Sir ANAND SATYANAND, Governor-General
ORDER IN COUNCIL
At Wellington this 15th day of March 2010
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL
PRESIDING IN COUNCIL
Pursuant to section 33(1) of the Local Government (Auckland Council) Act 2009, His Excellency the Governor-General, acting by and with the advice of
the Executive Council, makes the following order.
O r d e r
1. Title This determination is called the Local Government (Auckland Boundaries) Determination 2010.
2. Commencement (1) Subject to subclause (2), this determination comes into force on 1 November 2010.
(2) Clauses 13 and 14 and those other provisions of this determination necessary to provide for the election of
the members of any local authority affected by this determination at the 2010 triennial general elections, come into force on the day after the date on which the Order in Council implementing this determination is made.
3. Interpretation In this determination, unless the context requires another meaning:
Auckland and Auckland Council have the meanings set out in section 4 of the Local Government (Auckland Council) Act 2009.
Boundaries
4. Boundaries of Auckland The boundaries of Auckland are as defined on LGC-Ak-R1.
5. Boundaries of Waikato Region That part of Auckland Region not included in Auckland is included in Waikato Region.
6. Boundaries of Waikato District That part of Franklin District (other than the area referred to in clause 7) not included in Auckland is included in Waikato District.
7. Boundaries of Hauraki District That part of Franklin District described on LGC-HK-D1 is included in
Hauraki District.
Representation
8. Representation in Waikato Region (1) The boundaries of the North Waikato-Hauraki Constituency of Waikato Region are altered by:
(a) including the areas included in Waikato Region by clause 5;
(b) excluding the areas of Waikato Region included in Auckland.
(2) The North-Waikato Constituency continues to elect one member to the Waikato Regional Council.
9. Representation in Waikato District (1) Waikato District is divided into 11 wards.
(2) Those 11 wards are:
(a) the Awaroa ki Tuaka Ward, comprising the area defined on LGC-WK-D1;
(b) the Onewhero Ward, comprising the area defined on LGC-WK-D1;
(c) the Whangamarino Ward, comprising the area defined on LGC-WK-D1;
(d) the Whaingaroa Ward, comprising the area defined on LGC-WK-D1;
(e) the Hukanui-Waerenga Ward, comprising the area defined on LGC-WK-D1;
(f) the Huntly Ward, comprising the area defined on LGC-WK-D1;
(g) the Ngaruawahia Ward, comprising the area defined on LGC-WK-D1;
(h) the Raglan Ward, comprising the area defined on LGC-WK-D1;
(i) the Newcastle Ward, comprising the area defined on LGC-WK-D1;
(j) the Eureka Ward, comprising the area defined on LGC-WK-D1; and
(k) the Tamahere Ward, comprising the area defined on LGC-WK-D1.
(3) The Waikato District Council comprises the mayor and 14 members, elected as follows:
(a) Two members elected by the electors of the Awaroa ki Tuakau Ward;
(b) one member elected by the electors of the Onewhero Ward;
(c) one member elected by the electors of the Whangamarino Ward;
(d) one member elected by the electors of the Whaingaroa Ward;
(e) one member elected by the electors of the Hukanui-Waerenga Ward;
(f) two members elected by the electors of the Huntly Ward;
(g) two members elected by the electors of the Ngaruawahia Ward;
(h) one member elected by the electors of the Raglan Ward;
(i) one member elected by the electors of the Newcastle Ward;
(j) one member elected by the electors of the Eureka Ward; and
(k) one member elected by the electors of the Tamahere Ward.
10. Representation in Hauraki District (1) The area described on LGC-HK-D1 is included in the Plains Ward of Hauraki District.
(2) The Plains Ward of Hauraki District continues to elect four members to the Hauraki District Council.
Communities
11. Onewhero-Tuakau Community (1) The Onewhero-Tuakau Community continues in existence.
(2) That part of the Onewhero-Tuakau Community included in Auckland is excluded from that community.
(3) The community board for the Onewhero-Tuakau Community comprises:
(a) six members elected by the electors of the Onewhero-Tuakau Community;
(b) one member of the Waikato District Council representing the Awaroa ki Tuakau Ward and appointed to the community board by the Council; and
(c) one member of the Waikato District Council representing the Onewhero Ward and appointed to the community board by the Council.
12. Existing communities in Waikato District (1) The Huntly, Ngaruawahia, Raglan and Taupiri Communities remain in existence and comprise the areas determined by the Waikato District Council in its review of representation arrangements carried out in 2006.
(2) The community boards of Huntly, Ngaruawahia, Raglan and Taupiri Communities continue to comprise the number of members determined by the Waikato District Council in its review of representation arrangements carried out in 2006.
Elections
13. Powers of electoral officers The electoral officers for Hauraki District, Waikato District and Waikato Region shall conduct the 2010 triennial general elections and any polls being held in conjunction with those elections as if the areas included in Hauraki District, Waikato District and Waikato Region by this determination formed part of those districts and regions on the day after the date on which the Order in Council implementing this determination is made.
