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Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - Intensification requirements in residential zones

77L: Further requirement about application of section 77I(j)

You could also call this:

“Extra rules for deciding if special reasons can stop more houses being built in an area”

For an area to be considered a qualifying matter under section 77I(j), the evaluation report mentioned in section 32 must do three things:

First, it needs to point out the specific characteristic that makes the level of development allowed by the MDRS (as outlined in Schedule 3A or policy 3) not suitable for that area.

Second, it must explain why this characteristic makes that level of development inappropriate, considering how important urban development is nationally and what the NPS-UD aims to achieve.

Third, it has to include a detailed analysis of the specific site. This analysis needs to identify the exact site affected, evaluate the specific characteristic for that site to figure out where intensification needs to be compatible with it, and look at different options to get the most height and density allowed by the MDRS or policy 3 while still managing the specific characteristics.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS633827.

Topics:
Environment and resources > Town planning
Housing and property > Land use
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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”

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77M: Effect of incorporation of MDRS in district plan on new applications for resource consents and on some existing designations, or

“ New rules for building houses apply when you ask to build, even if old rules are still in place ”

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

77LFurther requirement about application of section 77I(j)

  1. A matter is not a qualifying matter under section 77I(j) in relation to an area unless the evaluation report referred to in section 32 also—

  2. identifies the specific characteristic that makes the level of development provided by the MDRS (as specified in Schedule 3A or as provided for by policy 3) inappropriate in the area; and
    1. 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
      1. includes a site-specific analysis that—
        1. identifies the site to which the matter relates; and
          1. 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
            1. evaluates an appropriate range of options to achieve the greatest heights and densities permitted by the MDRS (as specified in Schedule 3A) or as provided for by policy 3 while managing the specific characteristics.

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