Ohai Railway Board Act 1932

Reprint as at 7 August 2020

Coat of Arms of New Zealand

Ohai Railway Board Act 1932

Local Act
 
1932 No 2
Date of assent
 
19 November 1932
Commencement
 
19 November 1932
Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

An Act to make provision for altering the constitution and powers of the Ohai Railway Board and for matters incidental thereto

 
1 Short Title

This Act may be cited as the Ohai Railway Board Act 1932.

2 Interpretation

In this Act—

Board means the Ohai Railway Board

district means the Ohai Railway District

existing overdraft means the amount owing by the Board by way of overdraft on the day the power to borrow given by subsection (1) of section 18 is exercised

goods means goods, luggage, or chattels of any description; and includes live or dead animals

principal Act means the Local Railways Act 1914.

Section 2 coal owner: repealed, on 29 January 1972, by section 3(a) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

Section 2 elector: repealed, on 29 January 1972, by section 3(a) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

Section 2 goods: inserted, on 12 November 1973, by section 2 of the Ohai Railway Board Amendment Act 1973 (1973 No 8 (L)).

3 This Act to apply notwithstanding principal Act or other Acts

(1)

The provisions of this Act shall apply with respect to the Board, anything to the contrary in the principal Act or any other Act notwithstanding.

(2)

Subject to the provisions of this Act, the principal Act shall apply to the Board.

4 Membership of Board

(1)

The Board shall consist of the persons for the time being holding the offices of—

(a)

the District Manager of State Coal Mines at Ohai, who shall be Chairman of the Board:

(b)

the member of the Wallace County Council representing the Wairaki Riding of that county:

(c)

the member of the Wallace County Council representing the Wairio Riding of that county:

(d)

the President of the Nightcaps District Miners’ Union.

(2)

Every person appointed as a member of the Board under paragraphs (b) and (c) of subsection (1) shall vacate that office if he ceases to be a member of the Wallace County Council.

(3)

If for any reason an extraordinary vacancy occurs in the office of the member elected to represent the Wairaki Riding or the Wairio Riding in the Wallace County and the Wallace County Council by resolution determines, pursuant to the proviso to section 51(1) of the Local Elections and Polls Act 1966, not to fill that extraordinary vacancy, the Council shall appoint one of its members to be a member of the Board until a member is elected to represent the Wairaki Riding or the Wairio Riding, as the case may be, at the next triennial general election of members of the Council.

Section 4: replaced, on 3 October 1975, by section 2 of the Ohai Railway Board Amendment Act 1975 (1975 No 14 (L)).

4A Deputies of members

(1)

In the event of any member of the Board being unable to attend a meeting of the Board, he may, by notice in writing furnished to the Clerk of the Board, authorise any other person to attend the meeting in his place.

(2)

While any person is attending any meeting of the Board pursuant to this section, he shall be deemed for all purposes (including, unless he is employed in the public service, the receipt of remuneration) to be a member of the Board.

(3)

The fact that any such person so attends any meeting shall be sufficient evidence of his authority to do so in the absence of proof to the contrary.

Section 4A: inserted, on 29 January 1972, by section 2 of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

Section 4A(2): amended, on 7 August 2020, by section 135 of the Public Service Act 2020 (2020 No 40).

4B Meetings of Board

Meetings of the Board shall be held at such times and places as the Chairman may from time to time appoint.

Section 4B: inserted, on 29 January 1972, by section 2 of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

4C Remuneration and travelling allowances

(1)

The provisions of section 137A of the Counties Act 1956 shall apply in respect of each meeting of the Board as if references in that section to a Councillor were references to a member of the Board (other than the Chairman) and as if references to the Council were references to the Board.

(2)

The Board shall pay to the members of the Board (including the Chairman) travelling allowances and expenses in accordance with the Fees and Travelling Allowances Act 1951; and the provisions of that Act shall apply accordingly.

