15 DECEMBER NEW ZEALAND GAZETTE

Council, Richmond Borough Council, and the Waimea County Council are hereinafter referred to as the "uniting authorities".

(5) Any member of the committee, including members ex officio of the committee, may appoint a deputy to be a member or member ex officio of the committee during the member’s absence from the committee. Any deputy so appointed shall have the same voting rights as the member being represented.

(6) The committee shall appoint from amongst its members, a chairman and deputy chairman and the persons so appointed shall not have any additional or casting vote while acting as chairman of the committee.

(7) The committee shall give consideration to all or any 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 uniting authorities and the relativities and relationships of staff members; and

(b) the management structure which is to be established for the district council.

(7) The committee shall have:

(a) such power and authority to make decisions as are delegated to it by a majority of the uniting authorities:

(b) other than the powers and authority referred to in paragraph (a) of this subclause, authority to consider and make recommendations to the uniting authorities on any other matters relating to the union of their districts:

Provided that, before making any recommendation to the uniting authorities as to the management structure to be established for the district council, the committee, before determining the proposed management structure, shall consult with a management consultant on the appropriateness or otherwise of the recommendation formulated by the committee:

Provided further that, the committee shall have authority to appoint, in accordance with any delegated authority given to it by a majority of the uniting authorities, such other consultants as the committee deems necessary or desirable to assist it in consideration of any matter before the committee.

(c) Subject to the provisions of this clause, the authority to determine its own procedures.

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

(9) The person appointed to the position of chief executive officer by the uniting authorities shall be supplied with the necessary staffing and other resources from amongst the resources available to the uniting authorities. The costs of the committee, the chief executive officer, and the staffing and other resources required by the committee shall be borne by the uniting authorities in accordance with a formula related to the population of each of the districts of the uniting authorities.

(10) The failure by any of the uniting authorities to appoint representatives to the committee or the failure to attend by all or any representatives from any of the uniting authorities shall not negate any of the powers or authorities vested in the committee either by this clause or by delegation of authority by the uniting authorities.

(11) The first meeting of the committee shall be convened by the person appointed to the position of chief executive officer by the uniting authorities.

10. Rating and financial divisions

(1) The system of rating in the new district shall be the land value system.

(2) Notwithstanding subclause (1) of this clause for a period of 3 years from the constitution of the new district, the system of rating in that part of the former County of Waimea included in the new district shall be the capital value system.

(3) During such time as the system of rating in that part of the former County of Waimea included in the new district differs from the system of rating in the rest of the new district, the new district shall be divided into the following financial divisions:

(a) the Richmond Division, being the area of the former district of Richmond Borough;

(b) the Motueka Division, being the area of the former district of Motueka Borough; and

(c) the Waimea Division, being that part of the former district of Waimea County included in the new district.

(4) While the new district is divided into the financial divisions specified in subclause (3) of this clause, the proportion of all rates (which are applicable to the new district as a whole) to be raised from each such division shall be determined according to the proportion the rating revenue from each of the former authorities for the year ended on the 31st day of March 1989 bears to the total of such revenue of the former authorities for that year, adjusted to take into account the area of the Whangamoa Riding and that part of the Appleby Riding of the former County of Waimea excluded from the new district by clause 2 of this order.

11. Finance

(1) All administrative accounts, works and services accounts, and special funds accounts of the former authorities at the date of the constitution of the new district shall be merged to operate as accounts of the district council.

(2) All special funds held by the former authorities at the date of constitution of the new district shall be expended only for the purposes for which they were set aside and in accordance with any requirements as to the area which is to benefit from the expenditure of such funds.

12. Local Authorities Petroleum Tax

For the purpose of Part XI of the Local Government Act 1974 the district council shall be the successor of the former authorities.

13. Town and country planning

(1) The district planning scheme and scheme statements and codes of ordinances which operated in the former borough of Richmond shall apply to that same area in the new district.

(2) The review of the district planning scheme, as yet to be made operational in that part of the former Waimea County included in the new district shall, when finalised, be the district planning scheme for that area in the new district along with the scheme statements and codes of ordinances applicable to that area.

(3) When the review of the district planning scheme for the former Motueka Borough is complete the resultant district planning scheme shall be deemed applicable, along with the scheme statements and codes of ordinances of the former Motueka Borough, in that same area in the new district.

(4) The district council shall not be required forthwith to prepare a new district scheme for the whole of its district:

Provided that the district council shall within a period of 5 years from the constitution of the new district commence the preparation of a new district scheme for the whole of its district.

14. Administrative headquarters

The administrative headquarters of the district council shall be established in Richmond and where appropriate, within the premises already owned by any of the former authorities.

15. Motueka service delivery centre and works depot