Housing Accords and Special Housing Areas (Tauranga City) Order 2015

  • Any special housing area established by this order was disestablished on 16 September 2016 by section 18(1)(a) of the Housing Accords and Special Housing Areas Act 2013.

Reprint as at 20 May 2016

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Tauranga City) Order 2015

(LI 2015/11)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 2nd day of February 2015

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

Pursuant to sections 15 to 17 of the Housing Accords and Special Housing Areas Act 2013, His Excellency the Governor-General makes the following order, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Building and Housing made in accordance with sections 15(2) and (7) and 16(2), (3), and (4)(a)(i) of that Act.

Order

1 Title

This order is the Housing Accords and Special Housing Areas (Tauranga City) Order 2015.

2 Commencement

This order comes into force on the 28th day after the date of its notification in the Gazette.

3 Interpretation

In this order,—

nett developable area has the meaning given in Chapter 3 of the operative Tauranga City Plan

operative Tauranga City Plan

(a)

means the Tauranga City Plan made operative on 5 July 2014; and

(b)

includes all amendments to that plan notified before 1 January 2015.

4 Declaration of special housing areas

(1)

The area comprising all the land identified in each schedule of this order is severally declared to be a special housing area for the purposes of the Act.

(2)

If there is any inconsistency between the description of the land comprising a special housing area and the map of that land, the description prevails.

5 Criteria for qualifying developments in special housing areas and parts of special housing areas

(1)

The criteria set out in subclauses (2) to (4) apply for qualifying developments in each special housing area declared by clause 4.

(2)

The maximum number of storeys that buildings may have—

(a)

in each of the following special housing areas is 6:

(i)

Golden Sands special housing area (see Schedule 1):

(ii)

Ngā Pōtiki special housing area (see Schedule 2):

(iii)

Palm Springs special housing area (see Schedule 3):

(iv)

Papamoa Junction special housing area (see Schedule 4):

(v)

Te Okuroa Drive/Parton Road special housing area (see Schedule 5):

(vi)

Zariba special housing area (see Schedule 7):

(b)

in Waihi Road, Judea special housing area (see Schedule 6) is 2.

(3)

The maximum calculated height that buildings must not exceed—

(a)

in Golden Sands special housing area (see Schedule 1) is,—

(i)

for Areas 1, 2, and 3, 9.5 metres:

(ii)

for Areas 1A and 4, 17.5 metres:

(b)

in Ngā Pōtiki special housing area (see Schedule 2) is,—

(i)

for that part of Area 1 that lies within 40 metres of the special housing area boundary, 9.5 metres:

(ii)

for any other part of Area 1, 13 metres:

(iii)

for Area 2, 9 metres:

(c)

in Palm Springs special housing area (see Schedule 3) is,—

(i)

for land in the Wairakei Residential Zone (as defined in the operative Tauranga City Plan), 9.5 metres:

(ii)

for land in the proposed Neighbourhood Centre Zone (as defined in the operative Tauranga City Plan), 17.5 metres:

(d)

in Papamoa Junction special housing area (see Schedule 4) is 12 metres:

(e)

in Te Okuroa Drive/Parton Road special housing area (see Schedule 5) is 9.5 metres:

(f)

in Waihi Road, Judea special housing area (see Schedule 6) is 9 metres:

(g)

in Zariba special housing area (see Schedule 7) is 9.5 metres.

(4)

The minimum number of dwellings that must be built—

(a)

in each of the following special housing areas is the product of 15 and the number of hectares of nett developable area in that special housing area:

(i)

Golden Sands special housing area (see Schedule 1):

(ii)

Ngā Pōtiki special housing area (see Schedule 2):

(iii)

Papamoa Junction special housing area (see Schedule 4):

(iv)

Te Okuroa Drive/Parton Road special housing area (see Schedule 5):

(v)

Zariba special housing area (see Schedule 7):

(b)

in Palm Springs special housing area (see Schedule 3) is 1:

(c)

in Waihi Road, Judea special housing area (see Schedule 6) is 30.

(5)

For the purposes of subclause (4)(a), if the calculation of the number of dwellings results in a fractional dwelling of one-half or more, that dwelling is counted as 1 dwelling, and any lesser fraction may be disregarded.

