Temporary accommodation

The severe weather events in early 2023 left a significant number of people displaced from their homes. Many homes across the affected regions have been demolished or will require significant repairs, which means that people need temporary homes.

This Order in Council makes it easier to provide temporary accommodation for anyone displaced from their homes because of the severe weather events. It reclassifies temporary accommodation that breaches certain district plan barriers as a permitted activity under the Resource Management Act 1991. The Order removes  barriers such as density standards and the number of dwelling units on a site, which would otherwise require a landowner to obtain a resource consent.

The district plan rules which can be breached as a permitted activity under this Order includes:

• Density standards (as defined in schedule 3A of the RMA)
• The number of dwelling units on a site
• The minimum floor level (the temporary accommodation must meet the minimum floor level set by the council for the purpose of managing flood risk)
• Where on the property or site the dwellings are located (setback requirements)
• New roads for vehicle access.

All other district plan rules, which manage the wider environmental impacts of development, will remain in place. For example, the rules protecting significant natural areas, natural hazards, and historic heritage will still apply to temporary accommodation permitted by the Order

The Order has effect retrospectively from 1 June 2023. This means it applies to temporary accommodation which was put in place after this date. It expires on 9 August 2026, after which point the temporary accommodation buildings will need to be removed, unless they are authorised by another mechanism under the Resource Management Act 1991 such as a resource consent.

Any resource consent application must be lodged before the close of 9 February 2026, otherwise the temporary accommodation must be removed by 9 August 2026.

The Order only applies to areas and zones where residential activity is already permitted.

The Order applies to the following districts:

• Hauraki
• Tararua
• Thames-Coromandel
• Waikato

 The Order applies to the following regions:

• Te Tai Tokerau (Northland)
• Tāmakimakaurau (Auckland)
• Tairāwhiti (Gisborne)
• Te Matau-a-Māui (Hawke’s Bay). 

Temporary accommodation must be treated as a permitted activity only if:

• it meets the requirements set out in the Order’s Schedule, and
• it complies with all other plan rules in any applicable district plan, except those specified in section 7 of the Order
• it complies with any other legal requirements, for example, the Building Act 2004. 

The Order’s Schedule contains a number of requirements to manage potential effects on the environment.

The requirements in the schedule must be complied with and these include:

• units must be setback at least 1 metre from any adjacent property boundary in urban zones, and 3 metres back from any adjacent property in rural zones. 
• the height of the temporary accommodation must not exceed the relevant height limit for buildings in the relevant District Plan.  A single storey building is usually fine.
• any new vehicle crossing must comply with any sight line requirements in the District Plan.  
• all accessways must comply with any width requirements for the number of units in the District Plan, however no new roads to serve the temporary units are required to be provided.  
• all accessways do not need to be permanently sealed but must not create a dust hazard.  
• If the local council has set a minimum floor level for temporary accommodation to manage flood risk, this must be met
  • Under the Order, councils may specify minimum floor levels that apply to this temporary accommodation, which must be complied with if specified.
  • The minimum floor level specified in the District Plan does not automatically apply.
• the owner of the land on which the temporary accommodation is sited must provide written notice to the relevant local council of the location of the temporary accommodation and the number of units on the site. They must also confirm that the accommodation: 
  • will only be used to provide housing for persons displaced by the severe weather events, 
  • meets the requirements set out in the Order and  
  • that temporary accommodation will be removed by 9 August 2026 (unless a resource consent is obtained).  

When the Order expires on 9 August 2026 the temporary accommodation buildings will need to be removed unless they are authorised by another mechanism such as a resource consent. Resource consent for the temporary accommodation building to remain will need to be applied for by 9 February 2026.

What types of building can be used for temporary accommodation

The Order does not specify what types of building can be used for temporary accommodation. However, it needs to be able to be removed or relocated by the time the Order expires on 9 August 2026, unless it becomes authorised by a resource consent.

The building will still need to comply with the Building Act 2004 and so a Building Consent may still be required. If the accommodation is rented it will need to comply with the Healthy Home Standards legislation.

Wastewater disposal

The Order in Council does not override regional council rules, so if the temporary accommodation cannot be connected to a reticulated sewage system and the relevant regional council requires resource consent for wastewater disposal to service the temporary accommodation then resource consent will be required for this.

It is worth discussing this with your regional council to see whether any temporary wastewater management solutions could be used in these circumstances, given the temporary nature of the accommodation.

The Order does not affect any other legal obligations such as:

• the Building Act 2004
• Reserves Act 1977
• any regional council rules
• National Environmental Standards under the Resource Management Act 1991. 

The Order does not establish existing use rights as:

• the temporary accommodation is required to either be removed once the Order expires on 9 August 2026
• or the landowner is required to apply for a resource consent. 

The Order does not override relevant national direction, including any obligations under national environmental standards or applicable regional rules.

Section 10 of the Order applies to any other legal obligations which includes any relevant National Policy Statements, such as National Policy Statement for Highly Productive Land (NPS-HPL). The reference to obligations under national environmental standards and applicable regional rules in section 10 does not limit section 10 and its applicability.

Temporary accommodation is being undertaken as a permitted activity under this Order. Because it is a permitted activity, there is no decision being made by Council and so the provisions of the NPS-HPL would not be relevant.