10 NOVEMBER

NEW ZEALAND GAZETTE

that every bylaw which ceases to be applicable to that area shall be deemed to have been revoked by this order;

(e) succeed to all rates and levies, and other money payable to the Hutt County Council;

(f) succeed to the valuation rolls, electoral rolls, and rate records in force in the said area, and these shall remain in force until new valuation rolls are made by the Upper Hutt City Council and until time Part XIV of the Rating Powers Act 1988 shall apply as if the district in which that area was included was the district of a special purpose authority and the areas from which it was formed were constituent districts.

(2) The mayor of Upper Hutt City shall have and may exercise the duties, powers, and functions of the chairman of the Hutt County Council, in respect of the said area.

(3) The principal administrative officer of the Upper Hutt City Council shall have and may exercise the duties, powers, and functions of the principal administrative officer of the Hutt County Council in respect of the said area.

19. Vesting of land

The corporation of the district of Upper Hutt City shall, in respect of the said area, have vested in it, subject to all existing encumbrances, all land in that area vested in the corporation of the district of Hutt County.

20. Title to land

Any reference, express or implied, in respect of the said area to “the Hutt County Council” in any instrument or other document whatsoever, or in any entry or record made in relation to any instrument or other document whatsoever relating to any land vested in the Upper Hutt City Council by clause 19 of this order shall, unless the context otherwise requires, be read as a reference to “the Upper Hutt City Council”.

Part III

Constitution of Wainuiomata District

21. Constitution of Wainuiomata District

(1) The area of the Wainuiomata Riding of Hutt County shall be constituted as a district to be known as “the Wainuiomata District” (hereinafter referred to as the district).

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

22. Membership of council

(1) The district council shall comprise a mayor and 12 members.

(2) Notwithstanding the provisions of subclause (1) of this clause, until the general election of members of the district council to be held on the 14th day of October 1989, the members of the district council shall be those members of the Wainuiomata District Community Council holding office immediately prior to the commencement of this order, and the mayor of the district shall be the chairman of the former Wainuiomata District Community Council holding office immediately prior to the commencement of this order.

(3) At the general election of members of the district council, to be held on the 14th day of October 1989, the members of the district council shall be elected by the electors of the district as a whole.

23. First meeting of council

The first meeting of the district council shall be convened by the principal administrative officer for the district, appointed pursuant to clause 24 of this order and shall be held not later than 30 days after the commencement of this order.

24. Principal administrative officer

The principal administrative officer of the Wainuiomata District Council shall be the person holding the office of county clerk of the Hutt County Council prior to the commencement of this order.

25. Rating

The system of rating in the district shall be the land value system.

26. Local authorities petroleum tax

For the purposes of Part XI of the Local Government Act 1974, the district shall be a component district of the Wellington-Hutt Valley Tax Area.

27. Town and country planning

The district planning schemes and scheme statements and codes of ordinances in force in respect of the former Wainuiomata Riding of Hutt County shall be deemed to be the district planning scheme, scheme statement and code of ordinances of the district and these shall remain operative until a new district scheme is prepared for the district under the provisions of the Town and Country Planning Act 1977.

28. Civil defence

The operative local civil defence plan for the former Hutt County in respect of the former Wainuiomata Riding shall continue in force in the district until a new plan is approved for the district under Part II of the Civil Defence Act 1983.

29. Transfer of responsibilities

(1) The district council, in respect of the area of the former Wainuiomata Riding, shall:

(a) have and may exercise and be responsible for all the powers, duties, acts of authority and functions which were previously exercised, or which could have been exercised, by the Hutt County Council;

(b) have and may exercise and be responsible for all the liabilities, obligations, engagements and contracts which previously were, or which would have been, the responsibility of the Hutt County Council;

(c) 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 Hutt County Council;

(d) succeed to the bylaws which are in force and until revoked or altered by the district council every such bylaw shall remain in force in the area to which it applied immediately before the commencement of this order: provided that every bylaw which ceases to be applicable to that area shall be deemed to have been revoked by this order;

(e) succeed to all rates and levies, and other money payable to the Hutt County Council;

(f) succeed to the valuation rolls, electoral rolls, and rate records in force in that area, and these shall remain in force until new rolls or records are made by the district council.

(2) The mayor of Wainuiomata District shall have and may exercise the duties, powers, and functions of the chairman of the Hutt County Council, in respect of the district.

(3) The principal administrative officer of the district council shall have and may exercise the duties, powers, and functions of the principal administrative officer of the Hutt County Council in respect of the district.

30. Vesting of land

The corporation of the district of Wainuiomata District shall, in respect of the area of the former Wainuiomata Riding, have vested in it, subject to all existing encumbrances, all land in that area vested in the corporation of the district of Hutt County.

31. Title to land

Any reference, expressed or implied, in respect of the area of the former Wainuiomata Riding to “the Hutt County Council” in any instrument or other document whatsoever, or in any entry or record made in any register in relation to any instrument or other document relating to any land vested in the district council by clause 30 of this order shall, unless the context otherwise requires, be read as a reference to “the Wainuiomata District Council”.

Part IV

General

32. Abolition of Hutt County

(1) The Hutt County Council shall be dissolved.

(2) The district of Hutt County shall be abolished.

(3) The Wainuiomata Community shall be abolished.

(4) The Wainuiomata District Community Council shall be dissolved.