New Zealand Legislation: Acts
Acts are laws made by Parliament
Add to web feed | Local Act | 1932 No 2 |
| Date of assent | 19 November 1932 |
5 Power to combine subdivisions of district [Repealed]
6 Electors roll and coal-owners roll [Repealed]
7 No person to be on two rolls [Repealed]
8 Public notice and inspection of rolls [Repealed]
11 Qualification of members of Board [Repealed]
12 Votes of electors and coal-owners [Repealed]
13 Date of elections [Repealed]
15 Election of Chairman [Repealed]
16 Annual meetings [Repealed]
17 Abolition of power to rate [Repealed]
An Act to make Provision for altering the Constitution and Powers of the Ohai Railway Board and for Matters incidental thereto.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
This Act may be cited as the Ohai Railway Board Act 1932.
In this Act—
Board means the Ohai Railway Board
Coal owner
[Repealed]
Coal owner, elector: these definitions were repealed, as from as from 29 January 1972, by section 2 Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
District means the Ohai Railway District
Elector
[Repealed]
Coal owner, elector: these definitions were repealed, as from as from 29 January 1972, by section 2 Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
Existing overdraft means the amount owing by the Board by way of overdraft on the day the power to borrow given by subsection one of section eighteen of this Act is exercised
Goods means goods, luggage, or chattels of any description; and includes live or dead animals
Goods: this definition was inserted, as from 12 November 1973, by section 2 Ohai Railway Amendment Act 1973 (1973 No 8).
Principal Act means The Public Bodies Contracts Act 1959.
The reference to The Public Bodies Contracts Act 1959 was substituted, as from 23 October 1959, for a reference to The Local Railways Act 1914, by section 5(2) Local Bodies Contracts Act 1959 (1959 No 98).
(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.
(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) of this section 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.
The original section 4 was substituted, as from 18 November 1947, by section 2 Ohai Railway Board Amendment Act 1947 (1947 No 11(L)).
Section 4 was further substituted, and sections 4A to 4C were inserted, as from 29 January 1972, by section 2 Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
Section 4 was further substituted, as from 3 October 1975, by section 2 Ohai Railway Board Amendment Act 1975 (1975 No 14).
(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 4 was further substituted, and sections 4A to 4C were inserted, as from 29 January 1972, by section 2 Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
Meetings of the Board shall be held at such times and places as the Chairman may from time to time appoint.
Section 4 was further substituted, and sections 4A to 4C were inserted, as from 29 January 1972, by section 2 Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
(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 4 was further substituted, and sections 4A to 4C were inserted, as from 29 January 1972, by section 2 Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Paragraph (b) was amended, as from 18 November 1947, by section 3 Ohai Railway Board Amendment Act 1947 (1947 No 11(L)) by inserting the words “(other than the Crown)”
.
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
The third proviso to section 10(2) was inserted, as from 19 September 1934, by section 2 Ohai Railway Board Amendment Act 1934 (1934 No 2(L)).
Section 10(3) was inserted, as from 19 September 1934, by section 2 Ohai Railway Board Amendment Act 1934 (1934 No 2(L)).
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Section 13 was amended, as from 28 March 1941, by section 2(4) Local Elections and Polls Amendment Act 1941 (1941 No 2) by substituting “last Saturday in January”
for “same day”
.
Section 13 was repealed, as from 27 August 1953, by section 103(1) Local Elections and Polls Act 1953 (1953 No 16).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
[Repealed]
Sections 5 to 12, and 14 to 17 were repealed, as from 29 January 1972, by section 3(b) Ohai Railway Board Amendment Act 1971 (1971 No 15(L)).
(1) The Board may by resolution and without taking the steps described in sections nine to thirteen 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 nineteen hereof, 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 sixty-two thousand dollars.
(2) Section thirty-two 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 twenty-seven of The Local Bodies' Loans Act 1926; and the provisions of sections forty-eight to fifty-eight of such Act shall apply to such debentures.
The words “sixty-two thousand dollars”
in the proviso to section 18(1) were substituted, as from 10 July 1967, for the words “thirty-one thousand pounds”
pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
The Board shall on or before the twenty-eighth day of February, nineteen hundred and thirty-three, repay the loan raised by the Board and known as the Ohai Railway Board Debenture Loan of $60,000.
The reference to “$60,000”
was substituted, as from 10 July 1967, for a reference to “£30,000”
pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).
(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 by any bylaw or regulation for the time being in force under The Public Bodies Contracts Act 1959, he is required to deliver in respect of such goods, shall be liable on summary conviction to a fine not exceeding $100.
This section was inserted, as from 12 November 1973, by section 3 Ohai Railway Amendment Act 1973 (1973 No 8).
The reference to The Public Bodies Contracts Act 1959 was substituted, as from 23 October 1959, for a reference to The Local Railways Act 1914, by section 5(2) Local Bodies Contracts Act 1959 (1959 No 98).
The Government Railways Act 1949 was repealed, as from 1 April 1982, by section 120(1) New Zealand Railways Corporation Act 1981 (1981 No 119).
Subsection two of section five, subsections one, two, and four of section six, sections thirteen and fourteen, sections forty to forty-four, section 73, and subsection three of section twenty-five of the principal Act, and subsection four of section two of The Local Railways Amendment Act 1926, shall not apply to or in relation to the Board.
This section was amended, as from 12 November 1973, by section 4 Ohai Railway Amendment Act 1973 (1973 No 8) by inserting the words “section 73,”
.
Upon the Board exercising any power to borrow given by this Act the power given by section sixty-five of The Reserves and other Lands Disposal and Public Bodies Empowering Act 1922, shall cease to be exercised by the Board.
| ELECTORS ROLL OF | SUBDIVISION. |
|---|---|
| Number in Valuation Roll. | Name and Address of Elector. |
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