Local Government (Tamaki Makaurau Reorganisation) Watercare Services Limited Vesting Order 2010: revoked, on 2 November 2010, pursuant to section 8 of the Local Government (Tamaki Makaurau Reorganisation) Act 2009 (2009 No 13).

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

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This order is administered by the Department of Internal Affairs.

Pursuant to section 37 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).

1	Title
2	Commencement
3	Interpretation
4	Meaning of assets, liabilities, and other matters
5	Vesting of assets, liabilities, and other matters in Watercare Services Limited
6	Limits on vestings made under clause 5
7	Total liability of existing local authorities and corresponding debt owed by Watercare to Auckland Council
	Schedule Land vested in Watercare Services Limited
	Explanatory note
	Gazette Information
	Notes

Order

1 Title

This order is the Local Government (Tamaki Makaurau Reorganisation) Watercare Services Limited Vesting Order 2010.

2 Commencement

In accordance with section 37(3)(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,—

Act means the Local Government (Tamaki Makaurau Reorganisation) Act 2009

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

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

existing local authority means 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

water supply and wastewater services has the same meaning as in section 37(5) of the Act

Watercare means Watercare Services Limited.

4 Meaning of assets, liabilities, and other matters

In this order, 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 a council-controlled organisation of the Auckland Council by an Order in Council made under section 36(1) of the Act.

5 Vesting of assets, liabilities, and other matters in Watercare Services Limited

(1)

On and from 1 November 2010, the assets, liabilities, and other matters that, immediately before the close of 31 October 2010, are used for or relate to the water supply and wastewater services of each existing local authority vest in or otherwise attach to Watercare.

(2)

Without limiting subclause (1), on and from 1 November 2010, the land described in the Schedule vests in Watercare.

(3)

Without limiting subclause (1), on and from 1 November 2010, the following property of the Franklin District Council vests in Watercare:

(a)

the Pukekohe wastewater treatment plant and trunk sewer comprising computer freehold registers NA 2072/21 and NA 84D/709; and

(b)

the bore and water treatment plant at 1473 Waiuku Road; and

(c)

the reticulation supply systems commonly known as the Waiuku reticulation supply system, the Pukekohe reticulation supply system, and the Buckland reticulation supply system.

(4)

This clause is subject to clause 6.

6 Limits on vestings made under clause 5

(1)

Nothing in clause 5 vests in or otherwise attaches to Watercare 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)

Nothing in clause 5 vests in or otherwise attaches to Watercare a liability or obligation to the extent that the performance of the liability or obligation would be inconsistent with Watercare’s functions, duties, or powers under the Local Government (Auckland Council) Act 2009, or any other enactment.

7 Total liability of existing local authorities and corresponding debt owed by Watercare to Auckland Council

(1)

The total liability of the existing local authorities for the purposes of section 37(2)(a) of the Act is $341.6 million.

(2)

The corresponding debt owed by Watercare to the Auckland Council is $341.6 million.

Schedule Land vested in Watercare Services Limited

cl 5(2)

