1 Nau mai | Welcome
The meeting
was opened with a karakia.
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Whakataka te hau
ki te uru
Whakataka te hau
ki te tonga
Kia
mākinakina ki uta
Kia
mātaratara ki tai
E hī ake ana
te atakura
He tio
He huka
He hau
hū
Tīhei mauri
ora
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Cease o winds from the west
Cease o winds from the south
Bring calm breezes over the
land
Bring calm breezes over the sea
And let the red-tipped dawn
come
With a touch of frost
A sharpened air
And promise of a glorious day.
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2 Ngā Tamōtanga | Apologies
At the close of
the agenda no apologies had been received.
3 Te Whakapuaki i te Whai Pānga | Declaration
of Interest
Members are reminded of the need to be vigilant to stand aside from
decision making when a conflict arises between their role as a member and any
private or other external interest they might have.
4 He Tamōtanga Motuhake | Leave of Absence
At the close of
the agenda no requests for leave of absence had been received.
5 Te Mihi | Acknowledgements
At the close of
the agenda no requests for acknowledgements had been received.
6 Ngā Petihana | Petitions
At the close of
the agenda no requests to present petitions had been received.
7 Ngā Tono Whakaaturanga | Deputations
Standing
Order 7.7 provides for deputations. Those applying for deputations are required
to give seven working days notice of subject matter and applications are
approved by the Chairperson of the Devonport-Takapuna Local Board. This means
that details relating to deputations can be included in the published agenda.
Total speaking time per deputation is ten minutes or as resolved by the
meeting.
At the close of the agenda no
requests for deputations had been received.
8 Te Matapaki Tūmatanui | Public Forum
A period of
time (approximately 30 minutes) is set aside for members of the public to
address the meeting on matters within its delegated authority. A maximum of
three minutes per speaker is allowed, following which there may be questions
from members.
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8.1 Public
Forum - Brett Carter - Auckland Unitary Plan – Local board views on the
withdrawal in part of Proposed Plan Change 78 - Intensification and draft replacement
plan change
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Te take mō te pūrongo
Purpose
of the report
1. Brett
Carter will be in attendance to address the local board
regarding the Auckland Unitary Plan – local board views on the
withdrawal in part of Proposed Plan Change 78 - Intensification and draft
replacement plan change
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Ngā tūtohunga
Recommendation/s
That the Devonport-Takapuna
Local Board:
a) receive
the presentation from Brett Carter and thank them for their attendance.
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9 Ngā Pakihi Autaia | Extraordinary
Business
Section 46A(7) of the Local Government Official Information and
Meetings Act 1987 (as amended) states:
“An item that is not on the agenda for a meeting may be dealt
with at that meeting if-
(a) The
local authority by resolution so decides; and
(b) The
presiding member explains at the meeting, at a time when it is open to the
public,-
(i) The reason why
the item is not on the agenda; and
(ii) The
reason why the discussion of the item cannot be delayed until a subsequent
meeting.”
Section 46A(7A) of the Local Government Official Information and
Meetings Act 1987 (as amended) states:
“Where an item is not on the agenda for a meeting,-
(a) That item
may be discussed at that meeting if-
(i) That
item is a minor matter relating to the general business of the local authority;
and
(ii) the
presiding member explains at the beginning of the meeting, at a time when it is
open to the public, that the item will be discussed at the meeting; but
(b) no
resolution, decision or recommendation may be made in respect of that item
except to refer that item to a subsequent meeting of the local authority for
further discussion.”
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Devonport-Takapuna Local Board
02 September 2025
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Auckland
Unitary Plan – Local board views on the withdrawal in part of Proposed
Plan Change 78 - Intensification and draft replacement plan change
File No.: CP2025/18588
Te take mō te
pūrongo
Purpose of the report
1. To
enable the local board to provide its views to the Governing Body (via the
Policy and Planning Committee) on:
a) the
withdrawal in part[1]
of Proposed Plan Change 78 – Intensification
b) the
draft replacement plan change documents below:
· Chapters A, B, C, D, E, G and H
· Chapter I
· Chapters J, K, L, M and Devonport-Takapuna Map Series.
