Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010

2010/358

Crest

Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010

Rt Hon Sir Peter Blanchard, Administrator of the Government

Order in Council

At Wellington this 4th day of October 2010

Present:
His Excellency the Administrator of the Government in Council

Pursuant to sections 36(1) and 39(1) of the Local Government (Tamaki Makaurau Reorganisation) Act 2009, His Excellency the Administrator of the Government makes the following order acting—

  • (a) on the advice and with the consent of the Executive Council; and

  • (b) on the recommendation of the Minister of Local Government (after first consulting the Auckland Transition Agency).

Order

1 Title
  • This order is the Local Government (Tamaki Makaurau Reorganisation) Council-controlled Organisations Vesting Order 2010.

2 Commencement
  • In accordance with sections 36(2)(b) and 39(2)(b) of the Local Government (Tamaki Makaurau Reorganisation) Act 2009, this order comes into force on 1 November 2010.

3 Interpretation
  • In this order, unless the context requires another meaning,—

    assets, liabilities, and other matters has the meaning set out in clause 4

    Auckland Transport means the entity to be established on 1 November 2010 by section 38 of the Local Government (Auckland Council) Act 2009

    Auckland transport system has the same meaning as in section 37(1) of the Local Government (Auckland Council) Act 2009

    boundary adjustment order has the same meaning as in section 5(1) of the Act

    existing local authority means the Auckland Regional Council, the Auckland City Council, the Franklin District Council, the Manukau City Council, the North Shore City Council, the Papakura District Council, the Rodney District Council, and the Waitakere City Council

    terminating organisation has the same meaning as in section 5(1) of the Act.

4 Meaning of assets, liabilities, and other matters
  • (1) In this order, unless the context requires another meaning, assets, liabilities, and other matters, in relation to an existing local authority,—

    • (a) means—

      • (i) the assets of the existing local authority (including its interests in any council organisation or council-controlled organisation that is not a terminating organisation); and

      • (ii) the liabilities and obligations of the existing local authority; and

      • (iii) all rights, contracts, entitlements, and engagements of the existing local authority (including in relation to any proceedings); but

    • (b) does not include any thing described in paragraph (a) that is vested in or otherwise attached to Watercare Services Limited by an Order in Council made under section 37(1) of the Act.

    (2) In this order, unless the context requires another meaning, assets, liabilities, and other matters, in relation to a terminating organisation, means—

    • (a) the assets of the terminating organisation (including its interests in any council organisation or council-controlled organisation); and

    • (b) the liabilities and obligations of the terminating organisation; and

    • (c) all rights, contracts, entitlements, and engagements of the terminating organisation (including in relation to any proceedings).

5 Limits on vestings made under this order
  • (1) Nothing in this order vests in or otherwise attaches to a council-controlled organisation any asset, liability, or other matter transferred to the Waikato District Council or the Hauraki District Council under—

    • (a) the boundary adjustment order; or

    • (b) any apportionment made under clause 69 of Schedule 3 of the Local Government Act 2002 (in accordance with clause 16 of the boundary adjustment order).

    (2) In this clause, council-controlled organisation means Auckland Council Investments Limited, Auckland Council Investments (AIAL) Limited, Auckland Council Property Limited, Auckland Tourism, Events and Economic Development Limited, Auckland Transport, Auckland Waterfront Development Agency Limited, and Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland).

Auckland Council Investments Limited

6 Vesting of shares in Auckland Council Investments Limited
  • (1) On and from 1 November 2010, the following are vested in or otherwise attach to Auckland Council Investments Limited:

    • (a) the shares in Manukau City Investments Limited that, immediately before the close of 31 October 2010, are owned by the Manukau City Council, except any interests or obligations of the Council in respect of those shares that relate to the arrangements between Arawata Finance Limited and the Council specified in—

      • (i) the investment agreements dated 20 September 2005 and 20 September 2010 between the Manukau City Council and Arawata Finance Limited; or

      • (ii) the loan facility agreements dated 20 September 2005 and 20 September 2010 between the Manukau City Council and ANZ National Bank Limited; and

