Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021

1: Title
This Act is the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act amends the Resource Management Act 1991 2021-12-21 Resource Management Act 1991
1: Urban intensification policies and other matters
1: Interpretation and definitions
4: Section 2 amended (Interpretation)
In section 2(1) equivalent zone intensification planning instrument IPI section 80E(1) intensification streamlined planning process ISPP subpart 5A Part 6 large lot residential zone section 77F medium density residential standards MDRS Schedule 3A National Policy Statement on Urban Development NPS-UD
a: that was approved by the Governor-General under section 52(2) on 20 July 2020 and that came into effect on 20 August 2020; and
b: as amended by section 77S(1) new residential zone policy 3 Schedule 3B policy 4 Schedule 3B policy 5 Schedule 3B qualifying matter section 77I 77O relevant residential zone
a: means all residential zones; but
b: does not include—
i: a large lot residential zone:
ii: an area predominantly urban in character that the 2018 census recorded as having a resident population of less than 5,000, unless a local authority intends the area to become part of an urban environment:
iii: an offshore island:
iv: to avoid doubt, a settlement zone residential unit
a: means a building or part of a building that is used for a residential activity exclusively by 1 household; and
b: includes sleeping, cooking, bathing, and toilet facilities residential zone settlement zone section 77F specified territorial authority
a: every tier 1 territorial authority:
b: a tier 2 territorial authority that is required by regulations made under section 80I(1)
c: a tier 3 territorial authority that is required by regulations made under section 80K(1) tier 1 territorial authority
a: Auckland Council:
b: Christchurch City Council:
c: Hamilton City Council:
d: Hutt City Council:
e: Kapiti Coast District Council:
f: Porirua City Council:
g: Selwyn District Council:
h: Tauranga City Council:
i: Upper Hutt City Council:
j: Waikato District Council:
k: Waimakariri District Council:
l: Waipa District Council:
m: Wellington City Council:
n: Western Bay of Plenty District Council tier 2 territorial authority
a: Dunedin City Council:
b: Hastings District Council:
c: Napier City Council:
d: Nelson City Council:
e: New Plymouth District Council:
f: Palmerston North City Council:
g: Queenstown–Lakes District Council:
h: Rotorua District Council:
i: Tasman District Council:
j: Whangarei District Council tier 3 territorial authority
5: Section 43AA amended (Interpretation)
In section 43AA change change
a: a change proposed by a local authority to a policy statement or plan under clause 2 of Schedule 1, including an IPI notified in accordance with section 80F(1) or (2)
b: a change proposed by any person to a policy statement or plan by a request under clause 21 of Schedule 1
6: Section 43AAC amended (Meaning of proposed plan)
Replace section 43AAC(1)﻿(b)
b: includes—
i: a proposed plan or a change to a plan proposed by a person under Part 2 of Schedule 1 that has been adopted by the local authority under clause 25(2)﻿(a) of Schedule 1:
ii: an IPI notified in accordance with section 80F(1) or (2)
2: Specified territorial authority must incorporate medium density residential standards and intensification policies into district plan
7: Section 53 amended (Changes to or review or revocation of national policy statements)
Replace section 53(2)
2: The Minister may, without using a process referred to in subsection (1),—
a: amend a national policy statement if the amendment is of minor effect or corrects a minor error:
b: amend the NPS-UD in accordance with section 77S(2)
8: New section 77E inserted (Local authority may make rule about financial contributions)
After section 77D
77E: Local authority may make rule about financial contributions
1: A local authority may make a rule requiring a financial contribution for any class of activity other than a prohibited activity.
2: A rule requiring a financial contribution must specify in the relevant plan or proposed plan—
a: the purpose for which the financial contribution is required (which may include the purpose of ensuring positive effects on the environment to offset any adverse effect); and
b: how the level of the financial contribution will be determined; and
c: when the financial contribution will be required.
3: To avoid doubt, if a rule requiring a financial contribution is incorporated into a specified territorial authority’s district plan under section 77G
4: In this section and section 77T financial contribution
9: New sections 77F to 77T and cross-headings inserted
After section 77E Interpretation of sections 77F to 77T and Schedule 3A
77F: Interpretation
In this section, sections 77G to 77T Schedule 3A national planning standards urban environment
a: is, or is intended by the specified territorial authority to be, predominantly urban in character; and
b: is, or is intended by the specified territorial authority to be, part of a housing and labour market of at least 10,000 people urban non-residential zone Intensification requirements in residential zones
77G: Duty of specified territorial authorities to incorporate MDRS and give effect to policy 3 or 5 in residential zones
1: Every relevant residential zone of a specified territorial authority must have the MDRS incorporated into that zone.
2: Every residential zone in an urban environment of a specified territorial authority must give effect to policy 3 or policy 5, as the case requires, in that zone.
3: When changing its district plan for the first time to incorporate the MDRS and to give effect to policy 3 or policy 5, as the case requires, and to meet its obligations in section 80F
4: In carrying out its functions under this section, a specified territorial authority may create new residential zones or amend existing residential zones.
