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

2016/96

Coat of Arms of New Zealand

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

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

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 (Queenstown—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 of this order 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 2:

(b)

the maximum calculated height that buildings must not exceed is 8 metres:

(c)

the minimum number of dwellings that must be built is 4.

Schedule Onslow Road special housing area

cl 4

Map of special housing area

Onslow Road special housing area

Description of Onslow Road special housing area

Land identificationCT numberArea (ha)
Lot 403 DP 3794033186051.1689

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 Queenstown 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, relate to—

  • 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 relating to the development can (but do not have to) be made under the Act instead of under the Resource Management Act 1991. Also, because Queenstown-Lakes District Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the Queenstown-Lakes District Plan in certain circumstances where that is associated with the resource consent application.

This order is the second to create a special housing area in Queenstown. The first order to do so was the Housing Accords and Special Housing Areas (Queenstown) Order 2015.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 May 2016.

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