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

2016/142

Coat of Arms of New Zealand

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

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 20th day of June 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 (Queenstown—New June 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
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—

(i)

in Arrowtown Retirement Village special housing area (see Schedule 1) is 3 storeys:

(ii)

in Arthurs Point special housing area (see Schedule 2) is 3 storeys:

(iii)

in Business Mixed Use Zone (Gorge Road) special housing area (see Schedule 3) is 6 storeys (as provided for in section 14(1)(b)(i) of the Act):

(iv)

in Shotover Country special housing area (see Schedule 4) is 2 storeys:

(b)

the maximum calculated height that buildings must not exceed—

(i)

in Arrowtown Retirement Village special housing area (see Schedule 1) is 11 metres:

(ii)

in Arthurs Point special housing area (see Schedule 2) is 27 metres (as provided in section 14(1)(b)(ii) of the Act):

(iii)

in Business Mixed Use Zone (Gorge Road) special housing area (see Schedule 3) is 20 metres:

(iv)

in Shotover Country special housing area (see Schedule 4) is 8 metres:

(c)

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

(i)

3 in Business Mixed Use Zone (Gorge Road) special housing area (see Schedule 3):

(ii)

4 in each other special housing area:

(d)

the percentage of dwellings that must be affordable dwellings for qualifying developments, in Business Mixed Use Zone (Gorge Road) special housing area (see Schedule 3) only, is 30%.

(2)

For the purpose of subclause (1)(d),—

(a)

a dwelling is an affordable dwelling if it is—

(i)

a studio dwelling; or

(ii)

a 1-bedroom dwelling; or

(iii)

a 2-bedroom dwelling; and

(b)

if the calculation of the percentage of dwellings results in a fractional dwelling of one-half or more, that dwelling is counted as 1 dwelling, and any lesser fraction may be disregarded.

Schedule 1 Arrowtown Retirement Village special housing area

cl 4

Map of special housing area

Arrowtown Retirement Village special housing area

Description of Arrowtown Retirement Village special housing area

Part of Lot 5 DP 26714 being 12.12 hectares (more or less) bounded by the lines described below, commencing at the north-easternmost corner of Lot 5 DP 26714 (the point of commencement), then—

(a)

following the McDonnell Road boundary on a bearing of 155°54′10″ for a distance of 502.57 metres; then

(b)

following the McDonnell Road boundary on a bearing of 127°01′ for a distance of 100.00 metres; then

(c)

following the Lot 5 boundary on a bearing of 217°01′ for a distance of 18.00 metres; then

(d)

following the Lot 5 boundary on a bearing of 298°34′25″ for a distance of 456.75 metres; then

(e)

on a bearing of 330°47′ for a distance of 198.68 metres; then

(f)

on a bearing of 308°51′30″ for a distance of 64.00 metres; then

(g)

on a bearing of 322°21′40″ for a distance of 123.36 metres; then

(h)

following the Lot 5 boundary on a bearing of 89°24′10″ for a distance of 349.10 metres to the point of commencement.

Schedule 2 Arthurs Point special housing area

cl 4

Map of special housing area

Arthurs Point special housing area

Description of Arthurs Point special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 12913OT8C/1564.1759

