Sections 16 and 17 are repealed on the close of 16 September 2019.

The rest of this Act is repealed on the close of 16 September 2021.

The purpose of this Act is to enhance housing affordability by facilitating an increase in land and housing supply in certain regions or districts, listed in Schedule 1, identified as having housing supply and affordability issues.

The general scheme and effect of this Act are set out in the following subsections.

Subpart 1 of this Part deals with preliminary matters, including specifying the purpose of this Act, repealing certain of its provisions after 3 years, interpretation, and providing for the power to amend Schedule 1.

Subpart 2 of this Part deals with—

Part 2 deals with resource consents and plan changes and variations to proposed plans in relation to qualifying developments in special housing areas, including—

Schedule 1 lists the regions and districts identified as having housing supply and affordability issues.

Schedule 3 contains transitional provisions. These set out the arrangements that apply if a special housing area is disestablished or a housing accord is terminated. They also include a power to make regulations prescribing transitional provisions that apply as well as, or instead of, the provisions set out in the schedule.

This section is a guide only to the general scheme and effect of this Act and does not limit or affect the other provisions of the Act.

In this Act, unless the context otherwise requires,—

Every reference in this Act to the Resource Management Act 1991 or to regulations made under that Act must be read as a reference to that Act or the regulations made under that Act as in force on 4 September 2013, unless otherwise provided in regulations made under section 91.

Unless the context requires another meaning, terms and expressions used and not defined in this Act, but defined in the Resource Management Act 1991, have the same meaning as in that Act (including, without limitation, consent authority, designation, infrastructure, local authority, plan, public notice, requiring authority, resource consent, subdivision consent, and survey plan).

This Act binds the Crown.

Schedule 3 contains application, savings, and transitional provisions that affect this Act’s other provisions as from time to time amended, repealed, and replaced (see section 92).

The Governor-General may, by Order in Council made on the recommendation of the Minister, amend Schedule 1 by inserting or deleting the name of any region or district.

Before making a recommendation to insert the name of a region or district in Schedule 1, the Minister must be satisfied that the region or district is experiencing significant housing supply and affordability issues.

The Minister, in determining whether a region or district is experiencing significant housing supply and affordability issues,—

The Minister must not make a recommendation to delete the name of a region or district from Schedule 1 unless the Minister is satisfied that the region or district is no longer experiencing significant housing supply and affordability issues.

In determining whether a region or district is no longer experiencing significant housing supply and affordability issues, the Minister must have regard to the matters in subsection (3)(a) and (b) and may have regard to the matter in subsection (3)(c).

The Minister and a territorial authority whose district is within a scheduled region or district may enter into an agreement to work together to address housing supply and affordability issues in the district of the territorial authority (a housing accord).

A housing accord—

Either the Minister or a territorial authority whose district is within a scheduled region or district may initiate the negotiation of a housing accord.

However, the Minister has no obligation to enter into a housing accord with a territorial authority whose district is within a scheduled region or district.

While a housing accord is in force, the territorial authority that is a party to that housing accord is an accord territorial authority.

A housing accord must—

A housing accord may—

The chief executive must ensure that every housing accord that the Minister enters into is published on the Ministry’s Internet site.

Every accord territorial authority must—

Before a housing accord may be terminated, the party intending to terminate the accord must give not less than 3 months’ public notice of the intention to terminate the housing accord on a specified date.

The party intending to terminate the accord must, before publishing a notice under subsection (1), consult the other party about the proposed termination date to be specified in the notice for the purpose of ensuring that the date will enable the parties to achieve an orderly transition to the regime applying after the termination.

The chief executive and the accord territorial authority must each ensure that the notice is published on the relevant Internet site referred to in section 12.

If this section is inconsistent with any provision in a housing accord, this section prevails.

In this Act, a qualifying development in a special housing area is a development—

For the purposes of subsection (1), a development is predominantly residential if—

In this section, prescribed,—

The Governor-General may, by Order in Council made on the recommendation of the Minister, prescribe 1 or more of the following as default criteria that apply for qualifying developments in special housing areas if the Order in Council declaring a special housing area does not prescribe those criteria for the special housing area as provided for in subsection (2):

The Governor-General may, on the recommendation of the Minister, prescribe 1 or more of the criteria referred to in subsections (1) and (3) that apply for qualifying developments in a special housing area or part of a special housing area—

For the purposes of subsection (2), one of the criteria that may be prescribed is the percentage of dwellings that must be affordable dwellings, according to the affordability criteria specified in the Order in Council for the special housing area or part of the special housing area.

