Housing Emergency Response (Urgent Measures) Bill

DRAFT FOR CONSULTATION
Housing Emergency Response (Urgent Measures) Bill

Member’s Bill
Explanatory note
General policy statement

New Zealand has an under-supply of land available for houses and urban develop-
ment. This under-supply has built up over successive governments and resulted in our
cities becoming some of the most expensive places to live in the world relative to
incomes. Rapidly growing house prices are putting the dream of home ownership out
of reach for many New Zealanders, while unprecedented increases in rents are push-
ing down living standards and driving up hardship.
Our housing market is now the least affordable in the OECD. Between October 2017
and February 2021, New Zealand’s median house price went from $530,000 to
$780,000, a 47 per cent increase in just over three years.1 Bond lodgement data for
new tenancies reveals the median weekly cost of a new rental tenancy increased from
$400 to $500 over that same time period.2
The New Zealand planning system uses district plans to zone land for different pur-
poses, including residential housing. Different residential housing zones allow for dif-
ferent forms of housing to be built. For example, a residential zone may include pro-
visions permitting a set building height. Building a residential dwelling above the per-
mitted height would then require resource consent.
There is widespread agreement that our planning rules are primarily to blame for
housing supply not being sufficiently responsive to growing demand, and for our
1
See REINZ Monthly Property Report November 2017(https://reinz.co.nz/Media/Default/Statis-
tic%20Documents/2017/Residential/October/REINZ%20Monthly%20Property%20Report%20-
%20October%202017.pdf) and REINZ Monthly Property Report March 2021 (https://
www.reinz.co.nz/Media/Default/Statistic%20Documents/2021/Residential/February/REINZ
%20Monthly%20Property%20Report%20-%20February%202021.pdf).
2
See https://www.tenancy.govt.nz/about-tenancy-services/data-and-statistics/rental-bond-data/.
2 Housing Emergency Response (Urgent Measures) Bill Explanatory note
resulting high prices. In 1990, prior to the implementation of the Resource Manage-
ment Act (RMA), the median price of a house in New Zealand was just $200,000 in
today’s dollars, just a quarter of the current price. The Reserve Bank of New Zealand
recently stated:3
“High house prices in New Zealand largely reflect structural and regulatory issues
in New Zealand’s housing market. In particular, land use restrictions, such as urban
planning rules, limit the land available for housing and how intensively it can be
used. These land use restrictions impede the ability of the market to increase the
supply of houses when demand for houses increases. As a result, house prices tend
to increase more than otherwise in response to higher housing demand. Other sup-
ply-side issues include infrastructure planning, the building consent process, and
the cost of building.”
The objective of this Bill is to provide an urgent, temporary solution to the problem of
housing under-supply by freeing up more land for housing and reducing reliance on
the resource consenting process. It also aims to provide territorial authorities with
funding to support their infrastructure investments and incentivise an uplift in housing
supply.
The measures in the Bill are modelled on those successfully implemented to facilitate
the Christchurch rebuild following the 2010 and 2011 Canterbury earthquakes. The
Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014 was
made in July 2014. Planning powers were given back to Christchurch City in Febru-
ary 2019.4
The surge in housing supply in Christchurch enabled by the Order meant that between
2014 and 2019, despite the significant loss of houses caused by the earthquakes,
housing affordability actually improved in Christchurch while it deteriorated in the
rest of the country. While house prices rose by 7.4 per cent annually across New Zea-
land from July 2014 to March 2019, house prices only rose by 2.9 per cent annually
in Christchurch.
This is clear evidence that freeing up planning rules can result in immediate house
price relief. Even if new housing supply takes time to build, the signal that freeing up
planning rules sends to the market is immediate.
This Bill will require all territorial authorities to urgently review their existing district
plans to reduce the reliance on the resource consent process.
The Bill will achieve this by:
3
See RBNZ, Monetary Policy Statement November 2020, page 28 (https://www.rbnz.govt.nz/-/
media/ReserveBank/Files/Publications/Monetary%20policy%20statements/2020/
mpsnov20.pdf?revision=f5f62295-9f98-4dcc-8dc7-ad1b8b12a7ad)
4
Canterbury Earthquake (Christchurch Replacement District Plan) Order Revocation Order 2019
(LI 2019/16) (https://www.legislation.govt.nz/regulation/public/2019/0016/latest/whole.html).
Explanatory note Housing Emergency Response (Urgent Measures) Bill 3
• requiring councils to update their district plans to: reduce consenting require-
ments, provide development capacity at a level that exceeds demand by a mar-
gin of 15 percent over the next 30 years, and provide for a wide range of hous-
ing types and locations; and
• suspending the appeals process to ensure these new, pro-supply district plans
can be completed and put in place rapidly.
The Bill seeks to bring stability to the housing market by both allowing more houses
to be built and reducing the cost of new builds. When more land is zoned for housing
it means that developers have more choice on what land they buy and develop. Devel-
opers can purchase development-enabled land for a lower price and this leads to a
lower price paid for houses by home buyers.
Conversely, when only a small amount of land is zoned for housing, those that own it
are granted a near-monopoly on supply of land. This creates an opportunity to ‘land-
bank’ by holding land while it goes up in value, rather than selling it or developing it
immediately. Others may be in a situation where when their neighbourhood is zoned
for density, an escalation in land value occurs creating rapid changes in the character
of the neighbourhood. Even people who do not wish to sell their home and move
neighbourhood may find the development pressure strong.
Overall, zoning more land for density will mean less development pressure on indi-
vidual neighbourhoods and more flexibility for both land owners and developers to
develop land that they choose.
Infrastructure finance may be a barrier to councils zoning more land for housing. The
Bill provides a $50,000 infrastructure grant to local authorities for every new dwell-
ing they are able to consent over and above an historic baseline. This grant can pro-
vide a revenue stream for Councils to provide confidence that investment in infra-
structure can be paid for.
The changes to the RMA have an expiry of 4 years. This is to reflect the intention that
the measures are a temporary solution while more fundamental changes are made to
resource management law in New Zealand.
Clause by clause analysis

Clause 1 is the Title clause.
Clause 2 is the commencement clause and provides for the Bill to come into force on
the day after it receives the Royal assent.
Part 1
Preliminary provisions
Clause 3 provides for sections 6 and 7 and Parts 2 to 6 of the Bill to expire and
be repealed after 4 years.
Clause 4 is the purpose clause and identifies that the Bill’s purpose is to require cer-
tain territorial authorities to review and replace their district plans to facilitate an
4 Housing Emergency Response (Urgent Measures) Bill Explanatory note
increase in the supply of housing. It notes that to achieve this purpose the Bill modi-
fies the Resource Management Act 1991 (the RMA) to provide a streamlined
process.
Clause 5 is the interpretation clause and provides definitions of key terms, including
the terms council, existing district plan, and replacement district plan.
Clause 6 specifies the ways in which the application of the RMA is modified for the
purposes of the Bill.
Clause 7 provides for the application of the RMA to the functions and powers carried
out and exercised under this Bill unless modified by the Bill.
Clause 8 provides for transitional, savings and related provisions set out in Schedule
1.
Clause 9 provides that the Bill binds the Crown.
Part 2
Review of existing district plans
Clause 10 requires a council to review its existing district plan and develop proposals
for a replacement district plan, identifying the parts of the existing district plans that
are to be replaced.
Clause 11 sets out the requirements for replacement district plans, in particular that
they must facilitate an increase in the supply of housing by reducing consenting
requirements and ensuring sufficient development capacity and land for residential
activities.
Clause 12 provides for procedural matters relating to the review of existing district
plans and the development of replacement district plans, which are set out in Sched-
ule 2.
Part 3
Hearings panel
Clauses 13 to 16 make provision for the appointment, functions and powers of the
hearings panel, including the chairperson, and provide for the application of Sched-
ule 3 regarding appointments to the hearings panel. The panel must complete all its
obligations in accordance with terms of reference issued under clause 14.
Clauses 17 to 20 provide for hearings to be held and for the decision-making process
of the hearings panel, including having particular regard to the requirements in clause
11.
Clauses 21 to 23 provide for the approval of decisions of the hearings panel, and how
these decisions become operative. Clause 23 applies Schedule 4, which sets out fur-
ther provisions relating to the functions and powers of the hearings panel.
Explanatory note Housing Emergency Response (Urgent Measures) Bill 5
Part 4
Objections and appeals
Clause 24 provides a right of objection in relation to certain decisions of the hearings
panel.
Clause 25 sets out the rights of appeal. These are limited to a right of appeal on ques-
tions of law to the High Court that only apply to the Minister, the relevant council,
and submitters (in relation to the matter of the submission only).
Part 5
Requests for changes to existing district plan or replacement district
plan
Clauses 26 to 28 relate to requests for changes or withdrawal of a request.
Clause 29 provides a power for a council to recover costs incurred in carrying out its
functions under this Part.
Part 6
Application of Local Government Official Information and Meetings
Act 1987
Clause 30 applies the Local Government Official Information and Meetings Act
1987, with the necessary modifications, to the hearings panel as if it were a board of
inquiry conducting a hearing under the RMA.
Part 7
Housing infrastructure development fund
Clauses 31 to 36 provide for a housing infrastructure development fund to facilitate
an increase in housing supply by contributing to territorial authorities’ infrastructure
development costs arising from additional dwellings in their districts.
Hon Judith Collins

