13 JUNE NEW ZEALAND GAZETTE 2451

whereas, jetties, boat ramps, and other harbour facilities formerly the responsibility of the Taranaki Harbours Board and transferred to the New Plymouth District Council by Part VI of this order; and

(c) The functions, duties, and powers of an administering body under the Reserves Act 1977 in respect of those reserves being administered by the former authorities immediately before the date of commencement of this clause.

44 ADMINISTRATION HEADQUARTERS

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

45 SERVICE DELIVERY CENTRES

The New Plymouth District Council shall, at least until the 1st day of November 1995, establish and maintain service delivery centres, in—

(a) Inglewood; and
(b) Waitara; and
(c) Oakura,

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

46 COMMUNITIES

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

(a) The area of the Okato Ward, to be known as “The Okato Community”; and
(b) The area of the Inglewood Ward, to be known as “The Inglewood Community”; and
(c) The area of the Waitara Ward, to be known as “The Waitara Community”; and
(d) The area of the Clifton Ward, to be known as “The Clifton Community”.

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

(a) Six members elected by the electors of the community; and
(b) The persons elected from time to time as members of the New Plymouth District Council, representing the ward comprising the area of the community, and appointed by the New Plymouth 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 New Plymouth City.

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

47 RATING

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

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

48 TOWN AND COUNTRY PLANNING

(1) The New Plymouth District Council shall not be required to prepare a new district scheme, immediately, for the New Plymouth 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 New Plymouth 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 New Plymouth District Council to the contrary, all such preparation shall be deemed to have been done by, or on behalf of, the New Plymouth District Council and may be adopted and acted upon by it.

(4) Where before the date of commencement 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 New Plymouth 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 New Plymouth 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 New Plymouth District Council or, as the case may require, a committee or delegate thereof.

49 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 New Plymouth District until a new plan is approved for the New Plymouth District, in accordance with the Civil Defence Act 1983.

50 VESTING OF PROPERTY

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

(2) All property, real and personal, vested in the corporation of any former authority, and situated in a district in which that former authority is not also a former authority, is hereby vested in the corporation of the New Plymouth District Council, subject to all existing encumbrances.

51 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 New Plymouth District Council by clause 50 of this order shall, unless the context otherwise requires, be read as a reference to “The New Plymouth District Council”.

52 TRANSITIONAL COMMITTEE

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

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

(a) The New Plymouth City Council; and
(b) The North Taranaki District Council; and
(c) The Inglewood District Council; and
(d) The Clifton County Council.

53 MEMBERSHIP OF TRANSITIONAL COMMITTEE

The transitional committee for the New Plymouth District shall consist of:

(a) Three members appointed by the New Plymouth City Council; and