Housing Accords and Special Housing Areas (Auckland—New February 2016 Areas) Order 2016
Housing Accords and Special Housing Areas (Auckland—New February 2016 Areas) Order 2016
Housing Accords and Special Housing Areas (Auckland—New February 2016 Areas) Order 2016
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Reprint as at 1 October 2017

Housing Accords and Special Housing Areas (Auckland—New February 2016 Areas) Order 2016
(LI 2016/5)
Housing Accords and Special Housing Areas (Auckland—New February 2016 Areas) Order 2016: 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 15th day of February 2016
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.
This order is made under sections 15 to 17 of the Housing Accords and Special Housing Areas Act 2013—
(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 February 2016 Areas) Order 2016.
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)
50 in each of the following special housing areas:
(A)
Argent Lane, Wainui special housing area (see Schedule 1):
(B)
Bremner Road, Drury Extension special housing area (see Schedule 2):
(C)
Ockleston Landing, Hobsonville special housing area (see Schedule 11):
(ii)
4 in each other special housing area:
(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.
(5)
For the purpose of calculating whether a development meets the 5% threshold in subclause (4)(a), 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 Argent Lane, Wainui special housing area
Map of special housing area

Description of Argent Lane, Wainui special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 3 DP 151229 | NA90A/713 | 6.4280 | ||
| Lot 5 DP 151229 Section 1 SO 67469 |
NA118B/208 | 6.6250 0.3896 |
||
| Lot 14 DP 168913 | NA118B/209 | 9.8324 | ||
| Lot 13 DP 168913 | NA103A/107 | 6.6458 | ||
| Lot 7 DP 151229 | NA90A/716 | 7.4230 | ||
| Lot 11 DP 151229 | NA90A/720 | 9.6300 | ||
| Lot 10 DP 151229 | NA90A/719 | 8.3000 | ||
| Lot 12 DP 168913 | NA103A/106 | 8.0200 | ||
| Lot 9 DP 151229 | NA90A/718 | 8.0260 | ||
| Lot 1 DP 310551 | 41391 | 5.2958 | ||
| Section 6 SO 70732 Section 5 SO 70732 |
54793 | 3.1090 0.0062 |
||
| Section 1 SO 308837 | 100980 | 59.4700 | ||
| Lot 1 DP 63393 | NA80C/106 | 35.4252 | ||
| Lot 3 DP 72198 Section 2 SO 67469 |
NA107B/50 | 2.7343 0.3850 |
||
| Lot 5 DP 72198 | NA28B/1455 | 9.1583 |
Schedule 2 Bremner Road, Drury Extension special housing area
Map of special housing area

Description of Bremner Road, Drury Extension special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 2 DP 376355 | 307028 | 2.5769 | ||
| Lot 3 DP 119463 Lot 4 DP 113113 Lot 3 DP 99330 Lot 3 DP 132199 |
307027 | 2.1100 2.3700 0.5550 0.8000 |
||
| Lot 1 DP 376355 | 1.5836 | |||
| Lot 1 DP 37093 | NA964/53 | 0.1285 | ||
| Lot 3 DP 113113 Lot 2 DP 113113 |
NA63C/653 | 8.8148 1.8128 |
||
| Lot 1 DP 113113 | NA63C/652 | 0.6783 | ||
| Lot 1 DP 168112 | NA102B/197 | 0.4335 | ||
| Lot 2 DP 168112 | NA102B/198 | 0.5947 | ||
| Lot 1 DP 188360 | NA118C/39 | 0.1542 |
Schedule 3 Brightside Road, Stanmore Bay special housing area
Map of special housing area

Description of Brightside Road, Stanmore Bay special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 6 LT 486804 | NA47B/135, NA47B/136 (Part) | 0.4102 |
Schedule 4 Canal Road, Avondale special housing area
Map of special housing area

Description of Canal Road, Avondale special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 8 DP 47544 | NA1877/83 | 0.0703 | ||
| Lot 9 DP 47544 | NA1827/7 | 0.0703 |
Schedule 5 Forge Way, Mt Wellington special housing area
Map of special housing area

Description of Forge Way, Mt Wellington special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 11 DP 193634 | NA122D/715 | 0.1746 |
Schedule 6 Hobsonville Point (Catalina Precinct) and Marine Industry Precinct Extension special housing area
Map of special housing area

Description of Hobsonville Point (Catalina Precinct) and Marine Industry Precinct Extension special housing area
The area of Part of Lot 4 DP 463057 and Part of Lot 2 DP 463057 and the northernmost Part of Lot 21 DP 486479, located within the Hobsonville Point Sub-precinct D zoned Mixed Housing Urban in the proposed Auckland combined plan, that has not been declared a special housing area under the Housing Accords and Special Housing Areas (Auckland) Order 2013.
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Part Lot 4 DP 463057 | 612353 (part) | 13.7109 | ||
| Part Lot 2 DP 463057 | 612352 (part) | 0.7646 | ||
| Part Lot 21 DP 486479 | 701757 (part) | 0.0160 |
Schedule 7 Kelmarna Avenue, Herne Bay special housing area
Map of special housing area

Description of Kelmarna Avenue, Herne Bay special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 46 DP 7172 | NA35B/398 | 0.2343 |
Schedule 8 Link Crescent, Stanmore Bay special housing area
Map of special housing area

