21 April 2026
26-OIAD-00414
Ed Hirsch
[FYI request #33783 email]
Tēnā koe Ed
Thank you for your email of 20 February 2026 requesting the following under the Official
Information Act 1982 (the Act) of the Ministry for the Environment (the Ministry):
I saw minister bishop talk vaguely about 'rma legal mumbojumbo' that exclude the
Auckland CBD from the wider Auckland city plan changes. I wish to understand the
legal issue properly: is the CBD excluded? Why? Precision needed, not vague
comments.
I would like copies under the OIA of advice and/ or information you have given to
Minister Bishop (or others) on this topic.
On 18 March 2026, the Ministry extended the timeframe for its response to your request
under section 15A(1)(b) of the Act, as consultations necessary to make a decision on the
request were such that a proper response could not reasonably be made within the original
timeframe.
We are responding to your request in two parts. The first part addresses the questions you
have raised about the legal position relating to the Auckland city centre (Central Business
District, CBD.) The second part identifies information in-scope of your request.
Part 1: Response to your questions on the legal position relating to the Auckland CBD
In response to your request, the Auckland city centre is excluded from Plan Change 120
(PC120).
The city centre was excluded from PC120 because planning provisions for that area had
already been changed through a separate plan change process. In August 2022, Auckland
Council notified Plan Change 78 (PC78) to the Auckland Unitary Plan to give effect to the
National Policy Statement on Urban Development and to incorporate the mandatory Medium
Density Residential Standards. In May 2025, Auckland Council made decisions on the
provisions in PC78 relating to the city centre, and those provisions became operative.
Following subsequent legislative changes, in October 2025, Auckland Council withdrew the
remaining, non-operative parts of PC78 and removed the Medium Density Residential
Standards. The Council then notified Plan Change 120 in November 2025 to implement a
revised approach that prioritised natural hazard resilience and better targeted growth.
Because the city centre provisions had already been decided and were operative, they were
excluded from the PC120 process. This enables Auckland Council to focus on rezoning
residential and town centre areas where decisions still need to be made.
PO Box 10362, Wellington 6143 | Freephone 0800 499 700 | environment.govt.nz
1
You may also be aware the Minister Responsible for RMA Reform, Hon Chris Bishop, has
since indicated an intention to initiate an investigation into Auckland Unitary Plan provisions
affecting the city centre, using regulation-making powers available under the Resource
Management Act 1991. This is to assess whether current planning rules are unnecessarily
constraining economic growth, development capacity or employment opportunities.
Part 2: Information in-scope of your request
I have identified six documents in scope of your request, as listed in the document schedule
below.
I am releasing three documents to you in part, with some information redacted as out of
scope of your request, or withheld under the following sections of the Act:
9(2)(a)
to protect the privacy of natural persons.
9(2)(f)(iv) to maintain the constitutional conventions for the time being which protect
the confidentiality of advice tendered by Ministers of the Crown and officials.
9(2)(g)(i) to maintain the effective conduct of public affairs through the free and frank
expression of opinions by or between or to Ministers of the Crown or
members of an organisation or officers and employees of any public service
agency or organisation in the course of their duty.
9(2)(h)
to maintain legal professional privilege.
I am releasing one document to you as an excerpt, as provided for in section 16(1)(e) of the
Act. Some information within the excerpt has been withheld under section 9(2)(a) of the Act,
to protect the privacy of natural persons.
I am refusing two documents under section 18(d) of the Act, as these are expected to be
proactively released on the Ministry’s website, by the end of June 202
6, here: Cabinet
papers and regulatory impact statements | Ministry for the Environment
In terms of section 9(1) of the Act, I am satisfied that, in the circumstances, the withholding
of information in this request is not outweighed by other considerations that render it
desirable to make the information available in the public interest.
You have the right to seek an investigation and review by the Office of the Ombudsman of
my decisions relating to this request, in accordance with section 28(3) of the Act. The
relevant details can be found a
t: www.ombudsman.parliament.nz. Please note that due to the public interest in our work, the Ministry publishes responses to
requests for official information shortly after the response has been sent on our website at:
https://environment.govt.nz/about-us/official-information-act-requests/. If you have any
queries about this, please feel free to contact our Ministerial Services team at:
[email address]. Nāku noa, nā
Electronically approved by Jessica Ranger on 21/4/2026
Jessica Ranger
General Manager – Urban and Infrastructure
Ministry for the Environment | Manatū Mō Te Taiao
PO Box 10362, Wellington 6143 | Freephone 0800 499 700 | environment.govt.nz
2
Document schedule
#
Date
Title
Decision
Grounds
1. 5/6/2025
BRF-6283 - HUD2025-
Released in
9(2)(a), 9(2)(g)(i),
007187 Further advice on
part
9(2)(h), Out of scope
increasing development
capacity in Auckland and
options for RM Bill 2
2. 2/2/2026
26-BRF-00207 HUD2026-
Released in
9(2)(a), 9(2)(h), 18(d),
009084 Draft Cabinet
part
Out of scope
paper on the preferred
approach to implement
changes to capacity
requirements to Auckland
3. 10/2/2026 26-BRF-00271 HUD2026-
Released in
9(2)(a), 9(2)(h), Out
009126 Further advice on
part
of scope
Auckland city centre
capacity and consultation
process options for PC120
4. 11/2/2026 [Email] Re_ Notes from
Released as
16(1)(e), 9(2)(a)
RMA Officials meeting
an excerpt
today
5. 19/2/2026 [Cabinet paper] Changes to Refused in full
18(d)
the legislative requirements
for Auckland Council’s Plan
Change 120
6. 31/3/2026 [Cabinet paper] Resource
Refused in full
18(d)
Management (Auckland
Housing) Amendment Bill –
Approval for Introduction
PO Box 10362, Wellington 6143 | Freephone 0800 499 700 | environment.govt.nz
3
