Auckland War Memorial Museum viewshaft overlay sites

Details of the request

Please provide information about the central government procedures and timeline(s) to assess and address Auckland Council's failures to comply with clause 8(5)(b.) in Part 1 (Process for Auckland Council to withdraw Plan Change 78) of Schedule 3C (Alternative intensification provisions for Auckland and Christchurch) to the Resource Management Act 1991 and clause 3.31(Tier 1 territorial authorities implementing intensification policies) of the National Policy Statement on Urban Development 2020 (Updated May 2022) by issuing deficient PC120 communications in relation to AUP D19 Auckland War Memorial Museum Viewshaft overlay sites.

In summary, Auckland Council has failed to provide public information about the alternate building heights and densities proposed for the sites that are referred to in Table 3 (Summary of Effects on Development Capacity) on page 15 of the document that was prepared with reference to section 32 of the Resource Management Act 1991 and published at Proposed Plan Change 120: Housing Intensification and Resilience (PC120) for the public consultation period from 3 November 2025 - 19 December 2025.

That is, the required information has not been published for the public via communications including:

• Auckland Council Technical Report that was approved for publication by Auckland Council's Director Policy, Planning and Governance on 31 October 2025: Auckland Council Technical Report
• PC120 viewer: Auckland Council’s Plan Change 120 map viewer
• Proposed Plan Change 120: Housing
  Intensification and Resilience (PC120)
• PC 120: Housing Intensification and Resilience

ADDITIONAL INFORMATION FOR CONTEXT unitaryplan@aucklandcouncil.govt.nz email below dated 11 December 2025 and NZ Legislation website information:

Resource Management Act 1991

If you need more information about this Act, please contact the administering agency: Ministry for the Environment

Schedule 3CAlternative intensification provisions for Auckland and Christchurch
s 80DA

Schedule 3C: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

Interpretation
In this schedule, unless the context otherwise requires,

Auckland housing planning instrument means a change to the Auckland Unitary Plan—

(a.) to comply with clause 4; and

(b.) that may include provisions of a kind permitted under clause 5(2)

Auckland Unitary Plan means the Auckland combined plan as that term is defined in section 116(1) of the Local Government (Auckland Transitional Provisions) Act 2010

community services means:

(a.) community facilities; and

(b.) educational facilities; and

(c.) those commercial activities that service the needs of the community

housing capacity, in relation to the Auckland Unitary Plan or Christchurch district plan, means the housing that the plan enables as a permitted activity, controlled activity, or restricted discretionary activity

listed planning instrument has the meaning given in section 80B

Maungawhau (Mount Eden) Station, Kingsland Station, Morningside Station, Baldwin Avenue Station, and Mount Albert Station mean the railway stations at those places on the North Auckland Line

Plan Change 14 means the intensification planning instrument for Christchurch City Council notified on 17 March 2023

Plan Change 78 means the intensification planning instrument for Auckland Council notified on 18 August 2022

SPP panel has the meaning given in section 80B

urban environment has the meaning given in section 77F.

Schedule 3C clause 1: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

Part 1Process for Auckland Council to withdraw Plan Change 78

Schedule 3C Part 1: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

Auckland Council may withdraw Plan Change 78

Heading: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

Auckland housing planning instrument

1. Auckland Council must, no later than 10 October 2025, notify the responsible Minister in accordance with clause 75A of Schedule 1 for a direction to use the streamlined planning process to prepare an Auckland housing planning instrument.
2. The Auckland housing planning instrument may also include provisions to address any matter that Auckland Council is satisfied meets at least 1 of the criteria in section 80C(2)(a.), (b.), (c.), (d.), (ea.), or (f.).
3. Auckland Council must not notify more than 1 Auckland housing planning instrument.
4. Despite clause 88 of Schedule 1, Auckland Council must not withdraw the Auckland housing planning instrument.
5. However, Auckland Council may withdraw part of the Auckland housing planning instrument if that part—
   1.  relates solely to a matter referred to in subclause (2); and
   2. is not required to comply with clause 4.
6. An SPP panel making recommendations on the Auckland housing planning instrument must ensure that its recommendations comply with clause 4.
7. Auckland Council must, when making decisions on the Auckland housing planning instrument, ensure that its decisions comply with clause 4.
   
   Schedule 3C clause 5: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).
8. Qualifying matters for Auckland housing planning instrument

1. Auckland Council may modify the requirements of clause 4(1)(b.) and (c.) and policy 3 in any zone in an urban environment to be less enabling of development than provided in that clause or policy only to the extent necessary to accommodate 1 or more of the following qualifying matters that are present:
   1. a matter specified in section 77I(a.) to (i.):
   2. any other matter that makes higher density, as specified by clause 4(1)(b.) or (c.) or policy 3, inappropriate in an area, but only if subclause (4) is satisfied.
2. The evaluation report must, in relation to a proposed amendment to accommodate a qualifying matter under subclause (1)(a.) or (b.),—
   1. demonstrate why Auckland Council considers—
      1. that the area is subject to a qualifying matter; and
      2. that the qualifying matter is incompatible with the level of development provided by clause 4(1)(b.) or (c.) or policy 3 for that area; and
   2. assess the impact that limiting development capacity, building height, or density (as relevant) will have on the provision of development capacity; and
   3. assess the costs and broader impacts of imposing those limits.
3. The requirements set out in subclause (2)(a.) apply only in the area for which Auckland Council is proposing to make an allowance for a qualifying matter.
4. The evaluation report must, in relation to a proposed amendment to accommodate a qualifying matter under subclause (1)(b.), also—
   1. identify the specific characteristic that makes the level of development specified by clause 4(1)(b.) or (c.) or policy 3 inappropriate in the area; and
   2. justify why that characteristic makes that level of development inappropriate in light of the national significance of urban development and the objectives of the NPS-UD; and
   3. include a site-specific analysis that—
      1. identifies the site to which the matter relates; and
      2. evaluates the specific characteristic on a site-specific basis to determine the geographic area where intensification needs to be compatible with the specific matter; and
      3. evaluates an appropriate range of options to achieve the greatest heights and densities specified by clause 4(1)(b.) or (c.) or policy 3 while managing the specific characteristics.
5. Auckland Council may, when considering existing qualifying matters, instead of undertaking the evaluation process described in subclause (2), do all the following things:
   1. identify by location (for example, by mapping) where an existing qualifying matter applies:
   2. specify the alternative heights or densities (as relevant) proposed for those areas identified under paragraph (a.):
   3. identify in the evaluation report why the Council considers that 1 or more existing qualifying matters apply to those areas identified under paragraph (a.):
   4. describe in general terms for a typical site in those areas identified under paragraph (a.) the level of development that would be prevented by accommodating the qualifying matter, in comparison with the level of development that would have been provided by clause 4(1)(b.) or (c.) or policy 3:
   5. notify the existing qualifying matters in the Auckland housing planning instrument.
6. In this clause,—

evaluation report means the evaluation report required under section 32

existing qualifying matter means a qualifying matter referred to in subclause (1)(a.) that is operative in the Auckland Unitary Plan when the Auckland housing planning instrument is notified.

Schedule 3C clause 8: inserted, on 21 August 2025, by section 88 of the Resource Management (Consenting and Other System Changes) Amendment Act 2025 (2025 No 41).

oia@mfe.govt.nz