Housing Accords and Special Housing Areas (Auckland—New September 2014 Areas) Order 2014

  • revoked
  • Housing Accords and Special Housing Areas (Auckland—New September 2014 Areas) Order 2014: revoked, on 1 October 2017, by clause 4 of the Housing Accords and Special Housing Areas Orders Revocation Order 2017 (LI 2017/240).

Reprint as at 1 October 2017

Coat of Arms of New Zealand

Housing Accords and Special Housing Areas (Auckland—New September 2014 Areas) Order 2014

(LI 2014/318)

Housing Accords and Special Housing Areas (Auckland—New September 2014 Areas) Order 2014: revoked, on 1 October 2017, by clause 4 of the Housing Accords and Special Housing Areas Orders Revocation Order 2017 (LI 2017/240).

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 13th day of October 2014

Present:
His Excellency the Governor-General in Council

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

Pursuant to sections 15 to 17 of the Housing Accords and Special Housing Areas Act 2013, His Excellency the Governor-General makes the following order, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Building and Housing made in accordance with sections 15(2) and (7) and 16(2), (3), and (4)(a) of that Act.

Order

1 Title

This order is the Housing Accords and Special Housing Areas (Auckland—New September 2014 Areas) Order 2014.

2 Commencement

This order comes into force on the 28th day after the date of its notification in the Gazette.

3 Interpretation

In this order,—

proposed Auckland combined plan, unless stated otherwise,—

(a)

means the proposed Auckland combined plan as at 30 September 2013; and

(b)

does not include an amendment or variation that, but for this provision, would be included under paragraph (b) of the definition of that term in section 6(1) of the Act

relevant date means the date that the relevant resource consent application or request to vary the proposed Auckland combined plan is made under the Act, whichever is the earliest.

4 Declaration of special housing areas

(1)

The area comprising all the land identified in each schedule of this order is severally declared to be a special housing area for the purposes of the Act.

(2)

If there is any inconsistency between the description of the land comprising a special housing area and the map of that land, the description prevails.

5 Criteria for qualifying developments in special housing areas

(1)

The following criteria apply for qualifying developments in each special housing area declared by clause 4:

(a)

the maximum number of storeys that buildings may have is 6:

(b)

the maximum calculated height that buildings must not exceed is 27 metres:

(c)

the minimum number of dwellings to be built—

(i)

in each special housing area (except the special housing areas identified in subparagraphs (ii) and (iii)) is 4:

(ii)

in Racecourse Parade, Avondale special housing area (see Schedule 12) is 15:

(iii)

in each of the following special housing areas is 50:

  • Bellfield Road, Papakura special housing area (see Schedule 3):

  • Harbourside Drive, Hingaia special housing area (see Schedule 9):

  • Redhills (Fred Taylor Drive)—Stage 1 special housing area (see Schedule 13):

  • West Hoe Heights, Orewa special housing area (see Schedule 17):

(d)

the percentage of dwellings that must be affordable dwellings, for qualifying developments relating to 15 or more dwellings only, is—

(i)

10%, according to criteria A; or

(ii)

5%, according to criteria B.

(2)

In subclause (1)(d)(i), a qualifying development relating to 15 or more dwellings meets criteria A for the percentage of dwellings that must be affordable dwellings if,—

(a)

in relation to 10% of the proposed dwellings, the price at which a dwelling may be sold does not exceed 75% of the Auckland region median house price for the most recent full month of September (in relation to the relevant date) published by the Real Estate Institute of New Zealand Incorporated; and

(b)

where the application is for a subdivision consent, the applicant—

(i)

identifies the lots of the subdivision allocated for the building of dwellings that meet the criterion in paragraph (a); and

(ii)

specifies the mechanism for ensuring that any building built on any of those lots is a dwelling that will meet that criterion or is a building associated with such a dwelling.

