Housing Accords and Special Housing Areas (Nelson—New May 2016 Area) Order 2016

  • revoked
  • Housing Accords and Special Housing Areas (Nelson—New May 2016 Area) Order 2016: revoked, on 1 October 2017, by clause 4 of the Housing Accords and Special Housing Areas Orders Revocation Order 2017 (LI 2017/240).

Reprint as at 1 October 2017

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Nelson—New May 2016 Area) Order 2016

(LI 2016/95)

Housing Accords and Special Housing Areas (Nelson—New May 2016 Area) Order 2016: revoked, on 1 October 2017, by clause 4 of the Housing Accords and Special Housing Areas Orders Revocation Order 2017 (LI 2017/240).

Rt Hon Dame Sian Elias, Administrator of the Government

Order in Council

At Wellington this 16th day of May 2016

Present:
Her Excellency the Administrator of the Government in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

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

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 (Nelson—New May 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 3:

(b)

the maximum calculated height that buildings must not exceed is 15 metres:

(c)

the minimum number of dwellings to be built in each qualifying development is 4.

Schedule Beach Road special housing area

cl 4

Map of special housing area

Beach Road special housing area

Description of Beach Road special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 530
Lot 2 DP 530
NL39/48
NL39/49
0.0688

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 Nelson 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 Nelson City Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the Nelson Resource Management Plan in certain circumstances where that is associated with the resource consent application.

This order is the second to create special housing areas in Nelson. The first order to do so was the Housing Accords and Special Housing Areas (Nelson) Order 2016.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 May 2016.

Reprints notes
1 General

This is a reprint of the Housing Accords and Special Housing Areas (Nelson—New May 2016 Area) Order 2016 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Housing Accords and Special Housing Areas Orders Revocation Order 2017 (LI 2017/240): clause 4