Auckland City Council Constitution




2262 NEW ZEALAND GAZETTE No. 99

again by the Auckland City Council or, as the case may require, a committee or delegate thereof.

118 CIVIL DEFENCE

The operative local civil defence plans for the districts of the former authorities shall continue in force in the respective parts of the Auckland City until a new plan is approved for the Auckland City, in accordance with the Civil Defence Act 1983.

119 VESTING OF PROPERTY

(1) All property, real and personal, vested in the corporation of any former authority and situated in the Auckland City is hereby vested in the corporation of the Auckland City Council, subject to all existing encumbrances.

(2) All property, real and personal, vested in the corporation of any former authority and situated in a district in which that former authority is not also a former authority, is hereby vested in the corporation of the Auckland City Council, subject to all existing encumbrances.

120 TITLE TO PROPERTY

Any reference, express or implied, to any former authority in any instrument or other document, or in any entry or record made in any register in relation to any property vested in the Auckland City Council by clause 119 of this order shall, unless the context otherwise requires, be read as a reference to “The Auckland City Council”.

121 TRANSITIONAL COMMITTEE

(1) The local authorities named in subclause (2) of this clause shall unite in appointing a transitional committee for the Auckland City.

(2) The local authorities to which this clause applies shall be:

(a) The former Auckland City Council; and
(b) The Newmarket Borough Council; and
(c) The Mount Albert City Council; and
(d) The Mount Roskill Borough Council; and
(e) The Mount Eden Borough Council; and
(f) The One Tree Hill Borough Council; and
(g) The Onehunga Borough Council; and
(h) The Ellerslie Borough Council; and
(i) The Tamaki City Council; and
(j) The Waiheke County Council; and
(k) The Great Barrier Island County Council.

122 MEMBERSHIP OF TRANSITIONAL COMMITTEE

(1) The transitional committee for the Auckland City shall consist of:

(a) Three members appointed by the former Auckland City Council; and
(b) One member appointed by the Newmarket Borough Council; and
(c) One member appointed by the Mount Albert City Council; and
(d) One member appointed by the Mount Roskill Borough Council; and
(e) One member appointed by the Mount Eden Borough Council; and
(f) One member appointed by the One Tree Hill Borough Council; and
(g) One member appointed by the Onehunga Borough Council; and
(h) One member appointed by the Ellerslie Borough Council; and
(i) One member appointed by the Tamaki City Council; and
(j) One member appointed jointly by the Waiheke County Council and the Great Barrier Island County Council; and
(k) One officer appointed by each local authority named in clause 121(2) of this order, who shall be non-voting members of the transitional committee; and

    (l) The Chief Executive designate, when appointed in accordance with clause 125 of this order, who shall be a non-voting member of the transitional committee; and
    (m) One member appointed by the New Zealand Council of Trade Unions, being an employee of a local authority named in clause 121(2) of this order, who shall be a non-voting member of the transitional committee.

(2) Each member appointed by the former Auckland City Council shall have three votes.

(3) Each member appointed by the Mount Roskill Borough Council, the Mount Albert City Council and the Tamaki City Council shall have two votes.

123 NO CASTING VOTE

The Chairperson of the transitional committee for the Auckland City or other person presiding at any meeting of that committee shall not have a casting vote in the case of equality of votes.

124 EXCLUSION OF NON-VOTING MEMBERS

The transitional committee for the Auckland City may resolve to exclude any non-voting member of that committee from any meeting or part of a meeting where it proposes to consider any matter that affects that member personally.

125 OBLIGATION OF TRANSITIONAL COMMITTEE TO APPOINT CHIEF EXECUTIVE

The transitional committee for the Auckland City shall appoint a person to be the Chief Executive of the Auckland City Council.

126 PRINCIPAL LOCAL AUTHORITY

The principal local authority for the transitional committee for the Auckland City shall be the former Auckland City Council.

127 COSTS OF TRANSITIONAL COMMITTEE

The costs of the transitional committee for the Auckland City (including the costs of providing administrative services to it) shall be borne and paid by the local authorities named in clause 121(2) of this order either—

(a) In accordance with a formula agreed to by that committee; or
(b) If there is no such agreement, in accordance with the following formula—

The proportion of those costs to be borne and paid by each local authority shall equal the proportion that the population (as at the time of the Census of Population and Dwellings held on the 4th day of March 1986) of:

(i) The district of that local authority; or
(ii) Those parts of the district of that local authority to be included in the Auckland City,

as the case may be, bears to the total of the populations (as at the time of that census) of all of the districts of the local authorities or parts of the districts of the local authorities included in the Auckland City by this Part of this order.

128 CONSULTATION WITH ONE TREE HILL DOMAIN BOARD

(1) The transitional committee for the Auckland City shall consult with the One Tree Hill Domain Board for the purpose of discussing the possible establishment of a committee of management for the One Tree Hill Domain.

(2) Where, following that consultation, the transitional committee for the Auckland City considers it desirable that a committee of management be established, the transitional



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🏘️ Constitution of Auckland City (continued from previous page)

🏘️ Provincial & Local Government
Auckland City, Territorial Authority, Constitution, Districts, Wards, Community Boards, Elections, Hauraki Gulf Islands, Rating, Town and Country Planning, Civil Defence, Property Vesting, Transitional Committee, Chief Executive