LT GEN THE RT HON SIR JERRY MATEPARAE,
Governor-General
ORDER IN COUNCIL
At Wellington this 28th day of May 2012
Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL
PRESIDING IN COUNCIL
Pursuant to section 25 of the Local Government Act 2002, His Excellency the Governor-General of New Zealand, 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 Local Government (Manawatu District and Palmerston North City) Boundary Alteration Order 2012.
2. Commencement-This order comes into force on 1 July 2012.
3. Interpretation-In this order, unless the context otherwise requires:
Area A means the area marked as Area A on the maps deposited with the Local Government Commission for the purposes of this order. Areas B, C, D and E have the corresponding meaning.
Councils means the Manawatu District Council and the Palmerston North City Council.
GST means goods and services tax.
Manawatu District means the area administered by the Manawatu District Council prior to this order coming into force.
Palmerston North City means the area administered by the Palmerston North City Council prior to this order coming into force.
4. Boundary alteration-(1) The boundaries of Manawatu District and Palmerston North City are altered by
excluding areas A to E from Manawatu District and including those areas in Palmerston North City.
(2) Where, as a result of this order, the boundary between Manawatu District and Palmerston North City follows a road, the boundary is the centre-line of the road.
5. Representation-(1) Area A is excluded from the
Kairanga Ward of Manawatu District and included in
the Awapuni Ward of Palmerston North City.
(2) Area B is excluded from the Kairanga Ward of Manawatu District and included in the Takaro Ward
of Palmerston North City.
(3) Area C is excluded from the Kairanga and Kiwitea-Pohangina Wards of Manawatu District and included in
the Papaioea Ward of Palmerston North City.
(4) Area D is excluded from the Kairanga Ward of Manawatu District and included in the Ashurst-Fizherbert Ward of Palmerston North City.
(5) Area E is excluded from the Kiwitea-Pohangina Ward of Manawatu District and included in the Ashurst-Fitzherbert Ward of Palmerson North City.
(6) In accordance with clause 67(j) of Schedule 3 to the Local Government Act 2002 and subject to clauses 1 to 4 of Schedule 7 to the Local Government Act 2002, this order makes no changes to the membership of the Manawatu District Council or the Palmerston North City Council.
6. Transitional payments-(1) Annual transitional payments will be paid by the Palmerston North City
Council to the Manawatu District Council under the arrangements set out in this clause.
(2) The transitional payments will be made in acknowledgement of the expectation that the boundary alteration made by this order will result, for a number of years, in a net annual revenue reduction for the Manawatu District Council and a net annual revenue increase for the Palmerston North City Council. The transitional payments will be made by the Palmerston North City Council to the Manawatu District Council each year for 10 years after
the date that this order comes into force.
(3) Payments to be made under this order are to be paid as quarterly sums at the end of each financial quarter, that is, on 30 September, 31 December, 31 March and 30 June in each year.
(4) For the purposes of calculating the annual transitional payments under this clause:
(a) All calculations shall be based on the operating budget of the Manawatu District Council and the rates set by the Manawatu District Council for
the year immediately prior to this order coming into force.
(b) The estimated amount of the annual net revenue reduction for the Manawatu District Council as a result of this order coming into force is the amount (GST exclusive) of the Manawatu District Council annual rates assessed on the properties to be transferred from Manawatu District to Palmerston North City (Areas A to E), plus the amount of any other estimated annual operating revenue receivable by the Manawatu District Council in relation to those properties, less the amount of any estimated annual operating expenses (GST exclusive) payable by the Manawatu District Council in relation to those properties.
(c) The amount of the annual transitional payment in each of the first five years after this order has come into force shall, subject to subclause (3), remain constant and equal to the estimated annual net revenue reduction for the Manawatu District Council. GST, if applicable, is to be added to the amount of each payment.
(d) The amount of the annual transitional payment in each of the 6th to 10th years after this order has come into force shall, subject to subclause (3), remain constant and equal to 50 per cent of
the estimated annual net revenue reduction for the Manawatu District Council. GST, if applicable, is
to be added to the amount of each payment.
(e) Notwithstanding anything in subclauses (a) to (d), the amount of each transitional payment is to be adjusted in accordance with changes in the Local Government Cost Index for New Zealand that apply to the operating expenditure of the Manawatu District Council.
7. Rating-(1) The Palmerston North City Council will, using the latest valuation carried out for each property, assess and set rates for properties that are included in Palmerston North City as a result of this order coming into force in the same manner as it has assessed and set rates for like properties within Palmerston North City prior to this order coming into force.
(2) Notwithstanding subclause (1), a targeted rate in relation to the costs of upgrade to the industrial wastewater system in Longburn may be applied to properties in that area that are included in Palmerston North City as a result of this order coming into force.
8. Resource management-(1) In accordance with
section 81 of the Resource Management Act 1991, on the date that this order comes into effect the operative Manawatu District Plan shall be deemed to be part of the operative Palmerston North City District Plan, in so far as it applies to Areas A to E. Within a period of two years from the date that this order comes into effect, the Palmerston North City Council is to promote a plan change to include provisions for Areas A to E.
