Housing Accords and Special Housing Areas (Auckland—New December 2015 Areas) Order 2015
Housing Accords and Special Housing Areas (Auckland—New December 2015 Areas) Order 2015
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Housing Accords and Special Housing Areas (Auckland—New December 2015 Areas) Order 2015
Reprint as at 1 October 2017

Housing Accords and Special Housing Areas (Auckland—New December 2015 Areas) Order 2015
(LI 2015/305)
Housing Accords and Special Housing Areas (Auckland—New December 2015 Areas) Order 2015: revoked, on 1 October 2017, by clause 4 of the Housing Accords and Special Housing Areas Orders Revocation Order 2017 (LI 2017/240).
Rt Hon Dame Sian Elias, Administrator of the Government
Order in Council
At Wellington this 7th day of December 2015
Present:
Her Excellency the Administrator of the Government 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, Her Excellency the Administrator of the Government 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)(i) of that Act.
Order
1 Title
This order is the Housing Accords and Special Housing Areas (Auckland—New December 2015 Areas) Order 2015.
2 Commencement
This order comes into force on the 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 a 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 on which the relevant resource consent application or request to vary the proposed Auckland combined plan is made under the Act, whichever is the earlier.
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 (as provided in section 14(1)(b)(i) of the Act):
(b)
the maximum calculated height that buildings must not exceed is 27 metres (as provided in section 14(1)(b)(ii) of the Act):
(c)
the minimum number of dwellings to be built in each qualifying development is,—
(i)
in Takanini Strategic Extension special housing area (see Schedule 9), 50; and
(ii)
in each other special housing area, 4:
(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 development 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 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 Hillary Crescent, Belmont special housing area
Map of special housing area