5: A specified territorial authority—
a: must include the objectives and policies set out in clause 6 of Schedule 3A
b: may include objectives and policies in addition to those set out in clause 6 of Schedule 3A
i: provide for matters of discretion to support the MDRS; and
ii: link to the incorporated density standards to reflect how the territorial authority has chosen to modify the MDRS in accordance with section 77H
6: A specified territorial authority may make the requirements set out in Schedule 3A section 77I
7: To avoid doubt, existing provisions in a district plan that allow the same or a greater level of development than the MDRS do not need to be amended or removed from the district plan.
8: The requirement in subsection (1)
77H: Requirements in Schedule 3A may be modified to enable greater development
1: In addition to giving effect to policy 3 or policy 5, a specified territorial authority may enable a greater level of development than provided for by the MDRS by—
a: omitting 1 or more of the density standards set out in Part 2 of Schedule 3A
b: including rules that regulate the same effect as a density standard set out in Part 2 of Schedule 3A
2: To avoid doubt, more lenient
3: A specified territorial authority is considered to have met its obligations under section 77G(1) subsection (1)
4: A specified territorial authority may choose not to incorporate 1 or more density standards set out in Part 2 of Schedule 3A
5: To avoid doubt, if a density standard is incorporated into a specified territorial authority’s district plan under subsection (1)
77I: Qualifying matters in applying medium density residential standards and policy 3 to relevant residential zones
A specified territorial authority may make the MDRS and the relevant building height or density requirements under policy 3 less enabling of development in relation to an area within a relevant residential zone only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present:
a: a matter of national importance that decision makers are required to recognise and provide for under section 6:
b: a matter required in order to give effect to a national policy statement (other than the NPS-UD) or the New Zealand Coastal Policy Statement 2010:
c: a matter required to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River:
d: a matter required to give effect to the Hauraki Gulf Marine Park Act 2000 or the Waitakere Ranges Heritage Area Act 2008:
e: a matter required for the purpose of ensuring the safe or efficient operation of nationally significant infrastructure:
f: open space provided for public use, but only in relation to land that is open space:
g: the need to give effect to a designation or heritage order, but only in relation to land that is subject to the designation or heritage order:
h: a matter necessary to implement, or to ensure consistency with, iwi participation legislation:
i: the requirement in the NPS-UD to provide sufficient business land suitable for low density uses to meet expected demand:
j: any other matter that makes higher density, as provided for by the MDRS or policy 3, inappropriate in an area, but only if section 77L
77J: Requirements in relation to evaluation report
1: This section applies if a territorial authority is amending its district plan (as provided for in section 77G
2: The evaluation report from the specified territorial authority referred to in section 32 must, in addition to the matters in that section, consider the matters in subsections (3) and (4)
3: The evaluation report must, in relation to the proposed amendment to accommodate a qualifying matter,—
a: demonstrate why the territorial authority considers—
i: that the area is subject to a qualifying matter; and
ii: that the qualifying matter is incompatible with the level of development permitted by the MDRS (as specified in Schedule 3A
b: assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
c: assess the costs and broader impacts of imposing those limits.
4: The evaluation report must include, in relation to the provisions implementing the MDRS,—
a: a description of how the provisions of the district plan allow the same or a greater level of development than the MDRS:
b: a description of how modifications to the MDRS as applied to the relevant residential zones are limited to only those modifications necessary to accommodate qualifying matters and, in particular, how they apply to any spatial layers relating to overlays, precincts, specific controls, and development areas, including—
i: any operative district plan spatial layers; and
ii: any new spatial layers proposed for the district plan.
5: The requirements set out in subsection (3)﻿(a)
6: The evaluation report may for the purposes of subsection (4)
77K: Alternative process for existing qualifying matters
1: A specified territorial authority may, when considering existing qualifying matters, instead of undertaking the evaluation process described in section 77J
a: identify by location (for example, by mapping) where an existing qualifying matter applies:
b: specify the alternative density standards proposed for those areas identified under paragraph (a)
c: identify in the report prepared under section 32 why the territorial authority considers that 1 or more existing qualifying matters apply to those areas identified under paragraph (a)
d: describe in general terms for a typical site in those areas identified under paragraph (a)
e: notify the existing qualifying matters in the IPI.
2: To avoid doubt, existing qualifying matters included in the IPI—
a: do not have immediate legal effect on notification of the IPI; but
b: continue to have effect as part of the operative plan.