Section 4C: inserted, on 29 January 1972, by section 2 of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

5 Power to combine subdivisions of district
[Repealed]

Section 5: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

6 Electors roll and coal owners roll
[Repealed]

Section 6: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

7 No person to be on 2 rolls
[Repealed]

Section 7: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

8 Public notice and inspection of rolls
[Repealed]

Section 8: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

9 Sections 7 to 12 of principal Act applied to rolls
[Repealed]

Section 9: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

10 Provisions as to members voting when interested or making contracts with Board
[Repealed]

Section 10: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

11 Qualification of members of Board
[Repealed]

Section 11: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

12 Votes of electors and coal owners
[Repealed]

Section 12: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

13 Date of elections
[Repealed]

Section 13: repealed, on 27 August 1953, by section 103(1) of the Local Elections and Polls Act 1953 (1953 No 16).

14 In default of election Governor-General may appoint members
[Repealed]

Section 14: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

15 Election of Chairman
[Repealed]

Section 15: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

16 Annual meetings
[Repealed]

Section 16: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

17 Abolition of power to rate
[Repealed]

Section 17: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

18 Extension of power to borrow

(1)

The Board may by resolution and without taking the steps described in sections 9 to 13 of the Local Bodies’ Loans Act 1926, but subject to the provisions of the Local Government Loans Board Act 1926, borrow either from its bankers by way of overdraft or from any other source or from both such an amount as shall be necessary—

(a)

to repay the special loan raised by the Board and referred to in section 19, after allowing for the amount of any sinking fund available for the partial repayment of such loan; and

(b)

to repay the Board’s existing overdraft:

provided that the total amount borrowed by the Board under this subsection shall not exceed 31,000 pounds.

(2)

Section 32 of the Finance Act 1927 (No 2) shall apply to the Board.

(3)

For the purpose of securing any amount borrowed under this section from its bankers by way of overdraft the Board may create a series of debentures of an aggregate amount not exceeding the total amount agreed to be lent by its bankers, and may hypothecate such debentures to its bankers.

(4)

For the purpose of securing any moneys borrowed from any source or sources other than its bankers by way of overdraft the Board may issue a series of debentures.

(5)

Any debentures created or issued by the Board under this section may create a charge on the whole or any part or parts of the Board’s undertaking, assets, and revenues, and shall be in the form prescribed by section 27 of the Local Bodies’ Loans Act 1926; and the provisions of sections 48 to 58 of such Act shall apply to such debentures.

19 Existing special loan to be repaid

The Board shall on or before 28 February 1933 repay the loan raised by the Board and known as the Ohai Railway Board Debenture Loan of £30,000.

19A Custody, carriage, and delivery of goods

(1)

In respect of the receipt, custody, carriage, and delivery of goods the following provisions shall apply:

(a)

all goods received by the Board shall, subject to any bylaws in that behalf, be deemed to be in the custody of the Board until delivered to the consignee thereof:

(b)

no person shall be entitled to recover from the Board for any loss of or damage to or in connection with any goods any greater amount than $40 for any package or unit, $60 for any horse, $35 for any one head of cattle, $10 for any pig, $20 for any dog, $5 for any sheep, goat, or other quadruped not otherwise specified, and $2 for any bird, unless the person delivering the goods at any railway station has given to the officer in charge of the railway station a statement in writing declaring the nature and value of the goods and has obtained a receipt for the goods specifying the nature and value so declared, and has paid insurance charges at the rate for the time being fixed under paragraph (k) of subsection (1) of section 33 of the Government Railways Act 1949, as if the Board operated a government railway under that Act:

(c)

the Board shall not be liable in respect of goods the nature and value of which have been declared as aforesaid beyond the amount of the value so declared:

(d)

subject in every case to the limitations contained in this section, the Board shall have the same liabilities, obligations, rights, and protection as a common carrier:

(e)

nothing in this section shall be so construed as to subject the Board to any liability in respect of any goods which, pursuant to any bylaw, are left on the premises of the railway at the risk of the person leaving the same.

(2)

Every person who knowingly and wilfully makes a false statement as to the nature, quantity, or value of any goods delivered in any waybill or other document which, under this Act or any bylaw or regulation for the time being in force under the Local Railways Act 1914, he is required to deliver in respect of such goods, shall be liable on conviction to a fine not exceeding $100.

