NEW ZEALAND GAZETTE

No. 4

6. First meeting of council—The first meeting of the district council shall be convened by the principal administration officer and shall be held no later than 1 month after the date of the constitution of the new district.

7. Transfer of responsibilities and other matters—Except as otherwise provided in this order and 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;

(b) 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;

(c) 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;

(d) shall succeed to the bylaws which are in force in the districts of the former authorities 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; 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;

(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 rate 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.

8. Wairarapa United Council—(1) The district council shall be entitled to appoint 7 members to the Wairarapa United Council.

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

9. Mayor and principal 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 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. Finance—(1) Notwithstanding anything in this order, for a period of 3 years, the new district shall for the purposes of finance be divided into two divisions as follows:

(a) The Urban Financial Division comprising the area of the former Masterton Borough;

(b) The Rural Financial Division comprising the area of the former Masterton County.

(2) While the district is divided into financial divisions in accordance with subclause (1) of this clause, the net administration costs of the district council shall be apportioned between the divisions of the net administration costs of each of the former authorities over the three financial years prior to this order coming into effect.

(3) The special funds of the former authorities shall be expended only for the purposes for which they were set aside and, after provisions has been made for all liabilities, for the benefit of the division in which they originated; and any money required to be paid into any special fund to meet a 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 constitution of the new district shall continue to be secured against the area over which they were secured as at that date.

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

(2) The system of differential rating in force in the former Masterton County shall continue in force within the Rural Financial Division until the 31st day of March 1992.

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

13. Town and Country Planning—(1) The district council shall not be required forthwith to prepare a new district scheme for the new district.

(2) The district planning schemes and scheme statements and codes of ordinances in force in the respective districts of the former authorities shall be deemed to be the district planning scheme, scheme statement and code of ordinances of the new district until a new district scheme is prepared for the new district under the provisions of the Town and Country Planning Act 1977.

14. Vesting of property—All property, real and personal, vested in the corporations of the former authorities shall, subject to all existing encumbrances, be vested in the corporation of the district council.

15. Title to property—Any reference express or implied to:

(a) “The Mayor, councillors, and citizens of the Borough Masterton”; or

(b) “The chairman, councillors and inhabitants of the County of Masterton”; or

(c) “Masterton Borough Council”; or

(d) “Masterton County Council”

in any instrument or other document whatsoever, or in any entry or record made on any document whatever, or in any entry or record made in relation to any instrument or other document whatever shall, unless the context otherwise requires, be read as a reference to the “Masterton District Council”.

16. Creditors—Subject to section 37F of the Local Government Act 1974, the rights or interest of creditors of the former authorities shall not be affected.

17. Civil Defence—The operative joint civil defence plans for the former districts of Masterton Borough and Masterton County shall continue in the new district until a new plan approved for the new district under Part II of the Civil Defence Act 1983.

MARIE SHROFF, Clerk of the Executive Council.

604021

Justice

Companies Special Investigations Act 1958

Appointment of Liquidator

Pursuant to section 19 (a) of the Companies Special Investigations Act 1958, I, David Francis Caygill, hereby appoint

Frederick Nelson Watson, chartered accountant of Auckland, and