DAME SILVIA CARTWRIGHT, Governor?General
ORDER IN COUNCIL
At Wellington this 5th day of December 2005
Present:
THE HONOURABLE DR MICHAEL CULLEN
PRESIDING IN COUNCIL
Pursuant to section 25 of the Local Government Act 2002, Her Excellency the Governor?General, acting by and with the advice and 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 (Banks Peninsula District) Reorganisation Order 2005.
2. Commencement—(1) Except as provided in subclause (2) and clause 14 (2), this order comes into force on the
day after the day on which the electoral officer, pursuant
to the Local Electoral Act 2001, declares the results of
the first election of the members for the Banks Peninsula Ward, Lyttelton?Mount Herbert Community Board and Akaroa?Wairewa Community Board constituted by this order.
(2) The provisions of this order necessary to provide for
the first election of the members for the Banks Peninsula Ward, Lyttelton?Mount Herbert Community Board and Akaroa?Wairewa Community Board constituted by this order come into force on the day after the date on which
this order is made.
3. Constitutional Issues—(1) The district of Banks Peninsula District is abolished.
(2) The area of Banks Peninsula District is included in the area of Christchurch City.
(3) The Banks Peninsula District Council is dissolved.
(4) The existing Lyttelton?Mount Herbert Community and the existing Akaroa?Wairewa Community are abolished.
(5) The existing Lyttelton?Mount Herbert Community Board and the existing Akaroa?Wairewa Community Board are dissolved.
4. First Election for Banks Peninsula Ward, Lyttelton?Mount Herbert Community Board and Akaroa?Wairewa Community Board—(1) The first election for the Banks Peninsula Ward, Lyttelton?Mount Herbert Community Board and Akaroa?Wairewa Community Board is to be held on 25 February 2006.
(2) The electoral officer for the first election for the Banks Peninsula Ward, Lyttelton?Mount Herbert Community Board and Akaroa?Wairewa Community Board is to be
the electoral officer of the Christchurch City Council.
(3) The first election for the Banks Peninsula Ward, Lyttelton?Mount Herbert Community Board and Akaroa?Wairewa Community Board is to be conducted
by postal voting.
(4) The names of candidates for the first election for the Banks Peninsula Ward, Lyttelton?Mount Herbert Community Board and Akaroa?Wairewa Community Board are to be arranged in random order on the voting documents.
(5) Voting documents cast in the first election for the Banks Peninsula Ward, Lyttelton?Mount Herbert Community Board and Akaroa?Wairewa Community Board are to be processed during the voting period.
5. Banks Peninsula Ward—(1) The area of the former district of Banks Peninsula District (as defined on SO 18084, Canterbury Land District) forms the Banks Peninsula Ward of Christchurch City.
(2) The boundaries of the Banks Peninsula Ward must not be altered for a period of three years.
6. Representation of the Banks Peninsula Ward—
(1) One member of the Christchurch City Council is to be elected from the Banks Peninsula Ward at its first election.
(2) The representation of the Banks Peninsula Ward must not be altered for a period of three years.
7. Lyttelton?Mount Herbert Community—(1) There is constituted a community for the area of the former Lyttelton?Mount Herbert Community (as defined on SO 18065, Canterbury Land District) to be known as
“the Lyttelton?Mount Herbert Community”.
(2) The community board for the Lyttelton?Mount Herbert Community comprises:
(a) five members elected by the electors of the Lyttelton?Mount Herbert Community; and
(b) the person elected, from time to time, as a member of the Christchurch City Council representing
the Banks Peninsula Ward and appointed to the community board by the council.
8. Akaroa?Wairewa Community—(1) There is constituted a community for the area of the former Akaroa?Wairewa Community to be known as “the Akaroa?Wairewa Community”.
(2) The area comprising the Akaroa?Wairewa Community constituted by subclause (1) is defined on SO 362973, deposited with Land Information New Zealand.
(3) The Akaroa?Wairewa Community is divided into two subdivisions for electoral purposes, and those subdivisions are:
(a) the Akaroa Subdivision, comprising the area of the former Akaroa Ward of Banks Peninsula District
(as defined on SO Plan 18087, Canterbury Land District); and
(b) the Wairewa Subdivision, comprising the area of the former Wairewa Ward of Banks Peninsula District (as defined on SO Plan 18086, Canterbury Land District).
