OTAGO REGIONAL COUNCIL PLAN CHANGES CALL IN REQUESTS

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SECTION 144A RMA:

OTAGO REGIONAL COUNCIL PLAN CHANGES CALL IN REQUESTS

To the Hon David Parker, Minister for the Environment

The Otago Regional Council has requested that you call in two proposed plan changes (the matters) as proposals of national significance under Part 6AA of the Resource Management Act 1991 (RMA).

You have the power under section 142 of RMA to make a direction to call in the matters on your own initiative or at the request of the applicant or the local authority.

The Environmental Protection Authority (EPA) provides the following advice and recommendations under section 144A of the RMA, in response to your letter dated 23 March 2020:

Plan Change 7 - Water Permits (WPPC)

1. The EPA advises and recommends under section 144A of the RMA, that you make the following decision on the matter requested by the Otago Regional Council to be called in, namely its proposed Plan Change 7 – Water Permits:

a) Note our advice that this matter is part of a proposal of national significance;

b) Note our advice that the matter should be called in and directed to the Environment Court for decision; and

c) Note our advice that the matter should be directed to the Environment Court at the same time as the related Otago Regional Council’s Omnibus Plan Change;

d) Note the restriction in section 144(a) of the RMA whereby you must call in the matter no later than 5 working days before the date fixed for the commencement of the hearing, if the local authority has notified the matter;

e) Agree with our advice that the matter is a part of a proposal of national significance; and f) Agree to call in the proposed Plan Change 7 – Water Permits by directing it to the Environment

Court.

The Omnibus Plan Change

2. The EPA advises and recommends under section 144A of the RMA, that you make the following decision on the matter requested by the Otago Regional Council to be called in, namely its proposed Omnibus Plan Change:

a) Note our advice that this matter is part of a proposal of national significance;

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b) Note our advice that the matter should be called in and directed to the Environment Court for decision;

c) Note our advice that the matter should be directed to the Environment Court at the same time as the related Otago Regional Council Plan Change 7 – Water Permits;

g) Note the restriction in section 144(a) of the RMA where by you must call in the matter no later than 5 working days before the date fixed for the commencement of the hearing, if the local authority has notified the matter;

d) Agree with our advice that the matter is a part of a proposal of national significance: and e) Agree to call in the proposed Omnibus Plan Change by directing it to the Environment Court.

8 April 2020

Michelle Ward Date

General Manager, Climate, Land & Oceans Environmental Protection Authority

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Background

1. The Otago Regional Council has concurrently requested that you, as Minister for the Environment, call in two changes to its operative Regional Plans.

2. In two letters dated 27 February 2020 (Attachments 1 and 2), the Otago Regional Council chair, Dr Marian Hobbs, has asked you to use your power under section section 142 of RMA to call in these plan changes as nationally significant proposals (NSPs) and refer them to either a Board of Inquiry or the Environment Court.

3. The plan changes are as follows:

a) Plan Change 7¹ – Water Permits (WPPC)² – The plan change would, among other things, limit the duration and allocation of any new water permits, including deemed water permits (also known as mining privileges) that are soon to lapse. Without the proposed provisions, there is potential for deemed water permits to roll over into water permits that may provide for unsustainable abstraction.

The affected permits relate to a variety of activities and land uses, including irrigation, domestic, stock drinking and hydroelectricity.

b) Omnibus Plan Change – This plan change is called the Omnibus Plan Change because it incorporates Water Plan Change 8 - Discharge Management³ and Waste Plan Change 1 - Dust Suppressants and Landfills Purposes⁴. Among other things, the plan change will improve water quality provisions relating to discharges in various situations including landfill management and on- farm storage of farm dairy effluent (for the first time in Otago), and will prohibit the use of waste oil as a dust suppressant.

