848 THE NEW ZEALAND GAZETTE No. 39

amended by the Order in Council dated the 2nd day of December
1974 and published in Gazette of 19 December 1974, No. 122, at
page 2978, appointing 5 non-elective members of the Hauraki
Catchment Board, by deleting the words “District Civil Engineer,
Ministry of Works and Development, Hamilton”.

P. G. MILLEN, Clerk of the Executive Council.

(P.W. 75/10)

The Union of Riverton Borough and Wallace County and
Dissolution of Riverton Harbour Board Order 1983

DAVID BEATTIE, Governor-General
ORDER IN COUNCIL

At the Government Buildings at Wellington this 21st day of March
1983

Present:

THE RIGHT HON. D. MACINTYRE 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

1. Title and commencement—(1) This order may be cited as the
   Union of Riverton Borough and Wallace County and Dissolution
   of Riverton Harbour Board Order 1983.
   (2) This order shall come into force on the 1st day of April 1983.

PART I
CONSTITUTION

2. Union of Riverton Borough and Wallace County—Riverton
   Borough and Wallace County are hereby united into one district
   under the name of “The Wallace County”.

3. Dissolution of Riverton Borough Council—The Riverton
   Borough Council is hereby dissolved.

4. Constitution of Riverton Community—(1) A
   community council under the name of “The Riverton Community
   Council” is hereby established for Riverton Community.
   (2) The Riverton Community shall form part of the Longwood
   Riding of Wallace County.

5. Constitution of Riverton Community Council—(1) A
   community council under the name of “The Riverton Community
   Council” is hereby established for Riverton Community.
   (2) The Riverton Community Council shall consist of 6
   members.

6. Transitional membership of Riverton Community Council—
   Notwithstanding the provisions of subclause (2) of clause 5 of this
   order, until the members of the Riverton Community Council to
   be elected at the 1983 triennial general election of members of local
   authorities come into office, the members of the Riverton
   Community Council shall comprise the persons who held office as
   the mayor and members of the Riverton Borough Council
   immediately before the commencement of this order and the
   person who held office as the mayor of Riverton Borough
   immediately before the commencement of this order shall be the
   chairman of the Riverton Community Council.

PART II
FINANCE

7. Transfer of funds—Notwithstanding anything in this order:
   (a) The account balances of Riverton Borough shall become the
   balances of the Riverton Community account; and
   (b) The special endowment and bequest funds of the corporation
   of Riverton Borough shall be used only for the purposes
   for which they were set aside and for the benefit only of
   Riverton Community.

8. Financial year—For accounting and other financial purposes,
   the union shall be deemed to have taken place at the
   commencement of the financial year in which the provisions of this
   order come into force.

9. Rating—The system of rating in Wallace County shall
   continue to be the capital value system except in Nightcaps,
   Otatau, Te Anau, Tuatapere, and Riverton Communities where
   the system of rating shall continue to be the land value system.

10. Petroleum tax—(1) For the purposes of Part XI of the Local
    Government Act 1974, the Wallace County Council shall be the
    successor of the Riverton Borough Council.

(2) The Wallace County Council shall make available to and
credit to the Riverton Community account an amount of petrol tax
revenue calculated in accordance with the total rates levied within
the Riverton Community.

PART III
TRANSITIONAL PROVISIONS

11. Town and country planning—The Wallace County Council
    shall not be required to prepare a new district scheme for Wallace
    County until the existing Wallace County district planning
    scheme is next due for review and until that time the provisions
    of the former Riverton Borough Council operative district planning
    scheme shall apply with respect to Riverton Community.

12. Transfer of powers, functions, and other responsibilities—The
    Wallace County Council in respect of the district of Riverton
    Borough existing immediately before the commencement of this
    order:
    (a) Shall have and may exercise and be responsible for all the
    powers, duties, acts of authority, and functions which were
    previously exercised, or which would have been so
    exercised, by the Riverton Borough Council;
    (b) Shall have and may exercise and be responsible for all
    liabilities, obligations, engagements, and contracts which
    previously were, or which would have been, the
    responsibility of the Riverton Borough Council;
    (c) Shall have and may exercise and be responsible for all actions,
    suits, and proceedings pending by or against, or which
    would have been the responsibility of, the Riverton
    Borough Council;
    (d) Shall succeed to the bylaws which are in force and which are
    applicable to the Wallace County Council’s altered
    circumstances and, until revoked or altered by the Wallace
    County 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 the area shall be deemed
    inapplicable and revoked in respect of the area by this
    order;
    (e) Shall, subject to clause 7 of this order, succeed to all rates or
    levies and other money payable to the Riverton Borough
    Council;
    (f) Shall succeed to the valuation rolls, electoral rolls, and rate
    records in force in the area, and these shall remain in force
    until such rolls or records are made by the Wallace County
    Council; and until that time Part IX of the Rating Act
    1967 shall apply as if the district in which the area was
    included was a district of a special purpose authority and
    the areas from which it was formed were constituent
    districts.

13. Vesting of property—All property, real and personal, vested
    in the corporation of Riverton Borough, subject to all existing
    encumbrances, shall be vested in the corporation of Wallace County.

14. Vesting of land—The corporation of Wallace County shall,
    in respect of Riverton Borough, have vested in it, subject to all
    existing encumbrances, all land in Riverton Borough previously
    vested in the corporation of Riverton Borough.

15. Mayor, chairman and principal administrative officer—The
    chairman and principal administrative office of the Wallace County
    Council shall exercise the duties, powers, and functions of the
    mayor and principal administrative officer of the Riverton Borough
    Council in respect of Riverton Borough.

16. Creditors—Subject to section 37F of the Local Government
    Act 1974, the rights or interests of creditors of any district affected
    by this order shall not be affected.

PART IV
RIVERTON HARBOUR ADMINISTRATION

17. Dissolution of Riverton Harbour Board—The Riverton
    Harbour Board is hereby dissolved.

18. Transfer of functions and powers—The functions and powers
    of the Riverton Harbour Board shall become functions and powers
    of the Wallace County Council.

19. Transfer of assets, liabilities, and engagements—All the
    assets, liabilities, and engagements of the Riverton Harbour Board
    shall become the assets, liabilities, and engagements of the Wallace
    County Council and all proceedings pending by or against the
    Riverton Harbour Board shall be carried on by or against the
    corporation of Wallace County.

20. Vesting of endowment lands—The endowment lands vested
    in the Riverton Harbour Board shall be vested in the Wallace
    County Council.

21. Use of assets and income—Subject to the provisions of the
    Riverton Borough Empowering Act 1947, the assets of the Riverton