(2) All proceedings or appeals in relation to provisions of the Manawatu District Plan affecting Areas A to E that have been commenced1 prior to the date that this order comes into effect will continue to be the responsibility of the Manawatu District Council until resolved. All proceedings or appeals
in relation to provisions of the Manawatu District Plan deemed to be part of the Palmerston North City District
Plan affecting Areas A to E that are commenced2 on or
after the date that this order comes into effect will be the responsibility of the Palmerston North City Council. The status of the operative Palmerston North City District
Plan shall not be compromised by any proceedings or appeals in relation to provisions of the Manawatu District Plan deemed to be part of the Palmerston North City
District Plan.
(3) All resource consents relating to Areas A to E for which applications have been submitted prior to the date this order comes into effect will continue to be the responsibility of the Manawatu District Council until:
(a) for subdivision consents, certificates are issued under section 224(c) of the Resource Management Act 1991; or
(b) for land use consents the resource consent is deemed to have commenced under section 116 of the Resource Management Act 1991; or
(c) the resource consent is otherwise terminated.
(4) All resource consents for which applications are submitted in relation to Areas A to E on or after the date
that this order comes into effect will be the responsibility
of the Palmerston North City Council.
9. Development contributions-(1) All developments in Areas A to E for which applications are lodged prior to the date that this order comes into effect will be assessed under the Manawatu District Council Development Contributions Policy. If applicable, development contributions will be payable to the Manawatu District Council, in accordance with the rates and methodology set out in the Manawatu District Council Development Contributions Policy.
(2) All developments in Areas A to E for which applications are lodged on or after the date that this order comes into effect will be assessed under the Palmerston North City Council Development Contributions Policy. If applicable, development contributions will be payable to the Palmerston North City Council, in accordance with the rates and methodology set out in the Palmerston North City Council Development Contributions Policy.
(3) Two-thirds of all development contributions received by the Manawatu District Council on or after the date that this order comes into effect for developments located within Areas A to E will be transferred to the Palmerston North City Council.
10. Building consents-(1) Since October 2007, the Manawatu District Council has contracted the Palmerston North City Council to perform its building services function. There are two current contracts that set out this arrangement. The first provides technical staff from the Palmerston North City Council to the Manawatu District Council to assist the Manawatu District Council to discharge their obligations as a building consent authority. The second contract concerns the balance of the building service functions of the Manawatu District Council.
(2) Issues of liability and apportionment of responsibility in terms of all building service functions are detailed in both contracts.
(3) Where work that is carried out relates to dates prior to the commencement of the contracts in subclauses (1) and (2), liability for that work rests with the Manawatu District Council.
11. Separate agreement for apportionment of assets and liabilities, and for other special arrangements-
(1) Except for those matters set out in this order, the Manawatu District Council and the Palmerston North City Council will enter into separate arrangements for the apportionment of assets and liabilities, including any arrangements that may need to be made for the Longburn and Bunnythorpe areas.
(2) These agreements will be negotiated separately, but if no agreement is reached within three months of the date that this reorganisation order comes into effect, either the Manawatu District Council or the Palmerston North City Council may apply to the Local Government Commission for a determination under clause 69 of Schedule 3 to the Local Government Act 2002.
12. Arbitration and mediation-(1) In the event that any matter is not provided for by this order or by Schedule 3 to the Local Government Act 2002, or some other question or dispute arises, the Manawatu District Council or the Palmerston North City Council will endeavour to settle such matter by agreement, or failing agreement, by arbitration.
(2) Any such arbitration will be undertaken in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. The arbitration will be conducted by one arbitrator agreed upon by the Manawatu District Council and
the Palmerston North City Council. In the event that the Councils fail to agree on the choice of arbitrator within
21 days from the date upon which the matter is referred to arbitration, the arbitrator will be appointed by the President of the Manawatu District Lawyers Standards Committee or their nominee. The arbitrator’s decision shall be final.
(3) In addition to the procedure in subclause (2) above, the Councils may, if they determine, first refer the matter to non-binding mediation.
(4) Nothing in this clause prevents a determination being issued by the Local Government Commission under section 26 of the Local Government Act 2002.
13. Included provisions-(1) Subject to subclause (2), the provisions of Schedule 3 to the Local Government Act 2002 apply to this order.
(2) Subclauses (c), (g) and (l) of clause 67 of Schedule 3 to the Local Government Act 2002 do not apply to this order.
REBECCA KITTERIDGE, Clerk of the Executive Council.
---
Explanatory Note
This note is not part of the order, but it is intended to indicate its general effect and intent.
The general effect and intent of this order is to alter the boundary between Manawatu District and Palmerston North City by excluding areas labelled Area A, Area B,
Area C, Area D and Area E from Manawatu District and including those areas within Palmerston North City.
Maps showing the location of each boundary to be altered by this order will be deposited with the Local Government Commission and made available for public inspection for the purposes of this order.
It is intended that the order comes into effect on or before
1 July 2012, but that public notification of the order will allow each Council to make planning decisions for the financial year commencing on 1 July 2012 before that date.
It is intended that the wards of each of the five areas (Areas A to E) affected by this order are to be excluded from the designated areas within Manawatu District and included within the designated areas within Palmerston North City.
Annotation of Notes
1Publicly notified under Clause 5(1), Schedule 1, Resource Management Act 1991.
2Publicly notified under Clause 5(1), Schedule 1, Resource Management Act 1991.