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

2015/192

Coat of Arms of New Zealand

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

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 17th day of August 2015

Present:
The Right Hon John Key presiding 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 August 2015 Areas) Order 2015.

2 Commencement

This order comes into force on the 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 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

(1)

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

(a)

the maximum number of storeys that buildings may have is 6 (as provided in section 14(1)(b)(i) of the Act):

(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,—

(i)

in Bremner Road, Drury special housing area (see Schedule 1), 50:

(ii)

in Fred Taylor Drive, Massey Extension special housing area (see Schedule 2), 4:

(d)

the percentage of dwellings that must be affordable dwellings, for qualifying developments relating to 15 or more dwellings only, 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 1 Bremner Road, Drury special housing area

cl 4

Map of special housing area

Brenmer Road, Drury special housing area

Bremner Road, Drury special housing area

Description of Bremner Road, Drury special housing area

Land identificationCT numberArea (ha)
Lot 10 DP 166291NA100D/6914.4140
Lot 9 DP 166291NA100D/6905.9830
Pt Lot 9 DP 12364NA964/549.4249
Lot 8 DP 12364NA400/3210.0385
Lot 1 DP 941174297877.6189
Lot 1 DP 1646254297882.1680
Lot 1 DP 3711072877982.6469
Lot 2 DP 119463NA68C/9364.0031
Lot 1 DP 119463NA68C/9354.2317
Lot 1 DP 198792NA125B/6671.5245
Lot 4 DP 102261NA57B/13011.0830
Lot 5 DP 102261NA57B/13021.0540
Lot 1 DP 102261NA57B/12981.0269
Lot 2 DP 99330NA54B/2744.0090
Lot 1 DP 132199NA77B/8994.0000
Lot 2 DP 132199NA77B/9004.7200

Schedule 2 Fred Taylor Drive, Massey Extension special housing area

cl 4

Map of special housing area

Fred Taylor Drive, Massey Extension special housing area

Fred Taylor Drive, Massey Extension special housing area

Description of Fred Taylor Drive, Massey Extension special housing area

Street addressLand identificationCT number
4/43 Fred Taylor Drive, Massey (part of 43–57 Fred Taylor Drive)That part of Pt Lot 43 DP 2088 that is zoned for Open Space in the proposed Auckland combined planNA67C/473

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 day after the date of its notification in the Gazette, declares 2 areas in Auckland 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 buildings may be:

  • where the development relates to 15 or more dwellings, 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: 20 August 2015.

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