Jerry Mateparae, Governor-General
At Wellington this 16th day of March 2015
Present:His Excellency the Governor-General in Council
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—
on the advice and with the consent of the Executive Council; and
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.
This order is the Housing Accords and Special Housing Areas (Western Bay of Plenty District) Order 2015.
This order comes into force on the 28th day after the date of its notification in the Gazette.
In this order,—
Act means the Housing Accords and Special Housing Areas Act 2013
operative Western Bay of Plenty District Plan—
means the Western Bay of Plenty District Plan made operative on 16 June 2012; and
includes all amendments to that plan notified before 1 January 2015.
The area comprising all the land identified in the Schedule of this order is declared to be a special housing area for the purposes of the Act.
If there is any inconsistency between the description of the land comprising the special housing area and the map of that land, the description prevails.
The following criteria apply for qualifying developments in the special housing area declared by clause 4:
Maximum height of buildings
the maximum number of storeys that buildings may have is 2:
the maximum calculated height that buildings must not exceed is 9 metres:
Minimum number of dwellings
the minimum number of dwellings that must be built in each qualifying development is the product of 15 and the number of hectares of nett developable land in that qualifying development:
a minimum of 25% of the dwellings in each qualifying development must have a maximum land and house price of $350,000:
a minimum of 25% of the dwellings in each qualifying development must have a maximum land and house price of between $350,001 and $400,000.
In subclause (1)(c), unless the context otherwise requires,—
nett developable land—
means a given area of land for greenfield subdivision or development; and
includes land used for—
residential activity purposes, including all open space and on-site parking associated with dwellings; and
local roads and roading corridors, including pedestrian and cycleways (but excluding expressways, motorways, strategic roads, and arterial roads as defined in the roading hierarchy); and
collector roads and roading corridors (as defined in the roading hierarchy) where direct access from allotments is obtained; and
neighbourhood reserves; but
excludes land that is—
stormwater ponds and detention areas; or
geotechnically constrained (such as land subject to subsidence or inundation); or
set aside to protect significant ecological, cultural, heritage, or landscape values; or
set aside for non-local recreation, esplanade reserves, or access strips that form part of a larger regional, sub-regional, or district network; or
identified or used for non-residential activities including business activities, schools, network utilities, health centres, or other district, regional, or sub-regional facilities
roading hierarchy has the meaning given in section 4B.4.1 of the operative Western Bay of Plenty District Plan.
If direct access from allotments is obtained on only 1 side of the collector road or roading corridor, only 50% of the area of the collector road or roading corridor may be counted when calculating the nett developable land.
If a calculation of the number or percentage of dwellings under this clause results in a fractional dwelling of one-half or more, that dwelling is counted as 1 dwelling, and any lesser fraction may be disregarded.
Omokoroa Tranche 1 special housing area
Michael Webster,Clerk of the Executive Council.
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 an area in Western Bay of Plenty District to be a special housing area for the purposes of the Housing Accords and Special Housing Areas Act 2013 (the Act). The land comprising the special housing area is described and shown on a map in the Schedule of the order. The order also specifies the criteria that a development in the special housing area 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, relate to—
the maximum number of storeys that buildings in the development may have and the maximum height that they may be:
the minimum number of dwellings to be built:
the percentage of dwellings that must be affordable dwellings.
The overall effect of the order is that if a proposed development in the 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 the Resource Management Act 1991. Also, because Western Bay of Plenty District Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the operative Western Bay of Plenty District 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: 19 March 2015.
This order is administered by the Ministry of Business, Innovation, and Employment.