THE RIGHT HONOURABLE DAME SIAN ELIAS, Administrator of the Government
ORDER IN COUNCIL
At Wellington this 6th day of December 2010
HER EXCELLENCY THE ADMINISTRATOR OF THE GOVERNMENT IN COUNCIL
Pursuant to section 25 of the Local Government Act 2002, Her Excellency the Administrator of the Government, 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 (Kawerau District and Whakatane District - Putauaki Industrial Zone) Boundary Alteration Order 2010.
2. Commencement-This order comes into force on
9 March 2011.
3. Interpretation-In this order, unless the context otherwise requires:
affected area means the area described in the Schedule to this order.
4. Boundary alteration-The boundary between Kawerau District and Whakatane District is altered by excluding the affected area from Whakatane District and including it in Kawerau District.
5. Rates, levies and other monies payable-Clause
67 of Schedule 3 of the Local Government Act 2002 applies to this order, except as follows:
(a) All rates or levies and other monies payable set
and assessed or owing to the Whakatane District Council in respect of the affected area prior to the commencement date shall continue to be payable to the Whakatane District Council.
(b) All rates or levies and other monies payable, set and assessed in respect of the affected area, from the commencement date to 30 June 2011 shall be paid by the Whakatane District Council to the Kawerau District Council as soon as practicable after receipt.
(c) The Kawerau District Council and the Whakatane District Council shall, if necessary, enter into an agreement for the delivery of services such as water, wastewater and roading to the affected area over
a transitional period.
6. Long-Term Plan and Annual Plan-(1) There are no capital works planned for the affected area programmed in Whakatane District Council’s Long-Term Plan and Annual Plan and therefore no matters that will affect Kawerau District Council’s Long-Term Plan and Annual Plan.
(2) The Whakatane District Council development contributions policy ceases to apply to the affected area.
7. Resource Management Act 1991-(1) In accordance with section 81 of the Resource Management Act 1991,
the operative district plan in respect of the affected area shall continue to apply as the operative district plan of
the affected area, in force until such time as the Kawerau District Council adopts an operative district plan for the affected area.
(2) Any other matters under the Resource Management
Act 1991, including proceedings before, or initiated by
or against the Whakatane District Council shall have effect as matters before, or initiated by or against, the Kawerau District Council.
8. Bylaws-From the commencement date:
(a) the bylaws of the Kawerau District Council will apply to the affected area; and
(b) the bylaws of the Whakatane District Council
will cease to apply to the affected area.
9. Assets and liabilities-There are no assets or liabilities subject to an agreement for apportionment in accordance with clause 69 of Schedule 3 of the Local Government
All the area bounded by a line commencing at the
eastern-most corner of Part Allotment 59Y, Matata Parish (being located at coordinate E2838204/N6342787) and
then proceeding in a south-easterly direction to coordinate E2838501/N6342214, then in a south-westerly direction
to coordinate E2837421/N6340509, then following, in
a westerly direction, the southern boundary of Lot 3 DP 308053 and of Allotment 59Z1, Matata Parish to the intersection of that boundary with the existing boundary of Kawerau District (as defined on SO 57977), then following the boundary of Kawerau District in a north-easterly and northerly direction to its intersection with the middle line of Onepu Spring Road, then proceeding in an easterly direction to the point of commencement.
REBECCA KITTERIDGE, Clerk of the Executive Council.