Local Government Reorganisation (Whakatane District to Kawerau District) Implementation Order 2024
Order in Council
At Wellington this 29th day of July 2024
Present:
Rt Hon Dame HELEN WINKELMANN, the Administrator of the Government
Presiding in Council
Pursuant to section 25 and Part 4 of Schedule 3 of the Local Government Act 2002, Her Excellency the Administrator of the Government, acting by and with advice of the Executive Council and at the request of the Local Government Commission, makes the following Order.
(1) This Order is the Local Government Reorganisation (Whakatane District to Kawerau District) Order 2024.
(2) This order:
This order comes into force on 1 September 2024.
The following terms have their meaning in this Order as follows:
Act means the Local Government Act 2002.
Area 1-North means the area defined on plan LG-025_026-2024-Boundary-2 deposited with the Local Government Commission, available on the Local Government Commission’s website.
Area 1-South means the area defined on plan LG-025_026-2024-Boundary-1 deposited with the Local Government Commission, available on the Local Government Commission’s website.
Area 2 means the area defined on plan LG-025_026-2024-Boundary-3 deposited with the Local Government Commission, available on the Local Government Commission’s website.
Area 3 means the area defined on plan LG-025_026-2024-Boundary-4 deposited with the Local Government Commission, available on the Local Government Commission’s website.
(1) The boundaries of Kawerau District and Whakatane District are altered by excluding Area 1-North, Area 1-South, Area 2, and Area 3 from Whakatane District and including them in Kawerau District.
(2) From the commencement date the boundaries of Kawerau District will be as defined on plan LG-025_026-2024-Boundary 5 deposited with the Local Government Commission, available on the Local Government Commission’s website.
Area 1-South, Area 1-North, Area 2, and Area 3 are excluded from the Rangitāiki General Ward, and the Rangitāiki Māori Ward of Whakatane District.
Area 1-South, Area 1-North, Area 2, and Area 3 are excluded from the Rangitāiki Community of Whakatane District.
Area 1-South, Area 1-North, Area 2, and Area 3 remain within the Kōhi Māori Constituency and Eastern Bay of Plenty General Constituency of Bay of Plenty Region.
Clauses 5, 6, and 7 are subject to any review of representation arrangements undertaken under Part 1A of the Local Electoral Act 2001 prior to the triennial elections of local authorities to be held on 11 October 2025.
(1) The Whakatane District Council and the Kawerau District Council, being territorial authorities, continue in existence.
(2) The districts for those local authorities are the Whakatane District and the Kawerau District.
For the purposes of clause 14(2) of Schedule 3 of the Act, it is noted that Area 1-South, Area 1-North, Area 2, and Area 3 all fall within the areas of interest of Ngāti Awa, Ngāti Tuwharetoa (Bay of Plenty), and Ngāti Rangitihi iwi.
Except as provided by clauses 12 and 13, clause 45 of Schedule 3 of the Act applies to this scheme in respect of Area 1-South, Area 1-North, Area 2 and Area 3.
The Annual Plan adopted by the Kawerau District Council for the period 2024 – 2025 shall apply to Area 1-South, Area 1-North, Area 2 and Area 3 from 1 September 2024 and the Long Term Plan adopted by Whakatane District Council for the period 2024 – 2034 ceases to apply from 1 September 2024.
(1) All rates and charges payable to or owing to the Whakatane District Council in respect of Area 1-South, Area 1-North, Area 2 and Area 3 for the year ending 30 June 2025 continue to be collected by and payable to that council until 30 June 2025.
(2) At the close of the financial year ending 30 June 2025, all rates and charges payable to or owing to the Whakatane District Council in respect of Area 1-South, Area 1-North, Area 2 and Area 3 for the year ending 30 June 2025 shall be reimbursed to the Kawerau District Council on a pro rata basis.
(3) From 1 July 2025, all rates and charges assessed for Area 1-South, Area 1-North, Area 2 and Area 3 shall be collected by and payable to the Kawerau District Council.
(1) In accordance with section 81 of the Resource Management Act 1991, the Whakatane District Council’s operative district plan as it relates to Area 1-South, Area 1-North, Area 2 and Area 3 continues to apply to those areas until 31 August 2026 and until that time is deemed to be part of the Kawerau District Council’s district plan.
(2) Despite subclause (1), the Kawerau District Council may at any time before the 31 August 2026 change, vary or replace the Whakatane District Council’s operative district plan as it related to Area 1-South, Area 1-North, Area 2 and Area 3.
(3) All matters under the Resource Management Act 1991 relating to Area 1-South, Area 1-North, Area 2 and Area 3 become the responsibility of the Kawerau District Council from 1 September 2024.
From 1 September 2024 the Whakatane District Council’s policies cease to apply to Area 1-South, Area 1-North, Area 2 and Area 3 and the existing bylaws of the Kawerau District Council will apply to Area 1-South, Area 1-North, Area 2, and Area 3 from that date.
(1) From 1 September 2024, the Whakatane District Council’s existing bylaws cease to apply to Area 1-South, Area 1-North, Area 2, and Area 3 and the existing bylaws of the Kawerau District Council will apply to Area 1-South, Area 1-North, Area 2, and Area 3 from that date.
(2) Clause 46 of Schedule 3 of the Act does not apply to this scheme.
For the purpose of regulating election signs at any poll or election:
(1) From 1 September 2024, services, assets and infrastructure in the Area 1-South, Area 1-North, Area 2, and Area 3 will cease to be provided by the Whakatane District Council and are provided by the Kawerau District Council.
(2) Notwithstanding subclause (1), any delivery of water services to Area 1-South, Area 1-North, Area 2, and Area 3 provided by the Whakatane District Council water schemes will continue to be provided by the Whakatane District Council with costs to be recovered by way of user fees and charges.