2372 NEW ZEALAND GAZETTE No. 99

named in paragraphs (d) to (g) of clause 181 of this order, and situated in a district in which that former authority is not also a former authority, is hereby vested in the corporation of the Ruapehu District Council, subject to all existing encumbrances.

(3) All that piece of land comprising 30.6549 hectares contained in Lot 4, Block IV, Maungakaretu Survey District shall not be vested in the Ruapehu District Council.

195 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 Ruapehu District Council by clause 194 of this order shall, unless the context otherwise requires, be read as a reference to “The Ruapehu District Council”.

196 TRANSITIONAL COMMITTEE

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

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

(a) The Taumarunui Borough Council; and

(b) The Taumarunui County Council; and

(c) The Waimarino District Council; and

(d) The Rangitikei County Council.

197 MEMBERSHIP OF TRANSITIONAL COMMITTEE

The transitional committee for the Ruapehu District shall consist of:

(a) Two members appointed by the Taumarunui Borough Council; and

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

(c) Two members appointed by the Waimarino District Council; and

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

(e) One officer appointed by each local authority, named in clause 196(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 200 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 196(2) of this order, who shall be a non-voting member of the transitional committee.

198 NO CASTING VOTE

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

199 EXCLUSION OF NON-VOTING MEMBERS

The transitional committee for the Ruapehu 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.

200 OBLIGATION OF TRANSITIONAL COMMITTEE TO APPOINT CHIEF EXECUTIVE

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

201 PRINCIPAL LOCAL AUTHORITY

The principal local authority for the transitional committee for the Ruapehu District shall be the Taumarunui Borough Council.

202 COSTS OF TRANSITIONAL COMMITTEE

The costs of the transitional committee for the Ruapehu District (including the costs of providing administrative services to it) shall be borne and paid by the local authorities named in clause 196(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 Ruapehu 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 or parts of the districts of the local authorities to be included in the Ruapehu District.

PART X

General

203 TRANSFER OF RESPONSIBILITIES

(1) Except as otherwise provided in this order, a local authority constituted by this order shall, in respect of the district of that local authority:

(a) have and may exercise and be responsible for all the powers, duties, acts of authority and functions which were previously exercised, or which could have been exercised, by the former authorities that they not been dissolved; and

(b) 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 had they not been dissolved; and

(c) 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 had they not been dissolved; and

(d) succeed to the bylaws which are in force in the districts of the former authorities. Until revoked or altered by the newly constituted local authority each such bylaw shall remain in force in the area to which it applied immediately before the constitution of the district, and every bylaw which cannot be restricted to that area shall be deemed inapplicable and revoked by the dissolution of the former authorities; and

(e) succeed to all rates and levies, and other money payable to the former authorities, had they not been dissolved; and

(f) succeed to the valuation rolls, and rate records in force in the districts of the former authorities. These shall remain in force in the district of the newly constituted local authority until new valuation rolls are made by that local authority.

(2) The Mayor or Chairperson of each local authority constituted by this order shall have and may exercise the functions, duties, and powers of the Mayors and Chairmen of the former authorities.

(3) The principal administrative officer of each local authority constituted by this order shall have and may exercise the functions, duties, and powers of the principal administrative officers of the former authorities.

204 CREDITORS

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