Description and street address	Legal description	Area in square metres (more or less)	Title document (North Auckland Land District)
Auckland City Council land
Wastewater Treatment Plant 61 Ocean View Road, Waiheke	Lot 37 DP 183455	75 951	NA114B/605
Wastewater Pump Station 12B Himalaya Crescent	Lot 2 DP 155944	163	NA93A/734
Water Reservoir 410 Hillsborough Road	Lot 2 DP 72239	871	NA28C/1196
Wastewater Pump Station Behind 4 Sage Road, Mission Bay	Part Lot 64 Deeds Plan 326	52	NA593/186
Wastewater Pump Station 427A Riddell Road	Lot 1 DP 44973	38	NA1513/1
Wastewater Pump Station 203 Portland Road, Remuera	Lot 10 DP 43762	81	NA1340/32
Wastewater Pump Station 155A Portland Road, Remuera	Lot 1 DP 50955	190	NA1B/65
Wastewater Pump Station 64 John Rymer Place	Lot 65 DP 163245	422	NA98B/948
Wastewater Pump Station 3A Tonks Street	Lot 6 DP 52624	9	NA24A/984
Water Reservoir 34A Waimarie Street	Lot 2 DP 58429	309	NA12D/1411
Wastewater Pump Station 1018A Great South Road	Section 57 Block VI Otahuhu Survey District	124	NA13D/672
Wastewater Pump Station 24 Kenley Place	Lot 2 DP 57474	157	NA12A/1072
Wastewater Pump Station 11A Lidcombe Place	Lot 55 DP 56763	422	NA10C/392
Wastewater Pump Station 50 Esmeralda Avenue	Lot 102 DP 55827	513	NA11A/867
Wastewater Pump Station 589A Rosebank Road	Part Lot 4 DP 48034	139	NA1D/1370
Wastewater Pump Station 401 Rosebank Road	Lot 1 DP 56617	1 457	NA9A/1262
Wastewater Pump Station 102 Walker Road	Lot 50 DP 56375	104	NA8C/491
Wastewater Pump Station 100 Patiki Road	Part Lot 18 DP 11224	1 234	NA17A/985
Wastewater Pump Station 36 Mead Street	Part Lot 1 DP 60961	91	NA16B/1460
Wastewater Pump Station 72C Holly Street	Lot 86 DP 60205	25	NA15C/954
Wastewater Pump Station 105A Holly Street	Lot 83 DP 59052	28	NA14A/1419
Wastewater Pump Station 39A Timothy Place	Lot 13 DP 59086	316	NA14A/143
Wastewater Pump Station 12 Sceptre Place	Lot 18 DP 84203	261	NA40B/1301
Franklin District Council land
Wastewater Pump Station 10 Cape Hill Road, Pukekohe	Lot 1 DP 48392	412	NA1866/48
Wastewater Pump Station 28 Fernleigh Avenue, Waiuku	Lot 34 DP 66152	17	NA24C/1115
Wastewater Pump Station Torkar Road, Clarks Beach	Allotment 132 Parish of Waiau	49	NA70A/92
Water Reservoir 106 Paparata Road, Bombay	Part Allotment 8 Suburban Section 3 Parish of Opaheke	81	Gazette 1980, p 2186
Water Reservoir 83 Victoria Avenue, Waiuku	Lot 2 DP 134302	5 151	NA79B/250
Water Reservoir and Pump station 176 Kitchener Road, Pukekohe	Lot 1 DP 45175	883	NA1548/43
	Lot 1 DP 32430	675	NA832/216
Water Reservoir and Pump Station Anzac Road, Pukekohe	Lot 1 DP 85420	1 035	NA41C/708
Water Reservoir Jutland Road, Pukekohe	Lot 1 DP 41719	640	NA1121/273
Water Treatment Plant 66 Dublin Street, Pukekohe	Allotment 146 Suburban Section 1 Parish of Pukekohe Allotment 2, Part Allotment 1 and Part Allotment 40–41 Suburban Section 1 Parish of Pukekohe	34 114	NA38A/1135 NA768/203
Water Treatment Plant 62 Barber Road, Bombay	Part Lot 2 DP 7 shown as A on SO 57982	224	Gazette 1984, p 2268
Wastewater Treatment Plant and 2 pump stations Stella Drive, Clarks Beach	Lot 8 DP 77055	29 545	NA33C/100
Wastewater Treatment Plant and 2 pump stations Williams Road, Glenbrook	Lot 1 DP 73307 and Lot 1 DP 154681	174 900	NA92B/786
Wastewater Treatment Plant Kingseat Road, Patumahoe	Lot 1 DP 107819	73 040	NA60A/679
Proposed Water Reservoir Site 57 Adams Road South, Pukekohe	Lot 1 DP 71280	2 111	NA27C/1126
Manukau City Council land
Wastewater Pump Station 48 Miro Road, Mangere	Section 1 SO 394765	12	393717
Wastewater Pump Station 46A Pakuranga Road, Sunnyhills	Lot 10 DP 56496	276	NA9A/1392
Wastewater Pump Station 12 Pelorus Place, Edgewater	Lot 328 DP 49975	513	NA2034/48
Wastewater Pump Station 33A Browns Road, Manurewa	Lot 24 DP 48966	817	NA2092/55
Wastewater Pump Station 7 Undine Street, Edgewater	Lot 61 DP 49217	961	NA2063/50
Wastewater Pump Station 96 Cryers Road, East Tamaki Heights	Lot 1 DP 67180	83	NA50B/41
