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 11 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.
This order is the sixth to create special housing areas in Auckland. The preceding orders are—
Date of notification in Gazette: 29 October 2015.
This order is administered by the Ministry of Business, Innovation, and Employment.