Description of Link Crescent, Stanmore Bay special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Section 3 SO 435211 | 601316 | 2.0657 |
Schedule 9 Manurewa Cluster special housing area
Map of special housing area

Description of Manurewa Cluster special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 45 DP 47219 | NA91D/133 | 0.0683 | ||
| Lot 44 DP 47219 | NA43A/1172 | 0.0683 | ||
| Lot 43 DP 47219 | NA95C/533 | 0.0683 | ||
| Lot 407 DP 73315 | NA29B/957 | 0.0607 | ||
| Lot 408 DP 73315 | NA29B/958 | 0.0607 | ||
| Lot 285 DP 73316 | NA29B/979 | 0.0604 | ||
| Lot 286 DP 73316 | NA29B/980 | 0.0605 | ||
| Lot 260 DP 73317 | NA29B/994 | 0.0624 | ||
| Lot 259 DP 73317 | NA29B/993 | 0.0623 | ||
| Lot 258 DP 73317 | NA29B/992 | 0.0622 | ||
| Lot 333 DP 73315 | NA29B/953 | 0.0710 | ||
| Lot 404 DP 73315 | NA29B/954 | 0.0627 |
Schedule 10 Moire Road, Massey special housing area
Map of special housing area

Description of Moire Road, Massey special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Section 1 SO 53700 | 708689 | 2.1185 | ||
| Section 3 SO 53700 | 708689 | 4.8573 | ||
| Pt Allotment 670 PSH of Waipareira | 708689 | 0.5465 | ||
| Allotment 671 PSH of Waipareira | 708689 | 0.2132 | ||
| Pt Lot 1 DP 53025 | 708690 | 0.4022 | ||
| Section 5 SO 53700 | 708689 | 0.0159 | ||
| Section 4 SO 53700 | 708689 | 0.3068 | ||
| Section 2 SO 53700 | 708689 | 0.7435 |
Schedule 11 Ockleston Landing, Hobsonville special housing area
Map of special housing area

Description of Ockleston Landing, Hobsonville special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Section 1 SO 445478 | 581401 | 2.8058 | ||
| Lot 11 DP 89678 | 581401 | 0.3025 | ||
| Section 5 SO 445478 | 581401 | 0.4996 |
Schedule 12 Onehunga Cluster special housing area
Map of special housing area

Description of Onehunga Cluster special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 33 DP 37894 | NA88C/281 | 0.0819 | ||
| Lot 2 DP 196301 | NA124C/373 | 0.0583 | ||
| Lot 1 DP 196301 | NA124C/372 | 0.0422 | ||
| Lot 39 DP 48121 | NA88C/290 | 0.0637 | ||
| Lot 38 DP 48121 | NA88C/289 | 0.0804 | ||
| Lot 3 DP 38526 | NA15B/1348 | 0.0736 | ||
| Lot 2 DP 60057 | NA15B/1347 | 0.0592 |
Schedule 13 Tamaki Regeneration Area (Panmure and Point England) special housing area
Map of special housing area

Description of Tamaki Regeneration Area (Panmure and Point England) special housing area
North section
All of the land in the Tamaki area that falls within the following boundaries:
(a)
a western boundary marked by Pilkington Road; and
(b)
a northern boundary marked by Point England Road, Elstree Avenue, the northern boundary of Lot 1 DP 40140, the western and southern boundaries of Lot 1 DP 39317, the northern and eastern boundaries of Lot 11 DP 43733, and the southern side of Point England Road to the eastern boundary point of Lot 211 DP 18727; and
(c)
an eastern boundary marked by the eastern boundary of all lots zoned Mixed Housing Suburban in the proposed Auckland combined plan from Point England Road to the south-eastern boundary point of Lot 363 DP 19406, the southern boundary of Lot 363 DP 19406, and the western boundary of Riverside Avenue to Tangaroa Street; and
(d)
a southern boundary marked by the northern boundary of Boundary Reserve, comprising Part Lot 36 DP 44905 and Lot 529 DP 44905.
South section
All of the land in the Tamaki area that falls within the following boundaries:
(a)
a western boundary marked by Pilkington Road; and
(b)
a northern boundary marked by Stewart Avenue, Tripoli Road, and Alamein Road; and
(c)
an eastern boundary marked by Dunkirk Road; and
(d)
a southern boundary marked by Kings Road, the eastern boundary of Lot 4 DP 20103, a line from the north-eastern boundary point of Lot 4 DP 20103 to the western boundary point of Lot 2 DP 190715, the eastern and northern boundaries of Lot 188 DP 39427, the eastern boundary of Lot 189 DP 39427, Caen Road, Tripoli Road, Te Koa Road, the southern boundary of Lot 30 DP 52637, and the eastern and northern boundaries of Lot 454 DP 42010.
Schedule 14 Zion Road, Birkenhead special housing area
Map of special housing area

Description of Zion Road, Birkenhead special housing area
| Land identification | CT number | Area (ha) | ||
|---|---|---|---|---|
| Lot 3 DP 22111 | NA499/88 | 0.0948 | ||
| Lot 4 DP 22111 | NA491/40 | 0.0940 |
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 14 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 eighth 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: 18 February 2016.
Reprints notes
1 General
This is a reprint of the Housing Accords and Special Housing Areas (Auckland—New February 2016 Areas) Order 2016 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 February 2016 Areas) Order 2016
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