Plain language law

New Zealand law explained for everyone

 Plain Language Law homepage
Back to
77P: Requirements governing application of section 77O
or “Rules for considering special cases when changing plans for more housing in non-residential areas”
You could also call this:

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

When you’re looking at existing qualifying matters, you can follow a different process instead of the one described in section 77P. Here’s what you need to do:

You need to show on a map where the existing qualifying matter applies. Then, you should specify what alternative density standards you want for those areas. In a report, you need to explain why you think the existing qualifying matters apply to those areas.

You also need to describe, in general terms, how much development would be stopped by keeping the qualifying matter. You should compare this to how much development would have been allowed by policy 3. Finally, you need to tell everyone about these existing qualifying matters in the IPI.

It’s important to know that when you include existing qualifying matters in the IPI, they don’t start working right away when you announce the IPI. However, they keep working as part of the current plan that’s already in use.

In this section, an existing qualifying matter is something mentioned in section 77O(a) to (i) that’s already working in your district plan when you announce the IPI.

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 It might be out of date or be missing some parts.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

Next up: 77R: Further requirements about application of section 77O(j)

or “Extra rules for deciding if something special needs protection from more houses and buildings”
Next

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

77QAlternative process for existing qualifying matters

  1. A specified territorial authority may, when considering existing qualifying matters, instead of undertaking the evaluation process described in section 77P, do all the following things:

  2. identify by location (for example, by mapping) where an existing qualifying matter applies:
    1. specify the alternative density standards proposed for the area or areas identified under paragraph (a):
      1. identify in the report prepared under section 32 why the territorial authority considers that 1 or more existing qualifying matters apply to the area or areas identified under paragraph (a):
        1. describe in general terms for typical sites in those areas identified under paragraph (a) the level of development that would be prevented by accommodating the qualifying matter, in comparison with the level of development that would have been enabled by policy 3:
          1. notify the existing qualifying matters in the IPI.

            1. To avoid doubt, existing qualifying matters included in the IPI—

            2. do not have immediate legal effect on notification of the IPI; but
              1. continue to have effect as part of the operative plan.

                1. In this section, an existing qualifying matter is a qualifying matter referred to in section 77O(a) to (i) that is operative in the relevant district plan when the IPI is notified.

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