2404 NEW ZEALAND GAZETTE No. 99

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

116 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 by this order.

117 LOCAL AUTHORITIES PETROLEUM TAX

For the purposes of Part XI of the Local Government Act 1974, the local authorities constituted by this order shall be successors to the former authorities.

118 SPECIAL FUNDS

(1) The special funds of the former authorities shall:

(a) Be expended only for the purposes for which they were set aside; and

(b) Except for any plant renewal fund, be expended for the benefit of the area in which they originated, and after provision has been made for all liabilities required to be paid into any such fund, to meet any deficit, shall be found from within that area.

(2) After the 1st day of November 1996, the local authorities constituted by this order:

(a) Shall review any special fund provided for in subclause (1) of this clause; and

(b) May resolve that from a date to be determined by the council, such special fund may be applied for such other purpose or purposes as the council considers appropriate.

(3) Notwithstanding subclause (2) of this clause, the local authorities constituted by this order may at any time before the 1st day of November 1996, with the approval of the Commission, resolve to vary the use of any special funds.

(4) All funds held by the administering authorities of reserves under the Reserves Act 1977 shall be deemed to be special funds for the purposes of this clause.

119 LOANS

Any rate made and levied to meet the annual charges in respect of any loan secured over the district of any of the former authorities shall continue to be made and levied on the same basis as applied before the 1st day of November 1989:

Provided that the local authorities constituted by this order may at any time before the 1st day of November 1996 review the basis upon which any such rate is made and levied and may, with the approval of the Local Government Commission, resolve to vary such basis.

120 ASSETS AND LIABILITIES

The provisions of section 60 of the Local Government Amendment Act (No. 2) 1989 shall apply in relation to the apportionment of the assets and liabilities of the former authorities, as defined in Parts II to V of this order, as if this order did not make provision for the apportionment of those assets and liabilities:

Provided that there shall be no apportionment of the assets and liabilities of the Northland Harbour Board pursuant to this clause.

121 LOAN LIABILITIES

Subject to section 37F(2) of the Local Government Act 1974, all loan liabilities existing immediately before the 1st day of November 1989, shall continue to be secured against the area over which they were secured at that date.

122 RESIDUAL AUTHORITIES

In the case of a former authority listed in the Fifth Schedule to this order, the local authority that shall be responsible for—

(a) The preparation of the annual financial statement for that former authority for the financial year commencing on the 1st day of April 1989 and for any earlier financial years for which an annual financial statement has not been prepared or, in the case of the Northland Harbour Board, for the financial year commencing on the 1st day of October 1989 and for any earlier financial years for which an annual financial statement has not been prepared; and

(b) The documents (as defined in section 248 of the Local Government Act 1974) and local archives (as so defined) of that former authority, other than those documents or local archives relating to a specified area or function, shall be the local authority designated in that Schedule as a residual authority in relation to that former authority.

123 CONDUCT OF AFFAIRS

The provisions of section 223C of the Local Government Act 1974 relating to the conduct of affairs of local authorities and community boards applies to the local authorities and community boards constituted by this order.

PART VIII

Miscellaneous

124 KAIPARA HARBOUR AUTHORITY

The Kaipara Harbour, Waters, Foreshore and Harbour Bed Control Order 1980 shall be modified by:

(a) Deleting the definition of “The Councils” in clause 2 of that Order and substituting the following definition:

“ “The Councils” means the Kaipara District Council, the Rodney District Council, the Northland Regional Council and the Auckland Regional Council either individually or collectively”; and

(b) Deleting clauses 1 and 2 of the Third Schedule to that Order and substituting the following clauses:

“(1) The Councils shall be represented on the committee known as the Kaipara Harbour Authority as follows:

Two to be appointed by the Kaipara District Council:

Two to be appointed by the Rodney District Council:

One to be appointed by the Northland Regional Council:

One to be appointed by the Auckland Regional Council.

(2) The Councils shall contribute to the finances of the Kaipara Harbour Authority in a percentage manner as follows:

50 percent to be contributed by the Kaipara District Council:

50 percent to be contributed by the Rodney District Council.

SCHEDULES

First Schedule

PART I

Local Authorities Dissolved and Districts Abolished