Whakarāpopototanga matua
Executive summary
2. Enabling
significant opportunities for development, in particular housing in the right
places, is a fundamental aspect of the Auckland Unitary Plan (AUP). Under the
previous government, the council was required to make widespread changes to the
AUP to enable even greater levels of intensification. The resulting changes to
the AUP were included in Proposed Plan Change 78 – Intensification (PC78)
notified in August 2022.
3. Since
early 2023, the Policy and Planning Committee (via the Mayor, and the Chair and
Deputy Chair of the Policy and Planning Committee) has strongly advocated to
central government for a better way to enable even more development than the
AUP already provides for, while addressing risks from natural hazards such as
flooding and coastal erosion/inundation.
4. The very
recently enacted Resource Management (Consenting and Other System Changes)
Amendment Act enables the council, if it chooses, to withdraw in part, PC78,
provided the council notifies a replacement plan change that satisfies new
requirements. The council had previously been unable to withdraw PC78 (in whole
or in part).
5. On 21
August 2025 the Policy and Planning Committee endorsed a draft replacement plan
change to enable staff to consult on it with iwi authorities, government
ministries and adjoining councils, and to request local board views on the
draft replacement plan change and a corresponding withdrawal in part of PC78.
Due to the timeframes set by central government in the Resource Management
(Consenting and Other System Changes) Amendment Act, the council will need to
decide in September 2025 whether or not to withdraw from PC78 and, if so, to
proceed with a replacement plan change.
6. Consultation feedback and local board views will be reported
at a meeting of the Policy and Planning Committee in
September 2025.
Ngā tūtohunga
Recommendation/s
That the Devonport-Takapuna
Local Board:
a) provides
its views on:
i) the
withdrawal in part of Proposed Plan Change 78 - Intensification
ii) the
draft replacement plan change included as Attachments A-F.
Horopaki
Context
Introduction
7. Enabling
significant opportunities for development, in particular housing in the right
places, is a fundamental aspect of the AUP. Under the previous government, the
council was required to make widespread changes to the AUP to enable even
greater levels of intensification. The resulting changes to the AUP were
included in Proposed Plan Change 78 – Intensification (PC78) notified in
August 2022.
8. Since
early 2023, the Policy and Planning Committee (via the Mayor, and the Chair and
Deputy Chair of the Policy and Planning Committee) have strongly advocated to
central government for a better way to enable even more development than the
AUP already provides for, while addressing risks from natural hazards such as
flooding and coastal erosion/inundation.
9. The
Resource Management (Consenting and Other System Changes) Amendment Act enables
the council, if it chooses, to withdraw in part, PC78, provided that the
council notifies a replacement plan change that satisfies new requirements. The
council had previously been unable to withdraw PC78 (in whole or in part).
10. On 21 August 2025
the Policy and Planning Committee endorsed a draft replacement plan change to
enable staff to consult on it with iwi authorities, government ministries and
adjoining councils, and to request local board views on the draft replacement
plan change and a corresponding withdrawal in part of PC78. Due to the
timeframes set by central government in the Resource Management (Consenting and
Other System Changes) Amendment Act, the council will need to decide in
September 2025 whether or not to withdraw PC78 and, if so, to proceed with a
replacement plan change.
11. Consultation with
iwi authorities is a legal prerequisite for any plan change. Consultation with
adjoining councils and government ministries is also mandatory. The council
must consider any views and preferences expressed by a local board, if the decision affects or may affect the responsibilities or
operation of the local board or the well-being of communities within its local
board area. Consultation feedback and local board views will be reported
at a meeting of the Policy and Planning Committee in September 2025.
Different plan making context for PC78 and any replacement plan
change
12. The statutory
settings for PC78 differ from how the council normally undertakes plan changes.
