SIR ANAND SATYANAND, Governor-General
ORDER IN COUNCIL
At Wellington this 30th day of May 2011
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 (Waikato District and Hamilton City) Boundary Alteration Order 2011.
2. Commencement-This order comes into force on 1 July 2011.
3. Interpretation-In this order, unless the context otherwise requires:
affected areas means the areas referred to as R1, R1a, HT2a, HT2b and HT2c.
R1 means the area shown on Overview plan - Area R1 as attached to this order.
R1a means the area shown on Plan R1a as attached to this order.
HT2a means the area shown on Plan HT2a as attached to this order.
HT2b means the area shown on Plan HT2b as attached to this order.
HT2c means the area shown on Plan HT2c as attached to this order.
4. Boundary Alteration-The boundaries of Hamilton City and Waikato District are altered so that the affected areas are included within Hamilton City and excluded from Waikato District.
5. Development Contributions-Clause 67(f) of Schedule 3 of the Local Government Act 2002 is hereby amended in its application to this order as follows:
(a) All developments in the affected areas for which applications are lodged on or after the date of this order will be charged development contributions and financial contributions (if applicable), payable to the Hamilton City Council, at the rates set out in the Hamilton City Development and Financial Contributions Policy.
(b) Any development contributions payable in respect of development in the affected areas for which resource consents have been lodged prior to the date that the boundaries change and in respect of which an invoice has been issued before the date the boundaries change will be paid to Waikato District Council. If an invoice is issued by Waikato District Council on or after the date of this order, these contributions will be payable to Hamilton City Council at the rates applicable under the Waikato District Council Development and Financial Contributions Policy.
(c) Waikato District Council will pay to Hamilton City Council:
(i) as soon as practicable after the date of this order, a sum equivalent to the development and financial contributions in respect to the affected areas paid prior to the date of this order that have not been expended by Waikato District Council on growth-related capital works.
(ii) on an ongoing monthly basis, a sum equivalent to any development contributions and financial contributions collected by Waikato District after the date of this order.
(d) District-wide financial contributions that have been expended by Waikato District Council will be exempt from the payment made under clause 5(c) of this order.
6. Resource Management Act 1991-Pursuant to clause 66(e) of Schedule 3 of the Local Government Act 2002:
(a) The operative district plan and the proposed district plan of Waikato District shall be deemed to be parts of the operative district plan, or as the case may be, the proposed district plan of Hamilton City in so far as they apply to
the affected areas. Within a period of two years from the date this order comes into effect, Hamilton City Council will include provisions for the affected areas within its own district plan(s).
(b) All resource consents pertaining to the affected areas for which applications have been submitted prior to the date this order comes into effect will continue to be the responsibility of Waikato District Council until the consent has been granted and any objections and appeals have been settled. All resource consents for which applications are submitted on or after the date the order comes into effect will be the responsibility of Hamilton City Council.
(c) Hamilton City Council and Waikato District Council shall consult with each other in relation to any resource consents pertaining to properties that straddle the boundary. Such consents shall be processed having regard to the provisions of both councils’ district plans in so far as they as apply to the portions of those properties that fall inside and outside
of the affected areas.
(d) All proceedings or appeals in relation to provisions of the Waikato District Plan affecting the affected areas that have been commenced prior to the date this order comes into effect will continue to be the responsibility of Waikato District Council until resolved. All proceedings or appeals in relation to provisions of the Waikato District Plan deemed to be parts of the Hamilton City District Plan affecting the affected areas that are commenced on or after the date that this order comes into effect will be the responsibility of Hamilton City Council. The status of the Hamilton City Operative District Plan and the Hamilton City Proposed District Plan as a whole shall not be compromised by any proceedings or appeals in relation to provisions of the Waikato District Plan deemed to be part of Hamilton City Council’s District Plan.
7. Building Consents-Clause 67(a) of Schedule 3 of the Local Government Act 2002 is hereby amended in its application to this order as follows:
(a) All building consents for works in the affected areas for which applications have been submitted prior to the date this order comes into effect continue to be the responsibility of Waikato District Council until the final inspection is completed and the Code of Compliance certificate issued;
(b) All building consents for works in the affected areas for which applications are submitted on or after the date that this order comes into effect will be the responsibility of Hamilton City Council; and
(c) Waikato District Council will continue to have responsibility for any leaky-building claims or other claims relating to buildings that they have consented for a period of 10 years from the date of any Code of Compliance certificate that the council has issued.
8. Bylaws-(1) Pursuant to clause 67(e) of Schedule 3 of the Local Government Act 2002, the following Waikato District Council bylaws are declared inapplicable to the altered circumstances of Hamilton City Council in relation to the affected areas and are hereby revoked in their application to these areas:
(a) Liquor Control Bylaw 2009
(b) Cemeteries and Crematoria Bylaw 2008
(c) Trading in Public Places Bylaw 2008
(d) Waikato District Reserves and Beaches Bylaw 2008
(e) Trade Waste Bylaw 2008
(f) Public Libraries Bylaw 2007
(g) Dog Control Bylaw 2007
(h) Parking, Traffic Control and Public Places Bylaw 2007
(i) Water Bylaw 2009
(2) The following Waikato District Council bylaws are applicable to the altered circumstances of Hamilton City Council in relation to the affected areas and are deemed bylaws of Hamilton City Council that will apply to these areas until altered or revoked by Hamilton City Council:
(a) Speed Limits Bylaw 2011
(b) Keeping of Animals Bylaw 2008
(c) Fires in the Open Air Bylaw 2007
(d) Stock Movement Bylaw 2006
9. Wards-Pursuant to clause 66(c) of Schedule 3 of the Local Government Act 2002:
(a) The areas R1 and R1a are excluded from the Eureka Ward of Waikato District and included in the East Ward of Hamilton City.
(b) The area HT2a is excluded from the Newcastle and Ngaruawahia Wards of Waikato District and included in the West Ward of Hamilton City.
(c) The area HT2b is excluded from the Ngaruawahia Ward of Waikato District and included in the West Ward of Hamilton City.
(d) The area HT2c is excluded from the Newcastle Ward of Waikato District and included in the West Ward of Hamilton City.
10. Transfer of Assets-In accordance with clauses 66(g) and 67(a) of Schedule 3 of the Local Government Act 2002:
(a) All storm water assets in the affected areas that are currently the property and responsibility of Waikato District Council shall become the property and responsibility of Hamilton City Council. Hamilton City Council and Waikato District Council will cooperate in the sharing of any information or resources that may be relevant to the production of a catchment management plan for these areas.
(b) All water assets in the affected areas that are currently the property and responsibility of Waikato District Council shall become the property and responsibility of Hamilton City Council.
(c) The cost of the following capital works required to facilitate the transfer will be shared 50 per cent by Hamilton City Council and 50 per cent by Waikato District Council:
(i) Pipe works at Morrinsville Road / State Highway 26 (Option 4);
(ii) The moving of the water meter and installation of a new boundary protection device at Ruakura Road; and
(iii) All costs associated with extending the southern boundary of R1 to the centreline of the Mangaonua Gully.
(d) The cost of the following capital works required to facilitate the transfer will be shared 60 per cent by Hamilton City Council and 40 per cent by Waikato District Council:
(i) The moving of the existing private meter and boundary protection device at Powells Road; and
(ii) The relocation of the single connection at Greenhill Road to Tramway Road.
(e) The sharing of the cost of capital works required in relation to the areas south of State Highway 26 and north of the Mangaonua Stream will be as negotiated and agreed by the Chief Executives of Hamilton City Council and Waikato District Council.
(f) Except as modified by the following two clauses, Hamilton City Council shall become the road controlling authority for all roads in the affected areas for which Waikato District Council was formerly the road controlling authority, and shall be responsible for the maintenance of these roads.
(g) Subject to reimbursement of costs from Hamilton City Council, Waikato District Council shall continue to maintain Powells Road until the construction of the Waikato Expressway is completed.
(h) Subject to reimbursement of costs from Hamilton City Council, Waikato District Council shall continue to maintain all of Bern Road until the construction of the Te Rapa Bypass is completed.
(i) Solid waste will continue to be collected in the affected areas by Waikato District Council’s contractor for a period of 12 months after the date that the boundaries change. After that time, Hamilton City Council’s contractor will take over the collection.
