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

2015/305

Coat of Arms of New Zealand

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

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 7th day of December 2015

Present:
Her Excellency the Administrator of the Government in Council

Pursuant to sections 15 to 17 of the Housing Accords and Special Housing Areas Act 2013, Her Excellency the Administrator of the Government 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 December 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 Takanini Strategic Extension special housing area (see Schedule 9), 50; and

(ii)

in each other special housing area, 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 Hillary Crescent, Belmont special housing area

cl 4

Map of special housing area

Hillary Crescent, Belmont special housing area

Description of Hillary Crescent, Belmont special housing area

Land identificationCT numberArea (ha)
Lot 36 DP 405365477890.0784
Lot 37 DP 405365477880.0807
Lot 38 DP 405365477790.0857
Lot 39 DP 405365477780.0728
Lot 40 DP 405365477770.0728
Lot 41 DP 405365477760.0827
Lot 42 DP 405365477220.0789
Lot 43 DP 405365477230.0789
Lot 44 DP 405365477240.0873
Lot 45 DP 405365477250.0946
Lot 46 DP 405365477260.0948
Lot 47 DP 405365477270.0807
Lot 48 DP 405365477280.0804
Lot 49 DP 405365477290.0804
Lot 50 DP 405365477300.0804
Lot 51 DP 405365477310.0804
Lot 52 DP 405365477320.0779
Lot 53 DP 405365477330.0696
Lot 54 DP 405365477340.0804
Lot 2 DP 405365477490.0809
Lot 1 DP 405365477480.0822
Lot 28 DP 405365477750.0911
Lot 27 DP 405365477740.0797
Lot 26 DP 405365477730.0774
Lot 25 DP 405365477720.1318
Lot 24 DP 405365477710.1356
Lot 23 DP 405365477700.0991
Lot 22 DP 405365477690.0916
Lot 21 DP 405365477680.1151
Lot 20 DP 405365477670.0870
Lot 19 DP 405365477660.0885
Lot 18 DP 405365477650.0822
Lot 17 DP 405365477640.0812
Lot 16 DP 405365477630.0804
Lot 15 DP 405365477620.0794
Lot 14 DP 405365477610.0830
Lot 13 DP 405365477600.0855
Lot 12 DP 405365477590.0916
Lot 11 DP 405365477580.1060
Lot 10 DP 405365477570.0900
Lot 9 DP 405365477560.0890
Lot 8 DP 405365477550.1298
Lot 7 DP 405365477540.1343
Lot 6 DP 405365477530.1002
Lot 5 DP 405365477520.1462
Lot 4 DP 405365477510.1108
Lot 3 DP 405365477500.0943
Lot 67 DP 405365477470.1002
Lot 66 DP 405365477460.0999
Lot 65 DP 405365477450.0948
Lot 64 DP 405365477440.0860
Lot 63 DP 405365477430.0789
Lot 62 DP 405365477420.0817
Lot 61 DP 405365477410.0817
Lot 60 DP 405365477400.0817
Lot 59 DP 405365477390.0787
Lot 58 DP 405365477380.0761
Lot 57 DP 405365477370.0784
Lot 56 DP 405365477360.0690
Lot 55 DP 405365477350.0690
Lot 35 DP 405365477870.0756
Lot 34 DP 405365477860.0756
Lot 33 DP 405365477850.1396
Lot 32 DP 405365477840.1055
Lot 31 DP 405365477830.0870
Lot 68 DP 405365477820.1330
Lot 30 DP 405365477810.0981
Lot 29 DP 405365477800.0723
Lot 1 DP 411325478020.0807
Lot 2 DP 411325478010.0741
Lot 3 DP 411325478000.0696
Lot 4 DP 411325477990.0868
Lot 5 DP 411325477980.1199
Lot 6 DP 411325477970.1050
Lot 7 DP 411325477960.0976
Lot 8 DP 411325477950.1085
Lot 9 DP 411325477940.0814
Lot 10 DP 411325477930.0751
Lot 11 DP 411325477920.0701
Lot 12 DP 411325477910.0713
Lot 13 DP 411325477900.0736
Lot 71 DP 40536None0.1672
Lot 69 DP 40536None1.2267
Lot 15 DP 41132None0.0144
Lot 14 DP 41132None0.2985
Lot 72 DP 40536None0.6639
Lot 1 DP 25049None0.0061

