Spatial Planning Act 2023

1: Title
This Act is the Spatial Planning Act 2023.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
1: Preliminary provisions
Purpose and related provision
3: Purpose
The purpose of this Act is to provide for regional spatial strategies that—
a: assist in achieving—
i: the purpose of the Natural and Built Environment Act 2023
ii: the system outcomes set out in that Act; and
b: promote integration in the performance of functions under the Natural and Built Environment Act 2023 Land Transport Management Act 2003 Local Government Act 2002 Water Services Entities Act 2022
4: How regional spatial strategies promote integration
1: A regional spatial strategy has effect under the following legislation, as follows and to the extent provided for in that legislation: Natural and Built Environment Act 2023
a: a natural and built environment plan under the Natural and Built Environment Act 2023 see section 166(2)(c) Land Transport Management Act 2003
b: a regional transport committee under the Land Transport Management Act 2003 LTMA see section 14(a)(iii)
c: the Minister under the LTMA must take into account any relevant regional spatial strategy when preparing or reviewing a Government policy statement on land transport ( see section 67(1)(b)(iii) Local Government Act 2002
d: a long-term plan under the Local Government Act 2002 LGA see clause 1A of Schedule 10
e: an annual report under the LGA must include a statement on the local authority's progress in implementing or progressing those key actions ( see clause 26A of Schedule 10 Water Services Entities Act 2022
f: the board of a water services entity under the Water Services Entities Act 2022 WSEA see section 148(7)
g: an asset management plan under the WSEA must not be inconsistent with the relevant regional spatial strategies ( see section 152(2)
h: the board of a water services entity under the WSEA must take into account the relevant regional spatial strategies when preparing the financial strategy for a funding and pricing plan ( see section 154(3)
i: an infrastructure strategy under the WSEA must not be inconsistent with the relevant regional spatial strategies ( see section 158(9)
2: This section is a guide only to the general scheme and effect of other legislation that provides for the effect of regional spatial strategies. Tiriti o Waitangi and other matters
5: Tiriti o Waitangi
All persons exercising powers and performing functions and duties under this Act must give effect to the principles of te Tiriti o Waitangi
6: Iwi and hapū responsibilities in relation to te taiao
All persons exercising powers and performing duties and functions under this Act must recognise and provide for the responsibility and mana of each iwi and hapū to protect and sustain the health and well-being of te taiao in accordance with the kawa, tikanga Māori (including kaitiakitanga), and mātauranga Māori in their rohe or takiwā.
7: Protected customary rights in common marine and coastal area
All persons exercising powers and performing functions and duties under this Act must recognise and provide for the protection and exercise of protected customary rights. Interpretation and other matters
8: Interpretation
1: In this Act, unless the context otherwise requires,— cross-regional planning committee section 39 cross-regional spatial strategy section 40 Crown entity section 7 engagement agreement section 36 evaluation report clause 2 7 implementation plan section 55(1) interested party clause 1(1)(c) key action section 16(1)(c) lead Minister natural and built environment plan section 11 parent committee section 39(2)(a) public notice
a: section 12
b: any requirements for the manner in which public notice is given that are prescribed by the regulations publicly available
a: in a readily accessible format on an Internet site that—
i: is administered by or on behalf of the regional planning committee or other person who is required to make the document or other information publicly available; and
ii: is available to the public as far as practicable and free of charge; and
b: in any other manner required by the regulations regional spatial strategy Part 2 regulations section 73 review sections 43 to 46 51(3) 64 water services entity section 6
2: A term or an expression that is defined in the Natural and Built Environment Act 2023
9: General transitional, savings, and related provisions
The transitional, savings, and related provisions set out in Schedule 1
10: Transitional, savings, and related provisions for upholding Treaty settlements, NHNP Act, and other arrangements
The transitional, savings, and related provisions set out in Schedule 2 NHNP Act
11: Act binds the Crown
This Act binds the Crown.
2: Regional spatial strategies
1: Requirement for regional spatial strategies
12: Every region must have regional spatial strategy
There must at all times be a regional spatial strategy for each region.
13: Geographical boundaries of regional spatial strategies
The boundary of the area where a regional spatial strategy applies must align with the boundary of the region to which the strategy relates.
14: Special provision for certain regions and other areas
Nelson and Tasman
1: There must be 1 regional spatial strategy that applies to both the region of the Nelson City Council and the region of the Tasman District Council (and this Act applies to those regions as if they were a single region). Chatham Islands
2: The regional planning committee for the Chatham Islands Territory—
a: is not required to have a regional spatial strategy for the territory; and
b: if the committee starts to prepare a strategy, may stop the preparation process at any time.
3: In subsection (2), Chatham Islands Territory section 5 Offshore islands administered by Minister of Conservation
4: A regional spatial strategy must not apply to an offshore island that is administered by the Minister of Conservation acting as a local authority.
5: This section applies despite any other provision of this Act.
2: Scope and contents of regional spatial strategies
15: Scope of regional spatial strategies
1: A regional spatial strategy must—
a: set the strategic direction for the use, development, protection, restoration, and enhancement of the environment of the region for a time span of not less than 30 years; and
b: provide for the integrated management of the environment, including by providing strategic direction for the instruments in the planning system that are referred to in section 4
c: support the efficient and effective management of the environment; and
d: give effect to the national planning framework to the extent that the framework directs; and
e: otherwise be consistent with the national planning framework; and
f: be consistent with any environmental limit or mandatory target that is set in the region’s natural and built environment plan; and
g: be consistent with any water conservation order that applies in the region.
