13 JUNE NEW ZEALAND GAZETTE 2475

(h) One member shall be elected by the electors of the Paewhenua Ward; and

(i) One member shall be elected by the electors of the Waipa Ward.

108 FIRST ELECTION

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

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

109 FIRST MEETING

The first meeting of the Otorohanga 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.

110 CHIEF EXECUTIVE

(1) The Chief Executive of the Otorohanga District Council shall be the person holding the position of Chief Executive Officer of the former Otorohanga District Council immediately before the coming into force of this clause.

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

111 FUNCTIONS, DUTIES, AND POWERS

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

(iii) Any local Act relating to the Otorohanga 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.

112 ADMINISTRATION HEADQUARTERS

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

113 COMMUNITIES

(1) There is hereby constituted a community for the area of the Otorohanga Ward, to be known as “The Otorohanga Community”.

(2) The community board for the Otorohanga Community 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 Otorohanga District Council, representing the ward comprising the area of the community, and appointed by the Otorohanga District Council to the community board.

(3) There is hereby constituted a community, to be known as “The Kawhia Community”, comprising the area delineated on S.O. Plan No. 58099 deposited with the Chief Surveyor of the South Auckland Land District.

(4) The community board for the Kawhia Community shall consist of:

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

(b) One person elected from time to time as a member of the Otorohanga District Council, representing the ward including the area of the community, and appointed by the Otorohanga District Council to the community board.

(5) 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 former Otorohanga District.

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

114 RATING

The system of rating in the Otorohanga District shall be the land value system.

115 TOWN AND COUNTRY PLANNING

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

(2) The operative district scheme and the proposed district scheme under the Town and Country Planning Act 1977 of the former Otorohanga District Council shall be deemed to be the operative district scheme or, as the case may be, the proposed district scheme of the Otorohanga District.

(3) Where the former Otorohanga District Council had, prior to its dissolution, begun the preparation of any review of its district scheme or any change or variation thereof, then, subject to any resolution of the Otorohanga District Council to the contrary, all such preparation shall be deemed to have been done by, or on behalf of, the Otorohanga 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 the former Otorohanga District Council 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 on such application or any objection thereto, the application shall be deemed to have been made to the Otorohanga 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 Otorohanga 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 Otorohanga District Council or, as the case may require, a committee or delegate thereof.

116 CIVIL DEFENCE

The operative local civil defence plan for the former Otorohanga District shall continue in force in the Otorohanga District until a new plan is approved for the Otorohanga District, in accordance with the Civil Defence Act 1983.

117 VESTING OF PROPERTY

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

118 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 Otorohanga District Council by clause 117 of this order shall, unless the context otherwise requires, be read as a reference to “The Otorohanga District Council”.