PPC28 - Maitahi Bayview

Status - Operative

The following proposed private plan change was made Operative and has been incorporated into the Nelson Resource Management Plan (NRMP).

Private Plan Change 28 (PPC28) proposed to rezoned 287 hectares of land located within the Kaka Valley, along Botanical Hill and Malvern Hill from Rural and Rural-Higher Density Small Holdings Area to a combination of:

Residential (Higher, Standard and Lower Density Areas);
Rural;
Open Space Recreation; and
Suburban Commercial.

PPC28 additionally introduced a structure plan and associated objectives, policies, rules and other methods into the NRMP to regulate and guide subdivision, use and development of the site. Consequential changes to existing provisions were also incorporated to ensure the effective administration of the NRMP.

Contact

For further information regarding this Plan Change, please contact Environmental Planning on 03 546 0200 or email.

Key steps and related documents

Operative - 19 December 2024

At its meeting on 5 December 2024, Nelson City Council resolved to make PPC28 operative on 19 December 2024, in accordance with the Environment Court’s final decision.

Nelson Mail Private Plan Change 28 Operative - 14 December 2024

Council Meeting - Minutes with resolution ot make Private Plan Change 28 Operative - 5 December 2024

Appeals - 14 November 2022

The Council’s decision was subsequently appealed to the Environment Court by Save the Maitai Incorporated (the appellant). The appeal was joined by the applicant and by the following four parties who were submitters to PPC28:

Wendy Barker;
Richard English;
Anthony Stallard; and
Trustees of the Barker Stallard Family Trust.

The appeal process then followed the timeline summarised below:

Timeframe	Milestone
March – May 2023	Evidence exchange between the parties
November 2023	Joint witness conferencing
July 2024	Court’s interim decision directing changes to PPC28 maps and further expert conferencing
August 2024	Further joint witness conferencing and additional changes proposed to the PPC28 provisions
11 November 2024	Court’s final decision

By the time the hearing commenced, the scope of matters at appeal were significantly narrowed. Proceedings focussed almost entirely on the management of erosion and sedimentation effects and issues concerning land identified as ‘highly productive’ under the corresponding National Policy Statement.

The Court’s final decision signalled that the resulting amendments proposed by the conferencing experts were generally to the Court’s satisfaction, with additional refinements suggested by the appellant also adopted. The Court subsequently released their final decision on 11 November 2024 directing changes be made to the NRMP.

Decision of the Environment Court Confirming Final Plan Provisions - 20 November 2024

Final Decision of the Environment Court - 11 November 2024

Interim Decision for the Environment Court - 3 July 2024

Notice of Hearing and list of Appellants from the Environmental Court - 14 February 2024

Decisions - 27 September 2022

Public Notice of Council approval and Appeals - 27 September 2022

Council Resolutions on Report to Council - 27 September 2022

Report to Council - Decision on Private Plan Change 28 - Maitahi Bayview - 27 September 2022

Hearing - 13-22 July 2022

The Council appointed a panel of independent commissioners (Hearing Panel), who held a hearing over seven days in July 2022 and subsequently recommended that the Council approve PPC28 with extensive amendments.

Section 42A Addendum Report with Appendices A-K - 29 June 2022

Section 42A Report on Submissions and Further Submissions - 3 June 2022

Appendices A-B and C-S of the Section 42A Report - 3 June 2022

Hearing Panel Recommendation Report - 9 September 2022

The Council's Hearing (not Environment Court) recordings are available on the NCC YouTube Channel.