The government has released its long-awaited National Policy Statement for Highly Productive Land (“NPS-HPL”), which responds to the Our Land 2018 report addressing the threats facing highly productive land in New Zealand. Essentially the NPS-HPL is intended to ensure the availability of the nation’s best soils for food and fibre production. From 17 October 2022 the NPS-HPL will impose important controls on the development of highly productive land.
What does the NPS-HPL do?
The purpose of the NPS-HPL is to give councils more clarity on how to map, zone, and protect highly productive land, including how to manage development of it. The goal is to ensure availability of highly productive land for primary production. The single Objective of the NPS-HPL provides:
Highly productive land is protected for use in land-based primary production, both now and for future generations.
From 17 October 2022, councils will need to consider the relevant NPS-HPL objectives, policies and implementation clauses when determining resource consents and plan changes affecting highly productive land. Councils must map highly productive land within three years. They then have a further two years to update their district and regional plans to align with the NPS-HPL.
Importantly, a transitional definition of highly productive land applies until councils undertake region-wide mapping. Under the transitional definition, land that is zoned General Rural or Rural Production and classed as Land Use Capability (LUC) 1, 2, or 3 – representing the most versatile and productive land/soils – is classified as highly productive land (with some limited exceptions), to which a range of restrictive provisions apply.
The NPS-HPL imposes onerous restrictions, with corresponding narrow exception pathways, for a wide range of proposed development, including:
· subdivision applications (Policy 7, cl 3.8 and 3.10);
· other resource consent applications (Policy 8, cl 3.9 and 3.10); and
· plan changes (Policies 5 and 6, cl 3.6, 3.7 and 3.10).
How does the NPS-HPL fit with the wider RMA reform?
The intent of the NPS-HPL is proposed to be transitioned into the National Planning Framework developed under the proposed Natural and Built Environments Act, which is proposed as the primary replacement of the RMA.
A key tension inherent in the NPS-HPL is how to balance the demand for urban growth (particularly housing) required by the NPS for Urban Development with the protection of highly productive land. Striking the right balance in the face of important competing drivers is a challenge being played out time and time again with the current proliferation of RMA national direction instruments and the wider proposed RMA reform.
Conclusion
Further information is available from the Ministry for the Environment here. Technical guidance on the application of the NPS-HPL is expected to be available in January 2023.
We are advising several clients on the practical impacts of the NPS-HPL. Feel free to get in touch with one of the team if you would like to discuss how the NPS-HPL affects you or your business.