2: In complying with this section and section 16
3: In this section, mandatory target section 119(1)
16: General contents and form of regional spatial strategies
1: A regional spatial strategy must—
a: set out a vision and objectives for how to use, develop, protect, restore, and enhance the region’s environment in a way that achieves the purpose of this Act; and
b: support the vision and objectives by identifying and otherwise providing for—
i: the key matters listed in section 17
ii: any other matters that the regional planning committee considers are of regional or national importance in terms of section 18
c: set out the actions that the committee considers are critical for making progress towards the vision and objectives (the key actions
2: A regional spatial strategy must—
a: set the vision and objectives at a level that is consistent with the requirement under section 15(1)(a) and (b)
b: provide for the matters referred to in subsection (1)(b) of this section only to the extent that the regional planning committee considers they are of strategic importance to the region or country.
3: A regional spatial strategy (including any maps and other visual illustrations of spatial matters) must be in the form prescribed by the national planning framework and the regulations.
17: Contents of regional spatial strategies: key matters
1: The key matters referred to in section 16(1)(b)(i)
a: areas that require or may require protection, restoration, or enhancement:
b: areas of cultural heritage and areas with resources that are of significance to Māori:
c: areas that are appropriate for urban development and change, including existing, planned, or potential urban centres of scale:
d: areas that are appropriate for developing, using, or extracting natural resources, including generating energy:
e: areas that are appropriate to be reserved for rural use (for example, because they contain highly productive land) or where there is expected to be change in the type of rural use:
f: areas of the coastal marine area that are appropriate for development or change in use:
g: matters relating to infrastructure, including—
i: existing, planned, or potential infrastructure that is or may be required to meet current and future needs:
ii: opportunities to make better use of existing infrastructure:
h: matters relating to climate change mitigation, including—
i: indicative locations for infrastructure that is or may be required to support the production of renewable energy or other measures to reduce greenhouse gas emissions:
ii: areas that are suitable for land use change that would support reductions in greenhouse gas emissions:
i: matters relating to risks arising from natural hazards and the effects of climate change, including—
i: areas that are or will be vulnerable to those risks:
ii: indicative locations for infrastructure that is or may be required to reduce those risks or increase resilience to them:
iii: areas that are suitable for land use change that would reduce those risks or increase resilience to them:
iv: other measures to reduce those risks or increase resilience to them:
j: areas where any development or change in use needs to be carefully managed because the areas are subject to constraints (other than those described in paragraph (i)(i)):
k: the indicative location of planned or potential business and residential activities and the likely general scale and intensity of those activities, if that information is necessary to inform the consideration of any other matters described in this subsection.
2: In this section and section 18 infrastructure section 11 urban centre of scale
a: a region, district, city, town, or rural community; or
b: a group of suburbs or neighbourhoods.
18: Contents of regional spatial strategies: other matters of regional or national importance
1: A matter is of regional or national importance section 16(1)(b)(ii)
a: the matter is likely to do either or both of the following at a level of regional significance:
i: increase or reduce the use of land or water, or change its use:
ii: increase, reduce, or change transport patterns (being patterns relating to location, frequency, or modes of travel):
b: the matter relates to environmental effects that are best managed at a regional level (such as effects on water catchments):
c: the matter is of a scale or significance that requires planning for, or investment in, infrastructure to be done or arranged at a regional level:
d: the matter is critical to the development or functioning of the region or any of its cities:
e: providing for the matter would support the response to an issue in an adjacent region:
f: the matter is critical to the regional or national economy:
g: the matter relates to a regionally or nationally significant feature or activity (regardless of whether the feature is a place of national importance as defined in section 415
h: the matter requires collaboration—
i: between 2 or more infrastructure providers; or
ii: between 2 or more local authorities; or
iii: between 1 or more local authorities and the central government.
2: For the purposes of subsection (1), something may be of regional or national importance regardless of whether it directly affects the entire region or country.
19: Statutory acknowledgements attached to regional spatial strategies
1: Every statutory acknowledgement that applies in a region must be attached to, and treated as part of, the regional spatial strategy for that region.
2: The provisions of the legislation that provides for the statutory acknowledgement apply.
3: However, a statutory acknowledgement attached to a regional spatial strategy is not subject to the processes applying under this Act for the preparation of a strategy that provide for a strategy to be amended, reviewed, or replaced.
20: Te Ture Whaimana
1: Te Ture Whaimana is intended by Parliament to be the primary direction-setting document for the Waikato and Waipā Rivers and activities within their catchments affecting the rivers ( see
2: Te Ture Whaimana in its entirety is deemed to be part of any regional spatial strategy that affects the Waikato River or the Waipā River or activities within their catchments, and the remainder of the strategy must give effect to Te Ture Whaimana.
3: In this section, Te Ture Whaimana
a: Schedule 2
b: Schedule 1
c: Schedule 1
3: Preparation and review of regional spatial strategies
Preparation and adoption of regional spatial strategies
21: How and when regional spatial strategies are prepared and adopted
1: The regional spatial strategy for a region, and any amendments to it, must be adopted—
a: by the region’s regional planning committee; and
b: using a process adopted under section 28
2: A regional planning committee must not start a process to amend or replace its regional spatial strategy unless the committee has completed a review.
3: A regional planning committee may,—
a: after completing a review, start the process to amend or replace its regional spatial strategy at any time the committee considers appropriate; and
b: include proposals resulting from 1 or more reviews in a single process to amend or replace its strategy.
4: Subsection (1)(b) does not limit the ability of a regional planning committee to consult, or otherwise seek the views of, the public generally or any person or class of persons at any time and in any way during the preparation of a regional spatial strategy.
5: This section is subject to—
a: sections 52 to 54
b: section 63 Considerations, etc, when preparing regional spatial strategies
22: General requirements: use and presentation of information
Quality and completeness of information
1: A regional planning committee must ensure that its regional spatial strategy is,—
a: as far as practicable, based on robust and reliable evidence and other information, including mātauranga Māori, that is proportionate to the level of detail required in the particular context; and
b: prepared in accordance with any requirements in the regulations about the methodology and data or other information that must be used.
