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77N: Duty of specified territorial authorities to give effect to policy 3 or policy 5 in non-residential zones
or “Local councils must change their rules to allow more building in business areas”
You could also call this:

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

You can change how much development is allowed in an area that isn’t for housing if there’s a good reason. These reasons are called ‘qualifying matters’. Here are the things that count as qualifying matters:

Things that are really important for the country, which are listed in section 6 of the law.

Things that are needed to follow rules set by the government for the whole country, except for the rules about urban development.

Things that are needed to follow the plan for the Waikato River.

Things that are needed to follow the laws about the Hauraki Gulf Marine Park or the Waitakere Ranges.

Things that are needed to make sure important national buildings or systems work safely and well.

Open spaces that the public can use, but only for the land that is actually open space.

Things that are needed to follow rules about special areas or historic places, but only for the land that those rules apply to.

Things that are needed to follow rules about how Māori can take part in decisions.

Making sure there’s enough land for businesses that need a lot of space.

Any other reason that makes it not good to have lots of development in an area, but only if it follows the rules in section 77R.

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Next up: 77P: Requirements governing application of section 77O

or “Rules for considering special cases when changing plans for more housing in non-residential areas”
Next

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

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:
    1. 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:
      1. a matter required to give effect to Te Ture Whaimana o Te Awa o Waikato—the Vision and Strategy for the Waikato River:
        1. a matter required to give effect to the Hauraki Gulf Marine Park Act 2000 or the Waitakere Ranges Heritage Area Act 2008:
          1. a matter required for the purpose of ensuring the safe or efficient operation of nationally significant infrastructure:
            1. open space provided for public use, but only in relation to land that is open space:
              1. 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:
                1. a matter necessary to implement, or to ensure consistency with, iwi participation legislation:
                  1. the requirement in the NPS-UD to provide sufficient business land suitable for low density uses to meet expected demand:
                    1. 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 , by section 9 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).