is not required to have a regional spatial strategy for the territory; and

if the committee starts to prepare a strategy, may stop the preparation process at any time.

set the strategic direction for the use, development, protection, restoration, and enhancement of the environment of the region for a time span of not less than 30 years; and

provide for the integrated management of the environment, including by providing strategic direction for the instruments in the planning system that are referred to in section 4; and

support the efficient and effective management of the environment; and

give effect to the national planning framework to the extent that the framework directs; and

otherwise be consistent with the national planning framework; and

be consistent with any environmental limit or mandatory target that is set in the region’s natural and built environment plan; and

be consistent with any water conservation order that applies in the region.

set out a vision and objectives for how to use, develop, protect, restore, and enhance the region’s environment in a way that achieves the purpose of this Act; and

support the vision and objectives by identifying and otherwise providing for—

set out the actions that the committee considers are critical for making progress towards the vision and objectives (the key actions).

set the vision and objectives at a level that is consistent with the requirement under section 15(1)(a) and (b) to provide strategic direction; and

provide for the matters referred to in subsection (1)(b) of this section only to the extent that the regional planning committee considers they are of strategic importance to the region or country.

areas that require or may require protection, restoration, or enhancement:

areas of cultural heritage and areas with resources that are of significance to Māori:

areas that are appropriate for urban development and change, including existing, planned, or potential urban centres of scale:

areas that are appropriate for developing, using, or extracting natural resources, including generating energy:

areas that are appropriate to be reserved for rural use (for example, because they contain highly productive land) or where there is expected to be change in the type of rural use:

areas of the coastal marine area that are appropriate for development or change in use:

matters relating to infrastructure, including—

matters relating to climate change mitigation, including—

matters relating to risks arising from natural hazards and the effects of climate change, including—

areas where any development or change in use needs to be carefully managed because the areas are subject to constraints (other than those described in paragraph (jb)(i)):

the indicative location of planned or potential business and residential activities and the likely general scale and intensity of those activities, if that information is necessary to inform the consideration of any other matters described in this subsection.

the matter is likely to do either or both of the following at a level of regional significance:

the matter relates to environmental effects that are best managed at a regional level (such as effects on water catchments):

the matter is of a scale or significance that requires planning for, or investment in, infrastructure to be done or arranged at a regional level:

the matter is critical to the development or functioning of the region or any of its cities:

providing for the matter would support the response to an issue in an adjacent region:

the matter is critical to the regional or national economy:

the matter relates to a regionally or nationally significant feature or activity (regardless of whether the feature is a place of national importance as defined in section 427A of the Natural and Built Environment Act 2022):

the matter requires collaboration—

Schedule 2 of the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010; and

Schedule 1 of the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010; and

Schedule 1 of the Nga Wai o Maniapoto (Waipa River) Act 2012.

by the region’s regional planning committee; and

using a process adopted under section 30.

after completing a review, start the process to amend or replace its regional spatial strategy at any time the committee considers appropriate; and

include proposals resulting from 1 or more reviews in a single process to amend or replace its strategy.

sections 51B to 51D (amendments not requiring review or section 30 process); and

section 60 (Minister may direct amendments of regional spatial strategies).

as far as practicable, based on robust and reliable evidence and other information, including mātauranga Māori, that is proportionate to the level of detail required in the particular context; and

prepared in accordance with any requirements in the regulations about the methodology and data or other information that must be used.

the extent of the uncertainty or inadequacy; and

how content in its regional spatial strategy that is based on the information may become more detailed or otherwise be improved over time, including through—

reflects—

gives sufficient flexibility to enable the persons who have a role in implementing or progressing the strategy to do so in the most appropriate and efficient way; and

subject to paragraphs (a) and (b), is sufficient to give reasonable certainty to those persons about the matter.

the Government policy statements listed in Schedule 3; and

any statement of regional environmental outcomes or statement of community outcomes that is provided to the committee within the period specified in subsection (2A); and

any planning document that is—

any statement that is—

in the case of a planning document or statement, the document or statement is published on an Internet site that can be accessed by the public free of charge:

in the case of a planning document, the document is recorded under section 819 of the Natural and Built Environment Act 2022 by a local authority in the committee’s region.

any instrument made under other legislation (other than one referred to in subsection (2)), including any—

any instrument (other than one made under legislation) that is made for the purpose of complying with New Zealand’s international obligations, including any strategy or plan published by the Government in response to the requirements of article 6 of the Convention on Biological Diversity 1992 or a direction from the Conference of the Parties of the Convention; and

any instrument notified in the Gazette by the Minister.

