Community consultation

The first phase of consultation took place in February 2020 and included an online survey that asked for feedback on natural and physical resources which the community valued, and those which they were concerned about. ORC also sought feedback on Significant Resource Management Issues (SRMI) prepared from a workshop held with Councillors.

Following the feedback from the online survey, a second phase of consultation began in March 2020.

Facilitated discussions were held in Balclutha, Dunedin, Oamaru and Tapanui. Due to Covid-19 restrictions, meetings scheduled in Alexandra and Queenstown were cancelled.

Read a report about Phase 1 and Phase 2 consultation below:

Reference groups

To enable community feedback on the RPS during Covid-19 restrictions, ORC asked suitably qualified or experienced and interested people to express their interest in joining one of a series of online reference groups, reflecting the framework of the new RPS (as determined by the National Planning Standards). These groups reviewed and gave advice on the draft policy direction in the RPS.

Freshwater visions

In September 2020, the government released the Essential Freshwater reforms to stop degradation of NZ’s waterways and improve water quality and the health of associated ecosystems.

One of the requirements under the National Policy Statement for Freshwater Management 2020 is for all regional councils to work with tangata whenua and communities to develop long-term freshwater visions for Freshwater Management Units (FMUs). Otago has five FMUs, one of which (the Clutha Mata-au FMU) is further divided into five rohe (areas) due to size. The freshwater visions are included as objectives in the pORPS.

ORC consulted with communities around Otago in October and November 2020. Read a report on this process here:

Statutory consultation

In April and May 2021, ORC undertook Clause 3 and Clause 4A consultation under Schedule 1 of the Resource Management Act 1991. Clause 3 names several key stakeholders who must be given the chance to review the draft RPS before notification (other key participants in the development process, including reference group members, were also included in this group). Clause 4A requires a final review by takata whenua.

These are the final external reviews the Act requires prior to notification. As a matter of good practice, a legal review was also undertaken.

Notification

On 26 June 2021, we notified the proposed Otago Regional Policy Statement. You can read the proposed OPRS that was notified in June 2021 here:

High Court declaratory proceedings

When ORC publicly notified its proposed regional policy statement, the Council had determined that the whole of the pORPS was a freshwater planning instrument. Questions were raised whether the pORPS 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.  As a result, the pORPS was separated into two parts: a freshwater and a non-freshwater planning instrument. The non-freshwater instrument kept the original notification date and the freshwater planning instrument part was notified on 30 September 2022. 

Read more about the High Court judgment and the process for the freshwater and non-freshwater parts here: