Local Government (Tamaki Makaurau Reorganisation) Terminating Organisations Order 2010

2010/359

Crest

Local Government (Tamaki Makaurau Reorganisation) Terminating Organisations 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 section 43(2) 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 being satisfied of the matters in section 43(4)(a) of that Act and having first consulted the Auckland Transition Agency under section 43(4)(b) of that Act).

Order

1 Title
  • This order is the Local Government (Tamaki Makaurau Reorganisation) Terminating Organisations Order 2010.

2 Commencement
  • This order comes into force on 31 October 2010.

3 Interpretation
4 Schedule 4 of Act amended
  • Schedule 4 of the Act is amended by inserting the items set out in the Schedule of this order in their appropriate alphabetical order.


Schedule 
Amendments to Schedule 4 of Local Government (Tamaki Makaurau Reorganisation) Act 2009

cl 4

Terminating organisation Receiving entity
Aotea Centre Board of Management Regional Facilities Auckland Limited (in its capacity as trustee of Regional Facilities Auckland)
ARTNL Britomart Limited Auckland Transport
Auckland Regional Holdings Auckland Council
Auckland Transport Infrastructure Limited Auckland Waterfront Development Agency Limited
Enterprise North Shore Trust Auckland Tourism, Events and Economic Development Limited
Manukau Building Consultants Limited Auckland Council
Manukau Enterprise and Employment Trust Auckland Tourism, Events and Economic Development Limited
Manukau Leisure Services Limited Auckland Council
NSC Holdings Limited Auckland Council
Rodney Properties Limited Auckland Council
Sea + City Projects Limited Auckland Waterfront Development Agency Limited
TMPL (Flat Bush) Limited Auckland Council
Tomorrow's Manukau Properties Limited Auckland Council
Waitakere City Holdings Limited Auckland Council
Waitakere Enterprise Trust Board Auckland Tourism, Events and Economic Development Limited
Waitakere Properties Limited Auckland 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.

This order amends Schedule 4 of the Local Government (Tamaki Makaurau Reorganisation) Act 2009 (the Act). Schedule 4 of the Act lists terminating organisations and their corresponding receiving entities. Each terminating organisation described in Schedule 4 is a council-controlled organisation of 1 or more of the Auckland local authorities that cease to exist on 1 November 2010 (an existing local authority). On that date, under section 38 of the Act, the property, interests, rights, liabilities, etc, of each terminating organisation become the property, interests, rights, liabilities, etc, of its receiving entity.

Section 43(2)(a) and (b) of the Act empower the Governor-General, by Order in Council, to amend Schedule 4 of the Act to—

  • identify further council-controlled organisations (including council-controlled organisations owned or controlled by 1 or more terminating organisations or by 1 or more existing local authorities and 1 or more terminating organisations) as terminating organisations by inserting their names in the first column of Schedule 4; and

  • identify in the second column of Schedule 4 their corresponding receiving entities (which must be entities described in section 43(2)(b)(i) to (iii) of the Act).

Accordingly, this order identifies a further 16 council-controlled organisations as terminating organisations and 5 entities as their receiving entities. The order comes into force on 31 October 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.