Hastings Borough Loan Empowering Act 1910

Hastings Borough Loan Empowering Act 1910

Local Act1910 No 19
Date of assent21 November 1910

An Act to authorize the Mayor, Councillors, and Burgesses of the Borough of Hastings to borrow Money for Electric Lighting and other Purposes.

  • Preamble

    WHEREAS on the twenty-second day of January, nineteen hundred and ten, notice was given by the Council of the Borough of Hastings, pursuant to section seven of the Local Bodies Loans Act 1908 (hereinafter referred to as the said Act), that the said Council proposed to borrow the sum of one hundred and seventy thousand dollars for the following purposes, the amount applicable to each such purpose being set opposite the statement of each such purpose respectively:

    .

    And for the purpose of securing and providing for the repayment of the said sum of one hundred and seventy thousand dollars on the thirtieth day of September, nineteen hundred and fifty-one, and securing and providing for the interest in connection with the said loan, and a sinking fund of not less than one dollar as a further provision for the repayment of the said money, it was stated in the said notice that the said Council proposed to make and levy a special rate of twenty-five forty-eighths of a cent in the dollar on the unimproved value of all rateable property in the borough, such special rate to be an annual-recurring rate until the said loan is repaid, and to be payable in one instalment on the first day of August in each year during the currency of the loan, and also to issue debentures in accordance with the provisions of the Local Bodies Loans Acts; it was also stated in the said notice that it was proposed to pay out of the loan the cost of raising the same, and the interest on the loan for the first year: And whereas the said notice was published in the Hastings Standard newspaper—a newspaper circulating in the Borough of Hastings—on the twenty-second day of January, nineteen hundred and ten, the twenty-ninth day of January, nineteen hundred and ten, the fifth day of February, nineteen hundred and ten, and the twelfth day of February, nineteen hundred and ten: And whereas notice was given in accordance with section nine of the said Act on the twelfth day of February, nineteen hundred and ten, in the said Hastings Standard newspaper, that a meeting of ratepayers in the Borough of Hastings would be held at the Princess Theatre on the twenty-first day of February, nineteen hundred and ten, at eight o'clock in the evening, to consider the said proposal: And whereas at such last-mentioned meeting, pursuant to section ten of the said Act, a resolution was unanimously passed requesting the Chairman to cause a poll of ratepayers of the said borough to be taken upon the said proposal: And whereas, pursuant to section eleven of the said Act, the Chairman published a notice on the twenty-second day of February, nineteen hundred and ten, in the said Hastings Standard newspaper, that a poll of the ratepayers of the borough would be taken at Hastings on the second day of March, nineteen hundred and ten, upon the proposal of the Hastings Borough Council to borrow one hundred and seventy thousand dollars for the purposes hereinbefore mentioned: And whereas the said poll was duly taken on the said second day of March, nineteen hundred and ten, and at such poll the numbers of votes recorded were as follow—for the proposal, one thousand; against the proposal, sixty-two; informal, ten: And whereas notice of the result of the said poll was on the third day of March, nineteen hundred and ten, sent by the Chairman to the Minister of Finance for publication in the New Zealand Gazette, and the same was published in the said Gazette on the tenth day of March, nineteen hundred and ten; the said notice was also published in the said Hastings Standard newspaper on the third day of March, nineteen hundred and ten: And whereas a special rate to provide for the payment of interest and sinking fund upon the special loan, as provided by section seventeen of the said Act and the regulations made under the said Act, has been made and levied by special order, the resolution making and levying the said rate being passed at a special meeting of the said Council on the fourteenth day of March, nineteen hundred and ten, and being duly confirmed on the fourteenth day of April, nineteen hundred and ten: And whereas, the said loan proposal of one hundred and seventy thousand dollars having been sanctioned by the ratepayers of the Borough of Hastings as hereinbefore mentioned prior to the passing of this empowering Bill, it is desirable that it should be declared that the proceedings taken in respect thereof have been validly and effectually taken for a purpose authorized by law, and that in respect of the sum of eighty thousand dollars, being that part of the said sum of one hundred and seventy thousand dollars sanctioned as aforesaid for the supply to the Borough of Hastings of a high-pressure water-supply, electrical light and power installation, including the acquisition of all the lands and buildings which may be necessary, that the Council should be authorized to apply the same, or such part thereof as the Council thinks fit, to all or any of the purposes which the Council is authorized to carry into effect under or by virtue of this Act: And whereas the said Council is constructing drainage-works and waterworks for the said Borough of Hastings: And whereas the said Council desires to execute for owners of premises situate within the said borough who may be unable to immediately pay the cost thereof connections with the said drainage-works and waterworks, and to allow such owners to repay such cost with interest thereon by instalments: And whereas the said Council desires to borrow money for the last-mentioned purpose:

    The references to one hundred and seventy thousand dollars, eighty thousand dollars, one dollar, sixty thousand dollars, thirty thousand dollars and twenty-five forty-eighths of a cent in the dollar were substituted, as from 10 July 1967, for references to eighty-five thousand pounds, forty thousand pounds, ten shillings, thirty thousand pounds, fifteen thousand pounds and one penny one farthing in the pound pursuant to section 7(1) 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
  • This Act may be cited as the Hastings Borough Loan Empowering Act 1910.

