2428 NEW ZEALAND GAZETTE No. 99

has been made for all liabilities, any money 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 Local Government 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.

173 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 consent of the Local Government Commission, resolve to vary such basis.

174 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 VII 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 Otago Harbour Board pursuant to this clause.

175 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.

176 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 Otago 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.

177 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.

SCHEDULES

First Schedule

PART I

Local Authorities Dissolved and Districts Abolished

PART II

Local Authorities Dissolved

Dunedin Drainage and Sewerage Board
Bruce District Noxious Plants Authority
Clutha District Noxious Plants Authority
Lake District Noxious Plants Authority
Maniototo District Noxious Plants Authority
Tuapeka District Noxious Plants Authority
Vincent District Noxious Plants Authority
Silverpeaks District Noxious Plants Authority
Waihemo District Noxious Plants Authority
Waitaki District Noxious Plants Authority
Wangaloa Domain Board
Pounawea Recreation Reserve Board
Gimmerburn Recreation Reserve Board
Hills Creek Recreation Reserve Board
Hyde Recreation Reserve Board
Paerau Recreation Reserve Board
Patearoa Recreation Reserve Board
Taieri Lake Domain Board
Hawea Recreation Reserve Board
Horopito Domain Board