13 JUNE NEW ZEALAND GAZETTE 2309

(4) The Returning Officer for the first election of the community boards for those communities constituted by this clause shall be the Returning Officer for the Ellesmere County.

(5) The first election of the community boards for those communities constituted by this clause shall be conducted by postal vote.

98 RATING

(1) The system of rating in the Selwyn District shall be the capital value system.

(2) Until the Valuer-General is able to produce a valuation roll for the Selwyn District, Part XIV of the Rating Powers Act 1988 shall apply as if the Selwyn District was the district of a special purpose authority and the areas from which it was formed were constituent districts.

99 TOWN AND COUNTRY PLANNING

(1) The Selwyn District Council shall not be required to prepare a new district scheme, immediately, for the Selwyn District.

(2) The operative district schemes and the proposed district schemes under the Town and Country Planning Act 1977 of the former authorities shall be deemed to be the operative district scheme, as the case may be, the proposed district scheme of the Selwyn District.

(3) Where any former authority had, prior to its dissolution, begun the preparation of any review of its district scheme or any change or variation thereto, then, subject to any contrary resolution of the Selwyn District Council to the contrary, all such preparation shall be deemed to have been done by, or on behalf of, the Selwyn District Council and may be adopted and acted upon by it.

(4) Where before the coming into force of this clause any application had been made to any former authority by any person pursuant to any provision of the Town and Country Planning 1977, and:

(a) No hearing by that former authority or any committee thereof had begun of such application or any objection thereto, the application shall be deemed to have been made to the Selwyn District Council and shall be dealt with by it accordingly; or

(b) Such application had been heard or otherwise disposed of by that former authority and either the time for any appeal against such decision had not expired or notice of appeal had been given, any such appeal shall be deemed to be against the Selwyn District Council; or

(c) Such application had been either partly or fully heard or considered by that former authority but no decision thereon had been given, the application shall be heard or considered again by the Selwyn District Council or, as the case may require, a committee or delegate thereof.

100 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 Selwyn District until a new plan is approved for the Selwyn District, in accordance with the Civil Defence Act 1983.

101 VESTING OF PROPERTY

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

(2) All property, real and personal, vested in 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 Selwyn District Council, subject to all existing encumbrances.

102 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 Selwyn District Council by clause 101 of this order shall, unless the context otherwise requires, be read as a reference to "The Selwyn District Council"

103 TRANSITIONAL COMMITTEE

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

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

(a) The Ellesmere County Council; and

(b) The Malvern County Council; and

(c) The Paparua County Council.

104 MEMBERSHIP OF TRANSITIONAL COMMITTEE

The transitional committee for the Selwyn District shall consist of:

(a) Three members appointed by the Ellesmere County Council; and

(b) Two members appointed by the Malvern County Council; and

(c) Two members appointed by the Paparua County Council; and

(d) One officer appointed by each local authority, named in clause 103(2), who shall be non-voting members of the transitional committee; and

(e) The Chief Executive designate, when appointed in accordance with clause 107 of this order, who shall be a non-voting member of the transitional committee; and

(f) One member appointed by the New Zealand Council of Trade Unions, being an employee of a local authority named in clause 103(2) of this order, who shall be a non-voting member of the transitional committee.

105 NO CASTING VOTE

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

106 EXCLUSION OF NON-VOTING MEMBERS

The transitional committee for the Selwyn District 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.

107 OBLIGATION OF TRANSITIONAL COMMITTEE TO APPOINT CHIEF EXECUTIVE

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

108 PRINCIPAL LOCAL AUTHORITY

The principal local authority for the transitional committee for the Selwyn District shall be the Paparua County Council.

109 COSTS OF TRANSITIONAL COMMITTEE

The costs of the transitional committee for the Selwyn District (including the costs of providing administrative services to it) shall be borne and paid by the local authorities named in clause 103(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—