Local Government Commission’s Findings On County Boundary Problem: Opotiki’s Plan Adopted

Bay of Plenty Beacon, Volume 12, Issue 82, 16 August 1948, Page 5

Local Government Commission’s Findings On County Boundary Problem: Opotiki’s Plan Adopted

Findings of the Local Government Commission which sat at Whakatane on April 30 last to consider petition of Wainui settlers for the adjustment of the Whakatane-Opotiki County boundary recommended ihe transfer from Opotiki to Whakatane of the area between the Wainui road and Ohope Beach, including the Ohiwa Peninsula, but not the Opotiki portion of the Wainui district..

The area thus to be ceded is that suggested by Opotiki County Council representatives at the hearing, and the move will be of undeniable benefit when Ohope’s expansion reaches its expected peak, but there will certainly be some disappointment amongst the Wainui settlers themselves, who were keen on having the whole of their area under one authority.

The Commission consists, of Messrs. I. J. Goldstine (chairman), .J. W. Andrews and W. G. E. George. Mr. T. E. Hamerton of Taneatua repesented the Whakatane County Council. The Opotiki County Council was represented by Mr. N. V. Hodgson. The following report has been issued by- the Commission for publication :

I.—Historicail Background' The Inquiry held by the Commission had its origin in a petition by the chairman, councillors-and inhabitants of the County of Whakatane, dated 23rd September, 1947, with which was enclosed a petition from certain residents of the Opotiki County to the Whakatane County Council praying that an area of land in the County of Opotiki be transferred to the County of Whakatane. The petition was lodged under the Counties Act 1920. The area involved was situated in the Opotiki County on the eastern boundary of the Whakatane County. Land fronting the Ohiwa Harbour north of the Wainui Road is included in the Opotiki County. The area south of the Wainui Road is in the Whakatane County. The Wainui thus forms a boundary between the two Counties. On the eastern side of the Whakatane County the boundary is formed by a county road from this Wainui Road to the Ohope Beach. The residents of the area, in

terms of the .Counties Act, petitioned the Whakatane County to agree to their inclusion in that county. The prayer of this petition was agreed to by the Whakatane County by resolution dated 27th. May 1947. In terms of The Counties Act, the Whakatane County then communicated . with the Opotiki County and requested its concurrence in the proposed boundary adjustment., The Opotiki County did not agree to the proposed exclusion, but submitted a counter-pro-posal offering a smaller area of land, in particular the area of the land which includes the Ohiwa Peninsula and the land between. the Wainui Road and Ohope Beach, but excluding the Wainui and adjacent districts. This counter proposal was unacceptable to the petitioners and the Whakatane County Council. As the Opotiki County persisted in its refusal to agree to the proposals of the petitioners as endorsed by the Whakatane County Council, the question was submitted to the Local Government Commission . under Section 21 of the Local Government Commission Act, for adjudication. 2.—The Evidence The case of the petitioners was that their community of interest lay with Whakatane rather than with Opotiki, that, in fact, they were nearer to Whakatane, and that the area to the south of the Wainui Road was in Whakatane. Further, that since the Wainui area was essentially one, the whole district should be under the control of one

local authority, and the petitioners suggested that that local authority should be Whakatane. Witnesses on behalf of the Whakatane County Council supported the petition, although their evidence did not contain much reference to the Wainui district, but dealt chiefly with the area immediately to the east of the Whakatane County including the county road from the Wainui Road to Ohope Beach and the Ohiwa Peninsula. The Whakatane Council adduced evidence to show that the Ohope Township, which was at present wholly in the Whakatane County, would shortly expand over the border into the Opotiki County, and that it was undesirable for such a township to be divided between two local authorities. The witnesses for the Whakatane County Council also mentioned certain proposals in regard to the provision of a wharf in the Ohiwa Harbour on the southern shore of the Ohiwa Peninsula. This wharf would be solely for the benefit of Whakatane and the area should therefore be under the control of the Whakatane County Council. Witnesses on behalf of the Opotiki County Council, in opposing the petition, agreed that the area of land between the Wainui Road and Ohope Beach, including the Ohiwa Peninsula, should be transferred to the Whakatane County ; but with regard to the remainder of the area, generically known as. the Wainui District, they maintained that the community of interest was not with Whakatane but with Opotiki, since cream supplies from the district were all taken to Opotiki and quite a number of the residents conducted they shopping and commercial dealings in Opotiki, It was agreed by the witnesses for the Opotiki County Council that the Wainui District should be treated as one but they contended that instead of, the Opotiki portion of Wainui being transferred to Whakatane, the Whakatane portion should be transferred to Opotiki. This, however, was not a matter which could be dealt with at this present Inquiry and consequently we express no opinion on the merits of the Opotiki County Council’s contentions in this- respect. The question might however, be further considered by the respective local authorities.

3. —Findings (1) With regard to the Wainui area, we- find that the peti tioners did not substantiate their case, for the inclusion of the Opotiki portion of the Wainui District in ' the Whakatane County. (2) With regard to- the area between the Wainui Road and Ohope Beach including the Ohiwa. Peninsula, we find that this should be transferred from the County of Opotiki to the County of Whakatane. This transfer was agreed to by the Opotiki County Council.