New Plymouth Borough Council Empowering Act 1924

New Plymouth Borough Council Empowering Act 1924

Local Act1924 No 3
Date of assent22 September 1924

An Act to authorize the New Plymouth Borough Council to lease certain Lands acquired by it under the Provisions of the Public Works Act 1908, and no longer required for the Purposes for which they were so acquired; to authorize the said Council to pay out of its General Account the Annual Charges in respect of Interest and Sinking Fund on a certain Special Loan; and to authorize the said Council to establish and maintain Boiling-down Works.

  • Preamble

    WHEREAS the New Plymouth Borough Council (hereinafter called the Council), in pursuance and exercise of powers and authorities vested in it by the Public Works Act 1908, took (inter alia) the lands described in Schedule 1 hereto for the purposes of additions and extensions to its electric light and power works, the Proclamation in regard thereto being published in the Gazette of the twenty-second day of July, nineteen hundred and twenty: And whereas, the said lands being no longer required for such purposes, His Excellency the Governor-General, by Order in Council bearing date the fifth day of December, nineteen hundred and twenty-one, and published in the Gazette of the eighth day of December, nineteen hundred and twenty-one, did direct the sale (inter alia) of the said lands: And whereas the said lands were duly submitted for sale at public auction, but no bids were received therefor, and it is now expedient that the Council be empowered to lease the same: And whereas the St Aubyn Town Board, prior to the incorporation of the St Aubyn Town District in the Borough of New Plymouth, had, pursuant to the powers vested in it in that behalf, raised a certain special loan, particulars whereof are set out in Schedule 2 hereto: And whereas it is expedient in the interests of the Borough of New Plymouth that the Council should be empowered to pay the annual charges in respect of interest and sinking fund on the said loan out of its General Account: And whereas it is deemed expedient to grant to the Council the power to establish and maintain boiling-down works, and other powers incidental thereto:

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 New Plymouth Borough Council Empowering Act 1924.

2 Power to lease
  • With respect to the land described in Schedule 1 hereto, the Council is hereby declared to be a leasing authority within the meaning of the Public Bodies Leases Act 1969, and is hereby empowered, with respect to the said land, to exercise all or any of the powers exercisable by a leasing authority under that Act.

    The reference to the Public Bodies Leases Act 1969 was substituted, as from 1 January 1970, for a reference to the Public Bodies' Leases Act 1908 by section 28(1) Public Bodies Leases Act 1969 (1969 No 141).

3 Power to pay interest and sinking fund from General Account
  • The Council may, out of its General Account, pay the annual charges accruing after the first day of February, nineteen hundred and twenty-four, in respect of interest and sinking fund on the special loan mentioned in Schedule 2 to this Act, and it shall not thereafter be necessary for the Council to collect the special rates made for the purpose of providing for the payment of the said charges:

    Provided that nothing herein shall affect the rights of the holders of the debentures issued in respect of the said special loan.

4 Power to establish boiling-down works
  • The Council may establish and maintain boiling-down and other necessary works for the manufacture or conversion of offal, blood, condemned and other carcases, and other materials produced at the Council's abattoirs or elsewhere into tallow, manures, soap, candles, or other products, and may do all things necessary for officially carrying on the business of selling or otherwise disposing of such products; but nothing herein contained shall be deemed to authorize the Council to commit a nuisance.

5 Power to purchase lands, buildings, plant, and machinery
  • For the purposes aforesaid the Council may purchase or otherwise acquire any land within or beyond the Borough of New Plymouth, and may erect thereon, or upon any other land appropriated for the purpose, any buildings or other erections, and may purchase all such buildings, plant, machinery, materials, and things as may be deemed necessary for the purpose of the said works or incidental to the manufacture and disposal of the said products.

6 Power to purchase existing works and extend or enlarge works
  • The powers granted by the last preceding section shall be deemed to include the power to purchase any works heretofore constructed or established in or beyond the said borough, and the power to extend or enlarge any works purchased, acquired, or provided under this or the last preceding section.

7 Power to raise special loans
  • All moneys from time to time required by the Council for the acquisition or establishment of works in pursuance of the powers hereinbefore conferred may be raised by way of special loan under the provisions of the Local Authorities Loans Act 1956.

    The reference to the Local Bodies Loans Act 1926 was substituted, as from 1 October 1926, for a reference to the Local Bodies' Loans Act 1913 pursuant to section 126(1) Local Bodies Loans Act 1926 (1926 No 14). That Act was in turn substituted, as from 1 April 1957, by section 135(1) Local Authorities Loans Act 1956 (1956 No 63).

8 Application of revenues
  • The Council may apply the whole or any part of the revenues derived from the said boiling-down and other works in or towards the acquisition, establishment, extension, enlargement, maintenance, repairs, renewals, or working and other expenses of the said works; and in so far as the revenues as aforesaid are at any time insufficient for the above purposes, or any of them, the Council may pay money from its Abattoir Working Account or from its General Account in meeting such expenditure. Any revenues derived from the said boiling-down and other works and not applied as aforesaid may be transferred to the Council's Abattoir Working Account or to its General Account.

9 Works deemed to be a trading undertaking
  • Save so far as may be inconsistent with the provisions of the last preceding section, the said boiling-down works when established or provided as aforesaid shall be deemed to be a trading undertaking within the meaning of Part 13 of the Municipal Corporations Act 1920.

Schedule 1

ALL those parcels of land, containing 386 acres 3 roods 0.9 perches, more or less, marked Lots 1, 2, 3, and 4 on plan No 4414 lodged at the Land Registry Office, New Plymouth, being portions of Sections Nos 12, 13, 53, 54, 55, 161, and 166, Hua and Waiwakaiho District, situated in Blocks X, Paritutu, and III, Egmont Survey Districts, in the Taranaki Land District, and being portion of the land delineated on the plan marked PWD 53091, deposited in the office of the Minister of Public Works, at Wellington, in the Wellington Land District, and thereon edged pink.

Schedule 2

Loans, Amounts, &cSpecial Rate.Rating-area affected.
St Aubyn District Loan, $9,590: Streets improvement under Local Bodies' Loans Act 1908, and State-guaranteed Advances Act 1909, for 36 ½ years from 20th March, 1912six-tenths of a cent in the dollarThe area formerly comprised in the St Aubyn Town District.
  • The references to $9,590, six-tenths of a cent, and dollar were substituted, as from 10 July 1967, for references to £4,795, 11/16ths of one penny, and pound pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).