RMA breach seems inevitable for Christchurch City Council

Wednesday, 21 August 2024

Councillor Yani Johanson is concerned about the ongoing cost of proposed housing intensification rules. (File photo)

The Christchurch City Council will likely breach the Resource Management Act next month, but staff say they have no choice.

Councillors have until September 12 to approve or reject a number of new housing intensification rules (as recommended by an independent panel) as part of a its $4.2 million plan change process. But at an information session on Tuesday they were told that staff need three more months to get work done.

Mark Stevenson, the council’s head of planning and consents, said the panel recently told them to rework a chapter on residential zoning. This, and other issues, could affect other proposed rules, he said, so the whole process needed to be delayed.

Councillor Yani Johanson asked if it was worth telling central government to deal with the panel directly. Satisfying the panel felt like a “no-win situation”, he said..

Minister Chris Bishop says the Christchurch City Council has already had two extensions to parts of its housing intensification plan.

He was also concerned about cost. A council spokesperson said the total spend on the process so far will be confirmed this week.

However, council lawyer Brent Pizzey said if the council “simply throws up its hands” and lets the Resource Management Minister Chris Bishop take control, it would throw away its chance of making the changes it wants.

Councillors could ask Bishop for more time (and will consider this at Wednesday’s full council meeting), but Stevenson said Bishop was unlikely to respond by September 12, so a law breach appeared inevitable.

The new rules, which, if approved, would be effective immediately, would allow for taller and more densely-built commercial and residential buildings in central Christchurch (within the four avenues) and up to 800 metres around commercial centres like Riccarton, Hornby and Papanui.

Of particular contention is a number of qualifying matters ‒ reasons the council can use to deny high-density development in certain areas ‒ which the council wanted to introduce, but the panel recommended against.

If the council wanted to reject the panel’s recommendation, it can take an alternative to Bishop for a final say. However, Stevenson warned councillors the minister may be less willing to side with the council if they delay the process again.

Stevenson also said if the council didn’t meet the deadline it was possible, but unlikely, Bishop would appoint someone else to make a decision.

Bishop told The Press he couldn’t comment on an extension request which hadn’t arrived, but pointed out the council has already had two extensions.

The most recent was in March, when he agreed to let the council delay decision-making on some proposed rules until December 2025.