Gisborne Harbour Board Enabling Act 1919

Gisborne Harbour Board Enabling Act 1919

Local Act1919 No 19
Date of assent4 November 1919

An Act to enable the Gisborne Harbour Board to borrow Two Million Dollars.

  • Preamble

    WHEREAS the Gisborne Harbour Board is desirous of constructing an outer harbour to afford shelter and accommodation to shipping of large tonnage: And whereas it is estimated that the cost of constructing such a harbour will be two million dollars: And whereas such a harbour will be of use and benefit to the Port of Poverty Bay and to the north-east coast of New Zealand and to shipping generally: And whereas the said Board is desirous of borrowing the sufficient money estimated as aforesaid to construct such a harbour:

    The words two million dollars was substituted, as from 10 July 1967, for the words one million pounds 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 Gisborne Harbour Board Enabling Act 1919.

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

    The reference to the Harbours Act 1923 was substituted, as from 1 January 1924, for a reference to the Harbours Act 1908 pursuant to section 259 Harbours Act 1923 (1923 No 40). That reference was in turn substituted, as from 15 October 1950, for a reference to the Harbours Act 1950 pursuant to section 269(1) Harbours Act 1950.

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

    Board means the Gisborne Harbour Board as constituted under the Harbours Amendment Act 1910

    Chairman means the Chairman of the Board

    Harbour district or district means the harbour district established under this Act

    Returning Officer means the officer appointed by the Board to conduct elections and polls within the harbour district.

4 Returning Officer
  • The Local Elections and Polls Act 1976, and any amendment thereof, shall apply to every poll taken under this Act, and the Board shall appoint some person to be Returning Officer for the conduct of the poll hereinafter authorized throughout the harbour district.

    The reference to the Local Elections and Polls Act 1925 was substituted, as from 1 April 1926, for a reference to the Local Elections and Polls Act 1908 pursuant to section 8 Local Elections and Polls Act 1925 (1925 No 35). The reference to the Local Elections and Polls Act 1953 in subsection (1) was in turn substituted, as from 27 August 1953, for a reference to the Local Elections and Polls Act 1925 by section 103(1) Local Elections and Polls Act 1953 (1953 No 16). This reference was in turn substituted, as from 20 October 1966, by a reference to the Local Elections and Polls Act 1966 by section 92(1) Local Elections and Polls Act 1966 (1966 No 101). This reference was in turn substituted, as from 1 April 1977, by a reference to the Local Elections and Polls Act 1976 (1976 No 144).

5 Borrowing-power
  • (1) It shall be lawful for the Board to borrow from time to time such sum or sums of money as the Board shall deem fit, but so that the total of the amounts so borrowed does not exceed in the aggregate two million dollars; and the Board may borrow such sum or sums of money as aforesaid for such period or periods as it may think fit, and may renew or again borrow any or all of such sum or sums of money as they fall due for such further or other period or periods as the Board may think fit.

    (2) For the purpose of providing a sinking fund for the liquidation of the loan authorized by this Act there shall, on the first day of January in each year after the issue of any debentures, be set apart by the Board, out of the rates and other moneys hereinafter mentioned upon which the principal and interest of such debentures are to be charged, a sum of fifty cents per centum per annum on the aggregate amount for which debentures shall at that time be issued; and no money shall be borrowed under the authority of this Act except with the consent of the Governor-General in Council first had and obtained which shall produce to the lender a higher rate of interest than five dollars fifty cents per centum per annum, anything in any other Act notwithstanding.

    Subs (2) was amended, as from 28 October 1920, by inserting the words except with the consent of the Governor-General in Council first had and obtained pursuant to section 2 Gisborne Harbour Board Amendment Act 1920 (1920 No 17(L)).

    The words two million dollars, fifty cents and five dollars fifty cents were substituted, as from 10 July 1967, for the words one million pounds, ten shillings and five pounds ten shillings pursuant to section 7(1) and (2) Decimal Currency Act 1964 (1964 No 27).

