18 DECEMBER

NEW ZEALAND GAZETTE

any person pursuant to any provision of the Resource Management Act 1991, the following apply:

(a) Where no hearing by the Waipa District Council or any committee of the council has begun on any such application or requirement, the application or requirement is deemed to have been made to the Hamilton City Council and shall be dealt with by that council accordingly.

(b) Where such an application or requirement has been either partly or fully heard or considered by the Waipa District Council but no decision or recommendation thereon has been given, the application shall be heard or considered again by the Hamilton City Council or, as the case may require, a committee or delegate of that council.

(c) Where such an application had been heard or otherwise disposed of by the Waipa District Council and either the time for any appeal against such decision has not expired or notice of appeal has been given, any such appeal is deemed to be against the Hamilton City Council.

(3) For the avoidance of doubt, it is declared that any declaration of the Environment Court, pursuant to section 313 of the Resource Management Act 1991, relating to the affected area that was made before the commencement of this clause and that affects any functions, duties or powers of the Waipa District Council in relation to the affected area applies to the Hamilton City Council.

19. Transitional provisions—(1) For the purposes of:

(a) the review of representation arrangements under Part 1A of the Local Electoral Act 2001;

(b) the making of any Order in Council under section 19 (3) of the New Zealand Public Health and Disability Act 2000 altering the constituencies of the Waikato District Health Board, and any review or process relating to the making of such an Order in Council;

(c) the making of arrangements necessary for the conduct of the triennial general elections of local authorities to be held in 2004;

(d) the preparation of annual plans under section 95 of the Local Government Act 2002 for the year beginning on 1 July 2004;

(e) the preparation of long-term council community plans under section 93 of the Local Government Act 2002 for the period beginning on 1 July 2004; and

(f) the setting of rates under the Local Government (Rating) Act for the financial year beginning on 1 July 2004,

this order comes into force on the day after the day of its publication in the New Zealand Gazette.

(2) For the purpose of setting rates for the financial year beginning on 1 July 2004, information on the district valuation roll of the Waipa District Council relating to the affected area is deemed to be:

(a) included on the district valuation roll of the Hamilton City Council; and

(b) not included on the district valuation roll of the Waipa District Council.

(3) Subclause (2) comes into force on the day after the day of the publication of this order in the New Zealand Gazette.

20. Schedule 3B of the Local Government Act 1974—

Except as otherwise provided for in this order, the provisions of Schedule 3B of the Local Government Act 1974 apply in respect of this order.

DIANE MORCOM, Clerk of the Executive Council.

4783

Public Works Act 1981

Road Realignment—Fairburn Road, Far North District

Pursuant to the Public Works Act 1981, and to a delegation from the Minister for Land Information, Stephen Robert Gilbert, Land Information New Zealand:

(a) Pursuant to section 114 (1), declares the land described in the First Schedule to this notice to be road and vested in the Far North District Council.

(b) Pursuant to sections 116 and 117, declares the portions of road described in the Second and Third Schedules to this notice to be stopped and, pursuant to section 120 (3):

(i) The area described in the Second Schedule shall be amalgamated with the land in Computer Register NA40C/578, subject to memorandum of mortgage 5794683.3.

(ii) The area described in the Third Schedule shall be amalgamated with the land in Computer Register NA31D/478, subject to memoranda of mortgage C. 671191.3 and 5663379.1.

(c) Declares the land described in the Fourth Schedule to this notice to be taken under section 119.

North Auckland Land District—Far North District

First Schedule

Land Declared as Road

Second Schedule

Road to be Stopped and Amalgamated

Third Schedule

Road to be Stopped and Amalgamated

Fourth Schedule

Severances Taken