district plan has the meaning given in section 43AA of the Act and for the purposes of this order includes, as relevant, a proposed district plan (that is proposed within the meaning of section 43AAC of the Act)

severe weather event has the meaning given in section 4(1) of the Severe Weather Emergency Recovery Legislation Act 2023

temporary accommodation means accommodation that—

(a)

is provided for persons displaced from their normal place of residence because of—

(i)

damage to, or destruction of, land or structures caused directly or indirectly by a severe weather event:

(ii)

repair or reconstruction of structures in response to a severe weather event:

(iii)

land remediation works in response to a severe weather event:

(iv)

risk of damage to land or structures, or of injury to inhabitants or to passers-by, including risk arising because of the state of adjacent structures as a result of a severe weather event; and

(b)

is able to be removed or relocated at the expiry of this order.

(2)

A term used in this order that is defined in the Act, but not in this order, has the meaning given in the Act.

(3)

The modification of legislation by this order does not affect the text of the legislation, but requires it to be read as if amended in the manner indicated by this order.

5 Application

This order applies only to the districts or regions of the following local authorities:

(a)

Auckland Council:

(b)

Central Hawke’s Bay District Council:

(c)

Far North District Council:

(d)

Gisborne District Council:

(e)

Hastings District Council:

(f)

Hauraki District Council:

(g)

Hawke’s Bay Regional Council:

(h)

Kaipara District Council:

(i)

Napier City Council:

(j)

Northland Regional Council:

(k)

Tararua District Council:

(l)

Thames-Coromandel District Council:

(m)

Waikato District Council:

(n)

Wairoa District Council:

(o)

Whangarei District Council.

Modification of requirements relating to construction, installation, or use of temporary accommodation

6 Modification of requirements relating to construction, installation, or use of temporary accommodation

Permitted activity

(1)

The construction, installation, or use of temporary accommodation for a residential activity must be treated as a permitted activity for the purposes of the Act and any secondary legislation, plan, or rule made under the Act.

(2)

Subclause (1) applies only if the construction, installation, or use of the temporary accommodation complies with—

(a)

the requirements in the Schedule; and

(b)

all other rules except those described in clause 7(1)(a) to (d).

Territorial authority must publish information

(3)

The territorial authority for an affected location on which temporary accommodation is sited must publish on an Internet site to which the public has free access a notice that includes the following information:

(a)

the address of the land on which the temporary accommodation is sited:

(b)

the number of residential units that comprise the temporary accommodation.

(4)

A territorial authority must publish the information required under subclause (3) as soon as practicable after receiving notice of the temporary accommodation under clause 8 of the Schedule (but there is no requirement for public notice as that term is defined in section 2AB of the Act).

Consent must be applied for by specified date or temporary accommodation removed by specified date

(5)

The owner of land on which temporary accommodation is sited must either—

(a)

apply for a resource consent in respect of the temporary accommodation before the close of 9 February 2026; or

(b)

remove the temporary accommodation before the close of 9 August 2026.

Application

(6)

This clause applies to temporary accommodation—

(a)

already sited on an affected location when this order commences; or

(b)

sited on an affected location after this order commences.

7 Relationship with district plan rules

(1)

Subclause (2) applies if the construction, installation, or use of temporary accommodation does not comply with any of the following rules in a district plan:

(a)

a density standard (within the meaning of that term in clause 1(1) of Schedule 3A of the Act):

(b)

a restriction on the number of residential units on a site:

(c)

a requirement for permanently sealed roads and accessways:

(d)

a minimum floor level for residential units.

(2)

This order applies instead of the rule, and a resource consent is not required in respect of the non-compliance of the activity with the rule.

(3)

Temporary accommodation must comply with all other rules in any applicable district plan.

Other matters relating to temporary accommodation

8 Status of activities permitted by this order

(1)

The construction, installation, or use of temporary accommodation—

(a)

retains its status as a permitted activity for the duration of this order; and

(b)

is to be treated as if it were a permitted activity under the district plan that would, but for this order, apply to the temporary accommodation.

(2)

The construction, installation, or use of temporary accommodation does not—

(a)

give rise to, or create, any existing use right for the land or structures after the expiry of this order; or

(b)

qualify for—

(i)

a certificate of compliance under section 139 of the Act; or

(ii)

an existing use certificate under section 139A of the Act.