(3)

For the purposes of calculating whether a development meets the 10% threshold in subclause (2)(a),—

(a)

a proposed dwelling may be treated as if it were 2 dwellings that meet the requirements for criteria A if the price at which the dwelling may be sold would mean that the monthly mortgage payments for a household receiving the Auckland median household income (as published by Statistics New Zealand for the most recent June quarter before the relevant date) would not exceed 30% of the household’s gross monthly income, based on the assumptions set out in subclause (4)(a)(i) and (ii); and

(b)

if the calculation of the percentage of dwellings that must be affordable dwellings results in a fractional dwelling of one-half or more, that fraction is counted as 1 dwelling, and any lesser fraction may be disregarded.

(4)

In subclause (1)(d)(ii), a development relating to 15 or more dwellings meets criteria B for the percentage of dwellings that must be affordable dwellings if,—

(a)

in relation to 5% of the proposed dwellings, the price at which a dwelling may be sold would mean that the monthly mortgage payments for a household receiving the Auckland median household income (as published by Statistics New Zealand for the most recent June quarter before the relevant date) would not exceed 30% of the household’s gross monthly income, based on the assumptions that—

(i)

the dwelling is purchased with a 10% deposit; and

(ii)

the balance of the purchase price is financed by a 30-year reducing loan, secured by a single mortgage over the property, at a mortgage interest rate equal to the most recent average 2-year fixed rate (in relation to the relevant date) published by the Reserve Bank of New Zealand as part of the data for its key graph on mortgage rates offered to new customers for residential home loans; and

(b)

where the application is for a subdivision consent, the applicant—

(i)

identifies the lots of the subdivision allocated for the building of dwellings that meet the criterion in paragraph (a); and

(ii)

specifies the mechanism for ensuring that any building built on any of those lots is a dwelling that will meet that criterion or is a building associated with such a dwelling; and

(c)

if the calculation of the percentage of dwellings that must be affordable dwellings results in a fractional dwelling of one-half or more, that fraction is counted as 1 dwelling, and any lesser fraction may be disregarded.

Schedule 1 Akoranga Drive, Northcote special housing area

cl 4

Map of special housing area

Map of special housing area

Akoranga Drive, Northcote special housing area

Description of area declared to be Akoranga Drive, Northcote special housing area

Area (ha)
1.72 (more or less)
Land identification

All of the land that is zoned Special Purpose Retirement Village in the proposed Auckland combined plan commencing at the easternmost boundary point of Part Lot 1 DP 160350 that falls within the following boundaries:

(a)

eastern boundary marked by Akoranga Drive for a distance of 164 metres; and

(b)

northern boundary marked by Centre Way for a distance of 70 metres; and

(c)

western boundary marked by a line 70 metres from and parallel to Akoranga Drive; and

(d)

southern boundary marked by The Warehouse Way for a distance of 70 metres.

All of the land that is zoned Special Purpose Retirement Village in the proposed Auckland combined plan within Pt Lot 1 DP 160350 that falls within the following boundaries:

(a)

northern, western and southern boundaries marked by Crater Crescent and Bush Lane; and

(b)

an eastern boundary marked by View Road.

Schedule 2 Barrack Road, Mt Wellington special housing area

cl 4

Map of special housing area

Map of special housing area

Barrack Road, Mt Wellington special housing area

Description of area declared to be Barrack Road, Mt Wellington special housing area

