Housing Accords and Special Housing Areas (Auckland—New February 2016 Areas) Order 2016

2016/5

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Auckland—New February 2016 Areas) Order 2016

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 15th day of February 2016

Present:
His Excellency the Governor-General in Council

This order is made under sections 15 to 17 of the Housing Accords and Special Housing Areas Act 2013—

(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 February 2016 Areas) Order 2016.

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)

50 in each of the following special housing areas:

(A)

Argent Lane, Wainui special housing area (see Schedule 1):

(B)

Bremner Road, Drury Extension special housing area (see Schedule 2):

(C)

Ockleston Landing, Hobsonville special housing area (see Schedule 11):

(ii)

4 in each other special housing area:

(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.

(5)

For the purpose of calculating whether a development meets the 5% threshold in subclause (4)(a), 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 Argent Lane, Wainui special housing area

cl 4

Map of special housing area

Argent Lane, Wainui special housing area

Description of Argent Lane, Wainui special housing area

Land identificationCT numberArea (ha)
Lot 3 DP 151229NA90A/7136.4280
Lot 5 DP 151229
Section 1 SO 67469
NA118B/2086.6250
0.3896
Lot 14 DP 168913NA118B/2099.8324
Lot 13 DP 168913NA103A/1076.6458
Lot 7 DP 151229NA90A/7167.4230
Lot 11 DP 151229NA90A/7209.6300
Lot 10 DP 151229NA90A/7198.3000
Lot 12 DP 168913NA103A/1068.0200
Lot 9 DP 151229NA90A/7188.0260
Lot 1 DP 310551413915.2958
Section 6 SO 70732
Section 5 SO 70732
547933.1090
0.0062
Section 1 SO 30883710098059.4700
Lot 1 DP 63393NA80C/10635.4252
Lot 3 DP 72198
Section 2 SO 67469
NA107B/502.7343
0.3850
Lot 5 DP 72198NA28B/14559.1583

Schedule 2 Bremner Road, Drury Extension special housing area

cl 4

Map of special housing area

Bremner Road, Drury Extension special housing area

Description of Bremner Road, Drury Extension special housing area

Land identificationCT numberArea (ha)
Lot 2 DP 3763553070282.5769
Lot 3 DP 119463
Lot 4 DP 113113
Lot 3 DP 99330
Lot 3 DP 132199
3070272.1100
2.3700
0.5550
0.8000
Lot 1 DP 3763551.5836
Lot 1 DP 37093NA964/530.1285
Lot 3 DP 113113
Lot 2 DP 113113
NA63C/6538.8148
1.8128
Lot 1 DP 113113NA63C/6520.6783
Lot 1 DP 168112NA102B/1970.4335
Lot 2 DP 168112NA102B/1980.5947
Lot 1 DP 188360NA118C/390.1542

Schedule 3 Brightside Road, Stanmore Bay special housing area

cl 4

Map of special housing area

Brightside Road, Stanmore Bay special housing area

Description of Brightside Road, Stanmore Bay special housing area

Land identificationCT numberArea (ha)
Lot 6 LT 486804NA47B/135, NA47B/136 (Part)0.4102

Schedule 4 Canal Road, Avondale special housing area

cl 4

Map of special housing area

Canal Road, Avondale special housing area

Description of Canal Road, Avondale special housing area

Land identificationCT numberArea (ha)
Lot 8 DP 47544NA1877/830.0703
Lot 9 DP 47544NA1827/70.0703

Schedule 5 Forge Way, Mt Wellington special housing area

cl 4

Map of special housing area

Forge Way, Mt Wellington special housing area

Description of Forge Way, Mt Wellington special housing area

Land identificationCT numberArea (ha)
Lot 11 DP 193634NA122D/715 0.1746

Schedule 6 Hobsonville Point (Catalina Precinct) and Marine Industry Precinct Extension special housing area

cl 4

Map of special housing area

Hobsonville Point (Catalina Precinct) and Marine Industry Precinct Extension special housing area

Description of Hobsonville Point (Catalina Precinct) and Marine Industry Precinct Extension special housing area

The area of Part of Lot 4 DP 463057 and Part of Lot 2 DP 463057 and the northernmost Part of Lot 21 DP 486479, located within the Hobsonville Point Sub-precinct D zoned Mixed Housing Urban in the proposed Auckland combined plan, that has not been declared a special housing area under the Housing Accords and Special Housing Areas (Auckland) Order 2013.