4. In a further letter dated 1 April 2020 (see Attachment C), the Otago Regional Council has confirmed that it has complied with section 143 of the RMA for both plan changes. In this letter, the Otago Regional Council has also confirmed the current status of the plan changes:

a) WPPC – this plan change was publicly notified on 18 March 2020. The submission period was to close on 17 April 2020, but the Council extended this to 4 May 2020 in response to the COVID-19 situation. If you do call in this plan change, it will essentially be subject to a further submission period when your Direction is notified.

b) Omnibus Plan Change - formal adoption of this plan change will be on the next available Council agenda, likely to be Thursday 9 April 2020. The Council will confirm adoption of the Omnibus Plan Change following the Council meeting. At this point, it will be in a position to publicly notify the Omnibus Plan Change. However, the Council has indicated that it will wait until you have made a

1 This is a change to the Regional Plan: Water for Otago

2 https://www.orc.govt.nz/plans-policies-reports/regional-plans-and-policies/water/proposed-water-permits-plan-change-plan- change-7

3 This is a change to the Regional Plan: Water for Otago

4 This is a change to the Regional Plan: Waste for Otago

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decision on whether or not to call in the plan change. If you do not call in the plan change, the Otago Regional Council advises that it will notify the Omnibus Plan Change on receipt of your decision. If you do issue a Direction to call in this plan change, the Council will not notify the plan change given that it would be covered by notification of your Direction.

5. The proposed plan changes are part of the Otago Regional Council’s broader programme of work to give effect to the National Policy Statement on Freshwater Management (NPS-FM) by 2025. In particular, the plan changes respond to your section 24A recommendations of 18 November 2019 following the Skelton Investigation. These recommendations included that the Otago Regional Council prioritise the review and replacement of its current Regional Policy Statement and Regional Water Plan. In addition, you required the Otago Regional Council to notify these plan changes by 31 March 2020 to provide an adequate interim consenting and planning framework to manage freshwater up until the time that sustainable discharge and allocation limits are set in a new Land and Water Regional Plan.

6. The Otago Regional Council is concerned that these urgently-needed plan changes could face delays under the plan-making process of the RMA⁵, with its standard submission, hearing and appeal phases.

The Council considers that such delays would result in your expectations and those of the Otago community not being met. Furthermore, the Otago Regional Council does not want to be in a position where it has outstanding plan changes in the appeal phase while the new Land and Water Regional Plan is going through the Schedule 1 processes.

7. The Otago Regional Council is also concerned about the current availability of Commissioners with suitable skills to hear these plan changes. The COVID-19 situation has further exacerbated the difficulties that its staff would already have working on the interim plan changes as well as progressing the new Land and Water Regional Plan.

8. The Otago Regional Council considers that calling in the plan changes as a proposal of national significance would expedite final decisions on the plan changes given that all submissions could be considered by either a board of inquiry or the Environment Court, instead of first having to be heard by hearing commissioners.

Statutory context for EPA advice and recommendations

9. Under the RMA, a council-initiated plan change is not a matter that can be lodged directly with the EPA under section 145(1). However, the relevant council can request the Minister to call it in or the Minister can call it in on his or her own initiative.

10. In the context of a call in, a proposed change to a regional plan can be referred to as a “matter”⁶. The Ministerial power to call in is triggered when a matter is, or is part of a proposal of national significance.

The matter must be a proposal of national significance in itself, or it can be considered in the context of a wider proposal that is of national significance.

5 Schedule 1 of the RMA

6 Definition of matter under section 141 of the RMA

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11. If you determine the plan changes (the matters) are, or are part of, a proposal of national significance, you may call them in by making a direction to refer the matters to a board of inquiry or the Environment Court for decision⁷. If you decide to not call in the matters, they will continue to be processed by the Otago Regional Council.

12. In deciding whether the matters are, or are part of, a proposal of national significance, you may consider any relevant factor, including those listed under section 142(3)(a) of the RMA, and any advice provided by the EPA⁸. The purpose of your consideration is not to assess or prejudge the merits of the plan changes. This is something that must be left for the decision maker, whether that is the local authority or, if called in, a board of inquiry or the Environment Court.

13. In deciding whether to make a direction, and where to direct the matter for a decision, you must have regard to⁹:

a) The views of the Otago Regional Council;

b) The capacity of Otago Regional Council to process the matter; and

c) The recommendation of the EPA (although you may make a different decision from that recommended by the EPA)¹⁰.

