Housing Accords and Special Housing Areas (Tasman) Order 2017

2017/238

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Tasman) 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 (Tasman) 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, Act means the Housing Accords and Special Housing Areas Act 2013.

5 Outline

(1)

This order—

(a)

declares 8 areas in the district of Tasman District 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.

(2)

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

(3)

6 Declaration of special housing areas

(1)

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.

(2)

If, in Part 1 of a schedule of this order, the land comprised in a special housing area is defined by reference to a named and dated drawing, subclause (3) applies.

(3)

If there is any inconsistency between the land as defined by the drawing and the more general description of the land in Part 1 of the schedule, the drawing prevails.

7 Criteria for qualifying developments in special housing areas

The criteria set out in Part 2 of each schedule of this order are criteria that apply for qualifying developments in the special housing area to which the schedule relates.

Schedule 1 Marahau (Sandy Bay-Marahau Road) special housing area

cls 6, 7

Part 1 Description of area

Land identificationComputer registerArea (ha)
Lot 1 DP 13449 and Part Lot 1 DP 12789NL10C/6766.9914

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:2
Maximum calculated height that buildings must not exceed:7.5 metres
Minimum number of dwellings to be built:45

Schedule 2 Pohara (Richmond Road) special housing area

cls 6, 7

Part 1 Description of area

All the land shown shaded on the drawing named Pohara SHA and dated 29 June 2017 (as available on https://www.mbie.govt.nz/info-services/housing-property/housing-affordability/tasman-housing-accord on the date of commencement of this order) (more generally being an area of approximately 14.7 hectares comprising part of Lot 1 DP 494605 (part computer register 724177) together with a portion of Richmond Road to its centreline).

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:2
Maximum calculated height that buildings must not exceed:7.5 metres
Minimum number of dwellings to be built:70

Schedule 3 Richmond (Angelus Avenue) special housing area

cls 6, 7

Part 1 Description of area

Land identificationComputer registerArea (ha)
Lot 1 DP 4673496257167.2631

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:2
Maximum calculated height that buildings must not exceed:7.5 metres
Minimum number of dwellings to be built:30

Schedule 4 Richmond (Highland Drive) special housing area

cls 6, 7

Part 1 Description of area

Land identificationComputer registerArea (ha)
Lot 6 DP 46556262040111.5578

Together with all the land shown shaded on the drawing named SHA–Dimensioned boundaries Part Section 93 Waimea East District and dated June 2017 (as available on https://www.mbie.govt.nz/info-services/housing-property/housing-affordability/tasman-housing-accord on the date of commencement of this order) (more generally being an area of approximately 0.59 hectares of Part Section 93 Waimea East District (part computer register NL124/54)).

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:2
Maximum calculated height that buildings must not exceed:7.5 metres
Minimum number of dwellings to be built:32

Schedule 5 Richmond (Hill Street) special housing area

cls 6, 7

Part 1 Description of area

Land identificationComputer registerArea (ha)
Part Lot 1 DP 19245NL12A/114910.3187

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:2
Maximum calculated height that buildings must not exceed:7.5 metres
Minimum number of dwellings to be built:14

Schedule 6 Richmond West (ApplebyField) special housing area

cls 6, 7

Part 1 Description of area

All the land shown shaded on the drawing named SHA–Richmond West-Appleby Field dimensioned boundaries and dated 28 June 2017 (as available on https://www.mbie.govt.nz/info-services/housing-property/housing-affordability/tasman-housing-accord on the date of commencement of this order) (more generally being land situated between the Richmond Railway Reserve to the south-east and Borck Creek Reserve to the north-west comprising Part Lot 3 DP 15764 and part of Lot 1 DP 446230 (part computer register 561931), part of Lot 2 DP 446230 (part computer register 561932), Lot 3 DP 470387 and parts of Lot 2 DP 470387 (part computer register 786169), and Section 6 SO 455144 (computer register 627997)).

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:2
Maximum calculated height that buildings must not exceed:7.5 metres
Minimum number of dwellings to be built:250

Schedule 7 Richmond West (The Meadows) special housing area

cls 6, 7

Part 1 Description of area

Land identificationComputer registerArea (ha)
Lot 5 DP 470387 and Sections 8 and 9 SO 45514463607019.6826
Sections 12 and 13 SO 45514463606712.9747
Lot 2 DP 467493 and Section 16 SO 45514463606817.5415

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:4
Maximum calculated height that buildings must not exceed:12 metres
Minimum number of dwellings to be built:800

Schedule 8 Wakefield (Whitby Road) special housing area

cls 6, 7

Part 1 Description of area

Land identificationComputer registerArea (ha)
Part Section 81 District of Waimea SouthNL1D/107614.7123

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:2
Maximum calculated height that buildings must not exceed:7.5 metres
Minimum number of dwellings to be built:40

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 8 areas in the district of Tasman District 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.

Maps or drawings of special housing areas are available on the Ministry of Business, Innovation, and Employment’s website (see clause 5(3)). For some special housing areas, the land is defined by reference to a named and dated drawing. The Act requires the chief executive of the Ministry to make copies of incorporated material available, free of charge, on the Ministry’s website, unless doing so would infringe copyright, and to make incorporated material available for inspection during working hours, free of charge, at the Ministry’s head office (see section 52 of the Legislation Act 2012 as applied by section 16(4B) of the Housing Accords and Special Housing Areas Act 2013).

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 any of the special housing areas.

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 Tasman District 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.

This order is the first to create special housing areas in the district of Tasman District Council.

See also the Tasman District Council’s website for more information on 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.