11. General Provisions-(1) For the avoidance of doubt, and except as otherwise provided in this order:
(a) In accordance with clause 67(a) of Schedule 3 of the Local Government Act 2002, Hamilton City Council, in relation to the affected areas, has and may exercise and is responsible for:
(i) all the powers, duties, acts of authority, and responsibilities that were previously exercised by Waikato District Council, or that would have been exercised by it if it had remained in control of the affected areas;
(ii) all the liabilities, obligations, engagements, and contracts that were previously the responsibility of Waikato District Council or that would have been its responsibility if it had remained in control of the affected areas;
(iii) all the actions, suits, and proceedings pending by or against Waikato District Council, or that would have been its responsibility if it had remained in control of the affected areas;
(b) In accordance with clause 67(b) of Schedule 3 of the Local Government Act 2002, the responsibilities, duties, and powers of the Mayor and Chief Executive of Waikato District Council in relation to the affected areas must be exercised by the Mayor and Chief Executive of Hamilton City Council;
(c) In accordance with clause 67(d) of Schedule 3 of the Local Government Act 2002, Hamilton City Council shall have, subject to all existing encumbrances, vested in it all the land situated in the affected areas that was vested in Waikato District Council;
(d) In accordance with clause 67(f) of Schedule 3 of the Local Government Act 2002, all rates and levies and other money payable in respect of the affected areas is due and payable to Hamilton City Council;
(e) In accordance with clause 67(h) of Schedule 3 of the Local Government Act 2002, the rights or interests of creditors of Waikato District Council are not affected by this order;
(f) In accordance with clause 67(i) of Schedule 3 of the Local Government Act 2002, the Waikato District Council valuation rolls, electoral rolls, and rate records in force in the affected areas continue in force in Hamilton City until those rolls or records are made by Hamilton City Council and, until that time, the Local Government (Rating) Act 2002 applies;
(g) In accordance with clause 67(j) of Schedule 3 of the Local Government Act 2002, except in the circumstances specified in clause 1, clause 2, clause 3, or clause 4 of Schedule 7 of the Local Government Act 2002, members of Waikato District Council continue to be members of Waikato District Council as if the affected areas had not been excluded from the Waikato District;
(h) In accordance with clause 67(k) of Schedule 3 of the Local Government Act 2002, the civil defence emergency management group plan for Hamilton City applies to the affected area and is the only operative local civil defence plan to apply in that area.
(2) Any reference, express or implied, to the Waikato District Council 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 this order shall, unless context requires otherwise, be read as a reference to the Hamilton City Council.
REBECCA KITTERIDGE, Clerk of the Executive Council.
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Explanatory Note
This note is not part of the order, but is intended to indicate its general effect and intent.
The general effect and intent of this order is to align the boundary between Hamilton City and Waikato District as follows:
- The area shown on Map R1 represents a new boundary on the city-side edge of the legal road that will constitute the Waikato Expressway to the north-east, on the district-side edge of the legal road that constitutes Greenhill Road to
the north, and on the centreline of the Mangaonua Stream to the south. This area also adjoins the current boundary of Hamilton City to the south-west.
- The area shown on Map R1a represents a new boundary on the city-side edge of the legal road that will constitute the Waikato Expressway to the north-east. This area also adjoins the current boundary of Hamilton City to the south-west.
- The area shown on Map HT2a represents the boundary on the city-side edge of the legal road that will constitute the
Te Rapa Bypass, and to the east on the centre line of the Waikato River. This area also adjoins the area known as HT2b to the south.
- The area shown on Map HT2b represents a new boundary on the city-side edge of the legal road that will constitute the Ngaruawahia Bypass to the north, and on the centreline of the Waikato River to the east. This area also adjoins the current boundary of Hamilton City to the south-east, the area known as HT2a to the north, and the area known as HT2c to the west.
- The area shown on Map HT2c represents a new boundary on the district-side edge of the legal road that will constitute
the western-most branch of the Te Rapa Bypass. This area also adjoins the current boundary of Hamilton City to the
south-east, and the area known as HT2a to the east.

Also contains 5 scanned maps as outlined above, which are available to view at the following link:
http://www.dia.govt.nz/Pubforms.nsf/NZGZT/NZGazette76Jun11.pdf/$file/NZGazette76Jun11.pdf