(1) For the purposes of this section, unless the context otherwise requires,—
Commissioner means the Matakaoa County Commissioner for the time being in office under this section
Council means the Council of the County of Matakaoa
County means the County of Matakaoa
Deputy Commissioner means the Deputy Matakaoa County Commissioner for the time being in office under this section
Minister means the Minister of Internal Affairs.
(2) The Governor-General in Council may, if he thinks fit, appoint a fit person to be the Matakaoa County Commissioner.
(3) The Governor-General in Council may also appoint a fit person to be the Deputy Matakaoa County Commissioner, who shall act when there is any vacancy in the office of Commissioner or when the Commissioner is unable to Act and while so acting shall be deemed to be the Commissioner.
(4) The Commissioner and the Deputy Commissioner shall continue in office until the Councillors of the county elected at the first general election of such Councillors to be held after the Commissioner's appointment come into office.
(5) The Commissioner or the Deputy Commissioner may be at any time removed from office by the Governor-General in Council for disability, insolvency, neglect of duty, incompetence, or misconduct; or he may at any time resign his office by writing addressed to the Minister. In any such case, or in the event of the death of the Commissioner or Deputy Commissioner, the Governor-General in Council may appoint any other person to be the Commissioner or Deputy Commissioner, to hold office for the remainder of the period specified in the last preceding subsection.
(6) Subject to the provisions of this section, the Commissioner, in the name and on behalf of the Council or the Corporation of the County of Matakaoa, as the case may require, may exercise any power, and shall perform all the duties, conferred or imposed upon the Council by the Counties Act 1920, or by any other Act or by any instrument or otherwise.
(7) During the term of office of the Commissioner the Council shall not exercise any power or perform any duty conferred or imposed upon it as aforesaid.
(8) Any power given to the Council to do anything by special order may be exercised by the Commissioner by a special entry in the minute-book of the Council, signed by the Commissioner and confirmed by a similar entry made not sooner than the twenty-eighth day and not later than the seventieth day after the date of such special entry. Public notice of such special entry and of the place and date fixed for its confirmation shall be given once in each of the four weeks immediately preceding the date fixed for its confirmation.
(9) All cheques drawn on any bank account of the Council or of the Corporation shall be signed by the Treasurer and countersigned by the Commissioner or by any two of such persons as the Commissioner from time to time authorizes to sign cheques.
(10) The Commissioner and the Deputy Commissioner shall be paid such remuneration, allowances, and expenses as are fixed from time to time by the Governor-General in Council. All payments under this subsection shall be made out of the County Fund.
(11) The first election of Councillors of the county to be held after the appointment of the Commissioner shall be the election to be held pursuant to the Local Elections and Polls Act 1953, on the second Saturday in October, nineteen hundred and sixty-five.
(12) The borrowing and owing of moneys by the Council at any time before the passing of this Act by way of overdraft in excess of the limits prescribed by the Local Bodies' Finance Act 1921-22, are hereby validated.
(13) Notwithstanding anything to the contrary in the said Local Bodies' Finance Act 1921-22, while this section remains in force the limits of the powers of the Council or Commissioner, as the case may be, to borrow or owe moneys under section three of that Act shall be such as may from time to time be approved by the Minister.
Subsection (11) was amended, as from 28 March 1941, by section 2(4) Local Elections and Polls Amendment Act 1941 (1941 No 2) by substituting the words “third Saturday in May”
for the words “second Wednesday in May”
.
Subsection (11) was further amended, as from 12 October 1946, by section 2(9) Local Elections and Polls Amendment Act 1946 (1946 No 27) by substituting the words “third Wednesday in November”
for the words “third Saturday in May”
.
Subsection (11) was further amended, as from 29 September 1950, by section 2(8) Local Elections and Polls Amendment Act 1950 (1950 No 30) by substituting the words “third Saturday in November”
for the words “third Wednesday in November”
.
Subsection (11) was amended, as from 13 November 1934, by section 2 Local Legislation Act 1934 (1934 No 33) by substituting the words “nineteen hundred and thirty-eight”
for the words “nineteen hundred and thirty-five”
.
Subsection (11) was further amended, as from 11 December 1937, by section 11(1) Local Legislation Act 1937 (1937 No 25) by substituting the words “nineteen hundred and forty-one”
for the words “nineteen hundred and thirty-eight”
.
Subsection (11) was further amended, as from 30 August 1940, by section 2(1) Local Legislation Act 1940 (1940 No 16) by substituting the words “nineteen hundred and forty-four”
for the words “nineteen hundred and forty-one”
.
Subsection (11) was further amended, as from 25 August 1943, by section 3(1) Local Legislation Act 1943 (1943 No 17) by substituting the words “nineteen hundred and forty-seven”
for the words “nineteen hundred and forty-four”
.
Subsection (11) was further amended, as from 12 October 1946, by section 2(1) Local Legislation Act 1946 (1946 No 39) by substituting the words “nineteen hundred and fifty”
for the words “nineteen hundred and forty-seven”
.
Subsection (11) was further amended, as from 18 November 1950, by section 7(1) Local Legislation Act 1950 (1950 No 79) by substituting the words “nineteen hundred and fifty-three”
for the words “nineteen hundred and fifty”
.
Subsection (11) was further amended, as from 27 August 1953, by section 102 Local Elections and Polls Act 1953 (1953 No 16) by substituting the words “thirty-first day of October nineteen hundred and fifty-three”
for the words “third Saturday in November nineteen hundred and fifty-three”
.
Subsection (11) was further amended, as from 31 October 1953, by section 7(1) Local Legislation Act 1953 (1953 No 106) by substituting the words “third Saturday in November, nineteen hundred and fifty-six”
for the words “thirty-first day of October, nineteen hundred and fifty-three”
.
Subsection (11) was further amended, as from 25 October 1956, by section 10(1) Local Legislation Act 1956 (1956 No 48) by substituting the words “nineteen hundred and fifty-nine”
for the words “nineteen hundred and fifty-six”
.
Subsection (11) was substituted, as from 1 January 1962, by section 2(4) Local Elections and Polls Amendment Act 1961 (1961 No 22) [Repealed].