The National Policy Statement on Highly Productive Soil (NPS-HPL) came into effect this week (Monday 17 October 2022), with the objectives, policies and implementation clauses taking immediate legal effect.
The purpose of the NPS-HPL is to protect Aotearoa, New Zealand’s most favourable soil for food and fibre production, limiting the rezoning capacity on highly productive land. High productive land needs to be identified and mapped by Councils within the next three years, with a further two years to update their district and regional plans. The policy has special provisions relating to Māori land, and Councils are required to consult with tangata whenua and territorial authorities.
The NPS-HPL works in conjunction with the NPS on Freshwater Management and the NPS on Urban Development. It provides for a consenting pathway that allows constraints and conflicts with freshwater and urban development policy to be assessed, on a case-by-case basis.
What is HPL?
Land will be considered ‘highly productive’ under the NPS-HPL if it is zoned General Rural or Rural Production and it contains Land Use Capability (LUC) 1, 2 or 3 soils. The identification of land relies on existing LUC system that classifies rural land into 8 separate classes, 1 being the most productive capacity. Land will also be considered high productive if it ‘forms a large and geographically cohesive area’ and, as of 17 October, has not been identified as future development.
Next steps…
Land which meets the above requirements should be treated as HPL before the mapping exercise is carried out by Councils. The intentions of the NPS-HPL will be transitioned into the National Planning Framework developed under the Natural and Built Environments Bill (NBA), set to be one of the three pieces of legislation to replace the RMA.