(1)  The Minister must not, in a housing land supply order, declare an area of land to be housing supply land unless –

(a) the area of land is government land; and

(b) the area of land was government land on the commencement day; and

(c) the area of government land is not –

(i) reserved land under the Nature Conservation Act 2002 ; or

(ii) managed under the National Parks and Reserves Management Act 2002 ; or

(iii) managed under the Wellington Park Act 1993 ; and

(d) the area of government land is not –

(i) permanent timber production zone land, within the meaning of the Forest Management Act 2013 ; or

(ii) future potential production forest land, within the meaning of the Forestry (Rebuilding the Forest Industry) Act 2014 ; and

(e) not more than 5 years have elapsed since the commencement day.

(2)  The Minister must not, in a housing land supply order, declare an area of land to be housing supply land unless he or she is satisfied that –

(a) there is a need for land to be made available for the purposes of the Homes Act 1935 ; and

(b) the area of land is suitable for use for residential purposes by virtue of its proximity to public and commercial services, public transport and places that may provide opportunities for employment.

(3)  The Minister must not, in a housing land supply order, declare to be housing supply land an area of land that is Crown land, without the consent of –

(a) the Minister administering the Crown Lands Act 1976 ; and

(b) if there is a Portfolio Department, within the meaning of the Crown Lands Act 1976 , in relation to the area of land – the Secretary of the Portfolio Department.

(4)  The Minister must not, in a housing land supply order, declare to be housing supply land an area of land that is Homes Act land, without the consent of the Director of Housing.