The affordability criteria that may be specified are not limited by section 9(3)(a) but may include, without limitation, criteria defined by reference to median house prices, median household income, individual income, the median multiple (as referred to in section 9(3)(a)(ii)) or any other matter relevant to affordability as it applies to the district in which the special housing area falls, the special housing area, or part of the special housing area.

Subsection (2) is subject to subsections (6) and (7).

If no default criterion for the minimum number of dwellings to be built is prescribed under subsection (1)(c), the Minister must recommend that the Order in Council declaring the special housing area prescribes that criterion for qualifying developments in the special housing area.

If the special housing area or part of the special housing area is in the district of an accord territorial authority, the Minister may only make a recommendation for the purposes of subsection (2) that is in accordance with a recommendation of the accord territorial authority.

Criteria prescribed in an Order in Council under subsection (2) may (without limitation) be prescribed by reference to the provisions of the relevant plan or proposed plan.

A special housing area is disestablished,—

However, the Governor-General may, by Order in Council made on the recommendation of the Minister (a disestablishment order), disestablish a special housing area before it is disestablished by subsection (1).

The Minister must recommend the making of a disestablishment order for a special housing area if—

The Minister may recommend the making of a disestablishment order for a special housing area if—

Before recommending the making of a disestablishment order, the Minister must give public notice of the intention to disestablish the special housing area.

The notice must be given not less than 3 months before the date on which the disestablishment is proposed to occur.

The Minister must not recommend the making of a disestablishment order except under subsection (3) or (4).

This section applies in relation to a special housing area if—

The Governor-General may, by Order in Council made on the recommendation of the Minister (an area reduction order), amend the Order in Council that established the special housing area to change the boundaries of the area so that some or all of the land referred to in subsection (1)(c) is excised from the special housing area.

The Minister may recommend the making of an area reduction order only if the Minister is satisfied that it is appropriate to do so having regard to the purpose of this Act.

Section 16(2), (3), and (4A) to (6) applies to an area reduction order as if the references in those subsections to the proposed special housing area were references to the area that will remain in the special housing area after the area reduction order is made.

Section 16(4) does not apply to an area reduction order.

This Part applies to qualifying developments in special housing areas and infrastructure relating to those developments.

In this Part, unless the context otherwise requires, a reference to a qualifying development includes infrastructure relating to the development.

A person who wishes to undertake an activity in relation to a qualifying development for which a resource consent is required under the Resource Management Act 1991 may apply for a resource consent—

A person may also make an application for a resource consent in respect of a qualifying development under section 25 of this Act where that application could not be made under the Resource Management Act 1991 because of the application of section 87A(6) of that Act (see section 25(2) to (4)).

A person who wishes to undertake an activity in relation to a qualifying development may, if the activity could lawfully be done in the particular location without a resource consent, request a certificate of compliance—

This Part provides for applications for resource consents that relate to qualifying developments in special housing areas. It also provides for requests for certain plan changes and variations to proposed plans associated with resource consent applications to be made where a special housing area is within the district of an accord territorial authority. This Part has 6 subparts, which are outlined in the following subsections.

Subpart 1 deals with preliminary matters, including—

Subpart 2—

Subpart 3—

Subpart 4 applies other provisions of the Resource Management Act 1991 in respect of applications and requests under subparts 2 and 3.

Subpart 5 deals with rights of appeal and objection in relation to decisions of an authorised agency, procedures for appeals and objections, and matters relating to hearings and decisions on appeals and objections.

Subpart 6 contains miscellaneous provisions. These include provisions for the chief executive to delegate the chief executive’s functions and powers under this Part, provisions for an accord territorial authority or a regional council to delegate its functions and powers under this Part, and a provision applying the transitional provisions set out in Schedule 3 for the purposes of the Act.

This section is a guide only to the scheme and effect of this Part and does not limit or affect the other provisions of the Act.

