Housing Legislation Amendment Act 2016

  • This version was replaced on 20 September 2016 to make a correction to section 10 under section 25(1)(j)(iii) of the Legislation Act 2012.
1 Title

This Act is the Housing Legislation Amendment Act 2016.

2 Commencement

This Act comes into force on 15 September 2016.

Part 1 Amendments to Housing Accords and Special Housing Areas Act 2013

3 Principal Act

This Part amends the Housing Accords and Special Housing Areas Act 2013 (the principal Act).

4 Section 3 amended (Repeal)

(1)

In section 3(1), replace “2016” with “2019”.

(2)

In section 3(2), replace “2018” with “2021”.

5 Section 16 amended (Process for establishing special housing areas)

After section 16(4), insert:

(4A)

For the purpose of defining the boundaries of a special housing area, an Order in Council under this section may incorporate a map, plan, or similar document prepared or issued by any person or body.

(4B)

Sections 52 to 55 of the Legislation Act 2012 apply in relation to material incorporated under subsection (4A) as if it were incorporated under section 49 of that Act.

6 Section 18 replaced (Disestablishing special housing areas)

Replace section 18 with:

18 Disestablishing special housing areas

(1)

A special housing area is disestablished,—

(a)

if the Order in Council establishing it was notified in the Gazette on or before 15 September 2015, on 16 September 2016; or

(b)

if the Order in Council establishing it was notified in the Gazette after 15 September 2015 but before 16 September 2016, on the expiry of 12 months from the date on which that Order was notified; or

(c)

if the Order in Council establishing it is notified in the Gazette on or after 16 September 2016, on 16 September 2019.

(2)

However, the Governor-General may, by Order in Council made on the recommendation of the Minister (a disestablishment order), disestablish a special housing area before it is disestablished by subsection (1).

(3)

The Minister must recommend the making of a disestablishment order for a special housing area if—

(a)

the region or district that the area is in ceases to be a scheduled region or district; or

(b)

the Minister is satisfied that the area no longer meets the criteria in section 16(3).

(4)

The Minister may recommend the making of a disestablishment order for a special housing area if—

(a)

12 months have expired from the date on which the Order in Council establishing the area was notified in the Gazette; and

(b)

no application has been made under Part 2 for a resource consent, plan change, or variation of a proposed plan in relation to the special housing area; and

(c)

the Minister is satisfied that it is appropriate to do so having regard to the purpose of this Act.

(5)

Before recommending the making of a disestablishment order, the Minister must give public notice of the intention to disestablish the special housing area.

(6)

The notice must be given not less than 3 months before the date on which the disestablishment is proposed to occur.

(7)

The Minister must not recommend the making of a disestablishment order except under subsection (3) or (4).

18A Amending special housing areas to excise land if no development progress

(1)

This section applies in relation to a special housing area if—

(a)

the Order in Council establishing the area is notified in the Gazette on or after 16 September 2016; and

(b)

12 months have expired from the date on which that order was notified; and

(c)

in relation to some or all of the land in the special housing area, no application has been made under Part 2 for a resource consent, plan change, or variation of a proposed plan.

(2)

The Governor-General may, by Order in Council made on the recommendation of the Minister (an area reduction order), amend the Order in Council that established the special housing area to change the boundaries of the area so that some or all of the land referred to in subsection (1)(c) is excised from the special housing area.

(3)

The Minister may recommend the making of an area reduction order only if the Minister is satisfied that it is appropriate to do so having regard to the purpose of this Act.

(4)

Section 16(2), (3), and (4A) to (6) applies to an area reduction order as if the references in those subsections to the proposed special housing area were references to the area that will remain in the special housing area after the area reduction order is made.

(5)

Section 16(4) does not apply to an area reduction order.

7 Section 75 amended (Interface between concurrent plan change or variation processes under this Act and Resource Management Act 1991)

After section 75(1), insert:

(1A)

However, this section does not apply if—

(a)

process B is a proposed plan process—

(i)

under Schedule 1 of the Resource Management Act 1991 that was commenced under clause 2 of that Schedule; or

(ii)

under Part 4 of the Local Government (Auckland Transitional Provisions) Act 2010; and

(b)

process B results in the proposed plan becoming operative in relation to the area before process A is completed.

