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Resource Management Act 1991

Standards, policy statements, and plans - Intensification planning instruments and intensification streamlined planning process - Tier 2 territorial authorities

80I: Regulations requiring tier 2 territorial authority to change district plan

You could also call this:

“Rules that tell certain local councils to update their building plans to help with housing shortages”

You can learn about rules for changing district plans in certain areas of New Zealand. The Governor-General can make regulations that tell some local councils to prepare and notify a change to their district plan. This change is called an IPI.

If the Governor-General makes these regulations after 21 March 2022, they must say when the local council has to notify the IPI.

Before the Minister can recommend making these regulations, they need to do two things. First, they must talk to the Minister of Housing and the Minister for Māori Crown Relations. Second, they must be sure that the area is having big problems with housing.

To decide if an area has big housing problems, the Minister must look at how much houses cost compared to how much money people earn. They can also look at other information that shows there’s a big need for housing.

When the regulations are made, they become a type of law called secondary legislation. You can find out more about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS634099.

Topics:

Housing and property > Land use

Housing and property > Renting

Government and voting > Local councils

Environment and resources > Town planning

80H: IPI must show how MDRS are incorporated, or

“The planning document must clearly show which rules are being changed to allow for more housing.”

80J: Tier 3 territorial authority may request regulations requiring territorial authority to change district plan, or

“A smaller city can ask the government to make them change their building rules to help with housing problems.”

Part 5 Standards, policy statements, and plans
Intensification planning instruments and intensification streamlined planning process: Tier 2 territorial authorities

80IRegulations requiring tier 2 territorial authority to change district plan

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations requiring a tier 2 territorial authority to prepare and notify an IPI.
An Order in Council made under subsection (1) on or after 21 March 2022 must specify the date by which the tier 2 territorial authority must notify the IPI.
Before recommending the making of regulations under subsection (1), the Minister must—
consult the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti; and
be satisfied that the district of the relevant tier 2 territorial authority is experiencing an acute housing need.

The Minister, in determining whether a district is experiencing an acute housing need,—
must have regard to the median multiple in that district (that is, the median house price divided by the median gross annual household income); and
may have regard to any other information indicating that there is an acute housing need in the district.

Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes

Section 80I: inserted, on 21 December 2021, by section 10 of the Resource Management (Enabling Housing Supply and Other Matters) Amendment Act 2021 (2021 No 59).