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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”
You could also call this:

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

When a specified territorial authority wants to change its district plan to include a qualifying matter, they need to follow certain rules. These rules are explained in section 77N.

The territorial authority must write an evaluation report. This report needs to include all the information required by section 32, plus some extra details about the qualifying matter.

In the report, the territorial authority must explain why they think a certain area is affected by a qualifying matter. They also need to show why this qualifying matter doesn’t work well with the level of development that policy 3 suggests for that area.

The report must also look at how limiting development capacity, building height, or density will affect the provision of development capacity. This means they need to think about how these limits might change the number of houses or buildings that can be built.

Lastly, the evaluation report needs to assess the costs and other impacts of putting these limits in place. This helps everyone understand what might happen if the changes are made.

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Next up: 77Q: Alternative process for existing qualifying matters

or “A simpler way for towns to decide where special rules apply and what buildings can be built there”
Next

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

77PRequirements governing application of section 77O

  1. This section applies if a specified territorial authority is amending its district plan (as required by section 77N) and proposes to accommodate a qualifying matter.

  2. The evaluation report from the specified territorial authority referred to in section 32 must, in addition to the matters in that section, consider the matters in subsection (3).

  3. The evaluation report must, in relation to the proposed amendment to accommodate a qualifying matter,—

  4. in the area for which the territorial authority is proposing to make an allowance for a qualifying matter, demonstrate why the territorial authority considers—
    1. that the area is subject to a qualifying matter; and
      1. that the qualifying matter is incompatible with the level of development provided for by policy 3 for that area; and
      2. assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
        1. assess the costs and broader impacts of imposing those limits.

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