1800 NEW ZEALAND GAZETTE, No. 76 2 JUNE 2011

(g) Subject to reimbursement of costs from Hamilton City Council, Waikato District Council shall continue to maintain Powells Road until the construction of the Waikato Expressway is completed.

(h) Subject to reimbursement of costs from Hamilton City Council, Waikato District Council shall continue to maintain all of Bern Road until the construction of the Te Rapa Bypass is completed.

(i) Solid waste will continue to be collected in the affected areas by Waikato District Council’s contractor for a period of 12 months after the date that the boundaries change. After that time, Hamilton City Council’s contractor will take over the collection.

11. General Provisions—(1) For the avoidance of doubt, and except as otherwise provided in this order:

(a) In accordance with clause 67(a) of Schedule 3 of the Local Government Act 2002, Hamilton City Council, in relation to the affected areas, has and may exercise and is responsible for:

(i) all the powers, duties, acts of authority, and responsibilities that were previously exercised by Waikato District Council, or that would have been exercised by it if it had remained in control of the affected areas;

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

(iii) all the actions, suits, and proceedings pending by or against Waikato District Council, or that would have been its responsibility if it had remained in control of the affected areas;

(b) In accordance with clause 67(b) of Schedule 3 of the Local Government Act 2002, the responsibilities, duties, and powers of the Mayor and Chief Executive of Waikato District Council in relation to the affected areas must be exercised by the Mayor and Chief Executive of Hamilton City Council;

(c) In accordance with clause 67(d) of Schedule 3 of the Local Government Act 2002, Hamilton City Council shall have, subject to all existing encumbrances, vested in it all the land situated in the affected areas that was vested in Waikato District Council;

(d) In accordance with clause 67(f) of Schedule 3 of the Local Government Act 2002, all rates and levies and other money payable in respect of the affected areas is due and payable to Hamilton City Council;

(e) In accordance with clause 67(h) of Schedule 3 of the Local Government Act 2002, the rights or interests of creditors of Waikato District Council are not affected by this order;

(f) In accordance with clause 67(i) of Schedule 3 of the Local Government Act 2002, the Waikato District Council valuation rolls, electoral rolls, and rate records in force in the affected areas continue in force in Hamilton City until those rolls or records are made by Hamilton City Council and, until that time, the Local Government (Rating) Act 2002 applies;

(g) In accordance with clause 67(j) of Schedule 3 of the Local Government Act 2002, except in the circumstances specified in clause 1, clause 2, clause 3, or clause 4 of Schedule 7 of the Local Government Act 2002, members of Waikato District Council continue to be members of Waikato District Council as if the affected areas had not been excluded from the Waikato District;

(h) In accordance with clause 67(k) of Schedule 3 of the Local Government Act 2002, the civil defence emergency management group plan for Hamilton City applies to the affected area and is the only operative local civil defence plan to apply in that area.

(2) Any reference, express or implied, to the Waikato District Council 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 this order shall, unless context requires otherwise, be read as a reference to the Hamilton City Council.

REBECCA KITTERIDGE, Clerk of the Executive Council.

Explanatory Note

This note is not part of the order, but is intended to indicate its general effect and intent.

The general effect and intent of this order is to align the boundary between Hamilton City and Waikato District as follows:

• The area shown on Map R1 represents a new boundary on the city-side edge of the legal road that will constitute the Waikato Expressway to the north-east, on the district-side edge of the legal road that constitutes Greenhill Road to the north, and on the centreline of the Mangaonua Stream to the south. This area also adjoins the current boundary of Hamilton City to the south-west.

• The area shown on Map R1a represents a new boundary on the city-side edge of the legal road that will constitute the Waikato Expressway to the north-east. This area also adjoins the current boundary of Hamilton City to the south-west.

• The area shown on Map HT2a represents the boundary on the city-side edge of the legal road that will constitute the Te Rapa Bypass, and to the east on the centre line of the Waikato River. This area also adjoins the area known as HT2b to the south.

• The area shown on Map HT2b represents a new boundary on the city-side edge of the legal road that will constitute the Ngaruawahia Bypass to the north, and on the centreline of the Waikato River to the east. This area also adjoins the current boundary of Hamilton City to the south-east, the area known as HT2a to the north, and the area known as HT2c to the west.

• The area shown on Map HT2c represents a new boundary on the district-side edge of the legal road that will constitute the western-most branch of the Te Rapa Bypass. This area also adjoins the current boundary of Hamilton City to the south-east, and the area known as HT2a to the east.