15 SEPTEMBER NEW ZEALAND GAZETTE 3665

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

2 members to be elected by the Turangi District Community Council;

1 member to be elected by the Mangakino District Community Council.

7. First Meeting of Council—The first meeting of the district council shall be convened by the person appointed to the office of general manager pursuant to clause 10 (7) (b) of this order.

8. Tongariro United Council—(1) The district council shall appoint 9 members to the Tongariro United Council.

(2) Those members of the district council who shall be appointed to the Tongariro United Council shall be appointed at the first meeting of the district council.

(3) Those members of the Tongariro United Council appointed separately by the former authorities shall continue in office until such time as successors are appointed.

9. Mayor and Principle Administrative Officer—(1) The Mayor of the new district shall have and may exercise the duties, powers, and functions of the Mayor and Chairman of the districts of the former authorities.

(2) The principal administrative officer of the district council shall have and may exercise the duties, powers, and functions of the principal administrative officers of the former authorities.

10. Transition Committee—(1) A transition committee, hereinafter referred to as “the committee”, with the structure, functions and method of operation set out in this clause, is hereby constituted.

(2) The committee shall be deemed to be a committee appointed under section 105 of the Local Government Act 1974.

(3) The committee shall comprise:

(a) the Mayor of Taupo Borough, Councillor Patricia Morrison of the Taupo Borough Council and one other member appointed by the Borough Council;

(b) the Chairman of the Taupo County Council, and two other members appointed by the Taupo County Council;

(c) the General Manager of each of the former authorities and the person appointed to the position of General Manager of the district council pursuant to subclause (7) (b) of this clause, who shall be members ex officio of the committee but without voting rights.

(4) The committee shall appoint a management consultant to assist it in its consideration of the matters referred to in subclauses (6) and (7) of this clause.

(5) The chairperson of the Committee shall be Councillor Patricia Morrison. The committee shall appoint from among its members a Deputy Chairperson. The chairperson of a meeting of the committee shall not have a casting vote.

(6) The committee shall give consideration to any or all matters relating to the constitution of the new district which require attention before the date of its constitution, including:

(a) the integration of the staff of the former authorities and the relativity and relationship of staff members; and

(b) the management structure of the district council.

(7) The committee:

(a) shall have such powers and authorities to make decisions as are delegated to it by the former authorities;

(b) shall appoint the General Manager of the district council, the Principal Administrative Officer of the district council and the Returning Officer for the new district and may determine the terms and conditions of such appointments;

(c) may appoint such other staff as may be agreed to by the former authorities and may determine the terms and conditions of such appointments;

(d) other than those powers and authorities referred to in paragraphs (a), (b), and (c) of this subclause, shall have authority to consider and make recommendations to the former authorities on any other matters relating to the union of their districts.

(8) The recommendations of the committee shall be transmitted to the former authorities for their endorsement. If either of the former authorities fails to endorse any recommendation, the matter in dispute may be referred to the Commission on the motion of either of the former authorities for resolution and final determination. All matters so determined by the Commission shall be binding on the former authorities unless they unanimously resolve to amend such determinations and the form of such amendments.

(9) The general manager of the district council, when appointed, shall be supplied with the necessary staffing and other resources from amongst the resources available to the former authorities. The cost of the committee, the General Manager, and the staffing and other resources required by the committee shall be borne equally by the former authorities.

11. Transfer of Responsibilities—(1) Except as otherwise provided in this order the district council, in respect of the districts of the former authorities:

(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 former authorities if they had remained in existence;

(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 former authorities;

(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 former authorities;

(d) shall succeed to the bylaws which are in force in the districts of the former authorities and which are applicable to the new district’s circumstances 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 constitution of the new district (pursuant to this order) and every bylaw which cannot be restricted to the area in which it was in force immediately before the constitution of the new district, or which is not applicable to the new district’s circumstances, shall be deemed inapplicable and revoked by the constitution of the new district (pursuant to this order);

(e) shall succeed to all rates and levies, and other money payable to the former authorities;

(f) shall succeed to the valuation rolls, electoral rolls, and rates records in force in the districts of the former authorities, and these shall remain in force in the new district until such rolls or records are made by the district council, and until that time Part XIV of the Rating Powers Act 1988 shall apply as if the new district was the district of a special purpose authority and the areas from which it was formed were constituent districts.

12. Rating—The system of rating in the new district shall be the land value system.

13. Finance—(1) Except as otherwise provided in this scheme, the accounts of the district council shall be kept in accordance with the provisions of the Local Government (Territorial Authorities) Accounting Regulations 1979.

(2) For all accounting and other financial purposes, the union shall be deemed to have taken place at the commencement of the 1988/89 financial year.

(3) The special funds of the former authorities shall be expended only for the purposes for which they were set aside.

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