(4) The community board for the Akaroa?Wairewa Community comprises:
(a) three members elected by the electors of the Akaroa Subdivision;
(b) two members elected by the electors of the Wairewa Subdivision; and
(c) the person elected, from time to time, as a member of the Christchurch City Council representing
the Banks Peninsula Ward and appointed to the community board by the council.
9. Powers of Community Boards—(1) The Lyttelton?
Mount Herbert Community Board and the Akaroa?Wairewa Community Board each have the same delegated powers as are conferred on the existing Christchurch City community boards as at the date this order comes into effect, subject to the following variations:
(a) Each board has power to recommend to the Christchurch City Council proposed expenditure from its reserves contributions account; and
(b) each board has absolute discretion over the use of the discretionary funding allocation of $15,000.00 (G.S.T. exclusive) in each financial year (subject
to being consistent with any policies or standards adopted by the council).
(2) The powers conferred on the Lyttelton?Mount Herbert Community Board and the Akaroa?Wairewa Community Board by this clause may not be altered for a period of
three years.
(3) Nothing in this order prevents the Christchurch
City Council from conferring further responsibilities on
the Lyttelton?Mount Herbert Community Board and the Akaroa?Wairewa Community Board.
10. Rating—The system of rating in the Banks Peninsula Ward is the capital value system.
11. Service Delivery in the Banks Peninsula Ward—
(1) The existing services to the public, provided by the Banks Peninsula District Council in Lyttelton, Little River and Akaroa immediately prior to this order coming into
effect, must continue to be provided in those locations for
a period of not less than five years from the date that this order comes into effect.
(2) Nothing in this order prevents the Christchurch City Council from offering additional public services in the Banks Peninsula Ward during the five?year period prescribed in subclause (1) of this clause.
12. Resource Management Act 1991—(1) In accordance with section 81 of the Resource Management Act 1991,
the district plan and the proposed district plan under the Resource Management Act 1991 of the Banks Peninsula District Council shall be the district plan, or as the case
may be, the proposed district plan of the Banks Peninsula Ward of the Christchurch City Council.
(2) Any other matters, including proceedings before, or initiated by, the Banks Peninsula District Council under
the Resource Management Act 1991, have effect as matters before, or initiated by, the Christchurch City Council.
13. Long?Term Council Community Plan—The Long?
Term Council Community Plan prepared under the Local Government Act 2002 by the Banks Peninsula District Council continues in force in respect of the Banks
Peninsula Ward of Christchurch City, until such time as the Christchurch City Council amends its existing Long?Term Council Community Plan to provide for the Banks Peninsula Ward.
14. Building Act 2004—(1) If the Banks Peninsula
District Council has initiated a proposal to adopt a policy
on dangerous, earthquake?prone, and insanitary buildings, under section 131 of the Building Act 2004, and that policy has not been adopted by the date of the commencement of this order:
(a) the Christchurch City Council shall consider any submissions made on that proposal as if they
were submissions made on its own proposal made under section 131; and
(b) the Christchurch City Council shall not be required to complete the proposal initiated by the Banks Peninsula District Council.
(2) This clause comes into force on 1 March 2006.
15. Transitional Matters—Clause 67 of Schedule 3 of the Local Government Act 2002 applies in respect of this order.
16. Canterbury Museum Trust Board—The functions exercised by local authorities, under paragraph (c) of
section 5 (2) of the Canterbury Museum Trust Board Act 1993, are to be exercised as if, for that paragraph were substituted the following paragraph:
“(c) One member appointed by the Selwyn District Council:”.
17. Summit Road Protection Authority—The functions exercised by local authorities, under paragraphs (a) to (c) of section 7 (1) of the Summit Road (Canterbury) Protection Act 2001, are to be exercised as if, for those paragraphs were substituted the following paragraphs:
“(a) 2 members appointed by the Christchurch City Council; and
(b) 1 member appointed by the Selwyn District Council.”
DIANE MORCOM, Clerk of the Executive Council.