This Act may be cited as the Taupo County Act 1954.

This Act shall come into force on a day to be appointed for the commencement thereof by the Governor-General by Proclamation.

In this Act, unless the context otherwise requires,—

As from the commencement of this Act, but subject to the provisions of this Act, the Counties Act 1920 shall be in force in the county.

Section six of the Counties Act 1920 (as amended by subsection two of section fourteen of the Waikato and King Country Counties Act 1921–22) is hereby further amended by omitting the word “Taupo”.

Subsection two of section fourteen of the Waikato and King Country Counties Act 1921–22 is hereby repealed.

The Governor-General may, by Order in Council, divide the county into such number of ridings not exceeding twelve, with such names and boundaries, as he thinks fit.

Notwithstanding anything in the Counties Act 1920 or in the Local Elections and Polls Act 1953, the first election of members of the County Council shall not be held until a date to be appointed by the Governor-General by Order in Council.

By the Order in Council appointing the date for the first election of members of the County Council, or by a subsequent Order in Council, the Governor-General—

The Governor-General may from time to time, by Warrant, appoint a Commissioner for the county, to be known as the Taupo County Commissioner.

Subject to the provisions of subsection three of this section, the Commissioner so appointed shall continue in office until the members of the County Council elected at the first general election of members of the Council held after his appointment come into office.

The Commissioner may be at any time removed from office by the Governor-General for disability, insolvency, neglect of duty, 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, the Governor-General may, by Warrant, appoint any other person to be the Commissioner, to hold office for the remainder of the period specified in subsection two of this section, and pending the making of that appointment the County Clerk, or such other person as the Minister appoints, shall act as Commissioner, and while so acting shall be deemed to be the Commissioner.

In case of the illness, absence, or temporary incapacity of the Commissioner (from whatever cause arising), and so long as the illness, absence, or temporary incapacity continues, the Minister may authorize the County Clerk, or may appoint some other person, to act as Commissioner, and while so acting the County Clerk or other person shall be deemed to be the Commissioner.

Subject to the provisions of this Act, the Commissioner may exercise any power, and shall perform all the duties and have all the functions and be subject to all the liabilities, conferred or imposed on the County Council of the county by the Counties Act 1920 or by any other Act or by any instrument or otherwise.

The Commissioner may exercise any power, and shall perform all the duties, conferred or imposed by any Act upon the Chairman of the county.

Where at any time there is no County Clerk, the Commissioner may exercise any power, and shall perform all the duties, conferred or imposed by any Act upon the County Clerk.

Any reference in any Act to the local authority of any district shall, in relation to the county, be deemed, while a Commissioner for the county is appointed under this Act, to be a reference to the Commissioner.

The Commissioner shall not be personally liable in respect of anything done or omitted to be done in the performance or intended performance of his obligations under this Act, except in the cases in which and to the extent to which the Chairman or any Councillor of a county would be personally liable in respect of the same matter.

All property, rights, powers, authorities, claims, obligations, liabilities, contracts, and engagements of the Commissioner shall, on the date when the members of the County Council elected at the first election of members of the County Council come into office, be the property, rights, powers, authorities, claims, obligations, liabilities, contracts, and engagements of the Corporation or the Council of the county, as the case may require, and shall be enforceable by or against the Corporation or Council of the county, as the case may be.

Any power given to the County Council of the county to do anything by resolution may be exercised by the Commissioner by a special entry in the minute book kept by the Commissioner.

Any power given to the County Council of the county to do anything by special order may be exercised by the Commissioner by a special entry in the minute book kept by the Commissioner, signed by the Commissioner and confirmed by a similar entry made not sooner than the twenty-eighth day and not later than the forty-second day after the date of the special entry. Public notice of the purport of every such special entry and of the date fixed for its confirmation shall be given twice during the period of twenty-eight days immediately preceding that date, with an interval of not less than fourteen days between the two notifications.

All cheques drawn on any bank account of the Commissioner shall be signed by the Commissioner and the County Clerk or Treasurer or, where no County Clerk or Treasurer is appointed, by the Commissioner alone.

Where the Commissioner is authorized to enter into any contract or to sign any instrument or document of any kind, that authority may be exercised in the following manner:

Every order, notice or other such document requiring authentication by the County Council of the county may be signed by the Commissioner or by the County Clerk, or, where there is no County Clerk, by some other officer authorized for the purpose by the Commissioner, and need not be under seal.

As soon as practicable after the appointment of the Commissioner there shall be appointed in accordance with this section an advisory committee for the county.

The Commissioner may exercise his powers and functions under this Act, notwithstanding that there may for the time being be no advisory committee.

The advisory committee shall consist of such number of residents or ratepayers of the county (being at least one for each riding) as the Commissioner appoints from a panel of names chosen at one or more public meetings of residents and ratepayers of each riding convened by the Commissioner and conducted in a manner determined by the Commissioner.

Every member of the advisory committee shall hold office for two years, but may at any time be removed from office by the Commissioner for disability, neglect of duty, or misconduct, or he may at any time resign his office by writing addressed to the Commissioner.

On the occurrence from any cause of a vacancy in the advisory committee, the vacancy may be filled by the Commissioner in such manner as he thinks fit.

The advisory committee may advise the Commissioner on any matter relating to the administration of the county.

Subject to any resolution of the Commissioner regulating the proceedings of the advisory committee, the advisory committee may regulate its own proceedings.

There may be paid out of the County Fund to the members of the advisory committee attending meetings of the committee called by the Commissioner or travelling on the business of the county with the authority of the Commissioner travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951, and the provisions of that Act shall apply accordingly as if the members of the committee were members of a statutory Board within the meaning of that Act.

For the purpose of providing sufficient funds for the administration of the county until the revenue from rates and other sources is sufficient for the purpose,—

The Commissioner shall be paid such remuneration, allowances, and expenses as the Minister of Finance determines from time to time.

All payments under subsection one of this section shall be made out of the General Account.

In the event of any person being appointed to be the Commissioner while he is an officer of or is employed in any branch of the Government service he shall, while he holds that appointment, be deemed to have been granted leave of absence from the branch of the Government service in which he was so employed immediately before his appointment as the Commissioner, and shall, while he holds that appointment and on the termination of that appointment, have the same rights in relation to employment in the Government service as if he had been granted such leave of absence.

In the event of any person being appointed to be the Commissioner while he is an employee of any local authority which is a contributor to the National Provident Fund on his behalf, his service as the Commissioner shall be deemed for the purposes of the National Provident Fund Act 1950 to be permanent employment by the County Council of the county.