    • (b) the shares in Auckland Film Studios Limited that, immediately before the close of 31 October 2010, are owned by the Waitakere City Council; and

    • (c) the interests and obligations of the Waitakere City Council that, immediately before the close of 31 October 2010, are held by or binding on the Council under the Shareholders' Agreement for Auckland Film Studios Limited dated 20 January 2009; and

    • (d) the shares in Ports of Auckland Limited that, immediately before the close of 31 October 2010, are owned by Auckland Regional Holdings; and

    • (e) the interests and obligations of Auckland Regional Holdings that, immediately before the close of 31 October 2010, are—

      • (i) held by or binding on Auckland Regional Holdings under the loan agreement between Ports of Auckland Limited and Auckland Regional Holdings; and

      • (ii) specified in—

        • (A) the loan agreement dated 25 November 2009; and

        • (B) the letter from Auckland Regional Holdings to Westpac Banking Corporation dated 26 November 2009; and

        • (C) ancillary documents to those described in subsubparagraphs (A) and (B); and

    • (f) the right to manage the portfolio of investments known as the diversified financial assets that, immediately before the close of 31 October 2010, are owned by Auckland Regional Holdings.

    (2) In this clause, shares includes any interest in shares.

Auckland Council Investments (AIAL) Limited

7 Vesting of shares in Auckland Council Investments (AIAL) Limited
  • (1) On and from 1 November 2010, the shares in Auckland International Airport Limited that, immediately before the close of 31 October 2010, are owned by the Auckland City Council are vested in Auckland Council Investments (AIAL) Limited.

    (2) In this clause, shares includes any interest in shares.

Auckland Council Property Limited

8 Right to manage and control existing local authority non-service property
  • (1) In this clause,—

    infrastructure, in relation to an existing local authority,—

    • (a) means a structure, system, or other thing that provides or distributes basic services to the population within its district or region (for example, a structure, system, or other thing that provides or distributes water, sewage disposal, energy, fuel, or communications); and

    • (b) includes the Auckland transport system

    non-service property, in relation to an existing local authority, means the property (both real and personal) that, immediately before the close of 31 October 2010, is—

    • (a) owned by the local authority; and

    • (b) not infrastructure or used to deliver its services (for example, property not used as council offices, a park or reserve, art gallery, library, swimming pool, recreation centre, sporting facility, community hall, community centre, or other community facility, early childhood centre, public toilet, as housing for elderly persons, as a wharf or boat ramp, or as a heritage property).

    (2) On and from 1 November 2010, the right to manage and control the non-service property of each existing local authority vests in Auckland Council Property Limited. For this purpose, Auckland Council Property Limited also has ownership of the furniture, fittings, equipment, computers, computer software, consumables, materials, and other like property of each existing local authority that is used for the management and control of the authority's non-service property.

9 Right to manage and control existing local authority joint ventures
  • (1) In this clause, joint ventures means the assets, liabilities, and other matters in relation to the following arrangements that, immediately before the close of 31 October 2010, are vested in or otherwise attached to the Manukau City Council and the Rodney District Council:

    • (a) the unincorporated joint venture between the Manukau City Council and Transpacific Industries Group (NZ) Limited, commonly known as Waste Disposal Services; and

    • (b) the management arrangements between the Manukau City Council and Fulton Hogan Limited in the quarry commonly known as Whitford Quarry; and

    • (c) the unincorporated joint venture between the Rodney District Council and the Māori Trustee, commonly known as the Araparera Forestry Joint Venture.

    (2) On and from 1 November 2010, the right to manage and control the joint ventures vests in Auckland Council Property Limited. For this purpose, Auckland Council Property Limited also has ownership of the furniture, fittings, equipment, computers, computer software, consumables, materials, and other like property of the Manukau City Council and the Rodney District Council that is used for the management and control of the joint ventures.

10 Right to manage and control terminating organisations
  • (1) In this clause, terminating organisations means—

    • (a) Rodney Properties Limited; and

    • (b) TMPL (Flat Bush) Limited; and

    • (c) Tomorrow's Manukau Properties Limited; and

    • (d) Waitakere Properties Limited.