2: The regional planning committee must not use an uncertainty or inadequacy in the available information as a reason to omit content from its regional spatial strategy if the committee considers that including the content is necessary to achieve the purpose of this Act.
3: If the regional planning committee is using information that is uncertain or inadequate, the committee must have regard to—
a: the extent of the uncertainty or inadequacy; and
b: how content in its regional spatial strategy that is based on the information may become more detailed or otherwise be improved over time, including through—
i: key actions that support the development of more certain or complete information; and
ii: provision for the strategy to be reviewed under section 46 Scale and level of detail
4: The regional planning committee must be satisfied that each matter covered in its regional spatial strategy is provided for at a spatial scale that is appropriate to the matter.
5: The regional planning committee must also be satisfied that its regional spatial strategy provides for each matter at a level of detail that—
a: reflects—
i: the evidence and other information available about the matter; and
ii: the extent of work or planning already undertaken on any relevant activity or proposal; and
b: gives sufficient flexibility to enable the persons who have a role in implementing or progressing the strategy to do so in the most appropriate and efficient way; and
c: subject to paragraphs (a) and (b), is sufficient to give reasonable certainty to those persons about the matter. How information is set out
6: The regional planning committee must consider how to set out its regional spatial strategy in a way that is easy for interested parties and other members of the public to use and understand, including through the appropriate use of maps and other visual illustrations of spatial matters.
7: Subsections (4) to (6) are subject to section 16(3)
23: General considerations: instruments
1: A regional planning committee must comply with this section in preparing a regional spatial strategy. Instruments to which regional planning committee must have particular regard
2: The regional planning committee must have particular regard to the following, to the extent relevant to the regional spatial strategy:
a: the Government policy statements listed in Schedule 3
b: any statement of regional environmental outcomes or statement of community outcomes that is provided to the committee within the period specified in subsection (3); and
c: any planning document that is—
i: recognised by an iwi authority or a group that represents hapū; and
ii: provided or available to the committee before the strategy is adopted; and
d: any statement that is—
i: prepared by an iwi authority or a group that represents hapū of a region to express their view on how te Oranga o te Taiao can be upheld at the regional and local levels; and
ii: provided or available to the committee before the strategy is adopted.
3: For the purposes of subsection (2)(b), the period is 30 working days after the regional planning committee gives public notice of adopting the process to prepare the regional spatial strategy ( see section 29(2)(a)
4: For the purposes of subsection (2)(c) and (d), a planning document or statement is available
a: in the case of a planning document or statement, the document or statement is published on an Internet site that can be accessed by the public free of charge:
b: in the case of a planning document, the document is recorded under section 755 Instruments to which regional planning committee must have regard
5: The regional planning committee must have regard to the following, to the extent relevant to the regional spatial strategy:
a: any instrument made under other legislation (other than one referred to in subsection (2)), including any—
i: statutory acknowledgement:
ii: plan prepared under section 14
iii: statement of the Government’s response under section 18
b: any instrument (other than one made under legislation) that is made for the purpose of complying with New Zealand’s international obligations, including any strategy or plan published by the Government in response to the requirements of article 6 of the Convention on Biological Diversity 1992 or a direction from the Conference of the Parties of the Convention; and
c: any instrument notified in the Gazette
6: A notice under subsection (5)(c) may—
a: identify any published instrument that the Minister considers is relevant to a regional spatial strategy, a class of strategies, or all strategies; and
b: apply in relation to that strategy or those strategies.
7: The Minister must make the notice publicly available.
8: In this section,— instrument statement of community outcomes section 51(1)(b) statement of regional environmental outcomes section 49(1)(b)
24: General considerations: other matters
In preparing a regional spatial strategy, a regional planning committee must have regard to—
a: any cumulative effects of the use and development of the environment; and
b: whether implementation of the strategy could have effects on the natural environment that have, or are known to have, significant or irreversible adverse consequences; and
c: any technical evidence and advice, including advice on mātauranga Māori, that the committee considers relevant.
25: Customary marine title areas
1: This section applies to a regional planning committee each time—
a: a regional spatial strategy is being prepared; and
b: the proposed strategy applies to a customary marine title area.
2: The regional planning committee must initiate the process required by section 93(7)
a: recognise and provide for any matters in any planning document to the extent that they relate to a customary marine title area; and
b: have particular regard to any matters in any planning document to the extent that they relate to the common marine and coastal area outside the customary marine title area.
3: In this section, planning document section 85
26: Identified Māori land
1: This section applies if a regional planning committee is preparing a regional spatial strategy that identifies—
a: the need for potential infrastructure or infrastructure corridors or sites that may require a designation; and
b: the potential location of the infrastructure or infrastructure corridors or sites (whether that is done by identifying a specific location or a wider area in which the infrastructure or infrastructure corridors or sites may be located).
2: In identifying the potential location, the regional planning committee must—
a: act in a manner that recognises that identified Māori land is a taonga tuku iho for the owners of the land and the hapū associated with the land; and
b: consider the rights and interests of owners of identified Māori land to retain, control, utilise, and occupy the land for the benefit of present and future generations of owners, their whānau, and their hapū.
27: Incorporation of information from natural and built environment plans
1: A regional spatial strategy may incorporate the following from the region’s operative natural and built environment plan:
a: information about the state and characteristics of the environment, including information about infrastructure and other aspects of the built environment:
b: information that reflects decisions about—
i: whether areas or features of the environment have particular characteristics, should be classified in a particular way, or meet related criteria that are set out in legislation:
ii: designations:
c: environmental limits and targets that are set in the plan.
2: Before incorporating the information, a regional planning committee must consider whether, in the period since the natural and built environment plan became operative,—
a: there has been a significant change in the relevant environment:
b: any significant new information about the relevant environment has become available.