Land identificationCT numberArea (ha)
Lot 12 DP 32230CFR NA832/2890.2031
Lot 13 DP 32230CFR NA840/1890.2023
Lot 17 DP 32230CFR NA2116/90.2071
Lot 19 DP 32230CFR NA4B/12570.1922
Pt Allotment 6, Section 1, Small Lots Near Village of PanmureCFR NA772/2860.0232
Pt Lot 7 DP 32230CCR NA131B/1210.2018
Pt Lot 7 DP 32230CCR NA121D/333
Pt Lot 7 DP 32230CCR NA133D/994
Pt Lot 7 DP 32230CCR NA138B/913
Pt Lot 7 DP 32230CCR NA127A/364
Pt Lot 6 DP 32230CFR NA964/2150.0797
Pt Lot 5 DP 32230CFR NA845/2750.0763
Pt Lot 4 DP 32230CFR NA840/1900.0763
Pt Lot 3 DP 32230CFR NA836/1860.0763
Pt Lot 2 DP 32230CFR NA836/1870.0782
Pt Lot 1 DP 32230CFR NA859/2790.0856
Lot 8 DP 32230CCR NA121D/833; CCR NA121D/8340.085
Lot 9 DP 32230CCR NA60C/9100.0822
Lot 9 DP 32230CCR NA82A/473
Lots 10 and 11 DP 32230CCR NA87D/6490.0822
Lots 10 and 11 DP 32230CCR NA93B/443
Lots 10 and 11 DP 32230CCR NA91A/6050.0822
Lots 10 and 11 DP 32230CCR NA92A/597
Lot 14 DP 32230CCR NA49B/11530.0911
Lot 14 DP 32230CCR NA49B/1154
Lot 14 DP 32230CCR NA49B/1152
Lot 15 DP 32230CFR NA50C/920.0911
Lot 2 DP 336425CFR 1493570.0471
Lot 1 DP 336425CFR 1493560.044
Lot 4 DP 315665CFRs 61504, 61505, 615060.0152
Lot 1 DP 315665CFR 615040.049
Lot 2 DP 315665CFR 615050.0327
Lot 3 DP 315665CFR 615060.0332

Schedule 3 Bellfield Road, Papakura special housing area

cl 4

Map of special housing area

Map of special housing area

Bellfield Road, Papakura special housing area

Description of area declared to be Bellfield Road, Papakura special housing area

Land identificationCT numberArea (ha)
Lot 16 DP 65956CFR NA24B/1543.2972
Pt Lot 23 DP 66983CFR NA52B/12695.4489
Lot 2 DP 98457CFR NA53C/10135.2030
Lot 49 DP 91417CFR NA93D/5631.2848
Pt Lot 66 DP 841090.2156
Lot 65 DP 84109CFR NA40B/9430.7056
Lot 2 DP 65192CFR NA31C/50810.6146
Part Allotment 52, Parish of OpahekeCT 521/2250.1053

Schedule 4 Bunnythorpe Road, Papakura special housing area

cl 4

Map of special housing area

Map of special housing area

Bunnythorpe Road, Papakura special housing area

Description of area declared to be Bunnythorpe Road, Papakura special housing area

Land identificationCT numberArea (ha)
Lot 2 DP 87340CFR NA45B/1130.3434
Lot 1 DP 87340CFR NA45B/1120.0698

Schedule 5 Corner Great North Road and Walsall Street, Avondale special housing area

cl 4

Map of special housing area

Map of special housing area

Corner Great North Road and Walsall Street, Avondale special housing area

Description of area declared to be Corner Great North Road and Walsall Street, Avondale special housing area

Land identificationCT numberArea (ha)
Lot 2 DP 157272CFR NA94C/410.1065
Part Allotment 63, Parish of Titirangi (Lot 6 Deeds Plan S96)CFR NA543/1040.0771

Schedule 6 Coates Avenue, Orakei special housing area

cl 4

Map of special housing area

Map of special housing area

Coates Avenue, Orakei special housing area

Description of area declared to be Coates Avenue, Orakei special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 28597CFR NA70A/4300.0316
Lot 2 DP 285970.0212
Lot 3 DP 285970.0220
Lot 4 DP 285970.0182
Lot 5 DP 285970.0197
Lot 6 DP 285970.0296

Schedule 7 East Coast Road, Pinehill special housing area

cl 4

Map of special housing area

Map of special housing area

East Coast Road, Pine Hill special housing area

Description of area declared to be East Coast Road, Pinehill special housing area

Land identificationCT numberArea (ha)
Lot 17 DP 39437CFR 5855820.1130
Lot 16 DP 39437CFR 5855810.1024

