Order in Council

At Wellington this 5th day of November 2018

Present:

The Rt Hon Dame SIAN ELIAS
Her Excellency the Administrator of the Government

In Council

Pursuant to section 25(1) to (3), (5) and (9) and clauses 33–40 of Schedule 3 of the Local Government Act 2002, the Governor-General, acting by and with the advice of the Executive Council and at the request of the Local Government Commission, makes the following order.

Order

1. Title

This order is the Local Government Reorganisation (West Coast Region) Final Proposal Order 2018.

2. Commencement

(1) This order, except for clause 6, comes into force the day after the date of its notification in the New Zealand Gazette.

(2) Clauses 5, 7–15 come into force on the date the final proposal has effect on and from.

(3) Clause 6 comes into force on the date the reorganisation scheme has effect on and from.

3. Interpretation

The following terms have their meaning in this order as follows:

Act means the Local Government Act 2002.

final West Coast reorganisation proposal means the final proposal for a West Coast reorganisation, issued by the Local Government Commission on 11 September 2018.

four West Coast councils mean the Buller, Grey and Westland district councils and the West Coast Regional Council.

The date the final proposal has effect on and from means, for the purposes of section 25(1)(b) of the Local Government Act 2002 , the date of commencement of this order in clause 2(1).

The date the reorganisation scheme has effect on and from means, for the purposes of section 25(4)(b) of the Local Government Act 2002, the implementation date.

implementation date means the date that is 28 days after the date on which an Order in Council under section 25(4)(a) of the Local Government Act 2002 giving effect to the reorganisation scheme is notified in the New Zealand Gazette.

RMA means the Resource Management Act 1991.

reorganisation scheme means the reorganisation scheme to complete the final West Coast reorganisation proposal, prepared under Part 4 of Schedule 3 of the Act and issued by the Local Government Commission.

Final Reorganisation Proposal for the West Coast

4. Final Proposal

This Order gives effect to the final West Coast reorganisation proposal prepared under Part 2 of Schedule 3 of the Act.

5. Affected Local Authorities Continue in Existence

(1) The West Coast Regional Council, the Buller District Council, the Grey District Council and the Westland District Council, as presently constituted and with their current boundaries, continue in existence.

(2) The councils referred to in subclause (1), with the exception of their district plan statutory obligations transferred by clause 6, continue to have all their current roles, powers and responsibilities by or under law.

6. Transfer of Statutory Obligations to West Coast Regional Council

(1) The obligations of Buller, Grey and Westland district councils under section 73 and Schedule 1 of the RMA for there to be a district plan at all times for each district and for the preparation, notification, adoption, periodic amendment and review of the district plan, are transferred to the West Coast Regional Council.

(2) The transferred obligations under subclause (1) for the preparation, notification, adoption, periodic amendment and review of new district plans for the councils must be met by the preparation, notification, adoption, periodic amendment and review of a combined district plan for the Buller, Grey and Westland districts under section 80 of the RMA.

(3) For the avoidance of doubt subclause (2) does not prevent the preparation, notification, adoption, periodic amendment and review of a document that meets the requirements of both the combined district plan and a regional plan, or a regional policy statement, or both, under section 80 of the RMA.

7. Establishment of the West Coast District Plan Committee

(1) The reorganisation scheme must provide that:

(a) There must be a permanent joint committee between the four West Coast councils and local iwi (the West Coast District Plan Committee).

(b) The West Coast Regional Council must delegate to the West Coast District Plan Committee its district plan obligations under clause 6(1) and 6(2).

(c) The purpose, and terms of reference for, the West Coast District Plan Committee are to:

(i) prepare and notify the proposed combined West Coast district plan (combined district plan):

(ii) hear and consider (including through subcommittees as necessary and appropriate) all submissions received on the proposed combined district plan:

(iii) adopt a final combined district plan:

(iv) monitor implementation of the final combined district plan and the need for amendments:

(v) undertake amendments and reviews of the final combined district plan, or ensure these are undertaken, as required.

