TEL Director, Helen Andrews, was extensively involved in reviewing the Natural and Built Environments (“NBE”) and Spatial Planning Bill for the purpose of submitting to the Environment Select Committee on behalf of the Resource Management Law Association (“RMLA”). Her expertise was used to robustly critique the new Bills and aimed to improve their content to be more efficient. Public submissions are now being called in front of the Environment Select Committee on the new Bills, after submissions closed on 5 February 2023.
The NBE Bill aims to protect and restore the environment while better enabling development, and as the primary replacement for the RMA. The NBE Bill would provide for a National Planning Framework that would replace existing pieces of national direction. Regions would be required to prepare natural and built environment plans.
There have been various critiques of the new Bills, and Helen certainly put her expertise on full display, dissecting part 10 of the Bill for RMLA, as well as contributing to the Association’s overall submission. We are hopeful that the Bill will be better for it.
Fast-Tracking through the MDRS
As outlined previously, the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (“EHSA”) brought forward and strengthened the National Policy Statement on Urban Development 2020 (“NPSUD”) requirements for Tier 1 councils to allow intensification around the main centres and rapid transit routes in those cities. It also introduced the Medium Density Residential Standards (“MDRS”) and required these to be applied across all existing residential areas of Tier 1 councils. All plan changes have been notified. Points of particular interest are:
- Auckland, Hamilton, Wellington, Porirua and Upper Hutt City, and Waikato, Western Bay of Plenty, Kāpiti, Selwyn and Waimakariri District Councils notified their Plan Changes mostly without too much delay;
- Waipā District Council and Hutt City Council made their concerns of a lack of consultation with local government known to central government. Notwithstanding those concerns, their plan changes have been notified;
- On 12 December 2022, the Tauranga City Council withdrew parts of its own submission which related to the extent of the High Density Residential Zone in the Mount Maunganui north area. This was as a result of various submissions, which sought that the Tauranga City Council further consider the nature and extent of proposed intensification in this area. It is currently unclear when this technical review will take place and how it will be undertaken; and
- At the request of Rotorua Lakes Council and its partners Te Arawa Lakes Trust and Te Tatau o Te Arawa, Rotorua Lakes Council is now also required to comply with the requirements of Tier 1 councils under the NPSUD and EHSA, in order to significantly increase housing supply in the District.
Additionally, in September 2022, Christchurch City Council decided not to formally notify and invite submissions on Plan Change 14 to the operative Christchurch District Plan, which would bring the District Plan in line with the MDRS. The Government sought advice from officials as to potential options for addressing this non-compliance.
Before any remedy could be put into effect (but having been put on notice this could occur), Christchurch City Council considered notification of Plan Change 14 at its meeting on 1 March 2023. As a result, Plan Change 14 will now be notified on 17 March 2023, with submissions closing on 3 May 2023. However, Plan Change 14 will include a “qualifying matter” relating to sunlight access to homes, which applies city-wide. This means that (unlike most of the IPI plan changes), no aspect of Plan Change 14 will have legal effect until decisions on the Plan Change are notified.
Despite the delay in notifying Plan Change 14, Christchurch City Council is currently required to issue its decisions on the IHP’s recommendations in respect of Plan Change 14 by 20 August 2023. Presumably Christchurch City Council will also seek an extension to this deadline, if Plan Change 14 is approved for notification.
Three Waters Reform
Submissions closed on 12 February 2023 on the Water Services Legislation Bill and Water Services Economic Efficiency and Consumer Protection Bill. Know as the ‘Three waters Reform’, the Bills have received a lot of attention, mostly controversial.
After an outbreak of campylobacter contamination in Havelock North in 2016 left four people dead, others permanently disabled and thousands sick, the Government started an official inquiry into how local Councils were managing the Three Water services (Drinking water, storm water and wastewater). Since then, Wellington has had sewage bubbling up in the streets, Hawkes Bay reported overwhelming rates bills and crippling debt, storms in Auckland have led to regular beach closures, and the West Coast of the South Island has had to boil drinking water supplies.
The Water Services Legislation Bill is the second of a suite of bills to reform New Zealand’s drinking-water, wastewater and stormwater services—the “three waters” services. Currently, these services are mostly provided by local councils, but under the new regime, water services will be provided by four new publicly-owned water services entities. The purpose of the Water Services Economic Efficiency and Consumer Protection Bill is to provide for the regulation of the price and quality of water infrastructure services, and consumer protection for water infrastructure services. The Bills are both expected to be enacted by October this year, noting that this is around the time of the election (14 October 2023).