Particular legal requirements apply to PC78, for example:
· Ministerial
directions apply
· the
span of the council’s decision-making is constrained compared to the
usual plan-making process under the Resource Management Act (RMA)
· the
council cannot fully address significant risks from natural hazards.
13. Consultation
remains a mandatory requirement for any replacement plan change.
14. The latest RMA
amendments:
· enable
the council to withdraw PC78 (in whole or in part) which would then trigger a
mandatory replacement plan change
· make
any replacement plan change subject to different legal requirements, in
particular, any replacement plan change must enable the same or more
capacity for development as PC78
· constrain
the span of the council’s decision-making compared to the usual
plan-making process under the RMA
· enable
the council to fully address risks from natural hazards.
15. Two key procedural
factors of relevance to this report are:
· the
limited window in which the council can decide whether to withdraw PC78:
between the day the RMA amendments commence, and 10 October 2025
· the
mandatory requirement to consult on a draft replacement plan change with iwi
authorities, government ministries and adjoining councils and to obtain local
board views, before deciding whether to approve a proposed replacement plan
change for notification (after seeking a direction from the relevant Minister).
Different timing for consultation driven by legislation and
timeframes
16. The very recently
enacted Resource Management (Consenting and Other System Changes) Amendment Act
provides Auckland Council with specific provisions to withdraw PC78 (in whole
or in part) and replace it with a new plan change.
17. Staff have been
unable to formally consult on any replacement plan change until the RMA
amendments became law. Given delays in the Parliamentary process, these
amendments have only just become law, but the council is required to make a
decision on notification of a replacement plan change by 10 October 2025.
18. This means the
Governing Body has very little time to consult with iwi, ministries and
adjoining councils, and to seek the views of local boards, before making a
decision on whether or not to withdraw in part PC78 and notify a replacement
plan change.
Draft replacement plan change
19. With feedback from
the Policy and Planning Committee, staff have prepared a draft replacement plan
change to meet the requirements they understood would be included in amendments
to the RMA. It also provides for improved management of development in areas
affected by natural hazards. The draft replacement plan change is included in
Attachments A to F. Note that draft replacement plan change planning maps at
Attachment F have been provided for your local board area only.
20. Relative to PC78,
in the draft replacement plan change:
a) there
are stronger controls relating to managing risks from flooding, coastal
hazards, landslides and wildfires
b) there
are changes to the zoning (down-zoning) of properties that are at the highest
risk from flooding and coastal hazards
c) Medium
Density Residential Standards (MDRS) have been replaced with different/improved
standards
d) there is
an increase in the amount of land zoned for two-storey medium density housing (the Residential – Mixed Housing Suburban Zone)
e) there is
a reduction in the amount of land zoned for three-storey medium density housing
(the Residential – Mixed Housing Urban Zone)
f) building
heights of up to 10 storeys are generally enabled in 23 walkable catchments
around Rapid Transit Stops, except where qualifying matters apply
g) building
heights of up to 15 storeys are generally enabled in 21 walkable catchments
around Rapid Transit Stops, except where qualifying matters apply
h) outside
of walkable catchments, building height controls for most of the Residential -
Terrace Housing and Apartment Buildings Zone are increased to enable buildings
of six storeys (up from five storeys), with a more permissive height in
relation to boundary control
i) the
area of land zoned for the Terrace Housing and Apartment Buildings zone around
14 town centres is increased (within generally 200 metres to 400 metres of the
edge of the Town Centre zone)
j) the
area of land around 11 additional town centres and local centres is zoned for
Terrace Housing and Apartments Buildings zone (within generally 200 metres of
the edge of the Town Centre zone or Local Centre zone)
k) sites
within approximately 200 metres either side of 24 corridors on Auckland
Transport‘s Frequent Transport Network is zoned Terrace Housing and
Apartment Buildings zone
l) intensification
requirements have been applied to the previously excluded Auckland Light Rail
Corridor, to give effect to policies 3 and 4 of the National Policy Statement
on Urban Development (NPS-UD) and the specific intensification requirements set
out in the RMA amendment for increased building heights in the walkable
catchments around the rail stations at Maungawhau (Mount Eden), Kingsland,
Morningside, Baldwin Ave and Mount Albert; except where qualifying matters
apply
m) removing
additional areas of special character that are currently identified in the AUP,
in the walkable catchments around the rail stations at Maungawhau (Mount Eden),
Kingsland and Morningside
n) to give
effect to the New Zealand Coastal Policy Statement and the Regional Policy
Statement, a new qualifying matter has been applied to a small number of
walkable catchments and NPS-UD policy 3(d) locations to make the building
heights or density requirements less enabling of development.
