15 Days’ Notice to Invalidate Development Rights: Auckland Council’s MDRS Withdrawal Raises Serious Legal Questions
Over the weekend, two Council documents were confidentially passed to me by private individuals. They were informing me, as SANZ, of what looks like another egregious Council action.
On 24 September, Council resolved to partially withdraw PC78, affecting the Medium Density Residential Standards. The withdrawal takes effect 9 October 2025. That is fifteen days’ notice for a decision that potentially invalidates existing resource consents, building consents, and projects that relied on MDRS, including those already underway.
Having reviewed Council’s own internal memo to staff (dated 25 September) and their template letter to affected applicants, I am struck by what is missing: any meaningful transitional provisions, any recognition of legitimate expectations, any attempt to grandfather existing applications or consents. Just “seek independent advice” and “MDRS will no longer have legal effect.”
Sentinel Planning are advising clients to urgently lodge Certificate of Compliance applications before 9 October, essentially a race against the clock to preserve rights. They have also noted that private legal opinions dispute Council’s position that even commenced works do not preserve permitted status.
Once again, this feels like administrative law 101 being ignored.
SANZ is informing our infill property development community so that individuals affected by this can take action. If this affects you or your projects, seek legal advice before 9 October.