Schedule 8 Enfield Street, Mt Eden special housing area

cl 4

Map of special housing area

Map of special housing area

Enfield Street, Mt Eden special housing area

Description of area declared to be Enfield Street, Mt Eden special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 473067CFR 6463980.3751

Schedule 9 Harbourside Drive, Hingaia special housing area

cl 4

Map of special housing area

Map of special housing area

Harbourside Drive, Hingaia special housing area

Description of area declared to be Harbourside Drive, Hingaia special housing area

Land identificationCT numberArea (ha)
That part of Lot 1 DP 369556 that is zoned Mixed Use in the proposed Auckland combined plan and that falls within the area denoted E – Residential in the Concept Plan in Resource Consent R/LUC/2013/1440 granted on 14/06/13CFR 2823071.75 (more or less)

Schedule 10 Mokoia Road, Birkenhead special housing area

cl 4

Map of special housing area

Map of special housing area

Mokoia Road, Birkenhead special housing area

Description of area declared to be Mokoia Road, Birkenhead special housing area

Land identificationCT numberArea (ha)
Lot 2 DP 43141CFR NA71D/3390.1158
Lot 3 DP 43807CFR NA1327/100.0806

Schedule 11 Morrin Street, Ellerslie special housing area

cl 4

Map of special housing area

Map of special housing area

Morrin Street, Ellerslie special housing area

Description of area declared to be Morrin Street, Ellerslie special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 466956CFR 624548, CIR 6245516.0974

Schedule 12 Racecourse Parade, Avondale special housing area

cl 4

Map of special housing area

Map of special housing area

Racecourse Parade, Avondale special housing area

Description of area declared to be Racecourse Parade, Avondale special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 60896CFR NA16D/6830.1548
Pt Lot 7 DP 16112CFR NA2B/1540.1950

Schedule 13 Redhills (Fred Taylor Drive)—Stage 1 special housing area

cl 4

Map of special housing area

Map of special housing area

Redhills (Fred Taylor Drive)—Stage 1 special housing area

Description of area declared to be Redhills (Fred Taylor Drive)—Stage 1 special housing area

Land identificationCT numberArea (ha)
Lot 4 DP 6627CFR NA38A/123425.1866
Lot 1 DP 136111CFR NA80B/201.5968
Pt Lot 1 DP 45675CFR NA42B/3760.4266
Section 4 SO 443144CFR 60113615.9291
Lot 1 DP 51894CFR NA1D/7560.0809
Lot 5 DP 350811CFR 2080544.1179
Lot 4 DP 350811CFR 2080534.009
Lot 3 DP 350811CFR 2080524.2554
Lot 2 DP 350811CFR 2080514.1885
Lot 1 DP 350811CFR 2080504.0194
Lot 1 DP 60592CFR NA15C/6180.5671
Lot 1 DP 43108CFR NA2076/940.1017
Lot 2 DP 43108CFR NA19D/4460.1017
Lot 3 DP 43108CFR NA19D/4470.1017
Lot 4 DP 43108CFR NA13D/13530.1017
Lot 5 DP 43108CFR NA3B/2550.1017
Lot 6 DP 43108CFR NA2106/570.1052
Lot 2 DP 65352CFR NA35B/8014.2618
Lot 3 DP 65352CFR NA35B/8025.5998
Lot 7 DP 43108CFR NA1650/710.1022
Lot 8 DP 43108CFR NA2088/320.1017
Lot 9 DP 43108CFR NA1838/180.1017
Lot 10 DP 43108CFR NA21B/5980.1017
Lot 11 DP 43108CFR NA2088/330.1017
Section 28 SO 473252CFR 6612036.7549
Section 27 SO 473252CFR 6612058.1787
Lot 3 DP 51625CFR NA8A/6808.119
Pt Lot 2 DP 44747CFR NA2076/954.4463
Lot 1 DP 44747CFR NA93D/8643.6422
Lot 1 DP 1646410.0126
Lot 6 DP 52123CFR NA42A/6214.0469
Lot 4 DP 52123CFR NA22B/8734.0469
Lot 3 DP 52123CFR NA22B/8724.0469
Lot 1 DP 64737CFR NA51B/11744.1202
Lot 2 DP 64737CFR NA22B/8714.0469
Lot 1 DP 173727CFR NA105D/1116.0801
Pt Lot 33 DP 2088CFR NA606/25035.1659
Lot 34 DP 208828.935
Part Brighams Claim (DP 2088)CFR NA95/602.3600 (more or less)
Lot 5 DP 52123CFR NA31D/5544.0469
Pt Lot 11 DP 52123CFR NA31A/6893.9482
Lot 10 DP 52123CFR NA16D/12104.1177
Lot 9 DP 52123CFR NA16D/12094.0469
Lot 1 DP 206623CFR NA135A/2972.8308
Lot 1 DP 94840CFR NA51A/2680.9192
Part Brighams ClaimDeeds Index 7A.2991.5260 (more or less)

