Housing Accords and Special Housing Areas (Queenstown-Lakes) Order 2017

2017/239

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Queenstown-Lakes) 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 (Queenstown-Lakes) 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,—

affordable dwelling means—

(a)

a studio dwelling; or

(b)

a 1-bedroom dwelling; or

(c)

a 2-bedroom dwelling.

5 Outline

(1)

This order—

(a)

declares 1 area in the district of Queenstown-Lakes District Council to be a special housing area for the purposes of the Act; and

(b)

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

(2)

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

6 Declaration of special housing area

The area comprising all the land identified in Part 1 of the Schedule is declared to be a special housing area for the purposes of the Act.

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

(1)

The criteria set out in Part 2 of the Schedule—

(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 A), are criteria that apply for a qualifying development to the extent the qualifying development is in that part.

(2)

In calculating the percentage of dwellings that must be affordable dwellings, if the calculation 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 Queenstown (Gorge Road) special housing area

cls 6, 7

Part 1 Description of area

Area A, land identificationArea A, computer register/Gazette referenceArea A, area (ha)
Part Lot 48 DP 8591Balance Gazette notice 6027342.4725
Lot 1 DP 19293OT10C/1150.0370
Lot 2 DP 19293OT10C/1160.0150
Area B, land identificationArea B, computer register/Gazette referenceArea B, area (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
Lots 4 and 5 DP 72371175870.1819
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 4336505831940.1333
Lots 1 and 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
Lots 3 and 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 4641486495310.9536
Section 2 SO 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 to 17 DP 19259350928 and 3509290.3620
Units 1 to 54 AU1 to 36 DP 302209 on Lots 1 to 3 DP 1546234070 and 8641-86941.4038
Lot 1 DP 12317OT4D/2370.0372
Lot 2 DP 12317 and Lot 2 DP 121886817880.1207
Lot 3 DP 121886817870.0508
PUA AUA1 to 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 8591Gazette notice 3947983.7833

Part 2 Criteria for qualifying developments

Criteria for qualifying developments in parts of Queenstown (Gorge Road) special housing area
Area AArea B
Maximum number of storeys that buildings may have:46
Maximum calculated height that buildings must not exceed:15 metres20 metres
Criteria for qualifying developments in Queenstown (Gorge Road) special housing area
Minimum number of dwellings to be built:3
Percentage of dwellings that must be affordable dwellings:30% (and see clause 7(2))

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 1 area in Queenstown-Lakes District to be a special housing area for the purposes of the Housing Accords and Special Housing Areas Act 2013 (the Act).

The land comprising the special housing area is described in Part 1 of the Schedule. See also the Ministry of Business, Innovation, and Employment’s website for a map of the special housing area (see clause 5(3)).

This order also specifies 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:

  • the percentage of dwellings that must be affordable dwellings.

The overall effect of the order is that if a proposed development in the 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 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 change to or variation of the relevant plan or proposed plan in certain circumstances where that is associated with the resource consent application.

Four earlier orders created special housing areas in the district of Queenstown-Lakes District Council that are now disestablished. (See Schedule 3 of the Act for transitional provisions applying in respect of things done in relation to qualifying developments in those special housing areas before the relevant special housing area was disestablished.) The special housing area declared by this order comprises—

  • Area A, which is land not previously declared as a special housing area or part of a special housing area; and

  • Area B, comprising—

    • all of the land, other than Lot 12 DP 7727, that was previously declared the Business Mixed Use Zone (Gorge Road) special housing area in Schedule 3 of the Housing Accords and Special Housing Areas (Queenstown—New June 2016 Areas) Order 2016; and

    • Lot 3 DP 12188.

See also the Queenstown-Lakes District 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.