NEW ZEALAND GAZETTE, No. 76

2 JUNE 2011

Internal Affairs

Local Government Act 2002

The Local Government (Waikato District and Hamilton City) Boundary Alteration Order 2011

SIR ANAND SATYANAND, Governor-General

ORDER IN COUNCIL

At Wellington this 30th day of May 2011

Present:

HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL

Pursuant to section 25 of the Local Government Act 2002, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following order.

Order

1. Title—This order may be cited as the Local Government (Waikato District and Hamilton City) Boundary Alteration Order 2011.

2. Commencement—This order comes into force on 1 July 2011.

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

   affected areas means the areas referred to as R1, R1a, HT2a, HT2b and HT2c.

   R1 means the area shown on Overview plan - Area R1 as attached to this order.

   R1a means the area shown on Plan R1a as attached to this order.

   HT2a means the area shown on Plan HT2a as attached to this order.

   HT2b means the area shown on Plan HT2b as attached to this order.

   HT2c means the area shown on Plan HT2c as attached to this order.

4. Boundary Alteration—The boundaries of Hamilton City and Waikato District are altered so that the affected areas are included within Hamilton City and excluded from Waikato District.

5. Development Contributions—Clause 67(f) of Schedule 3 of the Local Government Act 2002 is hereby amended in its application to this order as follows:

   (a) All developments in the affected areas for which applications are lodged on or after the date of this order will be charged development contributions and financial contributions (if applicable), payable to the Hamilton City Council, at the rates set out in the Hamilton City Development and Financial Contributions Policy.

   (b) Any development contributions payable in respect of development in the affected areas for which resource consents have been lodged prior to the date that the boundaries change and in respect of which an invoice has been issued before the date the boundaries change will be paid to Waikato District Council. If an invoice is issued by Waikato District Council on or after the date of this order, these contributions will be payable to Hamilton City Council at the rates applicable under the Waikato District Council Development and Financial Contributions Policy.

   (c) Waikato District Council will pay to Hamilton City Council:

   (i) as soon as practicable after the date of this order, a sum equivalent to the development and financial contributions in respect to the affected areas paid prior to the date of this order that have not been expended by Waikato District Council on growth-related capital works.

   (ii) on an ongoing monthly basis, a sum equivalent to any development contributions and financial contributions collected by Waikato District after the date of this order.

   (d) District-wide financial contributions that have been expended by Waikato District Council will be exempt from the payment made under clause 5(c) of this order.

6. Resource Management Act 1991—Pursuant to clause 66(e) of Schedule 3 of the Local Government Act 2002:

   (a) The operative district plan and the proposed district plan of Waikato District shall be deemed to be parts of the operative district plan, or as the case may be, the proposed district plan of Hamilton City in so far as they apply to the affected areas. Within a period of two years from the date this order comes into effect, Hamilton City Council will include provisions for the affected areas within its own district plan(s).

   (b) All resource consents pertaining to the affected areas for which applications have been submitted prior to the date this order comes into effect will continue to be the responsibility of Waikato District Council until the consent has been granted and any objections and appeals have been settled. All resource consents for which applications are submitted on or after the date the order comes into effect will be the responsibility of Hamilton City Council.

   (c) Hamilton City Council and Waikato District Council shall consult with each other in relation to any resource consents pertaining to properties that straddle the boundary. Such consents shall be processed having regard to the provisions of both councils’ district plans in so far as they apply to the portions of those properties that fall inside and outside of the affected areas.

   (d) All proceedings or appeals in relation to provisions of the Waikato District Plan affecting the affected areas that have been commenced prior to the date this order comes into effect will continue to be the responsibility of Waikato District Council until resolved. All proceedings or appeals in relation to provisions of the Waikato District Plan deemed to be parts of the Hamilton City District Plan affecting the affected areas that are commenced on or after the date that this order comes into effect will be the responsibility of Hamilton City Council.