13 JUNE NEW ZEALAND GAZETTE 2399

(b) One member shall be elected by the electors of the Hikurangi Ward; and

(c) One member shall be elected by the electors of the Maungatapere Ward; and

(d) Two members shall be elected by the electors of the Bream Bay Ward; and

(e) Three members shall be elected by the electors of the Denby Ward; and

(f) Four members shall be elected by the electors of the Okara Ward.

64 FIRST ELECTION

(1) For the purposes of the first election of the Whangarei District Council, the Returning Officer and the principal administrative officer for the Whangarei District shall be, respectively, the Returning Officer and the principal administrative officer for Whangarei County.

(2) The first election of the Whangarei District Council shall be conducted by postal vote.

65 FIRST MEETING

The first meeting of the Whangarei District Council—

(a) Shall be convened by the principal administrative officer of that Council; and

(b) Shall be held no later than the 14th day of November 1989.

66 CHIEF EXECUTIVE

(1) The Chief Executive of the Whangarei District Council shall be the person appointed to that position in accordance with clause 80 of this order.

(2) The Chief Executive shall be the principal administrative officer of the Whangarei District Council.

67 FUNCTIONS, DUTIES, AND POWERS

The functions, duties, and powers of the Whangarei District Council shall be:

(a) The functions, duties, and powers of a territorial authority under—

(i) The Local Government Act 1974; and

(ii) Any other public Act relating to the Whangarei District Council or any of the former authorities; and

(iii) Any local Act relating to the Whangarei District Council or any of the former authorities; and

(b) The functions, duties, and powers of a harbour board in respect of the provision and maintenance of those marinas, wharves, jetties, boat ramps, and other harbour facilities, formerly the responsibility of the Northland Harbour Board and transferred to the Whangarei District Council by Part VI of this order; and

(c) The functions, duties, and powers of the former Northland Regional Council in respect of the Hikurangi Drainage District and the Hikurangi Swamp Major Scheme; and

(d) The functions, duties, and powers of an administering body under the Reserves Act 1977 in respect of the reserves being administered by the former authorities immediately before the coming into force of this Part of this order.

68 HIKURANGI DRAINAGE AREA

The area of the former Hikurangi Drainage District is hereby deemed to be a drainage area constituted under section 504 of the Local Government Act 1974 to be known as “The Hikurangi Drainage Area”.

69 ADMINISTRATION HEADQUARTERS

The administration headquarters of the Whangarei District Council shall be located in Whangarei.

70 SERVICE DELIVERY CENTRES

The Whangarei District Council shall, at least until the 1st day of November 1995, establish and maintain a service delivery centre in Hikurangi and in Ruakaka, in accordance with the provisions of the Third Schedule to this order.

71 RATING

(1) The system of rating in the Whangarei District shall be the land value system.

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

72 TOWN AND COUNTRY PLANNING

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

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

(4) Where before the coming into force of this order 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—

(i) 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 Whangarei District Council and shall be dealt with by it accordingly; or

(ii) Such application had been heard or otherwise disposed of by such 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 Whangarei District Council; or

(iii) 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 Whangarei District Council or, as the case may require, a committee or delegate thereof.

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

74 VESTING OF PROPERTY

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

75 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 Whangarei District Council by clause 74 of this order shall, unless the context otherwise requires, be read as a reference to “The Whangarei District Council”.