This note is not part of the order, but is intended to indicate its general effect.
This order, which comes into force on 22 March 2013 and is revoked on the close of 30 June 2015, applies to the Christchurch City Council.
This order applies only to the Christchurch City Council (the council) and provides as follows:
Clause 2 provides that the order comes into force on 22 March 2013.
Clause 3 defines terms used in the order.
Clause 4, in effect, exempts the council from the obligation to have a long-term plan under the Local Government Act 2002 while the order is in force. However, before the end of June 2015, the council must adopt a long-term plan for 2015/25.
Clause 5 requires the council to prepare and adopt a plan (to be called the Christchurch City 3-Year Plan) covering the period 1 July 2013 to 30 June 2016. However, the 3-Year Plan remains in force until the close of 30 June 2015. The council must use the special consultative procedure in adopting the 3-Year Plan. It must also use the special consultative procedure in amending the 3-Year Plan, but not for an amendment made to include significant aspects of any agreement between the council and the Government referred to in clause 7(1)(e).
This clause provides, to avoid doubt, that the 3-Year Plan is not a long-term plan for the purposes of the Local Government Act 2002.
Clause 6 provides that the 3-Year Plan is to be treated as if were a long-term plan for the purposes of section 96 of the Local Government Act 2002, which clarifies that matters in a long-term plan do not constitute decisions and do not bind a local authority.
Clause 7 sets out the purpose and content of the 3-Year Plan. Subclause (1)(a), (b), (f), and (g) are the same as required by section 93 of the Local Government Act 2002 for a long-term plan. Subclause (1)(c), (d), and (e) are new and require the 3-Year Plan to—
major capital projects being undertaken to facilitate the recovery from the Canterbury earthquakes; and
other major capital projects being planned; and
the source and use of funding for the purposes of those projects; and
specify the council’s contribution to—
the rebuilding of infrastructure in the council’s district; and
significant projects for the re-establishment of the central city business zone as defined in the Recovery Plan developed under section 17 of the Canterbury Earthquake Recovery Act 2011; and
include the significant aspects of any agreement between the Government and the council that is made while the order is in force and that relates to the rebuilding and projects referred to in the previous bullet points.
This clause provides that if any agreement referred to in subclause (1)(e) is not concluded before the 3-Year Plan is adopted, the significant aspects of it must be included by way of amendment as soon as practicable after being concluded.
Subclause (3) also requires the 3-Year Plan to include other information, some of which would otherwise be included in a long-term plan and some of which would otherwise be included in an annual plan.
Clause 8, in effect, continues clause 8 of the 2011 order in relation to the council’s 2012/13 annual plan. That clause continues certain provisions of the council’s 2009/19 long-term plan until the close of 30 June 2013.
Clause 9 disapplies section 97 of the Local Government Act 2002, which requires decisions about levels of service and the transfer of strategic assets not to be taken unless explicitly provided for in the long-term plan and the proposal to provide for the decision was included in the statement of proposal prepared under section 84 of the Local Government Act 2002.
This clause, which is similar to clause 10 of the 2011 order, provides instead for these decisions to be mandated by the 3-Year Plan (if the decision concerned is in the statement of proposal prepared under section 83 of the Local Government Act 2002), the annual plan (if the decision concerned is in the statement of proposal prepared under section 85 of the Local Government Act 2002), or by use of the special consultative procedure.
Clause 10 provides that, for the first year to which the annual plan relates, the financial statement and funding impact statement included in the 3-Year Plan for that year must be regarded as the council’s annual plan for that year. This clause parallels the general position of the first year of a long-term plan being regarded as an annual plan.
Clause 11 provides that Part 3 of Schedule 10 of the Local Government Act 2002 (which contains requirements relating to annual reports) applies to the council’s 2013/14 and 2014/15 annual reports as if references to the long-term plan were references to the 3-Year Plan.
Clause 12 relates to the pre-election report to be prepared by the council’s chief executive for the 2013 general election of local authority members. The modifications reduce the number of financial years that certain information in the report relates to and exempt the chief executive from the requirement to include a funding impact statement.
Clause 13 provides that the order is revoked on the close of 30 June 2015.