Schedule 2 Karepiro Drive, Stanmore Bay special housing area

cl 4

Map of special housing area

Karepiro Drive, Stanmore Bay special housing area

Description of Karepiro Drive, Stanmore Bay special housing area

Land identificationCT numberArea (ha)
That Part of Lot 800 DP 480643 that is zoned Mixed Use in the proposed Auckland combined plan.6721096.4800 (approx)

Schedule 3 Larch Street, Avondale special housing area

cl 4

Map of special housing area

Larch Street, Avondale special housing area

Description of Larch Street, Avondale special housing area

Land identificationCT numberArea (ha)
Lot 20 DP 38924NA1072/1310.0898
Lot 19 DP 38924NA10D/6820.2084
Lot 13 DP 38924NA41D/4330.2223

Schedule 4 Mcannalley Street, Manurewa special housing area

cl 4

Map of special housing area

McAnnalley Street, Manurewa special housing area

Description of Mcannalley Street, Manurewa special housing area

Land identificationCT numberArea (ha)
Lot 10 DP 167753NA101D/1650.5107
Lot 9 DP 167753NA101D/1640.3522

Schedule 5 Meadowbank Road, Meadowbank special housing area

cl 4

Map of special housing area

Meadowbank Road, Meadowbank special housing area

Description of Meadowbank Road, Meadowbank special housing area

Land identificationCT numberArea (ha)
Lot 13 DP 17585NA424/680.0663
Lot 1 DP 182412NA113C/4360.0609
Lot 3 DP 182412NA113C/4380.0457
Lot 2 DP 182412NA113C/4370.0502
Lot 6 DP 182412NA113C/436, NA113C/437, NA113C/438, NA113C/439, NA113C/4400.0478
Lot 5 DP 182412NA113C/4400.0874
Lot 4 DP 182412NA113C/4390.0417
Lot 10 DP 17585NA678/2630.0612

Schedule 6 Mill Road, Alfriston special housing area

cl 4

Map of special housing area

Mill Road, Alfriston special housing area

Description of Mill Road, Alfriston special housing area

Land identificationCT numberArea (ha)
Lot 1000 DP 4732046469093.4172

Schedule 7 Mountain Road, Epsom special housing area

cl 4

Map of special housing area

Mountain Road, Epsom special housing area

Description of Mountain Road, Epsom special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 209454NA134D/7890.1865
Section 1 SO 69497NA134D/7890.0084
Lot 1 DP 10962NA138A/430.1161
Lot 1 DP 1955250.0419

Schedule 8 St Georges Road, Avondale special housing area

cl 4

Map of special housing area

St Georges Road, Avondale special housing area

Description of St Georges Road, Avondale special housing area

Land identificationCT numberArea (ha)
Lot 2 DP 3920843703990.4060
Lot 1 DP 73282NA29B/7220.1191
Lot 1 DP 3920843703980.1380

Schedule 9 Takanini Strategic Extension special housing area

cl 4

Map of special housing area

Takanini Strategic Extension special housing area

Description of Takanini Strategic Extension special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 85918NA47A/8832.1108
Lot 2 DP 85918NA47A/8842.1022
Lot 3 DP 85918NA47A/8852.1119
Lot 9 DP 85918NA47A/8912.3932
Lot 8 DP 85918NA47A/8902.3939
Lot 7 DP 85918NA47A/8892.0278
Lot 6 DP 85918NA47A/8882.3946
Lot 5 DP 85918NA47A/8872.0280
Lot 4 DP 85918NA47A/8862.0046

Schedule 10 Wellington Street, Freemans Bay special housing area

cl 4

Map of special housing area

Wellington Street, Freemans Bay special housing area

Description of Wellington Street, Freemans Bay special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 83910NA89C/3590.1887
NA86C/375
NZ86C/232
NA86C/236
NA86C/237
NA86C/238
NA86C/239
NA86C/240
NA86C/233
NA86C/234
NA86C/235

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 10 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: 10 December 2015.

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