Wastewater Pump Station 9 Luke Place, Otara North	Lot 21 DP 49381	1 229	NA26A/1350
Wastewater Pump Station 11 Ramona Mews	Lot 54 DP 166979	339	NA101B/379
Wastewater Pump Station 13 Karaka Road	Section 1 SO 69614	80	NA125B/882
Wastewater Pump Station 4 Beach Road, Mangere	Part Lot 4 DP 40330	76	Gazette 1967, p 12
North Shore City Council land
Wastewater Pump Station 15 Barry’s Point Road	Lot 7 DP 44616	855	NA1830/38
Wastewater Pump Station 102 Wairau Road	Lot 3 DP 46840	1 611	NA1807/15
Wastewater Pump Station 21 Alma Road	Lot 6 DP 46541	1 135	NA118B/984
Wastewater Pump Station 5 Manly Esplanade	Lot 1 DP 52275	359	NA3A/1351
Wastewater Pump Station 10 Sidmouth Street	Lot 2 DP 91987	510	NA48D/109
Wastewater Pump Station 2 Sulphur Beach Road	Lot 1 DP 311198	734	44123
Wastewater Storage Tanks and Communications Facility 19 and 21 Kahika Road	Lot 2 DP 209261 and Block VII Waitemata Survey District, SO 44717	4 467	NA137B/254 Gazette 1965, p 1599
Wastewater Pump Station 10 Kristen Lane	Lot 1 and 2 DP 204886	1 431	NA133C/485
Wastewater Pump Station 500 Albany Highway	Lot 1 DP 160889	1 820	NA96C/922
Wastewater Pump Station 73A Norwood Road	Lot 2 Deeds T69 limited to parcels	1 012	NA770/102
Wastewater Pump Station 23 Alfred Street	Lot 1 DP 77223	272	NA33C/932
Wastewater Pump Station 113 Island Bay	Lot 2 DP 53363	645	NA8D/595
Wastewater Pump Station 18 Havenwood Place	Lot 1 DP 68918	1 692	NA25A/682
Wastewater Pump Station 33 Chester Avenue	Lot 1 DP 157979	125	NA95B/257
Water Supply Pump Station 192 Browns Bay Road	Part Allotment 251A Parish of Takapuna and defined on DP 24582	7 019	NA934/198
Water Reservoir 178 to 184 East Coast Road	Lot 1 DP 194255, Lot 4, 5, and 6 DP 18077	5 019	NA121C/576
Water Supply Site 56 The Avenue	Part Allotment 35 Parish of Paremoremo	2 249	Gazette 1982, p 2507
Wastewater Treatment Plant 2 Jack Hinton Drive, Albany	Lot 1–2 DP 46899, Lot 1 DP 48673, Allotment 475 Parish of Takapuna, Lot 1 DP 174315, Allotment 476 and Allotment 591–592 Parish of Takapuna, Lot 2 DP 174315	1 053 576	NA105B/252
	Lot 1 DP 45227		NA4D/108
	Part Allotment 32A Parish of Paremoremo		NA581/190
Papakura District Council land
Water Reservoir 353 Kaipara Road, Papakura	Allotment 140A Parish of Opaheke	5 055	NA55B/1475
Rodney District Council land
Water Supply Dam 215 Mangakura Road	Part Lot 1–2 DP 25269	635 893	NA2026/75
Water Treatment Plant 2 James Street	Lot 6 DP 205704	3 433	NA134A/280
Water Treatment Plant 3 Audrey Luckens Lane	Lot 3 DP 115251	4 851	NA65C/469
Water Treatment Plant 118 Hamilton Road	Part Lot 1 DP 165465 Section 1 SO Plan 360859	1 171	301863
Water Treatment Plant 362 Wayby Valley Road	Lot 1 DP 52819	2 049	NA31C/1069
Water Treatment Plant 6 Brown Road	Part Lot 91 DP 22316 Section 1 SO 350931	3 061	247801
Wastewater Treatment Plant 71 Kaipara Coast Highway	Section 50 Block XIV Kaipara Survey District	114 620	NA24C/389
Wastewater Treatment Plant 1535 Whangaparaoa Road	Allotment 695 SO Plan 54377	174 661	Gazette 1979, p 2090
	Section A SO Plan 66671		Gazette 1993, p 1174
Wastewater Treatment Plant 64 Jones Road	Lot 1 DP 134166	541 599	NA79A/960
Wastewater Treatment Plant 55 Alnwick Street	Part Allotment 68 Parish of Mahurangi	6 993	NA42A/1065
Wastewater Treatment Plant End of Hamatana Road	Lot 3 DP 193583	35 120	NA123A/53
Wastewater Treatment Plant Opposite 135 Weranui Road, Waiwera	Part Old Waiwera River Bed Block III Waiwera Survey District SO 52682	21 780	GNB056131.1
Wastewater Treatment Plant 3 and 4 Denehurst Drive, Waimauku	Lot 20 DP 178692	3 924	NA110A/811
	Lot 3 DP 178692		NA110A/803
Wastewater Treatment Plant 1494 State Highway 1, Wayby Valley	Lot 3 DP 64870	140 957	NA24A/226
Water Reservoir 20 View Road, Warkworth	Lot 1 DP 62696	4 176	NA18C/1265
Water Reservoir 1170 Whangaparaoa Road	Lot 4 DP 142080	4 004	NA85A/762
Water Reservoir Worthington Road (in field behind 21 Matheson Road)	Lot 1 DP 57349	3 318	NA12A/776
