Freshwater parts of the Proposed Otago Regional Policy Statement 2021 (pORPS 21) sets the direction for future management of Otago's natural and physical resources.
On 15 September 2022 Council determined that the parts of the Proposed Otago Regional Policy Statement 2021 set out below are those that directly relate to the maintenance or enhancement of the quality or quantity of freshwater as defined in section 80A (2) of the Resource Management Act 1991 and therefore comprise a freshwater planning instrument.
Information on the RPS hearings process
Information on the hearings process generally takes the form of Minutes that are available from the link above. As well as uploading Minutes to the ORC webpage, the Hearing Panel also uses ORC’s existing 'Address for Service' list. If you are a submitter or a further submitter, please advise us of any changes to your contact details.
Updated 30 September 2022, 14:09: There was an error in the original table which has been replaced. The new table below aligns with Council’s resolution of 15 September 2022.
Package |
Components |
| Interpretation | Definitions: Certified freshwater farm plan Drinking water National Objectives Framework Natural Hazard works Other infrastructure Over-allocation Specified infrastructure Specified rivers and lakes Wetland utility structure |
| SRMR | SRMR–I5 SRMR–I6 SRMR–I9 |
| RMIA-WAI | RMIA–WAI–I1 RMIA–WAI–I3 |
| LF-WAI | LF–WAI–O1 – Te Mana o te Wai LF–WAI–P1 – Prioritisation LF–WAI–PR1 – Principal reasons – Paragraph 1 LF–WAI–AER2 |
| LF-VM | LF–VM–O2 – Clutha Mata-au FMU vision LF–VM–O3 – North Otago FMU vision LF–VM–O4 – Taieri FMU vision LF–VM–O5 – Dunedin & Coast FMU vision LF–VM–O6 – Catlins FMU vision LF–VM–P5 – Freshwater Management Units (FMUs) and rohe LF–VM–P6 – Relationship between FMUs and rohe LF–VM–E2 – Explanation |
| LF-FW | LF–FW–O8 – Fresh water LF–FW–O9 – Natural wetlands LF–FW–P7 – Fresh water LF–FW–P9 – Protecting natural wetlands LF–FW–P10 – Restoring natural wetlands LF–FW–P15 – Stormwater and wastewater discharges LF–FW–M6 – Regional plans LF–FW–M7 – District plans LF–FW–M8 – Action plans LF-FW-E3 – Explanation (paragraph 2) LF-FW-E3 – Explanation (paragraph 5) LF–FW–PR3 – Principal reasons LF–FW–AER4 - AER11 |
| LF-LS | LF–LS–P18 – Soil erosion LF–LS–P21 – Land use and fresh water LF–LS–M11 – Regional plans LF–LS–AER14 |
| Maps | MAP1 |
The PORPS that was publicly notified on 26 June 2021 has been edited to now clearly identify those provisions or parts that ORC has determined are those that directly relate to the maintenance or enhancement of the quality or quantity of freshwater as defined in Section 80A (2) of the Resource Management Act 1991 and therefore comprise a freshwater planning instrument. Read the edited PORPS 21:
The previously notified Section 32 Report has been edited to clearly identify those parts that relate directly to the Freshwater Planning Instrument parts of the PORPS.
Read the edited Section 32 Evaluation Report:
For completeness, the High Court determined that the balance of the PORPS could continue through the normal Part 1 of Schedule 1 Resource Management Act process without renotification. If you made a submission on the PORPS, you can find more information on the Non-freshwater parts of the PORPS, including the Hearing, here.
The full submissions on the Freshwater Planning Instrument Part of the PORPS 21:
|
Date |
Action |
|
22 July 2022 |
Otago Regional Council v Royal Forest and Bird Protection Society of New Zealand decision issued. |
|
30 September 2022 |
ORC publicly notifies the Freshwater Planning Instrument Part of the PORPS21. Submissions period opens. |
|
29 November 2022 |
Submissions period closes. |
|
21 January 2023 |
Summary of Decisions Requested’ is notified, and further submissions called for. |
|
1 February 2023 |
Public Notice of Extension for some Submissions and Corrigendum to SODR. |
|
3 February 2023 |
Further submissions period closes. |
|
7 February 2023 |
Public Notice advising Corrigendum 2 to the SODR and Time Extension for Specific Further Submissions. |
|
8 February 2023 |
Closing date for Further Submissions on those listed below and Ravensdown Ltd (FPI017.005)
|
|
16 February 2023 |
Closing date for Further Submissions on the Fuel Companies (FPI034.002). |
|
13 April 2023 |
Summary of Decisions Requested including Further Submissions made available on ORC website. |
In June 2021, ORC publicly notified its proposed regional policy statement. At that time, the Council had determined that the whole of the PORPS was a freshwater planning instrument. Questions were raised whether the Proposed RPS 21 is a freshwater planning instrument in terms of section 80A of the RMA.
To resolve these questions, ORC brought proceedings in the High Court in Dunedin under the Declaratory Judgments Act 1908.
In its Judgment (Otago Regional Council v Royal Forest and Bird Protection Society of New Zealand Incorporated [2022] NZHC 1777) dated 22 July 2022, the High Court declared that the Council’s determination that the whole of the PORPS is a freshwater planning instrument was wrong.
The High Court instructed the Council to satisfy itself as to which parts of the proposed regional policy statement qualify as part of a freshwater planning instrument because they relate directly to the maintenance or enhancement of freshwater quality or quantity.
Read more about the development of the PORPS 21
For general enquiries regarding the PORPS Freshwater Planning Instrument Parts, email fpirps@orc.govt.nz
