77OQualifying matters in application of intensification policies to urban non-residential areas

1. A specified territorial authority may modify the requirements of policy 3 in an urban non-residential zone to be less enabling of development than provided in those policies only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present:

2. a matter of national importance that decision makers are required to recognise and provide for under section 6:
3. a matter required in order to give effect to a national policy statement (other than the NPS-UD) or the New Zealand Coastal Policy Statement 2010:
4. a matter required to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River:
5. a matter required to give effect to the Hauraki Gulf Marine Park Act 2000 or the Waitakere Ranges Heritage Area Act 2008:
6. a matter required for the purpose of ensuring the safe or efficient operation of nationally significant infrastructure:
7. open space provided for public use, but only in relation to land that is open space:
8. the need to give effect to a designation or heritage order, but only in relation to land that is subject to the designation or heritage order:
9. a matter necessary to implement, or to ensure consistency with, iwi participation legislation:
10. the requirement in the NPS-UD to provide sufficient business land suitable for low density uses to meet expected demand:
11. any other matter that makes higher density development as provided for by policy 3, as the case requires, inappropriate in an area, but only if section 77R is satisfied.

Notes

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