Member’s Bill
Contents
Page
1 Title 3
2 Commencement 3
Part 1
3 Repeal of sections 6 and 7 and Parts 2 to 6 3
4 Purpose 3
5 Interpretation 4
6 Modification of RMA 5
7 Application of RMA 6
8 Transitional, savings, and related provisions 7
9 Act binds the Crown 7
Part 2
10 Councils to review and replace existing district plans 7
11 Requirements for replacement district plans 8
12 Procedural matters applying to the review of the existing district 8
plans
Part 3
Hearings panel
Subpart 1—Hearings panel established
13 Hearings panel and chairperson 8
14 Terms of reference 9
15 Functions and powers of hearings panel 9
16 Application of Schedule 3 10
1
Subpart 2—Jurisdiction of hearing panel

17 Hearings and decisions on proposals 10
18 Decisions on proposals (other than in relation to requirements) 10
19 Considerations relevant to decision making 11
20 Environmental Protection Authority may provide support to 12
hearings panel
Subpart 3—decisions of hearings panel
21 Proposal deemed to be approved 12
22 Council must make decisions of hearings panel operative 12
23 Application of Schedule 4 13
Part 4
24 Objection rights 13
25 Appeals only on questions of law 13
Part 5
Requests for changes to existing district plan or replacement
district plan
26 Request for change 14
27 Decision on request for change 14
28 Withdrawal of requests 15
29 Administrative charges 15
Part 6
Application of Local Government Official Information and
Meetings Act 1987
30 Application of Local Government Official Information and 16
Meetings Act 1987
Part 7
31 Purpose of this Part 16
32 Interpretation 16
33 Determination of new dwelling consents 16
34 Housing infrastructure development fund established 17
35 Payments from housing infrastructure development fund 17
36 Consequential amendment to Kāinga Ora–Homes and 17
Communities Act 2019
Schedule 1 18
Transitional, savings, and related provisions
Schedule 2 19
Process for reviewing existing district plan and preparing
replacement district plan
2
Housing Emergency Response (Urgent Measures) Bill Part 1 cl 4
Schedule 3 24
Further provisions on appointments to hearings panel
Schedule 4 27
Provisions relating to functions and powers of hearings panel
Schedule 5 37
Form
Schedule 6 39
Threshold new dwelling consent numbers for territorial
authorities
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Housing Emergency Response (Urgent Measures) Act 2021.
2 Commencement
This Act comes into force on the day after the date on which it receives the
Royal assent.
Part 1
3 Repeal of sections 6 and 7 and Parts 2 to 6
Sections 6 and 7 and Parts 2 to 6 are repealed on the expiry of the period
ending on the day that is 4 years after the date on which this Act comes into
force.
4 Purpose
(1) The purpose of this Act is to increase the supply of housing.
(2) In order to achieve that purpose, this Act—
(a) temporarily modifies the Resource Management Act 1991 to provide a
streamlined process to review the existing district plans and for the prep-
aration of a comprehensive replacement district plan for each district;
and
(b) requires specified territorial authorities to review and replace their dis-
trict plans in accordance with the streamlined process and in a way that
reduces reliance on the resource consenting process by reducing zoning
controls; and
(c) provides a mechanism through which all territorial authorities may
access funding to support the development of infrastructure to support
housing growth.
3
Part 1 cl 5 Housing Emergency Response (Urgent Measures) Bill
5 Interpretation
(1) In this Act, unless the context otherwise requires,—
applicable timeframe, in respect of a council, means—
(a) for a tier 1 authority, within 40 working days of this Act coming into
force:
(b) for a tier 2 authority, within 6 months of this Act coming into force:
(c) for a designated authority, within 6 months of being designated under
this Act
council means any of the following:
(a) a tier 1 authority:
(b) a tier 2 authority:
(c) a designated authority
designated authority means a territorial authority (not being a tier 1 or tier 2
authority) that is declared by the Minister to be a designated authority in
accordance with a request for designation by that territorial authority
existing district plan means the district plan for a district that is operative
immediately before the commencement of this Act
hearing means any hearing or part of a hearing conducted by the hearings
panel under this Act
hearings panel means the panel appointed under section 13
Minister means the Minister who is, under the authority of any warrant or
under the authority of the Prime Minister, responsible for the administration of
this Act
proposal —
(a) means a proposal or part of a proposal that—
(i) has been notified by a council under Schedule 2 for incorpor-
ation into the replacement district plan; but
(ii) has not become operative under section 22; and
(b) includes a requirement
requirement means a designation or heritage order (with or without modifica-
tion) or a requirement for a designation or heritage order that is included in a
proposal under clause 4 of Schedule 2
replacement district plan means the district plan for a district that is prepared
and made operative in accordance with this Act as a replacement for an exist-
ing district plan
RMA means the Resource Management Act 1991
tier 1 authority means the following territorial authorities:
(a) Auckland Council:
4
(b) Hamilton City Council:

(c) Waikato District Council:
(d) Waipā District Council:
(e) Tauranga City Council:
(f) Western Bay of Plenty District Council:
(g) Wellington City Council:
(h) Porirua City Council:
(i) Hutt City Council:
(j) Upper Hutt City Council:
(k) Kāpiti Coast District Council:
(l) Christchurch City Council:
(m) Selwyn District Council:
(n) Waimakariri District Council
tier 2 authority means the following territorial authorities:
(a) Whangarei District Council:
(b) Rotorua District Council:
(c) New Plymouth District Council:
(d) Napier City Council:
(e) Hastings District Council:
(f) Palmerston North City Council:
(g) Nelson City Council:
(h) Tasman District Council:
(i) Queenstown Lakes District Council:
(j) Dunedin City Council:
territorial authority has the meaning given in section 5(1) of the Local Gov-
ernment Act 2002.
(2) The modifications to the RMA made by this Act do not affect the text of the
RMA, but require that Act to be read as if it had been amended in the manner
indicated by this Act.
(3) Except in Part 7, unless the context otherwise requires, a term that is defined
in the Resource Management Act 1991 and not otherwise defined in this Act
has the meaning given in that Act.
6 Modification of RMA
(1) Within the applicable time frame,—
(a) a council must not notify a proposed plan under Schedule 1 of the RMA:
5
(b) Schedule 1 and section 37 of the RMA do not apply to a council acting
under this Act:
(c) Part 2 of Schedule 1 of the RMA does not apply (except in respect of
any change to a policy statement):
(d) Section 10 applies to the council instead of section 79 of the RMA.
(2) Nothing in this Act affects—
(a) a request for a change to an existing district plan made under clause 21
of Schedule 1 of the RMA if a council had made a decision on the
request under clause 25 of Schedule 1 of the RMA before the com-
mencement of this Act:
(b) a change notified under Schedule 1 of the RMA before the commence-
ment of this Act.
(3) Any change to an existing district plan that is made operative by a council
under clause 20 of Schedule 1 of the RMA while this Act is in force is deemed
to be part of the relevant replacement district plan.
(4) A council may make changes of minor effect to a change referred to in sub-
section (3) without using the process set out in Schedule 1 of the RMA or in
this Act.
(5) If a requiring authority or heritage protection authority gives notice of a
requirement under Part 8 of the RMA before the commencement of this Act or
while it is in force and the requirement is determined under Part 8 of the RMA,
sections 175 and 192 of that Act apply, subject to references in those provisions
to a proposed district plan being treated as references to a replacement district
plan under this Act.
(6) Unless subsection (2)(a) applies, a council must not process, or make deci-
sions on, requests for changes to an existing district plan received under clause
21 of Schedule 1 of the RMA before the commencement of this Act.
(7) The following provisions of the RMA do not apply to a rule contained in a pro-
posal notified under this Act:
(a) section 86B(1)(b) and (c), (2), and (4); and
(b) sections 86C and 86D; and
(c) section 86E(1)(b).
7 Application of RMA
(1) The RMA applies to the functions and powers provided for by this Act, except
to the extent that this Act modifies the provisions or application of the RMA.
(2) The following matters are to be treated in the manner specified for each:
(a) a proposal notified under clause 5 of Schedule 2 is to be treated as if it
were a proposed district plan notified under clause 5 of Schedule 1 of the
RMA:
6
(b) a requirement included in a proposal under clause 4 of Schedule 2 is to

be treated as if it had been included in a proposed district plan under
clause 4 of Schedule 1 of the RMA:
(c) a decision of the hearings panel notified by a council under clause 15 of
Schedule 4 is to be treated as if it were a decision made and notified by
a local authority under clause 10 of Schedule 1 of the RMA:
(d) a proposal or part of a proposal that becomes operative under section
22 is to be treated as if it were a district plan or part of a district plan
under the RMA:
(e) a provision of a replacement district plan that gives effect to a require-
ment is to be treated as if it were a designation or heritage order under
the RMA.
(3) Sections 85 and 85B of the RMA apply as if references in those sections to a
submission were references to a submission made under Schedule 2 of this
Act.
8 Transitional, savings, and related provisions

