13 JUNE NEW ZEALAND GAZETTE 2527

98 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 Westland District Council by clause 97 of this order shall, unless the context otherwise requires, be read as a reference to “The Westland District Council”.

99 TRANSITIONAL COMMITTEE

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

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

(a) The Westland County Council; and

(b) The Hokitika Borough Council.

100 MEMBERSHIP OF TRANSITIONAL COMMITTEE

The transitional committee for the Westland District shall consist of:

(a) Three members appointed by the Westland County Council; and

(b) Three members appointed by the Hokitika Borough Council; and

(c) One member appointed by the Local Government Commission; and

(d) One officer appointed by each local authority named in clause 99(2) of this order, who shall be non-voting members of the committee; and

(e) The Chief Executive designate, when appointed in accordance with clause 103 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 99(2) of this order, who shall be a non-voting member of the transitional committee.

101 NO CASTING VOTE

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

102 EXCLUSION OF NON-VOTING MEMBERS

The transitional committee for the Westland District may resolve to exclude any non-voting member of that committee from any meeting or part of a meeting where it proposes to consider any matter that affects that member personally.

103 OBLIGATION OF TRANSITIONAL COMMITTEE TO APPOINT CHIEF EXECUTIVE

The transitional committee for the Westland District shall appoint a person to be the Chief Executive of the Westland District Council.

104 PRINCIPAL LOCAL AUTHORITY

The principal local authority for the transitional committee for the Westland District shall be the Westland County Council.

105 COSTS OF TRANSITIONAL COMMITTEE

(1) The costs of the transitional committee for the Westland District (including the costs of providing administrative services to it) shall be borne and paid by the local authorities named in clause 99(2) of this order either:

(a) In accordance with a formula agreed to by that committee; or

(b) If there is no such agreement, in accordance with the following formula—

The proportion of those costs to be borne and paid by each local authority shall equal the proportion that the population (as at the time of the Census of Population and Dwellings held on the 4th day of March 1986) of:

(i) The district of that local authority; or

(ii) Those parts of the district of that local authority to be included in the Westland District,

as the case may be, bears to the total of the populations (as at the time of that census) of all of the districts of the local authorities or parts of the districts of the local authorities to be included in the Westland District.

106 CONSULTATION WITH ADMINISTERING AUTHORITIES OF RESERVES

(1) The transitional committee for the Westland District shall consult with each administering body under the Reserves Act 1977 for each reserve whose functions, duties, and powers are, by this order, allocated to the Westland District Council.

(2) The consultation shall be for the purpose of discussing the possible establishment of a committee of management for each reserve being administered by those administering authorities.

(3) Where, following that consultation, the transitional committee for the Westland District considers it desirable that any committee or committees of management be established, the transitional committee shall recommend to the Westland District Council that it establish such a committee or committees of management.

PART VI

GREYMOUTH HARBOUR BOARD

107 VESTING OF PROPERTY

All assets and liabilities of the Greymouth Harbour Board are hereby vested in the Grey District Council, subject to all existing encumbrances.

108 TITLE TO PROPERTY

Any reference, express or implied, to the “Greymouth Harbour Board” in any instrument or other document whatsoever, or in any entry or record made in any register in relation to any property whatsoever vested in the Grey District Council by clause 107 of this order shall, unless the context otherwise requires, be read as a reference to that local authority.

109 FINANCE

(1) The income derived from the use or disposal of any property vested in the Grey District Council by clause 107 of this order, may only be applied:

(a) Towards the operation or development of the Port of Greymouth; or

(b) For such other purposes as authorised by the Harbours Act 1950 or any other Act.

(2) For accounting purposes, the functions of the former Greymouth Harbour Board shall be a separate activity for which a separate set of financial statements shall be prepared.

PART VII

GENERAL

110 TRANSFER OF RESPONSIBILITIES

(1) Except as otherwise provided in this order, a local authority constituted by this order shall, in respect of the district of that local authority:

(a) Have and may exercise and be responsible for all the powers, duties, acts of authority and functions which were previously exercised, or which could have been so exercised, by the former authorities had they not been dissolved; and

(b) Have and may exercise and be responsible for all liabilities, obligations, engagements and contracts which previously were, or which would have been, the responsibility of the former authorities had they not been dissolved;