COVID-19 Recovery (Fast-track Consenting) Referred Projects (Upland Road Retirement Village) Amendment Order 2023
COVID-19 Recovery (Fast-track Consenting) Referred Projects (Upland Road Retirement Village) Amendment Order 2023: revoked, on 8 July 2023, by Schedule 1 clause 1(1) of the COVID-19 Recovery (Fast-track Consenting) Act 2020 (2020 No 35).
Version as at 8 July 2023
COVID-19 Recovery (Fast-track Consenting) Referred Projects (Upland Road Retirement Village) Amendment Order 2023
(SL 2023/59)
COVID-19 Recovery (Fast-track Consenting) Referred Projects (Upland Road Retirement Village) Amendment Order 2023: revoked, on 8 July 2023, by Schedule 1 clause 1(1) of the COVID-19 Recovery (Fast-track Consenting) Act 2020 (2020 No 35).
Rt Hon Dame Helen Winkelmann, Administrator of the Government
Order in Council
At Wellington this 1st day of May 2023
Present:
Her Excellency the Administrator of the Government in Council
Note
The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.
Note 4 at the end of this version provides a list of the amendments included in it.
This order is administered by the Ministry for the Environment.
This order is made under section 27 of the COVID-19 Recovery (Fast-track Consenting) Act 2020 on the advice and with the consent of the Executive Council and on the recommendation of the Minister for the Environment.
Order
1 Title
This order is the COVID-19 Recovery (Fast-track Consenting) Referred Projects (Upland Road Retirement Village) Amendment Order 2023.
2 Commencement
This order comes into force on 5 May 2023.
3 Principal order
This order amends the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020.
4 New Schedule 70 inserted
After Schedule 69, insert the Schedule 70 set out in the Schedule of this order.
Schedule New Schedule 70 inserted
Schedule Upload Road Retirement Village
cl 5
Project referred to expert consenting panel
1 Name of project
The name of the project is the Upland Road Retirement Village (the project).
2 Authorised persons
The authorised persons for the project are HND Upland Limited and St Andrew’s Village Trust (Incorporated).
3 Description of project
The scope of the project is to do the following on approximately 3.2 hectares of land at 17 Upland Road, Remuera, Auckland:
(a)
construct and operate a retirement village, comprising approximately 11 buildings (each up to 17 metres high) that contain—
(i)
approximately 185 independent living units in total; and
(ii)
approximately 58 aged care beds in total; and
(iii)
ancillary facilities, including underground car parking, lounge and dining areas, activity rooms, a health and wellness centre, a cinema, and a gymnasium:
(b)
develop land for private open space associated with the retirement village:
(c)
construct or install infrastructure or structures associated with the retirement village.
4 Description of activities involved in project
The project may involve the following activities:
(a)
clearing the land, including by—
(i)
removing vegetation; and
(ii)
demolishing infrastructure and structures:
(b)
carrying out earthworks (including disturbing potentially contaminated soil):
(c)
discharging stormwater (which may contain contaminants) onto land:
(d)
constructing and operating a retirement village (including its ancillary facilities):
(e)
constructing or installing infrastructure or structures, including—
(i)
private accessways for vehicles; and
(ii)
loading and parking areas; and
(iii)
infrastructure for three waters services:
(f)
landscaping and planting, including for private open space:
(g)
carrying out any other activities that are—
(i)
associated with the activities described in paragraphs (a) to (f); and
(ii)
within the scope of the project as described in clause 3 of this schedule.
5 Approximate geographical location
The project will occur at 17 Upland Road, Remuera, Auckland.
6 Additional persons who must be invited to comment on project
An expert consenting panel must invite comments on any consent application relating to the project from the following persons (in addition to the persons listed in clause 17(6) of Schedule 6 of the Act):
(a)
Health New Zealand:
(b)
the Ngāti Koheriki Claims Committee:
(c)
the trustees, in their capacity as trustees, of Ngā Maunga Whakahii o Kaipara Development Trust:
(d)
the trustees, in their capacity as trustees, of Te Ahiwaru Trust (previously named Makaurau Marae Māori Trust):
(e)
the Hauraki Māori Trust Board.
7 No further provision required
No further provision is necessary to give effect to decisions made by the Minister under section 24 of the Act in respect of the project.
Statement of reasons
This statement of reasons is published for the purposes of clause 4 of Schedule 3 of the Act
The Minister for the Environment (the Minister) has accepted this application for referral. The Minister considered the application against the criteria in the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the Act) and the Act’s purpose, and sought and considered written comments from the following:
the relevant Ministers listed in section 21(6) of the Act:
the Minister for Seniors:
Auckland Council:
Health New Zealand.
The Minister has accepted this application for the following reasons:
the project will help to achieve the purpose of the Act because—
it has the potential to generate approximately 3,580 full-time equivalent jobs (FTE jobs) over a construction period of approximately 6 years and approximately 98 ongoing FTE jobs through the ongoing operation of the retirement village; and
it has the potential to increase housing supply through the construction of approximately 185 independent units (of a range of types) and approximately 58 aged care beds; and
it is likely to progress faster than would otherwise be the case under the Resource Management Act 1991 standard processes:
any actual and potential effects on the environment, and proposed measures to avoid, remedy, mitigate, offset, or compensate for any adverse effects, can be appropriately tested by an expert consenting panel against Part 2 of the Resource Management Act 1991 and the purpose of the Act.
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, which comes into force on 5 May 2023, amends the COVID-19 Recovery (Fast-track Consenting) Referred Projects Order 2020. The effect of the amendment is to refer a project to an expert consenting panel for the purpose of the COVID-19 Recovery (Fast-track Consenting) Act 2020 (the Act). The referred project is the project named and described in new Schedule 70.
The effect of the referral is to authorise HND Upland Limited and St Andrew’s Village Trust (Incorporated) to apply under the Act, instead of under the Resource Management Act 1991, for resource consents relating to the project described in new Schedule 70.
Date of notification in Gazette: 4 May 2023.
Notes
1 General
This is a consolidation of the COVID-19 Recovery (Fast-track Consenting) Referred Projects (Upland Road Retirement Village) Amendment Order 2023 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.
2 Legal status
A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.
Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes
The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation
COVID-19 Recovery (Fast-track Consenting) Act 2020 (2020 No 35): Schedule 1 clause 1(1)