3: In this section, an existing qualifying matter section 77I(a) to (i)
77L: Further requirement about application of section 77I(j)
A matter is not a qualifying matter under section 77I(j)
a: identifies the specific characteristic that makes the level of development provided by the MDRS (as specified in Schedule 3A
b: justifies why that characteristic makes that level of development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and
c: includes a site-specific analysis that—
i: identifies the site to which the matter relates; and
ii: evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and
iii: evaluates an appropriate range of options to achieve the greatest heights and densities permitted by the MDRS (as specified in Schedule 3A
77M: Effect of incorporation of MDRS in district plan on new applications for resource consents and on some existing designations
1: This section applies in relation to the consideration by a consent authority of an application made under section 88 for a resource consent (a new application
a: for an activity to which the MDRS are proposed to apply in an area in a relevant residential zone; and
b: that is lodged on or after the date on which a specified territorial authority notifies its IPI incorporating the MDRS in its district plan in accordance with section 80F(1) or (2)
2: The consent authority considering the new application must consider the plan or proposed plan and apply section 104(1)﻿(b)﻿(vi) in the following way:
a: the provisions of the district plan or any proposed district plan (other than the IPI) cease to have effect in relation to the consideration of the new application; and
b: the objectives and policies set out in clause 6 of Schedule 3A section 77G(5)﻿(a)
3: Subsection (2)﻿(a)
a: set out in clause 6 of Schedule 3A
b: proposed in the IPI to be included in the district plan in accordance with section 77G(5)﻿(a)
4: This section does not apply in relation to any area or site that—
a: is a qualifying matter area (within the meaning of section 86BA(7)
b: is in a new residential zone notified in the IPI.
5: Subsection (6)
a: is included in the specified territorial authority’s district plan; and
b: the designation applies to land that—
i: is in a relevant residential zone; or
ii: adjoins a relevant residential zone.
6: Works undertaken under a designation of the kind referred to in subsection (5) Part 2 of Schedule 3A
7: Any objectives or policies of a regional policy statement or proposed regional policy statement do not apply to the consent authority’s consideration of the new application to the extent that they are inconsistent with the objectives and policies in clause 6 of Schedule 3A
8: This section does not affect the operation of subpart 7 of Part 5.
9: To avoid doubt, the MDRS are irrelevant to the consideration of a new application unless and until the MDRS are notified in the relevant IPI. Intensification requirements in non-residential zones
77N: Duty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones
1: When changing its district plan for the first time to give effect to policy 3 or policy 5, and to meet its obligations under section 80F
2: In carrying out its functions under subsection (1)
3: In carrying out its functions under subsection (1)
a: may create new urban non-residential zones or amend existing urban non-residential zones:
b: may modify the requirements set out in policy 3 to be less enabling of development than provided for by policy 3, if authorised to do so under section 77O
77O: Qualifying matters in application of intensification policies to urban non-residential areas
A specified territorial authority may modify the requirements of policy 3 in an urban non-residential zone to be less enabling of development than provided in those policies only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present:
a: a matter of national importance that decision makers are required to recognise and provide for under section 6:
b: a matter required in order to give effect to a national policy statement (other than the NPS-UD) or the New Zealand Coastal Policy Statement 2010:
c: a matter required to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River:
d: a matter required to give effect to the Hauraki Gulf Marine Park Act 2000 or the Waitakere Ranges Heritage Area Act 2008:
e: a matter required for the purpose of ensuring the safe or efficient operation of nationally significant infrastructure:
f: open space provided for public use, but only in relation to land that is open space:
g: the need to give effect to a designation or heritage order, but only in relation to land that is subject to the designation or heritage order:
h: a matter necessary to implement, or to ensure consistency with, iwi participation legislation:
i: the requirement in the NPS-UD to provide sufficient business land suitable for low density uses to meet expected demand:
j: any other matter that makes higher density development as provided for by policy 3, as the case requires, inappropriate in an area, but only if section 77R
77P: Requirements governing application of section 77O
1: This section applies if a specified territorial authority is amending its district plan (as required by section 77N
2: The evaluation report from the specified territorial authority referred to in section 32 must, in addition to the matters in that section, consider the matters in subsection (3)
3: The evaluation report must, in relation to the proposed amendment to accommodate a qualifying matter,—
a: in the area for which the territorial authority is proposing to make an allowance for a qualifying matter, demonstrate why the territorial authority considers—
i: that the area is subject to a qualifying matter; and
ii: that the qualifying matter is incompatible with the level of development provided for by policy 3 for that area; and
b: assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
c: assess the costs and broader impacts of imposing those limits.
77Q: Alternative process for existing qualifying matters
1: A specified territorial authority may, when considering existing qualifying matters, instead of undertaking the evaluation process described in section 77P
a: identify by location (for example, by mapping) where an existing qualifying matter applies:
b: specify the alternative density standards proposed for the area or areas identified under paragraph (a)
c: identify in the report prepared under section 32 why the territorial authority considers that 1 or more existing qualifying matters apply to the area or areas identified under paragraph (a)
d: describe in general terms for typical sites in those areas identified under paragraph (a)
e: notify the existing qualifying matters in the IPI.
2: To avoid doubt, existing qualifying matters included in the IPI—
a: do not have immediate legal effect on notification of the IPI; but
b: continue to have effect as part of the operative plan.
