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Public Notice: Proposed Freshwater Planning Instrument Part of Proposed Otago Regional Policy Statement Using Freshwater Planning Process

Public Notice - 30 September 2022

Proposal

The Otago Regional Council has prepared the following freshwater planning instrument (the proposal):

Proposed Freshwater Planning Instrument Part of the Proposed Otago Regional Policy Statement.

The proposal contains those parts of the Proposed Otago Regional Policy Statement 2021 (PORPS 2021) which relate to freshwater and therefore comprise a freshwater planning instrument.

These parts:

Updated 30 September 2022, 14:09: There was an error in the original table which has been replaced. The new table below aligns with Council’s resolution of 15 September 2022.

Package

Components
Interpretation Definitions:
Certified freshwater farm plan
Drinking water
National Objectives Framework
Natural Hazard works
Other infrastructure
Over-allocation
Specified infrastructure
Specified rivers and lakes
Wetland utility structure
SRMR SRMR–I5
SRMR–I6
SRMR–I9
RMIA-WAI RMIA–WAI–I1
RMIA–WAI–I3
LF-WAI LF–WAI–O1 – Te Mana o te Wai
LF–WAI–P1 – Prioritisation
LF–WAI–PR1 – Principal reasons – Paragraph 1
LF–WAI–AER2
LF-VM LF–VM–O2 – Clutha Mata-au FMU vision
LF–VM–O3 – North Otago FMU vision
LF–VM–O4 – Taieri FMU vision
LF–VM–O5 – Dunedin & Coast FMU vision
LF–VM–O6 – Catlins FMU vision
LF–VM–P5 – Freshwater Management Units (FMUs) and rohe
LF–VM–P6 – Relationship between FMUs and rohe
LF–VM–E2 – Explanation
LF-FW LF–FW–O8 – Fresh water
LF–FW–O9 – Natural wetlands
LF–FW–P7 – Fresh water
LF–FW–P9 – Protecting natural wetlands
LF–FW–P10 – Restoring natural wetlands
LF–FW–P15 – Stormwater and wastewater discharges
LF–FW–M6 – Regional plans
LF–FW–M7 – District plans
LF–FW–M8 – Action plans
LF-FW-E3 – Explanation (paragraph 2)
LF-FW-E3 – Explanation (paragraph 5)
LF–FW–PR3 – Principal reasons
LF–FW–AER4 - AER11
LF-LS LF–LS–P18 – Soil erosion
LF–LS–P21 – Land use and fresh water
LF–LS–M11 – Regional plans
LF–LS–AER14
Maps MAP1

 

Balance of the PORPS 2021

The rest of the PORPS 2021 does not relate to freshwater and is therefore not a freshwater planning instrument. 

That part of the PORPS 2021 will undergo the processes in Part 1 of Schedule 1 of the Act.  It was publicly notified on 26 June 2021.  Submissions and further submissions on this part of the PORPS 2021 have closed. Otago Regional Council has appointed a panel to hear submissions on this part.  The panel has advised that it will begin hearing submissions in early 2023.

 

Availability

The proposal may be inspected at:

  • www.orc.govt.nz/fpirps; or
  • Otago Regional Council offices:
    • Level 2, Philip Laing House, 144 Rattray Street, Dunedin; or
    • Terrace Junction, 1092 Frankton Road, Queenstown; or
  • All public libraries, and city and district council offices throughout the Region.

Please contact ORC Customer Experience staff on 0800 474 082 if you have any questions about the proposal.

 

Submissions

The following persons may make a submission on the proposal:

  • the local authority, in its own area; and
  • any other person, but if the person could gain an advantage in trade competition through the submission, then the person may do so only if the person is directly affected by an effect of the proposal that—
    • adversely affects the environment; and
    • does not relate to trade competition or the effects of trade competition.

A person may make a submission on the proposal by sending an electronic or a written submission to Otago Regional Council at fpisubmission@orc.govt.nz or by post to Proposed FPIRPS, Otago Regional Council, Private Bag 1954, Dunedin 9054.  The submission must be in Form 5 and state whether you wish to be heard in support of your submission.  Copies of this form (Form 5) are available at the Otago Regional Council website www.orc.govt.nz/fpirps or by phoning 0800 474 082, or https://www.legislation.govt.nz/regulation/public/2003/0153/latest/DLM195860.html

Submissions must be received by 3pm on Tuesday 29 November 2022.

 

Special advice

The effect of the High Court decision in Otago Regional Council v Royal Forest and Bird Protection Society of New Zealand Incorporated [2022] NZHC 1777 is that the parts of the PORPS 2021 that form the proposal must be re-notified.

That means that any previous submission made on the provisions in the Table above is now of no effect.

If you made a submission or further submission on any provision in the Table and still wish to be a submitter on that provision, then you must make a new submission.   

 

Anita Jayne Dawe
Position: General Manager, Policy and Science


On behalf of: Otago Regional Council
30 September 2022

 

Note regarding appeals

Following its hearing of submissions on the proposal, a freshwater hearings panel makes recommendations to the regional council. The regional council must accept or reject each recommendation. Appeal rights in relation to the freshwater planning instrument are dependent on whether the regional council accepts or rejects the recommendations of the freshwater hearings panel.

A person who made a submission on a freshwater instrument—

  • may appeal to the Environment Court against a rejected recommendation in the specific circumstances outlined in clause 55 of Schedule 1 of the Act:
  • may appeal to the High Court on points of law in relation to an accepted recommendation in the specific circumstances outlined in clause 56 of Schedule 1 of the Act.
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