2 Interpretation
  • In this Act, unless inconsistent with the subject-matter or the context thereof, the words and phrases following shall have the meanings hereby assigned to them respectively, that is to say,—

    Borough means the Borough of Hastings constituted under the Municipal Corporations Act 1908, and includes all areas that may hereafter be added thereto

    Council means the Hastings Borough Council constituted under the said Act

    Corporation means the Mayor, Councillors, and Burgesses of the Borough of Hastings

    Cost of any work payable by an owner of premises includes an additional sum equal to five per centum of such cost for supervision

    Owner of any premises means the person for the time being entitled to receive the rack-rent thereof, or who would be so entitled if the premises were let to a tenant at a rack-rent.

3 Power to appoint officer and make by-laws
  • The Council may appoint such officer and make such by-laws for its own guidance as it shall think proper, and may from time to time amend or repeal such by-laws, rules, and regulations or any of them as it may think expedient. The Council may also make by-laws—

    • (a.) Directing in what manner and under what conditions private streets and private ways may be drained into public drains and covered or other watercourses:

    • (b.) Prescribing the lowest levels at which any part of any building may be constructed with a view to the drainage thereof:

    • (c.) Forbidding the leading into any public drain or covered watercourses of any matter (other than ordinary household sewage or drainage) that in the opinion of the Council is likely to injuriously affect the same:

    • (d.) Providing for the protection from injury in any other way of any public drain or covered watercourses:

    • (e.) For any purpose in relation to the drainage or sanitation of the borough, or the connection of private drains with public drains or covered or other watercourses, or the supply of water to premises.

    Such by-laws, rules, and regulations shall be passed, repealed, and amended, as the case may require, in the same manner as is provided for the passing, repealing, and amending of by-laws made under the provisions of the Municipal Corporations Act 1908; and such by-laws, rules, and regulations shall have the same force and effect as by-laws duly passed under the provisions of the Municipal Corporations Act 1908, in the said borough, and all the provisions applicable thereto by Part 42 of the said Municipal Corporations Act 1908, shall be applicable to such by-laws, rules, and regulations made in pursuance of this Act, and fines and penalties recovered for breaches thereof shall be applied as is provided by the Municipal Corporations Act 1908, for the fines and penalties for breaches of by-laws under the last-mentioned Act.

4 Confirmation of proceedings in connection with loan of $170,000
  • All proceedings in connection with the said loan-proposal of one hundred and seventy thousand dollars sanctioned by the ratepayers of the Borough of Hastings as hereinbefore mentioned shall be deemed to have been validly and effectually taken, and for a purpose authorized by law; and in respect of the sum of eighty thousand dollars, being that part of the said sum of one hundred and seventy thousand dollars sanctioned by the ratepayers of the Borough of Hastings for the supply to the Borough of Hastings of a high-pressure water-supply, electrical light and power installation, including the acquisition of all lands and buildings which may be necessary, the Council may apply the said sum of eighty thousand dollars, or such part thereof as the Council thinks fit, to all or any of the purposes mentioned in the item numbered (1) in the preamble hereto, or of other the purposes which the Council is authorized to carry into effect under or by virtue of this Act.

    The references to one hundred and seventy thousand dollars and eighty thousand dollars were substituted, as from 10 July 1967, for references to eighty-five thousand pounds and forty thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Miscellaneous provisions

5 Power to Council to acquire land under the Municipal Corporations Act 1908
  • All lands or any estate or interest therein which the Council is hereby authorized to take or acquire may be taken or acquired under the provisions of the Municipal Corporations Act 1908.

6 Lands to be held by Council subject to last-mentioned Act
  • Save in so far as may be inconsistent with this Act, all lands acquired by the Council shall be held by the Council subject to the provisions of the said last-mentioned Act.

7 Provision in regard to property purchased under Act
  • All works constructed or provided, and all lands and other property purchased or acquired, out of the said sum of eighty thousand dolllars and out of moneys to be raised under this Act respectively shall be deemed to be authorized, constructed, provided, purchased, or acquired, as the case may be, under the provisions of the Municipal Corporations Act 1908, which provision shall apply thereto accordingly. The Council shall in relation to such works, land, and property respectively have all the powers, authorities, and discretions which by the said last-mentioned Act are or is expressly or by reference given to the Council with respect to the execution of works and the acquisition of land and other property thereunder.

    The reference to eighty thousand dollars was substituted, as from 10 July 1967, for a reference to forty thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

8 Powers under Part 20 of the said Act to apply
  • The powers given to the Council by Part 20 of the said Act shall extend to and may be exercised in respect of any land and other property, right, or privilege authorized to be constructed, provided, acquired, purchased, or maintained under this Act, whether the same be situate within or without the limits of the said borough.

