‘Dumb, wasteful spending’ if housing intensification hearings continue

Saturday, 6 January 2024

How residential and commercial properties up to 20m high could look in parts of Christchurch. (Artist’s impression)

The Christchurch City Council is struggling to legally halt its proposed housing intensification plan, with costs continuing to climb over the holiday period.

The council asked Environment Minister Penny Simmonds for permission to halt the $4.2 million hearings panel on December 6, but has been told by officials she is unlikely to consider the request until after January 26.

That will be too late to avoid the significant and potentially wasteful costs involved in resuming the hearings on January 30, as currently scheduled, according to a memo by the council’s lawyers.

The council has spent $2.6m on the hearings so far.

As an alternative, on December 22 the council asked the independent hearings panel - convened to consider housing intensification rules imposed by the former Government - to delay the process itself.

Benjamin Love believes it is inappropriate to give individuals just one week over the festive season to submit feedback. (File photo).

It does not have the power to halt the process, according to legal advice it was given in November, but may be able to delay by a few weeks.

The panel told the council on December 28 that it would make a decision as soon as practicable, on January 8, and asked the council to invite the people and organisations involved in the hearings to share their opinion on the pause by January 5.

Christchurch resident Benjamin Love, who was heard by the panel in November and wants the hearings to continue, considers the time frame “very sneaky”.

He said it was an inappropriate time of year to seek submitters’ thoughts and the deadline should be extended, as many were likely away on holiday and not paying attention to emails.

Tony Simons, chairperson of the Riccarton Bush Kilmarnock Residents’ Association, wants the process to be halted “regardless of the legal arguments”.

“Common sense dictates proceeding would be a dumb and wasteful spending of public money when there is no longer a clear purpose,” he said in an email to the panel, shared with The Press.

The potential built form resulting from the permitted standards in a typical suburb. The new rules aimed to increase housing supply and affordability. (Artist’s impression)

The legal issue is that despite the National Party’s pledge to make Labour’s mandatory rules around medium density residential developments optional, without a law change the council is technically obligated to work towards a deadline of September 12.

Public hearings were held throughout October and November. There are six hearing days scheduled for late January and mid-February.

The panel is expected to send its completed recommendations report to the council by April 30, but the council has offered to extend that deadline to incorporate any potential delays in the schedule.

The housing intensification rules were introduced in 2021 and require the largest cities in Aotearoa to allow three houses per site, each up to three storeys high, without resource consent.

The rules were expected to boost the supply of affordable housing and prevent urban sprawl, but many Christchurch residents feared the loss of sunshine and privacy and argued the city had capacity to meet future demand under its current rules.

It was argued further intensification, including 10-storey tower blocks near main shopping areas, would meet housing needs for 150 years of growth.

In response to public pressure, the council fought against the new rules, technically breaching the law when it opposed it in September 2022, leading to a Government investigator being appointed.

After some amendments the process resumed in early 2023.