The Local Government (North Shore City Council) Reorganisation Order 1998 MICHAEL HARDIE BOYS, Governor-General ORDER IN COUNCIL At Wellington this 2nd day of March 1998 Present: His Excellency the Governor-General in Council Pursuant to section 37zzzj of the Local Government Act 1974, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order. O r d e r 1. Commencement (1) This order may be cited as the Local Government (North Shore City Council) Reorganisation Order 1998. (2) Except as provided in subclause (3) of this clause, this order shall come into force 28 days after the day on which this order is published in the New Zealand Gazette. (3) Clauses 3 to 7 of this order, so far as is necessary to provide for the triennial general election to be held on 10 October 1998, shall come into force 28 days after the day on which this order is published in the New Zealand Gazette, but otherwise shall come into force on the said 10 October 1998. 2. Interpretation In this order, unless the context otherwise requires, ``Act'' means the Local Government Act 1974: ``Board'' means a community board within a community established within the district pursuant to Part IVB of the Act: ``Council'' means the North Shore City Council: ``District'' means the district of North Shore City. 3. Wards (1) For the purposes of the triennial general election of the council to be held on 10 October 1998, the district shall be divided into 3 wards. (2) Those 3 wards shall be: (a) The Northern Ward, comprising the area described in Part I of the First Schedule to this order; (b) The Central Ward, comprising the area described in Part II of the First Schedule to this order; and (c) The Harbour Ward, comprising the area of the former Birkenhead-Northcote Ward as delineated on S.O. Plan No. 63518 and the former Glenfield Ward as delineated on S.O. Plan No. 63521. 4. Membership (1) The council shall consist of a mayor, to be elected by the electors of the district, and 15 members, who shall be elected as follows, (a) Five members, who shall be elected by the electors of the Northern Ward; and (b) Five members, who shall be elected by the electors of the Central Ward; and (c) Five members, who shall be elected by the electors of the Harbour Ward. (2) Notwithstanding section 101h of the Act, the council shall not determine its membership and the basis of the election of its members prior to the triennial general election to be held on 10 October 1998. 5. Communities (1) Each Community presently existing within the district shall be abolished. (2) There shall be constituted the following communities (a) A community to be known as ``the East Coast Bays Community'' comprising the area described in Part I of the Second Schedule to this order; and (b) A community to be known as ``the Albany Community'' comprising the area described in Part II of the Second Schedule to this order; and (c) A community to be known as ``the Takapuna Community'' comprising the area described in Part III of the Second Schedule to this order; and (d) A community to be known as ``the Devonport Community'' comprising the area of the former Devonport Ward delineated on S.O. Plan No. 63522; and (e) A community to be known as ``the Birkenhead-Northcote Community'' comprising the area of the former Birkenhead-Northcote Ward delineated on S.O. Plan No. 63518; and (f) A community to be known as ``the Glenfield Community'' comprising the area of the former Glenfield Ward delineated on S.O. Plan No. 63521. 6. Membership of community boards The board for each community constituted by clause 5 (2) of this order shall consist of, (a) four members elected by the electors of the community; and (b) two appointed members within the meaning of section 101zq of the Act. 7. Powers of community boards Each board constituted by clause 5 (2) of this order, until 13 October 2001, and with respect solely to the area of its own community (a) shall have such functions, powers and duties as may from time to time be delegated to that board by the council; and (b) in respect of the Resource Management Act 1991 (i) may report to the council on any matter of interest or concern to its community; and (ii) shall report to the council on any matter on which the council has sought the views of the board, provided that no board may hear, consider or determine any application for any consent to which sections 93 or 94 of that Act apply. 8. Powers of existing community boards (1) Each board presently existing within the district, until 10 October 1998, and with respect solely to the area of its own community (a) shall have such functions, powers and duties as may from time to time be delegated to that board by the council; and (b) in respect of the Resource Management Act 1991 (i) may report to the council on any matter of interest or concern; and (ii) shall report to the council on any matter on which the council has sought the views of the board, provided that no board may hear, consider or determine any application for any consent to which sections 93 or 94 of that Act apply. (2) Notwithstanding the proviso to subclause (1) (b) of this clause, where any board has commenced hearing any application to which that proviso applies before the commencement of this clause, and that board has not finished hearing, considering or determining that application by the date of the commencement of this clause it shall continue to have the power to deal with that application. 