14. In its initial letters to you, the Otago Regional Council outlined why it considers the matters are part of a proposal of national significance and should therefore be called in. The Council also explained its concerns relating to its commitments to developing a new Land and Water Regional Plan. On your behalf, we also sought the Otago Regional Council’s views on the following topics:

a) If the plan changes are called in as matters of national significance, whether they should be heard and decided by a board of inquiry or the Environment Court;

b) Whether the Council has complied with of section 143 of the RMA for both plan changes;

c) The status of the plan changes; and

d) The Council’s capacity to process the matters.

15. Where relevant, the views of the Otago Regional Council have informed our advice on whether the matters are, or are part of, a proposal of national significance. The views have also informed our recommendations on whether you should call in the matters by making a direction to refer them to a board of inquiry or the Environment Court.

16. The full response from the Otago Regional Council, dated 1 April 2020, is provided as Attachment C to this recommendation.

7 Section 142(2) of the RMA

8 Section 142(3)(b) of the RMA

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Advice and Recommendations of the EPA

17. You have sought under section 144A(1) of the RMA the EPA’s advice and recommendations on:

a) Whether the plan changes (the matters) are a proposal, or part of a proposal, of national significance and, if so

b) Whether one or both should be called in and referred to either a board of inquiry or the Environment Court.

18. The EPA’s advice and recommendations on the above matters are set out in the following sections.

19. You have also requested advice on the following related matters which we have answered in our covering Briefing Note:

a) Timeframe implications of each referral option;

b) Cost implications of each referral option; and

c) The procedure for administering the call in requests, including notification of your decision.

Whether the matters are a proposal, or part of a proposal, of national significance

20. The two plan changes are closely linked in terms of significance, being part of the programme of work to give effect to the NPS-FM and your section 24A recommendations. Our advice is that the plan changes are both part of a proposal of national significance. Our assessment against the section 142(3) factors is set out in paragraphs 21 to 52 below, followed by further comments in relation to other relevant factors in paragraphs 53 to 55.

Relevant factors in section 142(3)(a)(i)-(x) of the RMA for assessing national significance

21. The EPA considers that a number of the section 142(3) factors are relevant to the matters. Each of the factors in section 142(3) is addressed below, based on the views of the Otago Regional Council and information available about the plan changes.

Factor (i) has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment)

22. The Otago Regional Council notes the management of deemed permits and other water permits has aroused widespread public interest, resulting in the Skelton Investigation. The proposed arrangements will affect all water permit holders who need to renew their permits (including deemed water permits) and will also affect opportunities for the use of water for cultural and recreational purposes.

23. The WPPC has been publicly notified and the submission period has yet to close. A number of parties have been directly notified of this plan change and the Council has provided full information on its website to support the submission period. Prior to public notification, the Otago Regional Council carried out stakeholder engagement and consultation on the proposed measures. You have received a letter

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from the Otago Fish and Game Council reflecting their support of the plan change and the Otago Regional Council’s call-in request.

24. The Omnibus Plan Change has not yet been formally adopted by the Otago Regional Council for public notification. While it is not as widely known as the WPPC, there will be widespread implications across rural and urban Otago and the Otago Regional Council has carried out engagement with key

stakeholders.

EPA advice in relation to this factor

25. We concur with the Otago Regional Council in this respect, particularly in relation to the WPPC. As a total package, we consider that both plan changes have aroused widespread public concern and interest regarding its actual or likely effects on the environment and/or will continue to do so. This is particularly true when seen in the context of the Otago Regional Council’s broader programme of work to give effect to the National Policy Statement on Freshwater Management (NPS-FM) by 2025.

Factor (ii) involves or is likely to involve significant use of natural and physical resources 26. The Otago Regional Council considers that the WPPC relates to the significant use of natural and

physical resources. This is because this plan change will affect any person who wishes to apply for a water permit and any person who holds a current permit that requires replacement (including deemed water permits). In the face of competing uses, the availability or otherwise of freshwater as a resource is an important issue in some Otago catchments.

27. We agree with the Otago Regional Council that the WPPC is intended to enable the significant use of natural and physical resources while managing the impact of that use on the environment. We also consider that the Omnibus Plan Change will be a key influence on the use of natural and physical resources, through the protection it will provide for water quality. This is particularly true when seen in the context of the Otago Regional Council’s broader programme of work to give effect to the National Policy Statement on Freshwater Management (NPS-FM) by 2025. Accordingly, we consider that this factor contributes to a conclusion that the plan changes are part of a proposal of national significance.