The Resource Management Act 1991 does not apply to an application, request, decision, or any other matter under this Part, except to the extent that—

Where provisions in this Part expressly apply provisions of the Resource Management Act 1991 that refer to regulations made under that Act, the regulations referred to also apply, except to the extent provided in regulations made under section 91 of this Act.

This Part also affects the application of provisions of the Local Government (Auckland Transitional Provisions) Act 2010 (see section 60).

The functions and powers in this Part may be performed or exercised only by the relevant agency authorised in this section (the authorised agency).

The authorised agency in relation to a qualifying development in a special housing area is,—

Subsections (1) and (2) are subject to subsection (4), section 33 (joint hearings by 2 or more authorised agencies), and Schedule 3 (transitional provisions).

The authorised agency in relation to an application for a resource consent under subpart 2 of this Part is the regional council if—

The table in Schedule 2 provides for time periods that are to be excluded from the calculation of time limits relating to resource consent applications, specified in subpart 2, and requests for plan changes and variations to proposed plans, specified in subpart 3.

A person may apply to the relevant authorised agency for a resource consent that relates to a qualifying development in a special housing area, including a resource consent referred to in subsection (2).

A person may apply under this section for a resource consent for—

Subsection (2)(b), (c), and (d) is subject to section 26(3) and (5).

The authorised agency, when determining an application for a resource consent referred to in the first column of the following table, must treat the activity in the manner set out against that reference in the second column of the table:

If the authorised agency is an accord territorial authority, the authorised agency may, within 10 working days after a resource consent application is lodged, require an applicant for a resource consent referred to in—

If the authorised agency decides to make a requirement under subsection (1), the authorised agency must immediately return any affected resource consent application to the applicant, with a written notice of the requirement.

If the person wishes to proceed with a concurrent application, the applicant must—

If an application has been returned in accordance with subsection (2) and the applicant decides to proceed with a concurrent application, the resource consent application lodged in accordance with subsection (3)(b) and (c) must be treated as a new application.

Nothing in this section prevents a person who wishes to apply for a resource consent referred to in section 25(2)(b), (c), or (d) from lodging a concurrent application of the person’s own volition (in which case, the provisions of this Act concerning concurrent applications apply (see section 61)).

Sections 88(2) to (5) and 88A of the Resource Management Act 1991 apply in respect of an application for a resource consent made under this Act—

The following provisions apply, in addition to the provisions referred to in subsection (1), if the application for a resource consent is a concurrent application:

Sections 92 to 92B of the Resource Management Act 1991 apply in respect of an application for a resource consent accepted under this Act—

An authorised agency must not notify, or hold a hearing in relation to, an application for a resource consent made under section 25, except as provided in subsections (3) to (5).

Subsection (1) applies despite anything to the contrary in any other enactment, rule, national environmental standard, or other document.

The authorised agency may notify the application to the following persons if, in each case, the person has not given prior written approval to the activity:

The authorised agency must, within 10 working days after the date that the application is first lodged,—

Despite subsection (3), an authorised agency must not notify, or hold a hearing in relation to, an application for a resource consent made under this Act if, were that application to be made under the Resource Management Act 1991, that Act, or regulations made under that Act, would direct that the activity that is the subject of the application not be notified.

A notice under subsection (4) must—

A person may only make a submission if that person is notified under subsection (4).

The authorised agency must, as soon as is reasonably practicable, send copies of all submissions made on the application to the applicant.

A submission must be served on the authorised agency on or before the closing date for submissions.

A submission may state whether it—

Any submission made after the closing date must not be considered by the authorised agency.

For concurrent applications, this section and sections 30 to 42 are subject to the notification, hearing, and decision requirements in subpart 3.

The authorised agency must hold a hearing, not later than 20 working days after the closing date for submissions, if any person who has made a submission in accordance with section 29 has indicated that the person wishes to be heard and has not withdrawn that indication.

The authorised agency must—

A hearing must be completed not later than 30 working days after the closing date for submissions on the application.

Section 91 of the Resource Management Act 1991 applies in relation to an application for a resource consent under this Act—

This section applies where, in relation to the same qualifying development, applications for resource consents are made to 2 or more authorised agencies and, in each case, a hearing is to be held.