3: In this section, an existing qualifying matter section 77O(a) to (i)
77R: Further requirements about application of section 77O(j)
A matter is not a qualifying matter under section 77O(j)
a: identifies the specific characteristic that makes the level of urban development required within the relevant paragraph of policy 3 inappropriate; and
b: justifies why that characteristic makes that level of urban development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and
c: includes a site-specific analysis that—
i: identifies the site to which the matter relates; and
ii: evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and
iii: evaluates an appropriate range of options to achieve the greatest heights and densities provided for by policy 3 while managing the specific characteristics. Amendment of NPS-UD
77S: Amendment of NPS-UD
1: Policy 3 in the NPS-UD is amended by,—
a: in paragraph (c), after “building heights of”, inserting “at”; and
b: replacing paragraph (d) with:
“(d): within and adjacent to neighbourhood centre zones, local centre zones, and town centre zones (or equivalent), building heights and density of urban form commensurate with the level of commercial activity and community services.”
2: The Minister for the Environment, after consulting the Minister of Housing, may amend the NPS-UD to make any changes that the Minister for the Environment is satisfied are required as a result of the enactment of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021
a: remove an inconsistency or a potential inconsistency between the NPS-UD and that Act; or
b: amend or replace the definition of planning decision in the NPS-UD; or
c: otherwise clarify the interrelationship between the NPS-UD and that Act. Financial contributions
77T: Review of financial contributions provisions
Each specified territorial authority may, if it considers it appropriate to do so, include financial contributions provisions, or change its financial contributions provisions (as applicable) in the district plan, and, if it does so, may notify them in the IPI required to be notified in accordance with section 80F
3: Specified territorial authority must notify intensification planning instrument
10: New subpart 5A of Part 5 inserted
After section 80C
5A: Intensification planning instruments and intensification streamlined planning process
80D: What this subpart and Part 6 of Schedule 1 do
This subpart and Part 6 Intensification planning instruments
80E: Meaning of intensification planning instrument
1: In this Act, intensification planning instrument IPI
a: that must—
i: incorporate the MDRS; and
ii: give effect to,—
A: in the case of a tier 1 territorial authority, policies 3 and 4 of the NPS-UD; or
B: in the case of a tier 2 territorial authority to which regulations made under section 80I(1)
C: in the case of a tier 3 territorial authority to which regulations made under section 80K(1)
b: that may also amend or include the following provisions:
i: provisions relating to financial contributions, if the specified territorial authority chooses to amend its district plan under section 77T
ii: provisions to enable papakāinga housing in the district:
iii: related provisions, including objectives, policies, rules, standards, and zones, that support or are consequential on—
A: the MDRS; or
B: policies 3, 4, and 5 of the NPS-UD, as applicable.
2: In subsection (1)﻿(b)﻿(iii) related provisions
a: district-wide matters:
b: earthworks:
c: fencing:
d: infrastructure:
e: qualifying matters identified in accordance with section 77I or 77O
f: storm water management (including permeability and hydraulic neutrality):
g: subdivision of land.
80F: Specified territorial authority must notify IPI
1: The following territorial authorities must notify an IPI on or before 20 August 2022:
a: every tier 1 territorial authority:
b: a tier 2 territorial authority to which regulations made before 21 March 2022 under section 80I(1)
2: The following territorial authorities must notify an IPI on or before the date specified in the applicable regulations:
a: a tier 2 territorial authority to which regulations made on or after 21 March 2022 under section 80I(1)
b: a tier 3 territorial authority to which regulations made under section 80K(1)
3: A territorial authority to which subsection (1) or (2)
a: using the ISPP; and
b: in accordance with—
i: clause 95
ii: any requirements specified by the Minister in a direction made under section 80L
80G: Limitations on IPIs and ISPP
IPIs
1: A specified territorial authority must not do any of the following:
a: notify more than 1 IPI:
b: use the IPI for any purpose other than the uses specified in section 80E
c: withdraw the IPI. ISPP
2: A local authority must not use the ISPP except as permitted under section 80F(3)
80H: IPI must show how MDRS are incorporated
1: When a specified territorial authority notifies its IPI in accordance with section 80F(1) or (2) sections 77M 86BA
a: which provisions incorporate—
i: the density standards in Part 2 of Schedule 3A
ii: the objectives and policies in clause 6 of Schedule 3A
b: which provisions in the operative district plan and any proposed plan are replaced by—
i: the density standards in Part 2 of Schedule 3A
ii: the objectives and policies in clause 6 of Schedule 3A
2: The identification of a provision in an IPI as required in subsection (1)
a: does not form part of the IPI; and
b: may be removed, without any further authority than this subsection, by the specified territorial authority once the IPI becomes operative. Tier 2 territorial authorities
80I: Regulations requiring tier 2 territorial authority to change district plan
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring a tier 2 territorial authority to prepare and notify an IPI.
2: An Order in Council made under subsection (1)
3: Before recommending the making of regulations under subsection (1)
a: consult the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti; and
b: be satisfied that the district of the relevant tier 2 territorial authority is experiencing an acute housing need.
