9 JUNE 2005

NEW ZEALAND GAZETTE, No. 88

2095

(2) The affected area is included in the Taneatua
Community of Whakatane District.

6. Rating—The system of rating in the affected area will
   be the same as that in force in Whakatane District.

7. Civil defence—(1) The Bay of Plenty Civil Defence
   Emergency Management Plan continues to apply to the
   affected area.

(2) The operative civil defence plan for the Whakatane
District Council applies to the affected area in accordance
with the Bay of Plenty Civil Defence Emergency
Management Plan and is the only operative local civil
defence plan to apply in the affected area.

8. Bylaws—(1) The bylaws of the Whakatane District
   Council apply to the affected area.

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

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

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

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

(3) all actions, suits and proceedings pending by or
against the Opotiki 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 Opotiki District Council
    is vested in the Whakatane District Council, subject to all
    existing encumbrances.

11. Title to property—Any reference, express or implied to
    the Opotiki 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
    Opotiki District Council, by clause 9 of this order, shall,
    unless the context otherwise requires, be read as a reference
    to the Whakatane District Council.

12. Development and financial contributions—(1) Where
    any resource consent or building consent relating to the
    affected area includes a condition requiring the payment of
    a development contribution under the Local Government
    Act 2002, and a contribution has been levied before the
    commencement of this order, the following shall apply:

(a) The Opotiki District Council shall retain all of the
development contribution paid; and

(b) where development contributions have been levied
before the date of commencement of this order, but
not yet paid, these contributions shall be payable to
the Opotiki District Council unless they relate in
whole or in part to specific works proposed within
the affected area. Where development contributions
have been levied before the date of commencement
of this order, but not yet paid, and these
contributions relate in whole or in part to specific
works proposed within the affected area then, to the
extent that they relate to such works, they shall be
payable to the Whakatane District Council.

(2) Where any resource consent relating to the affected area
includes a condition requiring the payment of a financial
contribution under the Resource Management Act 1991,

and a contribution has been levied before the date of
commencement of this order, the following shall apply:

(a) The Opotiki District Council shall retain that part of
the financial contribution paid in respect of works
identified to take place outside the affected area and
shall pay to the Whakatane District Council that part
of the financial contribution paid in respect of works
identified to take place within the affected area; and

(b) where any financial contribution had been levied
before the commencement of this order, but not yet
paid, those contributions shall, to the extent that they
relate to works identified to take place outside the
affected area, be payable to the Opotiki District
Council. Where such financial contributions relate in
whole or in part to specific works proposed within
the affected area, they shall be payable to the
Whakatane District Council to the extent that they
relate to such works.

(3) All development contributions and financial contributions
levied as part of a resource consent or building consent
issued after the commencement of this order shall be
payable to the Whakatane District Council.

13. Assets and liabilities—(1) In every respect not affected
    by clause 12, the apportionment of assets and liabilities of
    the Opotiki District Council relating to the affected area
    shall be determined by agreement between the Opotiki
    District Council and the Whakatane District Council.

(2) If the Opotiki District Council and the Whakatane
District 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 the Schedule 3B of the Local Government
Act 1974.

14. 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.

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

16. 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.

17. Special funds—Any special funds transferred to the
    Whakatane District Council following the apportionment of
    assets and liabilities under clause 12 of this order shall:

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

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

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

19. Resource management—(1) In accordance with section
    81 of the Resource Management Act 1991, the plan or
    proposed plan of the Opotiki District Council that applied to
    the affected area before the alteration of boundaries
    continues to apply to the affected area and is, in so far as it
    applies to the affected area, deemed to be part of the plan or
    proposed plan of the Whakatane District Council.

(2) Where, before the commencement of this order, 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 Opotiki District Council by any
person pursuant to any provision of the Resource
Management Act 1991, the following apply: