Supplementary Order Paper No 112

No 112

House of Representatives

Supplementary Order Paper

Tuesday, 23 November 2021

Resource Management (Enabling Housing Supply and Other Matters) Amendment Bill

Proposed amendments

Hon Eugenie Sage, in Committee, to move the following amendments:

New clause 7AAA

Before clause 7 (page 7, before line 4), insert:

7AAA Section 76 amended (District rules)

After section 76(4D), insert:


Subsections (4A) to (4D) do not apply to urban tree protection incorporated through an intensification planning instrument made through the intensification streamlined planning process.

Clause 7 amended

In clause 7, new section 77E, after the definition of urban non-residential zone (page 7, after line 25), insert:

urban tree protection means objectives, policies, and rules to prohibit or restrict the felling, damaging, or removal of a tree or trees.

In clause 7, after new section 77N (page 12, after line 32), insert:

Urban tree protection

77NA Urban tree protection must be incorporated into plans


In an urban environment or on land otherwise within the jurisdiction of a relevant territorial authority, urban tree protection must be provided for through the district plan.


The objectives, policies, and rules (including targets) included in an intensification policy instrument for the purposes of urban tree protection must be consistent with:


Objective 8 of the National Policy Statement for Urban Development 2020; and


Policy 1(c), (e), and (f) of the National Policy Statement for Urban Development 2020.

Clause 8 amended

In clause 8, new section 80E(1), replace paragraph (a) (page 14, line 16) with:


incorporating the MDRS; and


incorporating urban tree protection; and

In clause 8, after new section 80G(1)(b)(ii) (page 15, after line 30), insert:


section 77NA (urban tree protection must be incorporated into plans):

Explanatory note

The purpose of these changes is to integrate urban tree protection with the Bill’s framework to accelerate the supply of housing to enable increased social, environmental, and cultural wellbeing through development. Under these changes, local authorities will be required to use intensification planning instruments and the intensification streamlined planning process to prohibit or restrict the felling, damaging, or removal of a tree or trees on land in an urban environment or land otherwise within the council’s jurisdiction where necessary to achieve the identified objectives and policies of the NPS-UD. This will ensure that the environmental and liveability benefits of urban trees can be recognised through planning instruments, as housing intensification occurs. In October 2018, the Biodiversity Collaborative Group recommended the Minister for the Environment review the restrictions in the principal Act and amend them following the outcome of the review, stating that “the urban forest has significant ecological, social, cultural and economic values.” Urban trees provide habitats and food for our native species and enhance the liveability of our cities. As we provide for more housing in our urban environments through the Bill, the changes in this Supplementary Order Paper would ensure local government can create rules that work alongside this to provide shade and habitats and food for native wildlife, to enhance air quality, reduce noise and increase environmental and mental wellbeing, as well as reduce soil erosion, reduce stormwater runoff to beaches and streams, and sequester carbon.