How is the Proposed District Plan different from the current Operative District Plan?
The Proposed District Plan is supported by a large amount of research and technical evidence, which has been developed during the review of the current Operative District Plan. It has also been informed by engagement with tangata whenua, key stakeholders and the wider Far North community. Key differences between the Operative and Proposed District Plans are:
- The Operative Plan is an effects-based plan. The Proposed Plan is considered an activities-based plan, which gives plan users more certainty around what activities fit better in particular places
- Instead of two volumes like the current District Plan (PDF Text and Maps), the Proposed Plan is contained in an ePlan.
- The Proposed Plan includes strategic objectives to provide an overarching tone and direction for any new activities in the district.
- The Proposed Plan simplifies the rule structure by using colour coding to indicate status (i.e. does an activity require a consent) and uses a format with a logical flow through different activity types.
Are there any rules in the Proposed Plan that apply now?
Most of the rules in the Proposed Plan will not come into effect until after the council has released decisions. It’s expected that the new District Plan will become fully ‘operative’ within two years of notification. Until then, current rules in the operative District Plan apply. However, some proposed rules (which have immediate legal effect) do apply as soon as the Proposed Plan is notified. These are rules addressing aspects like listed historic items and their settings, notable trees, Sites and Areas of Significance to Māori, and ecosystems and indigenous biodiversity (see table below for more detail). In these cases, resource consent may be required under either or both the operative and proposed district plans. Rules with immediate legal effect may change because of submissions and subsequent decisions on the plan.
Chapter in Proposed District Plan | Provision that has legal effect |
| The following rules have immediate legal effect: Rule HS-R2 has immediate legal effect but only for a new significant hazardous facility located within a scheduled site and area of significance to Māori, significant natural area or a scheduled heritage resource Rules HS-R5, HS-R6, HS-R9 |
| All rules have immediate legal effect (HA-R1 to HA-R14) All standards have immediate legal effect (HA-S1 to HA-S3) |
| All rules have immediate legal effect (HH-R1 to HH-R10) Schedule 2 has immediate legal effect |
| All rules have immediate legal effect (NT-R1 to NT-R9) All standards have legal effect (NT-S1 to NT-S2) Schedule 1 has immediate legal effect |
Sites and Areas of Significance to Māori | All rules have immediate legal effect (SASM-R1 to SASM-R7) Schedule 3 has immediate legal effect |
Ecosystems and Indigenous Biodiversity | All rules have immediate legal effect (IB-R1 to IB-R5) |
| The following rules have immediate legal effect: SUB-R6, SUB-R13, SUB-R14, SUB-R15, SUB-R17 |
Activities on the Surface of Water | All rules have immediate legal effect (ASW-R1 to ASW-R4) |
| The following rules have immediate legal effect: The following standards have immediate legal effect: |
| The following rules have immediate legal effect: All standards have immediate legal effect but only for signs on or attached to a scheduled heritage resource or heritage area |
| Rule OBZ-R14 has partial immediate legal effect because RD-1(5) relates to water |
To alert ePlan users to which chapters or particular rules in the notified Proposed Plan have immediate legal effect, a note at the beginning of the chapter (like the one below) and an orange gavel symbol next to the relevant provision have been added.
I have an issued Building Consent or Resource Consent. Does the Proposed Plan now apply to my development?
Where a building consent or resource consent has been issued prior to the notification of the Plan (27 July 2022) it protects the proposal from being considered against the provisions of the new Plan that have immediate legal effect. If, however you want to do work outside the scope of the approved consent, the proposed plan may by infringed. To discuss whether a resource consent would be required, contact duty.planner@fndc.govt.nz or calling 0800 920 029.
My activity was permitted activity under the current Operative Plan – does the Proposed District Plan apply?
If the activity was commenced and completed prior to the notification of the Proposed District Plan and was permitted under the current Far North District Plan, then it does not need resource consent under the Proposed District Plan (e.g earthworks or vegetation clearance).
I lodged a PIM / Building Consent or Resource Consent prior to the 27 July 2022 but it has not been issued prior to notification – how will it be assessed?
From the date of notification (27 July 2022), the development may be assessed under both the current plan and the Proposed District Plan.
If it is a resource consent application, you or your agent will be informed of any new rule breaches not addressed by your application and it will be requested that you agree to modify the application to include this identified new rule breach. The status of the application will not change i.e. if it was a controlled activity under the current plan, and it breaches a discretionary rule under the Proposed District Plan, it will retain the controlled status.
If it is a building consent or PIM application, then a planning check will now have to be done against the Proposed District Plan. This may result in a resource consent being required where previously it was a permitted activity, or that further information be provided to demonstrate the activity is permitted under the new plan.
What are existing use rights?
In situations where an activity is ongoing and was permitted under the current plan or an earlier one but now requires resource consent under the Proposed District Plan, the activity is protected by existing use rights under s10 of the RMA and no further resource consent is required. This is the same for an activity that was established by way of resource consent.
However, the protection is only for the activity as it was lawfully established under the current or earlier plan. It must remain the same or similar in terms of scale, intensity and character as existed prior to Proposed District Plan notification, and must not cease for more than 12 months. If you have any doubts whether an activity can rely on existing use rights, then contact the council Duty Planner at duty.planner@fndc.govt.nz or call 0800 920 029. An application can be made under s139A (Existing Use Rights certificate) of the RMA that confirms lawful establishment and ongoing operation.
What technical information has been gathered to inform the Proposed District Plan?
District plans require a large amount of evidence and technical information to support their direction and provisions. Technical reports and other relevant documents which have been developed during the review of the current Far North District Plan can be found on our supporting information webpage.
What impact does the RMA reform have on the Proposed District Plan?
A government-commissioned report recommended that the RMA be repealed and replaced. The report also recommended that over 100 plans currently prepared by regional councils and territorial authorities in each region, including district plans, be combined into just 14 plans. While the government report considers that new legislation could be enacted by 2022, transition to new legislation could take up to 10 years. The Proposed District Plan will provide a sound platform for integration into a combined regional plan and will provide a more streamlined and up-to-date approach to achieving the environmental, economic, social and cultural outcomes during a transition period.
