4782 NEW ZEALAND GAZETTE No. 173

0.4047 More or less, being Reserve 1796, all Computer
Register 78315, Westland Land Registration
District.

0.8496 More or less, being Lot 1, D.P. 316937, all
Computer Register 66452, South Auckland Land
Registration District.

0.2125 More or less, being part Lot 1, D.P. 63213;
shown as “Section 3” on S.O. Plan 326443,
North Auckland Land Registration District.

0.1115 More or less, being part Lot 1, D.P. 63213;
shown as “Section 4” on S.O. Plan 326443,
North Auckland Land Registration District.

Dated at Wellington this 17th day of December 2003.

P. D. BURKE, Group Manager Property, Ministry of
Education.
ln8446

Local Government Act 1974

Local Government (Waipa District and Hamilton City) Boundary Alteration Order 2003

DAME SIAN ELIAS, Administrator of the Government

ORDER IN COUNCIL

At Wellington this 15th day of December 2003.

Present:
HER EXCELLENCY THE ADMINISTRATOR OF THE
GOVERNMENT PRESIDING IN COUNCIL

Pursuant to section 37ZZZJ of the Local Government Act
1974, Her Excellency the Administrator of the Government,
acting on the advice and with the consent of the Executive
Council, makes the following order.

Order

1. Title—This order may be cited as the Local Government
   (Waipa District and Hamilton City) Boundary Alteration
   Order 2003.

2. Commencement—Subject to clause 19, this order
   comes into force on 1 July 2004.

3. Interpretation—In this order, unless the context
   otherwise requires:

“affected area” means the area described on S.O. Plan
323152.

4. Boundary alteration—The boundaries of Waipa District
   and Hamilton City are altered by excluding the affected area
   from Waipa District and including it in Hamilton City.

5. Representation—(1) The affected area is excluded from
   the Pirongia Ward of Waipa District and is included in the
   West Ward of Hamilton City.

(2) The affected area is excluded from the Waipa
Constituency of the Waikato Region and included in the
Hamilton Constituency.

6. Rating—The system of rating in the affected area shall
   be the same as that in force in Hamilton City.

7. Civil defence—The operative local and regional civil
   defence plans applying to the affected area continue in force
   until the first civil defence emergency management group
   plan becomes operative in accordance with the Civil
   Defence Emergency Management Act 2002.\n

8. Bylaws—(1) The bylaws of the Hamilton City Council
   shall apply to the affected area.

(2) The bylaws of the Waipa District Council cease to apply
to the affected area.

9. Transfer of responsibilities—The Hamilton City
   Council, in respect of the affected area, shall have, and may
   exercise, and shall be responsible for:

(a) all powers, duties, acts of authority and functions
which were previously exercised by the Waipa
District Council or would have been so exercised by
it if it had remained in control of the affected area;

(b) all the liabilities, obligations, engagements and
contracts that were previously the responsibility of
the Waipa District Council, or that would have been
its responsibility if it had remained in control of the
affected area; and

(c) all actions, suits and proceedings pending by or
against the Waipa District Council, or that would
have been its responsibility if it had remained in the
control of the affected area.

10. Vesting of property—All property, real and personal, in
    the affected area vested in the Waipa District Council is
    vested in the Hamilton City Council, subject to all existing
    encumbrances.

11. Title to property—Any reference, express or implied to
    the Waipa District Council relating to the affected area, in
    any instrument or other document, or in any entry or record,
    made in any register in relation to property vested in the
    Hamilton City Council by clause 10 of this scheme, shall,
    unless the context otherwise requires, be read as a reference
    to the Hamilton City Council.

12. Assets and liabilities—(1) The apportionment of assets
    and liabilities of the Waipa District Council relating to the
    affected area shall be determined by agreement between
    the Waipa District Council and the Hamilton City Council.

(2) If the Waipa District Council and the Hamilton City
Council cannot reach agreement on the apportionment of
assets and liabilities, then it shall be determined by the Local
Government Commission pursuant to clauses 28 to 31 of
Part III of Schedule 3B of the Local Government Act 1974.

13. Loans—Subject to section 37ZZZN and clause 41 of
    Schedule 3B of the Local Government Act 1974, any rate
    made and levied to meet the annual charges in respect of any
    loan secured over the affected area shall continue to be
    made and levied on the same basis as applied before the
    commencement of this order.

14. Creditors—The rights or interests of creditors of the
    Waipa District Council are not affected by this order.

15. Loan liabilities—Any loan liabilities relating to the
    affected area shall be apportioned according to Part III of
    Schedule 3B of the Local Government Act 1974.

16. Special funds—Any special funds transferred to the
    Hamilton City Council following the apportionment of
    assets and liabilities under clause 12 of this order shall:

(a) be expended only for the purpose for which they
were set aside; and

(b) after provision has been made for all liabilities, be
expended for the benefit of the affected area.

17. Petroleum tax revenue—Clause 59 of Schedule 3B
    to the Local Government Act 1974 applies to the
    apportionment of petroleum tax revenue.

18. Resource management—(1) Where the Waipa District
    Council had, prior to the affected area becoming part of
    Hamilton City, begun a review of its district plan or publicly
    notified but not adopted any change to that plan, or
    publicly notified but not adopted a variation to its proposed
    district plan, then, subject to any resolution of the Hamilton
    City Council to the contrary, all such acts, to the extent that
    they affect the affected area, are deemed to have been done
    by the Hamilton City Council and may be adopted and acted
    upon by that council.

(2) Where, before the date of commencement of this clause
and in relation to the affected area, any application for a
resource consent or any requirement for a designation or
a heritage order had been made to Waipa District Council by