Making Submissions and Further Submissions

  • When a council has prepared a proposed policy statement, plan, plan change or variation, it must be publicly notified under clause 5 of Schedule 1of the Resource Management Act 1991 (RMA). Councils must provide the public with at least 40 working days to submit on a proposed policy statement or plan, and at least 20 working days to submit on a proposed change or variation.
  • Anyone can make a submission provided that submission does not seek to gain an advantage in trade competition. Where a person is a trade competitor their right to make a submission is limited to where they are directly affected by an effect of a proposed policy statement or plan that;
    • adversely effects the environment; and
    • does not relate to trade competition or the effects of trade competition (see clause 6 of Schedule 1).

Clauses 6-8A of Schedule 1 provide further details on the processes and requirements for making submissions.

Making further submissions on a proposed plan or policy statement

  • Once the initial submission period has closed, the council must summarise and publicly notify the decisions requested by submitters. Following the notification of the summary of submissions, there is an opportunity to make further submissions. The further submission period is no longer than 10 working days from the date the summary of submissions was notified.
  • When notifying the summary of decisions requested on submissions, a council only has to serve a copy of the public notice on submitters (and requiring authorities), rather than the summary itself. However, if a submitter requests the summary, a council must provide it within three working days.
  • A further submission is limited to a matter in support of, or opposition to, an original submission. Under clause 8 of Schedule 1, further submissions can only be made by:
    • persons who are representing a relevant aspect of the public interest
    • persons who have an interest in the proposed policy statement or plan that is greater than the interest the general public has
    • the council itself.

The same trade competition limits that apply to submissions also apply to further submissions.

See clauses 8-8A of Schedule 1 for further details on the processes and requirements for making further submissions.