Clause 5(3)(a)(ii): amended, on 20 May 2016, by clause 6(2) of the Housing Accords and Special Housing Areas (Tauranga—New May 2016 Areas) Order 2016 (LI 2016/93).

Schedule 1 Golden Sands special housing area

cl 4

Map of special housing area

Golden Sands special housing area

Description of Golden Sands special housing area

Land identification

Area 1

Part of Lot 524 DP 479762 limited to the land parcel bounded by lines described below, commencing at the southernmost corner of Lot 524 DP 479762, then—

(a)

in a north-westerly direction along the south-western boundary of Lot 524 DP 479762 for a distance of 533 metres; then

(b)

on a bearing of 42.30° for a distance of 26 metres; then

(c)

on a bearing of 121.31° for a distance of 63 metres; then

(d)

on a bearing of 49.95° for a distance of 14 metres; then

(e)

on a bearing of 72.72° for a distance of 34 metres; then

(f)

on a bearing of 138.19° for a distance of 27 metres; then

(g)

on a bearing of 80.77° for a distance of 17 metres; then

(h)

on a bearing of 167.35° for a distance of 27 metres; then

(i)

on a bearing of 78.74° for a distance of 53 metres; then

(j)

on a bearing of 348.94° for a distance of 27 metres; then

(k)

on a bearing of 79.10° for a distance of 9 metres; then

(l)

on a bearing of 168.33° for a distance of 27 metres; then

(m)

on a bearing of 79.13° for a distance of 153 metres; then

(n)

on a bearing of 44.78° for a distance of 61 metres; then

(o)

on a bearing of 30.00° for a distance of 55 metres; then

(p)

on a bearing of 120.00° for a distance of 15 metres; then

(q)

on a bearing of 30.00° for a distance of 17 metres; then

(r)

on a bearing of 300.00° for a distance of 15 metres; then

(s)

on a bearing of 27.01° for a distance of 31 metres; then

(t)

on a bearing of 33.83° for a distance of 81 metres; then

(u)

on a bearing of 34.23° for a distance of 120 metres; then

(v)

on a bearing of 47.14° for a distance of 197 metres; then

(w)

continue along the north-eastern, eastern and south-eastern boundaries of Lot 524 DP 479762 to the southernmost corner of Lot 524 DP 479762; but

(x)

excluding Area 1A.

Area 1A

That part of Lot 524 DP 479762 limited to the land parcel bounded by lines described below, starting from the point that is 234 metres in a southerly direction along the north-eastern boundary of Lot 524 DP 479762 from the north-easternmost corner of Lot 524 DP 479762 (the commencement point); then—

(a)

on a bearing of 257°32′ for a distance of 205.95 metres; then

(b)

on a bearing of 219°14′ for a distance of 40.24 metres; then

(c)

on a bearing of 200°22′ for a distance of 4.15 metres; then

(d)

on a bearing of 116°23′ for a distance of 140.58 metres; then

(e)

on a bearing of 114°36′ for a distance of 100.30 metres; then

(f)

on a bearing of 3°22′40″ for a distance of 184.06 metres reaching the commencement point.

Area 2

Part of Lot 524 DP 479762, located directly south-east of Lot 1 DP 470539 (61 Golden Sands Drive), Papamoa East, Tauranga, limited to the land parcel bounded by lines described below, commencing at the southernmost corner of Lot 1 DP 470539, then—

(a)

in a north-easterly direction along the south-eastern boundary of Lot 1 DP 470539 to the southernmost point of Lot 1 DP 455651; then

(b)

extending north-east along the boundary with Conservation Zone land as in the operative Tauranga City Plan being the south-eastern boundary of Lot 1 DP 455651 for a distance of 20 metres; then

(c)

on a bearing of 135.00° for a distance of 13 metres; then

(d)

on a bearing of 180.00° for a distance of 45 metres; then

(e)

on a bearing of 195.00° for a distance of 22 metres; then

(f)

on a bearing of 210.00° for a distance of 57 metres; then

(g)

on a bearing of 225.00° for a distance of 50 metres; then

(h)

on a bearing of 265.00° for a distance of 65 metres; then

(i)

on a bearing of 275.00° for a distance of 55 metres; then

(j)

on a bearing of 293.90° for a distance of 36.6 metres to the southernmost corner of Lot 1 DP 470539.