The authorised agencies must jointly hear and consider the applications unless—

When a joint hearing of applications for resource consents is to be held, the authorised agency under section 23(2)(a)(i) or (ii) (or, if there are more than 2 authorised agencies, the authorised agency agreed between them) is responsible for notifying the hearing under section 30, setting the procedure, and providing administrative services.

After jointly hearing the applications,—

When 2 or more authorised agencies separately decide the applications and each agency decides to grant a resource consent, the agencies must ensure that any conditions to be imposed are not inconsistent with each other.

For the purposes of any appeal against a joint decision under subsection (4), the respondent is the authorised agency whose consent is the subject of the appeal.

This section applies, with all necessary modifications, in relation to any other matter that 2 or more authorised agencies are empowered under this Act to decide, or recommend on, in relation to the same proposal.

A joint hearing under this section may include a concurrent application and its associated request for a plan change or variation of a proposed plan. (In these circumstances, this section must be read together with the notification, hearing, and decision requirements in subpart 3.)

An authorised agency, when considering an application for a resource consent under this Act and any submissions received on that application, must have regard to the following matters, giving weight to them (greater to lesser) in the order listed:

An authorised agency must not grant a resource consent that relates to a qualifying development unless it is satisfied that sufficient and appropriate infrastructure will be provided to support the qualifying development.

For the purposes of subsection (2), in order to be satisfied that sufficient and appropriate infrastructure will be provided to support the qualifying development, the matters that the authorised agency must take into account, without limitation, are—

In considering an application for a resource consent under this section, the authorised agency—

If an authorised agency makes a direction under subsection (4), the infrastructure provider or local authority must provide the information requested as soon as is reasonably practicable.

The Ministry must ensure that a copy of the document referred to in subsection (1)(e), or a link to that document, is on the Ministry’s Internet site and that members of the public can easily access the document via that site, free of charge, at all reasonable times.

Sections 105 to 107 of the Resource Management Act 1991 apply in respect of an application for a resource consent accepted under this Act—

An authorised agency may grant or refuse an application for a resource consent made under this Act.

If an authorised agency grants the application, it may impose conditions under sections 37 and 38.

Without limiting subsection (1), an authorised agency may—

Sections 108 to 111 of the Resource Management Act 1991 apply in respect of an application for a resource consent accepted under this Act—

Without limiting subsection (1), a resource consent may include any condition that is consistent with, and gives effect to, the purpose of this Act.

If the authorised agency is the chief executive and the authorised agency receives a financial contribution under the provisions referred to in subsection (1), the authorised agency must transfer that financial contribution to the relevant local authority to be used for the purposes specified in the resource consent or in that consent authority’s plan or proposed plan.

Sections 110 and 111 of the Resource Management Act 1991 apply, with all necessary modifications, to the local authority to which the authorised agency has transferred a financial contribution in accordance with subsection (3).

Section 220 of the Resource Management Act 1991 applies, with all necessary modifications, in respect of an application for a subdivision consent accepted by an authorised agency as if every reference to the territorial authority were a reference to the authorised agency.

Every decision by an authorised agency on an application for a resource consent must be in writing and state the reasons for the decision.

If the authorised agency is a local authority, the authorised agency must serve a copy of its decision on an application for a resource consent on the applicant and all persons who made a submission.

If the authorised agency is the chief executive, the authorised agency must serve a copy of its decision on an application for a resource consent on—

If there is a right of appeal under section 79 against the authorised agency’s decision, the authorised agency under subsection (1) or (2) (as the case may be) must ensure that, at the same time as the agency serves a copy of its decision on the applicant and each person who made a submission on the application, it also serves a statement of the time within which an appeal against the decision may be lodged under section 79.

Notice of the decision of an authorised agency on an application for a resource consent under this subpart must be given not later than,—

Schedule 2 provides for time periods that must be excluded from the time limit specified in subsection (1).

A resource consent granted by an authorised agency commences on the date on which the decision on the application is notified under section 40 or, if a later date is specified in the resource consent, on the date stated in the resource consent.

However, subsection (1) does not apply if there is a right of appeal under section 79 against the decision of the authorised agency on the resource consent application.