    (2) On and from 1 November 2010, the right to manage and control the assets, liabilities, and other matters that, immediately before the close of 31 October 2010, are vested in or otherwise attached to the terminating organisations, vests in Auckland Council Property Limited. For this purpose, Auckland Council Property Limited also has ownership of the furniture, fittings, equipment, computers, computer software, consumables, materials, and other like personal property of the terminating organisations that is used for the management and control of the terminating organisations.

Auckland Tourism, Events and Economic Development Limited

11 Vestings in Auckland Tourism, Events and Economic Development Limited
  • On and from 1 November 2010, the following vest in or otherwise attach to Auckland Tourism, Events and Economic Development Limited:

    • (a) the assets, liabilities, and other matters of the Auckland Regional Council that, immediately before the close of 31 October 2010, are vested in or otherwise attached to its business unit commonly known as AucklandPlus; and

    • (b) the assets, liabilities, and other matters of the Auckland City Council that, immediately before the close of 31 October 2010, are vested in or otherwise attached to—

      • (i) its business unit commonly known as ACC City Event's Group, but only to the extent that the assets, liabilities, and other matters relate to the business unit's activities in respect of major events and film facilitation; and

      • (ii) its business unit commonly known as ACC Economic Development Group, but only to the extent that the assets, liabilities, and other matters relate to the business unit's activities in respect of business and sector development and investment work; and

    • (c) the assets, liabilities, and other matters of the Rodney District Council and the North Shore City Council that, immediately before the close of 31 October 2010, are vested in or otherwise attached to the Councils' business units that are visitor centres and i-sites; and

    • (d) the assets, liabilities, and other matters of the Franklin District Council that, immediately before the close of 31 October 2010, are—

      • (i) vested in or otherwise attached to the Council; and

      • (ii) held, exercised, or capable of being exercised by the Council only in relation to the Enterprise Franklin Development Trust; and

    • (e) the assets, liabilities, and other matters of the Rodney District Council that, immediately before the close of 31 October 2010, are—

      • (i) vested in or otherwise attached to the Council; and

      • (ii) held, exercised, or capable of being exercised by the Council only in relation to the Rodney Economic Development Trust.

Auckland Transport

12 Vestings in Auckland Transport
  • (1) On and from 1 November 2010, the assets, liabilities, and other matters described in subclause (2) vest in or otherwise attach to Auckland Transport.

    (2) The assets, liabilities, and other matters of each existing local authority that—

    • (a) are vested in or otherwise attached to the local authority immediately before the close of 31 October 2010; and

    • (b) at that date and time would fall within the definition of Auckland transport system if Part 4 of the Local Government (Auckland Council) Act 2009 were in force at that date and time.

    (3) Without limiting subclause (2), on and from 1 November 2010 the following vest in or otherwise attach to Auckland Transport:

    • (b) the assets, liabilities, and other matters vested in or otherwise attached to each existing local authority immediately before the close of 31 October 2010 in respect of the infrastructure within Auckland associated with buses, ferries, trains, and other transport that runs to a schedule and is available generally to the public.

    (4) Despite subclauses (1) to (3), the following do not vest in or otherwise attach to Auckland Transport:

    • (a) any road within the district of each existing local authority; and

    • (b) the rights and liabilities of each existing local authority under any contract or agreement that meets the criteria in subclause (2) or (3)(b), if the rights and liabilities are inconsistent with Auckland Transport's status, functions, or powers under Part 4 of the Local Government (Auckland Council) Act 2009.

    (5) In subclause (4), road has the same meaning as in section 315 of the Local Government Act 1974.

Auckland Waterfront Development Agency Limited

13 Vestings in Auckland Waterfront Development Agency Limited
  • (1) In this clause,—

    Auckland waterfront area means the area of land and waterspace bounded—

    • (a) to the north, by the northern limit of the deemed coastal permit issued to Ports of Auckland Limited by the Minister of Transport on 28 July 1994 (as amended on 20 September 1999); and

    • (b) to the east, by the eastern side of Queens Wharf; and

    • (c) to the west, by the western end of Westhaven Drive; and

    • (d) to the south, by the southern side of Westhaven Drive and then the eastern side of Beaumont Street, the southern side of Gaunt Street, the western side of Daldy Street, the northern side of Fanshawe Street, the western side of Lower Albert Street, and the northern side of Quay Street

    AWDA means Auckland Waterfront Development Agency Limited.