The transitional, savings, and related provisions (if any) set out in Schedule 1
have effect according to their terms.
9 Act binds the Crown

This Act binds the Crown.
Part 2
10 Councils to review and replace existing district plans
(1) Within the applicable timeframe, a council must, in the manner required by this
Act,—
(a) undertake a full review of the operative provisions of its existing district
plan; and
(b) develop a replacement district plan by preparing and notifying proposals
for the replacement district plan, including identifying the parts of an
existing district plan that are to be replaced by proposals for the replace-
ment district plan.
(2) In reviewing its existing district plan and preparing proposals for the replace-
ment district plan, a council must have particular regard to the requirements set
out in section 11.
(3) Despite section 6(6), in reviewing its existing district plan, a council must
consider—
(a) any requests described in that subsection; and
7
(b) whether to make provision for those requests.

(4) Any action taken under subsection (1) before the commencement of this Act
is to be treated as having been taken under and in accordance with this section,
except to the extent that clause 3(2) of Schedule 2 applies.
11 Requirements for replacement district plans

A replacement district plan must facilitate an increase in the supply of housing,
including by—
(a) significantly reducing (compared with an existing district plan)—
(i) reliance on resource consent processes; and
(ii) the number, extent, and prescriptiveness of development controls
and design standards in the rules, in order to encourage innovation
and choice; and
(iii) the requirements for notification and written approval:
(b) ensuring that a district plan has capacity to accommodate a year-on-year
increase in dwellings to meet the accommodation needs of the district
while—
(i) having regard to constraints on environmental capacity, particu-
larly with regard to natural hazards; and
(ii) providing for a wide range of housing types and locations:
(c) zoning sufficient and suitable land for residential activities to provide
development capacity at a level that exceeds expected demand by a mar-
gin of 15 percent over the next 30 years.
12 Procedural matters applying to the review of the existing district plans

Schedule 2 sets out procedural matters applying to the review of existing dis-
trict plans and development of replacement district plans required by section
10(1).
Part 3
Hearings panel
Subpart 1—Hearings panel established
13 Hearings panel and chairperson
(1) The Minister must establish a hearings panel to hear submissions and make
decisions on any proposal notified under clause 5 of Schedule 2.
(2) The Minister must appoint—
(a) a chairperson of the hearings panel, who may be a current, former, or
retired Environment Judge or a retired High Court Judge; and
8
(b) not fewer than 2 other members and not more than 20 other members.
(3) In appointing the members of the hearings panel, the Minister must consider
the need for the panel to have available to it, from its members, knowledge,
skill, and experience relating to—
(a) the RMA; and
(b) tikanga Māori; and
(c) economics.
(4) Before appointing persons to be members of the hearings panel, the Minister
must consult—
(a) the Leader of the Opposition on the persons proposed to be members of
the panel; and
(b) the chairperson on the date or dates when the appointments are to be
made.
(5) Despite clause 3 of Schedule 3 (which relates to the powers of the chair-
person), until the members of the hearings panel are appointed under subsec-
tion (2)(b), the chairperson’s jurisdiction is limited to determining only the
matters described in clause 4(4) of Schedule 4 (subject to any obligations
specified in terms of reference under section 14).
14 Terms of reference
(1) The Minister must, after consulting the Leader of the Opposition, set terms of
reference for the hearings panel.
(2) The terms of reference for the hearings panel under subsection (1) may spe-
cify the matters and time limits referred to in clause 4(4) of Schedule 4 for
the purpose of ensuring the efficiency and effectiveness of the hearings panel
and that it completes the performance of its functions in a timely manner.
(3) The Minister may, after consulting the Leader of the Opposition, amend the
terms of reference for the hearings panel.
15 Functions and powers of hearings panel

(1) The principal functions of the hearings panel are to—
(a) hold hearings on submissions on proposals that have been notified under
clause 5 of Schedule 2; and
(b) make decisions in relation to those proposals as required by sections
17 to 19.
(2) The hearings panel has the powers set out in this Act for the purposes of, or
incidental to, carrying out its functions under this Act.
(3) The hearings panel must determine its own procedures, except—
(a) as set out in clause 3 of Schedule 3; or
(b) as otherwise provided for in this Act.
9
16 Application of Schedule 3
Schedule 3 sets out further provisions relating to the hearings panel.
Subpart 2—Jurisdiction of hearing panel

17 Hearings and decisions on proposals
(1) The hearings panel must, in respect of each council,—
(a) hold a hearing on submissions on that council’s proposal; and
(b) as soon as practicable after the close of the hearing,—
(i) in the case of a requirement, make a draft decision and final deci-
sion; and
(ii) in the case of all other provisions of a proposal, make a decision;
and
(iii) in both cases, report on the decision or draft decision in accord-
ance with Schedule 4.
(2) The hearings panel must complete its obligations under subsection (1) within
the time limits specified in any terms of reference given under section 14.
18 Decisions on proposals (other than in relation to requirements)

(1) This section applies to the making of decisions on proposals other than in rela-
tion to requirements.
(2) In making a decision on a proposal, the hearings panel—
(a) may make any changes to the proposal that it considers appropriate:
(b) is not limited to making changes within the scope of the submissions
made on the proposal.
(3) After having regard to the parts of that council’s existing district plan identified
for replacement by a council under section 10(1)(b), the hearings panel must
identify the parts of an existing district plan that are to be replaced by proposals
for a replacement district plan.
(4) If the hearings panel considers that changes are needed to deal with matters
that are, in a material way, outside the scope of a proposal notified by a council
and to deal with submissions on it, the panel must direct the relevant council
to—
(a) prepare and notify a new proposal; and
(b) invite submissions on the new proposal in accordance with Schedule 2.
(5) While the hearings panel is considering a proposal, it may reconsider any deci-
sion it has already made on another proposal by the same council if it considers
it is necessary or desirable to do so to ensure that a replacement district plan is
coherent and consistent.
10
(6) If the hearings panel considers, after reconsidering a decision under subsec-
tion (5), that an earlier proposal or a part of a replacement district plan
requires change, the panel may direct the relevant council—
(a) to make changes of no more than minor effect; or
(b) to prepare and notify a new proposal, and invite submissions on the new
proposal in accordance with Schedule 2.
(7) If a council is directed by the hearings panel under subsection (4) or (6),—
(a) the council must comply with—
(i) the provisions of Schedule 2 (other than clauses 3 and 4 of
that schedule); and
(ii) any time limits specified by the panel; and
(b) the hearings panel must comply with this section, section 17, and
Schedule 4.
(8) Section 17(2) applies to the obligations of the hearings panel under this
clause.
19 Considerations relevant to decision making

(1) In making decisions on proposals, the hearings panel must—
(a) have regard to the information provided to the panel under clause 9 of
Schedule 2; and
(b) have regard to any reports prepared under clause 3(4), 8(1), or 9(3) of
Schedule 4; and
(c) take account of any outcomes reported under clause 10(4) of Sched-
ule 4; and
(d) have particular regard to the requirements in section 11.
(2) In making a decision on a requirement, the hearings panel must,—
(a) in relation to a designation or requirement for a designation, comply
with section 171 of the RMA as if the panel were a territorial authority;
and
(b) in relation to a heritage order or requirement for a heritage order, comply
with section 191 of the RMA as if the panel were a territorial authority;
and
(c) treat all references to a recommendation in sections 171 and 191 of the
RMA as references to a decision.
(3) In making a decision on an existing designation or heritage order that is inclu-
ded in a proposal without modification, and on which no submissions are
received, the hearings panel—
(a) must confirm the designation or heritage order; but
11
(b) must not alter, or impose new conditions on, the designation or heritage
order.
(4) In making decisions on all other provisions of a proposal, the hearings panel
must—
(a) undertake, and have particular regard to, a further evaluation of the pro-
posal prepared in accordance with section 32AA of the RMA; and
(b) apply sections 74 to 77D and 85B of the RMA as if it were the council.
20 Environmental Protection Authority may provide support to hearings

panel
The Environmental Protection Authority may provide administrative and tech-
nical support to the hearings panel for as long as may reasonably be required,
including (without limitation)—
(a) managing the hearings process by providing an interim hearings man-
ager:
(b) providing technical support associated with hosting the hearings panel’s
Internet site:
(c) administering the payment of fees, expenses, and other amounts payable
to members of the hearings panel:
(d) administering the payment of fees, expenses, and other amounts payable
in respect of the provision of legal advice to the panel.
Subpart 3—decisions of hearings panel

