Order in Council

At Wellington this 23rd day of November 2020

Present:

The Rt Hon PATSY REDDY, gznm, 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

Preliminary Provisions

1. Title and Purpose

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

(2) This order:

1. gives effect to the reorganisation scheme adopted by the Local Government Commission on 15 October 2020 which completes the reorganisation plan given effect to by the Local Government Reorganisation (Tauriko West) Order 2020 made on 10 August 2020; and
2. promotes good local government in a way that meets the needs and preferences of affected communities.

2. Commencement

This order comes into force on 1 January 2021.

3. Interpretation

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

Act means the Local Government Act 2002.

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

Boundary Alteration

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.

Representation

5. Territorial Authority Wards

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

6. Regional Constituencies

Area A is excluded from the Western Bay of Plenty Constituency of Bay of Plenty Region and is included in the Tauranga Constituency of Bay of Plenty Region.

7. Representation Reviews

Clauses 5 and 6 are subject to any review of representation arrangements undertaken under Part 1A of the Local Electoral Act 2001 prior to the triennial elections of local authorities to be held on 8 October 2022.

Effect on Other Matters

8. Affected Local Authorities Continue in Existence

(1) The Western Bay of Plenty District Council and the Tauranga City Council, being territorial authorities, continue in existence.

(2) The districts for those local authorities are the Western Bay of Plenty District and Tauranga City.

9. 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 hapū Ngāti Kahu, Ngāti Rangi, Ngāti Pango, Pirirakau, Ngāti Hangarau, and Ngāi Tamarawaho, which whakapapa to Ngāti Ranginui iwi of Tauranga Moana.

Transitional Matters

10. Transitional Matters

(1) Except as provided by clause 13, clause 45 of Schedule 3 of the Act applies to this order.

(2) Except as provided by clause 16 of this order, clause 46 of Schedule 3 of the Act applies to bylaws in force in Area A.

11. Long term plans

The Long Term Plan adopted by the Western Bay of Plenty District Council for the period 2018/2028 continues to apply to Area A until the Long Term Plan to be adopted by the Tauranga City Council for the period 2021/2031 becomes operative.

12. Annual plan

The annual plan adopted by the Western Bay of Plenty District Council for 2020/2021 continues to apply to Area A until the close of 30 June 2021.

13. Rates

(1) Clause 45(e) of Schedule 3 of the Act does not apply. All rates and charges payable to or owing to the Western Bay of Plenty District Council in respect of Area A prior to 1 January 2021 continue to be payable to that council.

(2) The Western Bay of Plenty District Council:

1. shall collect the rates and charges assessed for Area A for the period beginning 1 January 2021 and ending on 30 June 2021; and
2. shall pay those rates and charges to the Tauranga City Council as soon as practicable after receipt.

(3) From 1 July 2021, all rates and charges assessed for Area A shall be collected by and payable to the Tauranga City Council.

14 Resource Management Act

(1) In accordance with section 81 of the Resource Management Act 1991:

1. the operative district plan prepared by the Western Bay of Plenty District Council as it relates to Area A continues to apply to Area A and is deemed to be part of Tauranga City Council’s district plan; and
2. the Tauranga City Council shall, as soon as practicable but within two years, make such changes to its district plan as it considers necessary to cover Area A.

(2) All matters under the Resource Management Act 1991 relating to Area A become the responsibility of the Tauranga City Council from 1 January 2021.

15. Policies

(1) Subject to clause 16, any policy prepared by the Western Bay of Plenty District Council, in so far as it applies to Area A, continues to apply to that area until that policy is, in relation to its application to Area A, revoked, amended or replaced by the Tauranga City Council.

(2) The Tauranga City Council shall, as soon as practicable but within two years, make such changes as it considers necessary to cover Area A, and, after the changes are made, the Western Bay of Plenty District Council’s policies cease to apply.

16. Election signs

For the purpose of regulating election signs at any poll or election:

1. the Western Bay of Plenty District Council’s Election Signs Policy and clause 4D:4.1.1 of the Western Bay of Plenty District Plan cease to apply to Area A; and
2. the Tauranga City Council’s Local Elections Policy, clause 14 of the Street Use and Public Places Bylaw 2018, and rules 4D.2.1 and 4D.2.2 of the Tauranga City Plan apply to Area A.

Schedule 1

Area 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.