Description of Hillary Crescent, Belmont special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 36 DP 40536 | 547789 | 0.0784 | ||
| Lot 37 DP 40536 | 547788 | 0.0807 | ||
| Lot 38 DP 40536 | 547779 | 0.0857 | ||
| Lot 39 DP 40536 | 547778 | 0.0728 | ||
| Lot 40 DP 40536 | 547777 | 0.0728 | ||
| Lot 41 DP 40536 | 547776 | 0.0827 | ||
| Lot 42 DP 40536 | 547722 | 0.0789 | ||
| Lot 43 DP 40536 | 547723 | 0.0789 | ||
| Lot 44 DP 40536 | 547724 | 0.0873 | ||
| Lot 45 DP 40536 | 547725 | 0.0946 | ||
| Lot 46 DP 40536 | 547726 | 0.0948 | ||
| Lot 47 DP 40536 | 547727 | 0.0807 | ||
| Lot 48 DP 40536 | 547728 | 0.0804 | ||
| Lot 49 DP 40536 | 547729 | 0.0804 | ||
| Lot 50 DP 40536 | 547730 | 0.0804 | ||
| Lot 51 DP 40536 | 547731 | 0.0804 | ||
| Lot 52 DP 40536 | 547732 | 0.0779 | ||
| Lot 53 DP 40536 | 547733 | 0.0696 | ||
| Lot 54 DP 40536 | 547734 | 0.0804 | ||
| Lot 2 DP 40536 | 547749 | 0.0809 | ||
| Lot 1 DP 40536 | 547748 | 0.0822 | ||
| Lot 28 DP 40536 | 547775 | 0.0911 | ||
| Lot 27 DP 40536 | 547774 | 0.0797 | ||
| Lot 26 DP 40536 | 547773 | 0.0774 | ||
| Lot 25 DP 40536 | 547772 | 0.1318 | ||
| Lot 24 DP 40536 | 547771 | 0.1356 | ||
| Lot 23 DP 40536 | 547770 | 0.0991 | ||
| Lot 22 DP 40536 | 547769 | 0.0916 | ||
| Lot 21 DP 40536 | 547768 | 0.1151 | ||
| Lot 20 DP 40536 | 547767 | 0.0870 | ||
| Lot 19 DP 40536 | 547766 | 0.0885 | ||
| Lot 18 DP 40536 | 547765 | 0.0822 | ||
| Lot 17 DP 40536 | 547764 | 0.0812 | ||
| Lot 16 DP 40536 | 547763 | 0.0804 | ||
| Lot 15 DP 40536 | 547762 | 0.0794 | ||
| Lot 14 DP 40536 | 547761 | 0.0830 | ||
| Lot 13 DP 40536 | 547760 | 0.0855 | ||
| Lot 12 DP 40536 | 547759 | 0.0916 | ||
| Lot 11 DP 40536 | 547758 | 0.1060 | ||
| Lot 10 DP 40536 | 547757 | 0.0900 | ||
| Lot 9 DP 40536 | 547756 | 0.0890 | ||
| Lot 8 DP 40536 | 547755 | 0.1298 | ||
| Lot 7 DP 40536 | 547754 | 0.1343 | ||
| Lot 6 DP 40536 | 547753 | 0.1002 | ||
| Lot 5 DP 40536 | 547752 | 0.1462 | ||
| Lot 4 DP 40536 | 547751 | 0.1108 | ||
| Lot 3 DP 40536 | 547750 | 0.0943 | ||
| Lot 67 DP 40536 | 547747 | 0.1002 | ||
| Lot 66 DP 40536 | 547746 | 0.0999 | ||
| Lot 65 DP 40536 | 547745 | 0.0948 | ||
| Lot 64 DP 40536 | 547744 | 0.0860 | ||
| Lot 63 DP 40536 | 547743 | 0.0789 | ||
| Lot 62 DP 40536 | 547742 | 0.0817 | ||
| Lot 61 DP 40536 | 547741 | 0.0817 | ||
| Lot 60 DP 40536 | 547740 | 0.0817 | ||
| Lot 59 DP 40536 | 547739 | 0.0787 | ||
| Lot 58 DP 40536 | 547738 | 0.0761 | ||
| Lot 57 DP 40536 | 547737 | 0.0784 | ||
| Lot 56 DP 40536 | 547736 | 0.0690 | ||
| Lot 55 DP 40536 | 547735 | 0.0690 | ||
| Lot 35 DP 40536 | 547787 | 0.0756 | ||
| Lot 34 DP 40536 | 547786 | 0.0756 | ||
| Lot 33 DP 40536 | 547785 | 0.1396 | ||
| Lot 32 DP 40536 | 547784 | 0.1055 | ||
| Lot 31 DP 40536 | 547783 | 0.0870 | ||
| Lot 68 DP 40536 | 547782 | 0.1330 | ||
| Lot 30 DP 40536 | 547781 | 0.0981 | ||
| Lot 29 DP 40536 | 547780 | 0.0723 | ||
| Lot 1 DP 41132 | 547802 | 0.0807 | ||
| Lot 2 DP 41132 | 547801 | 0.0741 | ||
| Lot 3 DP 41132 | 547800 | 0.0696 | ||
| Lot 4 DP 41132 | 547799 | 0.0868 | ||
| Lot 5 DP 41132 | 547798 | 0.1199 | ||
| Lot 6 DP 41132 | 547797 | 0.1050 | ||
| Lot 7 DP 41132 | 547796 | 0.0976 | ||
| Lot 8 DP 41132 | 547795 | 0.1085 | ||
| Lot 9 DP 41132 | 547794 | 0.0814 | ||
| Lot 10 DP 41132 | 547793 | 0.0751 | ||
| Lot 11 DP 41132 | 547792 | 0.0701 | ||
| Lot 12 DP 41132 | 547791 | 0.0713 | ||
| Lot 13 DP 41132 | 547790 | 0.0736 | ||
| Lot 71 DP 40536 | None | 0.1672 | ||
| Lot 69 DP 40536 | None | 1.2267 | ||
| Lot 15 DP 41132 | None | 0.0144 | ||
| Lot 14 DP 41132 | None | 0.2985 | ||
| Lot 72 DP 40536 | None | 0.6639 | ||
| Lot 1 DP 25049 | None | 0.0061 |
Schedule 2 Karepiro Drive, Stanmore Bay special housing area
Map of special housing area

Description of Karepiro Drive, Stanmore Bay special housing area
| Land identification | CT number | Area (ha) | ||
| That Part of Lot 800 DP 480643 that is zoned Mixed Use in the proposed Auckland combined plan. | 672109 | 6.4800 (approx) |
Schedule 3 Larch Street, Avondale special housing area
Map of special housing area

Description of Larch Street, Avondale special housing area
| Land identification | CT number | Area (ha) | ||
| Lot 20 DP 38924 | NA1072/131 | 0.0898 | ||
| Lot 19 DP 38924 | NA10D/682 | 0.2084 | ||
| Lot 13 DP 38924 | NA41D/433 | 0.2223 |
Schedule 4 Mcannalley Street, Manurewa special housing area
Map of special housing area

