Resource Management Act 1991

Schedule 3C: Alternative intensification provisions for Auckland and Christchurch

You could also call this:

"Rules for building and growing in Auckland and Christchurch"

Illustration for Resource Management Act 1991

You are reading about rules for Auckland and Christchurch. Auckland Council can withdraw Plan Change 78 by giving public notice. The Council must say why it is withdrawing the plan. Christchurch City Council can also withdraw its plan, but it needs the Minister's approval first. If a plan is withdrawn, some rules will still apply. You can find more information about these rules in the Resource Management Act 1991, specifically in Schedule 3C, which is about alternative intensification provisions for Auckland and Christchurch, as empowered by s 80DA.

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This page was last updated on 28 October 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1497039.

Topics:

Environment and resources > Town planningHousing and property > Land use

Schedule 3B: Policies 3, 4, and 5 of National Policy Statement on Urban Development 2020 (as amended by section 77S(1) of the Act), or

"Rules for how cities in New Zealand should grow and develop"

Schedule 4: Information required in application for resource consent, or

"Information needed when asking to use land or resources"

3CAlternative intensification provisions for Auckland and Christchurch Empowered by s 80DA

1Process for Auckland Council to withdraw Plan Change 78

Auckland Council may withdraw Plan Change 78

2Auckland Council may withdraw Plan Change 78

Auckland Council may withdraw all or part of Plan Change 78 by giving public notice of the withdrawal no later than 10 October 2025.
If Auckland Council withdraws part of Plan Change 78 in accordance with subclause (1), it may withdraw any remaining part of Plan Change 78 by giving public notice of the withdrawal at any later date.
However, Auckland Council may not withdraw any part of Plan Change 78—
that has become operative; or
in relation to which the Minister has notified the Council under clause 105(3) of Schedule 1 of a decision on a recommendation (whether or not the Council has notified that decision under clause 106(1) of Schedule 1).

Auckland Council must set out the reasons for a withdrawal in a public notice.

Notes

Schedule 3C clause 2: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

Consequences if Plan Change 78 withdrawn

3Consequences if Plan Change 78 withdrawn

If Auckland Council withdraws all or part of Plan Change 78 in accordance with clause 2(1), clauses 4 to 6 and 8 to 10 apply from the date of that withdrawal.

Notes

Schedule 3C clause 3: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

4Requirements for Auckland Unitary Plan if Plan Change 78 withdrawn

Auckland Council must amend the Auckland Unitary Plan to—
provide at least the same amount of housing capacity that would have been enabled if Plan Change 78 (as notified) were made operative; and
enable, within at least a walkable catchment of the Maungawhau (Mount Eden), Kingsland, and Morningside Stations,—
1. heights and densities commensurate with the greater of—
  1. demand for housing and business use in those locations; or
  2. the amount of housing and business use that is appropriate given the level of accessibility to commercial activity and community services in those locations; and
2. in all cases, building heights of at least 15 storeys in those locations; and
enable, within at least a walkable catchment of the Baldwin Avenue and Mount Albert Stations,—
1. heights and densities commensurate with the greater of—
  1. demand for housing and business use in those locations; or
  2. the amount of housing and business use that is appropriate given the level of accessibility to commercial activity and community services in those locations; and
2. in all cases, building heights of at least 10 storeys in those locations; and
give effect to policy 3.

However, Auckland Council may amend the Auckland Unitary Plan to enable less development than that required by subclause (1)(b) or policy 3 if authorised to do so by clause 8.

Notes

Schedule 3C clause 4: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

5Auckland housing planning instrument

Auckland Council must, no later than 10 October 2025, notify the responsible Minister in accordance with clause 75A of Schedule 1 for a direction to use the streamlined planning process to prepare an Auckland housing planning instrument.
The Auckland housing planning instrument may also include provisions to address any matter that Auckland Council is satisfied meets at least 1 of the criteria in section 80C(2)(a), (b), (c), (d), (ea), or (f).
Auckland Council must not notify more than 1 Auckland housing planning instrument.
Despite clause 88 of Schedule 1, Auckland Council must not withdraw the Auckland housing planning instrument.
However, Auckland Council may withdraw part of the Auckland housing planning instrument if that part—
relates solely to a matter referred to in subclause (2); and
is not required to comply with clause 4.

