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

2016/66

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Tauranga—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 (Tauranga—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 and parts of 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,—

(i)

in Area 1, 11.5 metres:

(ii)

in Area 2, 9 metres:

(c)

the minimum number of dwellings that must be built is 60.

Schedule Girven Road, Mount Maunganui special housing area

cl 4

Map of special housing area

Map of special housing area

Description of Girven Road, Mt Maunganui special housing area

Land identificationCT numberArea (ha)
Part Lot 233 DP 356261041480.6942
Part Lot 227 DP 356261041480.0786
Lot 213 DP 35626SA1105/2000.0809
Lot 214 DP 356261041480.0809
Lot 215 DP 356261041480.0809
Area 1

Being a portion of Part Lot 233 DP 35626 limited to the land parcel bounded by lines described in the paragraphs below, commencing at the northernmost corner of Part Lot 233 DP 35626 then in a south-westerly direction, on a bearing of 209°26′30″ for 5.07 metres, then in a south-easterly direction on a bearing of 125°31′00″ for 2.87 metres (to the point of commencement), then commencing—

(a)

on a bearing of 125°31′00″ for a distance of 73.21 metres; then

(b)

on a bearing of 215°38′00″ for a distance of 52.26 metres; then

(c)

on a bearing of 305°27′30″ for a distance of 67.29 metres; then

(d)

on a bearing of 29°00′00″ for a distance of 52.47 metres to the point of commencement.

Area 2

Being that part of Girven Road, Mt Maunganui special housing area that is not within Area 1.

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 Tauranga 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 Tauranga City Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the Tauranga City 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.