Resource Management (Territorial Authorities Required to Prepare and Notify Intensification Planning Instruments) Regulations 2022

2022/68

Coat of Arms of New Zealand

Resource Management (Territorial Authorities Required to Prepare and Notify Intensification Planning Instruments) Regulations 2022

Cindy Kiro, Governor-General

Order in Council

At Wellington this 14th day of March 2022

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 80I of the Resource Management Act 1991—

(a)

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

(b)

on the recommendation of the Minister for the Environment made after complying with section 80I(3) and (4) of that Act.

Regulations

1 Title

These regulations are the Resource Management (Territorial Authorities Required to Prepare and Notify Intensification Planning Instruments) Regulations 2022.

2 Commencement

These regulations come into force on 14 April 2022.

3 Tier 2 territorial authorities that must prepare and notify intensification planning instrument (IPI)
Tier 2 territorial authorities specified by regulations made before 21 March 2022

(1)

A tier 2 territorial authority specified in Part 1 of Schedule 1 must prepare and notify an IPI.

(2)

See section 80F(1) of the Resource Management Act 1991, which requires a tier 2 territorial authority to notify its IPI on or before 20 August 2022 if the regulations requiring it to prepare and notify the IPI are made before 21 March 2022.

Tier 2 territorial authorities specified by regulations made on or after 21 March 2022

(3)

A tier 2 territorial authority specified in Part 2 of Schedule 1 must prepare and notify an IPI on or before the date specified for the territorial authority in that Part of the schedule.

4 Tier 3 territorial authorities that must prepare and notify IPI

A tier 3 territorial authority specified in Schedule 2 must prepare and notify an IPI on or before the date specified for the territorial authority in the schedule.

Schedule 1 Tier 2 territorial authorities that must prepare and notify IPI

r 3

Part 1 Tier 2 territorial authorities specified by regulations made before 21 March 2022

Territorial authority
Rotorua District Council

Part 2 Tier 2 territorial authorities specified by regulations made on or after 21 March 2022

Territorial authorityDate on or before which territorial authority must notify IPI
There are no territorial authorities specified in this Part as made.

Schedule 2 Tier 3 territorial authorities that must prepare and notify IPI

r 4

Territorial authorityDate on or before which territorial authority must notify IPI
There are no territorial authorities specified in this schedule as made.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 14 April 2022, specify territorial authorities that are required to prepare and notify an intensification planning instrument (IPI). As made, these regulations specify only the Rotorua District Council, which is a tier 2 territorial authority for the purposes of the Resource Management Act 1991 (the Act). Other tier 2 or 3 territorial authorities may be specified in these regulations in the future.

An IPI is a change to a district plan or a variation to a proposed district plan that at least—

  • incorporates the medium density residential standards set out in Schedule 3A of the Act; and

  • in the case of a tier 2 or 3 territorial authority, gives effect to policy 5 of the National Policy Statement on Urban Development 2020.

Under section 80F(1) and (2) of the Act, a tier 2 or 3 territorial authority must notify its IPI—

  • on or before 20 August 2022, if it is a tier 2 territorial authority that is required to prepare and notify the IPI by regulations made before 21 March 2022; or

  • on or before the date specified in regulations, in any other case.

Section 80F(3) of the Act sets out requirements for how a territorial authority must prepare its IPI.

Regulatory impact statement

The Ministry for the Environment produced a regulatory impact statement on 3 March 2022 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 17 March 2022.

These regulations are administered by the Ministry for the Environment.