In Schedule 1, clause 78(3A), after “clause 4 of Schedule 3C”, insert “(as amended by section 6 of the Resource Management (Auckland Housing) Amendment Act 2026)”.

(2)

In Schedule 1, clause 80(2A), after “clause 4 of Schedule 3C”, insert “(as amended by section 6 of the Resource Management (Auckland Housing) Amendment Act 2026)”.

(3)

In Schedule 1, after clause 80(3), insert:

(3A)

The Minister may amend the Resource Management (Direction to Auckland Council to use the Streamlined Planning Process to Prepare Proposed Plan Change 120: Housing Intensification and Resilience) Notice 2025 (Gazette 2025-sl6084) in accordance with this clause at any time, except that the requirements in clause 76(4)(b) to (d) of this schedule do not apply to an amendment made under this subclause.

Amendments to Schedule 3C

6 Schedule 3C amended

(1)

In Schedule 3C, clause 1, insert in their appropriate alphabetical order:

new clause 4 means clause 4 of this schedule as amended by section 6 of the Resource Management (Auckland Housing) Amendment Act 2026

Plan Change 120 means the Auckland housing planning instrument that was notified by Auckland Council on 3 November 2025

(2)

In Schedule 3C, clause 1, insert as subclause (2):

(2)

On and from the commencement of section 6(2) of the Resource Management (Auckland Housing) Amendment Act 2026, for the purposes of applying references in subclause (1) and in clauses 3 and 5(6) to (9) of this schedule to clause 4 of this schedule, references to clause 4 must be read as references to new clause 4.

(3)

In Schedule 3C, replace clause 4(1)(a) with:

(a)

provide a minimum housing capacity of 32.5% less than the housing capacity that would have been enabled if Plan Change 78 (as notified) were made operative; and

(4)

In Schedule 3C, clause 4(2), after “subclause (1)(b)”, insert “ or (c)”.

(5)

In Schedule 3C, repeal clause 5(5)(a).

(6)

In Schedule 3C, replace clause 5(6) and (7) with:

(6)

An SPP panel making recommendations on Plan Change 120 under clauses 85, 99, and 100 of Schedule 1 must ensure that its recommendations comply with clause 4.

(7)

Auckland Council must, when making decisions on SPP panel recommendations on Plan Change 120 under clause 86 of Schedule 1, ensure that its decisions comply with clause 4.

(8)

For the purpose of calculating the housing capacity that Plan Change 120 enables and the housing capacity that clause 4 requires, Auckland Council must use the same capacity modelling methodology it applied when calculating the housing capacity that Plan Change 78 (as notified) would have enabled if it were made operative.

(9)

For the purposes of clause 4, housing capacity does not include the housing capacity in the city centre as at 6 June 2025 when the Plan Change 78 changes to the city centre became operative.

(7)

In Schedule 3C, after clause 10, insert:

Provisions relating to Plan Change 120

10A Minister’s statement of expectations

(1)

In paragraph b of the statement of expectations set out in the Minister’s direction, reference to clause 4(1)(a) of Schedule 3C must be read as a reference to the corresponding provision in new clause 4.

(2)

In paragraph d of the statement of expectations set out in the Minister’s direction, reference to clause 4 of Schedule 3C must be read as a reference to new clause 4.

(3)

In this clause, Minister’s direction means the Resource Management (Direction to Auckland Council to use the Streamlined Planning Process to Prepare Proposed Plan Change 120: Housing Intensification and Resilience) Notice 2025 (Gazette 2025-sl6084).

10B Process requirements for Plan Change 120

(1)

On and after the commencement of this clause,—

(a)

clauses 10C to 10E apply to Plan Change 120; and

(b)

Auckland Council must follow the process set out in those clauses for Plan Change 120.

(2)

However, this clause does not prevent Auckland Council from preparing a variation under clause 10 if the responsible Minister amends their direction in accordance with clause 80 of Schedule 1.

10C Decisions relating to changed capacity requirement

(1)

Auckland Council must decide whether to propose any amendments (the proposed amendments) to Plan Change 120.

(2)

Subclause (1) does not limit the scope of amendments that Auckland Council may propose, and does not prevent Auckland Council from deciding not to propose any amendments.

(3)

For the purposes of this Act, the proposed amendments decided on by Auckland Council under this clause and publicly notified under clause 10D are not, and must not be treated as, a proposed plan, proposed policy statement, proposed change, or variation.

10D Public notice relating to any proposed amendments decided under clause 10C

(1)

Auckland Council must give public notice of its decision under clause 10C in accordance with this clause.

(2)

The public notice must state—

(a)

whether Auckland Council proposes amendments to Plan Change 120 in accordance with clause 10C; and

(b)

whether Auckland Council has withdrawn any parts of Plan Change 120 (as notified) as of the date of the public notice and, if so, which parts it has withdrawn; and

(c)

where the proposed amendments (if any) may be inspected; and

(d)

that any person may make a submission on Plan Change 120, including the proposed amendments (if any), and that persons who have previously made a submission on Plan Change 120 may amend their submission; and

(e)

the process for participating in the consideration of Plan Change 120, including on the proposed amendments (if any); and

(f)

the closing date for submissions, which is 20 working days from the date of the public notice; and

(g)

the address for service of Auckland Council; and

(h)

any further information that Auckland Council sees fit.

(3)

Auckland Council must send the public notice, by post or email, to every person who has previously submitted on Plan Change 120.

(4)

Auckland Council must make the proposed amendments (if any) available in every public library in its area and every other place that it considers appropriate.