4: The Minister, in determining whether a district is experiencing an acute housing need,—
a: must have regard to the median multiple in that district (that is, the median house price divided by the median gross annual household income); and
b: may have regard to any other information indicating that there is an acute housing need in the district.
5: Regulations made under this section are secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Tier 3 territorial authorities
80J: Tier 3 territorial authority may request regulations requiring territorial authority to change district plan
1: A tier 3 territorial authority may request the Minister to recommend the making of regulations under section 80K(1)
2: The Minister may approve or decline the request.
3: Before approving or declining the request, the Minister must—
a: consult the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti; and
b: determine whether the district of the relevant tier 3 territorial authority is experiencing an acute housing need.
4: The Minister, in determining whether a district is experiencing an acute housing need,—
a: must have regard to the median multiple in that district (that is, the median house price divided by the median gross annual household income); and
b: may have regard to any other information indicating that there is an acute housing need in the district.
80K: Regulations requiring tier 3 territorial authority to change district plan
1: The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring a tier 3 territorial authority to prepare and notify an IPI.
2: An Order in Council made under subsection (1)
3: The Minister may recommend the making of regulations under subsection (1)
a: the Minister has received a request from a tier 3 territorial authority under section 80J(1)
b: the Minister is satisfied that the requirements specified in section 80J(3)
4: Regulations made under this section are secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication PCO must publish it on the legislation website and notify it in the Gazette LA19 s 69(1)﻿(c) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act. Ministerial direction
80L: Minister may make direction
1: The Minister may direct 1 or more specified territorial authorities in relation to the following requirements:
a: the number of panel members that the specified territorial authority must appoint to an independent hearings panel established under clause 96(1)﻿(a)
b: the level of experience and qualifications that a person must meet before the specified territorial authority may appoint that person to an independent hearings panel:
c: 1 or more periods of time within which the specified territorial authority must complete 1 or more stages of the ISPP:
d: matters on which the specified territorial authority must report to the Minister.
2: The direction may also include the Minister’s statement of expectations for the specified territorial authority.
3: In deciding the content of the direction, the Minister must have regard to section 80D
4: A direction made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
80M: Amendment of direction
1: The Minister may initiate an amendment of a direction made under section 80L
2: A specified territorial authority may request in writing that the Minister amend a direction made under section 80L
3: The Minister may amend the direction as the Minister thinks appropriate.
4: Unless an amendment made under this section has no more than a minor effect or is made to correct a technical error, section 80L(1), (2), and (3)
5: An amendment made under this section is secondary legislation ( see The following table is small in size and has 3 columns that are grouped under the heading Legislation Act 2019 requirements for secondary legislation made under this section. Legislation Act 2019 requirements for secondary legislation made under this section Publication The maker must publish it in accordance with the Legislation (Publication) Regulations 2021 LA19 s 74(1)﻿(aa) Presentation The Minister must present it to the House of Representatives LA19 s 114 Disallowance It may be disallowed by the House of Representatives LA19 ss 115 116 This note is not part of the Act.
80N: Specified territorial authority must comply with direction
1: A specified territorial authority—
a: must comply with the terms of a direction made under section 80L
b: must have regard to that statement.
2: The direction applies as from time to time amended in accordance with section 80M
4: When rules incorporating MDRS have legal effect
11: Section 86B amended (When rules in proposed plans have legal effect)
1: In section 86B(1) under clause 10(4) of Schedule 1 under clause 10(4), 102(1), or 106(1)
2: In section 86B(1)﻿(a) subsection (3) or section 86BA
3: In section 86B(5) subsection (3) subsection (3) and section 86BA
12: New section 86BA inserted (Immediate legal effect of rules in IPI prepared using ISPP)
After section 86B
86BA: Immediate legal effect of rules in IPI prepared using ISPP
Immediate legal effect: general
1: A rule in a proposed plan has immediate legal effect if the rule meets all of the following criteria:
a: the rule is in an IPI prepared using the ISPP:
b: the rule authorises as a permitted activity a residential unit in a relevant residential zone in accordance with the density standards set out in Part 2 of Schedule 3A
c: the rule does not apply to either of the following areas:
i: a new residential zone:
ii: a qualifying matter area.