identify any published instrument that the Minister considers is relevant to a regional spatial strategy, a class of strategies, or all strategies; and

apply in relation to that strategy or those strategies.

any cumulative effects of the use and development of the environment; and

whether implementation of the strategy could have effects on the natural environment that have, or are known to have, significant or irreversible adverse consequences; and

any technical evidence and advice, including advice on mātauranga Māori, that the committee considers relevant.

a regional spatial strategy is being prepared; and

the proposed strategy applies to a customary marine title area.

recognise and provide for any matters in any planning document to the extent that they relate to a customary marine title area; and

have particular regard to any matters in any planning document to the extent that they relate to the common marine and coastal area outside the customary marine title area.

the need for potential infrastructure or infrastructure corridors or sites that may require a designation; and

the potential location of the infrastructure or infrastructure corridors or sites (whether that is done by identifying a specific location or a wider area in which the infrastructure or infrastructure corridors or sites may be located).

act in a manner that recognises that identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land; and

consider the rights and interests of owners of identified Māori land to retain, control, utilise, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.

information about the state and characteristics of the environment, including information about infrastructure and other aspects of the built environment:

information that reflects decisions about—

environmental limits and targets that are set in the plan.

there has been a significant change in the relevant environment:

any significant new information about the relevant environment has become available.

comply with sections 23A to 27; or

have regard or respond to any submission or other comment received on the information during the process for preparing the strategy, except to the extent that the submission or other comment relates to the matters described in subsection (2).

adopt a process for preparing its regional spatial strategy each time it intends to prepare a strategy; and

comply with that process.

the committee adopts an outline for the overall process before any stage of the process begins; and

the outline states when the detailed provisions for each stage are expected to be adopted.

the committee considers that—

the amendment would provide only for additional opportunities to participate in the process.

a document setting out a process adopted under section 30; or

if detailed provisions are adopted in stages, documents setting out an outline of the overall process and the detailed provisions for each stage of the process, as the outline and detailed provisions are adopted.

a process under section 30 being adopted; and

if detailed provisions are adopted in stages, each set of detailed provisions being adopted; and

where each document referred to in subsection (1) is publicly available.

supports the preparation of a regional spatial strategy that—

encourages and enables all persons who may be interested in participating in the preparation of the strategy to participate; and

provides interested parties who want to present their views orally with a reasonable opportunity to do so; and

provides for a level and type of participation that are proportionate to the matters under consideration in the process; and

supports the regional planning committee and interested parties to reach agreement on who will lead key actions (whether the agreement is reached before or after the strategy is adopted).

reasonable efforts should be made to remove, reduce, or overcome barriers to participation that are faced by particular communities and are known to the committee; and

interested parties should be provided with the following to the extent that the relevant preferences and needs are known to the committee:

the views of interested parties should be sought in a way that is effective, having regard to the stage of the process and whose views are being sought; and

collaboration between interested parties should be encouraged; and

where appropriate, interested parties should be encouraged to lead key actions; and

the process should be efficient and cost-effective, including for interested parties.

any applicable Mana Whakahono ā Rohe; and

any relevant engagement agreement; and

any relevant iwi and hapū participation legislation or agreement under that legislation.

agree and record how the groups are to participate in preparing a regional spatial strategy for the region or an amendment to the strategy; and

agree how the groups’ combined participation is to be funded by the committee from the committee’s budget as determined by its statement of intent (see clause 38 of Schedule 8 of the Natural and Built Environment Act 2022).

for its first regional spatial strategy, as soon as practicable after the committee is established:

in any other case, before—

iwi authorities, and groups that represent hapū, whose area of interest includes any part of the region:

customary marine title groups whose customary marine title area includes any part of the region:

other Māori groups with interests in the region, if the committee considers that entering into engagement agreements with those groups is desirable to ensure that the views of all Māori groups with interests in the region are properly considered in preparing the region’s regional spatial strategy.

achieve the purpose of an engagement agreement; and

negotiate the terms of the agreement in good faith and in a timely manner to achieve participation in preparing a regional spatial strategy for the region.

are party to a Mana Whakahono ā Rohe; and

agree that the Mana Whakahono ā Rohe achieves the purpose of an engagement agreement.