An SPP panel making recommendations on the Auckland housing planning instrument must ensure that its recommendations comply with clause 4.
Auckland Council must, when making decisions on the Auckland housing planning instrument, ensure that its decisions comply with clause 4.

Notes

Schedule 3C clause 5: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

6Application of certain provisions if Plan Change 78 withdrawn

From the date that all or part of Plan Change 78 is withdrawn,—
the Council must continue to progress any parts of Plan Change 78 that are not withdrawn; and
clause 25(4A) of Schedule 1 ceases to apply to the Council; and
section 77G ceases to apply to the Council, except in relation to—
1. any parts of Plan Change 78 that are not withdrawn; and
2. any private plan change that was adopted or accepted by the Council (under clause 25 of Schedule 1) before the earliest date that any part (or all) of Plan Change 78 was withdrawn; and
any direction made under sections 80L and 80M that applied to the Council before any part of Plan Change 78 was withdrawn ceases to apply to the Council, except in relation to any parts of Plan Change 78 that are not withdrawn; and
clause 7 applies to the Council, except in relation to—
1. any parts of Plan Change 78 that are not withdrawn; and
2. any private plan change that was adopted or accepted by the Council (under clause 25 of Schedule 1) before the earliest date that any part (or all) of Plan Change 78 was withdrawn.

If section 77G continues to apply in relation to any part of Plan Change 78 or private plan change under subclause (1)(c), then if that relevant part or plan change becomes operative,—
section 77G ceases to apply in relation to the part or plan change; and
clause 7 applies in relation to the operative provisions.

Notes

Schedule 3C clause 6: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

7Alternative requirements to section 77G if Plan Change 78 withdrawn

This clause applies to Auckland Council in accordance with clause 6.
A relevant residential zone of the Auckland Unitary Plan may have the MDRS incorporated into that zone.
In carrying out its functions under this clause, Auckland Council may create new residential zones or amend existing residential zones in the Auckland Unitary Plan.
Auckland Council may include in the Auckland Unitary Plan—
the objectives and policies set out in clause 6 of Schedule 3A:
objectives and policies in addition to those set out in clause 6 of Schedule 3A, including objectives and policies that—
1. provide for matters of discretion to support the MDRS; and
2. link to any incorporated density standards to reflect how the Council has chosen to modify the MDRS.

Auckland Council may incorporate the MDRS into a relevant residential zone irrespective of any inconsistent objective or policy in the regional policy statement provisions of the Auckland Unitary Plan.

Notes

Schedule 3C clause 7: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

8Qualifying matters for Auckland housing planning instrument

Auckland Council may modify the requirements of clause 4(1)(b) and (c) and policy 3 in any zone in an urban environment to be less enabling of development than provided in that clause or policy only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present:
a matter specified in section 77I(a) to (i):
any other matter that makes higher density, as specified by clause 4(1)(b) or (c) or policy 3, inappropriate in an area, but only if subclause (4) is satisfied.

The evaluation report must, in relation to a proposed amendment to accommodate a qualifying matter under subclause (1)(a) or (b),—
demonstrate why Auckland Council considers—
1. that the area is subject to a qualifying matter; and
2. that the qualifying matter is incompatible with the level of development provided by clause 4(1)(b) or (c) or policy 3 for that area; and
assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
assess the costs and broader impacts of imposing those limits.

The requirements set out in subclause (2)(a) apply only in the area for which Auckland Council is proposing to make an allowance for a qualifying matter.
The evaluation report must, in relation to a proposed amendment to accommodate a qualifying matter under subclause (1)(b), also—
identify the specific characteristic that makes the level of development specified by clause 4(1)(b) or (c) or policy 3 inappropriate in the area; and
justify 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
include a site-specific analysis that—
1. identifies the site to which the matter relates; and
2. 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
3. evaluates an appropriate range of options to achieve the greatest heights and densities specified by clause 4(1)(b) or (c) or policy 3 while managing the specific characteristics.

Auckland Council may, when considering existing qualifying matters, instead of undertaking the evaluation process described in subclause (2), do all the following things:
identify by location (for example, by mapping) where an existing qualifying matter applies:
specify the alternative heights or densities (as relevant) proposed for those areas identified under paragraph (a):
identify in the evaluation report why the Council considers that 1 or more existing qualifying matters apply to those areas identified under paragraph (a):
describe in general terms for a typical site in those areas identified under paragraph (a) the level of development that would be prevented by accommodating the qualifying matter, in comparison with the level of development that would have been provided by clause 4(1)(b) or (c) or policy 3:
notify the existing qualifying matters in the Auckland housing planning instrument.