Section 19A: inserted, on 12 November 1973, by section 3 of the Ohai Railway Board Amendment Act 1973 (1973 No 8 (L)).

Section 19A(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

20 Exclusion of certain provisions of principal Act

Subsection (2) of section 5, subsections (1), (2), and (4) of section 6, sections 13 and 14, sections 40 to 44, section 73, and subsection (3) of section 25 of the principal Act, and subsection (4) of section 2 of the Local Railways Amendment Act 1926, shall not apply to or in relation to the Board.

Section 20: amended, on 12 November 1973, by section 4 of the Ohai Railway Board Amendment Act 1973 (1973 No 8 (L)).

21 Abolition of existing extension of power to borrow

Upon the Board exercising any power to borrow given by this Act the power given by section 65 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1922 shall cease to be exercised by the Board.

Schedule

[Repealed]

Schedule: repealed, on 29 January 1972, by section 3(b) of the Ohai Railway Board Amendment Act 1971 (1971 No 15 (L)).

Ohai Railway Board Amendment Act 1935

Local Act
 
1935 No 2
Date of assent
 
24 October 1935
Commencement
 
24 October 1935
1 Short Title

This Act may be cited as the Ohai Railway Board Amendment Act 1935 and shall be read together with and deemed part of the Ohai Railway Board Act 1932.

2 Board may authorise imprest accounts

(1)

The Board may, pursuant to a resolution in that behalf, establish 1 or more imprest accounts which shall as the Board may determine be kept in 1 or more branches of any bank within the meaning of the Banking Act 1908.

(2)

Each imprest account shall be held jointly in the names of and be operated on by a person appointed by the Board as General Manager and 1 other person to be appointed in that behalf by the Board who shall be either a responsible officer of the Board or a member of the Board.

(3)

The Board shall from time to time by resolution fix the maximum amount that may be held at any time in any imprest account, but not exceeding such amount as the Audit Office approves.

(4)

The moneys in any imprest account shall be available only for payment, during any period between ordinary meetings of the Board, of emergency expenditure, as hereinafter defined, of casual wages, and of any expenditure the purposes of which have previously been sanctioned by the Board. A statement of all payments made from any imprest account shall be submitted to the Board for approval at its first ordinary meeting thereafter. The payment of moneys out of any imprest account for any purpose not hereby authorised shall be deemed to be a misappropriation of the funds of the Board. For the purposes of this subsection the term emergency expenditure includes expenditure becoming due and payable by the Board during any period between ordinary meetings of the Board by reason of failure of consignees to take delivery of stock or goods, breakdown of rolling stock or permanent way, or other unforeseen occurrence, but does not include any sum exceeding 20 pounds.

Ohai Railway Board Amendment Act 1938

Local Act
 
1938 No 6
Date of assent
 
14 September 1938
Commencement
 
14 September 1938
1 Short Title

This Act may be cited as the Ohai Railway Board Amendment Act 1938 and shall be read together with and deemed part of the Ohai Railway Board Act 1932.

2 Increase in amount allowed for unauthorised expenditure

Notwithstanding anything in section 45 of the Local Railways Act 1914 or any other Act, the Ohai Railway Board may in every financial year, out of the Railway Fund, expend for purposes not authorised by law any sum or sums not exceeding in the whole the sum of 100 pounds:

provided that, with the consent of the Minister of Public Works, the total sum authorised to be expended in any financial year under this section may be increased to an amount not exceeding 200 pounds.

Reprints notes
1 General

This is a reprint of the Ohai Railway Board Act 1932 that incorporates all the amendments to that Act as at the date of the last amendment to it.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Public Service Act 2020 (2020 No 40): section 135

Criminal Procedure Act 2011 (2011 No 81): section 413

Ohai Railway Board Amendment Act 1975 (1975 No 14 (L))

Ohai Railway Board Amendment Act 1973 (1973 No 8 (L))

Ohai Railway Board Amendment Act 1971 (1971 No 15 (L))

Local Elections and Polls Act 1953 (1953 No 16): section 103(1)