Napier Harbour Board Loan Act 1906

Napier Harbour Board Loan Act 1906

Local Act1906 No 37
Date of assent29 October 1906

An Act to give Power to the Napier Harbour Board to carry out certain Harbour Works and Improvements, and to give Borrowing-powers for carrying out such Works.

  • Preamble

    WHEREAS the Napier Harbour Board is a duly constituted Board under and by virtue of The Napier Harbour Board Act 1875: And whereas by The Napier Harbour Board Empowering and Loan Act 1884, the Napier Harbour Board was authorised to raise money for the purpose of constructing and carrying out certain harbour-works mentioned in section six thereof, and for that purpose to issue debentures for any sum not exceeding in the aggregate the sum of six hundred thousand dollars, and the Napier Harbour Board was thereby empowered to make and levy a rate upon the rateable property in the Napier Harbour Rating District by such Act constituted, the proceeds whereof should be applied towards payment of the annual charges to accrue in respect of the loan thereby raised, and to provide for a sinking fund as therein mentioned: And whereas the said Board, in pursuance of the power so vested in it, raised the sum of six hundred thousand dollars and issued debentures for the same: And whereas by The Napier Harbour Board Empowering Act 1885, the said Board was empowered to pay off the sum of one hundred and fifty thousand dollars borrowed by the said Board on the security of debentures made and given under and in pursuance of the powers contained in The Napier Harbour Board Act 1875, out of the said sum of six hundred thousand dollars borrowed under the provisions of The Napier Harbour Board Empowering and Loan Act 1884: And whereas the sum of one hundred and fifty thousand dollars has been paid by the said Board out of the said sum of six hundred thousand dollars raised by the said Board under the provisions of The Napier Harbour Board Empowering and Loan Act 1884: And whereas by The Napier Harbour Board Loan Act 1892 the Napier Harbour Board was authorised to borrow in addition to the sum authorised by any previous Act, subject to the provisions of The Harbours Act 1878, and to the provisions of the now reciting Act, any sum of money not exceeding four hundred thousand dollars at any rate of interest not exceeding six dollars per centum per annum, to be applied in and about the construction and carrying-out of the works mentioned in section five of the now reciting Act, and for that purpose to issue debentures for any sums of money not exceeding in the aggregate the sum of four hundred thousand dollars at any rate of interest not exceeding six dollars per centum per annum, and the said Board was thereby empowered to make and levy a rate upon the rateable property in the said Napier Harbour Rating District, the proceeds whereof should be applied towards payment of the annual charges to accrue in respect of the loan thereby raised, and to provide for a sinking fund as therein mentioned: And whereas the said Board, in pursuance of the powers so vested in it, has raised the said sum of four hundred thousand dollars and issued debentures for the same: And whereas the total indebtedness of the Board in respect of the loans raised under The Napier Harbour Board Empowering and Loan Act 1884, and The Napier Harbour Board Loan Act 1892, is one million dollars, without taking into account the sinking funds against such loans, amounting to over one hundred and forty thousand dollars: And whereas the growing trade and commerce of the Provincial District of Hawke's Bay requires further and better harbour and wharfage accommodation than exists at the present time, and to that end that harbour-improvement works already authorised should be completed: And whereas the said Board is desirous of providing such further and better harbour and wharfage accommodation, and of giving proper access to and from the works already constructed under The Napier Harbour Board Empowering and Loan Act 1884, and The Napier Harbour Board Loan Act 1892, or hereafter to be constructed, and of completing and constructing other works for the improvement of the Port of Napier, and in order to raise money for such purposes is desirous of borrowing four hundred thousand dollars:

    The words six hundred thousand dollars, one hundred and fifty thousand dollars, four hundred thousand dollars, six dollars, one million dollars and one hundred and forty thousand dollars were substituted, as from 10 July 1967, for the words three hundred thousand pounds, seventy-five thousand pounds, two hundred thousand pounds, six pounds, five hundred thousand pounds and seventy thousand pounds pursuant to section 7(1) and (2) Decimal Currency Act 1964 (1964 No 27).

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 Napier Harbour Board Loan Act 1906.

2 Special Act
  • This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950, which Act is hereby incorporated with this Act.

    A reference to the Harbours Act 1908 was substituted, as from 4 August 1908, for a reference to the Harbours Act 1878 pursuant to section 1(2) Harbours Act 1908 (1908 No 75). That reference was in turn substituted, as from 29 August 1923, by a reference to the Harbours Act 1923 pursuant to section 259(1) Harbours Act 1923 (1923 No 40). That reference was in turn substituted, as from 15 October 1950, by a reference to the Harbours Act 1950 pursuant to section 269(1) Harbours Act 1950 (1950 No 34). The term special Act was omitted from the Harbours Act 1950, as from 1 December 1961, by section 2 Harbours Amendment Act 1961 (1961 No 114).