be entered into with 1 or more Māori groups with interests in the region:

deal both with the preparation or amendment of a regional spatial strategy and a natural and built environment plan.

be in writing; and

identify the parties to the agreement; and

record the agreement of the parties as to—

by agreement between the regional planning committees with jurisdiction in those regions (the parent committees) and the Minister; or

at the Minister’s direction.

be satisfied that the use of a cross-regional planning committee is the most appropriate mechanism to address the issues in a co-ordinated way; and

consult—

a reference to a regional planning committee must be read as a reference to a cross-regional planning committee:

a reference to an appointing body must be read as a reference to a parent committee:

a reference to a regional spatial strategy must be read as a reference to a cross-regional spatial strategy:

the powers of a cross-regional planning committee under clauses 19 and 28 of that schedule are subject to what is agreed by the parent committees.

a reference to a regional planning committee must be read as a reference to a cross-regional planning committee; and

a reference to a regional spatial strategy must be read as a reference to a cross-regional spatial strategy; and

a reference to appointing bodies must be read as a reference to the appointing bodies of each parent committee; and

an arrangement referred to in section 33 applies—

clause 2(2)(a) of Schedule 4 applies only to the extent that the scenarios required by that clause would be relevant to the cross-regional spatial strategy.

considers that the proposed cross-regional spatial strategy is inconsistent with the parent committee’s regional spatial strategy; and

makes the direction before the cross-regional planning committee adopts the cross-regional spatial strategy.

must reconsider the proposed cross-regional spatial strategy in light of any submissions received from the parent committees; and

may—

the regional spatial strategy of the parent committee that is in force when the cross-regional spatial strategy is adopted; and

any regional spatial strategy or relevant amendment that is being prepared when the cross-regional spatial strategy is adopted.

make an updated version of the regional spatial strategy that includes the incorporated provisions publicly available; and

give public notice of the date on which the provisions were incorporated and where the updated strategy is available.

any draft of the regional spatial strategy or amendment that the committee prepares or makes publicly available after the cross-regional spatial strategy is adopted; and

the regional spatial strategy or amendment that the parent committee adopts.

the provisions have effect as part of that regional spatial strategy; and

except as provided in section 50, this Act applies to the provisions as if they were prepared by the parent committee.

the whole or a part of the regional spatial strategy:

the addition of new content to the strategy.

need review only that part of the strategy; but

must record its reasons for reviewing only that part of the strategy and make them publicly available.

need review only that part of the strategy; but

must record its reasons for reviewing only that part of the strategy and make them publicly available.

a regional spatial strategy requires the strategy to be reviewed in specific circumstances; and

the regional planning committee considers that those circumstances have occurred.

a review of its regional spatial strategy is being undertaken; and

the review relates to provisions that do or, in the case of provisions that may be proposed, would apply to a customary marine title area.

recognise and provide for any matters in any planning document to the extent that they relate to a customary marine title area; and

have particular regard to any matters in any planning document to the extent that they relate to the common marine and coastal area outside the customary marine title area.

must consult the 1 or more other parent committees when reviewing the provisions; and

may amend those provisions by using—

give public notice of the start and completion of a review of its regional spatial strategy; and

make its review report publicly available.

adopt the required amendment—

make the amendment publicly available; and

give public notice of the date on which the amendment was adopted and where it is available.

a regional spatial strategy provides for a specified amendment to be made to the strategy in specified circumstances; and

the regional planning committee considers that those circumstances have occurred.

make the amendment publicly available; and

give public notice of the date on which the amendment was adopted and where it is available.

make the amendment publicly available; and

give public notice of the date on which the amendment was adopted and where it is available.

consult each person who the committee proposes to identify in the plan as a lead for a key action; and

obtain the agreement of each of those persons before identifying them as a lead; and

consult iwi authorities, groups that represent hapū, and other Māori groups with interests that relate to or are affected by any of the key actions.

identify each lead for the key action; and

state whether the agreement of any person to being identified as a lead is subject to any conditions or limitations and, if so, what they are; and

set out—

the relative priority of the key actions and their sequencing; and

a summary of decisions that have been—

the committee amends its regional spatial strategy; and

the amendment includes changes that may be relevant to the content of the plan.

provide any information reasonably required by the regional planning committee for the purposes of the report; and

notify the committee as soon as practicable if the lead becomes aware that information they have provided is or has become inaccurate.

set out a programme of the activities that the parties intend to carry out to implement or progress the key action, including the sequencing of those activities; and

identify the sources of funding for those activities, including any legal requirements that must be met to access the funding.

a regional planning committee:

a local authority:

a network utility operator (including an additional utility operator) or other applicant approved as a requiring authority.

is about,—

is held by the body or can reasonably be produced by the body; and

may reasonably be required by the Minister.

