DAME SIAN ELIAS, Administrator of the Government
ORDER IN COUNCIL
At Wellington this 15th day of December 2003.
Present:
HER EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT PRESIDING IN COUNCIL
Pursuant to section 37ZZZJ of the Local Government Act 1974, Her Excellency the Administrator of the Government, acting on the advice and with the consent of the Executive Council, makes the following order.
O r d e r
1. Title-This order may be cited as the Local Government (Waipa District and Hamilton City) Boundary Alteration Order 2003.
2. Commencement-Subject to clause 19, this order comes into force on 1 July 2004.
3. Interpretation-In this order, unless the context otherwise requires:
"affected area" means the area described on S.O. Plan 323152.
4. Boundary alteration-The boundaries of Waipa District and Hamilton City are altered by excluding the affected area from Waipa District and including it in Hamilton City.
5. Representation-(1) The affected area is excluded from the Pirongia Ward of Waipa District and is included in the West Ward of Hamilton City.
(2) The affected area is excluded from the Waipa Constituency of the Waikato Region and included in the Hamilton Constituency.
6. Rating-The system of rating in the affected area shall be the same as that in force in Hamilton City.
7. Civil defence-The operative local and regional civil defence plans applying to the affected area continue in force until the first civil defence emergency management group plan becomes operative in accordance with the Civil Defence Emergency Management Act 2002.
8. Bylaws-(1) The bylaws of the Hamilton City Council shall apply to the affected area.
(2) The bylaws of the Waipa District Council cease to apply to the affected area.
9. Transfer of responsibilities-The Hamilton City Council, in respect of the affected area, shall have, and may exercise, and shall be responsible for:
(a) all powers, duties, acts of authority and functions which were previously exercised by the Waipa District Council or would have been so exercised by it if it had remained in control of the affected area;
(b) all the liabilities, obligations, engagements and contracts that were previously the responsibility of the Waipa District Council, or that would have been its responsibility if it had remained in control of the affected area; and
(c) all actions, suits and proceedings pending by or against the Waipa District Council, or that would have been its responsibility if it had remained in the control of the affected area.
10. Vesting of property-All property, real and personal, in the affected area vested in the Waipa District Council is vested in the Hamilton City Council, subject to all existing encumbrances.
11. Title to property-Any reference, express or implied to the Waipa District Council relating to the affected area, in any instrument or other document, or in any entry or record, made in any register in relation to property vested in the Hamilton City Council by clause 10 of this scheme, shall, unless the context otherwise requires, be read as a reference to the Hamilton City Council.
12. Assets and liabilities-(1) The apportionment of assets and liabilities of the Waipa District Council relating to the affected area shall be determined by agreement between
the Waipa District Council and the Hamilton City Council.
(2) If the Waipa District Council and the Hamilton City Council cannot reach agreement on the apportionment of assets and liabilities, then it shall be determined by the Local Government Commission pursuant to clauses 28 to 31 of Part III of Schedule 3B of the Local Government Act 1974.
13. Loans-Subject to section 37ZZZN and clause 41 of Schedule 3B of the Local Government Act 1974, any rate made and levied to meet the annual charges in respect of any loan secured over the affected area shall continue to be made and levied on the same basis as applied before the commencement of this order.
14. Creditors-The rights or interests of creditors of the Waipa District Council are not affected by this order.
15. Loan liabilities-Any loan liabilities relating to the affected area shall be apportioned according to Part III of Schedule 3B of the Local Government Act 1974.
16. Special funds-Any special funds transferred to the Hamilton City Council following the apportionment of assets and liabilities under clause 12 of this order shall:
(a) be expended only for the purpose for which they were set aside; and
(b) after provision has been made for all liabilities, be expended for the benefit of the affected area.
17. Petroleum tax revenue-Clause 59 of Schedule 3B
to the Local Government Act 1974 applies to the apportionment of petroleum tax revenue.
18. Resource management-(1) Where the Waipa District Council had, prior to the affected area becoming part of Hamilton City, begun a review of its district plan or publicly notified but not adopted any change to that plan, or
publicly notified but not adopted a variation to its proposed district plan, then, subject to any resolution of the Hamilton City Council to the contrary, all such acts, to the extent that they affect the affected area, are deemed to have been done by the Hamilton City Council and may be adopted and acted upon by that council.
(2) Where, before the date of commencement of this clause and in relation to the affected area, any application for a resource consent or any requirement for a designation or
a heritage order had been made to Waipa District Council by any person pursuant to any provision of the Resource Management Act 1991, the following apply:
(a) Where no hearing by the Waipa District Council or any committee of the council has begun on any such application or requirement, the application or requirement is deemed to have been made to the Hamilton City Council and shall be dealt with by that council accordingly.
(b) Where such an application or requirement has been either partly or fully heard or considered by
the Waipa District Council but no decision or recommendation thereon has been given, the application shall be heard or considered again by
the Hamilton City Council or, as the case may require, a committee or delegate of that council.
(c) Where such an application had been heard or otherwise disposed of by the Waipa District Council and either the time for any appeal against such decision has not expired or notice of appeal has been given, any such appeal is deemed to be against the Hamilton City Council.
(3) For the avoidance of doubt, it is declared that any declaration of the Environment Court, pursuant to section 313 of the Resource Management Act 1991, relating to the affected area that was made before the commencement of this clause and that affects any functions, duties or powers of the Waipa District Council in relation to the affected area applies to the Hamilton City Council.
19. Transitional provisions-(1) For the purposes of:
(a) the review of representation arrangements under Part 1A of the Local Electoral Act 2001;
(b) the making of any Order in Council under section 19 (3) of the New Zealand Public Health and Disability Act 2000 altering the constituencies of the Waikato District Health Board, and any review or process relating to the making of such an Order in Council;
(c) the making of arrangements necessary for the conduct of the triennial general elections of local authorities to be held in 2004;
(d) the preparation of annual plans under section 95 of the Local Government Act 2002 for the year beginning on 1 July 2004;
(e) the preparation of long-term council community plans under section 93 of the Local Government Act 2002 for the period beginning on 1 July 2004; and
(f) the setting of rates under the Local Government (Rating) Act for the financial year beginning on
1 July 2004,
this order comes into force on the day after the day of its publication in the New Zealand Gazette.
(2) For the purpose of setting rates for the financial year beginning on 1 July 2004, information on the district valuation roll of the Waipa District Council relating to the affected area is deemed to be:
(a) included on the district valuation roll of the Hamilton City Council; and
(b) not included on the district valuation roll of the Waipa District Council.
(3) Subclause (2) comes into force on the day after the day of the publication of this order in the New Zealand Gazette.
20. Schedule 3B of the Local Government Act 1974-Except as otherwise provided for in this order, the provisions of Schedule 3B of the Local Government Act 1974 apply in respect of this order.
DIANE MORCOM, Clerk of the Executive Council.