14. Election signs Notwithstanding clause 67(e) of Schedule 3 of the Local Government Act 2002, for the purposes of regulating election signs at the 2010 triennial general elections:
(a) Part 15 of the Franklin District Plan and clause
13 of the Franklin District Council Control of
Signs Bylaw 2007 cease to apply to those parts
of Franklin District included by this determination in Hauraki District or Waikato District;
(b) Rule 8.7.7.2 of the Hauraki District Plan applies to that part of Franklin District included in Hauraki District by this determination; and
(c) Chapters 21 to 26 of the Proposed Waikato District Plan as they relate to election signs and Chapters 26 to 28 of that plan as they relate to general signs apply to that part of Franklin District included in Waikato District by this determination.
Transitional Provisions
15. Transitional matters (1) Except as provided by subclause (2) and clauses 15 to 22 of this determination, clause 67 of Schedule 3 of the Local Government Act 2002 applies to this determination.
(2) Despite subclause (1), the provisions of clause 67 of Schedule 3 of the Local Government Act 2002 do not apply to the apportionment of assets and liabilities between the local authorities affected by this determination.
16. Apportionment of assets and liabilities The assets and liabilities of the local authorities affected by this determination are to be apportioned between those local authorities under the process contained in clause 69 of the Schedule 3 of the Local Government Act 2002.
17. Vesting of land and other property Notwithstanding clause 16 of this determination:
(a) the areas of land listed in Schedule are vested
in the Auckland Council; and
(b) any buildings, plant, fixtures or fittings owned by the Auckland Regional Council and normally located on or used in conjunction with the land listed in Schedule are vested in the Auckland Council.
18. Employment agreements For the avoidance of doubt, any reference to "contracts" in clause 67(a)(ii) of Schedule 3 of the Local Government Act 2002 is declared to include a reference to "employment agreements".
19. Resource Management Act 1991 (1) Any matter under the Resource Management Act 1991, including proceedings before or initiated by the Auckland Regional Council or Franklin District Council in respect of any area included by this determination in Waikato Region or Hauraki District or Waikato District, is to become the responsibility of the local authority assuming responsibility for that area.
(2) Any matter under the Resource Management Act 1991, including proceedings before or initiated by the Waikato Regional Council in respect of any area included by this determination in Auckland, is to become the responsibility of the Auckland Council.
20. Long-term council community plans (1) The
long-term council community plan prepared by the
Franklin District Council continues in force in respect of those areas of Franklin District included in Hauraki District and Waikato District by this determination until any amendment is made by the Hauraki District Council or the Waikato District Council to their long-term council community plan to reflect the inclusion of those areas in their districts.
(2) The long-term council community plan prepared by the Waikato Regional Council continues in force in respect of those areas of Waikato Region included in Auckland by this determination until a long-term council community plan is prepared by the Auckland Council that reflects the inclusion of those areas in Auckland.
21. Other plans (1) Any plan, policy, rule or strategy prepared by the Franklin District Council under any Act continues in force in respect of those areas of Franklin District included in Hauraki District and Waikato District by this determination until that plan, policy, rule or strategy expires or is revoked by the Hauraki District Council or the Waikato District Council.
(2) Any plan, policy, rule or strategy prepared by the Auckland Regional Council under any Act continues in force in respect of those areas of Auckland Region included in Waikato Region by this determination until that plan, policy, rule or strategy expires or is revoked by the Waikato Regional Council.
(3) Any plan, policy, rule or strategy prepared by the Waikato Regional Council under any Act continues in force in respect of those areas of Waikato Region included in Auckland by this determination until that plan, policy, rule or strategy expires or is revoked by the Auckland Council.
(4) This clause applies subject to any provision in any Act providing anything to the contrary.
22. Statutory warrants (1) This clause applies to warrants to which all the following apply:
(a) They relate to the enforcement of law;
(b) they were issued by the Franklin District Council to an employee of or contractor to that Council;
(c) they are in force at the close of 31 October 2010;
(d) an employee to whom a warrant was issued has become an employee of the Hauraki District Council or the Waikato District Council; and
(e) a contractor to which a warrant was issued has become a contractor to the Hauraki District Council or the Waikato District Council.
(2) On and from 1 November 2010 the warrants are deemed to have been issued by the Hauraki District Council or the Waikato District Council as the case may require.
(3) Each warrant remains in force until one of the following occurs:
(a) The employee or contractor to whom it was issued ceases to work for the Hauraki District Council or the Waikato District Council;
(b) the Hauraki District Council or the Waikato District Council confirms the warrant, the confirmed warrant becomes a warrant issued by the Hauraki District Council or the Waikato District Council and remains in force until it is expired or revoked;
(c) the Hauraki District Council or the Waikato District Council amends the warrant, the warrant as amended becomes a warrant issued by the Hauraki District Council or the Waikato District Council and remains in force until it expires or is revoked; and
(d) the Hauraki District Council or the Waikato District Council revokes the warrant.
23. Residual responsibilities The Auckland Council is responsible for the documents of the Franklin District Council, other than those relating to a specific area being included in Hauraki District or Waikato District or an activity becoming the responsibility of the Hauraki District Council or the Waikato District Council.
Schedule
Land Vested in Auckland Council
Hunua Regional Park.
Waharau Regional Park.
Whakatiwa Regional Park.
Given under the hand of His Excellency the Governor-General of New Zealand, Anand Satyanand, on the 15th day of March 2010.
[L.S.]
Dated at Wellington this 15th day of March 2010.
REBECCA KITTERIDGE, Clerk of the Executive Council.