Housing Accords and Special Housing Areas (Wellington—New March 2016 Area) Order 2016

2016/65

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Wellington—New March 2016 Area) Order 2016

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 21st day of March 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 (Wellington—New March 2016 Area) Order 2016.

2 Commencement

This order comes into force on the day after the date of its notification in the Gazette.

3 Interpretation
4 Declaration of special housing area

(1)

The area comprising all the land identified in the Schedule is 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 the special housing area and the map of that land, the description prevails.

5 Criteria for qualifying developments in special housing area

The following criteria apply for qualifying developments in the 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 that must be built is 2.

Schedule Surrey Street, Tawa special housing area

cl 4

Map of special housing area

Surrey Street, Tawa special housing area

Description of Surrey Street, Tawa special housing area

Land identificationCT numberArea (ha)
Proposed Lot 2 LT 491013, subdivision of Section 2 SO 4767046707570.3400

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 an area in Wellington to be a special housing area for the purposes of the Housing Accords and Special Housing Areas Act 2013 (the Act). The land comprising the special housing area is described and shown on a map in the Schedule.

The order also specifies the criteria that a development in the special housing area 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.

This order does not prescribe affordability criteria for the special housing area.

The overall effect of the order is that if a proposed development in the 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 Wellington City Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the Wellington City District 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: 24 March 2016.

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