FAQs

 

Questions

Answers

When were the Decisions publicly notified?

In accordance with Clauses 10 and 11 of Schedule 1 of the Resource Management Act 1991, the Wellington Regional Council gave notice on 31 July 2019 that it had made its decisions on the provisions and matters raised in submissions on the proposed Natural Resources Plan for the Wellington Region.

What is the Proposed Natural Resources Plan – Decisions Version?

It incorporates changes to the proposed Natural Resources Plan for the Wellington region that reflect the Council’s decisions on submissions and further submissions.

What was the role of the Hearing Panel?

A panel of independent hearing commissioners were appointed by Council on 30 September 2015 and delegated to conduct a formal hearings process, to hear and decide on submissions on the PNRP.   Hearings commenced in May 2017 and concluded in August 2018.  The Panel provided its decisions to Council on 26 June 2019. Council then publicly notified the decisions on 31 July 2019.

Where is a copy available to view?

Full copies of the Decisions are available for viewing at all public libraries throughout the Wellington region, and at GWRC Council offices located at:

• Shed 39, 2 Fryatt Quay Pipitea, Wellington

• 15 Walter Street, Te Aro, Wellington

• 1056 Fergusson Drive, Upper Hutt

• Level 4, Department Building, 35-37 Chapel Street, Masterton

What does publicly notified mean?

A public notice was placed in regional newspapers (Dominion Post and Wairarapa Times Age).  A copy of the public notice was sent to all submitters and further submitters, and is available on the GW website

Who can appeal the decisions?

Any person who made a submission or further submission may appeal the publicly notified decisions to the Environment Court.  Submitters may only appeal on a provision or a matter in the decision if they referred to the relevant provision or matter in their submission or further submission.  An appeal cannot seek the withdrawal of the proposed Plan as a whole. 

Were there directions from the Environment Court for appeals?

The Environment Court issued waivers and directions in respect of the filing and service of appeals and section 274 notices (refer Re Wellington Regional Council [2019] NZEnvC 126 dated 26 July 2019). A copy of the Environment Court directions is available on the GWRC website.

Any appeal to the Environment Court must be in the prescribed form and lodged with the Environment Court in Wellington by 5pm, 18 September 2019. The appeal must be served in accordance with the Court's directions. All notices of appeal will be posted in full on the Portal.

Any section 274 notice to join an appeal must be in the prescribed form and lodged with the Environment Court in Wellington by 5pm, 9 October 2019. The notice must also be served in accordance with the Court's directions. All section 274 notices will be posted in full on the Portal.

How long will the Appeals process take?

Timeframes are dependent on the number of Appeals lodged with the Environment Court, and can take anything from six months to two years.

The Environment Court will provide a process that will enable appellants and section 274 parties the opportunity to participate in mediation and hearings to present evidence on their appeal topics.

Where do I find updates and information?

Updates and information will be available on the GWRC website. 

http://www.gw.govt.nz/proposed-natural-resources-plan/

A clear record of relevant decisions and explanatory material relating to decisions and appeals will be accessible to interested parties and plan users.

What if I have queries?

Any queries should be sent to the email address:

RegionalPlanAppeals@gw.govt.nz

When do the rules in the PNRP - Decisions Version take effect?

The amendments to the rules in the decisions version of the PNRP take legal effect from 31 July 2019 (being the date of public notification).  These provisions replace those in place since notification of the proposed Natural Resources Plan (31 July 2015) in accordance with Section 86B of the Resource Management Act 1991.

The Natural Resources Plan will not be fully operative until all appeals are resolved.  Those parts of the proposed Plan which are not appealed are treated as operative. 

The Council is required to publicly notify the date on which the Natural Resources Plan becomes operative – at least five working days before the date on which it becomes operative.

What is the legal status of the PNRP?

On and from the date the decisions are publicly notified (31 July 2019), the PNRP is amended in accordance with the decisions.

While all the rules in the PNRP have had legal effect since being notified on 31 July 2015, the Natural Resources Plan will not be fully operative until all appeals (if any) are resolved.  

What does the Appeal’s process involve?

a)      File Appeals Application

b)      File Section 274 Applications

c)      Court Judicial Conference

d)      Mediation

e)      Evidence Exchange

f)       Witness Conferencing

g)       Environment Court Hearings

h)      Environment Court Determination

When does an approved plan become operative?

An approved plan shall become an operative plan on a date which it is to be publicly notified.

While all the rules in the PNRP have had legal effect since being notified on 31 July 2019, the Natural Resources Plan will not be fully operative until all appeals (if any) are resolved.   

The Council is required to publicly notify the date on which the Natural Resources Plan becomes operative – at least five working days before the date on which it becomes operative.

For a printable version, click here:  FAQs-Appeal-Process.docx