3: The regional planning committee may incorporate the information when adopting or amending a regional spatial strategy under section 21
4: In doing so, the regional planning committee need not—
a: comply with sections 22 to 26
b: have regard or respond to any submission or other comment received on the information during the process for preparing the strategy, except to the extent that the submission or other comment relates to the matters described in subsection (2). Process for preparing regional spatial strategies
28: Regional planning committees must adopt process
1: A regional planning committee must—
a: adopt a process for preparing its regional spatial strategy each time it intends to prepare a strategy; and
b: comply with that process.
2: A process must include the procedure for the hearing required by clause 5
3: A process may make different provision (for example, different steps or methods of seeking views) for preparing different aspects of a regional spatial strategy.
4: A regional planning committee may adopt detailed provisions for its process in stages, so long as—
a: the committee adopts an outline for the overall process before any stage of the process begins; and
b: the outline states when the detailed provisions for each stage are expected to be adopted.
5: A regional planning committee may amend its process only if—
a: the committee considers that—
i: circumstances have changed since the process was adopted; and
ii: the amended process would better comply with sections 30 to 32
b: the amendment would provide only for additional opportunities to participate in the process.
6: Despite subsection (1)(b) and section 21(1)(b)
29: Process must be made publicly available
1: A regional planning committee must make publicly available—
a: a document setting out a process adopted under section 28
b: if detailed provisions are adopted in stages, documents setting out an outline of the overall process and the detailed provisions for each stage of the process, as the outline and detailed provisions are adopted.
2: The regional planning committee must also give public notice of—
a: a process under section 28
b: if detailed provisions are adopted in stages, each set of detailed provisions being adopted; and
c: where each document referred to in subsection (1) is publicly available.
3: The regional planning committee must ensure that the public has a reasonable period of notice under this section before the committee starts its process (or any stage for which detailed provisions have been adopted).
30: Process design: objectives and principles
1: A regional planning committee must endeavour to design a process for the purposes of section 28
a: supports the preparation of a regional spatial strategy that—
i: complies with section 22
ii: is based on a robust consideration of the options and sound reasons for choosing preferred options; and
b: encourages and enables all persons who may be interested in participating in the preparation of the strategy to participate; and
c: provides interested parties who want to present their views orally with a reasonable opportunity to do so; and
d: provides for a level and type of participation that are proportionate to the matters under consideration in the process; and
e: supports the regional planning committee and interested parties to reach agreement on who will lead key actions (whether the agreement is reached before or after the strategy is adopted).
2: In complying with subsection (1), a regional planning committee must have regard to the following principles:
a: reasonable efforts should be made to remove, reduce, or overcome barriers to participation that are faced by particular communities and are known to the committee; and
b: interested parties should be provided with the following to the extent that the relevant preferences and needs are known to the committee:
i: reasonable access to relevant information in a manner and format that is appropriate to the preferences and needs of those parties; and
ii: a reasonable opportunity to provide their views to the committee in a manner and format that is appropriate to the preferences and needs of those parties; and
c: the views of interested parties should be sought in a way that is effective, having regard to the stage of the process and whose views are being sought; and
d: collaboration between interested parties should be encouraged; and
e: where appropriate, interested parties should be encouraged to lead key actions; and
f: the process should be efficient and cost-effective, including for interested parties.
31: Process must comply with Māori participation arrangements
A regional planning committee must ensure that a process adopted under section 28
a: any applicable Mana Whakahono ā Rohe; and
b: any relevant engagement agreement; and
c: any relevant iwi and hapū participation legislation or agreement under that legislation.
32: Process must contain key steps
1: A regional planning committee must ensure that a process adopted under section 28 Schedule 4
2: However, the process may depart from the requirements of that schedule to the extent (if any) necessary to comply with section 31
33: Minister responsible for Maori Commercial Aquaculture Claims Settlement Act 2004 must be notified
A regional planning committee must notify the Minister responsible for the administration of the Maori Commercial Aquaculture Claims Settlement Act 2004 section 28 Engagement agreements
34: Purpose of engagement agreements
The purpose of an engagement agreement is to provide a mechanism for a regional planning committee and 1 or more Māori groups with interests in the region to—
a: agree and record how the groups are to participate in preparing a regional spatial strategy for the region or an amendment to the strategy; and
b: agree how the groups’ combined participation is to be funded by the committee from the committee’s budget as determined by its statement of intent ( see clause 40
35: When engagement agreements must be initiated
1: A regional planning committee must initiate engagement agreements under section 36
a: for its first regional spatial strategy, as soon as practicable after the committee is established:
b: in any other case, before—
i: replacing its strategy under section 51
ii: amending its strategy following a review.
2: However, a regional planning committee does not need to initiate an engagement agreement for replacing or amending its regional spatial strategy if an existing engagement agreement has been reached that also applies to subsequent replacements and amendments.
36: Initiation and formation of engagement agreements
1: A regional planning committee must initiate engagement agreements by inviting the following Māori groups with interests in the region to enter into 1 or more agreements:
a: iwi authorities, and groups that represent hapū, whose area of interest includes any part of the region:
b: customary marine title groups whose customary marine title area includes any part of the region:
c: other Māori groups with interests in the region, if the committee considers that entering into engagement agreements with those groups is desirable to ensure that the views of all Māori groups with interests in the region are properly considered in preparing the region’s regional spatial strategy.
2: In initiating and developing an engagement agreement, the regional planning committee must use its best endeavours to—
a: achieve the purpose of an engagement agreement; and
b: negotiate the terms of the agreement in good faith and in a timely manner to achieve participation in preparing a regional spatial strategy for the region.
3: However, no Māori group invited to enter into an engagement agreement is required to respond to an invitation under subsection (1).
4: Despite subsection (1), a regional planning committee is not required to initiate an engagement agreement with a Māori group with interests in the region if the committee and the Māori group—
a: are party to a Mana Whakahono ā Rohe; and
b: agree that the Mana Whakahono ā Rohe achieves the purpose of an engagement agreement.