(d) The initial membership of the West Coast District Plan Committee, to at least such time as the combined district plan becomes fully operative, must comprise:

(i) an independent chairperson:

(ii) the chairperson of the West Coast Regional Council and one other elected member from, and appointed by, the West Coast Regional Council:

(iii) the mayor of the Buller District and one other elected member from, and appointed by, the Buller District Council:

(iv) the mayor of the Grey District and one other elected member from, and appointed by, the Grey District Council:

(v) the mayor of the Westland District and one other elected member from, and appointed by, the Westland District Council:

(vi) one representative appointed by Te Rūnanga o Ngati Waewae:

(vii) one representative appointed by Te Rūnanga o Makaawhio.

(e) A West Coast District Plan Technical Advisory Team (the Technical Advisory Team) is established to provide technical advice to the West Coast District Plan Committee.

8. Appointment of Independent Chairperson of West Coast District Plan Committee

(1) The first appointment of the independent chairperson of the West Coast District Plan Committee must be made by the Local Government Commission on the recommendation of the transition board.

(2) All subsequent appointments of the independent chairperson must be made by the West Coast District Plan Committee.

9. Membership of Technical Advisory Team

The Technical Advisory Team must have a membership agreed by the West Coast District Plan Committee following nominations by the parties comprising the committee.

Financial Matters

10. Funding

(1) Subject to subclause (2), the costs for there to be a combined district plan and for preparing, notifying, adopting, periodically amending and reviewing the combined district plan must be funded by the West Coast Regional Council by a rate set in relation to all rateable land within the West Coast Region.

(2) The West Coast District Plan Committee may agree that the relevant district council or councils, or their district or districts, is to be responsible for funding work relating to a particular amendment to the operative combined district plan which will have only, or predominantly, a localised impact.

Transition Matters

11. Transition Body

(1) A transition body is established by this order to make arrangements for the establishment and operation of the West Coast District Plan Committee and preparation of a combined district plan.

(2) The transition body must comprise:

(a) a transition board; and

(b) an implementation team.

12. Transition Board

(1) The transition board must comprise:

(a) an independent chairperson appointed by the Local Government Commission;

(b) the chairperson of the West Coast Regional Council and one other elected member from, and appointed by, the West Coast Regional Council;

(c) the mayor of the Buller District and one other elected member from, and appointed by, the Buller District Council;

(d) the mayor of the Grey District and one other elected member from, and appointed by, the Grey District Council;

(e) the mayor of the Westland District and one other elected member from, and appointed by, the Westland District Council;

(f) one member nominated by Te Rūnanga o Ngati Waewae; and

(g) one member nominated by Te Rūnanga o Makaawhio.

(2) The purpose and role of the transition board is to:

(a) Recommend an appointment for the chairperson of the West Coast District Plan Committee;

(b) Agree necessary meeting procedures for the West Coast District Plan Committee including but not limited to standing orders, appointment of deputy members, meeting quorum, and meeting publicity;

(c) Agree a process for resolving disputes between the parties relating to the content of the combined district plan;

(d) Agree necessary administrative support services for the West Coast District Plan Committee; and

(e) Provide advice to the Local Government Commission on matters to be included in the reorganisation scheme completing the final reorganisation proposal, and other matters, as required.

13. Implementation Team

(1) The Local Government Commission must appoint an implementation team, including a manager.

(2) The Local Government Commission must appoint the implementation team from nominations from the West Coast Regional Council, the Buller District Council, the Grey District Council and the Westland District Council.

(3) The role of the implementation team is to:

(a) give effect to decisions made by the transition board; and

(b) provide advice on technical and operational matters to the transition board.

14. Areas of Interest of Iwi and Hapū in the West Coast Unaffected

This order makes no changes to the extent to which areas of interest for Ngai Tahu and Te Rūnanga o Ngati Waewae and Te Rūnanga o Makaawhio are included in the Buller, Grey and Westland districts.

15. Clauses 45 and 46 of Part 4 of Schedule 3 of the Local Government Act 2002 Not to Apply

Clauses 45 and 46 of Part 4 of Schedule 3 of the Act do not apply to the reorganisation scheme.

RACHEL HAYWARD, for Clerk of the Executive Council.