Housing Accords and Special Housing Areas Act 2013

Reprint as at 7 August 2020

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas Act 2013

Public Act
 
2013 No 72
Date of assent
 
13 September 2013
Commencement
 
see section 2
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 Act is administered by the Ministry of Housing and Urban Development.

Contents

1Title
2Commencement
Part 1
Preliminary provisions, housing accords, and special housing areas
Subpart 1—Preliminary provisions
3Repeal
4Purpose
5Outline
6Interpretation
7Act binds the Crown
8Application of provisions of Act
9Power to amend Schedule 1
Subpart 2—Provisions relating to housing accords, qualifying developments, and special housing areas
Housing accords
10Minister and territorial authority may enter housing accord
11Form and content of housing accord
12Housing accord to be published
13Intention to terminate housing accord to be publicly notified
Qualifying developments
14Meaning of qualifying development
15Criteria may be prescribed for qualifying developments
Special housing areas
16Process for establishing special housing areas [Repealed]
17Establishing special housing areas in district covered by housing accord [Repealed]
18Disestablishing special housing areas
18AAmending special housing areas to excise land if no development progress
Part 2
Resource consents, plan changes, and variations to proposed plans relating to qualifying developments in special housing areas
Subpart 1—Preliminary provisions
19Application of Part
20Person may elect to proceed under this Part or Resource Management Act 1991
21Outline of this Part
22Application of Resource Management Act 1991 and regulations made under that Act to applications, requests, decisions, etc, under this Part
23Functions and powers in this Part to be performed or exercised by authorised agency
24Periods excluded from certain time limits specified in this Part
Subpart 2—Resource consents
Applications for resource consents
25Applications for resource consents may be made to authorised agency
26Accord territorial authority may require applications to be made in conjunction with requests for plan changes or variations to proposed plans
27Making applications
28Further information
29Authorised agency may notify application to certain persons only
30Hearing date and notice
31Time limit for completing hearing
32Deferral pending application for additional consents
33Joint hearings by 2 or more authorised agencies
Decisions on applications and commencement of resource consents
34Consideration of applications
35Determination of applications for certain activities
36Decision on application
37Conditions of resource consents
38Conditions of subdivision consents
39Decisions on applications to be in writing and include reasons
40Notification of decision
41Time limit for notifying decision
42When resource consent commences
Subdivisions
43Application of Part 10 of Resource Management Act 1991
44Consent notices and completion certificates
45Approval of survey plans by authorised agency
46Restrictions on deposit of survey plan
47Subdivision by the Crown
48Other provisions relating to survey plans
Additional provisions relating to resource consents
49Effect of grant of resource consent under this Act
50Nature and duration of resource consent
51Lapsing of resource consent
52Change, cancellation, or review of consent condition on application by consent holder
53No public notification, submissions, or hearings on review
54Matters to be considered in review
55Decision on review of consent conditions
56Minor corrections of resource consents
57Surrender of consent
58Certificates of compliance
Subpart 3—Requests for plan changes and variations to proposed plans
59Application of subpart
60Subpart overrides restriction on amendments or variations to proposed Auckland combined plan
61Requests for changes to plan or variation to proposed plan
Process for request for plan change or variation to proposed plan where adjacent owners give prior approval
62Process for requests where adjacent owners give prior approval
Process for request for plan change or variation to proposed plan where adjacent owners do not give prior approval
63Application of sections 64 to 74
64Further information may be required and request may be modified
65Authorised agency to consider request
66Effect of decision on concurrent application
67Preparation of plan change or variation, notification, and submissions
68Submission to expand land covered by request must be notified
69Hearings
70Decision on request
71Consideration of plan change request and concurrent application
Time limit for decision, requirement for public notification, and effect of decision
72Decision to be given and notified within 130 working days after making of request
73Effect of notifying decision to approve plan change or variation
Adoption of request for plan change or variation to proposed plan by authorised agency
74Authorised agency may adopt request for plan change or variation to proposed plan
Concurrent plan change or variation processes
75Interface between concurrent plan change or variation processes under this Act and Resource Management Act 1991
Subpart 3A—Applications and requests made during development of new plan
75AInterpretation
75BRequests for plan changes and variation of proposed plan and concurrent applications
75CApplications for resource consents (other than concurrent applications)
Subpart 4—Other provisions of Resource Management Act 1991 that apply in relation to applications, etc, under subparts 2 and 3
76Other provisions of Resource Management Act 1991 applying
77Administrative charges
Subpart 5—Provisions relating to rights of appeal and objection
78Limited right of appeal and objection
79Right of appeal against resource consent decisions relating to qualifying developments of 4 or more storeys
80No review of decisions unless right of appeal exercised
81Rights of objection
82Procedure for making and hearing objections
83Decisions on objections
84No right to appeal against decisions on objections
Subpart 6—Miscellaneous
Functions and powers of chief executive
85Chief executive has powers of consent authority
86Delegation of functions and powers of chief executive
87Transfer of functions and powers of chief executive
88Effect of performance and exercise of functions and powers by chief executive
ATA panel
89Accord territorial authority may appoint panel
90Delegation of functions and powers to ATA panel
Regulations
91Regulations
Transitional provisions
92Transitional provisions
Schedule 1
Regions and districts that have significant housing supply and affordability issues for purposes of Act
Schedule 2
Periods excluded from time limits specified in Part 2
Schedule 3
Transitional provisions
Reprint notes

The Parliament of New Zealand enacts as follows: