Housing Accords and Special Housing Areas (Tauranga) Order 2017

2017/235

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Tauranga) Order 2017

Patsy Reddy, Governor-General

Order in Council

At Wellington this 14th day of August 2017

Present:
Her 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 Construction 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) Order 2017.

2 Commencement

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

3 Revocation of this order

This order is revoked on 16 September 2019.

4 Interpretation

In this order, unless the context otherwise requires,—

nett developable area has the meaning given in Chapter 3 of the operative Tauranga City Plan

operative Tauranga City Plan

(a)

means the Tauranga City Plan made operative on 5 July 2014; and

(b)

includes all amendments to that plan notified before the commencement of this order.

5 Outline

(1)

This order—

(a)

declares 2 areas in the district of Tauranga City Council to be special housing areas for the purposes of the Act; and

(b)

sets out criteria that apply for qualifying developments in those special housing areas or parts of those special housing areas.

(2)

This clause is only a guide to the general scheme and effect of this order.

6 Declaration of special housing areas

The area comprising all the land identified in Part 1 of each schedule of this order is severally declared to be a special housing area for the purposes of the Act.

7 Criteria for qualifying developments in special housing areas and parts of special housing areas

(1)

The criteria set out in Part 2 of each schedule of this order—

(a)

are criteria that apply for qualifying developments in the special housing area to which the schedule relates; but

(b)

if set out beneath an identified part of the special housing area (for example, Area 1), are criteria that apply for a qualifying development to the extent the qualifying development is in that part.

(2)

Subclause (3) applies if the minimum number of dwellings to be built is calculated by reference to the nett developable area.

(3)

If the calculation of the number 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 Greerton (Chadwick Road) special housing area

cls 6, 7

Part 1 Description of area

Area 1

Part of Part Allotment 139 Suburbs of Greerton (part computer register SA45B/383) bounded by the lines described in the paragraphs below, commencing at the northernmost corner of that Part Allotment (the commencement point), then—

(a)

on a bearing of 208°01′20″ for a distance of 124.46 metres; then

(b)

on a bearing of 124°12′00″ for a distance of 61.63 metres; then

(c)

on a bearing of 27°25′00″ for a distance of 66.73 metres; then

(d)

on a bearing of 117°25′00″ for a distance of 34.02 metres; then

(e)

on a bearing of 27°19′00″ for a distance of 59.95 metres; then

(f)

on a bearing of 300°30′40″ for a distance of 94.00 metres to the commencement point.

Area 2

Part of Part Allotment 139 Suburbs of Greerton (part computer register SA45B/383) bounded by the lines described in the paragraphs below, commencing at the southernmost corner of Area 1 (the commencement point), then—

(a)

on a bearing of 124°12′00″ for a distance of 34.40 metres; then

(b)

on a bearing of 27°19′00″ for a distance of 70.81 metres; then

(c)

on a bearing of 297°25′00″ for a distance of 34.02 metres; then

(d)

on a bearing of 207°25′00″ for a distance of 66.73 metres to the commencement point.

Part 2 Criteria for qualifying developments

Criteria for qualifying developments in parts of Greerton (Chadwick Road) special housing area
Area 1Area 2
Maximum number of storeys that buildings may have:34
Maximum calculated height that buildings must not exceed:12.5 metres14 metres
Criteria for qualifying developments in Greerton (Chadwick Road) special housing area
Minimum number of dwellings to be built:100

Schedule 2 Papamoa East (Golden Sands–Area 6) special housing area

cls 6, 7

Part 1 Description of area

Land identificationComputer registerArea (ha)
Sections 22, 24, and 25 SO 481628, and Section 27 SO 42756273080616.6430

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:3
Maximum calculated height that buildings must not exceed:9.5 metres
Minimum number of dwellings to be built:the product of 15 and the number of hectares of nett developable area (see also clause 7(3))

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 2 areas in the district of Tauranga City Council 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 severally described in Part 1 of each schedule of the order. See also the Ministry of Business, Innovation, and Employment’s website for maps of the special housing areas (see clause 5(3)).

This order also specifies, for each special housing area, 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 maximum number of storeys that buildings in the development may have and the maximum height that they may be:

  • the minimum number of dwellings to be built.

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

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 in that special housing area, applications for resource consents relating to the development can (but do not have to) be made under the Act instead of 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 change to or variation of the relevant plan or proposed plan in certain circumstances where that is associated with the resource consent application.

Six earlier orders created special housing areas in the district of Tauranga City Council, all of which are now disestablished. The special housing areas created under this order are new special housing areas; they do not include any land previously included in the special housing areas.

See also the Tauranga City Council’s website for more information about special housing areas in the district.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 17 August 2017.

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