5: A single engagement agreement may—
a: be entered into with 1 or more Māori groups with interests in the region:
b: deal both with the preparation or amendment of a regional spatial strategy and a natural and built environment plan.
37: Form and content of engagement agreements
1: If an engagement agreement is reached, the agreement must—
a: be in writing; and
b: identify the parties to the agreement; and
c: record the agreement of the parties as to—
i: how the parties will participate in preparing or amending the regional spatial strategy; and
ii: how each party will be resourced to participate.
2: The process to reach an engagement agreement ceases if the parties cannot agree the content of the agreement at least 60 working days before the earliest date on which the draft regional spatial strategy or amendment may be notified under clause 4 section 29(2)
38: When engagement agreements end
1: An engagement agreement ceases to apply to the preparation of a regional spatial strategy or amendment once a draft of the strategy or amendment is notified under clause 4
2: However, if the parties agree, even if the agreement no longer applies in accordance with subsection (1), they may leave the engagement agreement in place, or amend it, for future use in processes relating to the regional spatial strategy. Issues affecting 2 or more regions
39: Establishment of cross-regional planning committees
1: A cross-regional planning committee may be established to prepare a cross-regional spatial strategy for issues that are common to 2 or more regions.
2: A cross-regional planning committee may be established—
a: by agreement between the regional planning committees with jurisdiction in those regions (the parent committees
b: at the Minister’s direction.
3: Before the Minister gives their agreement or a direction under subsection (2), they must—
a: be satisfied that the use of a cross-regional planning committee is the most appropriate mechanism to address the issues in a co-ordinated way; and
b: consult—
i: other Ministers who have an interest in the area or in the issues; and
ii: the parent committees.
4: Subject to subsection (7), the parent committees may agree on the membership, procedure, funding, and other matters required for the operation of the cross-regional planning committee.
5: If the cross-regional planning committee is established at the Minister’s direction and the parent committees are unable to agree on the matters referred to in subsection (4), the Minister may give directions on those matters after consulting the parent committees.
6: A cross-regional planning committee is disestablished once it completes the preparation and adoption of the cross-regional spatial strategy under section 40
7: Part 2 clauses 28 and 33
a: a reference to a regional planning committee must be read as a reference to a cross-regional planning committee:
b: a reference to an appointing body must be read as a reference to a parent committee:
c: a reference to a regional spatial strategy must be read as a reference to a cross-regional spatial strategy:
d: the powers of a cross-regional planning committee under clauses 20 29
40: Cross-regional spatial strategies: preparation and adoption
1: A cross-regional planning committee must prepare and adopt a cross-regional spatial strategy for the issues that it was established to address.
2: The cross-regional planning committee must prepare and adopt the cross-regional spatial strategy using a process adopted under section 28
3: For the purposes of subsection (2), sections 28 to 33 Schedule 4
a: a reference to a regional planning committee must be read as a reference to a cross-regional planning committee; and
b: a reference to a regional spatial strategy must be read as a reference to a cross-regional spatial strategy; and
c: a reference to appointing bodies must be read as a reference to the appointing bodies of each parent committee; and
d: an arrangement referred to in section 31
i: as provided for in the arrangement; or
ii: if the arrangement does not expressly deal with the preparation of cross-regional spatial strategies, as the arrangement would apply if the subject matter of the cross-regional spatial strategy were being provided for in the regional spatial strategy of a parent committee; and
e: clause 2(2)(a)
41: Cross-regional spatial strategies: reconsideration
1: A parent committee may direct a cross-regional planning committee to reconsider a proposed cross-regional spatial strategy if the parent committee—
a: considers that the proposed cross-regional spatial strategy is inconsistent with the parent committee’s regional spatial strategy; and
b: makes the direction before the cross-regional planning committee adopts the cross-regional spatial strategy.
2: If directed under subsection (1), a cross-regional planning committee—
a: must reconsider the proposed cross-regional spatial strategy in light of any submissions received from the parent committees; and
b: may—
i: revise the cross-regional spatial strategy, if the cross-regional planning committee considers there is an appropriate way to resolve the inconsistency while addressing the issues that it was established to address; or
ii: in any other case, adopt the cross-regional spatial strategy despite the inconsistency.
42: Cross-regional spatial strategies: incorporation into regional spatial strategies
1: After a cross-regional planning committee adopts a cross-regional spatial strategy, each parent committee must directly incorporate the provisions of the cross-regional spatial strategy into—
a: the regional spatial strategy of the parent committee that is in force when the cross-regional spatial strategy is adopted; and
b: any regional spatial strategy or relevant amendment that is being prepared when the cross-regional spatial strategy is adopted.
2: For the purposes of subsection (1)(a), the parent committee must—
a: make an updated version of the regional spatial strategy that includes the incorporated provisions publicly available; and
b: give public notice of the date on which the provisions were incorporated and where the updated strategy is available.
3: For the purposes of subsection (1)(b), the parent committee must incorporate the provisions of the cross-regional spatial strategy into—
a: any draft of the regional spatial strategy or amendment that the committee prepares or makes publicly available after the cross-regional spatial strategy is adopted; and
b: the regional spatial strategy or amendment that the parent committee adopts.
4: Once provisions from a cross-regional spatial strategy are incorporated into the regional spatial strategy of a parent committee,—
a: the provisions have effect as part of that regional spatial strategy; and
b: except as provided in section 48 Review of regional spatial strategies
43: Regional spatial strategies may be reviewed at any time
1: A regional planning committee may review its regional spatial strategy at any time for the purpose of determining whether the strategy may need to be amended or replaced.
2: The review may relate to—
a: the whole or a part of the regional spatial strategy:
b: the addition of new content to the strategy.
