Establishing temporary accommodation
Temporary accommodation will help people unable to live in their homes to stay in their local communities while waiting for new homes to be built or repairs to be made.
The temporary accommodation changes would apply for the next 3 years, providing certainty for those who have been displaced. Other requirements in relevant legislation will still need to be complied with, and the accommodation will have to be removed when the short-term law change expires.
A short-term law change permits temporary accommodation, through the Order in Council under the Severe Weather Emergency Recovery Legislation Act (SWERLA).
Cyclone Gabrielle and severe weather events of early 2023 left homes throughout Tairāwhiti requiring significant repairs or they need to be demolished, which means that people need temporary accommodation.
The Order in Council enables temporary accommodation for anyone in Tairāwhiti displaced from their homes because of severe weather. It ensures that people who have been displaced do not require a resource consent approval to have temporary housing on their property if it exceeds the current District Plan minimum density rules.
*Note all other Regional Plan rules, National Environmental Standards, and National Policy Statements still apply.
You also need to check with our Building Consent team as to your building consent requirements.
The Order defines temporary accommodation as:
Temporary accommodation means accommodation that is provided for persons displaced from their normal place of residence because of:
- damage to, or destruction of, land or structures caused directly or indirectly by a severe weather event
- repair or reconstruction of structures in response to a severe weather event
- land remediation works in response to a severe weather event
- risk of damage to land or structures, or of injury to inhabitants or to passers-by, including risk arising because of the state of adjacent structures as a result of a severe weather event, and
is able to be removed or relocated at the expiry of this order.
If your temporary accommodation meets the definition above and can comply with Requirements 1-7 in the Schedule below, a written notice is required to be provided (prior to the relocation of the temporary housing) detailing the information prescribed in 8 Notice to Local Authority below.
1. Temporary accommodation must be set back from boundary
Temporary accommodation must be set back from any boundary with an adjacent property,—
(A) for temporary accommodation on urban zoned land, at least 1 metre from the boundary; or
(b) for temporary accommodation on rurally zoned land, at least 3 metres from the boundary.
2. Temporary accommodation must not exceed height restrictions
The maximum height of temporary accommodation must not exceed the relevant height limit for buildings in any applicable district plan.
3. Temporary accommodation must meet floor level requirements
Temporary accommodation must meet any requirement for a minimum floor level set by the relevant consent authority under clause 4 of this schedule.
4. Consent authority may set minimum floor level
(1) A consent authority for an affected location may, in writing, set a minimum floor level for temporary accommodation in that area.
(2) The minimum floor level must be set for the purpose of managing flood risk.
(3) The minimum floor level may override minimum floor level requirements in the applicable district plan.
(4) A consent authority may set different minimum floor levels for different areas within its district or region.
5. Vehicle crossing must comply with sight line requirements
Any new vehicle crossing in relation to temporary accommodation must comply with any sight line requirements in any applicable district plan.
6. Vehicle accessway must comply with width requirements
Any vehicle accessway, in relation to temporary accommodation,—
(a) must comply with any width requirements contained in any applicable district plan for the number of buildings the accessway services; and
(b) is not required to be permanently sealed but must not create a dust hazard.
7. No new roads required
No new roads are required to be provided for vehicle access to temporary accommodation despite clause 6(a) and (b) of this schedule.
(1) The owner of land on which temporary accommodation is sited must provide written notice to the territorial authority of the area in which the land is located—
(a) stating the address where the accommodation is sited; and
(b) stating the number of residential units that comprise the temporary accommodation; and
(c) confirming that the purpose of the temporary accommodation is to provide housing for persons displaced from their normal place of residence because of 1 or more of the severe weather events; and
(d) confirming that the temporary accommodation meets the requirements set out in this order; and
(e) confirming that a resource consent will be applied for before the close of 9 February 2026 or the temporary accommodation will be removed before the close of 9 August 2026.
(2) The notice must be provided,—
(a) for temporary accommodation already sited on an affected location on 9 August 2023, before the close of 9 September 2023; or
(b) for temporary accommodation that is sited on an affected location after this order is made, before the siting of the accommodation.