New Plymouth Borough Land Exchange and Empowering Act 1939

Reprint
as at 1 July 2013

Coat of Arms of New Zealand

New Plymouth Borough Land Exchange and Empowering Act 1939

Local Act1939 No 6
Date of assent8 September 1939
Commencement8 September 1939

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.


An Act to effect an exchange of certain lands between the Corporation of the Borough of New Plymouth and the New Plymouth Harbour Board; to empower the New Plymouth Borough Council to promote carnivals for the purpose of raising funds for the maintenance and improvement of public reserves and domains; to authorise the Council to establish funds for the promotion of future carnivals; and to empower the Council to make bylaws regulating admission to carnivals

  • Preamble

    Whereas the Corporation of the Mayor, Councillors, and Burgesses of the Borough of New Plymouth (hereinafter referred to as the Corporation) is the owner of the lands described in Schedule 1:

    And whereas the New Plymouth Harbour Board (hereinafter referred to as the Board) is the owner of the lands described in Schedule 2:

    And whereas it is for the mutual advantage of the Corporation and the Board that the exchange of the said lands authorised by this Act should be effected:

    And whereas much of the revenue required for the upkeep and maintenance of public reserves and domains within and without the Borough of New Plymouth vested in the Corporation or controlled by the New Plymouth Borough Council (hereinafter called the Council) is raised out of the proceeds of carnivals, entertainments, and other gatherings held from time to time on some one or other of those public reserves and domains:

    And whereas it is expedient that the Council be empowered to hold such carnivals and gatherings and to control the admission of persons to any place used therefor.

1 Short Title
  • This Act may be cited as the New Plymouth Borough Land Exchange and Empowering Act 1939.

2 Interpretation
  • In this Act, unless the context otherwise requires,—

    carnival includes games, sports, competitions, festivals, celebrations, exhibitions, pageants, shows, picnics, displays, entertainments, contests, and gatherings of any description

    reserve means any reserve vested in the Corporation for the purposes of public recreation, any land used for the purpose of public recreation of which the Council is by lease, licence, or otherwise, the controlling authority, and any domain of which the Council has been or may hereafter be appointed as a Domain Board, or of which the Council is otherwise the controlling authority.

3 Lands vested in New Plymouth Harbour Board
  • (1) The lands described in Schedule 1 (being lands heretofore vested in the Corporation) are hereby vested in the Board in fee simple, subject to existing leases and tenancies affecting the same, but otherwise free from the trusts and reservations heretofore affecting them, and shall be held by the Board in trust as an endowment for the purposes for which the Board is constituted.

    (2) The District Land Registrar for the Land Registration District of Taranaki is hereby authorised to make such entries in the register as are necessary to give effect to the provisions of this section.

4 Lands vested in the Corporation of the Borough of New Plymouth
  • (1) The lands described in Schedule 2 (being lands heretofore vested in the Board) are hereby vested in the Corporation in fee simple, subject to existing leases and tenancies affecting the same, free from the trusts and reservations heretofore affecting them, and shall be held by the Corporation for purposes of public utility.

    (2) The District Land Registrar for the Land Registration District of Taranaki is hereby authorised to make such entries in the register as are necessary to give effect to the provisions of this section.

5 Council to pay equality of exchange
  • Forthwith after the passing of this Act the Council shall pay to the Board the sum of 85 pounds by way of equality of the exchange effected by this Act, and until paid the said sum shall be deemed to be a debt due by the Corporation to the Board, and shall be recoverable in any court of competent jurisdiction accordingly.

6 Power to promote carnivals
  • For the purpose of raising funds for the maintenance or improvement of any reserve the Council from time to time may promote, conduct, and hold, or join with any person in promoting, conducting, or holding, carnivals, and may expend money for any of those purposes, and may provide, or contribute towards the cost of providing, prizes, medals, and other rewards therefor.