8 New subpart 3A of Part 2 inserted

After section 75, insert:

Subpart 3A—Applications and requests made during development of new plan

75A Interpretation

(1)

In this subpart, unless the context otherwise requires,—

finally decided has the meaning given in subsection (2)

originally notified version of a proposed new plan, means the version of the proposed new plan that was notified under clause 5 of Schedule 1 of the Resource Management Act 1991, or under that clause 5 as applied by section 123 of the Local Government (Auckland Transitional Provisions) Act 2010

proposed new plan means—

(a)

the proposed Auckland combined plan; or

(b)

any other new plan proposed by an authorised agency and notified under clause 5 of Schedule 1 of the Resource Management Act 1991 (and does not include a proposed change to an existing plan)

time-of-application version of a proposed new plan, in relation to an application for a resource consent, means the originally notified version of the proposed new plan as amended by any amendment made to it before the application was made

time-of-request version of a proposed new plan, in relation to a request for a plan change or variation of a proposed plan, means the originally notified version of the proposed new plan as amended by any amendment made to it before the request was made.

(2)

In this subpart, an application or request is finally decided if the authorised agency has decided the application or request and 1 of the following applies:

(a)

there is no right of appeal or objection against the decision:

(b)

there is a right of appeal or objection against the decision but no appeal or objection is lodged within the time allowed for doing so:

(c)

if 1 or more appeals or objections are lodged against the decision, all of them (and any subsequent appeals) have been withdrawn or decided.

75B Requests for plan changes and variation of proposed plan and concurrent applications

(1)

This section applies if—

(a)

an authorised agency has notified a proposed new plan; and

(b)

after the proposed new plan was notified, a request was made under section 61 for—

(i)

a change to a plan that will be replaced by the new plan (if the new plan becomes operative); or

(ii)

a variation of the proposed new plan; and

(c)

the proposed new plan (or the part of it that is relevant to the request) becomes operative; and

(d)

when it becomes operative, the request has not been finally decided.

(2)

However, this section does not apply if the person who made the request notifies the authorised agency in writing that the person does not want this section to apply.

(3)

The request and all concurrent applications for resource consents (and any subsequent appeals or objections) must be dealt with and decided as if—

(a)

the request were a request for a change to an operative plan; and

(b)

the applications were applications relating to an operative plan; and

(c)

the time-of-request version of the proposed new plan were the relevant operative plan.

(4)

However, if the authorised agency’s decision is to approve the request, the references in section 73 to the plan or the proposed plan are taken to be references to the plan that is in fact the operative plan at the time the requested plan change or variation becomes operative.

75C Applications for resource consents (other than concurrent applications)

(1)

This section applies if—

(a)

an authorised agency has notified a proposed new plan; and

(b)

after the proposed new plan was notified, an application for a resource consent was made under section 25; and

(c)

the application is not a concurrent application made in conjunction with a request to which section 75B applies; and

(d)

the proposed new plan (or the part of it that is relevant to the application) becomes operative; and

(e)

when it becomes operative, the application has not been finally decided.

(2)

However, this section does not apply if the applicant for the resource consent notifies the authorised agency in writing that the applicant does not want this section to apply.

(3)

The application (and any subsequent appeals or objections) must be dealt with and determined as if the time-of-application version of the proposed new plan were the relevant operative plan.

Part 2 Amendment to Housing Act 1955

9 Principal Act

This Part amends the Housing Act 1955 (the principal Act).

10 Section 15 amended (Disposal of State housing land by sale or lease)

In section 15, insert as subsections (2) to (4):

(2)

To avoid doubt, sections 40 to 42 of the Public Works Act 1981 do not apply (and have never applied) to the disposal of State housing land if the land is disposed of as 1 or more of the following:

(a)

land with dwellings and ancillary commercial buildings erected on it:

(b)

land as sites for dwellings and ancillary commercial buildings:

(c)

land for schemes of development and subdivision into sites for dwellings and ancillary commercial buildings:

(d)

land for motorways, roads, streets, access ways, service lanes, reserves, pumping stations, drainage and water works, river and flood protection works, and other works that are either or both of the following:

(i)

for the benefit of State housing land or occupiers of that land:

(ii)

on, or for the benefit of, land referred to in paragraphs (a) to (c) or occupiers of that land.

(3)

Subsection (2) does not affect any right of first refusal that a person or group of persons has in relation to the land under any Treaty of Waitangi claims settlement or collective redress Act or deed.

(4)

Subsections (2) and (3) and this subsection are repealed on 15 September 2026.

Legislative history

6 September 2016

Introduction (Bill 167–1), first reading, second reading, committee of the whole House, third reading

12 September 2016

Royal assent

This Act is administered by the Ministry of Business, Innovation, and Employment.