strongly suggest you take legal advice if you are uncertain about any aspect of this information.
This information sheet explains:
where to apply | the process for councils and individuals | submissions and further submissions
ENVIRONMENTAL PROTECTION AUTHORITY
JULY 2013 2
Want to know more?
Contact the Environmental Protection Authority by phoning +64 4 916 2426.
You can also email [email protected] or visit the EPA website at www.epa.govt.nz
Updated in July 2013 by the Environmental Protection Authority, Te Mana Rauhī Taiao, Private Bag 63002 Wellington 6140. Publication number: EPA 0245.
20 working days
20 working days 10 working
days
10 working days
20 working days
20 working days
Four months To the council to process
Appeal to High Court
(on points of law only)
Appeal to High Court (on points of law only) Plan change lodges with the EPA
EPA may request further information EPA makes the recommendation
to Minister Minister makes their decision
To board of inquiry
Board consults with council
Council prepares plan change and delivers to the EPA
Board makes decision
Board makes decision
Draft decision released and comments invited on minor
and technical points only
Draft decision released and comments invited on minor
and technical points only Summary of submissions released
and further submission period
Summary of submissions released and further submission period
The EPA publishes and publicly notifies the decision
The EPA publishes and publicly notifies the decision
Council implements plan change
Council implements plan change
Board releases final decision Publicly notified and
submission period
Publicly notified and submission period
To board of inquiry Yes
Accept Applicant supplies
information or makes changes
Reject
Board considers if more information or changes are needed
Nine months
Nine months Back to the
council
Council publicly consults on plan change Council prepares plan change
Council may publicly notify plan change Council requests call in of plan change
EPA makes the recommendation
No
To the Environment Court
Application process
for individuals Application process
for councils
Board releases final decision Yes
Minister makes the decision on call in
Board accepts or rejects application
