2 JUNE 2011 NEW ZEALAND GAZETTE, No. 76 1799

City Operative District Plan and the Hamilton City Proposed District Plan as a whole shall not be compromised by any proceedings or appeals in relation to provisions of the Waikato District Plan deemed to be part of Hamilton City Council’s District Plan.

7. Building Consents—Clause 67(a) of Schedule 3 of the Local Government Act 2002 is hereby amended in its application to this order as follows:

(a) All building consents for works in the affected areas for which applications have been submitted prior to the date this order comes into effect continue to be the responsibility of Waikato District Council until the final inspection is completed and the Code of Compliance certificate issued;

(b) All building consents for works in the affected areas for which applications are submitted on or after the date that this order comes into effect will be the responsibility of Hamilton City Council; and

(c) Waikato District Council will continue to have responsibility for any leaky-building claims or other claims relating to buildings that they have consented for a period of 10 years from the date of any Code of Compliance certificate that the council has issued.

8. Bylaws—(1) Pursuant to clause 67(e) of Schedule 3 of the Local Government Act 2002, the following Waikato District Council bylaws are declared inapplicable to the altered circumstances of Hamilton City Council in relation to the affected areas and are hereby revoked in their application to these areas:

(a) Liquor Control Bylaw 2009

(b) Cemeteries and Crematoria Bylaw 2008

(c) Trading in Public Places Bylaw 2008

(d) Waikato District Reserves and Beaches Bylaw 2008

(e) Trade Waste Bylaw 2008

(f) Public Libraries Bylaw 2007

(g) Dog Control Bylaw 2007

(h) Parking, Traffic Control and Public Places Bylaw 2007

(i) Water Bylaw 2009

(2) The following Waikato District Council bylaws are applicable to the altered circumstances of Hamilton City Council in relation to the affected areas and are deemed bylaws of Hamilton City Council that will apply to these areas until altered or revoked by Hamilton City Council:

(a) Speed Limits Bylaw 2011

(b) Keeping of Animals Bylaw 2008

(c) Fires in the Open Air Bylaw 2007

(d) Stock Movement Bylaw 2006

9. Wards—Pursuant to clause 66(c) of Schedule 3 of the Local Government Act 2002:

(a) The areas R1 and R1a are excluded from the Eureka Ward of Waikato District and included in the East Ward of Hamilton City.

(b) The area HT2a is excluded from the Newcastle and Ngaruawahia Wards of Waikato District and included in the West Ward of Hamilton City.

(c) The area HT2b is excluded from the Ngaruawahia Ward of Waikato District and included in the West Ward of Hamilton City.

(d) The area HT2c is excluded from the Newcastle Ward of Waikato District and included in the West Ward of Hamilton City.

10. Transfer of Assets—In accordance with clauses 66(g) and 67(a) of Schedule 3 of the Local Government Act 2002:

(a) All storm water assets in the affected areas that are currently the property and responsibility of Waikato District Council shall become the property and responsibility of Hamilton City Council. Hamilton City Council and Waikato District Council will cooperate in the sharing of any information or resources that may be relevant to the production of a catchment management plan for these areas.

(b) All water assets in the affected areas that are currently the property and responsibility of Waikato District Council shall become the property and responsibility of Hamilton City Council.

(c) The cost of the following capital works required to facilitate the transfer will be shared 50 per cent by Hamilton City Council and 50 per cent by Waikato District Council:

(i) Pipe works at Morrinsville Road / State Highway 26 (Option 4);

(ii) The moving of the water meter and installation of a new boundary protection device at Ruakura Road; and

(iii) All costs associated with extending the southern boundary of R1 to the centreline of the Mangaonua Gully.

(d) The cost of the following capital works required to facilitate the transfer will be shared 60 per cent by Hamilton City Council and 40 per cent by Waikato District Council:

(i) The moving of the existing private meter and boundary protection device at Powells Road; and

(ii) The relocation of the single connection at Greenhill Road to Tramway Road.

(e) The sharing of the cost of capital works required in relation to the areas south of State Highway 26 and north of the Mangaonua Stream will be as negotiated and agreed by the Chief Executives of Hamilton City Council and Waikato District Council.

(f) Except as modified by the following two clauses, Hamilton City Council shall become the road controlling authority for all roads in the affected areas for which Waikato District Council was formerly the road controlling authority, and shall be responsible for the maintenance of these roads.