1416 THE NEW ZEALAND GAZETTE No. 45

As shown marked as above mentioned on S.O. Plan 60138, lodged in the office of the Chief Surveyor at Auckland.

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

(P.W. 72/1/2A/0; Ak. D.O. 72/1/2A/0/113)

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Patea Borough - Patea County - Waverley Town District Union Order 1987

PAUL REEVES, Governor-General

ORDER IN COUNCIL

At Wellington this 23rd day of March 1987

Present:
The Hon. R. O. DOUGLAS presiding in Council

Pursuant to section 36 of 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 Patea Borough - Patea County - Waverley Town District Union Order 1987.

(2) This order shall come into force on 1 April 1987.

2. Constitution—(1) The districts of the Borough of Patea, the County of Patea, and the Town District of Waverley are hereby united into one district to be known as “the Patea District” (hereinafter referred to as “the united district”).

(2) The Patea Borough Council, the Patea County Council, and the Waverley Town Council, (hereinafter referred to as “the uniting authorities”) are hereby dissolved.

(3) There shall be a council for the united district to be known as “the Patea District Council” (hereinafter referred to as “the district council”).

(4) The Waitotara Community and Community Council shall ensure as if they had been constituted by the district council.

3. Wards—There shall be constituted 8 wards for the united district to be known as:

The Patea Urban Ward, comprising the area of the former Patea Borough;

The Waverley Urban Ward, comprising the area of the former Town District of Waverley;

The Otoia Ward, comprising the area of the Otoia Riding of the former Patea County;

The Whenuakura Ward, comprising the area of the Whenuakura Riding of the former Patea County;

The Kohi Ward, comprising the area of the Kohi Riding of the former Patea County;

The Moumahaki Ward, comprising the area of the Moumahaki and Waverley Ridings of the former Patea County;

The Omahine Ward, comprising the area of the Omahine Riding of the former Patea County;

The Kapara Ward, comprising the area of the Kapara Riding of the former Patea County.

4. Membership of the Patea District Council—(1) The district council shall comprise 14 members elected as follows:

4 members to be elected by the electors of the Patea Urban Ward;

3 members to be elected by the electors of the Waverley Urban Ward;

2 members to be elected by the electors of the Otoia Ward;

1 member to be elected by the electors of the Whenuakura Ward;

1 member to be elected by the electors of the Kohi Ward;

1 member to be elected by the electors of the Moumahaki Ward;

1 member to be elected by the electors of the Omahine Ward;

1 member to be elected by the electors of the Kapara Ward.

(2) Notwithstanding section 56 of the Local Government Act 1974, on the basis of election of the district council shall not be reviewed until the review required to be carried out prior to the 1992 triennial general election of members of local authorities.

(3) Until the date of the triennial general election of members of local authorities to be held in 1989 the district council shall comprise 14 members as follows:

4 members of the former Patea Borough Council appointed by that Council to represent the Patea Urban Ward;

3 members of the former Waverley Town Council appointed by that Council to represent the Waverley Urban Ward;

7 members of the former Patea County Council appointed by that Council to represent the 6 wards comprising the area of the former Patea County.

(4) For the purpose of the appointment of members to the district council, and for no other purpose, the uniting authorities shall, if necessary, continue in office after the date of union.

(5) Until the triennial general election of members of local authorities to be held in 1989, the district council shall have a chairman who shall be elected by and from amongst the members of the district council, and thereafter may have a mayor or a chairman as determined by special order made under section 91 of the Local Government Act 1974.

5. Mayor, Principal Administrative Officer, and Other Officers—(1) The chairman of the district council shall exercise the duties, powers, and functions of the mayor and chairman of the uniting authorities.

(2) The principal administrative officer of the district council shall be the county clerk of the former Patea County Council and shall exercise the duties, powers, and functions of the principal administrative officers of the uniting authorities.

6. First Meeting of Council—The first meeting of the district council shall be convened by the person holding the office of county clerk of the Patea County Council immediately before the order comes into effect.

7. Taranski United Council—(1) The district council shall appoint 2 members of the Taranaki United Council.

(2) The member appointed jointly by the Patea County Council and the Waverley Town Council shall continue in office until such time as successors are appointed following the constitution of the district council.

8. Taranaki Harbours Act 1965—For the purposes of the Taranaki Harbours Act 1965, and in particular section 12 (3) thereof, the district council shall be deemed to be the successor to the Patea County Council and the Patea Borough Council.

9. Finance—(1) Notwithstanding anything in this order, for a period of not less than 5 years, or for such period as 80 percent of the members of the district council may by special order determine, the united district shall have for the purposes of finance, 3 divisions with separate accounts maintained for each division.

The divisions shall be:

(a) The Patea Rural Division, which shall consist of the 6 wards comprising the area of the former Patea County;

(b) The Patea Urban Division, which shall comprise the Patea Urban Ward; and

(c) The Waverley Urban Division, which shall comprise the Waverley Urban Ward.

(2) Each division constituted by subclause (1) of this clause shall be independent of the others for the purposes of rating and expenditure and each division’s separate account shall be credited or debited as the case may be with the net credit or debit balance of the funds of the area of which the division is comprised.

Any money to the credit of each division’s separate account shall, after all liabilities have been provided for, be expended for the benefit of the division in which such separate account is established, and any money required to meet any deficiency in the division’s separate account shall be found from within the area comprising that financial division.

(3) The special funds of the uniting authorities shall be expended only for the purposes for which they were set aside and, after provision has been made for all liabilities, for the benefit of the division in which they were originated, and money required to be paid into any other special fund to meet any deficiency shall be found from within the division in respect of which that special fund originated.

(4) All loan liabilities existing at the date of the union shall continue to be secured against the areas over which they were secured continue as at that date.

10. Rating—(1) Subject to subclause (2) of this clause, for a period of 5 years the system of rating in the Patea Rural Division shall be the land value system and the system of rating in the Patea Urban Division and the Waverley Urban Division shall be the capital value system.