Factor (iii) affects or is likely to affect a structure, feature, place, or area of national significance 28. The Otago Regional Council considers that the WPPC is relevant to the Taieri Scroll Plain, which is a

large wetland in the Maniopoto and Styx Basins, and the only one of its kind in New Zealand. The Taieri River also has several internationally and nationally recognised geological and landform features. In addition, places in Otago are habitat to a suite of nationally important non-migratory Galaxias taxas. Two have nationally critical threatened status, five are nationally endangered, and five are nationally

vulnerable.

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EPA advice in relation to this factor

29. We agree that this factor is relevant to both of the plan changes and contributes to them being part of a proposal of national significance. The WPPC will have the most direct effect on Otago’s catchments and the habitats they provide by managing the use of the water in them. We also consider the Omnibus Plan Change will be very important to these habitats by attempting to maintain and enhance water quality.

Factor (iiia) gives effect to a national policy statement and is one that is specified in any of paragraphs (c) to (f) of the definition of matter in section 141

30. The Otago Regional Council notes that the overall purpose of both of the plan changes is to give effect to the NPS-FM, particularly Objectives B2, B3, and B5. The WPPC’s key contribution will be through a framework for managing deemed permits and their transition to water permits. The Omnibus Plan Change will address some known water quality gaps in the Regional Water Plan and will also align with parts of the proposed National Environmental Standard for Freshwater.

31. We consider that this factor is relevant to consideration of the matters. This is because the NPS-FM is designed to help drive national consistency in local RMA planning and decision making on water management issues, while allowing for an appropriate level of regional flexibility.

32. The two plan changes are important interim measures to help the Otago Regional Council give effect to the NPS-FM by minimising adverse environmental outcomes while the Otago Regional Council develops a new Land and Water Regional Plan. Calling in the plan changes will expedite their consideration so that any outstanding matters are resolved prior to finalisation of new Land and Water Regional Plan; i.e.

this will minimise complications arising from having to make a decision on submissions or appeals on the Land and Water Regional Plan if there were outstanding appeals on the interim plan changes.

33. Given the relationship between the matters and the NPS-FM, we consider that the matters are part of a proposal of national significance.

34. We also note the Otago Regional Council identified that Trustpower, Contract Energy and Pioneer Energy hold either deemed permits or other water permits in relation to renewable energy generation.

Therefore there is also a relationship between the matters and the National Policy Statement – Renewable Energy Generation (NPS-REG) that provides direction and guidance on the development, operation, maintenance and upgrading of renewable electricity generation activities and their benefits.

While not sufficient on its own, this also contributes to a conclusion that these matters are part of a proposal of national significance.

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Factor (iv) affects or is likely to affect or is relevant to New Zealand’s international obligations to the global environment

35. The Otago Regional Council does not consider this a relevant factor to either of the plan changes.

36. We agree with the Otago Regional Council’s position that this factor is not relevant as the proposed plan changes are unlikely to affect or be relevant to any international obligations that New Zealand has to the global environment.

Factor (v) results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment)

38. A plan change is not like a physical development in terms of its potential effects on the environment.

However, we note that failure to implement the interim measures of the WPPC and the Omnibus Plan Change has the potential to result in significant and irreversible changes to the environment, especially if the deemed permits are rolled over into unsustainable water permits. We therefore consider this factor to be relevant and it lends weight to the matters being considered as part of a proposal of national

significance.

Factor (vi) involves or is likely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment

40. We agree with the Otago Regional Council’s position that this factor is not relevant as the matters are unlikely to involve technology, processes, or methods that are new to New Zealand and that may affect its environment.

Factor (vii) is or is likely to be significant in terms of section 8 of the RMA

41. Section 8 of the RMA requires all persons exercising functions and powers under the Act, in relation to managing the use, development, and protection of natural and physical resources, to take into account the principles of the Treaty of Waitangi.

42. The Otago Regional Council regards the following Treaty principles to be relevant to freshwater management in the region:

 The principle of partnership, including the duty to act reasonably, honourably and in good faith, to ensure the needs of both Māori and the wider community are met;

 The principle of mutual benefit or mutual advantage;

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 The principle of choice/options; and

 The principle of a tino rangatiratanga, which includes the management of resources and other taonga according to Māori cultural preferences.

