ANAND SATYANAND, Governor-General
ORDER IN COUNCIL
At Wellington this 15th day of December 2008
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL
Pursuant to section 25 of the Local Government Act 2002, His 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 (Western Bay of Plenty District and Tauranga City) Boundary Alteration Order 2008.
2. Commencement—This order comes into force on 1 January 2009.
3. Interpretation—In this order, unless the context otherwise requires:
“affected area” means the area described on SO 414822, deposited with Land Information New Zealand.
4. Boundary alteration—The boundary between Western Bay of Plenty District and Tauranga City is altered by excluding the affected area from Western Bay of Plenty District and including it in Tauranga City.
5. Wards—The affected area is excluded from the Kaimai Ward of Western Bay of Plenty District and included in the
Te Papa-Welcome Bay Ward of Tauranga City.
6. Resource Management Act 1991—(1) In accordance with section 81 of the Resource Management Act 1991, the operative district plan and proposed district plan prepared by the Western Bay of Plenty District Council as they relate to the affected area shall continue to apply as the operative district plan and proposed district plan in respect of the affected area until such time as the Tauranga City Council adopts an operative district plan or notifies a proposed plan to provide for the affected area.
(2) Any other matters under the Resource Management Act 1991 in respect of the affected area, including proceedings before, or initiated by or against, the Western Bay of Plenty District Council shall have effect as matters before, or initiated by or against, the Tauranga City Council.
7. Long-term council community plan and annual plan—The following provisions of the Western Bay of Plenty District Council’s long-term council community plan and annual plan prepared under the Local Government Act 2002 shall continue in force in respect of the affected area until such time as the Tauranga City Council amends or adopts a long-term council community plan and annual plan to provide for the affected area, and the Tauranga City Council may act in respect of the affected area in reliance on these provisions of these plans as if they form part of the Tauranga City Council’s long-term council community plan and annual plan:
(a) that no capital works are planned for the affected area;
(b) that the “PBC-01 Kennedy Road” seal extension has been cancelled;
(c) that there will be ongoing maintenance requirements for Belk, Wintrebre, Kennedy and Gargan roads; and
(d) any development contributions policy adopted by the Western Bay of Plenty District Council and applying to the affected area.
8. Functions and responsibilities—(1) The Tauranga City Council has, and may exercise, and is responsible for, in respect of the affected area:
(a) all the powers, duties, acts of authority, and responsibilities that were previously exercised by the Western Bay of Plenty District Council, or that would have been 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 Western Bay of Plenty District Council, or that would have been its responsibility if it had remained in control of the affected area; and
(c) all the actions, suits, and proceedings pending by or against the Western Bay of Plenty District Council, or that would have been its responsibility if it had remained in control of the affected area.
(2) The responsibilities, duties, and powers of the Mayor and Chief Executive Officer of the Western Bay of Plenty District Council in respect of the affected area must be exercised by the Mayor and Chief Executive Officer of the Tauranga City Council.
9. Rates, levies and other money payable—(1) All rates, levies and other money payable, set and assessed, or owing to the Western Bay of Plenty District Council in respect of the affected area prior to order taking affect shall continue to be payable to the Western Bay of Plenty District Council.
(2) All rates, levies and other money payable to the Western Bay of Plenty District Council under subclause (1) received by that council on or after 1 January 2009 shall be paid by the Western Bay of Plenty District Council to the Tauranga City Council as soon as practicable after receipt.
(3) The Tauranga City Council and the Western Bay of Plenty District Council shall enter into an agreement for the delivery of services within the affected area over a transitional period to be specified in that said agreement, and shall also specify appropriate levels of funding for those services.
10. Bylaws—(1) The bylaws of the Tauranga City Council apply to the affected area.
(2) The bylaws of the Western Bay of Plenty District Council cease to apply to the affected area.
11. Assets and liabilities—(1) The Tauranga City Council and the Western Bay of Plenty District Council shall enter into an agreement for the apportionment of assets, liabilities and in accordance with clause 69 of Schedule 3 of the Local Government Act 2002.
(2) Wheras part of Belk Road and unformed parts of Keenan Road become boundary roads, the agreement required by subclause (1) must provide for the amendment of the current maintenance agreement for boundary roads between the Western Bay of Plenty District Council and the Tauranga City Council to take account of the alteration of boundaries made by this order.
12. Provisions that apply to all reorganisation schemes—Except as provided for in this order, clause 67 of Schedule 3 of the Local Government Act 2002 applies in respect of this order.
REBECCA KITTERIDGE, Clerk of the Executive Council.