20 working days after the date of the notice; or

a longer time set by the Minister.

investigate the exercise or performance by a regional planning committee or local authority of any of its powers, functions, or duties under this Act; and

make recommendations to the committee or local authority on its exercise or performance of those powers, functions, or duties; and

investigate the failure or omission by a regional planning committee or local authority to exercise or perform any of its powers, functions, or duties under this Act; and

make recommendations to the committee or local authority on its failure or omission to exercise or perform those powers, functions, or duties.

set out how the committee or local authority is responding to the Minister’s recommendations; and

make that information publicly available.

section 15(1)(d) to (g) (which relates to giving effect to or being consistent with the national planning framework, certain environmental limits and targets, and water conservation orders):

sections 16 to 18 (which relate to the contents and form of regional spatial strategies).

may direct the committee to make an amendment that deals with the whole or a specified part of the committee’s region; and

must specify a reasonable period within which the committee must give public notice of the draft amendment as part of a process adopted under section 30.

provide reasons for giving the direction and make their reasons publicly available; and

prepare a statement of expectations that sets out the objectives expected to be achieved, which the regional planning committee must have regard to; and

consult any other Minister with a relevant portfolio or other person the Minister considers appropriate to consult on the content in the statement of expectations.

report to the Minister on how the committee has had regard to the statement of expectations; and

make the report publicly available.

provide reasons for giving the direction and make their reasons publicly available; and

prepare a statement of expectations that sets out the objectives expected to be achieved, which the regional planning committee must have regard to; and

consult any other Minister with a relevant portfolio or any other person the relevant Minister considers appropriate to consult on the content in the statement of expectations.

report to the relevant Minister on how the committee has had regard to the statement of expectations; and

make the report publicly available.

the Minister is satisfied that—

the Minister is satisfied that the committee or local authority has not exercised or performed the power, function, or duty within the time frame required by this Act or the national planning framework.

the committee or local authority is not exercising or performing the power, function, or duty—

reasonable steps have been taken to assist the committee or local authority to exercise or perform the power, function, or duty to that extent.

provide reasons for giving the direction and make their reasons publicly available; and

identify the power, function, or duty that must be exercised or performed.

set out for the Minister how the committee or local authority will carry out the direction, including any associated milestones, time frames, or monitoring; and

make that information publicly available.

chief executives of departments:

Crown entities:

local authorities:

iwi authorities and groups that represent hapū:

network utility operators (including additional utility operators) or other applicants approved as requiring authorities.

the committee requests the information or support to assist the committee in performing or exercising its powers, functions, or duties under this Act; and

it is practical and reasonable for the person to provide the information or support without charge.

any rights or interests in freshwater or geothermal resources are preserved, consistent with assurances given by the Crown to the High Court in 2012, and recorded in New Zealand Māori Council v Attorney-General [2013] NZSC 6, [2013] 3 NZLR 31 at [145]:

this Act, and duties, functions, and powers under this Act, operate effectively.

create or transfer any proprietary right or interest in freshwater or geothermal resources:

extinguish or determine any customary right or interest (for example, one founded on, or arising from, aboriginal title or customary law) that may exist in freshwater or geothermal resources.

the existence or extent of any function, power, right, or duty under this Act; or

any other issue or matter relating to the interpretation or administration of this Act.

the chief executives of the responsible departments to prepare an integrated monitoring, reporting, and evaluation framework for the operation and effectiveness of this Act and the Natural and Built Environment Act 2022 (the relevant Acts):

those chief executives to report on the monitoring, operation, and effectiveness of the relevant Acts:

local authorities to prepare an annual report on the costs, drivers, and funding associated with discharging their functions, duties, and powers under the relevant Acts.

providing for anything this Act says may or must be provided for by regulations; and

prescribing how information in an implementation plan must be set out, including the level of detail that must be contained in that information; and

prescribing requirements for the methodology and information that is used to prepare the scenarios and options referred to in clause 2 of Schedule 4; and

prescribing requirements for—

prescribing requirements for the form of information that may be prescribed for the purposes of clause 4(a)(iii) or 6(1)(a)(iii) of Schedule 4; and

providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.