43. Otago Regional Council confirms that the relevant Iwi (Ngāi Tahu) has been consulted on the plan changes through the Clause 3 and Clause 4A requirements of Schedule 1 of the RMA, along with all relevant Papatipu Rūnanga (through their consultancy, Aukaha ).

44. Given the significance of freshwater management to Māori, the plan changes are likely to be of high interest to Iwi and submissions may identify Treaty-related issues. We therefore consider that this factor supports the consideration of the matters as part of a proposal of national significance.

Factor (viii) assists the Crown in fulfilling its public health, welfare, security or safety obligations or functions

46. We agree with the Otago Regional Council’s position that this factor is not relevant as the matters are unlikely to relate to the Crown in fulfilling its public health, welfare, security or safety obligations or functions.

Factor (ix) affects or is likely to affect more than one region or district

47. The Otago Regional Council notes that the WPPC will affect deemed permit holders in at least Dunedin City, Queenstown Lakes, and Central Otago Districts.

48. The Otago Regional Council also notes that the Omnibus Plan Change will apply to all districts within the Otago Region. The proposed controls on intensive winter grazing, and residential development have region-wide implications. The proposed landfill rules are likely to affect all territorial authorities across the Otago region.

49. Given that the matters will affect more than one district, we agree that this factor contributes to the consideration of the matters as part of a proposal of national significance.

Factor (x) relates to a network utility operation that extends or is proposed to extend to more than one district or region

50. Network Utility Operators¹¹ (NUO) include an electricity operator or electricity distributer, or someone who undertakes or proposes to undertake the distribution of water for supply (including irrigation). The Otago Regional Council considers that this factor is relevant to the WPPC because Trustpower, Contract

11 Defined by section 166 of the RMA

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Energy and Pioneer Energy hold either deemed permits or other water permits. They are NUOs in Otago that distribute power across the region and feed power into the National Grid.

51. The Otago Regional Council does not consider this factor to be relevant to the Omnibus Plan Change.

52. We agree this would not be a relevant factor as the deemed permits and other water permits would relate to generation rather than electricity distribution which is relevant to status as a NUO.

Other Relevant Factors

53. In addition to the factors of national significance under section 142(3)(a), the Minister may also have regard to any relevant factor. The EPA has identified the following factor that is considered relevant to the consideration of the Otago Regional Council’s call in request.

Relationship between the two plan changes

54. There is a close connection between the WPPC and the Omnibus Plan Change. Although they could progress independently, they are both important in realising the interim measures required until a new Land and Water Regional Plan becomes operative. The proposed plan changes are part of the Otago Regional Council’s broader programme of work to give effect to the National Policy Statement on Freshwater Management (NPS-FM) by 2025.

55. Directing the matters to the same decision maker at the same time is likely to be an efficient and timely way of achieving a decision on both plan changes. It would also be useful for the decision makers to be cognisant of each plan change.

Conclusions on National Significance

56. In deciding whether the matter, is or is part of a proposal of national significance we consider the following factors in section 142(3)(a) of the RMA are be relevant to the matter:

 Factor (i) has aroused widespread public concern or interest regarding its actual or likely effect on the environment (including the global environment);

 Factor (ii) involves or is likely to involve significant use of natural and physical resources;

 Factor (iii) affects or is likely to affect a structure, feature, place, or area of national significance;

 Factor (iiia) gives effect to a national policy statement and is one that is specified in any of paragraphs (c) to (f) of the definition of matter in section 141;

 Factor (v) results or is likely to result in or contribute to significant or irreversible changes to the environment (including the global environment);

 Factor (vii) is or is likely to be significant in terms of section 8 of the RMA; and

 Factor (ix) affects or is likely to affect more than one region or district.

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57. We have also considered whether there are any other factors that are relevant to our advice. As

discussed above, we consider that the following factor adds weight to our advice and recommendations in this respect:

a) There is a close connection between these two important plan changes and directing them to the same decision maker at the same time would be an efficient and way of achieving a consistent decision on each plan change.

58. On balance, our advice is that both the plan changes (i.e. the matters) are parts of a proposal of national significance.