3 Interpretation
  • In this Act the expression—

    The Board means the Napier Harbour Board as hereinafter provided

    The Chairman means the Chairman of the Board for the time being

    The Treasurer means the Treasurer of the Board for the time being

    The district means the Napier Harbour Rating District as constituted and defined by The Napier Harbour Board Empowering and Loan Act 1884, and shall include all existing boroughs and Town Board districts which at the time of the passing of such Act may have formed part of any of the ridings set out in Schedule 4 thereto.

4 Alteration in constitution of Board
  • [Repealed]

    Section 4 was repealed, as from 24 December 1909, by section 2(3) Napier Harbour Board Loan Act 1909 (1909 No 41).

5 Power to construct harbour-works
  • It shall be lawful for the Board, subject to the provisions of the Harbours Act 1950, to construct such works as are defined by the word harbour-works in the interpretation clause of such Act as shall be by the Board considered necessary for the requirements of the breakwater portion of the Harbour of Napier; and also to erect and construct all such cranes, sheds, and works for the improvement of the said harbour as shall be judged necessary and proper by the Board for the safety, convenience, or reception of vessels resorting to the said harbour, and for the more convenient loading and unloading of such vessels, or for the safety and protection of any works constructed or proposed to be constructed by the Board, and for providing proper access to and from any such works.

    A reference to the Harbours Act 1908 was substituted, as from 4 August 1908, for a reference to the Harbours Act 1878 pursuant to section 1(2) Harbours Act 1908 (1908 No 75). That reference was in turn substituted, as from 29 August 1923, by a reference to the Harbours Act 1923 pursuant to section 259(1) Harbours Act 1923 (1923 No 40). That reference was in turn substituted, as from 15 October 1950, by a reference to the Harbours Act 1950 pursuant to section 269(1) Harbours Act 1950 (1950 No 34).

6 Power to borrow
  • [Repealed]

    Sections 6, 9 to 21, and Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

7 Power to issue debentures
  • (1) It shall be lawful for the Board from time to time to issue debentures for any sums of money not being less than forty dollars nor more than two thousand dollars, and not exceeding in the aggregate the sum of six hundred thousand dollars, repayable on the first day of January, one thousand nine hundred and forty-six; but no money shall be borrowed under the authority of this Act which shall produce to the purchaser a higher rate of interest than five dollars per centum per annum.

    (2) Such moneys may be raised in the manner prescribed by The Local Bodies' Loans Act 1901; and the provisions of that Act shall apply as if the Board were a local authority and the said works were public works within the meaning of Part 1 of that Act.

    Provided that nothing herein shall authorise the Board to make and levy any special rate as a security for the said loan: And provided further that the provisions of Part 1 of the Local Bodies' Loans Act 1908 (having reference to preliminary steps to be taken and the poll of ratepayers), shall be read subject, and be modified according, to the provisions set out in Schedule 1 hereto.

    Subsection (1) was amended, as from 24 December 1909, by section 6 Napier Harbour Board Loan Act 1909 (1909 No 41) by substituting the words three hundred thousand pounds and one thousand nine hundred and forty-six for the words two hundred thousand pounds and one thousand nine hundred and forty-two respectively.

    The words forty dollars, two thousand dollars, six hundred thousand dollars and five dollars were substituted, as from 10 July 1967, for the words twenty pounds, one thousand pounds, three hundred thousand pounds and five pounds respectively pursuant to section 7(1) and (2) Decimal Currency Act 1964 (1964 No 27).

    The proviso to subsection (2) were inserted, as from 24 December 1909, by section 6 Napier Harbour Board Loan Act 1909 (1909 No 41).

8 Number of votes ratepayers entitled to
  • On any poll taken on any proposal to raise money under this Act every ratepayer in every borough, Town Board district, or riding in the district shall be entitled to one vote and no more.

    This section was amended, as from 24 December 1909, by section 7 Napier Harbour Board Loan Act 1909 (1909 No 41) by substituting the words one vote and no more for the words a vote in every such borough, Town Board district, or riding according to the following scale:— and paragraphs (a) to (c).

9 Board may rate district to provide interest and sinking fund
  • [Repealed]

    Sections 6, 9 to 21, and Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

10 Amount of rate
  • [Repealed]

    Sections 6, 9 to 21, and Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

11 Proportions of rate
  • [Repealed]

    Sections 6, 9 to 21, and Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

12 No rate to be quashed
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

13 Capital value to be rateable value
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

14 Board to have power of local bodies for levying rates
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

15 In case of default by Board, Supreme Court may appoint a Receiver
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

16 Rate to vest in Receiver
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

17 Powers of Board exercisable by Receiver
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

18 Moneys received by Receiver, how applied
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

19 When Receiver's powers cease
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

20 Priority of debentures
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

21 The Napier Harbour Board Further Empowering Act 1892, to apply
  • [Repealed]

    Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).


Schedule 1

[Repealed]

  • Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

Schedule 2

[Repealed]

  • Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).

Schedule 3

[Repealed]

  • Sections 6, 9 to 21, and the Schedules 1, 2 and 3 were repealed, as from 24 December 1909, by section 4 Napier Harbour Board Loan Act 1909 (1909 No 41).