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Resource Management Act 1991

Standards, policy statements, and plans - Intensification planning instruments and intensification streamlined planning process - Tier 3 territorial authorities

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

You could also call this:

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

If you live in a tier 3 area, your local council can ask the Minister to make special rules about changing the district plan. This is called an IPI.

The Minister can say yes or no to this request. Before deciding, the Minister must talk to the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti. The Minister also needs to check if your area really needs more houses.

To decide if your area needs more houses, the Minister looks at how much houses cost compared to how much money people make. The Minister might also look at other information that shows there’s a big need for houses in your area.

If the Minister says yes, they can make rules that tell your council to change the district plan to help build more houses.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS634104.

Topics:

Housing and property > Land use

Government and voting > Local councils

Environment and resources > Town planning

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

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

80K: Regulations requiring tier 3 territorial authority to change district plan, or

“Rules can be made to tell certain councils they must change their plans for building houses.”

Part 5 Standards, policy statements, and plans
Intensification planning instruments and intensification streamlined planning process: Tier 3 territorial authorities

80JTier 3 territorial authority may request regulations requiring territorial authority to change district plan

A tier 3 territorial authority may request the Minister to recommend the making of regulations under section 80K(1) requiring that territorial authority to prepare and notify an IPI.
The Minister may approve or decline the request.
Before approving or declining the request, the Minister must—
consult the Minister of Housing and the Minister for Māori Crown Relations—Te Arawhiti; and
determine whether the district of the relevant tier 3 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.

Notes

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