    (2) On and from 1 November 2010, the property of the Auckland City Council specified in Part 1 of Schedule 2 vests in AWDA.

    (3) On and from 1 November 2010, the following additional assets, liabilities, and other matters that immediately before the close of 31 October 2010 are vested in or otherwise attached to the Auckland City Council, vest in or otherwise attach to AWDA:

    • (a) the Council's wharf operations within the Auckland waterfront area; and

    • (b) the Council's marina operations within the Auckland waterfront area; and

    • (c) the Council's business unit commonly known as the Marinas Stand-Alone Business Unit; and

    • (d) the Council's assets, liabilities, and other matters in relation to Westhaven Marina Limited; and

    • (e) the Council's assets, liabilities, and other matters in relation to Westhaven Trust; and

    • (f) the Council's assets, liabilities, and other matters in relation to Westhaven Existing Marina Trust; and

    • (g) the Council's assets, liabilities, and other matters in relation to Westhaven Marina Extension Trust; and

    • (h) the Council's assets, liabilities, and other matters in relation to Downtown Marinas Limited; and

    • (i) all other assets, liabilities, and other matters in relation to the Council's waterfront operations within the Auckland waterfront area.

    (4) On and from 1 November 2010, the following assets, liabilities, and other matters of the Auckland Regional Council vest in or otherwise attach to AWDA:

    • (a) the property specified in Part 2 of Schedule 2; and

    • (b) all assets, liabilities, and other matters relating to the property specified in paragraph (a) that, immediately before the close of 31 October 2010, are vested in or otherwise attached to the Auckland Regional Council.

    (5) On and from 1 November 2010, the following assets, liabilities, and other matters of Auckland Regional Holdings vest in or otherwise attach to AWDA:

    • (a) the property specified in Part 3 of Schedule 2; and

    • (b) all other assets, liabilities, and other matters that, immediately before the close of 31 October 2010, are vested in or otherwise attached to Auckland Regional Holdings' waterfront operations within the Auckland waterfront area.

Regional Facilities Auckland

14 Vestings in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland)
  • (1) On and from 1 November 2010, the land specified in Part 1 of Schedule 3 vests in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland).

    (2) On and from 1 November 2010, the following additional assets, liabilities, and other matters that, immediately before the close of 31 October 2010, are vested in or otherwise attached to the existing local authorities, vest in or otherwise attach to Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland):

    • (a) the Auckland Regional Council's business unit commonly known as Mount Smart Stadium, except the land described as Mount Smart Stadium in Part 2 of Schedule 3); and

    • (b) the Auckland City Council's business unit commonly known as Auckland Art Gallery; and

    • (c) the Auckland City Council's business unit commonly known as Auckland Zoo; and

    • (d) the Auckland City Council's assets, liabilities, and other matters in relation to the Aotea Centre Board of Management, except the land described as Auckland Town Hall and Aotea Square in Part 2 of Schedule 3; and

    • (e) the Auckland City Council's business unit commonly known as Western Springs Stadium; and

    • (f) the Auckland City Council's assets, liabilities, and other matters in relation to the venue commonly known as Vector Arena; and

    • (g) the Auckland City Council's business unit commonly known as Viaduct Events Centre, except the wharf commonly known as the Halsey Street Extension wharf and any assets, liabilities, and other matters that relate to it; and

    • (h) the Manukau City Council's assets, liabilities, and other matters in relation to the Counties Manukau Pacific Trust, except the land described as TelstraClear Pacific Events Centre in Part 2 of Schedule 3; and

    • (i) the North Shore City Council's assets, liabilities, and other matters in relation to The North Shore Domain and North Harbour Stadium Trust Board; and