(3)

For the purposes of assessing any resource consent application or plan change permitting activities other than construction, installation, or use of the temporary accommodation, the environment in respect of which the assessment is conducted is the environment as it was before—

(a)

the construction, installation, or use of the temporary accommodation; and

(b)

any other activities were undertaken to establish or service the temporary accommodation (for example, the installation of a septic tank for the accommodation).

9 Enforcement proceedings

(1)

This clause applies in respect of the construction, installation, or use of temporary accommodation that is a permitted activity under this order.

(2)

Despite anything in the Act, only the relevant local authority may take enforcement proceedings (including declaratory proceedings) under Part 12 of the Act in respect of the temporary accommodation.

10 Temporary accommodation must comply with other requirements

This order does not affect any other legal obligations in respect of temporary accommodation, including obligations under national environmental standards and applicable regional rules.

Schedule Requirements for temporary accommodation to be permitted activity

cl 6

1 Temporary accommodation must be set back from boundary

Temporary accommodation must be set back from any boundary with an adjacent property,—

(a)

for temporary accommodation on urban zoned land, at least 1 metre from the boundary; or

(b)

for temporary accommodation on rurally zoned land, at least 3 metres from the boundary.

2 Temporary accommodation must not exceed height restrictions

The maximum height of temporary accommodation must not exceed the relevant height limit for buildings in any applicable district plan.

3 Temporary accommodation must meet floor level requirements

Temporary accommodation must meet any requirement for a minimum floor level set by the relevant consent authority under clause 4 of this schedule.

4 Consent authority may set minimum floor level

(1)

A consent authority for an affected location may, in writing, set a minimum floor level for temporary accommodation in that area.

(2)

The minimum floor level must be set for the purpose of managing flood risk.

(3)

The minimum floor level may override minimum floor level requirements in the applicable district plan.

(4)

A consent authority may set different minimum floor levels for different areas within its district or region.

5 Vehicle crossing must comply with sight line requirements

Any new vehicle crossing in relation to temporary accommodation must comply with any sight line requirements in any applicable district plan.

6 Vehicle accessway must comply with width requirements

Any vehicle accessway, in relation to temporary accommodation,—

(a)

must comply with any width requirements contained in any applicable district plan for the number of buildings the accessway services; and

(b)

is not required to be permanently sealed but must not create a dust hazard.

7 No new roads required

No new roads are required to be provided for vehicle access to temporary accommodation despite clause 6(a) and (b) of this schedule.

8 Notice to local authority

(1)

The owner of land on which temporary accommodation is sited must provide written notice to the territorial authority of the area in which the land is located—

(a)

stating the address where the accommodation is sited; and

(b)

stating the number of residential units that comprise the temporary accommodation; and

(c)

confirming that the purpose of the temporary accommodation is to provide housing for persons displaced from their normal place of residence because of 1 or more of the severe weather events; and

(d)

confirming that the temporary accommodation meets the requirements set out in this order; and

(e)

confirming that a resource consent will be applied for before the close of 9 February 2026 or the temporary accommodation will be removed before the close of 9 August 2026.

(2)

The notice must be provided,—

(a)

for temporary accommodation already sited on an affected location on 9 August 2023, before the close of 9 September 2023; or

(b)

for temporary accommodation that is sited on an affected location after this order is made, before the siting of the accommodation.

Rachel Hayward,
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 is made under section 7 of the Severe Weather Emergency Recovery Legislation Act 2023 (the SWERLA) and its effect is temporary. It is treated as having come into force on 1 June 2023 and is revoked on the close of 9 August 2026.

The order modifies the Resource Management Act 1991 by treating the construction, installation, or use of temporary accommodation in certain locations affected by the severe weather events defined in the SWERLA (the severe weather events) as a permitted activity. This means that a resource consent is not required for the activity. Temporary accommodation is accommodation provided for persons displaced from their normal place of residence because of a severe weather event and that is able to be removed or relocated at the expiry of the order. However, for the accommodation to be treated as a permitted activity, the following requirements must be met:

temporary accommodation in urban zoned land must be set back at least 1 metre from the boundary of any adjacent property, and temporary accommodation on rurally zoned land must be set back at least 3 metres from the boundary:
temporary accommodation must not exceed the relevant height limit for buildings in any applicable district plan:
any minimum floor levels set by the relevant consent authority to manage flood risk must be complied with:
any new vehicle crossing must comply with sight line requirements in any applicable district plan:
any vehicle accessway must comply with certain width requirements:
the owner of the land on which temporary accommodation is sited must notify the local authority with certain details about the temporary accommodation and must confirm that the accommodation meets the requirements in this order and that either a resource consent will be applied for before the close of 9 February 2026 or the accommodation will be removed before the close of 9 August 2026.