9 Definitions of public work.
  • Any work done by or under the authority of this Act shall be deemed to be a public work within the meaning of public work as defined by the Public Works Act 1908.

Power to borrow money for drainage and water-supply connections and other powers in relation to drainage, sanitation, and water-supply.

10 Council may execute works if owner of premises makes default
  • Where an owner of any premises situate within the borough is liable by law to execute any work for the drainage or sanitation of such premises, or the supply of water thereto, and makes default in so doing, or where an owner of any such premises requests the Council to execute any such work, it shall in either case be lawful for the Council to execute the work.

11 Council may claim costs for supervision
  • Where the Council executes any such work as aforesaid there shall be added to the cost of such work a sum equal to five per centum of such cost for supervision.

12 Annual instalments of same
  • (1.) By agreement between the Council and the owner of the premises the cost of any such work may be divided into equal annual installments extending over a period of ten years. Interest at a rate not exceeding five dollars fifty cents per centum per annum on the principal money for the time being unpaid shall be included in such installments, yearly rests being taken.

    (2.) Each such instalment shall for the purpose of the recovery thereof be deemed to be a general rate of the borough, payable primarily by the owner of the premises.

    (3.) Particulars of all such installments and of the dates on which they fall due and are paid respectively shall be entered in a book kept by the Collector of Rates to the Council, and such book shall be prima facie evidence of the correctness of its contents.

    The reference to five dollars fifty cents was substituted, as from 10 July 1967, for a reference to five pounds ten shillings pursuant to section 7(2) Decimal Currency Act 1964 (1964 No 27).

13 Owner may discharge whole of the liabilities
  • The owner for the time being of the premises may, at the expiration of three months' notice in writing of intention in that behalf given by him to the Council, discharge all installments remaining unpaid by paying to the Council the amount thereof less a rebate in respect of the future interest.

14 Tenant of premises to pay owner annual sum for cost of works done
  • (1.) Where an owner of premises pays the cost of any such work as aforesaid, or pays any instalment in respect of such cost, and at the date of the completion of the work the premises are held by a tenant under such owner having a term of at least three years then unexpired, such tenant shall pay to the owner during such unexpired term an annual sum of equal to five per centum of such cost or of such instalment, as the case may be, computed from the date of the completion of the work.

    (2.) Such sum shall be payable on each anniversary of the date of such completion, and a proportionate part thereof shall be paid for any fraction of a year.

    (3.) Such percentage in case of non-payment shall be recoverable by the owner as if it were rent in arrear payable to him by the tenant in respect of the premises.

15 Money paid by tenant to be repaid by subtenant
  • (1.) Where at the date of the completion of the work the premises are sublet for an unexpired term of at least three years, or are sublet by different landlords for similar unexpired terms respectively, any such percentage paid by the tenant shall be repaid to him by his subtenant, and the percentage so paid by any subtenant shall be repaid to him by his subtenant.

    (2.) Every such percentage shall be recoverable as if the same were rent in arrear in respect of the premises payable by the subtenant to the person to whom such percentage ought to be paid as aforesaid.

16 Power to borrow
  • (1.) The Council, for the purpose of the immediate payment for any works the cost whereof is payable by any owners of premises, may from time to time borrow, at interest not exceeding five per centum, any sums of money not exceeding in the whole the sum of fourteen thousand dollars upon the security of any installments payable to it under this Act; but no money shall be borrowed under the authority of this Act which shall produce to the lender a higher rate of interest than five dollars per centum per annum. All moneys borrowed under this section shall be devoted exclusively to the purposes authorized by this Act.

    (2.) Any instrument securing the repayment of any such sum and interest may be in such form and may contain such covenants by the Corporation (including covenants for the repayment of such sum and interest) and such powers and provisions as the Council shall think fit.

    (3.) The Council shall apply all such installments upon the security of which it borrows any money as aforesaid towards repayment of such money and the interest thereon until such money and interest shall be paid and satisfied.

    (4.) A person lending any sum of money to the Council upon the security of any installments as aforesaid shall not be concerned to inquire as to the necessity or propriety of the transaction, or to see to the application of the money so lent.

    The reference to fourteen thousand dollars and five dollars were substituted, as from 10 July 1967, for references to seven thousand pounds and five pounds pursuant to section 7(1) and (2) Decimal Currency Act 1964 (1964 No 27).

17 Valuation roll to be evidence as to ownership
  • The valuation roll for the time being in force in the borough shall be prima facie evidence that any person appearing thereon as the owner of any property is the owner thereof for the purposes of this Act or of any by-law made thereunder.

18 Powers of Council under certain Acts not affected by this Act
  • Nothing contained in this Act shall take away from the Council or the Corporation any power or remedy possessed by it under the Municipal Corporations Act 1908, or any other general Act.