Tātaritanga me ngā
tohutohu
Analysis and advice
21. The purpose of this
report is limited to seeking the local board’s views on:
a) the
withdrawal in part of Proposed Plan Change 78 - Intensification
b) the
draft replacement plan change included as Attachments A-F.
22. In considering a),
it is important to note that:
a) should
the council not withdraw PC78, it will be required to:
i) prepare
and notify a variation to PC78 for the missing ‘Auckland Light Rail
Corridor’ between the city centre and Māngere
as soon as possible
ii) seek
an extension of time for the hearings and decision-making on PC78 from the
Minister for Resource Management Reform (currently 31 March 2026)
iii) prepare
evidence and, along with the many submitters, attend hearings before the PC78
independent hearings panel
iv) consider
developing an interim plan change that partially strengthens the rules in the
AUP relating to natural hazards
v) receive
recommendations from the independent hearings panel and make decisions on those
recommendations:
· any
recommendations accepted by the council cannot be appealed to the Environment
Court
· any
recommendations rejected by the council would be referred to the Minister for
Resource Management Reform for a decision.
b) should
the council withdraw PC78
i) it
will be required to make a decision by 10 October 2025 to notify a replacement
plan change
ii) the
replacement plan change must enable the same or more capacity for development
as PC78
iii) the
Minister for Resource Management Reform will determine detailed matters
relating to the submissions and hearings process after considering the
council’s views
iv) an
independent hearings panel would be appointed jointly by the council and the
Minister for Resource Management Reform to hear submissions and make
recommendations to the council:
· any
recommendations accepted by the council cannot be appealed to the Environment
Court
· any
recommendations rejected by the council can be appealed to the Environment
Court.
Tauākī whakaaweawe
āhuarangi
Climate impact statement
23. The council’s
climate goals are set out in Te Tāruke-ā-Tāwiri:
Auckland’s Climate Plan:
· to
reduce greenhouse gas emissions to reach net zero emissions by 2050
· to
prepare the region for the adverse effects of climate change (e.g. increased
risk from natural hazards such as flooding and coastal erosion/inundation).
24. The local board may
wish to express its views on:
a) whether
withdrawing in part PC78 has a positive, neutral or negative impact in terms of
climate-related matters
b) climate-related
matters associated with the draft replacement plan change.
Ngā whakaaweawe me
ngā tirohanga a te rōpū Kaunihera
Council group impacts and views
25. Views and
infrastructure constraints and opportunities have been taken into account.
Auckland Urban Development Office, Auckland Transport and Watercare Services
Limited staff contributed to confidential workshops in which potential choices,
risks and mitigations were discussed. Staff within the council have similarly
contributed, led by Planning and Resource Consents, but also including Policy,
Chief Economist’s Office, Legal and Healthy Waters and Flood Resilience.
Ngā whakaaweawe
ā-rohe me ngā tirohanga a te poari ā-rohe
Local impacts and local board views
26. The purpose of this
report is to obtain the views of the local board on the draft replacement plan
change and associated withdrawal in part of PC78.
