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Resource Management Act 1991

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

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

You could also call this:

"How new housing rules affect your resource consent application"

Illustration for Resource Management Act 1991

When you apply for a resource consent, the council considers your application. If a territorial authority has incorporated the Medium Density Residential Standards (MDRS) into its district plan, the council must consider the MDRS when looking at your application. The council will use the objectives and policies in the MDRS to decide on your application. If you have already applied for a resource consent, this section may not apply to you. The council will look at the rules in the district plan and the MDRS when deciding on your application. The MDRS only apply if they have been notified in the relevant Integrated Planning Instrument (IPI). If the Minister of Education has a designation for a piece of land, you can use the rules in the relevant residential zone if they are more lenient. The council will not consider any objectives or policies that are inconsistent with the MDRS. This section does not change how some other parts of the law work. The MDRS do not apply to your application until they have been notified in the IPI. You can find more information about the MDRS in Part 2 of Schedule 3A and clause 6 of Schedule 3A. The council will use these rules to decide on your application.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS633830.

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Environment and resources > Town planningHousing and property > Land use
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77N: Duty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones, or

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

77MEffect 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)—

  2. for an activity to which the MDRS are proposed to apply in an area in a relevant residential zone; and
    1. 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), as applicable.

      1. 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:

      2. 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
        1. the objectives and policies set out in clause 6 of Schedule 3A and proposed in the IPI to be included in the district plan in accordance with section 77G(5)(a) apply in determining that new application.

          1. Subsection (2)(a) applies to the extent that the provisions referred to are inconsistent with the objectives and policies—

          2. set out in clause 6 of Schedule 3A; and
            1. proposed in the IPI to be included in the district plan in accordance with section 77G(5)(a).

              1. This section does not apply in relation to any area or site that—

              2. is a qualifying matter area (within the meaning of section 86BA(7)); or
                1. is in a new residential zone notified in the IPI.

                  1. Subsection (6) applies if a designation for which the Minister of Education is the requiring authority—

                  2. is included in the specified territorial authority’s district plan; and
                    1. the designation applies to land that—
                      1. is in a relevant residential zone; or
                        1. adjoins a relevant residential zone.

                        2. Works undertaken under a designation of the kind referred to in subsection (5) may rely on the provisions of the relevant residential zone that incorporate the density standards in Part 2 of Schedule 3A if those provisions are more lenient than conditions included in the designation.

                        3. 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 as notified in the IPI.

                        4. This section does not affect the operation of subpart 7 of Part 5.

                        5. 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.

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