13 JUNE NEW ZEALAND GAZETTE 2513

the Wellington City Council, subject to all existing encumbrances.

(3) Every right, title, or interest whatsoever, including any chose in action possessed by the Wellington Harbour Board pursuant to section 7 of the Wellington Harbour Board and the Wellington City Council Vesting and Empowering Act 1987, shall vest in the Wellington City Council.

196 TITLE TO PROPERTY

Any reference, express or implied, to the Wellington Harbour Board in any document whatsoever, or in any entry or record made in any register in relation to any property whatsoever vested in any local authority by this order shall, unless the context otherwise requires, be read as a reference to that local authority.

197 PORT OF WELLINGTON LIMITED

(1) All those shares in the Port of Wellington Limited that are held by the Wellington Harbour Board as at the 31st day of October 1989 are hereby vested in the Wellington Regional Council and the Manawatu-Wanganui Regional Council as follows:

Ten-thirteenths of the number of those shares shall be vested in the Wellington Regional Council:

Three-thirteenths of the number of those shares shall be vested in the Manawatu-Wanganui Regional Council.

(2) Fifty-one percent of the shares vested in each local authority by subclause (1) of this clause shall be shares that belong to the class of shares referred to in section 7(1) of the Port Companies Act 1988.

(3) The other 49 percent of the shares vested in each local authority by subclause (1) of this clause shall be shares:

(a) Which carry voting rights; but

(b) Which do not belong to the class of shares referred to in section 7(1) of the Port Companies Act 1988.

198 LIABILITIES IN RESPECT OF PORT RELATED COMMERCIAL UNDERTAKINGS

(1) All those liabilities of the Wellington Harbour Board as determined under section 29 of the Port Companies Act 1988 shall become liabilities of the Wellington Regional Council and the Manawatu-Wanganui Regional Council, in the same proportions specified in clause 197(1) of this order.

(2) All those debt securities issued by the Port of Wellington Limited to the Wellington Harbour Board under section 29 of the Port Companies Act 1988 are hereby transferred to the Wellington Regional Council and the Manawatu-Wanganui Regional Council, in the same proportions specified in clause 197(1) of this order.

199 RESIDUAL ASSETS AND LIABILITIES

All the assets and liabilities of the Wellington Harbour Board as at the close of the 31st day of October 1989 for which provision for vesting is not otherwise made in this order are declared to be assets and liabilities of the Wellington Regional Council.

PART XII

Hutt Valley Drainage Board

200 TRANSFER OF FUNCTIONS

(1) The functions, duties, and powers of the Hutt Valley Drainage Board, under the Hutt Valley Drainage Act 1967 or any other Act, are hereby transferred to the Lower Hutt City Council.

(2) The provisions of sections 1 and 2, and 20 to 88 of the Hutt Valley Drainage Act 1967 shall, with the necessary modifications, continue to apply to the functions, duties, and powers transferred by subclause (1) of this clause to the Lower Hutt City Council in its conduct thereof:

Provided that for the purposes of sections 57 to 66 of that Act the Lower Hutt City Council shall also be a contributing authority.

201 HUTT VALLEY SERVICES COMMITTEE

(1) The Lower Hutt City Council shall unite with the Upper Hutt City Council to establish and maintain a Hutt Valley Services Committee as a joint committee.

(2) The Hutt Valley Services Committee shall be responsible for considering the co-ordination of activities of the two councils in respect of matters affecting the Hutt Valley as a whole.

(3) The Hutt Valley Services Committee shall, in particular, co-ordinate waste disposal services for the Hutt Valley.

(4) The Committee shall consist of an equal number of members appointed by the Upper Hutt City Council and the Lower Hutt City Council.

(5) The position of Chairperson of the Committee shall alternate annually, between first, a member appointed by the Lower Hutt City Council, and secondly, a member appointed by the Upper Hutt City Council.

202 HUTT VALLEY DRAINAGE FUND

(1) The Lower Hutt City Council shall establish and maintain a special fund, to be known as the “Hutt Valley Drainage Fund”, in respect of the functions, duties, and powers previously vested in the Hutt Valley Drainage Board.

(2) The Lower Hutt City Council shall establish and maintain a register of the assets of the Hutt Valley Drainage Board and those assets purchased or otherwise obtained by the Lower Hutt City Council in respect of the functions previously carried out by the Hutt Valley Drainage Board.

(3) The proceeds of the sale or the disposition of any of the assets to which this clause applies shall be credited to the Hutt Valley Drainage Fund.

(4) If any asset to which this clause applies is transferred to another activity of the Lower Hutt City Council, the Hutt Valley Drainage Fund shall be credited with the value of that asset.

(5) If at any time the whole of the assets to which this clause applies are sold or otherwise disposed of, the proceeds of that sale or disposition shall be apportioned between the Lower Hutt City Council and the Upper Hutt City Council on the basis of the proportion of contributions for which each council is liable, pursuant to section 58 of the Hutt Valley Drainage Act 1967.

203 VESTING OF PROPERTY

Any property vested in the Hutt Valley Drainage Board is hereby vested in the Lower Hutt City Council, subject to all existing encumbrances.

204 TITLE TO PROPERTY

Any reference, express or implied, to the “Hutt Valley Drainage Board” in any instrument or other document whatsoever, or in any entry or record made in any register in relation to any land whatsoever vested in the Lower Hutt City Council by clause 203 of this order shall, unless the context otherwise requires, be read as a reference to “The Lower Hutt City Council”.

PART XIII

Wellington Waste Disposal Committee

205 FUNCTIONS

(1) A joint committee, to be known as “The Wellington Waste Disposal Committee”, shall be established by the Lower Hutt City Council, the Wellington City Council and the Upper Hutt City Council.

(2) The Wellington Waste Disposal Committee shall be responsible for implementing and supervising a joint agreement made between the Wellington City Council and