Auckland Council’s Policy and Planning Committee has voted to withdraw Plan Change 78 (PC78, to the extent it has not already become operative) and proceed with a replacement plan change (RPC) at its meeting today.

PC78 was originally designed to meet national housing directives by enabling widespread intensification, including three-storey housing across much of the city. However, following the 2023 floods policy-makers became concerned about the associated risks and the Council asked for the ability to not apply the Medium Density Residential Standards and “downzone” vulnerable areas of the city.

The draft RPC for PC78 was designed to enable equivalent housing capacity (as envisioned under PC78), but with due consideration of hazard-prone areas. The main features of the RPC include:

  • Allowing up to 15 storeys near major City Rail Link stations (such as Mt Eden, Kingsland and Morningside);
  • Allowing 10 storeys near smaller stations (such as Mt Albert and Baldwin Avenue);
  • Allowing 6 storeys along frequent bus routes;
  • Limiting development in hazard-prone areas; and
  • Allowing for the “down-zoning” of some areas, with no automatic enabling of 3-storey housing.

The Council will now proceed to notify the Minister by 10 October 2025 of its decision, which will commence the statutory process for formally withdrawing PC78 and progressing the RPC under the Resource Management Act 1991. Following notification of the RPC (expected to be by 30 October 2025), members of the public, developers, and stakeholders will be able to make submissions on it, with the submission period tentatively confirmed by RMA Reform Minister Chris Bishop to be from 3 November to 19 December 2025.

An Independent Hearings Panel will then hold hearings to consider those submissions throughout 2026, before issuing its recommendations to the Council. The Council must then decide whether to accept or reject those recommendations, with any rejected submissions being able to be appealed to the Environment Court. The Council is expected to be given 18 months from notifying the RPC to making its decisions on it.

The Council’s decision on the withdrawal of PC78 creates both opportunities and uncertainties: opportunities to influence how hazard risks and growth are balanced across the city, and uncertainty as to the timing and final form of the rules. Landowners, developers, and community groups should be prepared to engage in the submission process to ensure their interests are represented, as the RPC must still deliver the same overall housing capacity as PC78 but may redistribute where and how that capacity is enabled.

If you have any questions about this decision, please contact us and we would be happy to assist.