13 JUNE NEW ZEALAND GAZETTE 2319

(3) Subject to section 103 of the Rating Powers Act 1988, until the 30th day of June 1994 or unless the Timaru District Council resolves otherwise and with the approval of the Local Government Commission pursuant to section 35(1)(k) of the Local Government Act 1974, the system of rating in the area of the former Strathallan County shall be the capital value system.

199 TOWN AND COUNTRY PLANNING

(1) The Timaru District Council shall not be required to prepare a new district scheme, immediately, for the Timaru 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, or as the case may be, the proposed district scheme, of the Timaru 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 resolution of the Timaru District Council to the contrary, all such preparation shall be deemed to have been done by, or on behalf of, the Timaru 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 Act 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 Timaru 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 Timaru 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 Timaru District Council or, as the case may require, a committee or delegate thereof.

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

201 VESTING OF PROPERTY

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

202 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 Timaru District Council by clause 201 of this order shall, unless the context otherwise requires, be read as a reference to “The Timaru District Council”.

203 TRANSITIONAL COMMITTEE

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

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

(a) The Timaru City Council; and
(b) The Strathallan County Council; and
(c) The Geraldine Borough Council; and
(d) The Temuka Borough Council.

204 MEMBERSHIP OF TRANSITIONAL COMMITTEE

(1) The transitional committee for the Timaru District shall consist of:

(a) Three members appointed by the Timaru City Council; and
(b) Three members appointed by the Strathallan County Council; and
(c) One member appointed by the Geraldine Borough Council; and
(d) Two members appointed by the Temuka Borough Council; and
(e) One officer appointed by each local authority, named in clause 203(2) of this order, who shall be non-voting members of the transitional committee; and
(f) The Chief Executive designate, when appointed in accordance with clause 207 of this order, who shall be a non-voting member of the transitional committee; and
(g) One member appointed by the New Zealand Council of Trade Unions, being an employee of a local authority named in clause 203(2) of this order, who shall be a non-voting member of the transitional committee.

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

205 NO CASTING VOTE

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

206 EXCLUSION OF NON-VOTING MEMBERS

The transitional committee for the Timaru 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.

207 OBLIGATION OF TRANSITIONAL COMMITTEE TO APPOINT CHIEF EXECUTIVE

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

208 PRINCIPAL LOCAL AUTHORITY

The principal local authority for the transitional committee for the Timaru District shall be the Timaru City Council.

209 COSTS OF TRANSITIONAL COMMITTEE

(1) The costs of the transitional committee for the Timaru District (including the costs of providing administrative services to it) shall be borne and paid by the local authorities named in clause 203(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 Timaru District,

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.