Housing Accords and Special Housing Areas (Auckland—New September 2014 Areas) Order 2014
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Reprint as at 1 October 2017
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,—
Act means the Housing Accords and Special Housing Areas Act 2013
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
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
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 identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 12 DP 32230 | CFR NA832/289 | 0.2031 | ||
| Lot 13 DP 32230 | CFR NA840/189 | 0.2023 | ||
| Lot 17 DP 32230 | CFR NA2116/9 | 0.2071 | ||
| Lot 19 DP 32230 | CFR NA4B/1257 | 0.1922 | ||
| Pt Allotment 6, Section 1, Small Lots Near Village of Panmure | CFR NA772/286 | 0.0232 | ||
| Pt Lot 7 DP 32230 | CCR NA131B/121 | 0.2018 | ||
| Pt Lot 7 DP 32230 | CCR NA121D/333 | |||
| Pt Lot 7 DP 32230 | CCR NA133D/994 | |||
| Pt Lot 7 DP 32230 | CCR NA138B/913 | |||
| Pt Lot 7 DP 32230 | CCR NA127A/364 | |||
| Pt Lot 6 DP 32230 | CFR NA964/215 | 0.0797 | ||
| Pt Lot 5 DP 32230 | CFR NA845/275 | 0.0763 | ||
| Pt Lot 4 DP 32230 | CFR NA840/190 | 0.0763 | ||
| Pt Lot 3 DP 32230 | CFR NA836/186 | 0.0763 | ||
| Pt Lot 2 DP 32230 | CFR NA836/187 | 0.0782 | ||
| Pt Lot 1 DP 32230 | CFR NA859/279 | 0.0856 | ||
| Lot 8 DP 32230 | CCR NA121D/833; CCR NA121D/834 | 0.085 | ||
| Lot 9 DP 32230 | CCR NA60C/910 | 0.0822 | ||
| Lot 9 DP 32230 | CCR NA82A/473 | |||
| Lots 10 and 11 DP 32230 | CCR NA87D/649 | 0.0822 | ||
| Lots 10 and 11 DP 32230 | CCR NA93B/443 | |||
| Lots 10 and 11 DP 32230 | CCR NA91A/605 | 0.0822 | ||
| Lots 10 and 11 DP 32230 | CCR NA92A/597 | |||
| Lot 14 DP 32230 | CCR NA49B/1153 | 0.0911 | ||
| Lot 14 DP 32230 | CCR NA49B/1154 | |||
| Lot 14 DP 32230 | CCR NA49B/1152 | |||
| Lot 15 DP 32230 | CFR NA50C/92 | 0.0911 | ||
| Lot 2 DP 336425 | CFR 149357 | 0.0471 | ||
| Lot 1 DP 336425 | CFR 149356 | 0.044 | ||
| Lot 4 DP 315665 | CFRs 61504, 61505, 61506 | 0.0152 | ||
| Lot 1 DP 315665 | CFR 61504 | 0.049 | ||
| Lot 2 DP 315665 | CFR 61505 | 0.0327 | ||
| Lot 3 DP 315665 | CFR 61506 | 0.0332 |
Schedule 3 Bellfield Road, Papakura 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 identification | CT number | Area (ha) | ||
| Lot 16 DP 65956 | CFR NA24B/154 | 3.2972 | ||
| Pt Lot 23 DP 66983 | CFR NA52B/1269 | 5.4489 | ||
| Lot 2 DP 98457 | CFR NA53C/1013 | 5.2030 | ||
| Lot 49 DP 91417 | CFR NA93D/563 | 1.2848 | ||
| Pt Lot 66 DP 84109 | 0.2156 | |||
| Lot 65 DP 84109 | CFR NA40B/943 | 0.7056 | ||
| Lot 2 DP 65192 | CFR NA31C/508 | 10.6146 | ||
| Part Allotment 52, Parish of Opaheke | CT 521/225 | 0.1053 |
Schedule 4 Bunnythorpe Road, Papakura 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 identification | CT number | Area (ha) | ||
| Lot 2 DP 87340 | CFR NA45B/113 | 0.3434 | ||
| Lot 1 DP 87340 | CFR NA45B/112 | 0.0698 |
Schedule 5 Corner Great North Road and Walsall Street, Avondale 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 identification | CT number | Area (ha) | ||
| Lot 2 DP 157272 | CFR NA94C/41 | 0.1065 | ||
| Part Allotment 63, Parish of Titirangi (Lot 6 Deeds Plan S96) | CFR NA543/104 | 0.0771 |
Schedule 6 Coates Avenue, Orakei 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 identification | CT number | Area (ha) | ||
| Lot 1 DP 28597 | CFR NA70A/430 | 0.0316 | ||
| Lot 2 DP 28597 | 0.0212 | |||
| Lot 3 DP 28597 | 0.0220 | |||
| Lot 4 DP 28597 | 0.0182 | |||
| Lot 5 DP 28597 | 0.0197 | |||
| Lot 6 DP 28597 | 0.0296 |
Schedule 7 East Coast Road, Pinehill 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 identification | CT number | Area (ha) | ||
| Lot 17 DP 39437 | CFR 585582 | 0.1130 | ||
| Lot 16 DP 39437 | CFR 585581 | 0.1024 |
Schedule 8 Enfield Street, Mt Eden 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 identification | CT number | Area (ha) | ||
| Lot 1 DP 473067 | CFR 646398 | 0.3751 |
Schedule 9 Harbourside Drive, Hingaia 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 identification | CT number | Area (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 14/06/13 | CFR 282307 | 1.75 (more or less) |