21 Proposal deemed to be approved
(1) This section applies once a council has given public notice under clause 15 of
Schedule 4 of the decision of the hearings panel on a proposal.
(2) The proposal is deemed to have been approved by the council under clause
17(1) of Schedule 1 of the RMA on and from—
(a) the date on which the appeal period expires, if no appeals relating to the
proposal are made under section 25; or
(b) the date on which all appeals, including further appeals, relating to the
proposal are determined, if appeals are made under section 25.
22 Council must make decisions of hearings panel operative

(1) As soon as is reasonably practicable after the date that a proposal is deemed to
have been approved, the relevant council must make the proposal operative as
part of its replacement district plan by giving public notice in accordance with
clause 20 of Schedule 1 of the RMA.
(2) On and from the day on which a proposal is made operative under subsection
(1), that proposal replaces any part of the existing district plan that were identi-
12
fied in the report of the hearings panel required by clause 13(1)(c) of

Schedule 4.
(3) The obligation on a council under subsection (1) does not limit the applica-
tion of section 86F of the RMA (which relates to rules being treated as opera-
tive).
23 Application of Schedule 4
Schedule 4 sets out the procedural matters relevant to the functions and
powers of the hearings panel.
Part 4
24 Objection rights
(1) A person who makes a submission on a proposal has a right of objection to the
hearings panel in relation to—
(a) a decision of the hearings panel under clause 3(6) of Schedule 4 to
decline to consider the person’s submission:
(b) a decision of the hearings panel to strike out the whole or a part of the
person’s submission under clause 7(1)(e) of Schedule 4.
(2) An objection must be made by notice in writing, setting out the reasons for the
objection, not later than 5 working days after the decision is notified to the per-
son or any longer time allowed by the hearings panel.
(3) The hearings panel must—
(a) consider the objection as soon as practicable; and
(b) hold a hearing on the objection, after giving the objector not less than 5
working days’ notice of the date, time, and place for the hearing.
(4) After the hearing, the hearings panel must—
(a) dismiss or uphold the objection in whole or in part; and
(b) inform the objector in writing of the panel’s decision and the reasons for
it.
(5) A decision of the hearings panel under this clause is final and there is no right
of appeal against it.
25 Appeals only on questions of law

(1) The persons or bodies listed in subsection (2) may appeal to the High Court
against a decision of the hearings panel made under section 17(1)(b).
(2) The persons or bodies are—
(a) the Minister:
(b) the relevant council:
13
(c) a submitter on the relevant proposal, but only in relation to matters

raised in their submission.
(3) An appeal under this section is available only on a question of law.
(4) In relation to a decision on a requirement, the following persons also have a
right of appeal on questions of law—
(a) the relevant requiring authority or heritage protection authority; and
(b) the owners and occupiers of land who are directly affected by the deci-
sion.
(5) Notice of an appeal must be filed with the High Court and served on the rele-
vant council not later than 20 working days after the council notifies the deci-
sion of the hearings panel under clause 15 of Schedule 4.
(6) Except as otherwise provided in this Act, sections 299(2) and 300 to 307 of the
RMA apply, with all necessary modifications, to an appeal under this section.
(7) Section 308 of the RMA applies in respect of an appeal from a decision of the
High Court.
Part 5
Requests for changes to existing district plan or replacement district
plan
26 Request for change
(1) Any person may request a change to an existing district plan or a replacement
district plan.
(2) A request must be made to the relevant council in writing, and must—
(a) set out the purpose of the proposed change and the reasons for making
the request; and
(b) include an evaluation prepared in accordance with section 32 of the
RMA; and
(c) specify the environmental effects anticipated from the proposed change,
taking into account the provisions of Schedule 4 of the RMA in the
detail that corresponds with the scale and significance of the actual or
potential effects anticipated from implementing the change.
(3) A council must, not later than 10 working days after receiving a request, pro-
vide the request to the hearings panel.
27 Decision on request for change

(1) Not later than 20 working days after receiving a request under section 26(3),
the hearings panel must decide whether to accept or reject the request.
(2) In making its decision, the hearings panel must have particular regard to the
evaluation provided under section 26(2)(b).
14
(3) If the hearings panel accepts the request, it must direct a council to notify the
request as a proposal, in accordance with clause 5 of Schedule 2, within the
time that the hearings panel specifies.
(4) The hearings panel may reject a request on the grounds that the request or part
of it—
(a) is frivolous or vexatious; or
(b) does not accord with sound resource management practice; or
(c) would make a replacement district plan inconsistent with Part 5 of the
RMA or this Act.
(5) The hearings panel may also reject a request if—
(a) the hearings panel considers that it has insufficient information to enable
it to consider or approve the request; or
(b) the substance of the request—
(i) is included in a proposal that has been notified under this Act; or
(ii) has been given effect to or rejected by the hearings panel under
this Act.
(6) If a council is directed by the hearings panel under subsection (3),—
(a) the council must comply with—
(i) the provisions of Schedule 2 (other than clauses 3 and 4 of
that schedule); and
(ii) any time limits specified by the panel; and
(b) the hearings panel must comply with this section, any time limits speci-
fied in any terms of reference given under section 14, and Schedule
4.
28 Withdrawal of requests
(1) A person who has made a request under section 26 may withdraw the request
at any time before the hearing panel’s decision is notified by the council under
clause 15 of Schedule 4.
(2) If a council has reasonable grounds to consider that a person who has made a
request no longer wishes to continue with it, the council may give written
notice to the person that, unless the person confirms within 10 working days
that they intend to continue with the request, the council deems the request to
have been withdrawn.
29 Administrative charges
(1) Section 36 of the RMA applies, as far as it is relevant, to the functions of the
council under section 26 to 28.
(2) A council may recover its costs in carrying out its functions under sections
26 to 28.
15
Part 6
Application of Local Government Official Information and Meetings
Act 1987
30 Application of Local Government Official Information and Meetings Act
1987
The Local Government Official Information and Meetings Act 1987 applies,
with the necessary modifications, to the hearings panel as if it were a board of
inquiry with authority to conduct a hearing under section 149J of the RMA.
Part 7
31 Purpose of this Part
The purpose of this Part is to establish a fund to create an effective fiscal incen-
tive for territorial authorities to increase housing supply in their districts by
contributing to an authority’s infrastructure development costs.
32 Interpretation
In this Part, unless the context otherwise requires,—
Kāinga Ora–Homes and Communities means Kāinga Ora–Homes and Com-
munities established under section 8 of the Kāinga Ora–Homes and Communi-
ties Act 2019
financial year means a period of 12 months commencing on 1 July and ending
with 30 June
number of new dwelling consents means the actual number of new dwellings
consented as determined by the Statistician under section 33
Statistician has the meaning given to it by section 2 of the Statistics Act 1975.
33 Determination of new dwelling consents

(1) The Statistician must determine the number of new dwelling consents issued
by each territorial authority in a financial year in accordance with section 35.
(2) The Statistician must decide the following to be used in the determination
under subsection (1):
(a) concepts or terms (for example, classifications or definitions); and
(b) the data and statistical methodology.
(3) The provisions of the Statistics Act 1975 that relate to official statistics apply to
the Statistician, in performing duties or functions under this Part unless this Act
provides otherwise or those provisions are inconsistent with this Act.
16
34 Housing infrastructure development fund established

(1) Kāinga Ora–Homes and Communities must establish a fund to facilitate an
increase in housing supply by contributing to territorial authorities’ infrastruc-
ture development costs arising from additional dwellings in their districts.
(2) In each year, out of an appropriation by Parliament for the purpose, the fund
must be paid a general grant.
35 Payments from housing infrastructure development fund