Schedule 3 Business Mixed Use Zone (Gorge Road) special housing area

cl 4

Map of special housing area

Business Mixed Use Zone (Gorge Road) special housing area

Description of Business Mixed Use Zone (Gorge Road) special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 19259OT10C/8590.0746
Lot 2 DP 19259OT10C/8600.0525
Lot 3 DP 19259OT10C/8610.0524
Lot 4 DP 19259OT10C/8620.0503
Lot 5 DP 19259OT10C/8630.0562
Lot 6 DP 19259OT10C/8640.0547
Lot 7 DP 19259OT10C/8650.0629
Lot 8 DP 19259OT10C/8660.0765
Lot 9 DP 19259OT10C/8670.0725
Lot 2 DP 23596OT15D/2340.0814
Lot 4 and Lot 5 DP 72371175870.1819
Lot 12 DP 7727OT3A/2360.0898
Lot 13 DP 7727OTB1/11780.1014
Lot 3 DP 7237OT3A/4100.0804
Lot 1 DP 20808OT12C/10690.2073
Lot 6 DP 11827 and Section 1 SO Plan 4336505831940.1333
Lot 1 and Lot 2 DP 219265636000.0841
Lot 1 DP 24000OT16A/5490.0232
Lot 2 DP 24000OT16A/5500.0286
Lot 3 DP 24000OT16A/5510.0399
Lot 1 DP 11827OT3C/9200.1171
Lot 2 DP 11827OT7A/3980.1070
Lot 3 DP 11827OT7A/3990.0994
Lot 1 DP 11297OT5B/14260.1963
Lot 2 DP 11297OT5B/14270.3038
Lot 3 and Lot 4 DP 11297OT10B/10570.2018
Lot 5 DP 11297OT2D/5440.0804
Lot 6 DP 11297OT15C/11920.3617
Lot 7 DP 11297OT15C/11930.1502
Lot 8 DP 11297OT2D/5470.1404
Lot 1 DP 10731OT1D/8880.9515
Lot 2 DP 10731OT15B/3110.1012
Lot 3 DP 10731OT1C/8470.1012
Lot 3 DP 20808 and Section 1 SO Plan 4641486495310.9536
Section 2 SO Plan 4641486541180.9672
Lot 1 DP 7753OT398/1580.0832
Lot 2 DP 7753OT376/710.0832
Lot 3 DP 7753OT379/310.0832
Lot 4 DP 7753OT365/2500.0814
Lot 6 DP 7753OT411/860.0832
Lot 7 DP 7753OT389/2330.0832
Lot 2 DP 23562OT15D/100.0405
Lot 2 DP 23516OT15B/8760.2142
Lots 13-17 DP 19259350928 and 3509290.3620
Units 1–54 AU1–36 DP 302209 on Lots 1–3 DP 1546230470 and 8641-86941.4038
Lot 1 DP 12317OT4D/2370.0372
Lot 2 DP 12317 and Lot 2 DP 121886817880.1207
PUA AUA1-AUA3 DP 23903 on Lot 1 DP 23562
PUB AUB1 and AUB2 DP 23903 on Lot 1 DP 23562
OT16A/213 and OT16A/215
OT16A/214 and OT16A/215
0.0409
Lot 47 DP 8591GN 3947983.7833

Schedule 4 Shotover Country special housing area

cl 4

Map of special housing area

Shotover Country special housing area

Description of Shotover Country special housing area

Area 1

Part of Lot 441 DP 491188 and Sec 4 SO 494244 limited to the land parcel bounded by lines described below, commencing at the southernmost corner of Lot 441 DP 491188, in a north-easterly direction along the south-eastern boundary of Lot 441 DP 491188 on a bearing of 38°24′30″ for a distance of 92.28 metres (the point of commencement), then commencing in a clockwise direction—

(a)

on a bearing of 316°36′ for a distance of 35.30 metres; then

(b)

on a bearing of 230°56′ for a distance of 42.80 metres; then

(c)

on a bearing of 313°13′ for a distance of 252.72 metres; then

(d)

on a bearing of 333°35′ for a distance of 138.90 metres; then

(e)

on a bearing of 85°42′ for a distance of 229.32 metres; then

(f)

on a bearing of 108°30′ for a distance of 17.83 metres; then

(g)

on a bearing of 193°10′ for a distance of 34.68 metres; then

(h)

on a bearing of 102°02′ for a distance of 31.87 metres; then

(i)

on a bearing of 134°04′ for a distance of 19.76 metres; then

(j)

on a bearing of 154°07′ for a distance of 28.54 metres; then

(k)

on a bearing of 145°25′ for a distance of 133.18 metres; then

(l)

on a bearing of 142°56′ for a distance of 123.72 metres; then

(m)