2: If a rule in a district plan ( rule A subsection (1) rule B
a: rule A ceases to have legal effect from the time at which rule B has immediate legal effect; and
b: rule A is no longer to be treated as an operative provision of the district plan. More lenient density standards
3: Subsection (4)
a: meets the criteria specified in subsection (1)﻿(a) and (c)
b: would meet the criterion specified in subsection (1)﻿(b)
i: regulates the same effect as a density standard set out in Part 2 of Schedule 3A
ii: is proposed, in accordance with section 77H(1)﻿(b)
4: If this subsection applies,—
a: the proposed density standard does not have immediate legal effect; but
b: all other density standards referred to in subsection (1)﻿(b) subsection (2) Omitted or additional density standards
5: Subsection (6)
a: the rule referred to in subsection (1)
i: omits, in accordance with section 77H(1)﻿(a) Part 2 of Schedule 3A
ii: includes an additional requirement, condition, or permission regulating an effect other than those set out in Part 2 of Schedule 3A
b: the omitted density standard, or the additional requirement, condition, or permission, regulates the same effect as a rule (including a density standard, requirement, condition, or permission) in the operative plan (the operative rule
6: If this subsection applies, the operative rule continues to have legal effect until the date on which the proposed plan becomes operative. Interpretation
7: In this section, more lenient section 77H(2) qualifying matter area section 77I
5: Other amendments
13: Section 104 amended (Consideration of applications)
In section 104(1) Part 2 and section 77M
14: Section 224 amended (Restrictions upon deposit of survey plan)
In section 224 section 11(1A)﻿(b)﻿(i) section 11(1)﻿(a)﻿(i) or (iii)
2: Amendments to schedules and new schedules
1: Intensification streamlined planning process
15: Part 2 of Schedule 1 amended
After clause 25(4)
4A: A specified territorial authority must not accept or adopt a request if it does not incorporate the MDRS as required by section 80F(1) or (2)
16: New Part 6 inserted into Schedule 1
In Schedule 1, after clause 94
6: Intensification streamlined planning process
How specified territorial authority notifies intensification planning instrument
95: How specified territorial authority notifies intensification planning instrument
What specified territorial authority must do to notify intensification planning instrument
1: A specified territorial authority must prepare, notify, and progress an IPI by following the relevant processes described in subclause (2) Application of Part 1 of this schedule
2: The following clauses of Part 1 of this schedule apply to the extent that they are relevant to a specified territorial authority:
a: clause 1A (which requires a proposed policy statement or plan to be prepared in accordance with any applicable Mana Whakahono a Rohe):
b: clause 1B (which relates to iwi participation legislation):
c: clause 2(1) (which requires a local authority to prepare a proposed policy statement or plan):
d: clause 3(1), (2), and (4) (which relates to consultation requirements):
e: clause 3B (which relates to consultation with iwi authorities):
f: clause 3C (which relates to previous consultation under other enactments):
g: clause 4A (which requires a local authority to fulfil certain pre-notification requirements concerning iwi authorities):
h: clause 5(1)﻿(a) and (b)﻿(i), (1A), (1B), (2), and (3) to (6) (which requires a local authority to publicly notify a proposed policy statement or plan that it has decided to proceed with):
i: clause 6 (which relates to who may make submissions on a publicly notified proposed policy statement or plan):
j: clause 7(1) and (2) (which requires a local authority to give public notice of certain matters relating to submissions):
k: clause 8(1) and (2) (which enables certain persons to make further submissions):
l: clause 8A (which relates to serving copies of further submissions made under clause 8):
m: clause 8AA (which enables a local authority to arrange a meeting with a person who has made a submission on a proposed policy statement or plan for the purpose of clarifying or facilitating the resolution of any matter relating to the statement or plan):
n: clause 8B (which requires a local authority to hold a hearing into submissions on its proposed policy statement or plan):
o: clause 16(2) (which enables a local authority to correct minor errors in a proposed policy statement or plan):
p: clause 16A (which enables a local authority to initiate variations to a proposed policy statement or plan):
q: clause 17 (which relates to when a local authority may approve a proposed policy statement or plan).
3: In the clauses referred to in subclause (2)
a: references to a local authority
b: references to a proposed policy statement or plan What specified territorial authority must do in respect of independent hearings panel
96: Specified territorial authority must establish independent hearings panel and delegate necessary functions
1: A specified territorial authority must—
a: establish an independent hearings panel to—
i: conduct a hearing of submissions on the IPI once it has been notified by the specified territorial authority; and
ii: make recommendations, after the hearing of submissions is concluded, to the specified territorial authority; and
b: appoint 1 member of the panel to be the chairperson of the panel.
2: Before establishing an independent hearings panel, the specified territorial authority must—
a: consult tāngata whenua through relevant iwi authorities on whether it is appropriate to appoint a member of the panel with an understanding of tikanga Māori and of the perspectives of local iwi or hapū; and
b: if tāngata whenua consider it appropriate, appoint at least 1 member of the panel with an understanding of tikanga Māori and the perspectives of local iwi or hapū, in consultation with relevant iwi authorities.
3: The specified territorial authority must delegate the necessary functions to the independent hearings panel.
4: In this clause, necessary functions
a: means the functions, powers, or duties that the independent hearings panel requires to carry out its role under subclause (1)﻿(a)
b: includes the functions, powers, or duties that a local authority requires in order to hold a hearing under clause 8B; but
c: does not include—
i: the approval of a proposed policy statement or plan under clause 17:
ii: this power of delegation.
