Updated 14 December 2018
The Plan is made under the provisions of the RMA, and is subsidiary to that legislation. The Plan exists in a hierarchy of planning documents under the RMA that have an influence on the use of resources. While the Plan deals with the activities of subdivision, use and development, there are also other layers of authority, principally administered by the Bay of Plenty Regional Council, that govern the use of resources in the City.
The Plan is required by the RMA to fit within this ‘hierarchy’ of planning documents, many of which have an influence on either content of the Plan, or directly on the subdivision, use and development of land. The context of the Plan under the RMA is described in Figure 2A.1: Context of the Plan under the RMA.
Figure 2A.1: Context of the Plan under the RMA
The documents noted below have an influence on the control of subdivision, use and development of land.
The Resource Management Act (RMA)
The RMA sets out the functions of the Council in controlling subdivision, use and development of land (and so the requirements for the Plan), the roles of other authorities, and the considerations that must be given to other documents by the Council.
National Environmental Standards
The RMA provides for the Minister for the Environment to prepare National Environmental Standards (NES). These NES are relevant to subdivision, use and development as they have the force of a regulation and effectively override any parts of the Plan that may be inconsistent with the NES. These NES can set out exemptions to obtaining a resource consent for an activity, and the rules with which an activity must comply.
National Policy Statements
As with an NES, the Minister for the Environment may also prepare National Policy Statements (NPS). The role of an NPS is to provide guidance for decision-making and the development of the Plan under the RMA. The Plan must give effect to any NPS.
New Zealand Coastal Policy Statement
The Minister for Conservation is required by the RMA to prepare a New Zealand Coastal Policy Statement (NZCPS). The NZCPS sets the direction for coastal management, including the coastal environment within the area of the City and the Plan and has the influence described for an NPS.
Bay of Plenty Regional Policy Statement
The RMA requires the Bay of Plenty Regional Council to prepare a Regional Policy Statement (RPS). The RPS provides an overview of regionally significant resource management issues, and sets a broad strategic direction. The Plan must give effect to relevant provisions of the RPS.
Bay of Plenty Regional Plans
The RMA enables the Bay of Plenty Regional Council to prepare Regional Plans to meet the function of that authority under the RMA. These Regional Plans may require resource consents for particular activities. In addition, the Plan cannot be inconsistent with those Regional Plans.
Iwi Management Plans
These are planning documents recognised by an Iwi Authority. These plans must be taken into account when preparing the Plan.
Definitions in this Section