Housing Accords and Special Housing Areas (Hamilton) Order 2018

2018/52

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Hamilton) Order 2018

Rt Hon Dame Sian Elias, Her Excellency the Administrator of the Government

Order in Council

At Wellington this 3rd day of April 2018

Present:
The Right Hon Jacinda Ardern presiding 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 Associate Minister of Housing and Urban Development 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 (Hamilton) Order 2018.

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 1 area in the district of Hamilton City 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.

(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

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

Schedule Hamilton East (Jebson Place) special housing area

cls 6, 7

Part 1 Description of area

Land identificationComputer registerArea (ha)
Lot 1 DPS 6553SA9A/3880.1659
Lot 2 DPS 6553SA9A/3890.0958
Lot 8 DPS 6553SA9A/3900.0617
Lot 9 DPS 6553SA9A/3910.0665
Lot 10 DPS 6553SA9A/3920.0698
Lot 11 DPS 6553SA9A/3930.0895
Lot 12 DPS 6553SA9A/3940.0771
Lot 13 DPS 6553SA9A/3950.1295
Lot 14 DPS 6553SA9A/3960.1408
Lot 15 DPS 6553SA9A/3970.0850
Lot 16 DPS 6553SA9A/3980.0963
Lot 17 DPS 6553SA9A/3990.1558
Lot 18 DPS 6553SA9A/4000.1252
Lot 19 DPS 6553SA9A/4010.0938
Lot 20 DPS 6553SA9A/4020.1436
Lot 25 DPS 6553SA68C/6780.0708
Lot 26 DPS 6553SA68C/6790.0624
Lot 27 DPS 6553SA69A/9440.0114
Lot 3 DPS 6768SA9A/4070.1360
Lot 5 DPS 6768SA9A/4080.1363
Lot 6 DPS 6768SA9A/4090.1021
Lot 7 DPS 6768SA9A/4100.0667
Section 1 SO 5060818017770.0349
Section 2 SO 5060818017780.1887
Section 3 SO 5060818017790.0175

Part 2 Criteria for qualifying developments

Maximum number of storeys that buildings may have:2
Maximum calculated height that buildings must not exceed:10 metres
Minimum number of dwellings to be built:80

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 the district of Hamilton City Council 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 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 the special housing area.

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 Hamilton 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.

See also Hamilton 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: 4 April 2018.

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