Schedule 14 St Lukes Road, Mt Albert special housing area

cl 4

Map of special housing area

Map of special housing area

St Lukes Road, Mt Albert special housing area

Description of area declared to be St Lukes Road, Mt Albert special housing area

Land identificationCT numberArea (ha)
Pt Lot 1 DP 20808CFR NA471/2780.0353
Pt Lot 3 DP 20808CFR NA471/2770.1580
Pt Lot 2 DP 20808CFR NA471/2790.0337
Pt Lot 4 DP 20808CFR NA471/2800.1352

Schedule 15 Takapuna Strategic Area special housing area

cl 4

Map of special housing area

Map of special housing area

Takapuna Strategic Area special housing area

Description of area declared to be Takapuna Strategic Area special housing area

Area (ha)
98.61 (more or less)
Land identification

All of the land in Takapuna that is zoned Terrace Housing and Apartment Buildings in the proposed Auckland combined plan and that falls within the following boundaries:

(a)

a northern boundary marked by Killarney Street; and

(b)

an eastern boundary marked by Hurstmere Road; and

(c)

a southern boundary marked by Anzac Street; and

(d)

a western boundary marked by The Terrace.

All of the land in Takapuna that is zoned Terrace Housing and Apartment Buildings, Mixed Housing Urban, Mixed Housing Suburban, Single House, Mixed Use, Special Purpose School, Public Open Space, and Coastal Transition in the proposed Auckland combined plan and that falls within the following boundaries:

(a)

a northern boundary marked by Killarney Street; and

(b)

an eastern boundary marked by The Terrace and Lake Road; and

(c)

a southern boundary marked by Napier Avenue; and

(d)

a western boundary marked by the coastline, Greydene Place, and Lake Pupuke Drive; and

(e)

excluding Pt Allotment 32, Section 1, Parish of Takapuna at 48 Esmonde Road.

All of the land in Takapuna that is, zoned Terrace Housing and Apartment Buildings, Mixed Housing Urban, Mixed Housing Suburban, Single House, Mixed Use, and Public Open Space in the proposed Auckland combined plan and that falls within the following boundaries:

(a)

a southern and western boundary marked by Anzac Street, Taharoto Road, Dominion Street, Puriri Street, Karaka Street, and Taharoto Road again; and

(b)

a northern and eastern boundary marked by Northcote Road, Lake Pupuke, the southern boundary of Pt Allotment 73, Parish of Takapuna, the eastern boundary of Lot 1 DP 461233 and Lot 2 DP 461233, Rangitira Avenue, and Lake Pupuke Drive;

but excluding—

(a)

Lake Pupuke Drive, Takapuna special housing area described in Schedule 7B of the Housing Accords and Special Housing Areas (Auckland) Order 2013 (SR 2013/446); and

(b)

Northcote Road, Takapuna special housing area described in Schedule 8AF of the Housing Accords and Special Housing Areas (Auckland) Order 2013 (SR 2013/446).

