What is a Plan Change?

A plan change is the formal process we go through to make a change to Hamilton’s District Plan (our rule book for development). The process to do a plan change is set by the Resource Management Act 1991 (RMA), and involves public consultation.  

Examples of what a plan change could involve: 

• Changing the rules about how land can be used (e.g. residential or industrial zone) 
• Protecting elements of importance to Hamilton, such as trees, natural areas, cultural sites or heritage buildings 
• Changing the rules (such as the rules for developing in flood hazard areas) 

It’s a pretty formal process, set out by the RMA. There are a few extra steps involved than you’d expect from other consultations Council does.  

In brief, this is how it works: 

1. Issue Identification and Pre-Consultation: First, the need for a plan change is identified, and engagement with interested group(s) is done to get initial feedback. 
2. Preparation of Plan Change and Section 32 Report: The plan change is drafted, as well as a Section 32 report – this is a report which assesses the costs and benefits of the proposed plan change.  
3. Council Approval for Public Notification: Council reviews and approves the plan change and Section 32 report for public notification. 
4. Public Notification and Submissions: Council notifies the public of the proposed plan change and invites submissions. This period is usually a minimum of 20 working days. 
5. Summary of Submissions and Further Submissions: Council reviews all submissions and publishes a summary document online, and invites further submissions. You do not need to have made an original submission to make a further submission. The further submission period is usually 10 working days.  
6. Evidence Submission: Both the applicants and submitters submit detailed evidence to support the proposed plan change. This includes technical reports, environmental assessments, and any other relevant documents. 
7. Hearings: Meetings are held where submitters can present their views in person to a Panel. 
8. Notification of Decision: The Panel makes the decision on the plan change, the council accepts it, considering all submissions and evidence presented during the process.. Decisions are notified to the public and submitters. 
9. Appeals: Submitters can appeal decisions if they disagree. Appeals are heard by the Environment Court.  
10. Plan Change Becomes Operative: Any parts of the Plan Change that are not appealed become operative. For parts that are appealed, they must be resolved before that part becomes operative. Once operative, the plan change is formally incorporated into the District Plan.