6 How money borrowed to expended
  • (1) The money so borrowed by the Board shall be applied by the Board in the construction of an outer harbour within the limits of the Gisborne Harbour as defined in Schedule 1 to the Gisborne Harbour Act 1905.

    (2) The Board may out of any loan-moneys pay the preliminary expenses incurred in connection wit the scheme for which the loan was raised and the first two years' interest on the loan:

    Provided that the intention to pay such expenses or interest shall be stated to the ratepayers in the notice referred to in section ten of the principal Act.

    Subs (2) was substituted, a from 28 October 1920, by section 3 Gisborne Harbour Board Amendment Act 1920 (1920 No 17(L)).

7 Security for loan
  • The debentures for all moneys so borrowed, together with interest, shall be secured upon the rents, profits, and dues chargeable and receivable by the said Board as harbour or other dues or in respect of the harbour-works of the Port of Poverty Bay, and upon the rate hereinafter mentioned to be made and levied under the authority of this Act and the Gisborne Harbour Act 1905.

8 Harbour district
  • [Repealed]

    The words the Patutahi Town District and the Te Karaka Town District were inserted, as from 28 October 1920 by section 4 Gisborne Harbour Board Amendment Act 1920 (1920 No 17(L)).

    The words Waiapu and Uawa were omitted, as from 28 September 1922, by section 2(a) Gisborne Harbour Board Enabling Amendment Act 1922 (1922 No 2(L)).

    Section 8 was repealed, as from 26 September 1952, by section 4(2)(a) Gisborne Harbour Board Empowering Act 1952 (1952 No 11(L)).

9 Consent of ratepayers required before any loan raised
  • Before the Board proceeds to borrow moneys under the authority of this Act it shall cause meetings of the ratepayers to be held and a poll to be taken as by this Act is provided.

10 Notices of poll
  • The Board shall cause a notice to be published in some newspaper circulating in the district, specifying a time and place for the Borough of Gisborne and a time and place for each of the said counties . . . and the said township, at which meetings of ratepayers are to be held to consider a proposal to raise such special loan. The time appointed shall not be less than fourteen days after the first publication of such notice.

    The words (other than Waiapu and Uawa) were omitted, as from 28 September 1922, by section 2(b) Gisborne Harbour Board Enabling Amendment Act 1922 (1922 No 2(L)).

11 Meetings of ratepayers to consider loan proposals
  • Every such meeting shall be presided over by some person appointed by the Chairman of the Board for such meeting. If the person so appointed shall be absent or shall refuse to preside, then the meeting shall elect some person present to preside. At every such meeting, after due consideration and discussion of the proposal, the person presiding shall notify that a poll in accordance with the provisions of the Act will be taken. If at the place and within one hour after the time appointed for any such meeting not more than two ratepayers are present, such meeting shall for the purposes of this Act be deemed to have been duly held, and the proposal to have been duly discussed and considered, and the notification of a poll to have been duly made.

12 Roll of the ratepayers
  • It shall be the duty of the Town Clerk of the Borough of Gisborne and the Clerks of the Waikohu and Cook County Councils and the Mangapapa Town Board, at the request of the Chairman, to prepare a roll for the harbour district setting forth the names of all ratepayers within such district; and every ratepayer shall be entitled to exercise one vote and no more.

13 Roll to be signed and handed to Returning Officer
  • Such roll shall be signed by the Mayor and Town Clerk of the Borough of Gisborne and by the Chairmen of the Waikohu and Cook County Councils and the Mangapapa Town Board, and when so signed shall be delivered to the Returning Officer, and shall be the roll upon which the poll shall be taken.

14 Poll to be taken
  • The poll shall be taken as follows:—

    • (a) At the written request of the Chairman, authorized by ordinary resolution of the Board, the Returning Officer shall publish a notice setting forth the day (not less than one week nor more than six weeks from the latest date appointed for any of the aforesaid meetings) on which the poll will be taken.

    • (b) The statement of the proposal in the voting-paper shall be as follows: Proposal to borrow moneys, not exceeding in the aggregate two million dollars, for the purposes defined in the Gisborne Harbour Board Enabling Act 1919.

