In our recent RMA Reform Highlight Reel article, we explored the sweeping changes setting the stage for national planning reform with a focus on the evolution of the Medium Density Residential Standards (MDRS), the negotiated agreements between Auckland Council and the government on Plan Change 78, and the development of a replacement plan change.

The latest Auckland Council decision brings fresh challenges and opportunities for property owners, developers, and consultants. What comes next, demands close attention.

Council Agreement and Timelines

On 24 September 2025, the Policy and Planning Committee agreed to the partial withdrawal of Plan Change 78 (PC78), which has driven the current phase of residential intensification in Auckland and to proceed with its replacement, Plan Change 120 (PC120). Public notification of the partial withdrawal will happen on 9 October 2025, and it will have immediate legal effect. This brings the curtain down MDRS. Public notification of PC120 is scheduled for by 30 October 2025, subject to Ministerial approval, with the submission period set to open on 3 November and close on 19 December 2025. These changes reset the intensification strategy for the city. PC120 will maintain housing targets but redirect growth to rapid transit corridors and centres, with stronger natural hazard protections.

More information on PC120 can be found on Auckland Council’s website here.

Implications from the Council’s Advice

With the shift away from PC78 and MDRS, the advice for property owners and practitioners is clear: reliance on MDRS for new dwellings will no longer be valid after 9 October, unless specifically provided for in precincts or metropolitan centres. Simply holding a building or resource consent that relied on MDRS is not enough to preserve rights. Lawful establishment of dwellings is necessary to maintain the ability to build under MDRS provisions after withdrawal.

Seeking a Certificate of Compliance (CoC) is only potentially viable in cases where no other resource consent was or is needed, and any application for a CoC must be prepared and lodged well before 9 October due to Council processing timeframes. If resource consent for any aspect of a project (such as earthworks) was required, a CoC cannot be used to preserve MDRS rights for dwellings. Professional advice and urgent review of all MDRS-reliant consents should occur immediately, rather than close to the withdrawal date, as this is the only way to assess risks and options before the legal cut-off.

Consider the following:

• MDRS permitted activity rules will no longer be operative except in specified locations from 9 October 2025.
• The establishment of dwellings, rather than merely holding consents, is required for continuing under MDRS after withdrawal.
• CoC applications must be lodged before 9 October and are only feasible for projects not requiring other resource consent.
• Downzoning and qualifying matters will reshape development options, particularly in hazard-affected areas.

Next Steps for Owners and Developers

Property owners and developers need to act promptly. Projects that have not yet established MDRS-permitted dwellings, and that do not hold all necessary consents, now face urgent decision points. Given processing lead times, review of project status and advice on consent strategy should be underway immediately, not deferred until the withdrawal date. If a CoC is appropriate, the application should be lodged as soon as possible—later attempts are unlikely to meet Council deadlines.

• Review all MDRS-reliant approvals and construction status now.
• Seek professional planning and legal advice quickly to assess options (CoC or other).
• Monitor Council notifications to avoid missing further rule changes or technical updates.
• Recognise the strategic shift: broad upzoning is ending in favour of focused development on resilient, well-serviced sites.

Closing Thoughts

Auckland’s planning rules are about to change fundamentally. Early, informed action by property owners, applicants, and advisors will determine who can respond effectively to the new direction and avoid losing development opportunities tied to MDRS.