    • (j) the North Shore City Council's assets, liabilities, and other matters in relation to The North Shore Events Centre Trust Board, except the land described as North Shore Events Centre in Part 2 of Schedule 3; and

    • (k) the North Shore City Council's assets, liabilities, and other matters in relation to The North Shore City Performing Arts Centre Management Board; and

    • (l) the Waitakere City Council's assets, liabilities, and other matters in relation to the Waitakere City Stadium Trust, except the land described as Waitakere Trust Stadium in Part 2 of Schedule 3; and

    • (m) each existing local authority's assets, liabilities, and other matters in relation to the Auckland Museum Trust Board, except the land described as Auckland War Memorial Museum in Part 2 of Schedule 3; and

    • (n) each existing local authority's assets, liabilities, and other matters in relation to the Museum of Transport and Technology Trust Board, except the land described as Museum of Transport and Technology in Part 2 of Schedule 3; and

    • (o) each existing local authority's assets, liabilities, and other matters in relation to the Auckland Observatory and Planetarium Trust Board, except the land described as Auckland Observatory and Planetarium in Part 2 of Schedule 3; and

    • (p) each existing local authority's assets, liabilities, and other matters in relation to the New Zealand National Maritime Museum Trust Board, except the land described as Maritime Museum in Part 2 of Schedule 3.


Schedule 1
Property vested in Auckland Transport

cl 12(3)(a)

Part 1
Land vested in Auckland Transport

Description Area (more or less) Title document

Auckland Regional Council land at Onehunga Rail Station

Lot 1 DP 182141

 8 066 square metres NA113B/614

Auckland City Council interests in Britomart

Lot 100 Deposited Plan 323395

 strata 93982

Auckland City Council interests in Britomart

Lot 101 Deposited Plan 323395

 strata 93983

Part 2
Wharves vested in Auckland Transport

The following wharves vested in the Auckland City Council, the Manukau City Council, and the North Shore City Council, including all associated structures, ramps, abutments, pontoons, piles, services, fuel tanks, breakwaters, improvements, plant and equipment, resource consents, coastal permits, waterspace management deeds, land titles, seabed licences, and other occupation rights:

  • Auckland City Council
  • (a) New Matiatia (Waiheke):

  • (b) Old Matiatia (Waiheke):

  • (c) Kennedy Point (Waiheke), including 3 400 square metres (more or less) of land being Lot 1 DP 401741:

  • (d) Orapiu (Waiheke):

  • (e) Tryphena (Great Barrier Island), including 1 280 square metres (more or less) of land contained in Section 1 SO Plan 64194:

  • (f) Whangaparapara (Great Barrier Island):

  • (g) Sandy Bay (Rakino Island):

  • Manukau City Council
  • Half Moon Bay, including 3 594 square metres (more or less) of land being Lot 1 DP 96205 and Lot 1 DP 975181 contained in certificate of title NA55B/958:

  • North Shore City Council
  • (a) Bayswater:

  • (b) Beach Haven:

  • (c) Birkenhead:

  • (d) Devonport, excluding the Victoria Wharf:

  • (e) Northcote:

  • (f) Stanley Bay.

Schedule 2
Property vested in Auckland Waterfront Development Agency

cl 13(2), (4), (5)(a)