(1) As soon as practicable after the end of a financial year, the Statistician must
determine, under section 33, the number of new dwelling consents issued by
each territorial authority in that financial year and report those numbers to
Kāinga Ora–Homes and Communities.
(2) Kāinga Ora–Homes and Communities must pay each territorial authority an
amount calculated in accordance with the following formula:
(a-b) x $c = $d
where—
a is the number of new dwelling consents issued by the territorial author-
ity
b is the threshold number for that territorial authority specified in Sched-
ule 6
$c is $50,000
$d is the payment amount.
(3) Despite subsection (2), in any case where the number of new dwelling con-
sents issued by a territorial authority in the financial year is less than the
threshold number for that territorial authority specified in Schedule 6, the
amount payable from the fund is zero.
(4) Kāinga Ora–Homes and Communities must make the payment required under
subsection (2) within 3 months of having received the Statistician’s deter-
mination under subsection (1).
36 Consequential amendment to Kāinga Ora–Homes and Communities Act

2019
(1) This section amends the Kāinga Ora–Homes and Communities Act 2019.
(2) After section 13(1)(e), insert:
(ea) to administer the housing infrastructure development fund established
under section 34 of the Housing Emergency Response (Urgent Meas-
ures) Act 2021:
17
Schedule 1 Housing Emergency Response (Urgent Measures) Bill
Schedule 1
Transitional, savings, and related provisions
s8
Part 1
Provisions relating to this Act as enacted
There are no transitional, savings, or related provisions relating to this Act as enacted.
18
Housing Emergency Response (Urgent Measures) Bill Schedule 2
Schedule 2
Process for reviewing existing district plan and preparing
replacement district plan
s 12
Contents
Page
1 Consultation when undertaking review and replacement 19
2 Evaluation report 19
3 Changes in response to comments from Minister 20
4 Process for inclusion of requirements in replacement district plan 20
5 Public notification of proposals 22
6 Submissions 22
7 Public notice of submissions and right to make further submission 22
8 Further submissions 23
9 Information to be supplied to hearings panel 23
1 Consultation when undertaking review and replacement

(1) This clause applies when a council reviews its existing district plan and pre-
pares proposals (other than requirements) under section 10(1) of this Act.
(2) A council must consult—
(a) the Minister; and
(b) any other Ministers of the Crown whose responsibilities may be affected
by a replacement district plan; and
(c) the relevant Regional Council; and
(d) any relevant iwi authority.
(3) A council may consult any other person during the process of reviewing its
existing district plan and preparing proposals (other than requirements).
(4) A council must carry out consultation—
(a) with the persons specified in subclause (2) in the manner agreed with
those persons; and
(b) under subclause (3) in accordance with section 82 of the Local Gov-
ernment Act 2002.
(5) Consultation carried out with the persons referred to in subclauses (2) and
(3) before the commencement of this Act on any proposal that becomes part of
a replacement district plan is consultation for the purposes of this clause.
2 Evaluation report
(1) Before publicly notifying a proposal (other than a requirement), a council
must—
19
(a) prepare a draft proposal that complies with Part 5 of the RMA; and
(b) prepare an evaluation report on a draft proposal in accordance with sec-
tion 32 of the RMA; and
(c) have particular regard to that report when deciding whether to proceed
with a draft proposal.
(2) An evaluation report may not be challenged other than in a submission lodged
under this schedule.
(3) Subclause (2) applies instead of section 32A of the RMA.
3 Changes in response to comments from Minister

(1) If a council decides to proceed with a draft proposal (other than a requirement),
it must provide a copy of the draft to the Minister, who may, within 15 working
days of receiving the copy, provide comments with reasons to the council.
(2) If the Minister considers that a council’s draft proposal has not met the require-
ments in section 11, the Minister may make comments under subclause (1)
on how they consider the requirements could be met in the proposal.
(3) A council—
(a) must have particular regard to any comments provided by the Minister;
and
(b) may modify its draft proposal—
(i) in response to the Minister’s comments:
(ii) to correct minor errors.
(4) Before notifying the draft proposal, a council must give written notice to the
Minister summarising its response to the comments and the reasons for the
response.
(5) A council is not required to prepare a further evaluation report if it modifies a
draft proposal in response to the Minister’s comments.
4 Process for inclusion of requirements in replacement district plan

(1) Not later than the relevant period specified in subclause (2), a council must
issue a written request to requiring authorities to give written notice to the
council of any designations that should be included in a proposal.
(2) The relevant period for the purposes of subclause (1) is—
(a) for a tier 1 authority, within 5 working days of this Act coming into
force:
(b) for a tier 2 authority, within 1 month of this Act coming into force:
(c) for a designated authority, within 1 month of being designated under this
Act.
(3) A council—
20
(a) must specify the date by which requiring authorities must respond,
which must not be earlier—
(i) than 5 working days after the request is issued in respect of a tier
1 authority; or
(ii) than 30 working days after the request is issued in any other case;
and
(b) must not notify a draft proposal before the date specified under para-
graph (a).
(4) If written notice is not received from a requiring authority by the date speci-
fied, the designation must not be included in the proposal.
(5) If a requiring authority wishes to have a designation included with modifica-
tions in the proposal, the requiring authority must specify in its written notice
to the council the modifications required and the reasons for them.
(6) A council must, in the proposals notified under section 10(1)(b) of this Act,
make provision for—
(a) any designation it receives notice of under this clause; and
(b) any existing heritage orders.
(7) A council may include in a proposal—
(a) requirements for designations or heritage orders for which the council
has responsibility; and
(b) existing designations or heritage orders, with or without modifications,
for which the council has responsibility.
(8) Subclause (9) applies if a council—
(a) is given notice of a requirement for a designation under section 168 of
the RMA or a heritage order under section 189 of the RMA; and
(b) proposes to give public notice of a proposal under clause 5 of this
schedule within 50 days of receiving the requirement.
(9) A council may, with the consent of the requiring authority or heritage protec-
tion authority, include the requirement in a proposal instead of complying with
section 169 or 190 of the RMA.
(10) If a council includes a requirement in a proposal, the council must make rele-
vant information about the requirement available for public inspection.
(11) A requiring authority that has given written notice to a council under this
clause may withdraw the requirement in accordance with section 168(4) of the
RMA, and the council must, as soon as is reasonably practicable, amend the
proposal accordingly, without applying the process in this Act.
(12) If a council issues a written request of the kind referred to in subclause (1) to
a requiring authority before the commencement of this Act, the request must be
treated as if it were given under this Act.
21
5 Public notification of proposals

(1) After a council has considered any comments on a draft proposal received from
Minister under clause 3 of this schedule, it must—
(a) give public notice of the draft proposal as provided for in subclause
(2); and
(b) if the proposal includes a requirement, give notice to any land owners
and occupiers who, in the council’s opinion, are likely to be directly
affected.
(2) The public notice required by subclause (1) must be given in the form set out
in Schedule 5.
(3) After a proposal has been notified under this Act, the council must not amend
or withdraw any provisions of the proposal, except as provided for by section
18(4) of this Act and clause 4(11) of this schedule.
6 Submissions
(1) When a proposal is publicly notified under clause 5 of this schedule, the rele-
vant council and any person may make a submission to the hearings panel on
the proposal not later than—
(a) 10 working days after the date on which public notice was given in
respect of a tier 1 authority; or
(b) 30 working days after the date of the public notice given in any other
case.
(2) However, if a person could gain an advantage in trade competition through
making a submission, that person may make a submission only if the person is
directly affected by an effect of the proposal that—
(a) adversely affects the environment; and
(b) does not relate to trade competition or the effects of trade competition.
7 Public notice of submissions and right to make further submission

(1) Not later than 10 working days after the closing date for submissions stated in
the notice given under clause 5(1) of this schedule, a council must—
(a) give public notice that submissions are available for inspection, and
invite further submissions; and
(b) publish the submissions on its Internet site.
(2) The public notice given under subclause (1) must state—
(a) where the submissions may be inspected; and
(b) the closing date for further submissions, which must be not later than 10
working days after the date of the public notice; and
(c) the persons who may make further submissions, as specified in sub-
clause (3); and
22
(d) any limitations applying to the content and form of any further submis-
sion.
(3) The persons referred to in subclause (2)(c) are—
(a) the Minister:
(b) any person representing a relevant aspect of the public interest:
(c) any person that has an interest in the proposal greater than the interest
that the general public has:
(d) the council.
8 Further submissions
(1) A person making a further submission must serve a copy of it—
(a) on the relevant council; and
(b) not later than 5 working days after the copy is served on the council, on
the person who made the submission to which the further submission
relates.
(2) A further submission must be limited to a matter in support of, or in opposition
to, the relevant submission made under clause 6 of this schedule.
(3) A council must publish any further submissions on its Internet site not later
than 10 working days after the closing date for the further submissions.
9 Information to be supplied to hearings panel