Direction and Referral

59. If you agree that the matters are part of a proposal of national significance, you may call them in by making a direction to refer them to a board of inquiry or the Environment Court for a decision under section 142(2) of the RMA.

60. In making this decision, you must have regard to¹²: a) The views of the local authority;

b) The local authority’s capacity to process the matters; and c) The recommendation of the EPA.

Views of the Local Authority on where to direct the matters if they are called in

61. In this respect, the relevant local authority is the Otago Regional Council, i.e. the proponent of the proposed plan changes.

62. As outlined in the Attachment C, the Otago Regional Council has indicated its preference that the matters be directed to the Environment Court for decision, if you decide to call them in. Based on discussions with the Environment Court in February 2020, the Otago Regional Council has a high level of confidence that the Environment Court process can be undertaken in a timely manner. The Council also notes that the current COVID-19 situation would make the legal and practical steps required to convene a Board of Inquiry problematic whereas the Environment Court process would provide surety in terms of progressing a decision on the matters.

The capacity of the Local Authority to process the matters

63. As noted above, the Otago Regional Council considers that main constraint on its capacity to process the matters is its wish to focus on developing a new Land and Water Regional Plan.

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EPA recommendation on where to refer the matter if called in

64. The EPA notes that a key benefit of a Board of Inquiry would be the requirement for a decision within nine months of your Direction to call the matters being publicly notified¹³. Also, the ability to appoint up to five members would provide access to a broad range of relevant knowledge and decision-making

experience.

65. However, given the COVID-19 situation, it is acknowledged there may be issues with appointment of suitable members to a Board of Inquiry in a short timeframe.

66. The EPA has contacted the Environment Court and the Chief Judge confirms that these matters could be progressed in a timely way. In the current circumstances, the EPA agrees with the Otago Regional Council that referral to the Environment Court would be suitable.

Overall advice and recommendation

67. The EPA recommends that you call in the matters by directing them to the Environment Court for decision. The reasons for this recommendation are as follows:

a) We consider that the matters are part of a proposal of national significance;

b) Both plan changes are important parts of a broader programme to implement the NPS-FM;

c) Calling in the related plan changes as part of the same proposal of national significance for a decision at the same time would;

i. be an efficient way of achieving a consistent decision on each plan change;

ii. assist the Otago Regional Council by allowing its staff to focus on developing a new Land and Water Regional Plan; and

iii. avoid potential delays associated with the Schedule 1 process of the RMA that could complicate the development of a new Land and Water Regional Plan;

d) The Otago Regional Council supports the plan changes being referred to the Environment Court provided that this can take place in a timely manner.

Direction Alternatives

If you call in the matters but refer the matters to a Board of Inquiry for decision

68. To support the appointment of a Board of Inquiry, further work will be undertaken by the EPA and the Ministry for the Environment to:

a) Screen potential BOI candidates for their availability and suitable skills and experience;

b) Prepare a Cabinet Paper relating to your recommended candidates;

c) Confirm appointments to the BOI: and

13 Section 149R(2) of the RMA

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d) Assist the Board in the development of its inquiry process.

69. The EPA could provide further advice on these aspects on request.

If you do not call in the matters

70. If you decide not to call in the plan changes, the EPA will give notice of your decision to the local authority and the Otago Regional Council will continue to process the plan changes.

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Attachment A: Initial request from Otago Regional Council to call in Plan Change 7 - Water Permits (WPPC), dated 27

February 2020

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Attachment B: Initial request from Otago Regional Council to

call in the Omnibus Plan Change, dated 27 February 2020

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Attachment C: Further letter from the Otago Regional Council,

dated 1 April 2020

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1 April 2020

Environmental Protection Authority Private Bag 63002

Wellington 6140

BY EMAIL: [email protected]

Dear Jillian

Response to EPA Letter of 31 March re: ORC’s request for the Minister for the Environment to call in Plan Change 7, and the Omnibus Plan Change.

Thank you for your letter dated 31 March 2020, in relation to the request to the Minister for the Environment to call in Plan Change 7, and the Omnibus Plan Change (referred to as the matters). You have asked for the Otago Regional Council’s position in relation to four matters, and we respond as follows:

If the Matters are called in, whether the Minister should direct matters to be heard and decided by a Board of Inquiry, or the Environment Court; and why;

ORC did not initially indicate a preference for a process in its letter to the Minister. However, our position is that our preference would be to have the matters heard by the Environment Court. When the matter of a call-in was discussed by Governance in February this year, there was a high level of confidence expressed that an Environment Court process would provide an appropriate level of robustness.

