Explanatory note
This Supplementary Order Paper gives effect to most of the recommendations made by the majority of the Environment Committee in its report on the Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill.
Intensification streamlined planning process (ISPP)
Clause 8, new section 80DA
The scope of the ISPP is broadened to enable an intensification planning instrument (an IPI) to be used to—
change provisions in plans (including objectives, policies, rules, standards, and zones) that are consequential and complementary to the medium density residential standards (MDRS) and the National Policy Statement on Urban Development (NPS-UD) intensification policies:
enable provision of papakāinga.
The link between the MDRS and the NPS-UD is clarified. Both the MDRS and the NPS-UD need to be implemented via the IPI. Where the NPS-UD is applied to a relevant residential zone, the underlying zoning will include the MDRS (at a minimum) and therefore any greater level of intensification (such as a 6-storey building) will likely require resource consent as a restricted discretionary activity.
Clause 7, new section 77F
Existing plan provisions continue to have effect provided they are not inconsistent with the Bill.
Clause 14, new clause 96
The independent hearings panels must, if tāngata whenua consider it appropriate, have at least 1 member with an understanding of tikanga Māori and the perspectives of local iwi or hapū, in consultation with relevant iwi authorities.
Clause 7, new section 77HA
If a qualifying matter has already been through a plan-making process, significant evidence would not need to be provided and the matter would not be reconsidered through the ISPP. The qualifying matter could be carried across, and a council’s assessment would focus on how to accommodate the qualifying matter through appropriate heights and densities.
MDRS
Clause 7, new sections 77F, 77FA, 77J, Schedule 1, new Schedule 3A
The MDRS included in the Bill as introduced are amended.
New MDRS regarding glazing and landscaping are added.
MDRS will apply to all relevant residential zones in tier 1 council plans, rather than urban environments.
Councils that want their plans to be more enabling of development can omit any standards in the MDRS when they adopt the MDRS in their plans. If a council does this, it cannot regulate the same effect in its plan.
Objectives and policies for the MDRS are included in the Bill.
The MDRS will apply to land designated for schools.
Amendments are made to clarify which parts of plans would have immediate legal effect. Only the specified standards in the MDRS and the MDRS objectives and policies would have immediate legal effect.
Amendments are made to enable councils to modify the MDRS and NPS-UD intensification policies to accommodate qualifying matters where such matters are present.
Tier 2 and tier 3 councils
Clause 8, new sections 80E, 80FA, 80FB
The Minister for the Environment will be required to consult the Minister for Māori Crown Relations—Te Arawhiti, as well as the Minister of Housing, before directing a tier 2 council through an Order in Council to implement the MDRS and give effect to the NPS-UD via the ISPP.
If a tier 2 council is brought under the legislation by an Order in Council, it will need to prepare an IPI and go through the ISPP to incorporate the MDRS, give effect to the NPS-UD and, if necessary, change its financial contributions policies and make any consequential and complementary changes to its plans. This will avoid the need for multiple plan changes.
Amendments are made to enable any tier 3 council (as defined by the NPS-UD) to ask the Minister for the Environment to direct it to implement the MDRS and NPS-UD via the ISPP.
Subdivisions
Schedule 1, new Schedule 3A, clauses 2A, 4(3)
Subdivision will be a controlled activity for existing dwellings that meet the MDRS, new dwellings that are permitted under the MDRS, or dwellings that have been approved through a resource consent.
Subdivision consent for residential units in accordance with the MDRS or an associated land use consent must not be publicly notified or given limited notification.
Building height in relation to boundary
Schedule 1, New Schedule 3A, clause 10
A building must not project beyond a 60° recession plane measured from a point 4 metres vertically above ground level along all boundaries.
Financial contributions
Clause 6B, new section 77DA, clause 7, new section 77P
Rules incorporating or updating financial contributions provisions in proposed plans that go through the ISPP will not have immediate legal effect. Instead, financial contributions provisions will be subject to the consultation requirements in the ISPP before coming into effect.
Transitional provisions: existing plan changes
Schedule 3, clauses 32 to 37
Councils that have already notified a proposed district plan at the time of the Bill’s commencement should not be required to modify their operative plans, and should instead use the ISPP to vary their proposed district plans to incorporate the MDRS and give effect to the NPS-UD intensification policies.
Councils that have notified plan changes at the time of the Bill’s commencement (including private plan changes that councils have adopted or accepted) should notify a variation to the plan change to ensure that it incorporates the MDRS. They should notify the variation alongside their IPI and the plan change will be able to continue.
Councils can choose to accept or adopt a private plan change request that proposes to adopt all the zone provisions of a relevant residential zone. In this instance, the council’s IPI will incorporate the MDRS into relevant residential zones within the scope of the private plan change.
Departmental disclosure statement
The Ministry for the Environment considers that a departmental disclosure statement is not required to be prepared for this Supplementary Order Paper.