If there is a right of appeal under section 79, the resource consent commences at the following time (whichever applies), unless the resource consent states a later date or a determination of the Environment Court states otherwise:

Part 10 of the Resource Management Act 1991 applies to subdivision consents granted and survey plans approved under this Act except to the extent that this Act provides otherwise.

Sections 221 and 222 of the Resource Management Act 1991 apply to all subdivision consents granted by an authorised agency—

However, an authorised agency may notify or hold a hearing in relation to an application or review referred to in section 221(3) of the Resource Management Act 1991 only if the application for the relevant subdivision consent was notified under section 29(3) and 1 or more submissions were received.

Section 223(1) to (4), and (6) of the Resource Management Act 1991 applies to all survey plans that relate to a subdivision consent granted, or a certificate of compliance issued, by an authorised agency under this Act—

A certificate under section 223(3) of the Resource Management Act 1991 is conclusive evidence that all roads, private roads, reserves, land vested in the relevant territorial authority in lieu of reserves, and private ways shown on the survey plan have been authorised by the authorised agency and accepted by the relevant territorial authority under this Act, the Local Government Act 1974, and the Resource Management Act 1991.

Section 224 of the Resource Management Act 1991 applies to all survey plans that relate to a subdivision consent granted, or a certificate of compliance issued, by an authorised agency under this Act—

Section 228 of the Resource Management Act 1991 applies to a survey plan described in subsection (2) that has been approved by an authorised agency under section 45 of this Act—

The survey plan referred to in subsection (1) is a survey plan that relates to a subdivision for a qualifying development, by or on behalf of a Minister of the Crown, of land not subject to the Land Transfer Act 2017.

Sections 225, 226, 231, 232, 236, 237, 237A, and 240 to 243 of the Resource Management Act 1991 apply to the survey plans, covenants, and other matters referred to in subsection (2)—

The survey plans, covenants, and other matters referred to in subsection (1) are all survey plans, covenants, or other matters that relate to a subdivision consent granted, or certificate of compliance issued, by an authorised agency.

The references to a territorial authority in sections 231(1)(b), 232(2)(c), and 237A(1)(a) of the Resource Management Act 1991 retain the meaning given in section 2(1) of that Act.

Except as provided otherwise in this Act,—

In particular, and without limiting subsection (1), subpart 5 of Part 8 of the Local Government Act 2002 applies, with all necessary modifications, in relation to a resource consent granted under this Act.

Sections 122 and 123 of the Resource Management Act 1991 apply, with all necessary modifications, to resource consents granted by an authorised agency under this Act.

Section 125 of the Resource Management Act 1991 applies to resource consents granted by an authorised agency under this Act—

Sections 126(1) and (2) and 127 to 129(1) of the Resource Management Act 1991 apply to a resource consent granted under this Act—

However, an authorised agency may notify or hold a hearing in relation to an application for a change or cancellation of conditions under section 127(1) of the Resource Management Act 1991 (as applied by subsection (1)), only if the application for the resource consent to which the application relates was notified under section 29(3) and 1 or more submissions were received.

Section 130 of the Resource Management Act 1991 does not apply to the review of any condition of a resource consent granted under this Act.

However, an authorised agency may notify the persons listed in section 29(3) and hold a hearing in accordance with sections 30 and 31 if the resource consent to which the review relates was notified under section 29(3) and 1 or more submissions were received.

Section 131 of the Resource Management Act 1991 applies to a resource consent granted under this Act as if—

Section 132 of the Resource Management Act 1991 applies to a resource consent granted under this Act as follows:

Section 133A of the Resource Management Act 1991 applies to a resource consent granted under this Act as if the reference to a consent authority were a reference to an authorised agency and with all other necessary modifications.

Section 138 of the Resource Management Act 1991 applies to a resource consent under this Act as if every reference to the consent authority were a reference to the authorised agency and with all other necessary modifications.

Section 139 of the Resource Management Act 1991 applies to an activity associated with a qualifying development that could be done lawfully without a resource consent—

A certificate of compliance issued under this section—

This subpart applies only in relation to—

Nothing in sections 124 and 125 of the Local Government (Auckland Transitional Provisions) Act 2010 limits or affects the provisions of this subpart.

