Rezoning requests under Proposed District Plan
On this page you can find information that relates to all rezoning requests under the Proposed District Plan.
A slightly different hearings process will be followed for submissions on the Proposed District Plan which are requests to rezone particular areas of land in the district. This is to reflect that these are site-specific requests which need site-specific assessments, and the fact that most of these submissions aren’t supported by the necessary technical information.
Further to the Hearing Panel’s Minute 7 & Minute 9 relating to the timetable for the Rezoning Requests hearings, Minute 19 outlines the new timeframes for the exchange of expert evidence relating to these submission points.
Hearings for these submissions are scheduled to commence on 23 January 2023.
Section 42A report: Rezoning Framework
This report has been prepared by Council staff in accordance with Section 42A of the RMA to provide a rezoning framework for assessment of submissions requesting the rezoning of land under the Proposed District Plan.
The purpose of this report is not to address any specific submission points, but to provide the Hearing Panel with a summary and analysis of the higher order statutory and planning framework relevant to the consideration of rezoning requests and to provide a platform for subsequent s42A reporting officers to use in their assessment of specific rezoning request submission points.
As set out in Minute 1 issued by the Hearing Panel , individual s42A reports addressing the merits of each rezoning request are to follow the receipt of submitters’ evidence, which is to be provided in accordance with timeframes directed by the Hearing Panel.
The conclusions reached in this framework report do not bind the Hearings Panel.
Below you can find the Rezoning Framework s42A Report and all the appendices:
- Council's s42A Re-Zoning Framework Report [PDF, 939 KB]
- Appendix 1: Re-zoning Flow Chart [PDF, 107 KB]
- Appendix 2: Legal Advice:
- Attachment 1 - Adderley Head Memo [PDF, 306 KB]
- Attachment 2 - Hon David Parker's Letter [PDF, 1123 KB]
- Attachment 3 - Environment Court, Auckland - Decision of NPS-UD [PDF, 1089 KB]
- Attachment 4 - National Policy Statement on Urban Development 2020 [PDF, 454 KB]
- Attachment 5 - Introductory Guide [PDF, 2151 KB]
- Attachment 6 - Understanding and implementing the responsive planning policies [PDF, 587 KB]
- Attachment 7 - Responsive Planning Factsheet [PDF, 345 KB]
Submitter evidence information
The due date for submitter's evidence in support of an individual rezoning request are to file their expert evidence for the rezoning hearings, including a section 32AA further evaluation report by 5 August 2022.
More information can be found below:
- Directions of the Commissioners - Minute 19 [PDF, 301 KB] - Rezoning Requests - Timetable 27 May 2022
- Memorandum from Kāinga Ora [PDF, 51 KB] - Rezoning Requests 22 November 2021
- Officer's Response to Memorandum from Kāinga Ora [PDF, 134 KB]- Rezoning Requests 30 November 2021
- Directions of the Commissioners - Minute 9 [PDF, 64 KB] relating to Rezoning Requests - Evidence Timetable
- Memorandum from Kāinga Ora [PDF, 66 KB] - Rezoning Requests 5 October 2021
- Memorandum from the Carter Group and CSI Property Limited [PDF, 916 KB] - Rezoning Requests 6 October 2021
- Officer's Response to Memorandums from Kāinga Ora, the Carter Group and CSI Property Limited [PDF, 142 KB] - Rezoning Requests 11 October 2021
- Directions of the Commissioners - Minute 7 relating to Rezoning Requests - Timetable Amendments
Submitter evidence in support of an individual rezoning request received to date:
Further submitters who intend to call expert evidence in support of or in opposition to a rezoning request need to provide their evidence for the hearings by 2 September 2022.
Any rebuttal evidence by the proponents and opponents of a rezoning request is to be provided no later than 10 working days prior to the commencement of the relevant hearing (and after the release of the individual s42A report for the relevant rezoning hearing).
The key dates for each rezoning request hearing will be outlined in the relevant hearing notice.
All expert witnesses presenting briefs of evidence are to include a summary statement that is no more than two A4 pages long at the beginning of their evidence. Expert evidence is that written by qualified planners, engineers or scientists, for example, prepared in accordance with the Environment Court’s Practice Note 2014 for expert witnesses.
If submitters intend to provide written evidence themselves, or have non-expert people appear on their behalf, then they are requested and strongly urged to also provide a written statement of that evidence to the Hearings Administrator no later than 10 working days prior to the relevant topic-based hearing.