Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 2) 2015

2015/235

Coat of Arms of New Zealand

Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 2) 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 12th day of October 2015

Present:
The Right Hon John Key presiding in Council

Pursuant to section 71 of the Canterbury Earthquake Recovery Act 2011, His Excellency the Governor-General makes the following order, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for the Environment made following the Canterbury Earthquake Recovery Review Panel’s review of a draft of the order and after having regard to its recommendations.

Order

1 Title

This order is the Canterbury Earthquake (Christchurch Replacement District Plan) Amendment Order (No 2) 2015.

2 Commencement

This order comes into force on 16 October 2015.

3 Principal order
4 Clause 3 amended (Interpretation)

In clause 3(1), insert in their appropriate alphabetical order:

existing coastal hazards provisions has the meaning given in clause 5A(2)(b)(i)

Natural Hazards (part) Stage 3 proposal means the proposal called the Natural Hazards (part) Stage 3 proposal notified on 25 July 2015 under clause 5 of Schedule 1 (including the Natural Hazards (part) Stage 3 planning maps)

proposed coastal hazards provisions means the following provisions of the Natural Hazards (part) Stage 3 proposal:

(a)

provision 5.0 (Introduction Coastal Hazards):

(b)

provision 5.2.9 (Policy—Changing Climate):

(c)

provision 5.6 (Policies for coastal hazards):

(d)

provision 5.11 (Coastal erosion and coastal inundation rules):

(e)

the Natural Hazards Overlays for Coastal Erosion Management Areas 1 and 2 and Coastal Inundation Management Areas 1 and 2 in the Natural Hazards (part) Stage 3 planning maps 1–78 and R1–R9

5 Clause 4 amended (Modification of RMA)

After clause 4(2), insert:

(2A)

Nothing in this order (except clauses 5A and 16(4)) affects the proposed coastal hazards provisions.

6 New clause 5A inserted (Proposed coastal hazards provisions withdrawn from order process and new RMA review of existing provisions to commence)

After clause 5, insert:

5A Proposed coastal hazards provisions withdrawn from order process and new RMA review of existing provisions to commence

(1)

On and from the commencement of this clause,—

(a)

the proposed coastal hazards provisions are withdrawn from the Natural Hazards (part) Stage 3 proposal; and

(b)

the hearings panel ceases to have any functions or powers under clause 10 or Schedule 1 in respect of the proposed coastal hazards provisions; and

(c)

any submissions received must be disregarded to the extent that they relate to the proposed coastal hazards provisions.

(2)

As soon as is reasonably practicable after the commencement of this clause, the council must—

(a)

amend the Natural Hazards (part) Stage 3 proposal accordingly (without applying the process in this order); and

(b)

identify, by written notice to the hearings panel,—

(i)

the parts of the existing district plans that the Natural Hazards (part) Stage 3 proposal will no longer replace as a consequence of the amendment (the existing coastal hazards provisions); and

(ii)

any parts of the existing district plans that are necessary to enable the existing coastal hazards provisions to operate; and

(c)

give public notice of the fact that the existing coastal hazards provisions will continue to apply and identifying those existing coastal hazards provisions; and

(d)

commence, under section 79 and Schedule 1 of the RMA, a review of the existing coastal hazards provisions.

(3)

Nothing done by the hearings panel, and no submission received, on the proposed coastal hazards provisions before the commencement of this clause is effective for the purposes of the process under Schedule 1 of the RMA.

(4)

The public notice required by subclause (2)(c) must be given in the same way as a proposal must be notified under clause 5 of Schedule 1.

7 Clause 16 amended (Council must make decisions of hearings panel operative)

After clause 16(3), insert:

(4)

Despite subclause (2),—

(a)

a proposal does not replace the existing coastal hazards provisions identified under clause 5A(2)(b)(i); and

(b)

the other parts of the existing district plans identified under clause 5A(2)(b)(ii) continue in effect, but only for the purpose of enabling the existing coastal hazards provisions to operate.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 16 October 2015, amends the Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 (the principal order). The principal order establishes a streamlined process for the preparation of a replacement district plan for Christchurch and Banks Peninsula. The council notified a proposal for coastal hazards provisions for the replacement district plan on 25 July 2015 in the Natural Hazards (part) Stage 3 proposal. The effect of this order is to withdraw the proposed coastal hazards provisions from that proposal and the streamlined process under the principal order. Instead, the council must start a review of the coastal hazards provisions in the existing district plans under the normal processes that apply under Schedule 1 of the Resource Management Act 1991. Until that plan review process is completed, the coastal hazards provisions of the existing district plans will continue to operate (and will not be replaced by the replacement district plan implemented under the streamlined process).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 15 October 2015.

This order is administered by the Ministry for the Environment.