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FAQs

Hasn’t Central Government announced that they plan on getting rid of the RMA and bringing in new legislation?

Yes – Central Government has recently announced that they plan on scrapping the RMA and introducing new legislation to manage the natural and physical environment.  However, we are not sure when the new legislation will be enacted and how long new plans will take to develop under any new legislation.  Current advice on the Ministry for the Environments website includes the following:

‘As the process for system reform is likely to span a number of years, there are risks of poor outcomes in the interim if councils do not continue to implement national direction requirements and other requirements under the RMA’. 

For these reasons, our current plan is to proceed with the District Plan review.  We will let our community know if this position changes.  

How can I get involved in the District Plan review?

Currently staff are working on discussion documents, which will identify the key issues for the District. 

There will be an opportunity for you in mid-2021 to provide feedback on Council’s discussion documents to tell us whether you think we are on the right track with the issues we have identified so far.

Your feedback will be used to shape the draft District Plan, which we also aim to bring back to the community for further feedback before we formally notify the Proposed District Plan.

How will I be affected by the District Plan review?

The District Plan affects the way in which you can develop your property.  Often District Plan’s go relatively un-noticed for most people until you need to start a new activity or re-develop your property for example subdivision, building or renovations.  It is not until you need to go through these processes that suddenly the District Plan becomes important to you.

Some common examples of this are:

  • How close to the neighbour’s boundary you need to be for your building work
  • How many dwellings you can have on your property
  • Whether you can operate a business from home
  • Whether you can subdivide your property
  • How close to the boundary you can build or extend your house, garage or other buildings.
  • Whether there are any 'special values' relating to your property.

The District Plan will identify a range of activities that are anticipated in the district including where and how they can occur through an objective, policy and rule framework.

What if I have other questions?

If you have any other questions please contact us by email at districtplanreview@kaipara.govt.nz or phone 0800 727 059 to speak to the District Plan Team.

What is a District Plan?

A District Plan is a rulebook for the Kaipara District, which sets the framework for how the communities use and develop land within our district.  It is required by the Resource Management Act 1991 (RMA) that all Council’s need to have a District Plan.

The District Plan includes objectives, policies and rules which will tell you whether or not you need a resource consent for your proposed activity, building development or subdivision.

All of Kaipara’s communities are shaped by the District Plan, which primarily aims to ensure our environment is protected for the next generation, whilst enabling sustainable growth.

What is the District Plan review timeline?

The preparation of a new District Plan spans several years and includes multiples points of community engagement along the way.  Our key milestones will be:

  • Release of discussion documents
  • Release of a Draft District Plan
  • Public notification of Proposed District Plan

We are currently in Stage 1 and will be seeking feedback on our discussion documents (Stage 2) around mid-2021.

What issues will be covered by the District Plan review?

The District Plan manages resource management issues for land use and subdivision activities, which may include:

  • Building development and earthworks
  • Land use activities
  • Subdivision of land
  • Protection of historic heritage, Maori sites and areas of significance, landscapes and biodiversity
  • Managing natural hazards and the effects of climate change
  • Activities on the surface of water

Who makes the final decisions on the District Plan?

While the District Plan decision making process is ultimately determined by the Kaipara District Council’s elected Council, the elected members will shape and develop the discussion documents which will be released to the community for feedback.  This feedback will be incorporated into the draft District Plan. 

When the Proposed District Plan is notified to the public, submissions will be received by Council from the community and submitters will have the opportunity to be heard by a hearings panel who will make a recommendation to Council on the Proposed District Plan.

Any appeals to the Proposed District Plan will be heard by the Environment Court.

Why is KDC doing a District Plan review?

The RMA requires all Council’s to review their District Plans every 10 years.  Kaipara District Council’s District Plan was made Operative on 1 November 2013 and is therefore due for review in 2023.

Since the Kaipara District is growing at such a fast pace, Council has directed staff to begin the review, which will include implementing the National Planning Standards, which were released by the Ministry for the Environment in November 2019.

What are Issues, Objectives, Policies and Rules in a District Plan?

The definitions provided are based on their application in accordance with the Resource Management Act 1991 (RMA).

An issue is an existing or potential problem that must be resolved to promote the sustainable management of natural and physical resources:

"The heritage, cultural, amenity and natural values of an area can be adversely affected by Notable Trees being cut down, damaged or improperly maintained."

An objective is a statement that outlines what is hoped to be achieved through the resolution of a certain issue:

"To identify and protect the Notable Trees of the District, where landowners agree."

A policy sets out what should be done to achieve the objective:

“By encouraging landowners to protect Notable Trees on their land through the provision of information and by offering development incentives."

A rule provides a framework to apply the policy and sets out what activities can occur as permitted activities, and what activities will require resource consent:

"It is a permitted activity to remove a notable tree if Council has confirmed that the tree is dead or if its removal is required for emergency work. Where an activity is not permitted by this Rule, a resource consent is required."