712
THE NEW ZEALAND GAZETTE
No. 23

SCHEDULE
NORTH AUCKLAND LAND DISTRICT
ALL those pieces of land, situated in Block II, Opaheke Survey District, described as follows:
A. R. P.
0 0 5.2 Part Wairoa River Bed; coloured sepia on plan.
0 0 5.1} Parts Wairoa River Bed;
0 0 5.7} coloured yellow on plan.

As shown on plan S.O. 48764, lodged in the office of the Chief Surveyor at Auckland, and thereon coloured as above mentioned.

Given under the hand of His Excellency the Governor-General, and issued under the Seal of New Zealand, this 8th day of March 1978.

[L.S.] W. L. YOUNG, Minister of Works and Development.
GOD SAVE THE QUEEN!
(P.W. 34/3575; Ak. D.O. 15/3/0/48764).

Declaring that the Course of the Wairoa River in Block II, Opaheke Survey District, Franklin County, Shall be Altered or Diverted

KEITH HOLYOAKE, Governor-General

A PROCLAMATION

PURSUANT to section 207 of the Public Works Act 1928, I, the Right Honourable Sir Keith Jacka Holyoake, the Governor-General of New Zealand, hereby proclaim and declare that the course of the Wairoa River shall be altered or diverted within the area of land described in the Schedule hereto.

SCHEDULE
NORTH AUCKLAND LAND DISTRICT
ALL that piece of land containing 36.3 perches, situated in Block II, Opaheke Survey District, and being part Allotments 16 and 17, Otan Parish; as shown on plan S.O. 48764, lodged in the office of the Chief Surveyor at Auckland, and thereon coloured yellow.

Given under the hand of His Excellency the Governor-General and issued under the Seal of New Zealand, this 8th day of March 1978.

[L.S.] W. L. YOUNG, Minister of Works and Development.
GOD SAVE THE QUEEN!
(P.W. 34/3575; Ak. D.O. 15/3/0/48764)

Union of Wallace County and Otatau Town District

KEITH HOLYOAKE, Governor-General

ORDER IN COUNCIL

At the Government Buildings at Wellington this 20th day of March 1978

Present:

THE RIGHT HON. R. D. MULDOON PRESIDING IN COUNCIL

PURSUANT to the Local Government Act 1974, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following order.

ORDER

Commencement

1. This order shall come into force on 1 April 1978.

Constitutional

2. The district of the Town District of Otatau (herein referred to as “the town district”) shall be united with the County of Wallace (herein referred to as “the county”).

3. The area of the town district shall be a community under the jurisdiction of a community council having the name “The Otatau Community”, and shall be part of the Aparima Riding of the County.

4. The Otatau Town Council and the town district shall be dissolved.

Representation

5. The community council for the Otatau Community shall be known as “The Otatau Community Council” and, subject to clause 6 of this order, shall have 6 members.

6. Until the 1980 triennial general election of councillors, the Otatau Community Council shall comprise the persons holding office as councillors of the Otatau Town Council on the day immediately preceding union, and the Chairman of the Otatau Community Council shall be the person who, on that day, was the Chairman of the Otatau Town Council.

Transitional Provisions

7. On the union of the town district with the county:

(a) All property, real or personal, belonging to the corporation of the town district, shall vest in the corporation of the county;

(b) All functions, powers, rights, and duties theretofore vested in, or imposed upon, the Otatau Town Council, which are not inconsistent with the functions, powers, rights, and duties of a county council under the Counties Act 1956, shall vest in, and be imposed upon, the Wallace County Council;

(c) All rates or other money payable to the Otatau Town Council shall be due and payable to the Wallace County Council;

(d) All actions, suits, and proceedings pending, by or against the corporation of the town district, may be carried on, and prosecuted by, or against, the corporation of the county;

(e) The duties, powers, and functions of the Chairman and the Town Clerk of the Otatau Town Council may be exercised by the Chairman and County Clerk of the Wallace County Council respectively;

(f) All the liabilities, contracts, and engagements of the Otatau Town Council shall be liabilities, contracts, and engagements of the Wallace County Council;

(g) All bylaws in force in the town district at the time of the union, which are applicable to the altered circumstances, shall be bylaws of the county, and may be revoked or altered by the Wallace County Council, but until so revoked or altered, every such bylaw shall remain in force in the area only in which it was in force prior to the union; and every bylaw which cannot be restricted to that area shall be deemed inapplicable, and all bylaws which are inapplicable to the altered circumstances shall be deemed to have been revoked by the union;

(h) The valuation rolls, electors’ lists, electors’ rolls, and rate records, in force in the county and the town district, shall continue in force in the county until new valuation rolls, electors’ lists, electors’ rolls, and rate records, are made for the county.

Planning Schemes

8. The Wallace County Council shall not be required forthwith to prepare a new district scheme for the whole of its district as provided by section 28B of the Town and Country Planning Act 1953.

Accounts

9. Notwithstanding anything in this scheme:

(a) The account balances of the corporation of the town district shall become the balances of the Otatau Community account; and

(b) the special funds of the corporation of the town district shall be retained and used in the area of the Otatau Community for the purposes for which they were raised.

Petroleum Tax

10. For the purposes of the Local Authorities (Petroleum Tax) Act 1970, the county shall be the successor of the town district.

P. G. MILLEN, Clerk of the Executive Council.
(I.A. 103/5/324)

The Loburn Irrigation Order 1978

KEITH HOLYOAKE, Governor-General

ORDER IN COUNCIL

At the Government Buildings at Wellington, this 6th day of March 1978.

Present:

THE RIGHT HON. R. D. MULDOON PRESIDING IN COUNCIL

PURSUANT to the Public Works Act 1928, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council hereby makes the following order.