97: Specified territorial authority must submit intensification planning instrument documents to independent hearings panel
A specified territorial authority must, as soon as is reasonably practicable, submit the following documents and information, as relevant, to the independent hearings panel that it has established under clause 96(1)﻿(a)
a: the IPI that was publicly notified:
b: any variation made to the IPI under clause 16A:
c: the specified territorial authority’s evaluation report prepared under section 32:
d: the submissions on the IPI received by the closing date for submissions:
e: the specified territorial authority’s summary of the decisions requested by submitters:
f: further submissions on the IPI received by the closing date for further submissions:
g: submissions received after the closing date for submissions or further submissions:
h: information about when the submissions described in paragraph (g)
i: the planning documents that are recognised by an iwi authority and lodged with the specified territorial authority:
j: documentation relevant to any obligations arising under any relevant iwi participation legislation, joint management agreement, or Mana Whakahono a Rohe:
k: any other relevant information. Powers of independent hearings panel and process for recommendations
98: Powers of independent hearings panel
1: To the extent applicable, an independent hearings panel has the same duties and powers as a local authority under the following provisions:
a: section 39 (which provides for how hearings are to be conducted), except section 39(2)﻿(c) and (d):
b: section 39AA (which enables a hearing to be conducted using remote access facilities):
c: section 40 (which provides for the persons who may be heard at a hearing):
d: section 41 (which provides for the application of certain provisions of the Commissions of Inquiry Act 1908):
e: section 41A (which relates to the control of hearings):
f: section 41B (which provides for the giving of directions as to the time for providing evidence in relation to a hearing):
g: section 41C (which sets out the directions and requests that may be given before or at a hearing), except section 41C(4):
h: section 41D (which provides for submissions to be struck out before or at a hearing):
i: section 42 (which provides for the protection of sensitive information).
2: If an independent hearings panel exercises a power under section 41D,—
a: a person whose submission is struck out has a right of objection under section 357(2) as if the references in that subsection to an authority were references to an independent hearings panel; and
b: sections 357C, 357D, and 358 apply to the independent hearings panel as the body to which an objection is made under section 357(2).
3: An independent hearings panel may decide to accept or reject any late submission.
4: At a hearing, an independent hearings panel may—
a: permit a party to question another party or a witness:
b: prohibit cross-examination:
c: permit cross-examination at the request of a party, but only if the panel is satisfied that it is in the interests of justice:
d: regulate the conduct of any cross-examination.
99: Independent hearings panel must make recommendations to territorial authority on intensification planning instrument
1: An independent hearings panel must make recommendations to a specified territorial authority on the IPI.
2: The recommendations made by the independent hearings panel—
a: must be related to a matter identified by the panel or any other person during the hearing; but
b: are not limited to being within the scope of submissions made on the IPI.
3: An independent hearings panel, in formulating its recommendations, must be satisfied that, if the specified territorial authority were to accept the panel’s recommendations, sections 85A and 85B(2) (which relate to the protection of protected customary rights) would be complied with.
100: How independent hearings panel must provide recommendations
1: The independent hearings panel must provide its recommendations to a specified territorial authority in 1 or more written reports.
2: Each report must—
a: set out the panel’s recommendations on the provisions of the IPI covered by the report; and
b: identify any recommendations that are outside the scope of the submissions made in respect of those provisions; and
c: set out the panel’s recommendations on the matters raised in submissions made in respect of the provisions covered by the report; and
d: state the panel’s reasons for accepting or rejecting submissions; and
e: include a further evaluation of the IPI undertaken in accordance with section 32AA (requirements for undertaking and publishing further evaluations).
3: Each report may also include—
a: matters relating to any alterations necessary to the IPI as a consequence of matters raised in submissions; and
b: any other matter that the panel considers relevant to the IPI that arises from submissions or otherwise.
4: In stating the panel’s reasons for accepting or rejecting submissions in accordance with subclause (2)﻿(d)
a: the provisions of the IPI to which they relate; or
b: the matters to which they relate.
5: To avoid doubt, a panel is not required to make recommendations in a report that deal with each submission individually. Decisions on independent panel’s recommendations
101: Specified territorial authority to consider recommendations
1: The specified territorial authority—
a: must decide whether to accept or reject each recommendation of the independent hearings panel; and
b: may provide an alternative recommendation for any recommendation that the authority rejects.
2: The specified territorial authority must refer to the Minister—
a: each rejected recommendation, together with the authority’s reasons for rejecting the recommendation; and
b: any alternative recommendation that the authority has provided under subclause (1)﻿(b)
3: The specified territorial authority must make decisions under subclause (1)
4: When making decisions under subclause (1)
a: is not, subject to subclause (2)
b: must not consider any submission or other evidence unless it was made available to the independent hearings panel before the panel made the recommendation that is the subject of the specified territorial authority’s decision; and
c: may seek clarification from the independent hearings panel on a recommendation in order to assist the specified territorial authority to make a decision under subclause (1)
5: To avoid doubt, the specified territorial authority may accept recommendations of the independent hearings panel that are beyond the scope of the submissions made on the IPI.
