NPS-HPL Update

National Policy Statement – Highly Productive Land: Important Update

The NPS-HPL came into force on 17 October 2022, with most provisions having immediate effect, placing restrictions on rezoning, subdivision and land-use proposals on land that meets the transitional definition of HPL (Land Use Capability (LUC) classes 1–3, with some exceptions). We must fully comply with the NPS-HPL regulations for any subdivision or land-use application, and there are few exemptions available for subdivisions. Even when a proposal may meet the minimum area requirements of the relevant District Plan, the Council may not approve a subdivision consent if it’s affected by LUC 1-3 unless there is justification supported by a suitably qualified Agricultural Consultant’s report, and this is agreed to by Councils peer review process.

There is some good news, announced fittingly during the SIAFD last week – here are some updates from the Honourable Chris Bishop:

“National campaigned on amending the NPS-HPL to remove the lowest classification of land protected, what is known as LUC-3.This kind of land is not the golden soils we need in Pukekohe – instead, it’s much lower quality land that is good for housing. Despite being a lower quality of soil, two thirds of land protected by the NPS-HPL is classified as LUC-3.

I am pleased to announce today that Cabinet has agreed to remove LUC-3 from the NPS-HPL this year, fulfilling our election promise. Across the country, this will open up land for housing roughly equivalent to the size of the Waikato region. Alongside this, we are going to consult on whether we should establish what we’ve called ‘special agriculture zones’ around key horticulture hubs like Horowhenua or Pukekohe. This would essentially protect LUC 1, 2 and 3 land when it is grouped together in a natural configuration.

We need more houses, and we need more greenfield development. Removing these restrictions will allow us to have our vegetables and eat them too.

Changes to the NPS-HPL will be progressed as part of our National Direction changes in Phase 2 of our RMA reforms.”

Read the full article here:

https://www.beehive.govt.nz/speech/speech-property-council-residential-development-summit