The Next Regional Policy Statement
Geothermal Resources provisions Operative
On 24 September 2013 Regional Council publicly notified that the Geothermal Resources provisions of the Proposed Bay of Plenty Regional Policy Statement (Proposed RPS) became operative on 1 October 2013.
The following document is available:
Note this version supersedes the Geothermal Resources provisions contained within:
- Chapter 10 of the existing Operative Bay of Plenty Regional Policy Statement (which should be removed); and
- Council Decisions (Track Changes Version 8.0b and Clear Copy Version 8.0c) of the Proposed Regional Policy Statement, August 2012.
The remainder of the Proposed RPS is not yet operative. Amendments have occurred to other parts of the Proposed RPS and copies of all consent orders are available on the Consent Orders and Environment Court Decisions page. The existing operative and proposed documents should be retained until such time as all Proposed RPS provisions are formally made operative, which is expected in 2014.
Note that some provisions (particularly Methods 1, 2 and 3) will further change as a result of consent orders resolving other appeals.
Progress of Appeals to the Proposed Regional Policy Statement
Thirty three appeals were lodged with the Environment Court against Council's decisions. These comprise eight appeals lodged against Council's decisions on submissions to the Coastal Environment and Water Quality and Land Use provisions of the Proposed RPS notified on Tuesday 27 March 2012. A further 25 appeals were lodged against Council's decisions on the remaining parts of the Proposed RPS notified on Tuesday 14 August 2013.
Most Environment Court appeals to the Proposed RPS have been resolved through mediation with a number of consent orders recently issued.
Appeals are now resolved for the Air Quality, Energy and Infrastructure, Geothermal Resources, Integrated Resource Management, Iwi Resource Management, Matters of National Importance, Urban and Rural Growth Management, Water Quality and Land Use and Water Quantity (except in respect to cultural water allocations) topics.
Copies of consent orders are posted on the Consent Orders and Environment Court Decision page of Council’s website as they are received from the Environment Court. A copy of the Proposed RPS reflecting all provisions now past legal challenge (either by consent order or Environment Court decision) is available at the following links:
- Proposed RPS version incorporating consent orders and Environment Court decisions
Provisions and/or sections appealed have been shaded grey in the Council Decisions Track Changes Version 8.0b and Clear Copy Version 8.0c. See links below:
- Track Changes Appeals Version 8.0b - Contents and Part 1 (357KB, pdf)
- Track Changes Appeals Version 8.0b - Part 2 (515KB, pdf)
- Track Changes Appeals Version 8.0b - Part 3 (453KB, pdf)
- Track Changes Appeals Version 8.0b - Part 4 (101KB, pdf)
- Track Changes Appeals Version 8.0b - Part 5 (51.9KB, pdf)
- Track Changes Appeals Version 8.0b - Appendices (2.14MB, pdf)
- Clear Copy, Appeals Version 8.0c - Contents and Part 1 (341KB, pdf)
- Clear Copy, Appeals Version 8.0c - Part 2 (471KB, pdf)
- Clear Copy, Appeals Version 8.0c - Part 3 (365KB, pdf)
- Clear Copy, Appeals Version 8.0c - Part 4 (98.4KB, pdf)
- Clear Copy, Appeals Version 8.0c - Part 5 (51.4KB, pdf)
- Clear Copy, Appeals Version 8.0c - Appendices (1.26MB, pdf)
The following documents are also available for you to download:
Should you require further information please contact the Environment Court, or should you wish to obtain a copy of an appeal please contact the appellant directly.
Council Decisions on the Proposed Regional Policy Statement
Council notified its decisions on the Proposed Regional Policy Statement in two stages:
- 27 March 2012 - Coastal Environment and Water Quality and Land Use provisions released
- 14 August 2012 - All remaining provisions released.
The Proposed RPS needs to be given regard to by regional and district plans and when processing resource consents. The requirements of the current Operative Bay of Plenty Regional Policy Statement will apply until the appeal matters have been completed. Provisions and/or sections not subject to challenge by appeal have greater judicial weight.
Documents relating to Council's decisions are available for download below:
Proposed Regional Policy Statement Council Decisions
The documents can also be viewed between 8am and 5pm, Monday to Friday at the Regional Council offices at:
- Quay Street, Whakatane
- 1125 Arawa Street, Rotorua
- 6 Rata Street, Mt Maunganui
and at any public library or district/city council office in the region.
To obtain a copy of the above documents please contact Marie Radford, Planning Administration Officer, Bay of Plenty Regional Council, PO Box 364, Whakatane, phone toll-free on 0800 884 880, fax 0800 884 882, or email email@example.com
Proposed Variation 1 - Coastal Policy
Proposed Variation 1 (Coastal Policy) to the Proposed RPS was publicly notified on 27 March 2012. The Proposed RPS was publicly notified prior to the release of the New Zealand Coastal Policy Statement 2010 (NZCPS 2010). Consequently the Proposed RPS did not fully align with NZCPS 2010 policy direction and it was decided the best way of addressing these inconsistencies was to prepare and notify a Variation 1 (Coastal Policy). Click the following link for more information on Variation 1 (Coastal Policy).
Proposed Variation 2 - Natural Hazards Policy
A variation to the natural hazards provisons of the proposed Bay of Plenty Regional Policy Statement is being prepared to address issues raised in appeals against that section. The resulting Natural Hazards Policy will guide district and city plan rules that influence where people live and work, and how they develop land and infrastructure.
Community consultation is currently underway to develop this variation. Find out more.
What's the Proposed RPS?
The Proposed RPS provides a framework for sustainably managing the region's natural and physical resources. It highlights regionally significant issues with our land, air, fresh and coastal water, infrastructure and biodiversity, including issues of significance to iwi. It sets out what needs to be achieved (objectives) and how it will be achieved (policies and methods).
It does not contain rules; instead it sets out how we, and city and district councils, need to manage these resources. It is a more directive policy document than the current operative RPS, especially in relation to regional and district plans and the consideration of resource consents.
The first Bay of Plenty Regional Policy Statement (December 1999) will remain operative until the second is approved. The Proposed Bay of Plenty Regional Policy Statement 2010 (RPS) was released on 9 November 2010. The period for making submissions ended on 8 February 2011 and 183 submissions were received. The period for making further submissions ended on 19 May 2011 and 57 further submissions were received.
Hearings of submitters to the Proposed Regional Policy Statement commenced on Thursday 15 September and were completed on Tuesday 18 October. A total of 98 submitters were heard at the Hearings. Hearings were held in Rotorua, Maketu, Tauranga and Mount Maunganui. All Hearings were open to the public.
Deliberations commenced on Monday 5 December and concluded on Wednesday 13 June 2012.
Section 32 reports
Section 32 reports for the Proposed Regional Policy Statement summarise our evaluation of the extent to which each objective is the most appropriate way to achieve the purpose of the Act.
Read the Section 32 Reports made available on 9 November 2010 at the same time the Proposed Regional Policy Statement was publicly notified for submissions.
Read the Section 32(2)(a) reports made available when Council notified its decisions on submissions to the Proposed Regional Policy Statement.
Read the latest RPS Newsletter 8 - September 2013 (184KB, pdf) for an update on:
- proposed Regional Policy Statement Hearings
- view the Hearings evidence
- next steps
- number of submissions received by topic
- Web-friendly Next RPS
Download a copy of the latest or previous newsletters here:
Want to contact us about the Proposed RPS?
Phone: 0800 884 880
Write to: Regional Policy Statement, Bay of Plenty Regional Council, PO Box 364, Whakatane 3158