10E Submissions process for Plan Change 120 and any proposed amendments decided under clause 10C

(1)

Electronic and non-electronic forms approved by the chief executive of Auckland Council may be used for—

(a)

making submissions on Plan Change 120 and the proposed amendments (if any); and

(b)

amending submissions made on Plan Change 120 (as notified), whether any previous submission was made electronically or not.

(2)

An approved form must—

(a)

allow submitters to attach supporting documents to electronic and non-electronic submissions; and

(b)

at a minimum, require a submitter to—

(i)

state the submitter’s full name; and

(ii)

state that the submission is made on Plan Change 120; and

(iii)

declare whether the submitter could or could not gain an advantage in trade competition through the submission; and

(iv)

if relevant, declare whether the submitter is directly affected by an adverse effect on the environment that does not relate to trade competition; and

(v)

identify the specific provisions of Plan Change 120 and the proposed amendments (if any) to which the submission relates; and

(vi)

state whether the submitter supports, opposes, or seeks amendment of those provisions, and the reasons for that position; and

(vii)

state the decision sought from the local authority; and

(viii)

state whether the submitter wishes to be heard in support of the submission; and

(ix)

provide contact details, including an address for service, a phone number, and an electronic address (if available); and

(x)

if applicable, state the name of any contact person or authorised agent.

(3)

A person who made a submission on Plan Change 120 (as notified) under clause 6 of Schedule 1 before the commencement of this clause may amend their submission within 20 working days from the date of public notification of Auckland Council’s decision under clause 10C using an approved form.

(4)

Any other person (including Auckland Council) may make a submission on Plan Change 120, including on the proposed amendments (if any), within 20 working days from the date of public notification of Auckland Council’s decision under clause 10C using an approved form.

(5)

A person who could gain an advantage in trade competition through a submission may make a submission only if directly affected by an effect of Plan Change 120 or the proposed amendments (if any) that—

(a)

adversely affects the environment; and

(b)

does not relate to trade competition or the effects of trade competition.

Schedule New Part 10 inserted into Schedule 12

s 4

Part 10 Provisions relating to Resource Management (Auckland Housing) Amendment Act 2026

62 Interpretation

In this Part,—

amendment Act means the Resource Management (Auckland Housing) Amendment Act 2026

Plan Change 120 has the same meaning as in clause 1 of Schedule 3C.

63 Submissions made on Plan Change 120

Nothing in the amendment Act affects the validity or status of any submission made, or struck out under section 41D, in relation to Plan Change 120 before the commencement of this clause.

64 Previous action taken on Plan Change 120

Nothing in the amendment Act affects the validity of anything done or omitted under this Act before the commencement of the amendment Act in relation to Plan Change 120, including (but not limited to)—

(a)

functions or duties performed, or powers exercised, under this Act relating to Plan Change 120:

(b)

an evaluation report for Plan Change 120 prepared by Auckland Council under section 32.

65 Provision for projects relying on MDRS permitted activity rules affected by withdrawal of part of Plan Change 78

(1)

This clause applies on and from the applicable date.

(2)

Subclauses (3) and (4) relate to MDRS permitted activity rules in Plan Change 78 that were withdrawn by Auckland Council in accordance with clause 2(1) of Schedule 3C.

(3)

If a building consent was applied for on or before the applicable date for a residential unit that was a permitted activity, the residential unit continues to be a permitted activity as if the relevant part of Plan Change 78 had not been withdrawn, unless the building consent lapses, if—

(a)

the residential unit was a permitted activity because of a rule in Plan Change 78 that had immediate legal effect in accordance with section 86BA(1); and

(b)

the building consent was—

(i)

applied for but not yet granted on or before the applicable date; or

(ii)

granted under section 49 of the Building Act 2004 on or before the applicable date.

(4)

Subclause (5) applies if a resource consent was granted on or before the applicable date for an activity related to the construction and use of a residential unit that was a permitted activity.

(5)

The residential unit continues to be a permitted activity unless the associated resource consent lapses—

(a)

as if the relevant part of Plan Change 78 had not been withdrawn; and

(b)

if the residential unit was a permitted activity because of a rule in Plan Change 78 that had immediate legal effect in accordance with section 86BA(1).

(6)

In this clause,—

applicable date means 9 October 2025

building consent has the same meaning as set out in section 7(1) of the Building Act 2004

Plan Change 78 has the same meaning as set out in clause 1 of Schedule 3C.

66 Temporary exemption from requirements of National Policy Statement on Urban Development 2020

(1)

Auckland Council is exempt from compliance with the requirements of the following provisions of the National Policy Statement on Urban Development 2020:

(a)

clause 3.10(2) (assessing demand and development capacity under a Housing and Business Development Capacity Assessment):

(b)

clause 3.12(1) (preparation of a Future Development Strategy):

(c)

clause 3.16 (review of a Future Development Strategy):

(d)

clause 3.19(1) (obligation to prepare a Housing and Business Development Capacity Assessment).

(2)

The exemption from compliance with those requirements granted by subclause (1) expires on the sooner of the following:

(a)

the date on which a new or updated national policy statement directs those requirements to recommence:

(b)

in time to inform Auckland Council’s 2030–2040 long-term plan, but no later than the close of the third consecutive year to which its next long-term plan (2027–2037) relates.

Legislative history

31 March 2026		Introduction (Bill 294–1), first reading, second reading, committee of the whole House, third reading
2 April 2026		Royal assent

This Act is administered by the Ministry for the Environment.

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Resource Management (Auckland Housing) Amendment Act 2026