Area 3

Lot 500 DP 460759

Area 4

Lot 523 DP 472500

Schedule 1: amended, on 20 May 2016, by clause 6(3) of the Housing Accords and Special Housing Areas (Tauranga—New May 2016 Areas) Order 2016 (LI 2016/93).

Schedule 1: amended, on 20 May 2016, by clause 6(4) of the Housing Accords and Special Housing Areas (Tauranga—New May 2016 Areas) Order 2016 (LI 2016/93).

Schedule 1: amended, on 20 May 2016, by clause 6(5) of the Housing Accords and Special Housing Areas (Tauranga—New May 2016 Areas) Order 2016 (LI 2016/93).

Schedule 1: amended, on 20 May 2016, by clause 6(6) of the Housing Accords and Special Housing Areas (Tauranga—New May 2016 Areas) Order 2016 (LI 2016/93).

Schedule 2 Ngā Pōtiki special housing area

cl 4

Map of special housing area

Ngā Pōtiki special housing area

Description of Ngā Pōtiki special housing area

Land identification
Area 1
All land as part of SEC 2 SO 464062 directly south of (and excluding) land zoned Conservation and Greenbelt in the operative Tauranga City Plan that lies within Section 2 SO 464062.
Area 2
All land as part of SEC 2 SO 464062 directly north of (and excluding) land zoned Conservation and Greenbelt in the operative Tauranga City Plan that lies within Section 2 SO 464062.

Schedule 3 Palm Springs special housing area

cl 4

Map of special housing area

Palm Springs special housing area

Description of Palm Springs special housing area

Land identification

Part of Lot 500 DP 471626 limited to the land parcel bounded by lines described below, commencing at a point 98.0 metres south (along the eastern boundary) of the north-east corner of Lot 500 DP 471626, then—

(1)

on a bearing of 285.10° for a distance of 71 metres; then

(2)

on a bearing of 296.75° for a distance of 95 metres; then

(3)

on a bearing of 205.95° for a distance of 27 metres; then

(4)

on a bearing of 170.85° for a distance of 28 metres; then

(5)

on a bearing of 210.00° for a distance of 30 metres; then

(6)

on a bearing of 129.78° for a distance of 8 metres; then

(7)

on a bearing of 210.00° for a distance of 37 metres; then

(8)

on a bearing of 201.10° for a distance of 40 metres; then

(9)

on a bearing of 221.80° for a distance of 14 metres; then

(10)

on a bearing of 213.31° for a distance of 36 metres; then

(11)

on a bearing of 127.63° for a distance of 6 metres; then

(12)

on a bearing of 213.19° for a distance of 37 metres; then

(13)

on a bearing of 202.69° for a distance of 28 metres; then

(14)

on a bearing of 214.45° for a distance of 35 metres; then

(15)

on a bearing of 304.45° for a distance of 25 metres; then

(16)

on a bearing of 320.00° for a distance of 23 metres; then

(17)

on a bearing of 298.10° for a distance of 27 metres; then

(18)

on a bearing of 210.00° for a distance of 50 metres; then

(19)

on a bearing of 214.47° for a distance of 93 metres; then

(20)

on a bearing of 225.00° for a distance of 30 metres; then

(21)

on a bearing of 311.45° for a distance of 48 metres; then

(22)

on a bearing of 225.00° for a distance of 87 metres; then

(23)

on a bearing of 136.12° for a distance of 50 metres; then

(24)

on a bearing of 243.80° for a distance of 40 metres; then

(25)

on a bearing of 261.03° for a distance of 50 metres; then

(26)

on a bearing of 279.32° for a distance of 50 metres; then

(27)

on a bearing of 295.29° for a distance of 50 metres; then

(28)

on a bearing of 315.00° for a distance of 50 metres; then

(29)

on a bearing of 325.70° for a distance of 40 metres; then

(30)

on a bearing of 344.52° for a distance of 100 metres; then

(31)

on a bearing of 353.58° for a distance of 40 metres; then

(32)

on a bearing of 00.00° for a distance of 53 metres; then

(33)

on a bearing of 88.17° for a distance of 120 metres; then

(34)

on a bearing of 00.00° for a distance of 28 metres; then

(35)

on a bearing of 270.00° for a distance of 6 metres; then

(36)

on a bearing of 00.00° for a distance of 33 metres; then

(37)

along the southern and western boundaries of Lot 2 DP 471626 to the north-western corner of Lot 2 DP 471626; then

