Housing Accords and Special Housing Areas (Wellington—New December 2015 Areas) Order 2015
Housing Accords and Special Housing Areas (Wellington—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).
Reprint as at 1 October 2017
Housing Accords and Special Housing Areas (Wellington—New December 2015 Areas) Order 2015
(LI 2015/306)
Housing Accords and Special Housing Areas (Wellington—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 (Wellington—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.
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
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 that must be built is,—
(i)
in Glanmire Road, Newlands special housing area (see Schedule 1), 2:
(ii)
in Mein Street, Newtown special housing area (see Schedule 2), 2:
(iii)
in Shelly Bay Extension special housing area (see Schedule 3), 10.
Schedule 1 Glanmire Road, Newlands special housing area
Map of special housing area
Description of Glanmire Road, Newlands special housing area
| Land identification | CT number | Area (ha) | ||
| Lot 1 DP 13421 | WN561/240 | 0.1757 |
Schedule 2 Mein Street, Newtown special housing area
Map of special housing area
Description of Mein Street, Newtown special housing area
| Land identification | CT number | Area (ha) | ||
| Lot 1 DP 76525; Pt Sec 790 City of Wellington | WN42D/820; WN5C/783; WN171/222; WN172/121; WN175/153 | 0.6300 |
Schedule 3 Shelly Bay Extension special housing area
Map of special housing area
Description of Shelly Bay Extension special housing area
All that land (including legal roads) comprising 7.32 hectares commencing at the most northern point of Section 9 SO Plan 339948, bounded—
(a)
to the north by the northern boundaries of Section 9 SO Plan 339948 and Section 1 SO Plan 37849; then
(b)
to the east by the eastern boundaries of Section 1 SO Plan 37849, Section 3 SO Plan 339948, and Section 2 SO Plan 339948 for a distance of 31.26 metres; then
(c)
by the eastern and south-eastern boundaries of the Shelly Bay special housing area as set out in Schedule 10 of the Housing Accords and Special Housing Areas (Wellington—New June 2015 Areas) Order 2015; then
(d)
by the north-eastern, south-eastern, and south-western boundaries of Part Section 20, Watts Peninsula District; then
(e)
to the south by the extension of the south-western boundary of Part Section 20, Watts Peninsula District westwards across Shelly Bay Road to the line of Mean High Water Springs (MHWS); then
(f)
to the west by the line of MHWS northwards until intersecting with the existing wharf structures; then
(g)
by the seaward edges of the existing wharf structures until intersecting with the line of MHWS again; then
(h)
to the west by the line of MHWS until intersecting with the extension of the northern boundary of Section 9 SO Plan 339948 westwards across Massey Road; then
(i)
to the north by the extension of the northern boundary of Section 9 SO Plan 339948 westwards across Massey Road, then to the point of commencement; but
(j)
excluding the Shelly Bay special housing area as set out in Schedule 10 of the Housing Accords and Special Housing Areas (Wellington—New June 2015 Areas) Order 2015.
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 3 areas in Wellington 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.
This order does not prescribe affordability criteria for any of the special housing areas.
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 Wellington City Council is a party to a housing accord under the Act, an applicant for a resource consent can request a variation to the Wellington City District Plan in certain circumstances where that is associated with the resource consent application.
This order is the third to create special housing areas in Wellington. The previous orders are—
Date of notification in Gazette: 10 December 2015.
Reprints notes
1 General
This is a reprint of the Housing Accords and Special Housing Areas (Wellington—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