13 JUNE

NEW ZEALAND GAZETTE

146 CHIEF EXECUTIVE

(1) The Chief Executive for the Clutha District Council shall be the person appointed to that position in accordance with clause 160 of this order.

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

147 FUNCTIONS, DUTIES, AND POWERS

The functions, duties, and powers of the Clutha 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 Clutha District Council or any of the former authorities; and

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

(b) 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 clause.

148 ADMINISTRATION HEADQUARTERS

Until the Clutha District Council otherwise resolves, the administration headquarters of that Council shall be located in Balclutha.

149 SERVICE DELIVERY CENTRES

The Clutha District Council shall, at least until the 1st day of November 1995, establish and maintain a service delivery centre in:

(a) Kaitangata; and

(b) Lawrence; and

(c) Milton; and

(d) Tapanui,

in accordance with the provisions of the Third Schedule to this order.

150 COMMUNITIES

(1) There is hereby constituted a community for each of the following:

(a) The area of the Lawrence-Tuapeka Ward to be known as “The Lawrence-Tuapeka Community”; and

(b) The area of the West Otago Ward to be known as “The West Otago Community”.

(2) The community board for each community constituted by subclause (1) of this clause shall consist of:

(a) Six members to be elected by the electors of the community; and

(b) The persons elected from time to time as members of the Clutha District Council representing the ward comprising the area of that community, and appointed by the Clutha District Council to the community board.

(3) The Returning Officer for the first election of the community boards for those communities constituted by this clause shall be the Returning Officer for the Bruce District.

(4) The first election of the community boards for those communities constituted by this clause shall be conducted by postal vote.

151 RATING

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

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

(3) Subject to section 103 of the Rating Powers Act 1988, until the 30th day of June 1994, the system of rating for that area of the former Tuapeka County which is included in the Clutha District, shall be the capital value system.

152 TOWN AND COUNTRY PLANNING

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

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

154 VESTING OF PROPERTY

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

(2) All property, real and personal, vested in the corporation of a former authority, other than the Southland County 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 Clutha District Council, subject to all existing encumbrances.

155 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 Clutha District Council by clause 154 of this order shall, unless the context otherwise requires, be read as a reference to the Clutha District Council.