Community Trusts (Boundary Adjustment) Order 2020

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2020/42

Coat of Arms of New Zealand

Community Trusts (Boundary Adjustment) Order 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 16th day of March 2020

Present:
Her Excellency the Governor-General in Council

This order is made under section 16A of the Community Trusts Act 1999

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the advice of the Minister of Finance given under section 16A(5) of that Act.

Order

1 Title

This order is the Community Trusts (Boundary Adjustment) Order 2020.

2 Commencement

This order comes into force on 16 April 2020.

3 Interpretation

In this order,—

Community Trust South means the community trust called by that name immediately before the commencement date that was established by a deed of trust dated 30 May 1988

Otago Community Trust means the community trust called by that name immediately before the commencement date that was established by a deed of trust dated 28 August 2000.

4 Approval of scheme to adjust adjoining boundaries of Community Trust South and Otago Community Trust

The scheme to adjust the adjoining boundaries of the Community Trust South and the Otago Community Trust is approved for the purposes of section 16A of the Act so that the areas of the community trusts are adjusted to the areas described in the Schedule.

5 Date of boundary adjustment under scheme

For the purposes of section 16A(6)(a) of the Act, 16 April 2020 is the commencement date.

Schedule Adjusted areas

cl 4

Part 1 Description of area of Community Trust South

All that area comprising—

(a)

the districts of the following councils which are constituted by the Local Government Act 1974 as at 1 June 2019 being:

Invercargill City Council;

Southland District Council;

Gore District Council;

(b)

the Queenstown Ward of Queenstown Lakes District;

(c)

that part of West Otago Ward of Clutha District which is—

west of a line commencing at a point in the Rankle Burn, on the eastern boundary of the Ward, at NZTM 1319150mE 4905174mN; thence north by right line to the south-west corner of Lot B DP 1845 (Otago); thence north-east and north along the south-eastern and eastern boundaries of Block XIV Crookston Survey District to the south-eastern corner of Pt Section 8 of the said Block XIV; thence north-westerly by right line through Trig O in Block VI Crookston Survey District and the production of that line to its intersection with the northern boundary of Section 57 Block VI Benger Survey District, a point on the northern boundary of the said Ward. And south of a line commencing at a point in the Pomahaka River, on the north-eastern boundary of the Ward, at NZTM 302196mE 4936982mN; thence south-westerly along the middle line of the Pomahaka River to a point at NZTM 1299453mE 4934407mN; thence northerly by right line to a point on the southern boundary of Run 609 at NZTM 1299419mE 4934487mN; thence generally north-westerly along the generally south-westerly boundary of Run 609 to a point at NZTM 1293370mE 4940085mN; thence due west by right line to its intersection with the eastern boundary of Southland District; and

(d)

that part of the Clinton Ward of Clutha District which is—

north of a line commencing at a point in the Waipahi River at NZTM 1301265mE 4882278mN thence by right line to a point on the northern boundary of Lot 2 DP 22284 (Otago) at NZTM 1303143mE 4882623mN; thence easterly and south-easterly along the northern boundary of the said Lot 2 to its eastern-most corner; thence north to the northern-most point of Lot 1 DP 332243 (Otago); thence south-easterly along the north-eastern boundaries of the said Lot 1, Section 19 Block XVI Waipahi Survey District and Lot 4 DP 332243 to the easternmost point of the said Lot 4; thence by right line to a point on the middle line of Waipahi Station Road at NZTM 1308288mE 4880581mN; thence generally north-easterly along the middle line of the said Road to a point in line with the south-western boundary of Section 23 Block VI Waipahi Survey District; thence by right line to the south-western corner of Section 6 Block VI Waipahi Survey District; thence north and east along the west and north boundaries of the said Section 6 to its north-eastern corner; thence east along the north boundary of Section 29 Block VI Waipahi Survey District to its north-eastern corner; thence north-easterly by right line to a point on the Clinton Ward boundary at NZTM 1311957mE 4882767mN.

Part 2 Description of area of Otago Community Trust

All that area comprising—

(a)

Waitaki, Central Otago, and Dunedin Districts;

(b)

Queenstown Lakes District excepting the Queenstown Community area;

(c)

Clutha District excepting those parts described as—

(i)

the part of the West Otago Ward, west of a line commencing at a point in the Rankle Burn at NZTM 1319150mE 4905174mN; thence north by right line to the south-west corner of Lot B DP 1845 (Otago); thence north-east and north along the south-eastern and eastern boundaries of Block XIV Crookston Survey District to the southeastern corner of Pt Section 8 of the said Block XIV; thence north-westerly by right line through Trig O in Block VI Crookston Survey District and the production of that line to its intersection with the northern boundary of Section 57 Block VI Benger Survey District, a point on the northern boundary of the said Ward. And, south of a line commencing at a point in the Pomahaka River, on the north-eastern boundary of the said Ward, at NZTM 1302196mE 4936982mN; thence south-westerly along the middle line of the Pomahaka River to a point at NZTM 1299453mE 4934407mN; thence northerly by right line to a point on the southern boundary of Run 609 at NZTM 1299419mE 4934487mN; thence generally north-westerly along the generally south-western boundary of Run 609 to a point at NZTM 1293370mE 4940085mN; thence due west by right line to its intersection with the western boundary of Clutha District; and

(ii)

the part of Clinton Ward north of a line commencing at a point in the Waipahi River at NZTM 1301265mE 4882278mN; thence by right line to a point on the northern boundary of Lot 2 DP 22284 (Otago) at NZTM 1303143mE 4882623mN; thence easterly and south-easterly along the northern boundary of the said Lot 2 to its eastern-most corner; thence north to the northern-most point of Lot 1 DP 332243 (Otago); thence south-easterly along the north-eastern boundaries of the said Lot 1, Section 19 Block XVI Waipahi Survey District and Lot 4 DP 332243 to the easternmost point of the said Lot 4; thence by right line to a point on the middle line of Waipahi Station Road at NZTM 1308288mE 4880581mN; thence generally north-easterly along the middle line of the said Road to a point in line with the south-western boundary of Section 23 Block VI Waipahi Survey District; thence by right line to the south-western corner of Section 6 Block VI Waipahi Survey District; thence north and east along the west and north boundaries of the said Section 6 to its north-eastern corner; thence east along the north boundary of Section 29 Block VI Waipahi Survey District to its north-eastern corner; thence north-easterly by right line to a point on the Clinton Ward Boundary at NZTM 1311957ME 4882767MN.

Michael Webster,
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, which comes into force on 16 April 2020, approves an adjustment to the adjoining boundaries of the areas of the Community Trust South and the Otago Community Trust. The adjustment was proposed by the 2 community trusts in a scheme submitted to the Minister of Finance under section 16A of the Community Trusts Act 1999.

The areas of the 2 community trusts are adjusted to align with the areas described in the Schedule of this order and the proposed changes to the trust deed submitted to the Minister of Finance under section 16A(2)(e) of that Act. The adjustment takes effect on the commencement date.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 March 2020.

This order is administered by the Department of Internal Affairs.