102: Notification of specified territorial authority’s decisions
1: The specified territorial authority must publicly notify its decisions made under clause 101(1)
a: each recommendation of the independent hearings panel that it accepts; and
b: each recommendation of the independent hearings panel that it rejects and the reasons for doing so; and
c: any alternative recommendation that it has provided for a rejected recommendation.
2: Subclause (3)
3: The territorial authority may notify the recommendation as accepted, but only if, when complying with subclause (1)﻿(a)
4: A recommendation to which subclause (2)
5: Not later than 5 working days after the specified territorial authority’s decisions under subclause (1)
6: The specified territorial authority must also—
a: make a copy of the public notice and the decisions under clause 101(1)
i: on an Internet site maintained by or on behalf of the territorial authority; and
ii: in physical form at all of the territorial authority’s offices and all public libraries in its district; and
b: include with the notice a statement of the places where a copy of the decision is available; and
c: send or provide, on request, a copy of the decision within 3 working days after the request is received.
103: What happens if specified territorial authority accepts all recommendations of independent hearings panel
1: This clause applies if the specified territorial authority decides to accept all the recommendations of the independent hearings panel.
2: On the notification under clause 102(1)
a: all the recommendations of the independent hearings panel are incorporated into the district plan that has been subject to the ISPP; and
b: the plan (as altered by those recommendations)—
i: is deemed to have been approved by the territorial authority under clause 17(1); and
ii: becomes operative in accordance with clause 20.
104: What happens if specified territorial authority accepts some, or none, of recommendations of independent hearings panel
1: Clause 105
a: decides to accept some, or none, of the recommendations of the independent hearings panel; and
b: refers, under clause 101(2)
2: On the notification under clause 102(1)
a: all the recommendations of the independent hearings panel that were accepted by the specified territorial authority are incorporated into the district plan that has been subject to the ISPP; and
b: the affected parts of the plan (as altered by those recommendations)—
i: are deemed to have been approved by the territorial authority under clause 17(1); and
ii: become operative in accordance with clause 20.
105: Minister must decide on rejected and alternative recommendations
1: The Minister must decide—
a: to accept or reject any or all of the recommendations referred to the Minister under clause 101(2)﻿(a)
b: for any recommendation that the Minister rejects, whether to accept an alternative recommendation referred to the Minister under clause 101(2)﻿(b)
2: In making a decision under subclause (1)
a: may take into account only those considerations that the independent hearings panel could have taken into account when making its recommendation; but
b: may have regard to—
i: whether the specified territorial authority has complied with the procedural requirements, including time frames, required by the direction made under section 80L
ii: whether and, if so, how the independent hearings panel has had regard to that direction; and
iii: whether and, if so, how the specified territorial authority and the independent hearings panel have had regard to the statement of expectations (if any) included in that direction.
3: Once the Minister has made decisions under subclause (1)
4: Subclause (5)
5: The Minister may notify the recommendation to the specified territorial authority as accepted, but only if, when complying with subclause (3)
6: A recommendation to which subclause (4)
7: On the notification under clause 106(1)
a: the recommendations of the independent hearings panel referred to the Minister under clause 101(2)
b: the plan (as altered by those recommendations)—
i: is deemed to have been approved by the territorial authority under clause 17(1); and
ii: becomes operative in accordance with clause 20.
106: Notification of Minister’s decisions
1: Once the Minister has notified a specified territorial authority under clause 105(3) clause 105(1)
2: The specified territorial authority must publicly notify the Minister’s decisions made under clause 105(1)
a: each recommendation referred to the Minister under clause 101(2)﻿(a)
b: each recommendation referred to the Minister under clause 101(2)﻿(a)
c: any alternative recommendation referred to the Minister under clause 101(2)﻿(b)
3: Subclause (4) clause 105(4)
4: The specified territorial authority must, when complying with subclause (2)
a: notify the recommendation as accepted; and
b: set out the alterations to the recommendation.
5: Not later than 5 working days after the Minister’s decisions under clause 105(1)
6: The specified territorial authority must also—
a: make a copy of the public notice and the decisions under clause 105(1)
i: on an Internet site maintained by or on behalf of the territorial authority; and
ii: in physical form at all of the territorial authority’s offices and all public libraries in its district; and
b: include with the notice a statement of the places where a copy of the decisions are available; and
c: send or provide, on request, a copy of the decisions within 3 working days after the request is received. Appeals and judicial review
107: Scope of appeal rights
There is no right of appeal under this Act against any decision or action of the Minister, a specified territorial authority, or any other person under this Part.
108: Judicial review
Nothing in this Part limits or affects any right of judicial review a person may have in respect of any matter to which this Part applies.
2: Other amendments
17: New Schedules 3A and 3B inserted
After Schedule 3 Schedules 1 2
18: Schedule 12 amended
In Schedule 12
a: insert the Part set out in Schedule 3
b: make all necessary consequential amendments.