Why weren't all the stop banks designated when they were built?
Although most of the existing stopbanks in the city are currently designated in the District Plan, there are small pockets that remain undesignated and situations where the designated boundary of a stopbank doesn’t accurately reflect its actual physical extent.
PC Tahi proposes to address this by ensuring that the stopbank designation included in the District Plan accurately aligns with the full, existing extent of the flood protection network in the city.
Why have the 5 existing schools proposed for inclusion in the Designations chapter never been designated?
These schools are state-integrated schools, which are owned and operated by proprietors (often church-based organisations) rather than the Crown directly through the Ministry of Education.
As the proprietors of state-integrated schools are not recognised as requiring authorities under the RMA, these schools have historically operated under the underlying zoning that applies to the site.
However, since being integrated into the state education system under the Education and Training Act 2020, they are now eligible to be designated, with the designation sought and held by the Minister of Education as the formally recognised requiring authority.
In light of this, the Ministry of Education is now seeking to designate these 5 existing state-integrated school sites in order to:
- provide greater certainty for their ongoing operation and expansion
- ensure their long-term role in the education network is appropriately recognised
Is it only during a full or sectional review of the District Plan that new designations can be added?
No, requiring authorities can issue a Notice of Requirement (NoR) for a new designation at any time under section 168 or 168A of the RMA. However, incorporating them into a plan change (like PC Tahi) can be more efficient as it enables:
- multiple designations to be collectively reviewed and updated
- a coordinated and comprehensive city-wide approach to reviewing and updating designations that protect important public works throughout the city
Although a limited number of new designations are included in PC Tahi, the plan change primarily involves the rollover or minor modification of existing designations in the operative District Plan.
What happens if someone doesn’t agree with a proposed designation?
Anyone can make a submission on PC Tahi if they disagree or are concerned with any aspect of a proposed designation contained in the plan change. This includes the spatial extent of any designation boundaries proposed.
Once the submission period has closed, the process then allows:
- further submissions to be lodged with the Council that support or oppose these submissions
- a hearing to consider the submissions and further submissions received before an independent panel/commissioner
- recommendations to be made by the independent panel/commissioner to the requiring authority
It is important to note, however, that for designations it is the requiring authority (not the Council, unless it is the requiring authority) who makes the final decision, taking into account the recommendations made by the independent panel/commissioner.
What if someone wants to build something on the boundary with a designation?
District Plan rules apply outside of the designated area (and the Horizons Regional Council rules always apply, even when a site is designated), approval of the relevant requiring authority needs to be obtained for any private construction work within a designated area.
What does this designation actually change?
Designating a site for a specific purpose means the Requiring Authority does not have to apply for land use consent from the City Council to undertake works on the site that come within the scope of the designation.
Designations are also a useful way of showing where important public works are located.
With regard to PC Tahi it is important to note that the proposed designations included in the plan change are either already contained in the operative District Plan or relate to already established infrastructure or school sites.
Can a requiring authority build anything on a designated site (e.g. a multi-storey building on a boundary)
A designation allows the requiring authority to undertake physical works within the scope of its designated purpose, subject to:
- submitting an outline plan of work to the Council
- considering and responding to any requested changes or conditions made by the Council
- complying with any relevant conditions relating to the designation (eg. building height/bulk)
- obtaining any necessary approvals from the Regional Council
Will neighbours be consulted in the future?
Once a site is designated, any future works on the site that are within the scope of the designation are not required to be publicly notified. However:
- Requiring authorities are required to provide the Council with an ‘Outline Plan’ of any proposed works
- Council can request changes and suggest conditions
- The requiring authority has a duty under the RMA to avoid, remedy or mitigate adverse effects
- Consents required from a Regional Council would follow the normal process and may require consultation and/or public notification.
Can having a designation on my property affect what I can do on it?
Yes, it can. Where a property or part of a property is subject to a designation, the landowner cannot, without the prior written consent of the relevant requiring authority, do anything on the property that would prevent or hinder any future public work or project related to the designated purpose of the site, including:
- Undertake any work without the prior written consent of the relevant requiring authority; or
- Do any work on the designated site that would impact the designated purpose.
If you are unsure how a designation may relate specifically to your property, please email or contact the Council for further clarification.
How can I request further information?
You can request further information or a copy of the full Notice of Requirement (NoR) documentation by contacting the Council:
To enable us to supply information that is relevant to your request, please include either your property address or an indication of the designation you are enquiring about (e.g. MWRC-1 or MEDU-1).
Council officers are also available to explain how a proposed designation may relate to your property or to direct you to the relevant Requiring Authority.