This page contains links to appeals, decisions, Council staff reports and other general background information relating to the development of the Proposed District Plan.
Where we are at
Sixteen appeals have been lodged with the Environment Court relating to the decisions on the Proposed District Plan. The appeals can be viewed here.
The Council is now working through the appeals with the appellants and interested parties within the bounds of the legal processes. Some agreements have been reached with appellants and subsequent consent orders have been received from the Environment Court resolving matters of appeal. Parties to the remainder of the appeals are continuing to work together. Consent orders can be viewed here.
The Proposed District Plan – Appeals Version (January 2017) is available here. The provisions that are subject to an appeal are highlighted within the document and identified on the relevant Planning Maps
Giving effect to the Proposed District Plan
Any provisions of the Proposed Invercargill City District Plan that have not been appealed are beyond the point of legal challenge and therefore are to be treated as being operative, so the equivalent provisions of the Operative Invercargill City District Plan will cease to have effect.
Where a provision is the subject of an appeal, the Operative Invercargill City District Plan continues to have legal effect. This means that the two plans are operating in parallel and for an activity to not require resource consent it would need to be a ‘Permitted Activity’ under both plans. Those provisions in the Proposed District Plan that are the subject of an appeal are highlighted in the Proposed District Plan – Appeals Version (January 2017)
Sixteen appeals have been lodged with the Environment Court in response to decisions on the submissions to the Proposed District Plan. A number of parties have also issued requests to be parties to the appeals.
The appeals cover a range of issues, including but not limited to the zoning of land as Residential 3 (Large Lot) Zone, and the development of the Seaport 2 Zone. The activity status for Community Corrections Facilities and Temporary Military Training Activities are also the subject of appeals, and there are appeals relating to a number of environmental issues such as biodiversity, the coastal environment and infrastructure.
The Council is working through the legal system to respond to these matters. The Notices of Appeal and consent orders (Court approved agreements) reached can be viewed here.
Copies of the decision reports on the Proposed Invercargill City District Plan are available here or may be inspected by the public at the following locations:
During office hours at:
- Civic Administration Building, Ground Floor, 101 Esk Street, Invercargill
- Bluff Service Centre, Gore Street, Bluff
- Invercargill City Public Library, Dee Street, Invercargill
The Decisions are set out on the same basis on which the hearings were arranged, meaning that each separate Hearing Report has a corresponding Decision Report. Decisions on the Variations are merged into the relevant decisions.
The Proposed District Plan and Planning Maps as Amended by Decision (October 2016) is also available for viewing here.
As in every other district in New Zealand, Invercargill has a District Plan. This Plan is prepared under the Resource Management Act 1991 to manage land use, subdivision and development within the District. It identifies where activities can take place, what land can be developed and what natural and cultural features should be protected. It is a Council document that not only helps Council fulfil its legal obligations and ultimately aims to promote the sustainable use of the District’s resources, but it can also be used to implement the community’s vision for the City into the future.
Council is required to review the District Plan at least once every 10 years. In 2010, the Council decided to commence the review of the Operative District Plan’s provisions.
After a process involving public consultation, the Proposed District Plan was publicly notified in 2013 and opened up for the submission process. The Council’s District Plan Hearing Committee, made up of three Councillors and an independent commissioner, had the role of considering and deciding on more than 2300 submission points. The issues raised in submissions were separated into relevant topics and were heard topic-by-topic. Fourteen Hearings were held between May 2014 and March 2016 to hear and consider the issues raised by submitters.
On 29 October 2016 Council released decisions on submissions and further submissions to the Proposed Invercargill City District Plan. These decisions also incorporate, where relevant, the decisions on the following Variations:
- Variation 1 – Natural Hazards
- Variation 2 – Noise
- Variation 3 – Professional and Personal Services
- Variation 4 – Definition of Height
- Variation 5 – Industrial Activities
- Variation 6 – Energy
- Variation 7 – Industrial 3 and Industrial 4 Zones
- Variation 8 – Residential 3 Zone
As stated above, the submitters had an opportunity to appeal these decisions.
NOTE: A range of background information and documents related to the District Plan Review process is available on request by contacting the Planning department on (03) 211 1777 or email firstname.lastname@example.org. The information available includes:
- Background Papers (the initial discussion documents that were developed to help inform the discussion during meetings of the District Plan Group)
- Public consultation documents
- Public Notices
- Proposed Invercargill City District Plan – as notified in 2013
- Section 32 Report
- Summary of submissions
- Information on each of Variations 1 – 8
For copies of Staff Recommendation Reports click here
For copies of Council Decisions click here
For copies of the Proposed District Plan – Decisions Version (October 2016) click here