7 Power to establish funds for future carnivals
  • The Council may from time to time set aside moneys out of the proceeds of any carnival to form a fund or funds, to be expended in the advertising, promoting, conducting, and holding of future carnivals to be held for the same purposes as the carnival from the proceeds of which such moneys were taken was promoted, conducted, or held.

8 Power to make bylaws regulating admission to carnivals
  • (1) The Council may from time to time make bylaws controlling the admission of persons to any reserve used for any carnival held under the authority of this Act.

    (2) Such bylaws may control admission to the reserve during the whole or any part of the period beginning 3 clear days before the opening of the carnival and ending 3 clear days after the close thereof.

    (3) Without limiting the generality of the authority conferred by the foregoing provisions of this section, such bylaws may provide for—

    • (a) the exclusion from any such reserve of any specified class of persons, either absolutely or subject to such conditions as are prescribed in the bylaws;

    • (b) the issue by the Council or by any person or body of persons authorised by the Council in that behalf of licences to any specified class of persons therein described; and

    • (c) the exclusion as aforesaid of any person or a class so specified who is not for the time being the holder of such a licence.

    (4) No such bylaw shall authorise or be deemed to authorise the issue of a licence to any person under the age of 16 years, and any licence issued to such a person shall be void and of no effect.

    (5) Nothing herein shall authorise the Council, in respect of any reserve subject to the provisions of the Reserves Act 1977, to make a charge for the admission of the public to such reserve on a greater number of days than is or may be prescribed under the provisions of that Act, or to make a greater charge than is or may be authorised under those provisions.

    Section 8(5): amended, on 1 April 1978, pursuant to section 125(1) of the Reserves Act 1977 (1977 No 66).

9 Special provisions as to licences under bylaws
  • (1) With respect to licences as aforesaid, the bylaws may make provision for all or any of the following matters:

    • (a) the terms for which licences may continue in force, not exceeding in any case a period of 1 year:

    • (b) reasonable fees to be payable upon application for and upon the issue of licences:

    • (c) the suspension and revocation of licences:

    • (d) requiring the production of licences to the Council or any officer of the Council or any other specified person:

    • (e) prohibiting or restricting any assignment of a licence or the benefits thereof:

    • (f) authorising the imposition in a licence of conditions, to be prescribed in the bylaws, relating to or restricting in any such place as aforesaid—

      • (i) the conduct of the licensee or any person employed by him or under his control;

      • (ii) the occupation by the licensee for any purpose of any site;

      • (iii) the activities to be permitted to the licensee;

      • (iv) the employment by the licensee of persons under any specified age:

    • (g) requiring the deposit with the Council of a prescribed sum of money by way of security for compliance by the licensee with the terms and conditions of the licence, and for the forfeiture of such deposit upon breach of such terms and conditions.

    (2) Any person to whom a licence has been refused or whose licence is revoked, or whose deposit is forfeited, may, within 14 days from the date of the giving of the decision with which he feels aggrieved, appeal to a District Court Judge for redress.

    (3) On the hearing of the proceedings the District Court Judge shall have power to confirm, reverse, or modify the decision appealed against, and such determination shall be final and conclusive.

    (4) The District Court Judge shall have power to award to either of the parties the costs of and incidental to any such proceedings.

    Section 9(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 9(2): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

    Section 9(3): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

    Section 9(4): amended, on 1 April 1980, pursuant to section 18(2) of the District Courts Amendment Act 1979 (1979 No 125).

10 Power of Minister to disallow bylaw
  • A copy of every bylaw made by the Council under this Act shall, within 14 days from the making thereof, be forwarded by the Council to the Minister of Internal Affairs, who may, at any time within 3 months after the making thereof, disallow the same or any part thereof, and upon such disallowance being gazetted such bylaw or part thereof, as the case may be, shall be deemed to have been revoked.

11 Offences and penalties
  • (1) Every person who commits a breach of any bylaw made under the authority of this Act or who, being the holder of a licence issued under the authority of any such bylaw, commits a breach of any condition contained in such licence, may be removed from any premises to which such bylaw relates by any member, officer, agent, or servant of the Council, or by any constable, and is liable on conviction to a fine of $40.

