Draft National Policy Statement for Highly Productive Land
Draft National Policy Statement for Highly Productive Land
Thursday 3 October, 2019
The Ministry for the Environment and the Ministry for Primary Industries are currently seeking consultation on a proposed National Policy Statement for Highly Productive Land (“NPS-HPL”). Submissions on the proposed NPS on Highly Productive Land close on 10 October 2019.
The draft NPS-HPL follows a report known as ‘Our land’ 2018, which identified the two main pressures facing highly productive land on the edge of towns and cities as the expansion of urban areas, and the change of land-use on the fringes of urban areas, in particular the increase in lifestyle blocks. The absence of considered decision making is contributing to urban expansion over highly productive land, and there is a lack of clarity in the RMA on how to manage highly productive land.
The stated overall purpose of the NPS-HPL is to improve the way that highly productive land is managed under the RMA and to protect it from inappropriate use, development or subdivision. That is because highly productive land provides significant economic and employment benefits to communities and underpins the value of New Zealand’s primary sector. Local authorities will be required to identify highly productive land based on defined criteria, such as soil capacity, climate, water availability, and size. Land classified as Class 1-3 under the Land-Use Capability (“LUC”) system will be highly productive land by default.
The Government intends to provide guidance and technical assistance to support councils is to identify highly productive land and to maintain it for “primary production”. The proposed NPS requires the identification of “sensitive activities”, with the intention of encouraging setbacks and buffers between areas of highly productive land and adjacent residential and rural residential areas.
As noted in previous articles about other draft National Policy Statements and national planning instruments which have recently been notified for submissions, a key challenge for local authorities will be to reconcile how those various instruments while giving effect to each. While these implications may not be realised for some time, it is anticipated that there is likely to be some case law to follow. Tompkins Wake will be keeping a watching brief of developments and will provide updates as the NPS-HPL progresses.
For assistance with questions relating to this article, please contact one of our local government partners, Bridget Parham or Theresa Le Bas.
Related Articles
Councils challenge to transfer of water services rejected in High Court
Thursday 30 March, 2023
When the rubber hits the road - All aboard Aotearoa's challenge
Tuesday 11 October, 2022
Declarations that an Enactment Inconsistent with Bill of Rights
Tuesday 11 October, 2022
Proposed mandatory consideration of specific Māori representation
Tuesday 11 October, 2022
New Regime for Protected Disclosures (Whistleblower legislation)
Wednesday 29 June, 2022
Operative plans and proposed plans: what to do when there is a significant policy shift?
Wednesday 30 March, 2022
Notices of requirement are relevant for resource consent applications
Wednesday 30 March, 2022
Avoidance policies reign in the wake of King Salmon, but what do they require?
Wednesday 30 March, 2022
Court gives guidance on consultation and decision-making process
Wednesday 30 March, 2022
Cultural evidence and the continued draw of the overall judgment
Tuesday 21 December, 2021
Fluoridation debate lifted from shoulders of local government
Tuesday 21 December, 2021
Will new housing density rules increase contributions for developers?
Thursday 28 October, 2021
Judicial review of Hamilton City Council's development contributions policy
Tuesday 5 October, 2021
Lease of Wanaka Airport set aside due to insufficient consultation
Tuesday 15 June, 2021
What if an abatement notice requires you to breach the Resource Management Act?
Tuesday 15 June, 2021
“No ‘wine-ing’ covenants” declined for a subdivision consent in Gibbston Valley
Tuesday 15 June, 2021
From car parking fine to judicial review of a council’s code of conduct
Tuesday 15 June, 2021
Councils remain liable for compliance of contractors with the RMA
Thursday 18 March, 2021
Randerson Report released: New Direction for Resource Management
Wednesday 5 August, 2020
Could companies be liable to the public for the harm caused by their emissions?
Tuesday 10 March, 2020
Avoiding double penalties when sentencing a company and director
Thursday 23 April, 2020
Can an easement be granted over an esplanade reserve for a commercial activity?
Thursday 12 December, 2019
Draft National Policy Statement for Freshwater Management 2019 for consultation
Thursday 3 October, 2019
Local authority requiring monetary contributions on designations
Thursday 20 June, 2019
Bella Vista: MBIE Report highlights failure to perform statutory functions
Tuesday 9 April, 2019
Recent decision on "affected persons" highlights the importance of context
Wednesday 28 November, 2018
High Court finds Council liable in negligence for damage from fallen tree
Thursday 27 September, 2018
Court upholds sensible approach to local authority works on private property
Tuesday 24 July, 2018
Must Councils accept an assertion that a person is ‘suitably qualified'?
Friday 9 March, 2018