44: Review required if national planning framework amended or replaced
1: If the national planning framework is amended or replaced, every regional planning committee must review its regional spatial strategy to assess whether the strategy needs to be amended to maintain compliance with section 15(1)(d) and (e)
2: If, following the review, the regional planning committee decides that the regional spatial strategy does need to be amended, the committee must amend the strategy as soon as practicable within the time, if any, specified in the national planning framework.
3: If an amendment to the national planning framework is relevant only to a part of the regional spatial strategy, the regional planning committee—
a: need review only that part of the strategy; but
b: must record its reasons for reviewing only that part of the strategy and make them publicly available.
4: This section does not apply to an amendment for which a direction has been made in the national planning framework under section 134(1) see section 52
45: Review required if natural and built environment plans are inconsistent with regional spatial strategies
1: A regional planning committee must review its regional spatial strategy if a natural and built environment plan for the region is inconsistent with the strategy for a reason specified in section 166(3)
2: If, following the review, the regional planning committee decides that an amendment to the regional spatial strategy is needed to respond to the inconsistency, the committee must amend the strategy.
3: If the inconsistency relates only to a part of the regional spatial strategy, the regional planning committee—
a: need review only that part of the strategy; but
b: must record its reasons for reviewing only that part of the strategy and make them publicly available.
46: Review required if provided for in regional spatial strategies
1: This section applies if—
a: a regional spatial strategy requires the strategy to be reviewed in specific circumstances; and
b: the regional planning committee considers that those circumstances have occurred.
2: The regional planning committee must undertake the review required by the strategy.
47: Review of provisions that apply to customary marine title areas
1: This section applies to a regional planning committee each time—
a: a review of its regional spatial strategy is being undertaken; and
b: the review relates to provisions that do or, in the case of provisions that may be proposed, would apply to a customary marine title area.
2: The regional planning committee must initiate the process required by section 93(7)
a: recognise and provide for any matters in any planning document to the extent that they relate to a customary marine title area; and
b: have particular regard to any matters in any planning document to the extent that they relate to the common marine and coastal area outside the customary marine title area.
3: In this section, planning document section 85
48: Review of provisions incorporated from cross-regional spatial strategies
1: This section applies to the review of provisions in a regional spatial strategy that were incorporated from a cross-regional spatial strategy.
2: The regional planning committee—
a: must consult the 1 or more other parent committees when reviewing the provisions; and
b: may amend those provisions by using—
i: a cross-regional planning committee to prepare a new cross-regional spatial strategy for the relevant issues, in accordance with sections 39 to 41
ii: the committee's own process adopted under section 28
49: Review may involve consultation, etc
In reviewing a regional spatial strategy, a regional planning committee may consult, or otherwise seek the views of, the public generally or any person or class of persons at any time and in any way.
50: Public notice of reviews
A regional planning committee must—
a: give public notice of the start and completion of a review of its regional spatial strategy; and
b: make its review report publicly available. Replacement of regional spatial strategies
51: When replacement of regional spatial strategies must start
1: Not later than 9 years after a regional spatial strategy is adopted, the regional planning committee must start the process to replace the strategy.
2: The process starts when the regional planning committee gives public notice under section 29(2)
3: The regional planning committee must review its regional spatial strategy before starting the process to replace it. Amendments not requiring review or section 28 process
52: Amendments directed by national planning framework
1: This section applies if the national planning framework makes a direction under section 134(1)
2: Each regional planning committee must—
a: adopt the required amendment—
i: as soon as practicable within the time, if any, specified in the national planning framework; and
ii: without undertaking a review or using a process adopted under section 28
b: make the amendment publicly available; and
c: give public notice of the date on which the amendment was adopted and where it is available.
53: Amendments provided for in regional spatial strategies
1: This section applies if—
a: a regional spatial strategy provides for a specified amendment to be made to the strategy in specified circumstances; and
b: the regional planning committee considers that those circumstances have occurred.
2: The regional planning committee may adopt the specified amendment without undertaking a review or using a process adopted under section 28
3: The regional planning committee must—
a: make the amendment publicly available; and
b: give public notice of the date on which the amendment was adopted and where it is available.
54: Minor amendments
1: A regional planning committee may amend its regional spatial strategy without undertaking a review or using a process adopted under section 28
2: The regional planning committee must—
a: make the amendment publicly available; and
b: give public notice of the date on which the amendment was adopted and where it is available.
4: Implementation of regional spatial strategies
Implementation plans
55: Implementation plans must be prepared and adopted
1: A regional planning committee must prepare and adopt an implementation plan for its regional spatial strategy.
2: A regional planning committee must prepare and adopt a new implementation plan within 6 months after adopting a new regional spatial strategy.
3: A regional planning committee must make its current implementation plan publicly available.
56: Consultation on implementation plans and agreement of leads
1: Before adopting or amending an implementation plan, a regional planning committee must—
a: consult each person who the committee proposes to identify in the plan as a lead for a key action; and
b: obtain the agreement of each of those persons before identifying them as a lead; and
c: consult iwi authorities, groups that represent hapū, and other Māori groups with interests that relate to or are affected by any of the key actions.
2: However, a regional planning committee may amend an implementation plan without complying with subsection (1) if the amendment only corrects a minor error or makes a similar technical alteration.
57: Contents of implementation plans
1: For each key action in a regional spatial strategy, an implementation plan must—
a: identify each lead for the key action; and
b: state whether the agreement of any person to being identified as a lead is subject to any conditions or limitations and, if so, what they are; and
c: set out—
i: a summary of the key steps that will be taken to implement or progress the key action; and
ii: the extent to which work on the key action is already underway; and
iii: the extent to which the estimated funding and other resources needed to finish implementing the key action have been secured; and
iv: how the implementation of, or progress on, the key action will be monitored and reported on and who will be responsible for the monitoring and reporting; and
v: the interdependencies (if any) between the key action and other key actions.