    The words two million dollars were substituted, as from 10 July 1967, for the words one million pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

15 Result of poll
  • If the total number of votes recorded for the proposal represents a majority of the valid votes recorded within the whole harbour district . . . the resolution shall be deemed to be carried, and the Board shall be fully empowered to exercise the powers of borrowing, and all other powers conferred by this Act; but if there is not such a majority in favour of the proposal the resolution shall be deemed to be rejected, and the Board shall not be so empowered.

    The words (excluding Waiapu and Uawa Counties) were omitted, as from 28 September 1922, by section 2(c) Gisborne Harbour Board Enabling Amendment Act 1922 (1922 No 2(L)).

16 Result to be advertised
  • As soon as conveniently may be after the result of the poll has been ascertained the Returning Officer shall give public notice of the number of votes recorded for and against the proposal as above provided, and shall declare the proposal to be carried or rejected, as the case may be.

17 Result to be gazetted
  • (1) As soon as conveniently may be after the poll the Chairman shall send to the Minister of Internal Affairs, for publication in the Gazette, a notice of the number of votes recorded for or against the proposal, and in such notice shall declare the proposal to be carried or rejected, as the case may be.

    (2) If in the notice so published in the Gazette it is declared that the proposal was carried, such notice so published shall be conclusive evidence that the raising of the loan has been duly authorized, and that all proceedings and things required by this Act as conditions precedent to the exercise by the Board of the borrowing-powers hereby conferred have been duly and lawfully taken and done, and that the Board is fully empowered and authorized to borrow any sum or sums of money not exceeding in the aggregate the sum of two million dollars.

    (3) If in the said notice it is declared that the proposal was rejected, it shall be lawful for the Board, at any time after the expiration of twelve calendar months from the date of the publication in the Gazette of such notice, to direct that another poll be held, in the same manner and subject to the same conditions, upon the same proposal.

    The words two million dollars were substituted, as from 10 July 1967, for the words one million pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

18 Special rate
  • If the proposal be declared to be carried, a special rate upon all rateable property in the harbour district . . . , for the purpose of providing interest and sinking fund upon moneys to be borrowed under the authority of this Act, shall be deemed to have been duly made and struck by the Board in manner provided by law and in accordance with the provisions of the Rating Powers Act 1988, and to have been duly appropriated and pledged by the Board as a security for all moneys to be borrowed under the authority of this Act, and shall be a continuing annually recurring rate without further proceedings by the Board until repayment in full of all moneys so borrowed.

    The reference to the Rating Act 1925 was substituted, as from 1 April 1926, for a reference to the Rating Act 1908 pursuant to section 120(1) Rating Act 1925. That Act was in turn repealed, as from 1 April 1968, by section 177(1) Rating Act 1967 (1967 No 123). That Act was in turn repealed, as from 28 June 1988, by section 209(1) Rating Powers Act 1988 (1988 No 97).

    The words (subject to the special-provisions hereinafter contained in regard to Waiapu and Uawa Counties) were omitted, as from 28 September 1922, by section 2(d) Gisborne Harbour Board Enabling Amendment Act 1922 (1922 No 2(L)).

19 Estimate of revenue and expenditure
  • (1) The Board shall in each year cause an estimate to be prepared, in such manner and according to such principle and method as the Board approves, of the anticipated revenue of the year (exclusive of any rate to be levied under this Act or under the Gisborne Harbour Board Enabling Act 1913), and of the anticipated expenditure of the year (including interest and sinking fund upon the moneys borrowed under the authority of this Act and the Gisborne Harbour Board Enabling Act 1913, but exclusive of capital expenditure on loan account), and shall upon such estimate determine the deficiency of such revenue to meet such expenditure.

    (2) Any credit or debit balance of the Board's General Account at the close of each year shall be carried forward to the account of the succeeding year for the purpose of the estimate of such succeeding year and the determination of the deficiency of the revenue of such succeeding year to meet the expenditure thereof.

    (3) The Board shall direct the levy in each year of such part of the said special rate as shall be sufficient to provide such deficiency.

    (4) The Board may for the purposes of such direction and levy adopt some convenient fraction of five-twelfths of a cent, notwithstanding that the sum thereby produced may exceed such deficiency.

