There are a number of planning processes under the Resource Management Act (RMA) where you may need assistance in preparing a submission. A submission sets out your thoughts on any development proposal, whether you support or oppose a proposal, and grants you rights to participate in the process.
Urban Planning Consultants are well experienced in all aspects of the RMA and can assist you in preparing a submission and assisting you through the process that follows.
The main RMA processes where submitters have rights to comment are:
Plan changes primarily relate to where land is proposed to be re-zoned either from rural to urban, or in the case of existing urban areas to be a more intensive zoning. Such processes are usually supported by a Structure Plan and technical reports supporting why the design and effects of the rezoning are appropriate. An example is set out below from the Scotts Point development area in Hobsonville.
In most cases plan changes will be publicly notified, meaning any member of the public who is interested can submit on the plan change.
There are two potential notification avenues for resource consents, which come with different rights for submitters:
These relate to infrastructure projects and follow a similar approach to resource consents being able to be either limited or publicly notified as determined by the Council.
A recent example was the motorway extension in Kumeu which was publicly notified and attracted thousands of public submissions.
If you receive direct notification of an application or wish to submit on a publicly notified proposal, the first step is to prepare a submission. You must meet the deadline specified by the Council to submit, which would be a minimum of 20 working days.
A submission sets out:
Urban Planning Consultants has experience preparing submissions and can help you with this process.
Once the submission period ends the Council is responsible for reading all submissions and summarising the outcomes sought. For a plan change there is a further submission process which is an additional step.
The applicant may be given an opportunity to make changes to their proposal in response to submissions.
Once the proposal is finalised the Council planner will prepare a report which recommends whether the proposal should be approved or declined, and any changes or conditions that are required to make the proposal more acceptable.
The report is submitted to the hearing, with all submitters given notice of the time and place of the hearing. If you ticked that you wished to be heard, you will be given speaking time where you can outline your submission and answer any questions from the commissioners.
At the close of the hearing the commissioners will then review all information and make the final decision.
If the hearing commissioners make a decision that you do not support, you will have appeal rights against that decision. Appeals are heard by the Environment Court and are an escalation of the process where you should take legal advice before proceeding further.
There are a number of different RMA processes that apply which offer submitters the right to comment and influence development proposals.
To have the most impact you should consider engaging a planning consultant like Urban Planning Consultants to prepare your submission. You may also wish to engage technical experts, such as noise experts or transport experts if there are particular issues that you wish to take issue with.
The process, including hearings, can be daunting and Urban Planning Consultants can help you work through this process with advice on how the process works and assistance at the hearing, including in providing planning evidence on your behalf and generally co-ordinating the process for you.
Please contact us on [email protected] or (021) 164 1209 to discuss your submission needs.
Got a question? We’re here to help.
The Resource Management Act 1991 (commonly referred to as RMA) is a key legislation in New Zealand that provides the framework for managing the country’s natural and physical resources. It aims to promote the sustainable management of resources while ensuring that the environment is protected. The act sets out the rules and processes for making submissions on various plans and policy statements developed by local councils.
A submission is a formal response made by individuals or organizations regarding a proposed plan or policy statement under the Resource Management Act 1991. This can be in support of or opposition to the proposal. The submission must detail how the proposed policy statement or plan may affect the submitter and can include suggestions for changes.
If you want to make a submission, you need to check the council's website for the relevant notice of the proposed policy statement or plan. The process usually involves filling out a specific form that can be submitted online or in person. It is essential to ensure that your submission is made within the timeframe specified in the notification. The submission can be prepared by planning consultants such as Urban Planning Consultants following a similar format to the Council forms but allowing a longer and more broad submission to be prepared than allowed by the Council forms.
The submission should include your name, contact details, and a clear statement of your views on the proposed plan. You should also specify which parts of the proposal you support or oppose and provide reasons for your stance. Including relevant evidence or examples can strengthen your submission and help the council understand your perspective better. If you are strongly opposed to a proposal, early engagement with a consultant with Urban Planning Consultants is vital to establish whether you have strong grounds for opposing a proposal, and if so, which specialists you should engage to assist with your submission. This could include noise, transport, visual and landscape or engineering expert evidence as an example.
Yes, anyone can make a submission on a proposed plan or policy statement. This includes individuals, community groups, and organizations.
If you make a submission, you can also attend the Council hearing. Urban Planning Consultants is well versed in hearing procedures and can assist you, plus any relevant specialists that are part of your case, and present the best overall submission to the hearing commissioners.