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Plans, Policies, Reports

Public Notices

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

Read the Public Notice advising of the availability of the Summary of Decisions Requested

Read the Public Notice advising of Time Extension for Some Specified further submissions and Corrigendum

Read the Public Notice advising Corrigendum 2 and Time Extension for Specific Further Submission

 

Introduction

On 15 September 2022 Council determined that the parts of the Proposed Otago Regional Policy Statement 2021 set out below are those that directly relate to the maintenance or enhancement of the quality or quantity of freshwater as defined in section 80A (2) of the Resource Management Act 1991 and therefore comprise a freshwater planning instrument.

 

RPS Freshwater Planning Instrument Parts Hearing Process

Information on the RPS hearings process

Information on the hearings process generally takes the form of Minutes that are available from the link above. As well as uploading Minutes to the ORC webpage, the Hearing Panel also uses ORC’s existing 'Address for Service' list. If you are a submitter or a further submitter, please advise us of any changes to your contact details.

 

Freshwater Planning Instrument components

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

 

Documents and resources

Freshwater Planning Instrument

The PORPS that was publicly notified on 26 June 2021 has been edited to now clearly identify those provisions or parts that ORC has determined are those that directly relate to the maintenance or enhancement of the quality or quantity of freshwater as defined in Section 80A (2) of the Resource Management Act 1991 and therefore comprise a freshwater planning instrument.

 

Section 32 Report

The previously notified Section 32 Report has been edited to clearly identify those parts that relate directly to the Freshwater Planning Instrument parts of the PORPS.

Read the edited Section 32 Evaluation Report

 

Non-freshwater parts of PORPS

For completeness, the High Court determined that the balance of the PORPS could continue through the normal Part 1 of Schedule 1 Resource Management Act process without renotification. If you made a submission on the PORPS, you can find more information on the Non-freshwater parts of the PORPS, including the Hearing, here.

 

Summary of process so far

 

Date

Action

22 July 2022

Otago Regional Council v Royal Forest and Bird Protection Society of New Zealand decision issued.

30 September 2022

ORC publicly notifies the Freshwater Planning Instrument Part of the PORPS21. Submissions period opens.

29 November 2022

Submissions period closes.

21 January 2023

Summary of Decisions Requested’ is notified, and further submissions called for.

1 February 2023 

 Public Notice of Extension for some Submissions and Corrigendum to SODR.

3 February 2023

Further submissions period closes.

7 February 2023

Public Notice advising Corrigendum 2 to the SODR and Time Extension for Specific Further Submissions.

8 February 2023

Closing date for Further Submissions on those listed below and Ravensdown Ltd (FPI017.005)

  • FPI006 – Wendy Gunn
  • FPI008 - Greenpeace Aotearoa
  • FPI019 – Fonterra Cooperative Group Limited
  • FPI026 – Federated Farmers of New Zealand
  • FPI033 – Fulton Hogan Ltd
  • FPI037 – Otago Fish & Game Council and the Central South Island Fish & Game Council

16 February 2023

Closing date for Further Submissions on the Fuel Companies (FPI034.002).

13 April 2023

Summary of Decisions Requested including Further Submissions made available on ORC website.

 

High Court Declaratory Proceedings

In June 2021, ORC publicly notified its proposed regional policy statement. At that time, the Council had determined that the whole of the PORPS was a freshwater planning instrument. Questions were raised whether the Proposed RPS 21 is a freshwater planning instrument in terms of section 80A of the RMA.

To resolve these questions, ORC brought proceedings in the High Court in Dunedin under the Declaratory Judgments Act 1908. 

View all related documents

In its Judgment (Otago Regional Council v Royal Forest and Bird Protection Society of New Zealand Incorporated [2022] NZHC 1777) dated 22 July 2022, the High Court declared that the Council’s determination that the whole of the PORPS is a freshwater planning instrument was wrong.

The High Court instructed the Council to satisfy itself as to which parts of the proposed regional policy statement qualify as part of a freshwater planning instrument because they relate directly to the maintenance or enhancement of freshwater quality or quantity.

Read more about the High Court judgment

 

Help and further information

Read more about the development of the PORPS 21

For general enquiries regarding the PORPS Freshwater Planning Instrument Parts, email fpirps@orc.govt.nz

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