In this clause,—
evaluation report means the evaluation report required under section 32
existing qualifying matter means a qualifying matter referred to in subclause (1)(a) that is operative in the Auckland Unitary Plan when the Auckland housing planning instrument is notified.

Notes

Schedule 3C clause 8: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

9Withdrawal when recommendations for Plan Change 78 are before Minister

This clause applies if Auckland Council withdraws any part of Plan Change 78 that relates to 1 or more recommendations that—
the Council has referred to the Minister under clause 101(2) of Schedule 1; but
the Minister has not yet decided under clause 105(1) of Schedule 1.

Auckland Council—
must advise the Minister of the affected recommendations; and
may amend any alternative recommendation that has been referred under clause 101(1)(b) of Schedule 1 to reflect the withdrawal.

Clause 101(3) and (4) of Schedule 1 applies to any alternative recommendation, except that Auckland Council may also consider the impact of the withdrawal.
The Minister is not required to decide a recommendation under clause 105(1) of Schedule 1 to the extent that it relates to a part of Plan Change 78 that has been withdrawn.

Notes

Schedule 3C clause 9: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

10Variation of Auckland housing planning instrument

Auckland Council may prepare a variation to the Auckland housing planning instrument if the Minister amends, in accordance with clause 80 of Schedule 1, the direction to enable a variation.
Clauses 16A and 16B of Schedule 1 apply to a variation with any necessary modifications, as if the reference in clause 16A(1) to any time before the approval of the policy statement or plan were a reference to any time before Auckland Council notifies a decision on a recommendation of the SPP panel in accordance with clause 86(5) of Schedule 1.
Auckland Council must submit any variation to the SPP panel as soon as reasonably practicable after it is notified.
In this clause, direction means the Minister’s direction to Auckland Council (under clause 78 of Schedule 1) to use the streamlined planning process to prepare an Auckland housing planning instrument.

Notes

Schedule 3C clause 10: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

2Process for Christchurch City Council to withdraw Plan Change 14

11Minister may approve withdrawal of Plan Change 14

Christchurch City Council may request the Minister to approve the withdrawal of Plan Change 14.
The Minister may approve a request to withdraw if satisfied that the operative Christchurch district plan meets the key requirement.
The key requirement is that the Christchurch district plan has enough feasible housing capacity to meet 30 years of adjusted demand.
A request for approval to withdraw—
must provide evidence to demonstrate that the operative Christchurch district plan satisfies the key requirement; but
is not required to specify whether Christchurch City Council intends to withdraw all or only part of Plan Change 14.

If the Minister approves a request, the Minister must notify Christchurch City Council in writing.
If the Minister declines a request, the Minister must notify Christchurch City Council in writing and give reasons.
In this clause,—
30 years of adjusted demand means—
1. the expected demand for housing in Christchurch over a 30-year period, based on—
  1. the most recent high-growth household growth projections for Christchurch City published by Statistics New Zealand; and
  2. any reasonable extrapolations necessary to reflect a 30-year period; and
2. an additional 20% of demand, over and above the expected demand described in paragraph (a)
feasible means,—
1. for the short and medium term, commercially viable for a developer based on the current relationship between costs and revenue; and
2. for the long term, commercially viable for a developer based on the current relationship between costs and revenue or on any reasonable adjustment to that relationship
long term means between 10 and 30 years
short and medium term means within the next 10 years.

Notes

Schedule 3C clause 11: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

12Christchurch City Council may withdraw Plan Change 14 if Minister approves

If the Minister approves the withdrawal of Plan Change 14 under clause 11, from the date of that approval, Christchurch City Council—
may withdraw all or part of Plan Change 14; and
may withdraw different parts of Plan Change 14 at different times.

However, Christchurch City Council may not withdraw any part of Plan Change 14—
that has become operative; or
in relation to which the Minister has notified the Council under clause 105(3) of Schedule 1 of a decision on a recommendation (whether or not the Council has notified that decision under clause 106(1) of Schedule 1).

Christchurch City Council must give public notice of any withdrawal, including the reasons for the withdrawal.

