2312 NEW ZEALAND GAZETTE No. 99

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 Christchurch City Council; or

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

126 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 Christchurch City until a new plan is approved for the Christchurch City, in accordance with the Civil Defence Act 1983.

127 VESTING OF PROPERTY

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

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

128 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 Christchurch City Council by clause 127 of this order shall, unless the context otherwise requires, be read as a reference to “The Christchurch City Council”.

129 TRANSITIONAL COMMITTEE

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

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

(a) The former Christchurch City Council; and

(b) The Riccarton Borough Council; and

(c) The Waimairi District Council; and

(d) The Heathcote County Council; and

(e) The Paparua County Council; and

(f) The Christchurch Transport Board; and

(g) The Christchurch Drainage Board.

130 MEMBERSHIP OF TRANSITIONAL COMMITTEE

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

(a) Five members appointed by the former Christchurch City Council; and

(b) One member appointed by the Riccarton Borough Council; and

(c) Four members appointed by the Waimairi District Council; and

(d) One member appointed by the Paparua County Council; and

(e) One member appointed by the Heathcote County Council; and

(f) One member appointed by the Christchurch Transport Board; and

(g) One member appointed by the Christchurch Drainage Board; and

(h) One officer appointed by each local authority, named in clause 129(2) of this order, who shall be non-voting members of the transitional committee; and

(i) The Chief Executive designate, when appointed in accordance with clause 133 of this order, who shall be a non-voting member of the transitional committee; and

(j) One member appointed by the New Zealand Council of Trade Unions, being an employee of a local authority named in clause 129(2) of this order, who shall be a non-voting member of the transitional committee.

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

131 NO CASTING VOTE

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

132 EXCLUSION OF NON-VOTING MEMBERS

The transitional committee for the Christchurch 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.

133 OBLIGATION OF TRANSITIONAL COMMITTEE TO APPOINT CHIEF EXECUTIVE

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

134 PRINCIPAL LOCAL AUTHORITY

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

135 COSTS OF TRANSITIONAL COMMITTEE

(1) The costs of the transitional committee for the Christchurch City (including the costs of providing administrative services to it) shall be borne and paid by the local authorities named in clause 129(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 gross revenue of the local authority for the year ended on the 31st day of March 1988, bears to the gross revenue of all the local authorities to which this clause applies for that year.

(2) For the purposes of this clause, the gross revenue of a local authority shall be the gross revenue reasonably related to the area of a local authority which is to be included in Christchurch City or any function of a local authority which is to be transferred to the Christchurch City Council, whichever is applicable.

PART VII

Banks Peninsula District

136 CONSTITUTION OF BANKS PENINSULA DISTRICT

There is hereby constituted a district, to be known as “The Banks Peninsula District”, which shall comprise the area delineated on S.O. Plan No. 18084 deposited with the Chief Surveyor of the Canterbury Land District.

137 BANKS PENINSULA DISTRICT COUNCIL

A territorial authority, to be known as “The Banks Peninsula District Council”.