Water Reservoir Between 156 and 166 Wishart Road, Helensville	Section 52 Block XIV Kaipara Survey District	2 967	NA24C/874
Two Water Reservoirs Reserve between 104A and 104 Wade River Road	Allotment 651 Parish of Waiwera	1 219	NA24C/875
Water Reservoir Opposite 100 Wainui Road	Part Allotment 334 Parish of Waiwera and Part DP 9642	660	NA88C/700
Water Reservoir 1002 Hibiscus Coast Highway	Allotment 660 Parish of Waiwera SO 47702	892	Gazette 1974, p 1342
Wastewater Pump Station 84 Foundry Road	Lot 2 DP 183687	682	NA114D/290
Wastewater Pump Station 31 Cornel Circle	Lot 4 DP 54042	1 024	NA11A/913
Wastewater Pump Station End of Brigitte View	Allotment 434 Parish of Mahurangi	602	NA51B/1445
Wastewater Pump Station 375 Rodney Street (SH1)	Allotment 294 Parish of Oruawharo	86	NA47A/312
Wastewater Outfall Opposite 32 Kaipara Coast Highway	Lot 1 DP 73357	64	NA29B/1295
Wastewater Pump Station 39 Kowhai Street	Part Lot 7 DP 45027	1 467	NA90D/520
Wastewater Pump Station 42 Whitaker Road	Part Lot 1 DP 78829 SO 53537	377	Gazette 1979, p 3071
Waitakere City Council land
Wastewater Pump Station 4 Bedford Street	Lot 33 DP 47729	1 313	NA1865/58
Wastewater Pump Station 84 Glen Marine Parade	Lot 168 DP 54417	164	NA12D/1216
Wastewater Pump Station 30 Bancroft Crescent	Lot 4 DP 75335	880	NA31B/31
Wastewater Pump Station Opposite 132 Archibald Road	Allotment 620 Parish of Waikomiti	1 214	NA16A/552
Wastewater Pump Station 47 Philip Avenue	Marked “A” on SO 53569	473	Gazette 1979, p 1894
Wastewater Pump Station 41 McEldowney Road, Davies Bay	Part Lot 17 DP 110471 SO 63177	87	Gazette 1994, p 1636
Wastewater Pump Station 10 Clearwater Cove	Lot 14 DP 110480	582	NA62B/347
Wastewater Pump Station 8 Hugh Brown Drive	Lot 23 DP 20556	1 012	NA1111/241
Water Reservoir 1076 Huia Road	Allotment 209 Parish of Karangahape	1 457	NA33A/812
Water Reservoir 272 Scenic Drive	Lot 2 DP 57315	7 317	NA11B/1475
	Lot 1 DP 57315		NA11B/1474
	Lot 7 DP 57315		NA61A/880
Water Reservoir and Booster 880 Scenic Drive	Allotment 630 Parish of Waipareira	1 046	NA42C/1061
Two Water Reservoirs 19 Bush Road	Lot 11 DP 45396	7 941	NA26D/1206
	Lot 10 DP 45396		NA1547/44
	Part Lot 3 DP 54784 SO 48699		Gazette 1974, p 117
Two Water Reservoirs 126 McEntee Road	Part Allotment 168 Parish of Waipareira SO 52693 and Part Lot 2 DP 134630 Section A SO 53391	1 450	Gazette 1978, p 1573 and Gazette 1992, p 4452
Wastewater Pump Station 161C Colwill Road	Part Lot 8 DP 16942 SO 47474	1 085	Gazette 1973, p 1419
Water Reservoir 270 Don Buck Road	Part Section 30 SO 49939	2 930	Gazette 1979, p 381

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 vests in Watercare Services Limited, on and from 1 November 2010, certain assets, liabilities, and other matters of the Auckland local authorities (the existing local authorities) that are being dissolved as a result of the reorganisation of local government within the Auckland region.

The assets, liabilities, and other matters vested under the order are those that are used for or relate to the water supply and wastewater services of each existing local authority immediately before the close of 31 October 2010.

The order also separately provides that Watercare Services Limited owes a debt to the Auckland Council of $341.6 million.

The order comes into force on 1 November 2010. This is the same date as the existing local authorities are dissolved and the Auckland Council is established.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 7 October 2010.

Notes

1 General

This is a consolidation of the Local Government (Tamaki Makaurau Reorganisation) Watercare Services Limited Vesting Order 2010 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Local Government (Tamaki Makaurau Reorganisation) Act 2009 (2009 No 13): section 8

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Local Government (Tamaki Makaurau Reorganisation) Watercare Services Limited Vesting Order 2010