4 JULY
NEW ZEALAND GAZETTE
1689

determination the question of the conviction of David Brian Dougherty for abduction and sexual violation by rape.
MARIE SHROFF, Clerk of the Executive Council.

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District Courts Act 1947
Family Courts Act 1980

Acting District Court Judge Appointed

Pursuant to section 10A of the District Courts Act 1947 and section 7 of the Family Courts Act 1980, the Governor-General, has been pleased to appoint

Peter John McAloon, retired District Court Judge

to be an Acting District Court Judge, to exercise civil and criminal jurisdiction at such place or places and for such period or periods only as the Chief District Court Judge may fix, pursuant to the said section 10A of the District Courts Act 1947, and also to exercise the jurisdiction of the Family Courts, pursuant to the said section 7 of the Family Courts Act 1980, for a term of 12 months on and from the 1st day of August 1996.

Dated at Wellington this 24th day of June 1996.

D. A. M. GRAHAM, Minister of Justice.

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Transport

Harbours Act 1950

Sale of Motueka Harbour Land

Pursuant to Part IV of the Harbours Act 1950, and to a delegation from the Minister of Transport, the Secretary for Transport, having obtained pursuant to section 143A (3) of the Harbours Act 1950, the concurrence of the Secretary for the Treasury under delegation from the Minister of Finance, hereby approves, pursuant to section 143A (1) (a) and section 143c (1) (b) (i) of the Act, the sale of land referred to in the Schedule below by The Tasman District Council and specifies that this approval is effective from the date of this notice.

Schedule

(a) All that parcel of land containing 904 square metres, more or less, situate in Block IV, Motueka Survey District, being Lot 1 on Deposited Plan 10106 and being all of the land comprised and described in certificate of title, Volume 5D, folio 27 (Nelson Registry).

(b) All that parcel of land containing 1115 square metres, more or less, situate in Block IV, Motueka Survey District, being Lot 1 on Deposited Plan 10449 and being all of the land comprised and described in certificate of title, Volume 5D, folio 679 (Nelson Registry).

Dated at Wellington this 28th day of June 1996.

STEWART MILNE, Secretary for Transport.

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Transit New Zealand Act 1989

Ministerial Determination for the Formation and Operation of Business Units Competing for Minor and Ancillary Works and Reporting Requirements—1996

Under section 32 (b) and 32 (c) (i) and (ii) of the Transit New Zealand Act 1989 (as amended by the Transit New Zealand Amendment Act 1995) the Minister of Transport, in consultation with the Board of Transfund New Zealand, makes the following determination.

Determination

1. Title and commencement—This determination may be cited as the Ministerial Determination for the Formation and Operation of Business Units Competing for Minor and Ancillary Works and Reporting Requirements—1996 and commences on the date that it is signed by the Minister of Transport.

2. Interpretation—(1) In this determination, unless the context otherwise requires, “the Act” means the Transit New Zealand Act 1989.

(2) Unless the context otherwise requires, terms used in this determination and defined in the Act have the same meaning as in the Act.

3. Business unit requirements—The requirements for the formation and operation of a business unit of a local authority competing for minor and ancillary works subject to competitive pricing procedures to which payments may be made under section 27 of the Act are as follows:

Formation—The business unit must be formed by resolution of the council of the local authority (the “parent local authority”).

Operation—The business unit must:

(a) Business Plan: adopt and operate in accordance with a written annual business plan which (at a minimum) must contain the following in respect of the business unit:

• Its purpose or mission;
• The goods and services to be provided by it;
• Its performance targets;
• The content and frequency of its reporting requirements to the parent local authority;
• Its operating budget;
• Its accounting procedures;

(b) Autonomy: be a separately identified unit within the overall activities of the local authority and to this end:

(i) Allocation and costing of goods and services employed: the cost of all goods and services allocated to or employed in the business unit from its parent local authority or external suppliers must be fully charged to the business unit, and must be evidenced in a written agreement quantifying the goods and services and the price;

(ii) Independence of infrastructural asset managers: no member of the staff of the parent local authority involved in infrastructural asset management may work for, or be involved, in the business unit or its activities; provided that this shall not affect the overall supervisory responsibilities of the Chief Executive Officer of the parent local authority.

(iii) Accounting for business unit activities: the accounting records for the business unit must enable the surplus/deficit generated by the activities of the business unit to be measured and reported in accordance with generally accepted accounting practice to the parent local authority;

(iv) The fair value of capital employed to be established: the fair value of the parent local authority’s investment (notional debt/equity) in the business unit must have been determined and supported by independent valuation and must be updated annually.

(v) Expected rate of return on local authority