A person who has applied for or wishes to apply for a resource consent to undertake an activity to which section 25(2)(b) applies may request the authorised agency to change the relevant plan in accordance with sections 62 to 73.

A person who has applied for or wishes to apply for a resource consent to undertake an activity to which section 25(2)(c) or (d) applies may request the authorised agency to vary the proposed plan in accordance with sections 62 to 73.

A request to change a plan or vary a proposed plan under this section—

The authorised agency, when considering a request for a plan change or variation to a proposed plan under this section, must have regard to the following matters, giving weight to them (greater to lesser) in the order listed:

If an authorised agency determines under section 32 that 1 or more further consents will be required, the authorised agency is not required to take any further action on the request for the plan change or variation to the proposed plan until the applications for the further consents have been lodged and accepted as complete under section 88 of the Resource Management Act 1991 (as applied by section 27 of this Act).

Part 3 of Schedule 1 of the Resource Management Act 1991 applies to a plan change or a variation to a proposed plan requested under this subpart.

This section applies if a person makes a request for a plan change or variation to a proposed plan under section 61 and that person has obtained prior written approval for that change or variation from all persons listed in section 29(3).

Clauses 23 and 24 of Schedule 1 of the Resource Management Act 1991 apply to the request as if—

The authorised agency must make a decision on the request for a plan change or variation to a proposed plan and its concurrent application, and give public notice of that decision, within 40 working days after the date of whichever of the following is the latest to have occurred:

The authorised agency’s decision made in accordance with section 61(4) may be to—

The authorised agency must, before giving public notice of the decision on the request and its concurrent application, notify the person who made the request of—

Sections 71 and 73 apply concerning the making of the decision and the effect of public notification.

Sections 64 to 74 apply if a person requests a plan change or variation to a proposed plan under section 61 and that person has not obtained prior written approval for that change or variation from all persons listed in section 29(3).

Clauses 23 and 24 of Schedule 1 of the Resource Management Act 1991 apply to the request as if —

The authorised agency must, within the time specified in subsection (3), decide whether to—

If the authorised agency decides to adopt the request, or part of the request, the request must be dealt with in accordance with section 74.

The authorised agency must make its decision under subsection (1) within 10 working days of whichever of the following is the latest to have occurred:

The authorised agency may reject the request in whole or in part, but only on 1 or more of the grounds that the request or part of the request is—

The authorised agency must, within 5 working days of making a decision on the request, notify the person who made the request of—

If the authorised agency rejects the request, any concurrent application lapses.

If, under section 65(1)(b), an authorised agency accepts the request in part so that the activity that a concurrent application relates to remains a prohibited activity, the authority must decline the concurrent application as a result of the decision.

If a request is withdrawn or deemed to be withdrawn under section 75, any concurrent application that relates to the request must be treated as having been withdrawn.

If the authorised agency accepts the request and the request has been modified under section 64, the person making the request may, within 10 working days after being notified of the agency’s decision,—

See section 26(3)(c) concerning the time for applying for a resource consent if a concurrent application has not been lodged at the time of lodging the request.

If the authorised agency decides to accept the request or part of the request as provided in section 65(1)(b), the relevant local authority, within 30 working days of notification of acceptance of the request or part of the request under section 65(5), must—

The notice under subsection (1)(b) must—

A person may only make a submission if that person is notified under subsection (2).

The authorised agency must, as soon as practicable after the closing date for submissions, send copies of all submissions on the proposed change or variation and its concurrent application to the person who made the request.

This section applies if the authorised agency receives a submission that the land to which the request for the plan change or variation to a proposed plan relates should be expanded to relate to other land.

The authorised agency must, as soon as practicable after receiving the submission, notify—

Section 67(2) to (4) applies in relation to notices given under this section, except that, in section 67(2)(a), the reference to 20 working days from the date of the notice must be read as a reference to 10 working days from the date of the notice.

The authorised agency must hold a hearing, not later than 20 working days after the closing date for submissions (or, if section 68 applies, the closing date for further submissions), if any person who made a submission in accordance with section 67(2) or 68(3) has indicated that the person wishes to be heard and has not withdrawn that indication.

