District Plan FAQs

Every council is required to have a district plan. It is a ‘rule book’ that directs how we will use, develop and subdivide land in our district. It includes our environmental objectives and policies and sets out the rules to help us achieve those goals. It specifies what can and can’t be done without a resource consent, and the standards that must be followed. District plans ensure that our district's current needs, including economic and residential growth, are balanced with protecting the natural environment for our residents today and for future generations.

Our District Plan maps show the zonings that apply across the district, for instance:

• Residential
• Rural
• Commercial/ Retail
• Industrial/Service

For each zone, our District Plan has a set of provisions that regulate activities within them. There are also rules that apply across the district. For instance, the District Plan includes rules relating to matters such as natural hazards, historic heritage, sites and areas of significance to Māori and significant natural areas.

Everyone is affected by our District Plan because it helps shape how we live, work and play in Central Hawke’s Bay. Its policies are designed to ensure the environment, and the things people love about living here, are protected.

No one can use land in a way that disregards our District Plan. Even visitors need to follow rules relating to things like hazard management and noise.

To help explain the provisions of the Proposed District Plan, five key themes have been developed. Click here to read about the key themes.

We have worked closely with tangata whenua while preparing the plan, including partaking in hui, field trips and presentations, and having Taiwhenua o Tamatea representation on the plan's sub-committee. The plan includes specific chapters addressing cultural values, sites of cultural significance, and papakāinga and kaumatua housing.

Your property may be shown on the planning maps as being in, or including, a significant natural area. This means you have a special area on all or part of your land that has high biodiversity value. Provisions in the District Plan will ensure these areas are protected for future generations. There are some controls on vegetation clearance although many day-to-day activities will not require a resource consent. The rules are contained in the Natural Environment Values section of the District Plan. Have a look at the plan's review documents to read the technical reports that led to these provisions.

Check the District Plan - Operative in Part (2024) to see how your activity is classified:

• Permitted - allowed if you follow the standards outlining how the activity must be done.
• Controlled - requires resource consent but will be approved if meets standards.
• Restricted discretionary - requires resource consent and Council has discretion over certain matters when deciding whether to grant a resource consent.
• Discretionary - requires resource consent and effects will be assessed and resource consent granted or declined on a case-by-case basis.
• Non-complying - resource consent granted only under exceptional circumstances.
• Prohibited - not allowed at all, even with a resource consent.

Once you have approval, you need to ensure your activity is undertaken within the plan’s rules and standards.

A resource consent is permission to undertake an activity that requires a resource consent under the District Plan. If the land use activity you wish to undertake on your land is not permitted as of right, a resource consent may be required. 

A resource consent may also be required under the Hawke's Bay Regional Resource Management Plan administered by the Regional Council.   If you are unsure whether your activity needs a resource consent, please call and discuss your plans with a Council planner.

An appeal is filed with the Environment Court when a submitter or further submitter disagrees with any aspect of the decision. It could be an appeal on a single rule, such as the maximum height of buildings, or a broader topic; however, an appeal cannot request the withdrawal of the entire plan or appeal against the plan as a whole.

The appeal process is different to the previous process that was managed by Council and the independent Hearings Panel. Appeals are managed by the Environment Court. This means that the Court determines the process, although it often seeks input from Council (and its advisors) and all other parties (both appellants and interested parties).

Any person who made a submission or further submission on a provision or part of the Proposed District Plan may appeal to the Environment Court in respect of that provision or matter.

Any person who made a submission on a proposed policy statement or plan may appeal to the Environment Court in respect of the decisions of the local authority on submissions, in respect of provisions or matters to which their submission referred. 

A notice of appeal must be prepared in accordance with Form 7 and lodged with the Environment Court within 30 working days of the decision being notified.

You can read more about lodging an appeal on the Environment Court's website. 

Appeals can take some time to resolve, although the Environment Court tries to ensure progress is being made by imposing timeframes for reporting back to the Court. There are a number of avenues that appeals can be worked through, such as negotiation and Court-assisted mediation, and parties are encouraged to explore these before an appeal progresses to a Court hearing.

Yes, parts of the Proposed District Plan can change through the appeals process, depending on the nature of the appeals. 

If you have received notice of an appeal and you made a submission on the subject matter of that appeal, you can give notice to the Environment Court that you wish to join the appeal by becoming what is called ‘a section 274 party’. A section 274 party to an appeal is someone who wishes to support or oppose an appeal point.

If you did not make a submission on the subject matter of an appeal, you may be eligible to become a party to an appeal if you meet the specific criteria. Not everyone can become a party to an appeal. To be a section 274 party, you must be either:

• the Minister for the Environment;
• a local authority;
• a person who has an interest in the proceedings that is greater than the public generally (excluding any person or business who may be a trade competitor and is acting to prevent the applicant from engaging in trade competition); or
• a person who made a submission about the matter.

Any eligible person who wishes to become a party to any appeal under section 274 of the Resource Management Act must give notice to the Environment Court, the Central Hawke’s Bay District Council and the appellant within a further 15 working days after the period for lodging appeals ends.

If you are considering becoming a section 274 party, we suggest that you seek your own legal advice.

Clause 16 of the Resource Management Act allows Council to make amendments of minor effect, or to correct any minor errors. Any errors that are more significant can only be corrected through an appeal or a variation to the District Plan.