on a bearing of 225°06′ for a distance of 57.63 metres; then

(n)

on a bearing of 230°20′ for a distance of 13.22 metres; then

(o)

on a bearing of 240°49′ for a distance of 12.51 metres; then

(p)

on a bearing of 256°38′ for a distance of 9.26 metres; then

(q)

on a bearing of 267°47′ for a distance of 10.76 metres; then

(r)

on a bearing of 277°58′ for a distance of 10.19 metres; then

(s)

on a bearing of 287°50′ for a distance of 14.93 metres; then

(t)

on a bearing of 302°04′ for a distance of 16.39 metres; then

(u)

on a bearing of 316°36′ for a distance of 32.53 metres to the point of commencement.

Area 2

Part of Lot 441 DP 491188 and Sec 4 SO 494244 limited to the land parcel bounded by lines described below, commencing at the southernmost corner of Lot 801 DP 491188 (the point of commencement), then in clockwise direction—

(1)

in a north-easterly direction along the south-eastern boundary of Lot 801 DP 491188 on a bearing of 58°09′ for a distance of 10.21 metres; then

(2)

on a bearing of 90°39′ for a distance of 15.68 metres; then

(3)

on a bearing of 104°10′ for a distance of 8.44 metres; then

(4)

on a bearing of 123°53′ for a distance of 29.24 metres; then

(5)

on a bearing of 142°05′ for a distance of 41.66 metres; then

(6)

on a bearing of 134°52′ for a distance of 88.01 metres; then

(7)

on a bearing of 129°56′ for a distance of 73.61 metres; then

(8)

on a bearing of 123°34′ for a distance of 26.71 metres; then

(9)

on a bearing of 123°44′ for a distance of 68.51 metres; then

(10)

on a bearing of 135°29′ for a distance of 29.44 metres; then

(11)

on a bearing of 143°20′ for a distance of 31.09 metres; then

(12)

on a bearing of 149°43′ for a distance of 23.73 metres; then

(13)

on a bearing of 160°06′ for a distance of 13.67 metres; then

(14)

on a bearing of 165°36′ for a distance of 16.42 metres; then

(15)

on a bearing of 256°40′ for a distance of 40.91 metres; then

(16)

on a bearing of 343°21′ for a distance of 26.64 metres; then

(17)

on a bearing of 321°17′ for a distance of 66.05 metres; then

(18)

on a bearing of 300°02′ for a distance of 66.41 metres; then

(19)

on a bearing of 307°02′ for a distance of 16.02 metres; then

(20)

on a bearing of 218°17′ for a distance of 22.93 metres; then

(21)

on a bearing of 250°55′ for a distance of 32.95 metres; then

(22)

on a bearing of 231°25′ for a distance of 21.46 metres; then

(23)

on a bearing of 266°11′ for a distance of 6.86 metres; then

(24)

on a bearing of 316°20′ for a distance of 18.65 metres; then

(25)

on a bearing of 323°57′ for a distance of 24.92 metres; then

(26)

on a bearing of 324°02′ for a distance of 110.74 metres; then

(27)

on a bearing of 320°47′ for a distance of 25.02 metres; then

(28)

on a bearing of 322°59′ for a distance of 41.97 metres; then

(29)

on a bearing of 339°42′ for a distance of 8.90 metres; then

(30)

on a bearing of 352°34′ for a distance of 13.39 metres; then

(31)

on a bearing of 12°59′ for a distance of 11.24 metres; then

(32)

on a bearing of 27°45′ for a distance of 10.59 metres; then

(33)

on a bearing of 40°00′ for a distance of 12.76 metres; then

(34)

on a bearing of 54°28′ for a distance of 12.60 metres; then to the point of commencement.

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 4 areas in Queenstown 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 a 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:

  • what percentage of dwellings, if any, must be affordable dwellings (for Business Mixed Use Zone (Gorge Road) special housing area only).

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 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 third to create special housing areas in Queenstown. The previous orders are—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 June 2016.

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