PC78 Learning Summary - MDRS vs AUP Definitions

To download this learning summary as a PDF, click here.

1. Introduction

You may have noticed that there are differences in the words used in Schedule 3A, Part 2 of the Resource Management Act 1991 (RMA) for the Medium Density Residential Standards (MDRS), and the words that Auckland Council have used in the incorporated provisions notified under Plan Change 78: Intensification (PC78) of the Auckland Unitary Plan (AUP). 

For example, where the MDRS standards within the RMA use the term “residential unit”, the standards as incorporated into the AUP use the term “dwelling”.

This is because the RMA (Enabling Housing Supply and Other Matters) Amendment Act 2021 was drafted using the terms set out in section 14 of the Ministry for the Environment National Planning Standards 2019. 

The AUP and associated plan changes on the other hand use words and definitions already contained in Chapter J1 of the operative AUP. 

This learning summary sets out the key differences between the terms and words used in the national planning standards and AUP.

The key takeaway is:

“A term used in the MDRS (Schedule 3A) that is defined in the national planning standards has the same meaning as set out in those standards – and not from the AUP definitions.

This is irrespective of whether PC78 has proposed to incorporate the new national planning standards definitions at this time.”

2. Key differences between the National Planning Standards and AUP Definitions

See our downloadable PDF guide for a full list of the terms and definitions that differ between the MDRS within the RMA (Enabling Housing Supply and Other Matters) Amendment Act 2021, and the AUP.

As a summary, the key definitions that differ are:

• Residential unit (MDRS) vs dwelling (AUP)

• Building

• Building coverage

• Habitable room

• Height

• Height in relation to boundary

• Ground level

• Outdoor living space

• Site

3. Why is it important to understand these differences?

The differences could have quite a significant impact on how an overall development is assessed and determined.

For example, any structures on a site that do not have a roof will no longer be considered as buildings and will not be required to be included within any building coverage calculations.

The AUP also includes a range of structures including rainwater tanks above a certain size that cannot be installed within an outdoor living space area. The outdoor living space definition in the National Planning Standards is less prescriptive, and it is likely that ancillary servicing structures like these will be allowed within these outdoor areas, provided they do not meet the MDRS definition of building.

From the other side, the definition of height in the National Planning Standards does not include any exclusions. This means that the exclusions typically considered under the Chapter J1 definition – e.g., roof plant, rails – must now be included in any height measurement relating to a building proposed in reliance on the MDRS standards.

4. What about words used within the National Planning Standards definitions themselves?

The words used within the National Planning Standards definitions are defined in accordance with those definitions. Defined words can be identified with turquoise coloured text, as shown below:

5. What if a word is not defined in the National Planning Standards?

If the word or phrase is not defined in the National Planning Standards, then the word or phrase will need to be interpreted in accordance with the AUP rules for interpretation provisions at J1.1.

6. Why have these new definitions not been incorporated into the AUP?

Auckland Council have chosen to not incorporate the new National Planning Standards definitions into the AUP at this time. We expect that this is so they can undertake a more complete plan change at some stage in the future to incorporate the other requirements of the National Planning Standards. 

We expect that the dual definition framework will cause confusion for the time being, as planners will need to be aware of two sets of definitions that may apply, even to different components of the same development proposal.

7. Summary

• A term used in the MDRS (Schedule 3A) that is defined in the national planning standards has the meaning as set out in those standards – not the equivalent AUP definition.

• This is even where Auckland Council have chosen to use existing plan language in the incorporated provisions – e.g., ‘dwelling’ in the new rules will instead need to be interpreted as ‘residential units’.

• We recommend that those engaged with processing or preparing resource consent applications have a combined set of the different definitions, so comparisons can easily be made.