27. Local board chairs
and portfolio leads were invited to participate in the seven Policy and
Planning Committee workshops regarding development of a potential replacement
plan change (held on 9, 16 and 30 April, 14 and 23 May, 25 June, and 6 August
2025).
28. All local board
members were briefed on the replacement plan change at an elected
members’ briefing on 18 July 2025. Local boards were updated on 8 August
2025 on the results of capacity modelling completed for a mid-June version of a
draft replacement plan change. The second briefing addressed:
· additional
changes required to address issues with capacity for development
· changes
to the provisions of the draft replacement plan change to manage the increased
levels of intensification
· application
of additional qualifying matters that limit intensification in some places
· a
review of the draft replacement plan change map viewer for local board areas,
which has since been updated further.
29. The views of the
local board will be provided at a meeting of the Policy and Planning Committee
in September 2025.
Tauākī whakaaweawe
Māori
Māori impact statement
30. Many issues raised
by iwi authorities in consultation on PC78, and raised in iwi
authorities’ PC78 submissions, may remain relevant to any replacement
plan change. As the replacement plan change would be a new plan change subject
to different statutory requirements, it creates new council obligations for
consultation with iwi authorities and participation. Iwi authorities may
identify new matters. This requires a fresh approach informed by lessons
learnt.
31. Consultation with
iwi authorities on how the AUP manages natural hazards started with hui in late
2023, progressing to hui on a possible replacement plan change on 21 and 22
July 2025. The consultation process is ongoing, and it is necessary to provide
iwi authorities with the draft replacement plan change to enable this to
continue.
32. Outcomes of iwi
authorities’ consultation on natural hazard matters, including issues of
concern, were twice reported to the council before decision making and
notification of PC78 in 2022 (Planning Committee reports 30 June 2022 and 4
August 2022).
33. Houkura members and
secretariat staff were invited to the confidential workshop series to date on
9, 16 and 30 April, 14 and 23 May, 25 June, and 6 August 2025.
Ngā ritenga
ā-pūtea
Financial implications
34. There are no
financial implications associated with the local board providing its views on
the matters discussed in this report.
Ngā raru tūpono me
ngā whakamaurutanga
Risks and mitigations
35. The draft
replacement plan change proposes significant changes to the urban parts of the
AUP. A key requirement (set by central government) has been to achieve the same
or more capacity for development as PC78. Therefore, both PC78 and the draft
replacement plan change both provide significantly more enabled capacity for
development than the AUP.
36. The draft
replacement plan change is intended to distribute this capacity across
Tāmaki Makaurau / Auckland in a more focused way with different
implications in different locations. There has been limited time to develop
provisions and to test them. Given the timeframes, there is limited time
available to undertake consultation with iwi authorities, and there is
insufficient time for engagement with the public.
37. The council has
previously sought to engage with the public on significant draft plan changes:
the absence of wider consultation creates a reputational risk. If a subsequent
decision is made to withdraw in part PC78 and notify a replacement plan change,
an extended timeframe for making submissions would be recommended when seeking
directions from the Minister for Resource Management Reform. It would also be
important to undertake a significant communications and engagement campaign to
ensure Aucklanders know about the proposed replacement plan change and the
opportunity to inform the final outcome by making a submission.
Ngā koringa ā-muri
Next steps
38. The views of local
boards, and any feedback from iwi authorities, central government ministries
and adjacent councils will be provided at a Policy and Planning Committee
meeting in September 2025. If the committee agrees to withdraw in part and
replace PC78, the proposed replacement plan change will be notified for
submissions in late October 2025.
39. Once submissions
have closed, staff will prepare a summary and report back to the local board so
it can express its views to the independent hearings panel.
Ngā tāpirihanga
Attachments
There are no Attachements
Ngā kaihaina
Signatories
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Author
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Ross Moffatt – Senior Principal
Planner
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Authorisers
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John Duguid - General Manager Planning and Resource
Consents
Oliver Roberts - Head of Governance Programmes and
Policies
Trina Thompson - Local Area Manager
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