Description of Mcannalley Street, Manurewa special housing area
| Land identification | CT number | Area (ha) | ||
| Lot 10 DP 167753 | NA101D/165 | 0.5107 | ||
| Lot 9 DP 167753 | NA101D/164 | 0.3522 |
Schedule 5 Meadowbank Road, Meadowbank special housing area
Map of special housing area

Description of Meadowbank Road, Meadowbank special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 13 DP 17585 | NA424/68 | 0.0663 | ||
| Lot 1 DP 182412 | NA113C/436 | 0.0609 | ||
| Lot 3 DP 182412 | NA113C/438 | 0.0457 | ||
| Lot 2 DP 182412 | NA113C/437 | 0.0502 | ||
| Lot 6 DP 182412 | NA113C/436, NA113C/437, NA113C/438, NA113C/439, NA113C/440 | 0.0478 | ||
| Lot 5 DP 182412 | NA113C/440 | 0.0874 | ||
| Lot 4 DP 182412 | NA113C/439 | 0.0417 | ||
| Lot 10 DP 17585 | NA678/263 | 0.0612 |
Schedule 6 Mill Road, Alfriston special housing area
Map of special housing area

Description of Mill Road, Alfriston special housing area
| Land identification | CT number | Area (ha) | ||
| Lot 1000 DP 473204 | 646909 | 3.4172 |
Schedule 7 Mountain Road, Epsom special housing area
Map of special housing area

Description of Mountain Road, Epsom special housing area
| Land identification | CT number | Area (ha) | ||
| Lot 1 DP 209454 | NA134D/789 | 0.1865 | ||
| Section 1 SO 69497 | NA134D/789 | 0.0084 | ||
| Lot 1 DP 10962 | NA138A/43 | 0.1161 | ||
| Lot 1 DP 195525 | 0.0419 |
Schedule 8 St Georges Road, Avondale special housing area
Map of special housing area

Description of St Georges Road, Avondale special housing area
| Land identification | CT number | Area (ha) | ||
| Lot 2 DP 392084 | 370399 | 0.4060 | ||
| Lot 1 DP 73282 | NA29B/722 | 0.1191 | ||
| Lot 1 DP 392084 | 370398 | 0.1380 |
Schedule 9 Takanini Strategic Extension special housing area
Map of special housing area

Description of Takanini Strategic Extension special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 1 DP 85918 | NA47A/883 | 2.1108 | ||
| Lot 2 DP 85918 | NA47A/884 | 2.1022 | ||
| Lot 3 DP 85918 | NA47A/885 | 2.1119 | ||
| Lot 9 DP 85918 | NA47A/891 | 2.3932 | ||
| Lot 8 DP 85918 | NA47A/890 | 2.3939 | ||
| Lot 7 DP 85918 | NA47A/889 | 2.0278 | ||
| Lot 6 DP 85918 | NA47A/888 | 2.3946 | ||
| Lot 5 DP 85918 | NA47A/887 | 2.0280 | ||
| Lot 4 DP 85918 | NA47A/886 | 2.0046 |
Schedule 10 Wellington Street, Freemans Bay special housing area
Map of special housing area

Description of Wellington Street, Freemans Bay special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 1 DP 83910 | NA89C/359 | 0.1887 | ||
| NA86C/375 | ||||
| NZ86C/232 | ||||
| NA86C/236 | ||||
| NA86C/237 | ||||
| NA86C/238 | ||||
| NA86C/239 | ||||
| NA86C/240 | ||||
| NA86C/233 | ||||
| NA86C/234 | ||||
| NA86C/235 |
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 10 areas in Auckland to be special housing areas for the purposes of the Housing Accords and Special Housing Areas Act 2013 (the Act). 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 each of the special housing areas must meet in order 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, are—
the minimum number of dwellings that must be built:
the maximum number of storeys that buildings in the development may have and the maximum height that buildings may be:
where the development relates to 15 or more dwellings, the percentage of dwellings that must be affordable dwellings and the affordability criteria.
The overall effect of the order is that if a proposed development in a special housing area will be predominantly residential and meets the criteria specified for qualifying developments, applications for resource consents can (but do not have to) be made under the Act instead of under 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 that is associated with the resource consent application.
This order is the seventh to create special housing areas in Auckland. The preceding orders are—
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 10 December 2015.
Reprints notes
1 General
This is a reprint of the Housing Accords and Special Housing Areas (Auckland—New December 2015 Areas) Order 2015 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
"Related Legislation
"Related Legislation
"Related Legislation
Versions
Housing Accords and Special Housing Areas (Auckland—New December 2015 Areas) Order 2015
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