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Resource Management Act 1991

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

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

You could also call this:

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

You need to know more about how section 77O(j) is used. This part explains what else is needed for something to count as a ‘qualifying matter’ under that section.

When people are checking if something is a qualifying matter, they need to write a report. This report must do a few important things:

First, it needs to point out exactly what makes it hard to build as much as policy 3 says you should. It’s not enough to just say it’s difficult; you need to say why.

Next, you have to explain why building that much wouldn’t work well. You need to think about how important it is to build more homes in cities, and what the big plan for urban development (called the NPS-UD) is trying to do.

Lastly, you need to look closely at the specific place you’re talking about. You should:

  • Say exactly where this place is.
  • Look at what makes this place special and figure out how big an area needs to be careful about building too much.
  • Think about different ways you could build as much as possible, while still being careful about what makes this place special.

By doing all of this, you’re making sure that you’re not just saying “no” to building more, but really thinking about how to make it work in the best way possible.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS633976.

Topics:
Environment and resources > Conservation
Environment and resources > Town planning
Housing and property > Land use
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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”

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77S: Amendment of NPS-UD, or

“Changes to rules about building heights and houses in cities”

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

77RFurther requirements about application of section 77O(j)

  1. A matter is not a qualifying matter under section 77O(j) in relation to an area unless the evaluation report referred to in section 32 also—

  2. identifies the specific characteristic that makes the level of urban development required within the relevant paragraph of policy 3 inappropriate; and
    1. justifies why that characteristic makes that level of urban development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and
      1. includes a site-specific analysis that—
        1. identifies the site to which the matter relates; and
          1. evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and
            1. evaluates an appropriate range of options to achieve the greatest heights and densities provided for by policy 3 while managing the specific characteristics.

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