Order in Council

At Wellington this 10th day of August 2020

Present:

The Rt Hon PATSY REDDY, gnzm, qso, Governor-General

Presiding in Council

Pursuant to section 25 and Part 4 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 and Purpose

(1) This order is the Local Government Reorganisation (Tauriko West) Order 2020.

(2) This order:

1. Gives effect to the reorganisation scheme approved by the Local Government Commission on 18 June 2020 under clause 22C of Schedule 3 of the Local Government Act 2002;
2. is prepared under Schedule 3 of the Local Government Act 2002; and
3. is prepared to promote good local government in a way that meets the needs and preferences of affected communities.

2. Commencement

(1) Clauses 4 to 7 come into force on 1 January 2021.

(2) Clauses 1 to 3, 8 and 9 come into force 28 days after the date of its notification in the New Zealand Gazette.

3. Interpretation

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

Area A means the area defined in Schedule 1 of this plan, and also defined on plan LG-022/023-2020-Boundary-1 deposited with the Local Government Commission.

Transition body means the Tauriko West Transition Body established by clause 7(1) of this plan.

Boundary Changes

4. Boundary alteration

The boundaries of Western Bay of Plenty District and Tauranga City are altered by excluding Area A from Western Bay of Plenty District and including it in Tauranga City.

5. Representation

Area A will be excluded from the Kaimai Ward of Western Bay of Plenty District and included in the Otumoetai-Pyes Pa Ward of Tauranga City.

Effect on Other Matters

6. Affected local authorities continue in existence

(1) The Western Bay of Plenty District Council and the Tauranga District Council, as presently constituted, continue in existence.

(2) The councils referred to in subclause (1) continue to have all their current roles, powers and responsibilities by or under law.

7. Affected iwi and hapū

For the purposes of clause 14(2) of the Schedule 3 of the Act it is noted that Area A falls within the areas of interest of hapu Ngāti Kahu, Ngāti Rangi, Ngāti Pango, Pirirakau, Ngāti Hangarau, and Ngāi Tamarawaho, which whakapapa to Ngāti Ranginui iwi of Tauranga Moana.

Transition Body

8. Tauriko West Transition Body

(1) The Tauriko West Transition Body is established to make arrangements for the transfer of Area A from Western Bay of Plenty District and its inclusion in Tauranga City.

(2) The transition body:

1. will include an implementation team; and
2. will not include a transition board.

(3) The role of the transition body will be to:

1. generally, make such arrangements as are necessary for the exclusion of Area A from Western Bay of Plenty District and its inclusion in Tauranga City;
2. meet the purposes of a transition body provided for by clause 34(2) of Schedule 3 of the Act; and
3. undertake the responsibilities of a transition body provide for by clause 36 of Schedule 3 of the Act.

9. Membership

The Local Government Commission will appoint the members of the transition body, including a manager of the implementation team, from nominations from the Western Bay of Plenty District Council and the Tauranga City Council.

10. Miscellaneous

Nothing in this plan requires the appointment of an interim chief executive under clause 38 of Schedule 3 of the Act.

Dated this 10th day of August 2020.

MICHAEL WEBSTER, Clerk of the Executive Council.

Schedule 1

Area to be Included in Tauranga City

All that area bounded by a line commencing at the easternmost corner of Lot 7 DP 512150, thence following the northern boundary of the said Lot 7 in a westerly, northerly and then westerly direction, thence following a projection of that boundary to the middle line of the Wairoa River, thence following the middle line of the Wairoa River in a generally south-westerly direction to coordinate 1870682 mE 5816544 mN, thence to coordinate 1870778 mE 5816549 mN, thence following the middle line of the physical road of State Highway 29 to its intersection with Belk Road, thence following the middle line of the legal road of State highway to the point of commencement.