Schedule 10 Mokoia Road, Birkenhead 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 identification | CT number | Area (ha) | ||
| Lot 2 DP 43141 | CFR NA71D/339 | 0.1158 | ||
| Lot 3 DP 43807 | CFR NA1327/10 | 0.0806 |
Schedule 11 Morrin Street, Ellerslie 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 identification | CT number | Area (ha) | ||
| Lot 1 DP 466956 | CFR 624548, CIR 624551 | 6.0974 |
Schedule 12 Racecourse Parade, Avondale 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 identification | CT number | Area (ha) | ||
| Lot 1 DP 60896 | CFR NA16D/683 | 0.1548 | ||
| Pt Lot 7 DP 16112 | CFR NA2B/154 | 0.1950 |
Schedule 13 Redhills (Fred Taylor Drive)—Stage 1 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 identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 4 DP 6627 | CFR NA38A/1234 | 25.1866 | ||
| Lot 1 DP 136111 | CFR NA80B/20 | 1.5968 | ||
| Pt Lot 1 DP 45675 | CFR NA42B/376 | 0.4266 | ||
| Section 4 SO 443144 | CFR 601136 | 15.9291 | ||
| Lot 1 DP 51894 | CFR NA1D/756 | 0.0809 | ||
| Lot 5 DP 350811 | CFR 208054 | 4.1179 | ||
| Lot 4 DP 350811 | CFR 208053 | 4.009 | ||
| Lot 3 DP 350811 | CFR 208052 | 4.2554 | ||
| Lot 2 DP 350811 | CFR 208051 | 4.1885 | ||
| Lot 1 DP 350811 | CFR 208050 | 4.0194 | ||
| Lot 1 DP 60592 | CFR NA15C/618 | 0.5671 | ||
| Lot 1 DP 43108 | CFR NA2076/94 | 0.1017 | ||
| Lot 2 DP 43108 | CFR NA19D/446 | 0.1017 | ||
| Lot 3 DP 43108 | CFR NA19D/447 | 0.1017 | ||
| Lot 4 DP 43108 | CFR NA13D/1353 | 0.1017 | ||
| Lot 5 DP 43108 | CFR NA3B/255 | 0.1017 | ||
| Lot 6 DP 43108 | CFR NA2106/57 | 0.1052 | ||
| Lot 2 DP 65352 | CFR NA35B/801 | 4.2618 | ||
| Lot 3 DP 65352 | CFR NA35B/802 | 5.5998 | ||
| Lot 7 DP 43108 | CFR NA1650/71 | 0.1022 | ||
| Lot 8 DP 43108 | CFR NA2088/32 | 0.1017 | ||
| Lot 9 DP 43108 | CFR NA1838/18 | 0.1017 | ||
| Lot 10 DP 43108 | CFR NA21B/598 | 0.1017 | ||
| Lot 11 DP 43108 | CFR NA2088/33 | 0.1017 | ||
| Section 28 SO 473252 | CFR 661203 | 6.7549 | ||
| Section 27 SO 473252 | CFR 661205 | 8.1787 | ||
| Lot 3 DP 51625 | CFR NA8A/680 | 8.119 | ||
| Pt Lot 2 DP 44747 | CFR NA2076/95 | 4.4463 | ||
| Lot 1 DP 44747 | CFR NA93D/864 | 3.6422 | ||
| Lot 1 DP 164641 | 0.0126 | |||
| Lot 6 DP 52123 | CFR NA42A/621 | 4.0469 | ||
| Lot 4 DP 52123 | CFR NA22B/873 | 4.0469 | ||
| Lot 3 DP 52123 | CFR NA22B/872 | 4.0469 | ||
| Lot 1 DP 64737 | CFR NA51B/1174 | 4.1202 | ||
| Lot 2 DP 64737 | CFR NA22B/871 | 4.0469 | ||
| Lot 1 DP 173727 | CFR NA105D/111 | 6.0801 | ||
| Pt Lot 33 DP 2088 | CFR NA606/250 | 35.1659 | ||
| Lot 34 DP 2088 | 28.935 | |||
| Part Brighams Claim (DP 2088) | CFR NA95/60 | 2.3600 (more or less) | ||
| Lot 5 DP 52123 | CFR NA31D/554 | 4.0469 | ||
| Pt Lot 11 DP 52123 | CFR NA31A/689 | 3.9482 | ||
| Lot 10 DP 52123 | CFR NA16D/1210 | 4.1177 | ||
| Lot 9 DP 52123 | CFR NA16D/1209 | 4.0469 | ||
| Lot 1 DP 206623 | CFR NA135A/297 | 2.8308 | ||
| Lot 1 DP 94840 | CFR NA51A/268 | 0.9192 | ||
| Part Brighams Claim | Deeds Index 7A.299 | 1.5260 (more or less) |
Schedule 14 St Lukes Road, Mt Albert 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 identification | CT number | Area (ha) | ||
| Pt Lot 1 DP 20808 | CFR NA471/278 | 0.0353 | ||
| Pt Lot 3 DP 20808 | CFR NA471/277 | 0.1580 | ||
| Pt Lot 2 DP 20808 | CFR NA471/279 | 0.0337 | ||
| Pt Lot 4 DP 20808 | CFR NA471/280 | 0.1352 |
Schedule 15 Takapuna Strategic Area 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
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
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 identification | CT number | Area (ha) | ||
| Lot 1 DP 204866 | CFR NA133C/661 | 37.5878 | ||
| Lot 2 DP 204866 | ||||
| Section 1 SO 69481 | ||||
| Section 2 SO 69481 | ||||
| Lot 1 DP 204868 | CFR NA133C/414 | 0.0482 |
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.
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
Versions
Housing Accords and Special Housing Areas (Auckland—New September 2014 Areas) Order 2014
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