Part 1
Auckland City Council land, wharves, and marinas

Description Area (more or less) Title document
Lot 19 DP 133386 1.1820 hectares NA78C/333
Lot 18 DP 133386 2.4818 hectares NA78C/332
Lot 2 DP 133386 6 184 square metres NA78C/316
Lot 3 DP 133386 1.0023 hectares  NA78C/317
Lot 12 DP 133386 1.0620 hectares  NA78C/326
Lot 13 DP 133386 2 489 square metres  NA78C/327
Lot 14 DP 133386 1 634 square metres  NA78C/328
Lot 15 DP 133386 1 168 square metres  NA78C/329
Lot 16 DP 133386 1 431 square metres  NA78C/330
Lot 17 DP 133386 1 757 square metres  NA78C/331
Lot 11 DP 133386 2 054 square metres  NA78C/325
Lot 20 DP 133386 1 312 square metres  NA78C/334
Lot 21 DP 133386 9 623 square metres  NA78C/335
Lot 22 DP 133386 4 729 square metres  NA78C/336
Lot 23 DP 133386 1.5573 hectares  NA78C/337
Lot 24 DP 133386 7 300 square metres  NA78C/338
Lot 25 DP 133386 1 472 square metres  NA78C/339
Lot 2 DP 137407 177 square metres  NA81B/908
Lot 3 DP 137407 47 square metres  NA81B/909
Lot 1 DP 169777 713 square metres  NA99C/522
Lot 1 DP 309924 5 527 square metres  Leasehold title register 328939
Lot 1 DP 73682 and Lot 1 DP 79841 3 549 square metres  Leasehold computer register 169778
Lot 2 DP 79841 2 855 square metre Leasehold computer register 132208
Lot 3 DP 144810 3 203 square metres  Leasehold computer register 371015
Lot 4 DP 144810 3 113 square metres  Leasehold computer register 371016
Lot 5 DP 144810 4 185 square metres  Leasehold computer register 133175
Lot 7 DP 186033 3 744 square metres  NA116B/159
Lot 1–2 DP 194991 73 square metres  NA124A/614
Lot 1 DP 192680 2 512 square metres  NA121C/209
Lot 21 DP 131566 741 square metres  NA77A/389
Lot 4–5 DP 338555 171 square metres  158710
Lot 4 DP 153316 6 155 square metres  NA91C/82
Lot 9 DP 60151 6 442 square metres  NA15A/424
Lot 9 DP 60151 6 442 square metres  Leasehold computer register 466391
Lot 3–4 DP 194991 459 square metres  NA124A/615
Lot 20 DP 131566 988 square metres  NA77A/388
Lot 1–2 DP 338555 4 235 square metres  158709
Lot 1 DP 109673 1 031 square metres  NA61C/1059
Lot 16 DP 131565 59 square metres  NA77A/384
Lot 15 DP 131565 244 square metres  NA77A/383
Area marked A on SO Plan 69297 2 137 square metres Public Open Space (Gazette 1998, p 3228)
Areas B, C, and D on SO Plan 69297 1 945 square metres Public Open Space (Gazette 1998, p 3228)
Areas E, F, and G on SO Plan 69297 837 square metres Public Open Space (Gazette 1998, p 3228)
Lot 3 DP 153316 1 006 square metres NA91C/81
Lot 1 DP 170096 5 520 square metres NA103D/145
Section 1 SO Plan 400752 5 660 square metres 421058
Hobson Wharf (excluding the Maritime Museum)    
Halsey Street Extension Wharf (excluding the Viaduct Events Centre on the Halsey Street Extension Wharf)    
Westhaven Marina    
Hobson Marina    

Part 2
Auckland Regional Council land, wharves, and marinas

All of the Auckland Regional Council's undivided one-half share in Queens Wharf situated at 98 Quay Street (being Part bed Waitemata Harbour Deeds Index 33A/195), and comprising the wharf structure, the two 100-year-old sheds, the berthing infrastructure, and the heritage fence.

