Housing Accords and Special Housing Areas (Tauranga) Order 2017

  • revoked
  • Housing Accords and Special Housing Areas (Tauranga) Order 2017: revoked, on 16 September 2019, by clause 3.

Reprint as at 16 September 2019

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Tauranga) Order 2017

(LI 2017/235)

Housing Accords and Special Housing Areas (Tauranga) Order 2017: revoked, on 16 September 2019, by clause 3.

Patsy Reddy, Governor-General

Order in Council

At Wellington this 14th day of August 2017

Present:
Her Excellency the Governor-General 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 Housing and Urban Development.

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 3 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.

Clause 5(1)(a): amended, on 30 August 2019, by clause 4 of the Housing Accords and Special Housing Areas (Tauranga) Amendment Order 2019 (LI 2019/201).

Clause 5(3): amended, on 30 August 2019, by clause 6 of the Housing Accords and Special Housing Areas (Nelson and Other Areas) Amendment Order 2019 (LI 2019/202).

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))

Schedule 3 Papamoa East (Emerald Shores Drive) special housing area

cls 6, 7

Schedule 3: inserted, on 30 August 2019, by clause 5 of the Housing Accords and Special Housing Areas (Tauranga) Amendment Order 2019 (LI 2019/201).

Part 1 Description of area

Schedule 3 Part 1: inserted, on 30 August 2019, by clause 5 of the Housing Accords and Special Housing Areas (Tauranga) Amendment Order 2019 (LI 2019/201).

Land identificationRecord of title Area (ha)
Lot 2 DP 4886877014752.4282

Part 2 Criteria for qualifying developments

Schedule 3 Part 2: inserted, on 30 August 2019, by clause 5 of the Housing Accords and Special Housing Areas (Tauranga) Amendment Order 2019 (LI 2019/201).

Maximum calculated height that buildings must not exceed:9 metres
Minimum number of dwellings to be built:30

Michael Webster,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 17 August 2017.

Reprints notes
1 General

This is a reprint of the Housing Accords and Special Housing Areas (Tauranga) Order 2017 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 (Nelson and other Areas) Amendment Order 2019 (LI 2019/202): clause 6

Housing Accords and Special Housing Areas (Tauranga) Amendment Order 2019 (LI 2019/201)

Housing Accords and Special Housing Areas (Tauranga) Order 2017 (LI 2017/235): clause 3