Plain language law

New Zealand law explained for everyone

Resource Management Act 1991

Standards, policy statements, and plans - Local authority policy statements and plans - 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

You could also call this:

“Local councils must change their rules to allow more building in business areas”

When you’re in charge of a specific area, you need to make changes to your district plan to follow policy 3 or policy 5. You must do this using a special process called an IPI and the ISPP. This is to meet your duties under section 80F.

When you’re making these changes, you need to make sure that the rules in your district plan for each urban non-residential zone in your area follow what policy 3 or policy 5 says.

While you’re doing this, you can create new urban non-residential zones or change existing ones. You might also be allowed to make the rules in policy 3 less open to development, but only if section 77O says you can.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS633838.

Topics:

Housing and property > Land use

Government and voting > Local councils

Environment and resources > Town planning

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 ”

77O: Qualifying matters in application of intensification policies to urban non-residential areas, or

“Special reasons why cities can limit building in non-residential areas”

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

77NDuty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones

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, a specified territorial authority must use an IPI and the ISPP.
In carrying out its functions under subsection (1), the territorial authority must ensure that the provisions in its district plan for each urban non-residential zone within the authority’s urban environment give effect to the changes required by policy 3 or policy 5, as the case requires.
In carrying out its functions under subsection (1), a specified territorial authority—
may create new urban non-residential zones or amend existing urban non-residential zones:
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.

Notes

Section 77N: inserted, on 21 December 2021, by section 9 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).