Notes

Schedule 3C clause 12: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

13Consequences if Plan Change 14 withdrawn

From the date that all or part of Plan Change 14 is withdrawn,—
Christchurch City Council must continue to progress any parts of Plan Change 14 that are not withdrawn; and
clause 25(4A) of Schedule 1 ceases to apply to the Council; and
section 77G ceases to apply to the Council, except in relation to—
1. any parts of Plan Change 14 that are not withdrawn; and
2. any private plan change that was adopted or accepted by the Council (under clause 25 of Schedule 1) before the earliest date that any part (or all) of Plan Change 14 was withdrawn; and
any direction made under sections 80L and 80M that applied to the Council before any part of Plan Change 14 was withdrawn ceases to apply to the Council, except in relation to any parts of Plan Change 14 that are not withdrawn; and
clause 14 applies to the Council, except in relation to—
1. any parts of Plan Change 14 that are not withdrawn; and
2. any private plan change that was adopted or accepted by the Council (under clause 25 of Schedule 1) before part of Plan Change 14 was withdrawn.

If section 77G continues to apply in relation to any part of Plan Change 14 or private plan change under subclause (1)(c), then, if that relevant part or plan change becomes operative,—
section 77G ceases to apply in relation to the part or plan change; and
clause 14 applies in relation to the operative provisions.

Notes

Schedule 3C clause 13: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

14Alternative requirements to section 77G if Plan Change 14 withdrawn

This clause applies to Christchurch City Council in accordance with clause 13.
A relevant residential zone of the Christchurch district plan may have the MDRS incorporated into that zone.
Every residential zone in an urban environment in the Christchurch district plan must give effect to policy 3 in that zone.
In carrying out its functions under this section, Christchurch City Council may create new residential zones or amend existing residential zones in the Christchurch district plan.
Christchurch City Council may include in the Christchurch district plan—
the objectives and policies set out in clause 6 of Schedule 3A:
objectives and policies in addition to those set out in clause 6 of Schedule 3A, including objectives and policies that—
1. provide for matters of discretion to support the MDRS; and
2. link to any incorporated density standards to reflect how the Council has chosen to modify the MDRS.

Christchurch City Council may make the requirements in policy 3 less enabling of development than provided for by policy 3 if authorised to do so under section 77I.
Christchurch City Council may incorporate the MDRS into a relevant residential zone irrespective of any inconsistent objective or policy in a regional policy statement.

Notes

Schedule 3C clause 14: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

15Withdrawal if recommendations for Plan Change 14 are before Minister

This clause applies if Christchurch City Council withdraws any part of Plan Change 14 that relates to 1 or more recommendations that—
the Council has referred to the Minister under clause 101(2) of Schedule 1; but
the Minister has not yet decided under clause 105(1) of Schedule 1.

Christchurch City Council—
must advise the Minister of the affected recommendations; and
may amend any alternative recommendation that has been referred under clause 101(1)(b) of Schedule 1 to reflect the withdrawal.

Clause 101(3) and (4) of Schedule 1 applies to any alternative recommendation, except that Christchurch City Council may also consider the impact of the withdrawal.
The Minister is not required to decide a recommendation under clause 105(1) of Schedule 1 to the extent that it relates to a part of Plan Change 14 that has been withdrawn.

Notes

Schedule 3C clause 15: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

1Interpretation

In this schedule, unless the context otherwise requires,—
Auckland housing planning instrument means a change to the Auckland Unitary Plan—
1. to comply with clause 4; and
2. that may include provisions of a kind permitted under clause 5(2)
Auckland Unitary Plan means the Auckland combined plan as that term is defined in section 116(1) of the Local Government (Auckland Transitional Provisions) Act 2010
community services means—
1. community facilities; and
2. educational facilities; and
3. those commercial activities that service the needs of the community
housing capacity, in relation to the Auckland Unitary Plan or Christchurch district plan, means the housing that the plan enables as a permitted activity, controlled activity, or restricted discretionary activity
listed planning instrument has the meaning given in section 80B
Maungawhau (Mount Eden) Station, Kingsland Station, Morningside Station, Baldwin Avenue Station, and Mount Albert Station mean the railway stations at those places on the North Auckland Line
Plan Change 14 means the intensification planning instrument for Christchurch City Council notified on 17 March 2023
Plan Change 78 means the intensification planning instrument for Auckland Council notified on 18 August 2022
SPP panel has the meaning given in section 80B
urban environment has the meaning given in section 77F.

Notes

Schedule 3C clause 1: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).