New Zealand Legislation: Acts
Acts are laws made by Parliament
Add to web feed | Local Act | 1938 No 9 |
| Date of assent | 14 September 1938 |
4 Special Act [Repealed]
5 Council to exercise powers of Harbour Board [Repealed]
11 Provisions for separate Harbour Account [Repealed]
12 Appointment of Committee [Repealed]
13 Annual statements [Repealed]
14 Special rate [Repealed]
An Act to provide for the Dissolution of the Opunake Harbour Board and the Transfer of the Functions of the said Board to the Opunake Borough Council, and to make certain Incidental Provisions.
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 Opunake Harbour Act 1938, and shall come into force on the first day of October, nineteen hundred and thirty-eight.
In this Act, unless the context otherwise requires,—
Board means the Opunake Harbour Board constituted under the Harbours Act 1950
The reference to the Harbours Act 1950 was substituted, as from 15 October 1950, for a reference to the Harbours Act 1923 pursuant to section 269 Harbours Act 1950 (1950 No 34).
Corporation means the Corporation of the Borough of Opunake
Council means the Opunake Borough Council
District means the Opunake Harbour District as defined in the Opunake Harbour Act 1908.
This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950.
The reference to the Harbours Act 1950 was substituted, as from 15 October 1950, for a reference to the Harbours Act 1923 pursuant to section 269 Harbours Act 1950 (1950 No 34).
The term Special act was omitted from the Harbours Act 1950, as from 1 December 1961, by section 2 Harbours Amendment Act 1961 (1961 No 114).
[Repealed]
Section 4 was repealed, as from 30 September 1954, pursuant to section 35 Local Legislation Act 1954 (1954 No 57).
[Repealed]
Section 5 was repealed, as from 30 September 1954, pursuant to section 35 Local Legislation Act 1954 (1954 No 57).
(1) With the exception of the lands referred to in the next succeeding section, all property, real and personal, belonging to the Board is hereby vested in the Mayor, Councillors, and Burgesses of the Borough of Opunake.
(2) [Repealed]
(3) [Repealed]
(4) [Repealed]
Subsections (2), (3), and (4) were repealed, as from 30 September 1954, pursuant to section 35 Local Legislation Act 1954 (1954 No 57).
(1) Sections 1, 2, 3, 4, and 5, Block XLVII, Town of Opunake, containing together an area of two acres two roods, more or less, and Sections 1, 2, 3, 4, 5, 6, and 7, Block XV, Town of Opunake, containing together an area of one acre two roods seven perches, more or less, are hereby declared to be vested in His Majesty the King as recreation reserves, to be subject to the provisions of Part 2 of the Public Reserves, Domains, and National Parks Act 1928, and to form part of the Opunake Domain.
(2) Nothing in the last preceding subsection shall affect the rights at present held over Sections 1, 2, 3, 4, and 5, Block XLVII, by the Opunake Seaside Improvement Society, Incorporated, under the lease registered as Number 11036, New Plymouth Registry.
(3) The District Land Registrar for the Land Registration District of Taranaki is hereby empowered and directed to make such entries in the appropriate registers as may be necessary to give full effect to the provisions of this section.
All Proclamations, Orders in Council, regulations, by-laws, offices, appointments, resolutions, agreements, licenses, lists, rolls, rate-books, records, documents, and generally all acts of authority which originated before the date of the coming into force of this Act in relation to the Board and are subsisting or in force on such date shall enure for the purposes of the Council and the Corporation as fully and effectually as if they had been originated by or in respect of the Council or the Corporation, and accordingly shall, where necessary, be deemed to have so originated.
In respect of any real property vested in the Corporation pursuant to section six hereof the following provisions shall apply:—
(a) It shall be the duty of the District Land Registrar or the Registrar of Deeds, as the case may be, on application by the Council and without payment of any fee, to register the Corporation as the proprietor thereof:
(b) No stamp duty under the Stamp and Cheque Duties Act 1971, shall be payable in respect of the vesting of such real property in the Corporation.
The reference to the Stamp Duties Act 1923 was substituted, as from 1 January 1955, by a reference to the Stamp Duties Act 1954 pursuant to section 175(1) Stamp Duties Act 1954 (1954 No 52). That reference was substituted, as from 1 January 1972, by a reference to the Stamp and Cheque Duties Act 1971 pursuant to section 101(1) Stamp and Cheque Duties Act 1971 (1971 No 51).
[Repealed]
Section 10 was repealed, as from 2 September 1954, pursuant to section 7(9) Taranaki Harbour Board Act 1954 (1954 No 3(L)).
[Repealed]
Section 11 was repealed, as from 2 September 1954, pursuant to section 7(9) Taranaki Harbour Board Act 1954 (1954 No 3(L)).
[Repealed]
Section 12 was repealed, as from 2 September 1954, pursuant to section 7(9) Taranaki Harbour Board Act 1954 (1954 No 3(L)).
[Repealed]
Section 13 was repealed, as from 2 September 1954, pursuant to section 7(9) Taranaki Harbour Board Act 1954 (1954 No 3(L)).
[Repealed]
Section 14 was repealed, as from 2 September 1954, pursuant to section 7(9) Taranaki Harbour Board Act 1954 (1954 No 3(L)).
The enactments mentioned in the Schedule hereto are hereby repealed.
The item referring to the Harbours Act 1923 was repealed, as from 22 October 1948, by section 2 Harbours Amendment Act 1948 (1948 No 18).
1908, No 14 (Local)—The Opunake Harbour Act 1908: Sections 3, 6, 8, 9, 12.
1909, No 27 (Local)—The Opunake Harbour Amendment Act 1909: Sections 4, 5, 6, 7, 8, 9.
1912, No 30 (Local)—The Opunake Harbour Amendment Act 1912.
1913, No 67—The Reserves and other Lands Disposal and Public Bodies Empowering Act 1913: Section 118.
1915, No 68—The Reserves and other Lands Disposal and Public Bodies Empowering Act 1916: Section 85.
1926, No 61—The Local Legislation Act 1926: Section 39.
1929, No 21—The Local Legislation Act 1929: Section 40.
1933, No 46—The Local Legislation Act 1933: Section 46.
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