Housing Accords and Special Housing Areas (Auckland—New June 2015 Area) 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.

2015/165

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Auckland—New June 2015 Area) Order 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 29th day of June 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—

(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 (Auckland—New June 2015 Area) 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,—

proposed Auckland combined plan, unless stated otherwise,—

(a)

means the proposed Auckland combined plan as at 30 September 2013; and

(b)

does not include an amendment or a variation that, but for this provision, would be included under paragraph (b) of the definition of that term in section 6(1) of the Act

relevant date means the date on which the relevant resource consent application or request to vary the proposed Auckland combined plan is made under the Act, whichever is the earlier.

4 Declaration of special housing area

(1)

The area comprising all the land identified in the Schedule is 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 the special housing area and the map of that land, the description prevails.

5 Criteria for qualifying developments in special housing area

(1)

The following criteria apply for qualifying developments in the special housing area declared by clause 4:

(a)

the maximum number of storeys that buildings may have is 5:

(b)

the maximum calculated height that buildings must not exceed is 27 metres (as provided in section 14(1)(b)(ii) of the Act):

(c)

the minimum number of dwellings to be built in each qualifying development is 15:

(d)

the percentage of dwellings that must be affordable dwellings in each qualifying development is—

(i)

10%, according to criteria A; or

(ii)

5%, according to criteria B.

(2)

In subclause (1)(d)(i), a development meets criteria A for the percentage of dwellings that must be affordable dwellings if,—

(a)

in relation to 10% of the proposed dwellings, the price at which a dwelling may be sold does not exceed 75% of the Auckland region median house price for the most recent full month of September (in relation to the relevant date) published by the Real Estate Institute of New Zealand Incorporated; and

(b)

where the application is for a subdivision consent, the applicant—

(i)

identifies the lots of the subdivision allocated for the building of dwellings that meet the criterion in paragraph (a); and

(ii)

specifies the mechanism for ensuring that any building built on any of those lots is a dwelling that will meet that criterion or is a building associated with such a dwelling.

(3)

For the purposes of calculating whether a development meets the 10% threshold in subclause (2)(a),—

(a)

a proposed dwelling may be treated as if it were 2 dwellings that meet the requirements for criteria A if the price at which the dwelling may be sold would mean that the monthly mortgage payments for a household receiving the Auckland median household income (as published by Statistics New Zealand for the most recent June quarter before the relevant date) would not exceed 30% of the household’s gross monthly income, based on the assumptions set out in subclause (4)(a)(i) and (ii); and

(b)

if the calculation of the percentage of dwellings that must be affordable dwellings results in a fractional dwelling of one-half or more, that fraction is counted as 1 dwelling, and any lesser fraction may be disregarded.

(4)

In subclause (1)(d)(ii), a development meets criteria B for the percentage of dwellings that must be affordable dwellings if,—

(a)

in relation to 5% of the proposed dwellings, the price at which a dwelling may be sold would mean that the monthly mortgage payments for a household receiving the Auckland median household income (as published by Statistics New Zealand for the most recent June quarter before the relevant date) would not exceed 30% of the household’s gross monthly income, based on the assumptions that—

(i)

the dwelling is purchased with a 10% deposit; and

(ii)

the balance of the purchase price is financed by a 30-year reducing loan, secured by a single mortgage over the property, at a mortgage interest rate equal to the most recent average 2-year fixed rate (in relation to the relevant date) published by the Reserve Bank of New Zealand as part of the data for its key graph on mortgage rates offered to new customers for residential home loans; and

(b)

where the application is for a subdivision consent, the applicant—

(i)

identifies the lots of the subdivision allocated for the building of dwellings that meet the criterion in paragraph (a); and

(ii)

specifies the mechanism for ensuring that any building built on any of those lots is a dwelling that will meet that criterion or is a building associated with such a dwelling; and

(c)

if the calculation of the percentage of dwellings that must be affordable dwellings results in a fractional dwelling of one-half or more, that fraction is counted as 1 dwelling, and any lesser fraction may be disregarded.

Schedule McLarin Road, Glenbrook special housing area

cl 4

Map of special housing area

McLarin Road, Glenbrook special housing area

Description of McLarin Road, Glenbrook special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 35148021081436.3183
Lot 2 DP 3514802108150.8130
Lot 1 DP 18680NA56A/3231.8775
Lot 1 DP 21692NA56A/32429.0488
Lot 2 DP 204733NA132C/1237.9870
Lot 1 DP 204733NA132C/1220.3082
Lot 3 DP 160963NA96D/924.1980
Lot 4 DP 160963NA96D/936.2850
Lot 1 DP 79908NA36C/10360.0814

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 an area in Auckland 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, 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 buildings may be:

  • the percentage of dwellings that must be affordable dwellings and the affordability criteria.

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 can (but do not have to) be made under the Act instead of under the Resource Management Act 1991. Also, because Auckland Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the proposed Auckland combined 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: 2 July 2015.

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