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.