    (2) Every person commits an offence and is liable on conviction to a fine of $40 who, in relation to any licence granted under bylaws made under this Act, or in relation to an application for or in respect of any such licence, does any of the following things, namely:

    • (a) gives a false name or address of himself or any other person; or

    • (b) makes any false representation as to the identity of himself or any other person.

    Section 11(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

    Section 11(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

12 Powers of Council under other Acts not restricted
  • Nothing herein shall take away, restrict, or modify any power conferred on the Council by the Municipal Corporations Act 1933, the Public Reserves and Domains Act 1928, or by any other Act.

    Section 12: amended, on 1 April 1953, pursuant to section 64(2) of the National Parks Act 1952 (1952 No 54).


Schedule 1

Firstly, all those pieces of land containing together one rood three decimal five five perches (1 rood 3.55 perches), be the same a little more or less, being Lots 1, 2, 3, and 31 on Deposited Plan No 4787, part of Mount Eliot Reserve, and also Lot 2 on Deposited Plan No 5052, part of Mangaotuku Stream bed, all on the public map of the Town of New Plymouth, and being the whole of the land comprised in certificate of title, Volume 120, folio 221, Taranaki Registry.

Secondly, all that piece of land containing seven decimal two nine perches (7.29 perches), be the same a little more or less, being Subdivision 3 of Storehouse Reserve on the public map of the Town of New Plymouth, and being the whole of the land comprised in certificate of title, Volume 120, folio 201, Taranaki Registry.

Thirdly, all those pieces of land containing together ten acres two roods twelve decimal six perches (10 acres 2 roods 12.6 perches), be the same a little more or less, being Lots 2 to 36 (both inclusive) and parts Lots 1 and 37 to 41 (both inclusive) on Deposited Plan No 2926, and being parts of Sections 1784 to 1791, 1815 to 1822, 1845 to 1850, 1871 to 1875, 1876, 1897 to 1902, 1923 to 1926, and 1944 to 1947 (all inclusive) on the public maps of the Town of New Plymouth, and being the whole of the lands comprised in certificates of title, Volume 85, folio 16, Volume 71, folio 148, and Volume 138, folio 170, Taranaki Registry.

And, fourthly, all that piece of land containing thirty-eight decimal four four perches (38.44 perches), be the same a little more or less, being Lots 1 and 2 on Deposited Plan No 5364, and being part of Section H on the public map of the New Plymouth Town Belt, and being the whole of the land comprised in certificate of title, Volume 137, folio 140, Taranaki Registry.


Schedule 2

Firstly, all those pieces of land containing together thirty-one decimal nought four perches (31.04 perches), be the same a little more or less, being parts Lots 16, 17, 43, 44, and 45 on Deposited Plan No 578, and being parts of Mount Eliot Harbour Reserve shown on the public maps of the Town of New Plymouth, and being parts of the lands comprised in certificates of title, Volume 114, folio 59, and Volume 116, folio 183, Taranaki Registry.

Secondly, all those pieces of land containing together one rood twelve decimal five nine perches (1 rood 12.59 perches), be the same a little more or less, being Sections 2336 and 2337 on the public maps of the Town of New Plymouth and Lots 1, 2, and 3 on Deposited Plan No 1282, being parts of Section 2335 on the public maps of the Town of New Plymouth, and being parts of the land comprised in certificate of title, Volume 93, folio 131, Taranaki Registry.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the New Plymouth Borough Land Exchange and Empowering Act 1939. The reprint incorporates all the amendments to the Act as at 1 July 2013, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Criminal Procedure Act 2011 (2011 No 81): section 413

    District Courts Amendment Act 1979 (1979 No 125): section 18(2)

    Reserves Act 1977 (1977 No 66): section 125(1)

    National Parks Act 1952 (1952 No 54): section 64(2)