(38)

on a bearing of 254.93° for a distance of 21 metres; then

(39)

on a bearing of 275.13° for a distance of 95 metres; then

(40)

on a bearing of 295.63° for a distance of 126 metres; then

(41)

in a south-westerly direction along the north-western boundary of Lot 500 DP 471626 until reaching a point that is 235 metres from the south-west corner of Lot 500 DP 471626; then

(42)

on a bearing of 153.26° for a distance of 31 metres; then

(43)

on a bearing of 183.67° for a distance of 93 metres; then

(44)

on a bearing of 143.69° for a distance of 38 metres; then

(45)

on a bearing of 131.39° for a distance of 52 metres; then

(46)

on a bearing of 120.00° for a distance of 72 metres; then

(47)

on a bearing of 115.11° for a distance of 350 metres; then

(48)

on a bearing of 112.00° for a distance of 139 metres; then

(49)

on a bearing of 100.02° for a distance of 100 metres; then

(50)

along the western and northern boundaries of SEC 11 SO 436269; then

(51)

along the eastern boundary of Lot 500 DP 471626 until reaching the commencing point.

Schedule 4 Papamoa Junction special housing area

cl 4

Map of special housing area

Papamoa Junction special housing area

Description of Papamoa Junction special housing area

Area (ha)
8.3940
Land identification
Lot 1 DPS 57684
Lot 2 DPS 57684

Schedule 5 Te Okuroa Drive/Parton Road special housing area

cl 4

Map of special housing area

Te Okuroa Drive/Parton Road special housing area

Description of Te Okuroa Drive/Parton Road special housing area

Area (ha)
16.2373
Land identification
Lot 2 DP 429801
Lot 3 DP 317472
Lot 1 DPS 14276
Lot 1 DP 325745
Lot 2 DP 325745
Lot 1 DPS 82613
Lot 2 DPS 82613
Lot 3 DPS 82613

Schedule 6 Waihi Road, Judea special housing area

cl 4

Map of special housing area

Waihi Road, Judea special housing area

Description of area declared to be Waihi Road, Judea special housing area

Area (ha)
0.7724
Land identification
Lot 2 DP 34225

Schedule 7 Zariba special housing area

cl 4

Map of special housing area

Zariba special housing area

Description of Zariba special housing area

Area (ha)
18.3720
Land identification
Lot 1 DP 429801

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on the 28th day after the date of its notification in the Gazette, declares 7 areas in Tauranga to be special housing areas for the purposes of the Housing Accords and Special Housing Areas Act 2013 (the Act). The land comprising each special housing area is described and shown on a map in a schedule of the order.

The order also specifies the criteria that a development in each of the special housing areas must meet in order to be a qualifying development for the purposes of the Act. Those criteria, which are additional to the requirement under the Act that the development will be predominantly residential, are—

  • the minimum number of dwellings that must be built:

  • the maximum number of storeys that buildings in the development may have and the maximum height that they may be.

This order does not prescribe affordability criteria for any of the 7 special housing areas.

The overall effect of the order is that if a proposed development in a special housing area will be predominantly residential and meets the criteria specified for qualifying developments, applications for resource consents relating to the development can (but do not have to) be made under the Act instead of under the Resource Management Act 1991. Also, because Tauranga City Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the Tauranga City Plan in certain circumstances where that is associated with the resource consent application.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 5 February 2015.

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

Reprints notes
1 General

This is a reprint of the Housing Accords and Special Housing Areas (Tauranga City) Order 2015 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Housing Accords and Special Housing Areas (Tauranga—New May 2016 Areas) Order 2016 (LI 2016/93): clause 6