CINDY KIRO, Governor-General

Order in Council

At Wellington this 27th day of May 2024

Present:

Rt Hon Dame CINDY KIRO, 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 (Whakatane District to Kawerau District) Order 2024.

(2) This order:

1. gives effect to the reorganisation plan approved by the Local Government Commission on 9 April 2024 under 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 preference of affected communities.

2. Commencement

(1) Clauses 4 – 7 come into force on 1 September 2024.

(2) Clause 1 – 3 and 8 – 9 come into force on the day after the date of the notification of this Order in the New Zealand Gazette.

3. Interpretation

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

Act means the Local Government Act 2002

Area 1 – North means the area defined on map LG-025_026-2024-Boundary-2 deposited with the Local Government Commission available on the Local Government Commission’s website.

Area 1 – South means the area defined on map LG-025_026-2024-Boundary-1 deposited with the Local Government Commission available on the Local Government Commission’s website.

Area 2 means the area defined on map LG-025_026-2024-Boundary-3 deposited with the Local Government Commission available on the Local Government Commission’s website.

Area 3 means the area defined on map LG-025_026-2024-Boundary-4 deposited with the Local Government Commission and attached to this plan.

Transition body means the Kawerau District Transition Body established by clause 8 of this plan.

4. Boundary Alterations

The boundaries of Whakatane District and Kawerau District are altered by excluding Areas 1-North, 1-South, 2, and 3 from Whakatane District and including them in Kawerau District.

5. Representation

(1) Areas 1-North, 1-South, 2, and 3 will be excluded from the Rangitāiki General Ward, the Rangitāiki Māori Ward, and the Rangitāiki Community of Whakatane District.

(2) This clause is 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 11 October 2025.

Effect on Other Matters

6. Affected Local Authorities Continue in Existence

(1) The Whakatane District Council and the Kawerau 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

(1) For the purposes of clause 14(2) of Schedule 3 of the Act it is noted that Areas 1-North, 1-South, 2, and 3 all fall within the areas of interest of Ngāti Awa, Ngāti Tuwharetoa (Bay of Plenty), and Ngāti Rangitihi iwi.

Transition bodies

8. Kawerau District Transition Body

(1) A transition body (the Kawerau Transition Body) will be established to make arrangements for the exclusion of Areas 1-North, 1-South, 2, and 3 from Whakatane District and their inclusion in Kawerau District.

(2) The transition body:

1. will comprise 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 Areas 1-North, 1-South, 2, and 3 from Whakatane District and their inclusion in Kawerau District;
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 provided 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 Whakatane District Council and Kawerau District Council.

10. Miscellaneous

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

(2) In accordance with clause 14(5)(b) of the Act, an explanation of the advantages and disadvantages of this plan is attached as Supplementary Information.