13 JUNE

NEW ZEALAND GAZETTE

2499

shall consist of six members elected by the electors of that community.

(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 Wellington City.

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

49 RATING

(1) The system of rating in the Wellington City shall be the capital value system.

(2) Until the Valuer-General is able to produce a valuation roll for the Wellington City, Part XIV of the Rating Powers Act 1988 shall apply as if the Wellington City 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 1991 or unless the Wellington City Council resolves otherwise and with the approval of the Local Government Commission pursuant to section 35(1)(k) of the Local Government Act 1974, the system of rating in the area of the former Tawa Borough shall be the land value system.

50 TOWN AND COUNTRY PLANNING

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

(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 Wellington City.

(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 Wellington City Council to the contrary, all such preparation shall be deemed to have been done by, or on behalf of, the Wellington City 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 Wellington City 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 been given, any such appeal shall be deemed to be against the Wellington City Council; or

(c) Such application had been either partly or fully heard or considered by the former authority but no decision thereon had been given, the application shall be heard or considered again by the Wellington City Council or, as the case may require, a committee or delegate thereof.

51 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 Wellington City until a new plan is approved for the Wellington City, in accordance with the Civil Defence Act 1983.

52 VESTING OF PROPERTY

(1) Subject to subclause (3) of this clause, all property, real and personal, vested in the corporation of any former authority and situated in Wellington City is hereby vested in the corporation of the Wellington City Council, subject to all existing encumbrances.

(2) Notwithstanding clauses 114 and 137 of this order, all property, real and personal, vested in the corporation of any former authority, other than the Porirua City Council and the Lower Hutt City 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 Wellington City Council, subject to all existing encumbrances.

(3) All those areas of land specified in paragraphs (a) to (c) of this subclause shall not be vested in the Wellington City Council, as constituted in Part III of this order:

(a) 1 perch, more or less, being part sections 10 and 12 Takapu District, and also being Lot 10, D.P. 29715, Blocks II and VIII, Belmont Survey District, Certificate of Title 10C/966; and

(b) 7 perches, more or less, being part section 12 Takapu District and also being Lot 11, D.P. 29715, Block II, Belmont Survey District, Certificate of Title 10C/967; and

(c) 14.0264 hectares, more or less, being Lot 2, D.P. 51415, Block VII, Belmont Survey District, Certificate of Title 24A/191.

53 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 Wellington City Council by clause 52 of this order shall, unless the context otherwise requires, be read as a reference to “The Wellington City Council”.

54 TRANSITIONAL COMMITTEE

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

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

(a) The former Wellington City Council; and

(b) The Tawa Borough Council; and

(c) The Porirua City Council.

55 MEMBERSHIP OF TRANSITIONAL COMMITTEE

The transitional committee for the Wellington City shall consist of:

(a) Two members appointed by the former Wellington City Council; and

(b) Two members appointed by the Tawa Borough Council; and

(c) One member appointed by the Porirua City Council; and

(d) One officer appointed by each local authority, named in clause 54(2) of this order, each of whom shall be a non-voting member of the transitional committee; and

(e) The Chief Executive designate, appointed in accordance with clause 44 of this order, who shall be a non-voting member of the transitional committee; and

(f) One member appointed by the New Zealand Council of Trade Unions, being an employee of a local authority named in clause 54(2) of this order, who shall be a non-voting member of the transitional committee.\n

56 NO CASTING VOTE

The Chairperson of the transitional committee for the Wellington City or other person presiding at any meeting of that committee shall not have a casting vote in the case of equality of votes.