(1) As soon as is reasonably practicable after a proposal has been notified, a coun-
cil must provide copies of the following documents and information to the
hearings panel:
(a) a copy of the relevant proposal; and
(b) the council’s evaluation report referred to in clause 2(1)(b) of this
schedule; and
(c) any notice of, or information about, a requirement; and
(d) any other information that the council considers to be relevant.
(2) As soon as is reasonably practicable after a council receives any submissions
on a proposal (including submissions received after the closing date specified
under clause 6 or 7 of this schedule), the council must provide them to the
hearings panel.
23
Schedule 3
Further provisions on appointments to hearings panel
s 16
Contents
Page
1 Appointments to hearings panel 24
2 When member ceases to hold office 24
3 Powers of chairperson 25
4 Remuneration, allowances, and expenses of members of hearings 25
panel
5 Liability of members of hearings panel 26
1 Appointments to hearings panel

(1) The Minister must give a person appointed as a member of the hearings panel
written notice stating—
(a) the date on which the appointment takes effect; and
(b) the terms of reference for the hearings panel.
(2) The term of appointment for the hearings panel continues until the panel has
completed the performance of its functions and duties and the exercise of its
powers under this Act, including any appeals that are filed in any court.
2 When member ceases to hold office

(1) A member of the hearings panel remains a member of the panel until the earli-
est of the following:
(a) they die:
(b) they resign by giving 20 working days’ written notice to the Minister:
(c) they are removed under subclause (2):
(d) the hearings panel ceases to exist.
(2) The Minister may, at any time for just cause, remove a member by written
notice to the member (with a copy to the hearings panel), stating—
(a) the date on which the removal takes effect, which must not be earlier
than the date on which the notice is received by the member; and
(b) the reasons for the removal.
(3) The Minister may appoint a member to replace a member who ceases to hold
office under subclause (1) or (2).
(4) Section 13(4) of this Act applies to members appointed under subclause
(3).
24
(5) A member of the hearings panel is not entitled to any compensation or other
payment or benefit relating to their ceasing, for any reason, to hold office as a
member.
(6) In subclause (2), just cause includes misconduct, inability to perform the
functions of office, neglect of duty, and breach of the collective duties of the
hearings panel or the individual duties of members.
3 Powers of chairperson
(1) The chairperson of the hearings panel has the power—
(a) to decide how many, and which, members of the hearings panel are to be
present at each hearing or pre-hearing:
(b) to direct that members sit as 2 or more hearings panels and appoint a
member of each panel to act as chairperson for each panel:
(c) to approve persons, whether members of the panel or other persons, to
chair pre-hearing meetings:
(d) to determine when submissions are to be heard and other procedural
matters for the hearing of submissions:
(e) to decide whether to accept any late submissions:
(f) to direct a council to participate in an alternative dispute resolution
process:
(g) to deal with any complaints in respect of the hearings panel or any mem-
ber of the panel.
(2) If the chairperson is not able to attend any part of a hearing, he or she must
appoint another member as chairperson.
4 Remuneration, allowances, and expenses of members of hearings panel

The Fees and Travelling Allowances Act 1951 applies to the hearings panel
appointed under section 13 as follows:
(a) the hearings panel is a statutory board within the meaning of the Act;
and
(b) a member of the hearings panel may be paid the following, out of money
appropriated by Parliament for the purpose, if the Minister so directs:
(i) remuneration by way of fees, salary, or allowances under the Act;
and
(ii) travelling allowances and travelling expenses under the Act for
time spent travelling in the service of the hearings panel; and
(c) the Act applies to payments under paragraph (b).
25
5 Liability of members of hearings panel

A member of the hearings panel is not liable for anything the member does or
omits to do, in good faith, in performing the functions and duties or exercising
the powers of the hearings panel.
26
Schedule 4
Provisions relating to functions and powers of hearings panel
s 23
Contents
Page
1 Officer or representative of council required to attend hearings 27
2 Persons with right to be heard 28
3 Pre-hearing meetings 28
4 Conduct of hearings 29
5 Compliance with time limits 30
6 Directions as to evidence 31
7 Procedural directions and requests 31
8 Hearings panel may commission reports 32
9 Conference of experts 32
10 Alternative dispute resolution 32
11 Availability of evidence and reports 33
12 Protection of sensitive information 33
Reporting and notifying
13 Reports on decisions 34
14 Draft and final reports on decisions relating to requirements 34
15 Public notice and service of decisions 35
16 Minor corrections 36
1 Officer or representative of council required to attend hearings

(1) A council must ensure that, whenever a hearings panel is considering the coun-
cil’s proposals, an officer of the council, or a person commissioned by the
council for the purpose, attends every hearing conducted by the hearings panel
in order to assist the panel in 1 or more of the following ways:
(a) to clarify or discuss matters in a proposal:
(b) to give evidence:
(c) to provide a response to submissions or deal with issues raised by any
submission:
(d) to provide any other relevant information requested by the hearings
panel.
(2) Despite subclause (1), the hearings panel may excuse a council from attend-
ing or remaining at a hearing or any particular part of a hearing.
(3) If the hearings panel excuses a council under subclause (2), that does not
invalidate a hearing or any part of a hearing.
(4) To avoid doubt, this clause does not limit or prevent a council from—
27
(a) making a submission on a proposal; or

(b) being heard on that submission.
2 Persons with right to be heard

(1) Any person (including a council) who has made a submission or further sub-
mission on a proposal who has stated that they wish to be heard at a hearing
may speak at a hearing personally or through a representative and call evi-
dence.
(2) If a person referred to in subclause (1) fails to appear at the hearing, the hear-
ings panel may proceed with the hearing if it considers it fair and reasonable to
do so.
3 Pre-hearing meetings
(1) Before a hearing is conducted on a proposal, the hearings panel may invite or
require the persons listed in subclause (2) to attend a meeting for the purpose
of—
(a) clarifying a matter or an issue relating to a proposal or a submission; or
(b) facilitating resolution of a matter or an issue relating to a proposal.
(2) The persons are—
(a) any submitters:
(b) a council:
(c) any other persons that the hearings panel considers appropriate, includ-
ing any experts.
(3) A pre-hearing meeting may be chaired by a member of the hearings panel or by
a person approved by the chairperson of the panel.
(4) After the pre-hearing meeting, but not later than 5 working days before the
hearing to which the pre-hearing meeting relates, the chairperson of the pre-
hearing meeting must provide a report on the pre-hearing meeting to—
(a) the hearings panel; and
(b) the persons who attended the pre-hearing meeting.
(5) The report prepared under subclause (4)—
(a) must set out—
(i) the issues that were agreed; and
(ii) the issues that remain outstanding; and
(b) may set out—
(i) the nature of the evidence that the parties are to call at the hearing:
(ii) the order in which the parties are to call evidence at the hearing:
(iii) a proposed timetable for the hearing; but
28
(c) must not, without a person’s consent, include any material that the per-
son communicated or made available at the meeting on a without preju-
dice basis.
(6) If a submitter is required to attend a meeting under subclause (1), but fails to
do so without reasonable excuse, the hearings panel may decline to consider
the person’s submission.
(7) A submitter referred to in subclause (6) has no rights of appeal under this
Act, but may object under section 24 of this Act.
4 Conduct of hearings
(1) Not fewer than 3 members of the hearings panel must be present at each hear-
ing.
(2) The hearings panel must, except as expressly provided otherwise by this Act,
regulate its own proceedings in the manner it thinks fit.
(3) In carrying out its functions and exercising its powers, the hearings panel
must—
(a) hold hearings in public unless permitted otherwise by—
(i) clause 12 of this schedule (which relates to the protection of sen-
sitive information); or
(ii) section 48 of the Local Government Official Information and
Meetings Act 1987, as that Act applies under section 30 of this
Act; and
(b) fix a place, date, and time for a hearing; and
(c) give not less than 10 working days’ notice of the place, date, and time
for a hearing to—
(i) the relevant council; and
(ii) any person who lodged a submission on the proposal by the clos-
ing date for submissions or whose submission is accepted by the
chairperson of the hearings panel under clause 5 of this schedule
and has requested to be heard (and who has not subsequently
withdrawn the request); and
(iii) every requiring authority or heritage protection authority that has
a requirement included in the proposal; and
(d) establish a procedure for a hearing that—
(i) is appropriate and fair in the circumstances; and
(ii) avoids unnecessary formality; and
(iii) recognises tikanga Māori where appropriate; and
(e) receive evidence written or spoken in te reo Māori, in which case Te
Ture mō Te Reo Māori 2016 applies as if the hearing were legal pro-
ceedings before a tribunal named in Schedule 1 of that Act.
29
(4) The hearings panel may determine the following matters:

(a) matters that are to be given priority over other matters in conducting a
hearing on a proposal:
(b) the time within which procedural steps relating to a proposal are to be
taken:
(c) the time within which the hearing of submissions on a proposal must be
conducted and completed:
(d) the time within which the panel must make a decision on a proposal.
(5) However, the discretion of the hearings panel under subclause (4) is subject
to the obligations—
(a) specified under any terms of reference provided to the hearings panel;
and
(b) set out in section 17 of this Act.
(6) The hearings panel may—
(a) permit a party to question any other party or witness; and
(b) permit cross-examination; and
(c) if it considers that there is likely to be excessive repetition, limit the cir-
cumstances in which parties having the same interest in a matter may
speak or call evidence in support.
(7) Before the hearings panel exercises its power under clauses 6 and 7 of this
schedule, it must consider whether the scale and significance of the hearing
makes the exercise of the power appropriate.
(8) The hearings panel must keep a full record of every hearing and any other pro-
ceeding it conducts.
(9) Sections 19, 20, and 23 to 25 of the Inquiries Act 2013 apply to a hearing con-
ducted by the hearings panel.
5 Compliance with time limits

(1) The chairperson of the hearings panel may—
(a) extend, or waive compliance with, any time limits specified by or under
this Act, except in relation to the time limit specified in section 17(2)
of this Act; and
(b) accept submissions received after the relevant closing date specified
under clause 6 or 7 of Schedule 2.
(2) In making a decision under subclause (1), the chairperson must take into
account—
(a) the interests of any person who, in the chairperson’s opinion, may be
directly affected by a waiver; and
30
(b) the need to ensure that there is an adequate assessment of the effects
anticipated from the implementation of the proposal; and
(c) the stage of the hearing when the hearings panel is provided with the
submissions.
(3) A decision of the chairperson under this clause is final and there is no right of
objection or appeal against it.
6 Directions as to evidence
(1) The hearings panel may direct a submitter or a council to provide briefs of evi-
dence, including the evidence of any experts, to the panel at least 10 working
days before the hearing to which the evidence relates.
(2) The submitter or council must provide the briefs by the date specified by the
hearings panel.
7 Procedural directions and requests

(1) Before or in the course of a hearing, the hearings panel may—
(a) direct the order of business of the hearing, including the order in which
submissions and evidence are presented:
(b) direct that submissions and evidence be recorded, taken as read, or
limited to matters in dispute:
(c) direct a council or a submitter, when presenting a submission or evi-
dence, to present it within a time limit:
(d) request a submitter to provide further information:
(e) direct that the whole, or a part of, a submission be struck out if the panel
considers that—
(i) the whole submission, or the part, is frivolous, is vexatious, or dis-
closes no reasonable or relevant case; or
(ii) it would otherwise be an abuse of the hearing process to allow the
whole submission, or the part, to be taken further.
(2) At a hearing, the hearings panel may direct a submitter not to present—
(a) the whole or any part of a submission, if all or part of it is irrelevant or
not in dispute; or
(b) any part of a submission that does not relate to that part of the proposal
being dealt with at the hearing.
(3) If the hearings panel gives a direction under subclause (1)(e), it must record
its reasons for the direction.
31
8 Hearings panel may commission reports

(1) At any reasonable time before or during a hearing, the hearings panel may
require a council, or may commission a consultant or other person, to prepare a
report on—
(a) any submissions:
(b) any matters arising from the hearing:
(c) any other matter that it considers necessary for the purpose of the deci-
sion to be made by the panel.
(2) A report does not need to repeat material from a submission, but may adopt the
whole or any part of the assessment by reference to the relevant parts of the
submission.
(3) The hearings panel may request and receive, from any person who makes a
report under this clause, any information and advice that is relevant and reason-
ably necessary for the panel to make its decisions under section 17 of this
Act.
9 Conference of experts
(1) The hearings panel may, at any time before or during a hearing, direct that a
conference of experts be held to—
(a) clarify a matter or an issue relating to a proposal; or
(b) facilitate resolution of a matter or an issue relating to the proposal.
(2) A conference may be facilitated by a member of the hearings panel or by a per-
son appointed by the panel.
(3) The facilitator of a conference must, if the hearings panel so directs, prepare a
written report on the conference and provide it to—
(a) the hearings panel; and
(b) the persons who attended the conference.
(4) A report prepared under subclause (3) must not, without a person’s consent,
include any information that the person communicated or made available at the
conference on a without prejudice basis.
10 Alternative dispute resolution

(1) The hearings panel may, at any time before or during a hearing, direct the per-
sons listed in subclause (2) to mediation or any other alternative dispute
resolution process if—
(a) the panel considers that it is—
(i) appropriate to do so; and
(ii) likely to resolve issues between the parties that relate to the pro-
posal; and
32
(b) each person has consented (other than a council, which must participate
if directed to do so by the chairperson of the hearings panel).
(2) The persons are—
(a) any submitters; and
(b) a council; and
(c) any other person that the hearings panel considers appropriate.
(3) The hearings panel must appoint the mediator or person facilitating the medi-
ation or other process (the mediator).
(4) The mediator must report the outcome of the dispute resolution process to the
hearings panel.
(5) In reporting the outcome under subclause (4), the mediator must not, without
a person’s consent, include information that the person communicated or made
available at the mediation or other process on a without prejudice basis.
11 Availability of evidence and reports

(1) The hearings panel must direct a council to make available for inspection on its
Internet site and at its offices—
(a) any information received by the panel during a hearing on a proposal for
which the council is responsible, including information provided under
clause 1(1)(d) or 7(1)(d) of this schedule; and
(b) any report provided to the panel in respect of that proposal under
clauses 3(4), 8, 9(3), or 10(4) of this schedule.
(2) A council must give notice to all relevant submitters when it makes the docu-
ments referred to in subclause (1) publicly available.
12 Protection of sensitive information

(1) The hearings panel may, on its own motion or on the application of a submitter,
make an order described in subclause (2) if it is satisfied that the order is
necessary to avoid—
(a) serious offence to tikanga Māori or to avoid the disclosure of the loca-
tion of wāhi tapu; or
(b) the disclosure of a trade secret or unreasonable prejudice to the commer-
cial position of the person who supplied, or is the subject of, the infor-
mation.
(2) An order may—
(a) require the public to be excluded from the whole or a part of a hearing at
which the information is likely to be referred to:
(b) prohibit or restrict the publication or communication of any information
supplied to the hearings panel, or obtained by it, in the course of any
33
proceedings, whether or not the information may be material to the pro-

posal.
(3) Before making an order under subclause (1), the hearings panel must be
satisfied that, in the circumstances of the particular case, the importance of
avoiding the offence, disclosure, or prejudice outweighs the public interest in
making that information available.
(4) An order made under subclause (2)(a) is deemed to be a resolution made
under section 48(3) to (5) of the Local Government Official Information and
Meetings Act 1987.
(5) An order made under subclause (2)(b) may,—
(a) in relation to a matter described in subclause (1)(a), take effect from
the commencement of the proceedings to which it relates and for an
indefinite period or until a date that the hearings panel considers appro-
priate in the circumstances:
(b) in relation to a matter described in subclause (1)(b), take effect from
the commencement of the proceeding to which it relates, but ceases to
apply after the conclusion of those proceedings.
(6) On the date that the order ceases to have effect under subclause (5)(b), the
provisions of the Local Government Official Information and Meetings Act
1987 apply in relation to information that was the subject of the order.
Reporting and notifying

13 Reports on decisions
(1) Every report of the hearings panel must—
(a) set out the decision or draft decision of the panel; and
(b) provide reasons for the decision, including the reasons for accepting or
rejecting submissions on a proposal; and
(c) identify the parts (if any) of an existing district plan that a proposal
replaces.
(2) The report may group the submissions according to—
(a) the provisions of the proposal to which they relate; or
(b) the matters to which they relate.
(3) The hearings panel is not required to address each submission individually.
14 Draft and final reports on decisions relating to requirements