ORC has also had dialogue with Chief Environment Court Judge to discuss availability of the Court to respond. This discussion provided ORC with a level of confidence that the Environment Court process can be undertaken in a timely manner.

In addition, the current COVID-19 situation means that, in practice, being able to undertake all the necessary legal and practical steps required to convene a Board of Inquiry are significantly more problematic. We understand that the Justice System has already resumed some services, and more will come online soon, and this provides surety in terms of facilitating a process.

Confirmation that the Council has complied with Section 143 of the RMA for both plan changes;

ORC provided information in relation to s143 of the Act to Minister Parker last week, and for consistency, we now provide you with the same information in relation to the requirements outlined in Section 143 of the Act. ORC is satisfied that we have met all the requirements outlined in the relevant clauses to the First Schedule.

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Relevant Clause from RMA

Detail Completed Plan

Change 7

Completed for Plan Change 8 & Plan Change 1 Clause 2, 1^st Schedule Clause 2 simply

requires a local authority to commence a plan change

ORC commenced Plan Change 7 in 2019.

This requirement has been satisfied.

ORC commenced Plan Change 8 and Plan Change 1 in 2019. This requirement has been satisfied.

Clause 3, 1^st Schedule Clause 3 required pre- notification

consultation with statutory parties

Clause 3 consultation occurred from 5 – 13 February.

Clause 3 consultation occurred from 17 – 28 February.

Clause 4, 1^st Schedule Clause 4 relates only to District Plans

Not relevant to ORC. Not relevant to ORC.

Clause 4A, 1^st Schedule

Clause 4A requires additional pre- notification

consultation with iwi authorities

Clause 4A

consultation occurred from 19 – 26

February.

Clause 4A consultation occurred from 9 – 13 March.

Clause 5, 1^st Schedule Clause 5 requires the preparation of an evaluation report in accordance with Section 32 of the Act.

The section 32 report for Plan Change 7 was completed on 13 March.

The section 32 report for Plan Change 8 and Plan Change 1 was completed on 20 March.

Clause 5(1)(a), 1^st Schedule

Clause 5(1)(a) requires particular regard to the s32 report in deciding whether to notify or not.

The s32 and associated plan change was considered and approved for

notification by Council on 11 March.

The s32 and associated plan changes were to be considered for approval on

Wednesday 25^th March.

Clause 5(1)(b), 1^st Schedule

Clause 5(1)(b)

requires either public or limited

notification.

Plan Change 7 was publicly notified on 18 March 2020.

The Omnibus Plan Change has not been to Council yet for

adoption.

The status of the plan changes

Plan Change 7, consistent with the above table, was publicly notified on 18 March and is currently open for submissions. Submissions close on 17 April 2020. In response to COVID-19 and some concerns raised by members of the community, Council is currently in the process of extending the closing date for submissions out to 4 May 2020.

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With regard to the Omnibus Plan Change, Council is working to confirm a new Council meeting date, now that the COVID-19 Response Act has been passed. The adoption of the Omnibus Plan Change will be on the next available Council agenda, likely to be Thursday 9 April. Our intention is to seek a resolution from Council that would instruct notification of the matter immediately following receipt of the Minister’s decision, should that decision be to not call in the matter. Notification by Council would not occur should the Minister issue a Direction to call-in the matter.

We propose that an addendum to this letter be issued following the conclusion of that Council meeting.

ORC’s capacity to process the plan changes

Processing of these three plan changes (the matters) was likely to be undertaken by a combination of ORC staff and consultants in order that work on the Regional Policy Statement review and the review of the Water Plan could continue unabated. Given the current COVID-19 situation, it is now likely that Council would need to contract out more of the processing work in order to meet the Minister’s recommendations to Council which was accepted by Council.

Benediction

If you would like further clarification on any matters in this letter, please don’t hesitate to contact Peter Constantine (phone 022 177 0648 or [email protected]).

Yours sincerely

Hon Marian L Hobbs Chairperson