Temporary accommodation that complies with the requirements is a permitted activity whether it is sited on an affected location before 1 June 2023 or on or after that date.

The owner of land on which temporary accommodation is sited must either apply for a resource consent in respect of the temporary accommodation before the close of 9 February 2026 or remove the accommodation by the close of 9 August 2026.

The territorial authority in respect of land on which temporary accommodation is located must provide information about the accommodation on an Internet site to which the public has free access.

The order applies only to land in the districts or regions of the following local authorities:

Auckland Council:
Central Hawke’s Bay District Council:
Far North District Council:
Gisborne District Council:
Hastings District Council:
Hauraki District Council:
Hawke’s Bay Regional Council:
Kaipara District Council:
Napier City Council:
Northland Regional Council:
Tararua District Council:
Thames-Coromandel District Council:
Waikato District Council:
Wairoa District Council:
Whangārei District Council.

This order modifies the effect of the Resource Management Act 1991 only. It does not modify the effect of other legislation that may apply to the provision of temporary accommodation except for secondary legislation, plans, and rules, under the Resource Management Act 1991.

Statement of reasons

This statement of the Minister’s reasons for recommending the making of this order is published in accordance with section 10 of the SWERLA.

The Minister for the Environment (the relevant Minister) is satisfied that the order—

is necessary or desirable for 1 or more purposes of the SWERLA:
is no broader than is reasonably necessary to address the matters that gave rise to the order:
does not breach section 11 of the SWERLA:
does not limit or is a justified limit on the rights and freedoms in the New Zealand Bill of Rights Act 1990.

Order is necessary or desirable for 1 or more purposes of SWERLA and is appropriate

The relevant Minister is satisfied, for the following reasons, that the order is—

necessary or desirable for 1 or more purposes of the SWERLA; and
appropriate.

In relation to clause 8(1)(a)(i) of the SWERLA, the order will assist communities and local authorities to provide for the planning, rebuilding, and recovery of affected communities and persons, including—

the rebuilding of land, infrastructure, and other property of affected communities or of any affected persons:
facilitating co-ordinated efforts and processes for short-term, medium-term, and long-term recovery:
facilitating the restoration and improvement of the economic, social, and cultural well-being, and enhancing the resilience, of affected communities or of any affected persons.

Enabling temporary accommodation to be provided without the need for resource consent will help displaced communities and persons recover from the impacts of the severe weather events by ensuring that they can have accommodation in the short-term while longer-term housing solutions are developed. Enabling temporary accommodation for people to live in while their houses are repaired or rebuilt will help with the rebuilding of the property of affected communities and persons.

Order not broader than reasonably necessary

The relevant Minister is satisfied that the order is not broader than is reasonably necessary for the following reasons.

In relation to section 8(1)(a)(ii) of the SWERLA, the order is geographically limited to the 15 districts and regions most acutely impacted by the severe weather events. The order will apply retrospectively from 1 June 2023 until 3 years after it is made to ensure that temporary accommodation can be provided when the national transition period under the Civil Defence Emergency Management Act 2002 expires and to allow sufficient time to develop longer-term solutions.

The modification chosen departs least from the status quo (and purpose of the statutory requirement) because it achieves the purpose of the Resource Management Act 1991 (see section 5(1) of that Act).

Enabling temporary accommodation to be provided enables people and communities displaced by the severe weather events to provide for their well-being, health, and safety. Requirements in the order are intended to avoid, remedy, or mitigate adverse effects of activities on the environment.

The order is temporary in nature and focuses on the specific requirement to ensure that people displaced from their normal place of residence can access temporary accommodation. An exclusion preventing long-term existing use rights is included.

Other preconditions satisfied

The following preconditions for recommending the making of an order have also been satisfied:

the draft order has been reviewed by the Severe Weather Events Recovery Review Panel:
the draft order has been provided to the Regulations Review Committee:
the relevant Minister has had regard to the recommendations and comments provided by those bodies:
the engagement process under section 9 of the SWERLA has been complied with:
the relevant Minister has considered—
- the effects on the environment that could occur as a result of the order; and
- whether any adverse effects can be avoided, remedied, or mitigated.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 8 August 2023.

This order is administered by the Ministry for the Environment.