    (5) The direction for every such levy shall be by resolution of the Board, and shall appoint a date or dates for payment thereof, and every such direction shall have the force and effect according to its tenor of a rate duly made and struck on all rateable property in accordance with the provisions of the Rating Powers Act 1988.

    (6) Nothing in this Act shall be construed as in any manner limiting or affecting the rights of the holders of debentures to be issued by the Board to require the levy of the whole of the rate as defined by section eighteen hereof if any default be made by the Board in payment of any interest or capital moneys secured by such debentures.

    The reference to the Rating Act 1925 was substituted, as from 1 April 1926, for a reference to the Rating Act 1908 pursuant to section 120(1) Rating Act 1925. That Act was in turn repealed, as from 1 April 1968, by section 177(1) Rating Act 1967 (1967 No 123). That Act was in turn repealed, as from 28 June 1988, by section 209(1) Rating Powers Act 1988 (1988 No 97).

    The words to five-twelfths of a cent were substituted, section from 10 July 1967, for the words one penny pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

20 Provision for setting up Courts of inquiry to ascertain whether Waiapu, Uawa, and other districts should be rated, and to what extent
  • [Repealed]

    Section 20 was repealed, as from 28 September 1922, by section 2(e) Gisborne Harbour Board Enabling Amendment Act 1922 (1922 No 2(L)).

21 Differential dues may be levied
  • Notwithstanding any provision contained in the Harbours Act 1950, it shall be lawful for the Board to make and levy harbour dues to be charged and collected in respect of goods produced or manufactured upon lands outside the harbour district, and, in respect of goods shipped on behalf of persons residing outside the harbour district, in excess of the dues to be made and levied in respect of the same goods if produced or manufactured within the harbour district, or shipped on behalf of persons resident within the harbour district;

    Provided that such excess dues shall be chargeable equally in respect of the same description of goods wheresoever outside the harbour district the same are produced or manufactured, and wheresoever outside the harbour district the persons on whose behalf the same are shipped may reside.

    Section 21 was amended, as from 28 September 1922, by omitting the words and it is hereby declared that if and so long as the said special rate is not levied in the Waiapu and Uawa Counties or either of them, such counties or such one of them in which a rate is not being levied shall for the purposes of this section be deemed to be outside the harbour district: pursuant to section 2(f) Gisborne Harbour Board Enabling Amendment Act 1922 (1922 No 2(L)).

    The reference to the Harbours Act 1923 was substituted, as from 1 January 1924, for a reference to the Harbours Act 1908 pursuant to section 259 Harbours Act 1923 (1923 No 40). That reference was in turn substituted, as from 15 October 1950, for a reference to the Harbours Act 1950 pursuant to section 269(1) Harbours Act 1950.

22 Powers of Board
  • For the purpose of making, levying, and recovering the said rates the Board shall have and may exercise all the powers of making, levying, or recovering rates in the said borough, counties, and township comprising the harbour district which any local body having rating-powers within such borough, counties, or township has or may have under the law for the time being in force regulating the making and recovery of rates therein respectively.

23 Native lands to be rated
  • Native lands within the harbour district other than customary lands shall be deemed to be rateable property for all the purposes of this Act if and so long as the same are occupied or used and profit is derived therefrom by the Native owners, whether from farming operations or from rent or royalties. The Valuer-General shall cause to be prepared, and shall furnish to the Board in each year, a list of all Native lands within the harbour district which are so occupied or used, and shall in such list set forth the rateable values of all such lands.

24 Rate levied not to be invalidated
  • No rate or levy made under this Act shall be set aside or quashed by any proceeding in any Court or otherwise, and no defect in the same, or the making thereof, or in any direction for levy, shall be set up as a defence to any action which may be brought to recover the same.

25 Hypothecation
  • [Repealed]

    Section 25 was repealed, as from 11 September 1926, by section 40 Local Legislation Act 1926 (1926 No 61).

26 Repeal
  • The Gisborne Harbour Board Enabling Act 1907, is hereby repealed.