Part 3
Auckland Regional Holdings land, wharves, and marinas

Description Area (more or less) Title document
Lots 1 and 2 DP 345445 12 694 square metres 392237
Lot 1 on DP 70740 3 159 square metres NA27B/649
Lot 1 on DP 57246 6 700 square metres NA29A/54
Lots 27 and 28 Block VI Deeds Plan 226 993 square metres NA29A/56
Lot 1 DP 73682 2 853 square metres NA29C/1196
Lot 2 DP 74381 2 374 square metres NA30C/1191
Lot 3 DP 74381 1 589 square metres NA30C/1192
Lot 4 DP 74381 1 961 square metres NA30C/1193
Lot 5 DP 74381 2 434 square metres NA30C/1194
Lot 6 DP 74381 478 square metres NA30C/1195
Lot 1 DP 79113 2 750 square metres NA36A/201
Lot 1 DP 79841 696 square metres NA36C/765
Lot 2 DP 79841 2 855 square metres NA36C/766
Lot 1 DP 89281 715 square metres NA46B/682
Lot 28 DP 9097 1 763 square metres NA473/255
Lot 27 DP 9097 1 763 square metres NA473/255
Lots 15 to 27 and Lots 49 to 76 DP 27338 2.9172 hectares NA599/146
Lot 1 DP 111348 5 352 square metres NA62C/1185
Lot 2 DP 111348 2 099 square metres NA62C/1186
Lot 3 DP 111348 1 000 square metres NA62C/1187
Lot 1 DP 119658 6 261 square metres NA68D/448
Lot 2 DP 119658 2 886 square metres NA68D/449
Lot 3 DP 119568 1 110 square metres NA68D/450
Lot 4 DP 119568 4 770 square metres NA68D/451
Lots 1 to 4 DP 25871 2 716 square metres NA767/226
Lots 1 to 5 Block II Deeds Plan 226 2 711 square metres NA767/233
Lots 7 to 11 Block II Deeds Plan 226 2 179 square metres NA767/243
Lot 36 DP 131567 253 square metres NA77A/404
Lot 4 DP 133386 135 square metres NA78C/318
Lot 5 DP 133386 100 square metres NA78C/319
Lot 6 DP 133386 251 square metres NA78C/320
Lot 7 DP 133386 22 square metres NA78C/321
Lot 8 DP 133386 3 square metres NA78C/322
Lot 9 DP 133386 3 square metres NA78C/323
Lot 10 DP 133386 292 square metres NA78C/324
Lot 26 DP 133386 2 753 square metres NA78C/340
Lot 29 DP 134894 505 square metres NA79C/560
Lot 1 DP 135460 3 527 square metres NA79D/768
Lot 2 DP 135460 1.1065 hectares NA79D/769
Lot 3 DP 135460 4 176 square metres NA79D/770
Lot 4 DP 135460 1 000 square metres NA79D/771
Lot 1 DP 144810 8 850 square metres NA85D/803
Lot 2 DP 144810 4 642 square metres NA85D/804
Lot 3 DP 144810 3 203 square metres NA85D/805
Lot 4 DP 144810 3 113 square metres NA85D/806
Lot 5 DP 144810 4 185 square metres NA85D/807
Lots 1 and 2 DP 34256 8 559 square metres NA894/195
Lot 1 DP 153424 1.1280 hectares NA91C/307
Lots 6 to 9 DP 27338 3 509 square metres NA974/132
Lots 10 to 14 DP 27338 4 386 square metres NA974/133
Lots 45 to 48 DP 27338 2 386 square metres NA974/137
Lot 1 DP 137407 9 468 square metres NA81B/907
Lot 35 DP 131567 and Section 4 SO Plan 427663 1 741 square metres 5218125
Lot 34 DP 131567 and Section 6 SO Plan 427663 2 175 square metres 521526
North Wharf (located on Jellicoe Street between Halsey Street and Daldy Street)    
Wynyard Wharf (located on Brigham Street)    
Cement Wharf (located at the western end of Jellicoe Street)    

Schedule 3
Land relating to Regional Facilities Auckland

cl 14

Part 1
Land vested in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland)

Description Area (more or less) Title document

Auckland Art Gallery

Allotment 14 Section 13 City of Auckland

 3 645 square metres NA14B/1135

Auckland Zoo

Lot 3 DP 168863

 16.3562 hectares NA102C/994

Auckland Zoo

Lot 4 DP 168863

 615 square metres NA102C/995

Auckland Zoo

Lot 5 DP 168863

 1 164 square metres NA102C/996

Auckland Zoo

Lot 6 DP 168863

 666 square metres NA102C/997

Auckland Zoo

Lot 15 DP 168863

 2 690 square metres NA103A/4

Civic Theatre

Lot 1 DP 199399

 3 555 square metres NA128A/478

Aotea Centre

Part Lot 13 and Lot 14 DP 21520, Lot 2 DP 86062, Part Lot 3 DP 86062, Lot 3 DP 87203, part Allotment 24 Section 30 City of Auckland, situated in Block XVI, Waitemata Survey District

