Wellington City Betterment Act 1900

Wellington City Betterment Act 1900

Local Act1900 No 8
Date of assent20 October 1900

AN ACT to require the Owners of Lands lying adjacent to Public Streets widened by the Wellington City Council to bear Part of the Cost of the Execution of the Works.

  • Preamble

    WHEREAS by section sixty-eight of The Public Works Act 1894, it is enacted that in determining the amount of compensation to be awarded under the provisions of that Act the Compensation Court shall take into account by way of deduction from the compensation any increase in the value of the claimants' lands likely to be caused by the execution of the works: And whereas in cases of street-widening works, where the additional land required is taken on one side only of the street, the owners from whom land is taken contribute under the said section sixty-eight towards the cost of the work, while the owners on the opposite side make no contribution in respect of the enhancement in value derived by their lands through the execution of the work: And whereas this is inequitable:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same as follows:—

1 Short Title
  • The Short Title of this Act is The Wellington City Betterment Act 1900.

2 Interpretation
  • In this Act, if not inconsistent with the context,—

    City means the City of Wellington, and includes all areas to be hereafter added to the same

    Corporation means the Mayor, Councillors, and Citizens of the City of Wellington

    Council means the Council of the City of Wellington.

3 Landowners to pay compensation for increase in value derived from widening street
  • Where the Council shall, after the coming into operation of this Act, widen any street in the city, or widen any part of the length of any such street, and shall take or purchase or otherwise acquire the land required for such purpose from one side only of the street, then and in every such case the several owners of the respective lands fronting or having any frontage to the opposite side of the street shall pay to the Corporation by way of compensation such sums of money as shall represent the increase in the value of such lands respectively likely to be caused by the execution of the work of widening the said street or part of street.

4 Application of Part 3 of Public Works Act 1894.
  • The several amounts to be paid to the Corporation as aforesaid shall be ascertained in manner provided by Part 3 of The Public Works Act 1894, or in a manner as near thereto as, in the opinion of the Compensation Court set up under this present Act and that Act, the circumstances of each case will admit; and the provisions of the said Part 3 shall, mutatis mutandis, be deemed incorporated in this Act, but so that the Corporation shall be the claimant and the several landowners affected be the respondents. Claims for compensation under this Act may be in or to the effect of the form given in Schedule 1.

5 Several claims may be heard together
  • The said Compensation Court shall have power, on the application of any party, to order that all or any claims for compensation under this Act in respect of any parcel of land in which several persons have qualified or partial interests shall be heard and determined together; and any claims whatever for compensation under this Act may, with the consent in writing of all parties, be heard and determined together. Where the said Court hears and determines several compensation claims together, it shall have power to apportion the compensation awarded against the several respondants in such proportions and manner as to the Court shall seem just.

6 Compensation Court may ascertain owners
  • For the purpose of ascertaining and awarding compensation under this Act, the President of the said Compensation Court shall have power to determine who are the owners of the lands, estates, or interests in respect of which compensation is claimed by the Corporation, or he may, if he thinks fit, state a case for the decision of the High Court thereon; and such determination or decision shall be followed by the Compensation Court on making its award.

    The words High Court were substituted for the words Supreme Court, as from 1 April 1980, pursuant to section 12 Judicature Amendment Act 1979 (1979 No 124).

7 Claims to be made within one year
  • Claims for compensation under this Act shall be made within one year from the execution of the work out of which they aridse, and not afterwards.

8 Awards to be final
  • All findings and awards of the Compensation Court set up under this Act shall be final on all questions lawfully coming before it.

9 Owners may pay compensation by instalments
  • If any respondent shall desire to pay his compensation with interest at the rate of four dollars fifty cents per centum per annum in equal half-yearly instalments extending over a period of twenty years, and of such his desire shall give notice in writing to the Town Clerk of the Corporation within one calendar month after making of the award, and if such respondent shall at the request the said Town Clerk sign and deliver to him a memorandum of charge upon the estate or interest forming the subject of the compensation claim made against him such respondent, in the form given in Schedule 2 or to the like effect, and shall pay the costs of the preparation and completion of the said instrument, then and in every such case such respondent shall have the right to pay such compensation by instalments as aforesaid. Such memorandum of charge shall operate as a first charge upon the said estate or interest of the said respondent, ranking in priority to all estates, encumbrances, and interests created by him or any of his predecessors in title to his said estate or interest, and may be registered without fee in the Deeds Register or Land Registry Office, as the case may be.

    The words four dollars fifty cents were substituted, as from 10 July 1967, for the words four pounds ten shillings pursuant to section 7(2) Decimal Currency Act 1964 (1964 No 27).

10 Instalments may be paid off before due
  • The Corporation shall at any time receive the whole of the unpaid instalments secured by any such memorandum of charge as aforesaid, and shall make a rebate of interest in respect of such earlier payment.

11 Charge may be vacated
  • A receipt, signed by the City Treasurer, indorsed on any such memorandum of charge, and expressed to be in full for all moneys secured thereby, shall vacate such charge.

12 Application of compensation
  • The moneys received by the Corporation by virtue of this Act shall be applied by it for the purpose of carrying out the street-widening work in respect of which the same moneys are so received, and to no other purpose.


Schedule 1
Form of Claim to Compensation

.

Under the authority of The Wellington City Betterment Act 1900, and Part III of The Public Works Act 1894. To , of, owner of an estate or interest in fee-simple [or as tenant for life, or as leaseholder, or as the case may be] in the land described below: WHEREAS the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter called the Corporation) have widened Street, in the City of Wellington, whereby the value of the said lands described below, which front the said street, and in which you are interested as aforesaid, is likely to be increased: This is to give you notice that the Corporation claims from you the sum of as compensation for the said increase in value of the said lands. [Description of lands.] Given under my hand, this day of , 19 .

  A B, Town Clerk.

Schedule 2
Form of Charge

.

I, THE undersigned , of , do hereby, in pursuance of The Wellington City Betterment Act 1900, charge my estate or interest as [Here describe same] in [Here describe land] with the payment to the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter called the Corporation) of [Number] equal half-yearly payments of each, payable on the day of the months of in each year, the first payment to be made on the day of , 19 : Such charge to be a first charge upon my said estate and interest in priority to all estates, encumbrances, and interests created by me or any of my predecessors in title, as provided by the said Act: And I, the said , hereby covenant with the Corporation to pay to the Corporation the said several instalments on the respective dates aforesaid. Given under my hand, this day of , 19.

  C D
Signed by the said CD, in the presence of—E F