The authorised agency must—

The authorised agency must complete the hearing not later than 30 working days after the closing date for submissions on the request (or, if section 68 applies, the closing date for further submissions).

The authorised agency must hear any submissions on the request for a plan change or variation to a proposed plan and its concurrent application together.

The authorised agency must give a decision on the provisions and matters raised in submissions, whether or not a hearing on a request for a plan change or variation to a proposed plan and its concurrent application is held.

Clause 10(2) and (3) of Schedule 1 of the Resource Management Act 1991 applies, with all necessary modifications, to the authorised agency’s decision.

The authorised agency’s decision made in accordance with section 61(4) may be to—

An authorised agency considering a request for a plan change or variation to a proposed plan and its concurrent application must,—

The concurrent application must be considered and determined on the basis that the activities for which the application is made are controlled activities, restricted discretionary activities, discretionary activities, or non-complying activities in accordance with the authorised agency’s decision on the request for a plan change or variation to a proposed plan to which the concurrent application relates.

An authorised agency must decline a concurrent application if, as a result of the agency’s determination on the request, the activity that the concurrent application relates to remains a prohibited activity under the relevant plan or proposed plan, as the case may be.

The authorised agency must, not later than 130 working days after a request is made,—

Schedule 2 provides for the time periods that must be excluded from the time limit specified in subsection (1).

Section 113 of the Resource Management Act 1991 applies, with all necessary modifications, to the decision given under subsection (1)(a).

If the authorised agency’s decision is to approve the plan change or variation to a proposed plan, on and after the date on which public notice is given,—

An authorised agency may adopt a request or part of a request for a plan change or variation to a proposed plan made under section 61 if—

Sections 61(4) to (6) and 62 to 73 apply, with all necessary modifications, in relation to a request adopted under this section as if the request had been accepted under section 65(1)(b).

This section applies if a request for a plan change or variation to a proposed plan under this subpart (process A) relates to an area in a plan or proposed plan that is simultaneously subject to a proposed plan, plan change, or variation process in accordance with Schedule 1 of the Resource Management Act 1991 or Part 4 of the Local Government (Auckland Transitional Provisions) Act 2010 (process B).

However, this section does not apply if—

From the day after the date on which a plan change or variation to a proposed plan becomes operative in relation to the area in accordance with process A, or a proposed plan, plan change, or variation to a proposed plan becomes operative in relation to the area in accordance with process B, whichever process first results in a proposed plan, plan change, or variation becoming operative (the deciding process),—

No compensation is payable by the Crown or an authorised agency to any person for any loss or damage arising from the application of this section.

In this subpart, unless the context otherwise requires,—

In this subpart, an application or request is finally decided if the authorised agency has decided the application or request and 1 of the following applies:

This section applies if—

However, this section does not apply if the person who made the request notifies the authorised agency in writing that the person does not want this section to apply.

The request and all concurrent applications for resource consents (and any subsequent appeals or objections) must be dealt with and decided as if—

However, if the authorised agency’s decision is to approve the request, the references in section 73 to the plan or the proposed plan are taken to be references to the plan that is in fact the operative plan at the time the requested plan change or variation becomes operative.

This section applies if—

However, this section does not apply if the applicant for the resource consent notifies the authorised agency in writing that the applicant does not want this section to apply.

The application (and any subsequent appeals or objections) must be dealt with and determined as if the time-of-application version of the proposed new plan were the relevant operative plan.

The provisions of the Resource Management Act 1991 listed in subsection (2) apply, with the modifications stated, in respect of an authorised agency’s performance and exercise of its functions and powers under this Part,—

The provisions are—

An authorised agency may, having regard to the criteria set out in section 36(4) of the Resource Management Act 1991, fix all or any of the following kinds of charges:

Section 36(3) to (5) and (7) of the Resource Management Act 1991 applies to charges fixed by the authorised agency under this section,—

There is no right of appeal or objection against a decision made by the authorised agency under this Part, except as provided in sections 79 and 81.

One or more of the following persons may appeal to the Environment Court against the whole or any part of the decision of an authorised agency on a resource consent application under section 25 relating to a qualifying development that is 4 or more storeys high:

An appeal under subsection (1) must, subject to any regulations made under section 91,—

The appellant must ensure that a copy of the notice of appeal is served on every person referred to in subsection (1) not later than 5 working days after the appeal is lodged with the Environment Court.

