1760 NEW ZEALAND GAZETTE, No. 61 31 MAY 2012

(b) for land use consents the resource consent is deemed to have commenced under section 116 of the Resource Management Act 1991; or

(c) the resource consent is otherwise terminated.

(4) All resource consents for which applications are submitted in relation to Areas A to E on or after the date that this order comes into effect will be the responsibility of the Palmerston North City Council.

9. Development contributions—(1) All developments in Areas A to E for which applications are lodged prior to the date that this order comes into effect will be assessed under the Manawatu District Council Development Contributions Policy. If applicable, development contributions will be payable to the Manawatu District Council, in accordance with the rates and methodology set out in the Manawatu District Council Development Contributions Policy.

(2) All developments in Areas A to E for which applications are lodged on or after the date that this order comes into effect will be assessed under the Palmerston North City Council Development Contributions Policy. If applicable, development contributions will be payable to the Palmerston North City Council, in accordance with the rates and methodology set out in the Palmerston North City Council Development Contributions Policy.

(3) Two-thirds of all development contributions received by the Manawatu District Council on or after the date that this order comes into effect for developments located within Areas A to E will be transferred to the Palmerston North City Council.

10. Building consents—(1) Since October 2007, the Manawatu District Council has contracted the Palmerston North City Council to perform its building services function. There are two current contracts that set out this arrangement. The first provides technical staff from the Palmerston North City Council to the Manawatu District Council to assist the Manawatu District Council to discharge their obligations as a building consent authority. The second contract concerns the balance of the building service functions of the Manawatu District Council.

(2) Issues of liability and apportionment of responsibility in terms of all building service functions are detailed in both contracts.

(3) Where work that is carried out relates to dates prior to the commencement of the contracts in subclauses (1) and (2), liability for that work rests with the Manawatu District Council.

11. Separate agreement for apportionment of assets and liabilities, and for other special arrangements—
    (1) Except for those matters set out in this order, the Manawatu District Council and the Palmerston North City Council will enter into separate arrangements for the apportionment of assets and liabilities, including any arrangements that may need to be made for the Longburn and Bunnythorpe areas.

(2) These agreements will be negotiated separately, but if no agreement is reached within three months of the date that this reorganisation order comes into effect, either the Manawatu District Council or the Palmerston North City Council may apply to the Local Government Commission for a determination under clause 69 of Schedule 3 to the Local Government Act 2002.

12. Arbitration and mediation—(1) In the event that any matter is not provided for by this order or by Schedule 3 to the Local Government Act 2002, or some other question or dispute arises, the Manawatu District Council or the Palmerston North City Council will endeavour to settle such matter by agreement, or failing agreement, by arbitration.

(2) Any such arbitration will be undertaken in accordance with New Zealand law and the current Arbitration Protocol of the Arbitrators’ and Mediators’ Institute of New Zealand Inc. The arbitration will be conducted by one arbitrator agreed upon by the Manawatu District Council and the Palmerston North City Council. In the event that the Councils fail to agree on the choice of arbitrator within 21 days from the date upon which the matter is referred to arbitration, the arbitrator will be appointed by the President of the Manawatu District Lawyers Standards Committee or their nominee. The arbitrator’s decision shall be final.

(3) In addition to the procedure in subclause (2) above, the Councils may, if they determine, first refer the matter to non-binding mediation.

(4) Nothing in this clause prevents a determination being issued by the Local Government Commission under section 26 of the Local Government Act 2002.

13. Included provisions—(1) Subject to subclause (2), the provisions of Schedule 3 to the Local Government Act 2002 apply to this order.

(2) Subclauses (c), (g) and (l) of clause 67 of Schedule 3 to the Local Government Act 2002 do not apply to this order.

REBECCA KITTERIDGE, Clerk of the Executive Council.

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

The general effect and intent of this order is to alter the boundary between Manawatu District and Palmerston North City by excluding areas labelled Area A, Area B, Area C, Area D and Area E from Manawatu District and including those areas within Palmerston North City.

Maps showing the location of each boundary to be altered by this order will be deposited with the Local Government Commission and made available for public inspection for the purposes of this order.

It is intended that the order comes into effect on or before 1 July 2012, but that public notification of the order will allow each Council to make planning decisions for the financial year commencing on 1 July 2012 before that date.

It is intended that the wards of each of the five areas (Areas A to E) affected by this order are to be excluded from the designated areas within Manawatu District and included within the designated areas within Palmerston North City.

Annotation of Notes
1 Publicly notified under Clause 5(1), Schedule 1, Resource Management Act 1991.
2 Publicly notified under Clause 5(1), Schedule 1, Resource Management Act 1991.
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Local Government (Waikato District and Hamilton City) Boundary Alteration Amendment Order 2012

LT GEN THE RT HON SIR JERRY MATEPARAE,
Governor-General

ORDER IN COUNCIL

At Wellington this 28th day of May 2012

Present:
HIS EXCELLENCY THE GOVERNOR-GENERAL
PRESIDING IN COUNCIL

Pursuant to section 26 of the Local Government Act 2002, His Excellency the Governor-General of New Zealand, acting by and with the advice and consent of the Executive Council, makes the following order.