Proposed Regional Policy Statement 2021 (“PORPS”) – High Court Declaratory Proceedings

ORC has brought proceedings in the High Court in Dunedin to determine whether the proposed RPS 21 is a freshwater planning instrument in terms of section 80A of the Resource Management Act.

To resolve this question, ORC has brought proceedings in the High Court in Dunedin under the Declaratory Judgments Act 1908. The hearing will be held on 8 and 9 February 2022.

All parties who lodged a submission on the proposed RPS 21 will be notified via email of these proceedings. In addition, a public notice will be made on Monday 27 September 2021 and Monday 4 October 2021 for any other person who may have an interest.

Anyone can join the High Court proceedings about whether or not the proposed RPS 21 is a freshwater planning instrument by filing a statement of defence or notice of appearance. Further information can be found in the related documents below.

 

Related documents

Hard copies of the above documents can be requested by email rps@orc.govt.nz.

 

While the High Court proceedings have been filed, ORC staff are continuing with the process of summarising the decisions requested by submitters. The Summary of Decisions Requested will be notified in due course and further submissions called for.

The requirements in s80A(4)(c) of the Resource Management Act 1991 are that the freshwater instrument is provided to the Chief Freshwater Commissioner no later than 6 months after notification of the instrument. Staff are required to provide the documents by 26 December 2021. This includes all the submissions and further submissions.

Upon receipt of the instrument and associated documents, the Chief Freshwater Commissioner will appoint the panel to hear and make recommendations on the instrument.

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