All of the land in Takapuna that is zoned Mixed Use, Mixed Housing Urban, Single House, Special Purpose School, and Public Open Space in the proposed Auckland combined plan and that falls within the following boundaries:

(a)

a northern boundary marked by Northcote Road, Taharoto Road, Karaka Street, Puriri Street, and Dominion Street; and

(b)

an eastern boundary marked by Taharoto Road; and

(c)

a southern boundary marked by the north-western boundaries of Pt Allotments 77 and SW77, Parish of Takapuna, but excluding Pt Lots 4, 5, and 6 DP 4553, Lots 3, 4, and 7 DP 20015, Pt Lot 2 DP 32746, and Lot 1 DP 156416; and

(d)

a western boundary marked by the Northern Motorway.

All of the land in Takapuna that is zoned Mixed Use in the proposed Auckland combined plan and that falls within the following boundaries:

(a)

a western boundary marked by Wairau Road; and

(b)

a northern boundary marked by Wairau Creek; and

(c)

an eastern boundary marked by Brook Street; and

(d)

a southern boundary marked by Shakespeare Road.

Schedule 16 Tamaki Regeneration Area special housing area

cl 4

Map of special housing area

Map of special housing area

Tamaki Regeneration Area special housing area

Description of area declared to be Tamaki Regeneration Area special housing area

Area (ha)
72.50 (more or less)
Land identification

All of the land in the Tamaki area that is zoned Mixed Housing Suburban, Single House, Special Purpose School, Neighbourhood Centre, and Public Open Space in the proposed Auckland combined plan and that falls within the following boundaries:

(a)

a western boundary marked by Pilkington Road; and

(b)

the northern boundary of Boundary Reserve comprising Pt Lot 36 DP 44905 and Lot 529 DP 44905; and

(c)

an eastern boundary marked by Riverside Avenue and Dunkirk Road; and

(d)

a southern boundary marked by Alamein Road, Tripoli Road, and Stewart Avenue.

All of the land in the Tamaki area that is zoned Mixed Housing Suburban in the proposed Auckland combined plan and that falls within the following boundaries:

(a)

a western boundary marked by Dunkirk Road; and

(b)

a northern boundary marked by the northern boundary of Pt Lot 286 DP 39428; and

(c)

an eastern boundary marked by the coastline; and

(d)

a southern boundary marked by Kings Road.

Schedule 17 West Hoe Heights, Orewa special housing area

cl 4

Map of special housing area

Map of special housing area

West Hoe Heights, Orewa special housing area

Description of area declared to be West Hoe Heights, Orewa special housing area

Land identificationCT numberArea (ha)
Lot 1 DP 204866CFR NA133C/66137.5878
Lot 2 DP 204866
Section 1 SO 69481
Section 2 SO 69481
Lot 1 DP 204868CFR NA133C/4140.0482

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 28th day after the date of its notification in the Gazette, declares 17 areas in Auckland to be special housing areas for the purposes of the Housing Accords and Special Housing Areas Act 2013 (the Act). These areas are additional to the 66 special housing areas previously declared by the Housing Accords and Special Housing Areas (Auckland) Order 2013.

The land comprising each special housing area is described and shown on a map in a schedule of the order.

The order also specifies the criteria that a development in any one of the special housing areas must meet in order to be a qualifying development for the purposes of the Act. These criteria, which are additional to the requirement under the Act that the development will be predominately residential, are—

  • the minimum number of dwellings to be built:

  • the maximum number of storeys that buildings in the development may have and the maximum height that they may be:

  • where the development relates to 15 or more dwellings, the percentage of dwellings that must be affordable dwellings:

  • the affordability criteria for those special housing areas in which a percentage of dwellings must be affordable.

The overall effect of the order is that if a proposed development in a special housing area will be predominately 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 Auckland Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the proposed Auckland combined plan in certain circumstances where this is associated with the resource consent application.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 16 October 2014.

Reprints notes
1 General

This is a reprint of the Housing Accords and Special Housing Areas (Auckland—New September 2014 Areas) Order 2014 that incorporates all the amendments to that order as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Housing Accords and Special Housing Areas Orders Revocation Order 2017 (LI 2017/240): clause 4