2: An implementation plan must also set out—
a: the relative priority of the key actions and their sequencing; and
b: a summary of decisions that have been—
i: made by any person about funding or investment; and
ii: considered by the regional planning committee in deciding the priority and sequencing of the key actions.
3: Nothing in this section requires or authorises the disclosure of information that is commercially sensitive.
4: The information in the implementation plan must be set out as prescribed by the regulations.
58: Review of implementation plans
1: A regional planning committee must review its implementation plan not later than 3 years after the plan was adopted or last reviewed (whichever occurred later).
2: A regional planning committee must also review its implementation plan if—
a: the committee amends its regional spatial strategy; and
b: the amendment includes changes that may be relevant to the content of the plan.
59: Reporting on implementation plans
1: A regional planning committee must monitor and report annually on the implementation or progress of each key action in its implementation plan.
2: The regional planning committee must prepare a report for each financial year and make it publicly available within 3 months after the end of the financial year to which the report relates.
3: The report must include an assessment of the extent to which the activities being carried out under the implementation plan give effect to the principles of te Tiriti o Waitangi
4: A lead for a key action must—
a: provide any information reasonably required by the regional planning committee for the purposes of the report; and
b: notify the committee as soon as practicable if the lead becomes aware that information they have provided is or has become inaccurate. Implementation agreements
60: Implementation agreements
1: Two or more persons who have a role in implementing or progressing a key action may enter into an implementation agreement.
2: An implementation agreement must—
a: set out a programme of the activities that the parties intend to carry out to implement or progress the key action, including the sequencing of those activities; and
b: identify the sources of funding for those activities, including any legal requirements that must be met to access the funding.
3: An implementation agreement is not enforceable.
4: This section does not limit the ability of the persons referred to in subsection (1) to enter into any other kind of agreement or contract between each other.
5: Regional planning committees must make publicly available the information about implementation agreements that is prescribed by the regulations.
3: General powers, duties, and other matters
1: Powers and duties
Ministerial powers to intervene and assist
61: Minister may require information
1: The Minister may give written and dated notice requiring information to be supplied by the following bodies:
a: a regional planning committee:
b: a local authority:
c: a network utility operator or other applicant approved as a requiring authority.
2: The information that may be required is information that—
a: is about,—
i: in the case of a regional planning committee, the committee’s exercise or performance of any of its powers, functions, or duties under this Act or its responsibilities under an implementation plan; or
ii: in the case of a local authority, the authority’s compliance with either of the requirements described in section 4(1)(d) and (e)
iii: in the case of a network utility operator or other applicant, the performance of its responsibilities under an implementation plan; and
b: is held by the body or can reasonably be produced by the body; and
c: may reasonably be required by the Minister.
3: The body must supply the information to the Minister within—
a: 20 working days after the date of the notice; or
b: a longer time set by the Minister.
4: The body must not charge the Minister for supplying the information. 1991 No 69 s 27
62: Minister may investigate and recommend
1: The Minister may—
a: investigate the exercise or performance by a regional planning committee or local authority of any of its powers, functions, or duties under this Act; and
b: make recommendations to the committee or local authority on its exercise or performance of those powers, functions, or duties; and
c: investigate the failure or omission by a regional planning committee or local authority to exercise or perform any of its powers, functions, or duties under this Act; and
d: make recommendations to the committee or local authority on its failure or omission to exercise or perform those powers, functions, or duties.
2: The Minister may require a regional planning committee or local authority to—
a: set out how the committee or local authority is responding to the Minister’s recommendations; and
b: make that information publicly available. 1991 No 69 s 24A
63: Minister may direct amendments of regional spatial strategies
1: The Minister may direct a regional planning committee to amend its regional spatial strategy if the Minister is satisfied that the amendment is necessary or desirable to ensure that the strategy complies with any of—
a: section 15(1)(d) to (g)
b: sections 16 to 18
2: In giving a direction, the Minister—
a: may direct the committee to make an amendment that deals with the whole or a specified part of the committee’s region; and
b: must specify a reasonable period within which the committee must give public notice of the draft amendment as part of a process adopted under section 28
3: The Minister must—
a: provide reasons for giving the direction and make their reasons publicly available; and
b: prepare a statement of expectations that sets out the objectives expected to be achieved, which the regional planning committee must have regard to; and
c: consult any other Minister with a relevant portfolio or other person the Minister considers appropriate to consult on the content in the statement of expectations.
4: The regional planning committee must—
a: report to the Minister on how the committee has had regard to the statement of expectations; and
b: make the report publicly available.
5: The regional planning committee need not undertake a review before starting the process to amend its regional spatial strategy in accordance with this section.
6: For the purposes of subsection (1)(b), sections 16 to 18 1991 No 69 s 25A
64: Ministers may direct that reviews of regional spatial strategies be undertaken
1: The Minister may direct a regional planning committee to commence a review of the whole or any part of a regional spatial strategy (except in relation to the coastal marine area) and, if the Minister does so, must specify a reasonable period within which the review must commence.
2: The Minister of Conservation may direct a regional planning committee to commence a review of the whole or any part of a regional spatial strategy so far as it relates to the coastal marine area and, if the Minister does so, must specify a reasonable period within which the review must commence.
3: The relevant Minister must—
a: provide reasons for giving the direction and make their reasons publicly available; and
b: prepare a statement of expectations that sets out the objectives expected to be achieved, which the regional planning committee must have regard to; and
c: consult any other Minister with a relevant portfolio or any other person the relevant Minister considers appropriate to consult on the content in the statement of expectations.
4: The regional planning committee must—
a: report to the relevant Minister on how the committee has had regard to the statement of expectations; and
b: make the report publicly available.