(1) As soon as practicable after making a draft decision on a requirement under
section 17 of this Act, the hearings panel must—
(a) prepare and produce a draft report; and
(b) serve a copy of the draft report on the relevant council.
34
(2) The council must serve a copy of the draft report on the persons listed in sub-
clause (3).
(3) The persons who must be served under subclause (2) are—
(a) the Minister; and
(b) the relevant requiring authority or heritage protection authority; and
(c) any person who made a submission under Schedule 2 on the relevant
requirement.
(4) Those persons and the council may provide comments on any minor or tech-
nical aspects of the report to the council not later than 20 working days after
the date of the invitation.
(5) Comments on minor or technical aspects of the report—
(a) may only include comments on minor errors in the report, on the word-
ing of provisions in the proposal, or identification of omissions from the
report (for example, the report does not address a certain issue); but
(b) must not include comments on the hearing panel’s decision or its reasons
for the decision.
(6) The council must provide comments received under subclause (4) to the
hearings panel not later than 5 working days after the date specified under sub-
clause (4).
(7) As soon as practicable after the hearings panel has received any comments
under subclause (4), the panel must consider those comments, make its final
decision, and produce a final report.
15 Public notice and service of decisions

(1) As soon as practicable after the hearings panel has made a decision on a pro-
posal under section 17(1)(b)(i) of this Act or a final decision under section
17(1)(b)(ii) of this Act, it must serve the relevant council with a copy of the
decision.
(2) Not later than 5 working days after a council receives a decision from the hear-
ings panel under subclause (1), it must—
(a) give public notice of the decision; and
(b) serve a copy of the public notice of a decision on any requirement on—
(i) the relevant requiring authority or heritage protection authority;
and
(ii) the owners and occupiers of land to which a requirement applies;
and
(c) serve a copy of the public notice on every person who made a submis-
sion on the relevant proposal.
(3) The notice required by subclause (2)(a) must—
35
(a) identify the persons with a right to appeal against the decision; and
(b) state the date by which appeals may be lodged.
(4) A council must also—
(a) make a copy of the decision available at all its offices, and all public
libraries in its district; and
(b) include with the copy of the public notice served under subclause
(2)(a) a statement of the places where a copy of the decision is avail-
able; and
(c) send or provide, on request, a copy of the decision within 3 working
days after the request is received.
16 Minor corrections
(1) The hearings panel may, at any time, issue an amendment to a decision to cor-
rect a minor mistake or defect in a decision of the panel.
(2) This power includes the power to amend or correct a proposal, provided that
the amendment or correction is made before the proposal becomes operative in
accordance with section 22 of this Act.
36
Schedule 5
Form
cl 5(2) of Schedule 2
Public notice of proposal

1 The [insert name] Council has prepared the following proposal to replace some
of the provisions of the operative [insert name] District Plan (the proposal):
[Describe the proposal, including which parts (if any) of the existing district
plan are intended to be replaced by the proposal.]
2 The proposal may be inspected or purchased at [place]. Please contact [name of
person handling queries and contact telephone number] if you have any ques-
tions about the proposal.
3 The following persons may make a submission on the proposal:
(a) the [insert name] Council; and
(b) any other person unless that person could gain an advantage in trade
competition through the submission, in which case the person may make
a submission only if the person is directly affected by an effect of the
proposal that—
(i) adversely affects the environment; and
(ii) does not relate to trade competition or the effects of trade compe-
tition.
4 To lodge a submission, send a written or an electronic submission to the [insert
name] Council at [provide both an address for service for written submissions
and an email address for service for electronic submissions]. The submission
must state whether or not you wish to be heard on your submission.
5 Submissions close on [closing date].
6 The process for public participation in the consideration of the proposal under
the Act is as follows:
(a) after the closing date for submissions, the Council will publish all sub-
missions and give public notice of the availability of the submissions
and where the submissions can be inspected; and
(b) there must be an opportunity for the following persons to make a further
submission in support of, or in opposition to, the submissions already
made:
(i) any person representing a relevant aspect of the public interest;
and
(ii) any person who has an interest in the proposal greater than the
general public has; and
(iii) the Minister for the Environment; and
37
(iv) the Council; and

(c) a hearing must be held before the hearings panel appointed for the pur-
pose under the Housing Emergency Response (Urgent Measures) Act
2021; and
(e) the following persons have the right to appeal to the High Court against
the decision of the hearings panel but only on a question of law:
(i) a person who made a submission on a provision or matter that is
the subject of the appeal; and
(ii) the Minister for the Environment; and
(iii) the Council; and
(iv) in the case of a decision on a designation or heritage order, the
relevant requiring authority or heritage protection authority and
owners and occupiers of land that are directly affected by the deci-
sion.
Date:
Signature:
(Signature on behalf of [insert name] Council)
Contact details
Physical address for service of Council:
Email address for service of Council:
Telephone:
Contact person: [name and designation, if applicable]
38
Schedule 6
Threshold new dwelling consent numbers for territorial authorities
s 35(2)
Territorial authority Threshold number of new dwelling consents

Ashburton District Council 172
Auckland Council 13,113
Buller District Council 37
Carterton District Council 93
Central Hawke’s Bay District Council 60
Central Otago District Council 319
Chatham Islands Council 5
Christchurch City Council 2,751
Clutha District Council 65
Dunedin City Council 434
Far North District Council 321
Gisborne District Council 89
Gore District Council 28
Grey District Council 40
Hamilton City Council 1,380
Hastings District Council 364
Hauraki District Council 113
Horowhenua District Council 254
Hurunui District Council 108
Hutt City Council 464
Invercargill City Council 144
Kaikoura District Council 38
Kaipara District Council 217
Kapiti Coast District Council 240
Kawerau District Council 8
Mackenzie District Council 113
Manawatu District Council 174
Marlborough District Council 265
Masterton District Council 161
Matamata-Piako District Council 231
Napier City Council 254
Nelson City Council 264
New Plymouth District Council 469
Ōpōtiki District Council 24
Ōtorohanga District Council 39
39
Territorial authority Threshold number of new dwelling consents

Palmerston North City Council 409
Porirua City Council 320
Queenstown-Lakes District Council 1,162
Rangitikei District Council 40
Rotorua District Council 160
Ruapehu District Council 41
Selwyn District Council 1,313
South Wairarapa District Council 89
South Taranaki District Council 60
South Waikato District Council 53
Southland District Council 120
Stratford District Council 31
Tararua District Council 25
Tasman District Council 441
Taupo District Council 290
Tauranga City Council 1,500
Thames-Coromandel District Council 310
Timaru District Council 203
Upper Hutt City Council 238
Waikato District Council 803
Waimakariri District Council 633
Waimate District Council 23
Waipa District Council 576
Wairoa District Council 10
Waitaki District Council 103
Waitomo District Council 17
Wellington City Council 1,054
Western Bay of Plenty District Council 478
Westland District Council 40
Whakatane District Council 102
Whanganui District Council 136
Whangarei District Council 606
40

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Housing Emergency Response (Urgent Measures) Bill

General policy statement

Clause by clause analysis

Housing Emergency Response (Urgent Measures) Bill

Subpart 2—Jurisdiction of hearing panel

The Parliament of New Zealand enacts as follows:

(b) Hamilton City Council:

(b) a requirement included in a proposal under clause 4 of Schedule 2 is to

8 Transitional, savings, and related provisions

9 Act binds the Crown

(b) whether to make provision for those requests.

11 Requirements for replacement district plans

12 Procedural matters applying to the review of the existing district plans

15 Functions and powers of hearings panel

Subpart 2—Jurisdiction of hearing panel

18 Decisions on proposals (other than in relation to requirements)

19 Considerations relevant to decision making

20 Environmental Protection Authority may provide support to hearings

Subpart 3—decisions of hearings panel

22 Council must make decisions of hearings panel operative

fied in the report of the hearings panel required by clause 13(1)(c) of

25 Appeals only on questions of law

(c) a submitter on the relevant proposal, but only in relation to matters

27 Decision on request for change

33 Determination of new dwelling consents

34 Housing infrastructure development fund established

35 Payments from housing infrastructure development fund

36 Consequential amendment to Kāinga Ora–Homes and Communities Act

1 Consultation when undertaking review and replacement

3 Changes in response to comments from Minister

4 Process for inclusion of requirements in replacement district plan

5 Public notification of proposals

7 Public notice of submissions and right to make further submission

9 Information to be supplied to hearings panel

1 Appointments to hearings panel

2 When member ceases to hold office

4 Remuneration, allowances, and expenses of members of hearings panel

5 Liability of members of hearings panel

1 Officer or representative of council required to attend hearings

(a) making a submission on a proposal; or

2 Persons with right to be heard

(4) The hearings panel may determine the following matters:

5 Compliance with time limits

7 Procedural directions and requests

8 Hearings panel may commission reports

10 Alternative dispute resolution

11 Availability of evidence and reports

12 Protection of sensitive information

proceedings, whether or not the information may be material to the pro-

Reporting and notifying

14 Draft and final reports on decisions relating to requirements

15 Public notice and service of decisions

Public notice of proposal

(iv) the Council; and

Territorial authority Threshold number of new dwelling consents

Territorial authority Threshold number of new dwelling consents

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