376 NEW ZEALAND GAZETTE No. 19

and Tangimoana Communities and Community Councils shall ensure as if they had been constituted by the district council.

3. Wards—(1) Two wards for the united district are hereby constituted to be known as:

Kairanga Ward, comprising the area of the former Kairanga County;

Manawatu Ward, comprising the area of the former Manawatu County.

4. First election of council—(1) The first general election of the district council shall be held on the 26th day of March 1988.

(2) For the purpose of arranging the first election of the district council the principal administrative officer and the returning officer for the united district shall be the interim chief executive officer appointed pursuant to clause 6 (2) of this order.

(3) The first general election of the district council shall be conducted by postal vote.

(4) The Local Elections and Polls Act 1976, the Local Government Act 1974 and the Local Government (Electoral and Survey) Regulations 1986 shall, subject to any necessary modifications, apply in respect of the holding of the first general election of members of the district council as if any reference therein to an election to fill an extraordinary vacancy were a reference to the first election of the members of the district council:

Provided that the returning officer shall, not less than 56 clear days before the 26th day of March 1988, give notice of the election of members of the district council to be held on that date and of such other matters as are required by section 11 of the Local Elections and Polls Act 1976.

5. Membership of district council—(1) The district council shall comprise ten members who shall be elected as follows:

(1) Five members to be elected by the electors of the Kairanga Ward; and

(2) Five members to be elected by the electors of the Manawatu Ward.

(2) The district council shall have a chairman who shall be elected by the council from amongst its members.

6. Chairman and principal administrative officer—(1) The chairman of the district council shall have and may exercise the duties, powers, and functions of the chairman of the uniting authorities;

(2) The principal administrative officer of the district council shall be the interim chief executive officer appointed by the uniting authorities, and shall have and may exercise the duties, powers, and functions of the principal administrative officers of the uniting authorities.

7. First meeting of council—The first meeting of the district council shall be convened by the person holding the office of interim chief executive officer appointed pursuant to clause 6 (2) of this order.

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

(2) Those members of the Manawatu United Council appointed separately by the councils of the uniting authorities shall continue in office until such time as successors are appointed.

9. Finance—(1) For all accounting and other financial purposes this order shall be deemed to come into effect on the 1st day of April 1988.

(2) 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 only of that part of the district in which they originated, and money required to be paid into any special fund to meet any deficiency shall be found from within that part of the district in respect of which that special fund originated.

(3) 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.

10. Town and Country Planning—The district planning schemes and scheme statements and codes of ordinances in force in the former Kairanga County and former Manawatu County shall be deemed to be the district planning scheme and scheme statement and code of ordinances of the united district and the district council shall not be required forthwith to prepare a new district scheme for the whole of its district.

11. Local Authorities Petroleum Tax—For the purposes of Part XI of the Local Government Act 1974, the district council shall be the successor to the uniting authorities.

12. Transfer of responsibilities—Except as otherwise provided in this order, the district council, in respect of the districts of the uniting authorities:

(1) 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 uniting authorities;

(2) 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 uniting authorities;

(3) 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 uniting authorities;

(4) Shall succeed to the bylaws which are in force in the districts of the uniting authorities and which are applicable to the united 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 union; and every bylaw which cannot be restricted to the area in which it was in force immediately before the union or which is not applicable to the united district’s circumstances shall be deemed inapplicable and revoked by the union;

(5) Shall succeed to all rates and levies, and other money payable to the uniting authorities;

(6) Shall succeed to the valuation rolls, electoral rolls, and rate records in force in the districts of the uniting authorities, and these shall remain in force in the united 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 united district was the district of a special purpose authority and the areas from which it was formed were constituent districts.

13. Property—(1) 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 united district.

(2) For the purpose of this clause, any reference, express or implied, to “The Kairanga County Council” or “The Manawatu County Council” or “The Chairman, Councillors and Inhabitants of the Manawatu County” in any instrument or other document whatsoever, or in any entry or record made on any register in relation to any instrument or other document whatsoever shall, unless the context otherwise requires, be read as a reference to the Manawatu District Council.

14. 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.

MARIE SHROFF, Clerk of the Executive Council.