Part 11 of the Resource Management Act 1991 applies to an appeal under this section—

This section is in addition to the rights provided for in section 81.

This section applies if a person has a right of appeal against a decision of an authorised agency under this Act.

Unless the person has exercised that right of appeal and a decision has been made on the appeal,—

The following persons have a right of objection to the authorised agency:

For the purposes of subsection (1)(a), the circumstances are—

Subsection (1)(f) applies to—

Section 357C of the Resource Management Act 1991 applies to an objection made under section 81 of this Act as if every reference to sections 357, 357A, and 357B were a reference to section 81 of this Act, and with all other necessary modifications.

Section 357D(1) and (2) of the Resource Management Act 1991 applies to an objection made under section 81 of this Act as if—

There is no right of appeal against a decision on an objection made under this Act.

Subject to the provisions in this Act, the chief executive is a consent authority under the Resource Management Act 1991 and has all associated powers required to effectively carry out his or her functions for the purposes of this Act.

In addition to any delegation under clauses 2 and 3 of Schedule 6 of the Public Service Act 2020, the chief executive may delegate 1 or more of the chief executive’s functions or powers as an authorised agency under this Part to—

A delegation under this section—

An entity to which any functions or powers are delegated under this section may perform or exercise them in the same manner and with the same effect as if they had been conferred on the entity directly by this Act and not by delegation.

Subsection (3) is subject to any restrictions or conditions imposed by the chief executive.

A person purporting to act under a delegation under this section is presumed to be acting in accordance with its terms in the absence of evidence to the contrary.

No delegation under this section affects or prevents the performance or exercise of any function or power by the chief executive or affects the responsibility of the chief executive for the actions of the entity acting under the delegation.

The chief executive may transfer 1 or more of the chief executive’s functions or powers as an authorised agency under this Part to either of the entities specified in section 86(1) or another chief executive of a government department.

Subsection (1) is subject to any prohibition against accepting a transfer of functions or powers that may be contained in the Act (if any) by or under which the entity is established.

The entity to which, or the chief executive to whom, functions or powers are to be transferred under this section—

An entity to which, or a chief executive to whom, a function or power is transferred under this section—

The chief executive may, at any time, change or revoke the transfer by written notice to the entity or chief executive concerned.

Subsection (2) applies to every document entered into, signed, or issued by the chief executive when performing functions or exercising powers under subpart 2 (for example, a covenant, instrument, certificate, resource consent, or consent notice).

On and from the date on which the chief executive ceases to be an authorised agency in relation to the special housing area to which the document relates,—

If a document is the subject of an application, request, or other matter at the date on which the chief executive ceases to be an authorised agency, subsection (2) applies from the date of completion of that matter.

Subsection (5) applies to any bond given to the chief executive in accordance with section 108A or 222 of the Resource Management Act 1991 (as those sections are applied by sections 37 and 44 of this Act) and any associated security or guarantee.

The bond and any associated security or guarantee—

Every document referred to in this section (including a bond, security, or guarantee) must state clearly the effect of this section.

This provision must be read in conjunction with any regulations relating to the process to be followed for the purposes of this section.

An accord territorial authority may appoint persons to act as members of 1 or more accord territorial authority panels (an ATA panel).

Each ATA panel must comprise no fewer than 3 members,—

An accord territorial authority may delegate its functions and powers as an authorised agency under this Act to an ATA panel, including its functions and powers under subpart 3 of this Part.

An accord territorial authority must not delegate its functions and powers under subpart 3 of this Part, except as provided in subsection (1).

Subsection (2) does not prevent an accord territorial authority delegating to any person the power to do anything preliminary to a decision on a matter referred to in subpart 3.

Where a regional council is an authorised agency under section 23(4), it may delegate its powers under subpart 2 of this Part to an ATA panel if the qualifying development to which the resource consent application relates is within the district of an accord territorial authority and section 33 applies.

The Governor-General may, by Order in Council made on the recommendation of the Minister, make regulations for all or any of the following purposes:

The transitional provisions in Schedule 3 have effect for the purposes of this Act.