Resource Consents Update – December 2025

Older persons' housing units 

We’ve recently reviewed our processes around applications for new older persons' housing (OPH) developments, to ensure that assessments and decisions are legally correct and robust. This newsletter provides guidance on how we intend to process these applications from now on. 

PC14 is now complete and the intensification areas have been confirmed, so it’s important that the character and integrity of the low-density Residential Suburban Zone are maintained, consistent with the policy framework.  

Encumbrances

The definition of an OPH unit requires a legal encumbrance to be registered on the title, restricting occupants to ‘older persons’ (as defined in the District Plan). Without an encumbrance, units are not OPH units. 

For this reason:

• Building consents for permitted OPH units will now be issued subject to a section 37 certificate, requiring the OPH encumbrance to be registered on the title prior to building work commencing.
• Resource consents for OPH units (where required) will include a condition requiring the OPH encumbrance to be registered on the title prior to building work commencing (previously an advice note only). A section 37 won’t be issued, but compliance will be actively monitored and enforced by our RMA Compliance Team.

Appropriateness for older persons

If proposed new OPH unit(s) are incompatible with the needs of older persons (as defined), they will be treated instead as an application for a multi-unit residential complex (plus a residential unit if an existing house is part of the proposal).

Features indicating incompatibility are:

• Two-storey units, unless they are fully self-contained at ground level without relying on the upstairs rooms
• Significantly larger than 120m², unless the additional floor area is needed to provide accessibility features
• More than three bedrooms
• Poor access around the unit/site (e.g. stair access to front door or outdoor living space, or difficult access to bin storage areas).

In coming to this position, the Council has considered that the underlying purpose of the provisions is to ensure appropriate housing options for older persons. Policy 14.2.1.8 specifically refers to housing 'suitable for the particular needs and characteristics of older persons'.
There may be some situations that don’t fit the above scenarios, and we’ll need to consider those on a case-by-case basis. 

Other applications

OPH units will not be treated as a permitted baseline for residential unit applications, as there are clear policy-based reasons for allowing smaller residential units for older persons (as defined), with no minimum site size and less outdoor living space, etc, on sites where the rules would not otherwise allow that density of residential development. 

For future planning assessments, an OPH development/consent is considered to become part of the ‘existing environment’ in the following situations:

1. The OPH consent has been fully implemented (i.e. the encumbrance has been registered on the title, and the units are constructed and ready to occupy; or
2. The Council considers the OPH consent is likely to be implemented (i.e. the encumbrance has been registered on the title, the building consent has been issued, and the units are under construction, including foundation). 

Please note that the above process doesn’t apply to the conversion of existing EPH or OPH units specifically permitted by the District Plan rules in some of the residential zones (Rule 14.5.1.1 P3, 14A.5.1.1 P3, and 14.8.1.1 P4).

If you have a current application lodged with us, we’ll contact you to discuss any implications of the above information. Otherwise, if you have any questions, please contact our Duty Planner.