Land identificationCT numberArea (ha)
Part Lot 4 DP 463057612353 (part)13.7109
Part Lot 2 DP 463057612352 (part)0.7646
Part Lot 21 DP 486479701757 (part)0.0160

Schedule 7 Kelmarna Avenue, Herne Bay special housing area

cl 4

Map of special housing area

Kelmarna Avenue, Herne Bay special housing area

Description of Kelmarna Avenue, Herne Bay special housing area

Land identificationCT numberArea (ha)
Lot 46 DP 7172NA35B/3980.2343

Schedule 8 Link Crescent, Stanmore Bay special housing area

cl 4

Map of special housing area

Link Crescent, Stanmore Bay special housing area

Description of Link Crescent, Stanmore Bay special housing area

Land identificationCT numberArea (ha)
Section 3 SO 4352116013162.0657

Schedule 9 Manurewa Cluster special housing area

cl 4

Map of special housing area

Manurewa Cluster special housing area

Description of Manurewa Cluster special housing area

Land identificationCT numberArea (ha)
Lot 45 DP 47219NA91D/1330.0683
Lot 44 DP 47219NA43A/11720.0683
Lot 43 DP 47219NA95C/5330.0683
Lot 407 DP 73315NA29B/9570.0607
Lot 408 DP 73315NA29B/9580.0607
Lot 285 DP 73316NA29B/9790.0604
Lot 286 DP 73316NA29B/9800.0605
Lot 260 DP 73317NA29B/9940.0624
Lot 259 DP 73317NA29B/9930.0623
Lot 258 DP 73317NA29B/9920.0622
Lot 333 DP 73315NA29B/9530.0710
Lot 404 DP 73315NA29B/9540.0627

Schedule 10 Moire Road, Massey special housing area

cl 4

Map of special housing area

Moire Road, Massey special housing area

Description of Moire Road, Massey special housing area

Land identificationCT numberArea (ha)
Section 1 SO 537007086892.1185
Section 3 SO 537007086894.8573
Pt Allotment 670 PSH of Waipareira7086890.5465
Allotment 671 PSH of Waipareira7086890.2132
Pt Lot 1 DP 530257086900.4022
Section 5 SO 537007086890.0159
Section 4 SO 537007086890.3068
Section 2 SO 537007086890.7435

Schedule 11 Ockleston Landing, Hobsonville special housing area

cl 4

Map of special housing area

Ockleston Landing, Hobsonville special housing area

Description of Ockleston Landing, Hobsonville special housing area

Land identificationCT numberArea (ha)
Section 1 SO 4454785814012.8058
Lot 11 DP 896785814010.3025
Section 5 SO 4454785814010.4996

Schedule 12 Onehunga Cluster special housing area

cl 4

Map of special housing area

Onehunga Cluster special housing area

Description of Onehunga Cluster special housing area

Land identificationCT numberArea (ha)
Lot 33 DP 37894NA88C/2810.0819
Lot 2 DP 196301NA124C/3730.0583
Lot 1 DP 196301NA124C/3720.0422
Lot 39 DP 48121NA88C/2900.0637
Lot 38 DP 48121NA88C/2890.0804
Lot 3 DP 38526NA15B/13480.0736
Lot 2 DP 60057NA15B/13470.0592

Schedule 13 Tamaki Regeneration Area (Panmure and Point England) special housing area

cl 4

Map of special housing area

Tamaki Regeneration Area (Panmure and Point England) special housing area

Description of Tamaki Regeneration Area (Panmure and Point England) special housing area

North section

All of the land in the Tamaki area that falls within the following boundaries:

(a)

a western boundary marked by Pilkington Road; and

(b)

a northern boundary marked by Point England Road, Elstree Avenue, the northern boundary of Lot 1 DP 40140, the western and southern boundaries of Lot 1 DP 39317, the northern and eastern boundaries of Lot 11 DP 43733, and the southern side of Point England Road to the eastern boundary point of Lot 211 DP 18727; and

(c)

an eastern boundary marked by the eastern boundary of all lots zoned Mixed Housing Suburban in the proposed Auckland combined plan from Point England Road to the south-eastern boundary point of Lot 363 DP 19406, the southern boundary of Lot 363 DP 19406, and the western boundary of Riverside Avenue to Tangaroa Street; and

(d)

a southern boundary marked by the northern boundary of Boundary Reserve, comprising Part Lot 36 DP 44905 and Lot 529 DP 44905.

South section

All of the land in the Tamaki area that falls within the following boundaries:

(a)

a western boundary marked by Pilkington Road; and

(b)

a northern boundary marked by Stewart Avenue, Tripoli Road, and Alamein Road; and

(c)

an eastern boundary marked by Dunkirk Road; and

(d)

a southern boundary marked by Kings Road, the eastern boundary of Lot 4 DP 20103, a line from the north-eastern boundary point of Lot 4 DP 20103 to the western boundary point of Lot 2 DP 190715, the eastern and northern boundaries of Lot 188 DP 39427, the eastern boundary of Lot 189 DP 39427, Caen Road, Tripoli Road, Te Koa Road, the southern boundary of Lot 30 DP 52637, and the eastern and northern boundaries of Lot 454 DP 42010.

Schedule 14 Zion Road, Birkenhead special housing area

cl 4

Map of special housing area

Zion Road, Birkenhead special housing area

Description of Zion Road, Birkenhead special housing area

Land identificationCT numberArea (ha)
Lot 3 DP 22111NA499/880.0948
Lot 4 DP 22111NA491/400.0940

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 14 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: 18 February 2016.

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