28 SEPTEMBER                      THE NEW ZEALAND GAZETTE                      2647

iately before the commencement of this order, and the Mayor
of the district shall be the person who held office as Mayor
of the Borough of Hawera immediately before the commence-
ment of this order; and the Deputy Mayor of the district
shall be the person who held office as Chairman of the County
of Hawera immediately before the commencement of this
order; and in the event of a vacancy on the district council
prior to the said next triennial general election of members of
local authorities, the district may either fill the vacancy by
appointment or leave it vacant according to the recommenda-
tion of the councillors of the Hawera ward, if the vacancy
relates to that ward, or according to the recommendation of
the councillors of the remaining wards collectively if the
vacancy relates to one of those wards.

8. Mayor and principal officer—The duties, powers, and
   functions of the Mayor of the former Borough of Hawera
   and the Chairman of the former County of Hawera shall be
   exercised by the Mayor of the district council; and the duties,
   powers, and functions of the Town Clerk of the former
   Borough of Hawera and the County Clerk of the former
   County of Hawera shall be exercised by the principal officer
   of the district council.

9. First meeting of district council—The first meeting of the
   district council shall be convened by the person holding the
   office of Town Clerk of the Hawera Borough Council
   immediately before the commencement of this order.

10. Municipal Corporations Act 1954 and Counties Act
    1956 applied—(1) The provisions of sections 219A, 237A, 302,
    303, 304, 330A, and 351c of the Municipal Corporations Act
    1954 shall apply to the district as if it were a borough and
    to the district council as if it were a borough council; and
    except as otherwise provided in this order the provisions of
    the Counties Act 1956 except those of section 28 of the
    Counties Amendment Act 1961, shall apply to the district as
    if it were a county and to the district council as if it were
    a county council.

(2) Subject to subclause (1) of this clause, the provisions
of the Counties Act 1956, the Municipal Corporations Act 1954,
and of any other Act shall be modified to apply to the district
and the district council as if:
(a) references to a riding and a county chairman were
references to a ward and a mayor respectively;
(b) references to section 28 of the Counties Amendment
Act 1961 were references to section 351c of the
Municipal Corporations Act 1954; and
(c) references in section 351c of the Municipal Corpora-
tions Act 1954 to section 351A of that Act were
references to section 23 of the Counties Amendment
Act 1961.

11. District to be county and district council to be county
    council—Except as otherwise provided in this order, for the
    purposes of any enactment, the district shall be a county
    and the district council shall be a county council.

12. Rating—The system of rating in the district shall be
    the capital value system:
    Provided that for a period of not less than 5 years the
    system of rating in the area of Hawera and Normanby
    wards of the district shall remain the land value system.

13. District to be borough for purposes of Rating Act
    1967—For the purposes of section 5 of the Rating Act 1967
    (relating to land not rateable) the district shall be deemed
    to be a borough.

14. Finance—(1) Except as otherwise provided herein, the
    accounts of the district council shall be kept in accordance
    with the provisions of the Local Government Accounting
    Regulations 1974.

(2) Subject to the provisions of the Taranaki Harbours Act
1965, the Patea Harbour Endowment Fund held by the Cor-
poration of the County of Hawera at the date of commence-
ment of this order shall be expended only for the benefit of the
ratepayers and residents of the Normanby, Ohangai and
Okaiawa wards.

(3) All other administrative accounts, works and services
accounts, and special fund accounts of the uniting authorities
at the date of commencement of this order shall be merged
to operate as accounts of the district council by not later than
the 31st day of March next after the commencement of this
order.

(4) The loan liabilities existing at the date of commence-
ment of this order shall continue to be secured against the
areas over and for which they were secured at that date.

15. Petroleum Tax—For the purposes of Part XI of the
    Local Government Act 1974, the district council is hereby
    declared to be the successor of the uniting authorities.

16. Town and Country Planning—In terms of section 63 of
    the Town and Country Planning Act 1977 the district council
    shall not be required forthwith to prepare a new district
    scheme for the whole of the district but the district council
    shall proceed forthwith to complete the review of the existing
    district scheme for that part of the district comprising the
    Hawera County prior to union; and the first review of the
    combined scheme shall be completed no later than 4 December

18. Functions of district council—Except as otherwise pro-
    vided in this order the district council shall have, and may
    exercise and be responsible for—
    (a) All the powers, duties, acts of authority, and functions
    which were previously exercised by the uniting
    authorities or would have been so exercised by them
    if they had remained in existence or in control of
    their districts:
    (b) All the liabilities, obligations, engagements, and con-
    tracts which were previously the responsibility of the
    uniting authorities, or for which they would have
    been responsible if they had remained in existence
    or in control of their districts:
    (c) All actions, suits, and proceedings pending by or
    against the uniting authorities or that would have
    been the responsibility of the uniting authorities
    if they had remained in existence or in control of
    their districts.

19. Property—All property, real and personal, vested in
    the corporations of the districts of the uniting authorities, is
    hereby vested, subject to all existing encumbrances, in the
    Corporation of the district.

20. Land—All land vested in the corporations of the dis-
    tricts of the uniting authorities, is hereby vested, subject to
    all existing encumbrances, in the Corporation of the district.

21. Bylaws—All bylaws in force in the districts of the
    uniting authorities which are applicable to the altered cir-
    cumstances shall become bylaws of the district council, and,
    until revoked or altered by the district council, every such
    bylaw shall remain in force in the area in which it was in
    force immediately before the commencement of this order,
    and every bylaw which cannot be restricted to that area or
    which is not applicable to the altered circumstances shall
    be deemed to be revoked by this order.

22. Rates or levies—All rates or levies and other money
    payable in respect of the uniting authorities are hereby due
    and payable to the district council.

23. Creditors—Subject to section 37r of the Local Govern-
    ment Act 1974, the rights or interests of creditors of any
    district affected by this order shall not be affected.

24. Records—The valuation rolls, electoral rolls, and rate
    records in force in the districts of the uniting authorities shall
    continue in force in the district until such rolls or records
    are made by the district council, and until that time Part IX
    of the Rating Act 1967 shall apply as if the district was the
    district of a special-purpose authority and the areas from
    which it was formed were constituent districts.

25. Taranaki Harbours Act 1965—For the purposes of the
    Taranaki Harbours Act 1965, and in particular to section
    12 (3) thereof, the district council shall be the successor
    to the uniting authorities; and reference in that section to
    the Hawera Borough shall be read as a reference to the
    Hawera Ward, and reference to the Hawera County shall
    be read as a reference to the Normanby, Ohangai, and
    Okaiawa wards collectively.

P. G. MILLEN, Clerk of the Executive Council.
(I.A. 104/90)

Member of the New Zealand Historic Places Trust Appointed

KEITH HOLYOAKE, Governor-General

ORDER IN COUNCIL

At the Government House at Wellington this 11th day of
September 1978

Present:
His Excellency the Governor-General in Council

Pursuant to section 5 (2) of the Historic Places Act 1954,
His Excellency the Governor-General, acting by and with the
advice and consent of the Executive Council, hereby appoints

Roger Curtis Green

to be a member of the New Zealand Historic Places Trust
for a term of office expiring on 31 March 1980.

P. G. MILLEN, Clerk of the Executive Council.
(I.A. Cul. 10/4/2)