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77I: Qualifying matters in applying medium density residential standards and policy 3 to relevant residential zones
or “Special reasons why councils can limit building heights and density in some areas”
You could also call this:

“The law says you need to explain why you're changing the rules for building houses in your area”

When you’re changing your district plan, you need to write a special report. This report must explain some important things:

You need to show why some areas can’t have as many houses or tall buildings as other areas. You have to explain why these areas are special and why they can’t have the same rules as other places.

You also need to think about what will happen if you don’t allow as many houses or tall buildings in these areas. How will this affect the number of homes that can be built? What other effects might it have?

Your report needs to describe how your district plan allows for the same or more houses to be built compared to the standard rules. You should explain any changes you’ve made to these rules and why you made them.

You have to be clear about any special areas in your district plan, like areas with different rules or controls. This includes areas that are already in your plan and any new areas you want to add.

Remember, you only need to explain these things for the areas where you’re making special rules. You can also change how you write this report if you need to, to make sure it shows how you’re meeting the goals for building more houses.

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Next up: 77K: Alternative process for existing qualifying matters

or “A simpler way for cities to keep special rules in some areas when making housing easier to build”
Next

Part 5 Standards, policy statements, and plans
Local authority policy statements and plans: Intensification requirements in residential zones

77JRequirements 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,—

  4. demonstrate why the territorial authority considers—
    1. that the area is subject to a qualifying matter; and
      1. that the qualifying matter is incompatible with the level of development permitted by the MDRS (as specified in Schedule 3A) or as provided for by policy 3 for that area; and
      2. assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
        1. assess the costs and broader impacts of imposing those limits.

          1. The evaluation report must include, in relation to the provisions implementing the MDRS,—

          2. a description of how the provisions of the district plan allow the same or a greater level of development than the MDRS:
            1. 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—
              1. any operative district plan spatial layers; and
                1. any new spatial layers proposed for the district plan.

                2. The requirements set out in subsection (3)(a) apply only in the area for which the territorial authority is proposing to make an allowance for a qualifying matter.

                3. The evaluation report may for the purposes of subsection (4) describe any modifications to the requirements of section 32 necessary to achieve the development objectives of the MDRS.

                Notes
                • Section 77J: inserted, on , by section 9 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).