9. Revocation The Local Government (North Shore City Council) Reorganisation Order 1997* is hereby revoked. First Schedule Wards Part I Northern Ward All that area comprising Firstly, that area bounded by a line commencing at the intersection of East Coast Road and Kowhai Road and proceeding from that point generally north-easterly along the middle line of Kowhai Road to the intersection of that road with Beach Road, then generally south-easterly along the middle line of that road to a point at a right line from the southernmost corner of Lot 2, D.P. 56066, then continuing along that right line and the south-eastern boundaries of that lot and Lot 1, D.P. 56066 and the production of that line to the middle line of Whitby Crescent, then continuing generally easterly along the middle line of Whitby Crescent and the production of that line to the mean high water mark, then following the boundary of the former East Coast Bays Ward as delineated on S.O. Plan No. 63519 in a generally northerly, westerly and southerly direction to the point of commencement; and Secondly, the area of the former Albany Ward as delineated on S.O. Plan No. 64836. Part II Central Ward All that area comprising Firstly, that area bounded by a line commencing at the intersection of East Coast Road and Kowhai Road and proceeding from that point generally north-easterly along the middle line of Kowhai Road to the intersection of that road with Beach Road, then generally south-easterly along the middle line of that road to a point at a right line from the southernmost corner of Lot 2, D.P. 56066, then continuing along that right line and the south-eastern boundaries of that lot and Lot 1, D.P. 56066 and the production of that line to the middle line of Whitby Crescent, then continuing generally easterly along the middle line of Whitby Crescent and the production of that line to the mean high water mark, then following the mean high water mark in a generally southerly direction to a point where it meets the boundary of the former Takapuna Ward as delineated on S.O. Plan No. 63520, then following the northern boundary of that ward to the point of commencement; Secondly, the area of the former Takapuna Ward as delineated on S.O. Plan No. 63520; and Thirdly, the area of the former Devonport Ward as delineated on S.O. Plan No. S.O. Plan No. 63522. Second Schedule Communities Part I East Coast Bays Community All that area comprising Firstly, that area bounded by a line commencing at the intersection of East Coast Road and Kowhai Road and proceeding from that point generally north-easterly along the middle line of Kowhai Road to the intersection of that road with Beach Road, then generally south-easterly along the middle line of that road to a point at a right line from the southernmost corner of Lot 2, D.P. 56066, then continuing along that right line and the south-eastern boundaries of that lot and Lot 1, D.P. 56066 and the production of that line to the middle line of Whitby Crescent, then continuing generally easterly along the middle line of Whitby Crescent and the production of that line to the mean high water mark, then following the boundary of the former East Coast Bays Ward as delineated on S.O. Plan No. 63519 in a generally northerly, westerly and southerly direction to the point of commencement; and Secondly, that area bounded by a line commencing at the northernmost corner of part Allotment 442, Parish of Paremoremo, then proceeding generally south-westerly and south-easterly along the boundary of the said Allotment 442 to the north-eastern boundary of Allotment NW197, Parish of Paremoremo, then proceeding generally south-westerly, south-easterly and north-easterly along the boundary of the said Allotment NW197 to the westernmost corner of Lot 2, D.P. 175594, then proceeding generally south-easterly along the south-western boundary of the said Lot 2, and of Lot 1, D.P. 41863, and the production of that line to the middle line of East Coast Road, then continuing generally northerly and north-westerly along the middle line of East Coast Road to a point at a right line from the northernmost corner of part Allotment 442, Parish of Paremoremo, then following that right line to the point of commencement. Part II Albany Community All that area bounded by a line commencing at the northernmost corner of part Allotment 442, Parish of Paremoremo, then proceeding generally south-westerly and south-easterly along the boundary of the said Allotment 442 to the north-eastern boundary of Allotment NW197, Parish of Paremoremo, then proceeding generally south-westerly, south-easterly and north-easterly along the boundary of the said Allotment NW197 to the westernmost corner of Lot 2, D.P. 175594, then proceeding generally south-easterly along the south-western boundary of the said Lot 2, and of Lot 1, D.P. 41863, and the production of that line to the middle line of East Coast Road, where it meets the boundary of the former Albany Ward as described on S.O. Plan No. 64836, then following the boundary of the former Albany Ward in a generally westerly, northerly, easterly and southerly direction to a point at a right line from the northernmost corner of part Allotment 442, Parish of Paremoremo, then following that right line to the point of commencement. Part II Takapuna Community All that area firstly and secondly described in Part II of the First Schedule to this order. * New Zealand Gazette, 1997, page 3781. MARIE SHROFF, Clerk of the Executive Council.