Rolling over of designations in the plan review process

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The steps shown in this flowchart are covered in the Designations in proposed district plans guidance note.

Textural description of figure

Steps illustrated in the figure are explained below:
Step 1
The Territorial Authority (TA) invites the Requiring Authority (RA) with existing designations to be included in the proposed District Plan. The RA requests a roll-over designation with or without modifications.

Step 2
If the designation is not rolled-over, the TA does not show the rollover designation in the proposed District Plan.

Step 2a
If the legislation is rolled over, the TA confirms the RA status. If the RA status is not confirmed, the TA returns the application to the RA for clarification (return to step 1).

Step 3
If the RA status is confirmed, the TA must decide if the designation has lapsed. If the designation has lapsed, the RA must lodge a notice of requirement for a new designation (see Figure 1).

Step 3a
If the designation has NOT lapsed, the TA publicly notifies the proposed District Plan (including the roll-over designations).

Step 4
Following the closing of submissions, the TA makes a decision is a hearing is required (or if one is requested by a submitter)

Step 5
If a pre-hearing meeting is required, this takes place, and then following the pre-hearing, a decision is made if a hearing is still required.

Step 6
A hearing is conducted, and following this (or the next step if a hearing is not required), the decision is made if the notice of requirement is by the TA itself.

Step 7
If the notice of requirement is by the TA itself, the TA makes the decision and has 15 Working Days to notify submitters and landowners of the RA decision.

Step 7a
If the notice of requirement is not by the TA itself, the TA makes a recommendation to the RA. The RA has 30 Working Days to make a decision and advice the TA.

Step 8
Once the TA is advised, the TA has 15 Working Days to notify submitters and landowners of the RA decision.

Step 9
The TA or any submitters have the opportunity to lodge an appeal on the RA decision.

Step 10
If an appeal is lodged by the TA and/or submitter/s, the Environment Court must decide whether to confirm the designation or not.

Step 10a
If the Environment Court decision is no, the designation is NOT included in the District Plan. If the Environment Court confirms the designation, or there are no appeals by the TA and/or submitters, the TA puts the designation into the District Plan.

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