5: If, following the review, the regional planning committee decides that an amendment to the regional spatial strategy is needed, the committee must amend the strategy using a process adopted under section 28 1991 No 69 s 25B
65: Minister may direct that other action be taken
1: This section applies to powers, functions, or duties under this Act other than those for which a direction is made under section 63 64
2: The Minister may direct a regional planning committee or local authority to exercise or perform a power, function, or duty if the Minister is satisfied that—
a: the committee or local authority is not exercising or performing the power, function, or duty—
i: to the extent that the Minister considers necessary to achieve the purpose of this Act; or
ii: within the time frame required by this Act or the national planning framework; and
b: reasonable steps have been taken to assist the committee or local authority to exercise or perform the power, function, or duty to that extent.
3: The Minister must—
a: provide reasons for giving the direction and make their reasons publicly available; and
b: identify the power, function, or duty that must be exercised or performed.
4: The regional planning committee or local authority must, within 20 working days after receiving the direction,—
a: set out for the Minister how the committee or local authority will carry out the direction, including any associated milestones, time frames, or monitoring; and
b: make that information publicly available.
66: Minister may make grants and loans
1: The Minister may make grants or loans to any person to assist in achieving the purpose of this Act.
2: The Minister may impose terms and conditions on a grant or loan as the Minister thinks fit.
3: Money spent or advanced by the Minister under this section must be paid out of money appropriated by Parliament for the purpose.
4: Money received by the Minister under this Act must be paid into a Crown Bank Account or other account approved by the Minister of Finance. 1991 No 69 s 26 Duty of others to assist
67: Duty to assist regional planning committees
1: This section applies to the following persons:
a: chief executives of departments:
b: Crown entities:
c: local authorities:
d: iwi authorities and groups that represent hapū:
e: network utility operators or other applicants approved as requiring authorities.
2: The person must provide information or technical support to a regional planning committee free of charge if—
a: the committee requests the information or support to assist the committee in performing or exercising its powers, functions, or duties under this Act; and
b: it is practical and reasonable for the person to provide the information or support without charge.
2: Protection of rights or interests in freshwater and geothermal resources
68: Rights or interests in freshwater and geothermal resources preserved
Purpose
1: The purpose of this section is to achieve both of the following outcomes:
a: any rights or interests in freshwater or geothermal resources are preserved, consistent with assurances given by the Crown to the High Court in 2012, and recorded in New Zealand Māori Council v Attorney-General
b: this Act, and duties, functions, and powers under this Act, operate effectively. Act does not create, transfer, extinguish, or determine rights or interests
2: This Act and legislation made under it do not—
a: create or transfer any proprietary right or interest in freshwater or geothermal resources:
b: extinguish or determine any customary right or interest (for example, one founded on, or arising from, aboriginal title or customary law) that may exist in freshwater or geothermal resources. Nothing in section affects duties, functions, and powers under Act
3: Nothing in this section affects, or affects the lawfulness or validity of the performance or exercise by any person of, any duty, function, or power under this Act. 2010 No 24 s 90(1)(a) 2014 No 74 s 15(5)(a) 2017 No 7 s 46(1), (2)(b) 2022 No 77 s 10
3: Miscellaneous provisions
69: Interests in land are not taken or injuriously affected by regional spatial strategies
An interest in land must be treated as not being taken or injuriously affected by any provision in a regional spatial strategy unless this Act provides otherwise. 1991 No 69 s 85(1)
70: Declarations by Environment Court
See section 637(1)(h) and (i)
a: the existence or extent of any function, power, right, or duty under this Act; or
b: any other issue or matter relating to the interpretation or administration of this Act.
71: System performance
See sections 772 to 775
a: the chief executives of the responsible departments to prepare an integrated monitoring, reporting, and evaluation framework for the operation and effectiveness of this Act and the Natural and Built Environment Act 2023 relevant Acts
b: those chief executives to report on the monitoring, operation, and effectiveness of the relevant Acts:
c: local authorities to prepare an annual report on the costs, drivers, and funding associated with discharging their functions, duties, and powers under the relevant Acts.
72: Application of Local Government Official Information and Meetings Act 1987
See clause 30 Local Government Official Information and Meetings Act 1987 Secondary legislation
73: Regulations
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations—
a: providing for anything this Act says may or must be provided for by regulations; and
b: prescribing how information in an implementation plan must be set out, including the level of detail that must be contained in that information; and
c: prescribing requirements for the methodology and information that is used to prepare the scenarios and options referred to in clause 2
d: prescribing requirements for—
i: the methodology that is used to prepare evaluation reports; and
ii: the form of those reports; and
e: prescribing requirements for the form of information that may be prescribed for the purposes of clause 4(a)(iii) 7(1)(a)(iii)
f: providing for anything incidental that is necessary for carrying out, or giving full effect to, this Act.
2: Before making a recommendation under subsection (1), the Minister must consult any regional planning committee that the Minister considers is likely to be affected by the regulations.
3: Regulations made under this section may apply generally throughout New Zealand or within any specified part or parts of New Zealand.
4: Regulations made under this section may incorporate material by reference under section 154
5: In the event of an inconsistency between regulations made under this section and the national planning framework, the national planning framework prevails.
6: Regulations made under this section are secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
74: Order in Council to amend Schedule 3
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 3 section 23(2)(a)
2: The Minister must not recommend the making of an order under subsection (1) unless satisfied that adding or removing the Government policy statement is consistent with the purpose of this Act.
3: An order made under this section is secondary legislation ( see Part 3 The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Amendments to other Acts
75: Amendments to other Acts
Amend the Acts specified in Schedule 5 2023-08-24 Conservation Act 1987 Environment Act 1986 Environmental Protection Authority Act 2011 Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 Fisheries Act 1996 Lake Wanaka Preservation Act 1973 Land Transport Management Act 2003 Local Government Act 2002 Local Government (Auckland Council) Act 2009 Urban Development Act 2020 Waitakere Ranges Heritage Area Act 2008 Water Services Entities Act 2022