 6 507 square metres 

Part 1168/42 and 43D/644, and all 43D/643, 44D/945, and 40C/643, shown marked A on SO Plan 58840

Western Springs Stadium

Lot 10 DP 168863

 8.7286 hectares NA102C/999

Western Springs Stadium

Lot 12 DP 168863

 6.3235 hectares NA103A/1

Registered lease of Vector Arena

Lot 27 DP 189212

 4 967 square metres D303502.5L

TelstraClear Pacific Events Centre

Lot 7 DP 323900

 2 182 square metres 124954

TelstraClear Pacific Events Centre

Lot 1 DP 363898

 3.2062 hectares 259961

TelstraClear Pacific Events Centre

Lot 2 DP 363898

 6.0010 hectares 259962

North Harbour Stadium

Lot 1 DP 171393, Section 1–2 SO Plan 68132 and Section 1 SO Plan 38677

 23.0050 hectares NA133C/568

Bruce Mason Centre

Unit A and AU 3, 7 and 11 and 1/4 share in AU 4 and 1/4 share in AU 8 DP 181347

 strata NA112C/27

Unit D and 15/100 share in AU 4 and 1/4 share in AU 8 and 1/2 share in AU 9 and 1/2 share in AU 10, DP 181347

 strata NA112C/30

Bruce Mason Centre

Lot 2 DP 179030

 6 248 square metres NA110B/796

Waitakere Trusts Stadium

Lot 1 DP 120491

 1.5991 hectares NA69D/261

Waitakere Trusts Stadium

Lot 2 DP 119782

 2.0171 hectares NA68D/689

Museum of Transport and Technology

Lot 1 DP 88398

 2.8668 hectares NA45D/561

Part 2
Land not vested in Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland)

Description Area (more or less) Title document

Mount Smart Stadium

Allotment 59 Section 17 Suburbs of Auckland situated in Block I Otahuhu Survey District SO Plan 57628

 22.4137 hectares 

Gazette 1983, p 2590

Auckland Town Hall

Allotment 57 Section 29 Suburbs of Auckland

 733 square metres No title

Aotea Square

Lot 3 DP 199399 and Lot 1 DP 200296

 strata NA128A/480

TelstraClear Pacific Events Centre

Sections 1 and 2 SO Plan 361058

 12.8389 hectares 

440697

440698

North Shore Events Centre

Lots 2, 5, 6, and 7 DP 150598

 5.9795 hectares 

NA92B/924

NA92B/927

NA92B/928

NA92B/929

Waitakere Trust Stadium

Lot 1 DP 103931

Allotment 693 Parish of Waipareira

 8.3206 hectares 

NA57C/55

NA54A/1405

Auckland War Memorial Museum

Areas marked A and Existing lease on SO Plan 70808

 1.6691 hectares NA75C/138

Museum of Transport and Technology

Lot 1 DP 206507

 11.0054 hectares NA 134D/49

Auckland Observatory and Planetarium

Part Allotment 54 Section 12 Suburbs of Auckland

 48.5370 hectares 

Gazette 1980, p 313

Maritime Museum

Lot 3 DP 153316

 1 006 square metres NA91C/81

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.

This order resolves further matters relating to the reorganisation of local government in Auckland in accordance with powers delegated to the Governor-General under the Local Government (Tamaki Makaurau Reorganisation) Act 2009 (the Act).

Subpart 3 of Part 3 of the Act provides for the dissolution of the existing local authorities and other local government organisations within Auckland. Generally, on their dissolution, the functions, duties, powers, interests, property, rights, liabilities, etc, of each entity become those of the Auckland Council, or an identified receiving entity, on 1 November 2010.

However, exceptions to this general rule apply both in the Act and where an Order in Council so provides. Accordingly, this order sets out some of the exceptions to the general rule and specifies the assets, liabilities, or other matters to be vested in council-controlled organisations of the Auckland Council, and any conditions in relation to those vestings.

In accordance with sections 36(2)(b) and 39(2)(b) of the Act, this order comes into force on 1 November 2010.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 7 October 2010.

This order is administered by the Department of Internal Affairs.