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

Order

1 Title

This order is the Housing Accords and Special Housing Areas (Auckland—New October 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 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 Bute Road, Browns Bay special housing area

cl 4

Map of special housing area

Bute Road, Browns Bay special housing area

Description of Bute Road, Browns Bay special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 4749266533630.1747

Schedule 2 College Hill, Ponsonby special housing area

cl 4

Map of special housing area

College Hill, Ponsonby special housing area

Description of College Hill, Ponsonby special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 84274NA49D/1070.2364
NA49D/108
NA49D/109
NA49D/110
NA49A/1167
NA49A/1168
NA49A/1169
NA49A/1170
NA49D/111
NA49D/112
NA49D/113
NA49D/114
NA49D/115
NA49D/116
NA49D/117
NA49D/118
NA49D/119
NA49D/120
NA49D/121
NA49D/122
NA49D/123
NA49D/124
NA49D/125
NA49D/126
NA49D/127
NA49D/128
NA49D/129
NA49D/130

Schedule 3 Corner Cornwall Park Avenue and Great South Road, Greenlane special housing area

cl 4

Map of special housing area

Cnr Cornwell Park Avenue and Great South Road, Greenlane special housing area

Description of Corner Cornwall Park Avenue and Great South Road, Greenlane special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 29949NA737/217, NA737/218, NA93C/848, NA54B/10190.0501
Lot 2 DP 299490.0493
Lot 31 DP 74840.0900
Lot 4 DP 995930.0891

Schedule 4 Great South Road, Manurewa special housing area

cl 4

Map of special housing area

Great South Road, Manurewa special housing area

Description of Great South Road, Manurewa special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 36157NA947/2140.1012
Lot 1 DP 38940NA71B/5900.0966
Lot 2 DP 1226400.0175

Schedule 5 James Road, Manurewa special housing area

cl 4

Map of special housing area

James Road, Manurewa special housing area

Description of James Road, Manurewa special housing area

Land identificationCT numberArea (ha)
Lot 6 DP 13484NA385/2220.1072
Lot 1 DP 68052NA23C/3740.1062

Schedule 6 Kingdon Street, Newmarket special housing area

cl 4

Map of special housing area

Kingdon Street, Newmarket special housing area

Description of Kingdon Street, Newmarket special housing area

Land identificationCT numberArea (ha)
Lot 2 DP 58982NA16C/1440.0536
Lot 1 DP 58982NA16C/1430.0658

Schedule 7 Kirkbride Road, Mangere special housing area

cl 4

Map of special housing area

Kirkbride Road, Mangere special housing area

Description of Kirkbride Road, Mangere special housing area

Land identificationCT numberArea (ha)
Lot 23 DP 9465NA73C/5091.4451
Lot 2 DP 1261180.2478

Schedule 8 Layard Street, Avondale special housing area

cl 4

Map of special housing area

Layard Street, Avondale special housing area

Description of Layard Street, Avondale special housing area

Land identificationCT numberArea (ha)
Lot 7 DP 51463NA1A/8270.0799
Lot 1 DP 72336NA28C/14340.3634
Lot 8 DP 51463NA10A/8010.0819
NA35D/872
NA20C/1024
NA119D/483
Lot 9 DEEDS Whau 79NA544/2620.0825

Schedule 9 Pacific Events Centre Drive, Manukau special housing area

cl 4

Map of special housing area

Pacific Events Centre Drive, Manukau special housing area

Description of Pacific Events Centre Drive, Manukau special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 3638982599613.2062
Lot 2 DP 3638982599626.0010

Schedule 10 Sunnybrae Road, Hillcrest special housing area

cl 4

Map of special housing area

Sunnybrae Road, Hillcrest special housing area

Description of Sunnybrae Road, Hillcrest special housing area

Land identificationCT numberArea (ha)
Lot 2 DP 48239NA1867/641.5788
Lot 1 DP 51079NA2100/660.8966

Schedule 11 Takanini Road, Takanini special housing area

cl 4

Map of special housing area

Takanini Road, Papakura special housing area

Description of Takanini Road, Takanini special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 3261121057910.7970
Lot 2 DP 86237NA44A/1230.0607
Lot 1 DP 86237NA44A/1220.0837
Lot 82 DP 16667NA1985/900.1338
Lot 83 DP 16667NA8B/11520.1341
Pt Allotment 110 PSH of PapakuraNA51D/8070.1467

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 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.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 October 2015.

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