Balclutha Housing Act 1945

Balclutha Housing Act 1945

Local Act1945 No 1
Date of assent1 September 1945

Contents

Title

1 Short Title

2 Interpretation

3  [Repealed]

4  [Repealed]

5  [Repealed]

6  [Repealed]

7  [Repealed]

8  [Repealed]

9  [Repealed]

10  [Repealed]

11  [Repealed]

12  [Repealed]

13  [Repealed]

14  [Repealed]

15  [Repealed]

16  [Repealed]

17  [Repealed]

18  [Repealed]

19  [Repealed]

20 Powers of Council in regard to making advances for the renovation or enlargement of buildings

An Act to confer Further and Additional Powers on the Balclutha Borough Council in relation to Housing.

BE IT 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 Balclutha Housing Act 1945.

2 Interpretation

  • In this Act, if not inconsistent with the context,—

    Building society means a society formed under or subject to the Building Societies Act 1965

    Building society: the reference to the Building Societies Act 1965 was substituted, as from 1 January 1966, for a reference to the Building Societies Act 1908 pursuant to section 139(1) Building Societies Act 1965 (1965 No 22).

    Borough means the Borough of Balclutha

    Borough Valuer means the officer of the Council for the time being acting as Borough Valuer

    Corporation means the Corporation of the Mayor, Councillors, and Burgesses of the Borough of Balclutha

    Council means the Balclutha Borough Council

    Financial institution means any building society or any company or body corporate (whether incorporated in New Zealand or else-where) empowered to lend money on mortgage of land, and includes the State Advances Corporation of New Zealand and every other State or Government lending institution in New Zealand

    House means any house, or part of a house, occupied as a separate dwelling, and includes outbuildings, paths, and fences

    Estimated value means the value as estimated in a valuation made on behalf of the Council.

3

  • [Repealed]

    Section 3 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

4

  • [Repealed]

    Section 4 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

5

  • [Repealed]

    Section 5 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

6

  • [Repealed]

    Section 6 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

7

  • [Repealed]

    Section 7 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

8

  • [Repealed]

    Section 8 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

9

  • [Repealed]

    Section 9 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

10

  • [Repealed]

    Section 10 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

11

  • [Repealed]

    Section 11 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

12

  • [Repealed]

    Section 12 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

13

  • [Repealed]

    Section 13 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

14

  • [Repealed]

    Section 14 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

15

  • [Repealed]

    Section 15 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

16

  • [Repealed]

    Section 16 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

17

  • [Repealed]

    Section 17 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

18

  • [Repealed]

    Section 18 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

19

  • [Repealed]

    Section 19 was repealed, as from 26 November 1948, by section 22(1) Municipal Corporations Amendment Act 1948 (1948 No 60).

20 Powers of Council in regard to making advances for the renovation or enlargement of buildings

  • (1) If the owner of any house or building in the Borough applies to the Council for assistance for the purpose of carrying out works for the reconstruction, enlargement, repair, or improvement thereof, and the Council is of opinion that only after the works are carried out the house or building would be in all respects fit for habitation as a house, and that the area in which the house or building is situated is in regard to housing accommodation such as to make it desirable that the work should be carried out, and if the owner of such property and the mortgagees thereof are unable, in the opinion of the Council, to provide the moneys necessary to carry out such work, the Council may, with the consent in writing of the mortgagees, advance to the owner the whole or any part of such sum as may be necessary to defray the cost of the work and any expenses incidental thereto.

    (2) Before the works are commenced full particulars of the works and plans and specifications thereof shall be submitted to the Council for its approval, and before any advance is made the Council shall satisfy itself that the works in respect of which the advance is to be made have been carried out in a satisfactory and efficient manner.

    (3) For the purposes of this section owner, in respect of any property, means the person for the time being entitled to receive the rack-rent thereof, or who would be so entitled if the same were let to a tenant at a rack-rent.

    (4) The Council and the owner may agree that the amount of any advance shall be repayable in one sum at a fixed time, with interest at a rate to be fixed by the Council at the time when the advance is made, or by instalments extending over a number of years, with interest at a rate fixed as aforesaid. Such agreement may contain any incidental provisions and may provide for the earlier payment of instalments, or any of them, on terms to be mentioned in the agreement:

    Provided that where an agreement makes no provision as aforesaid for early payment of instalments the Council shall accept the whole of the unpaid instalments at any time when the same is tendered, and for the purpose of any such tender interest shall be calculated and paid only up to and including the day of such tender.

    (5) Such agreement may, where the moneys are repayable in one amount, contain provisions for securing the repayment thereof, and where the moneys are repayable by instalments each such instalment shall for all purposes be deemed to be a rate subject, nevertheless, to the following conditions:—

    • (a) The owner for the time being of the premises in question shall in all cases be deemed the person primarily liable for payment:

    • (b) A separate rate-book shall be kept by the Collector of Rates to the Council in which particulars of such instalments (distinguishing capital and interest) and of the lands in respect whereof they are payable, and of the dates for payment thereof, and all the names of persons paying the same shall be entered; and such book shall be prima facie evidence of the correctness of its contents.

    (6) The capital moneys advanced by the Council under this section may, when repaid, be advanced to other owners for the purposes aforesaid and subject thereto all such capital moneys shall be applied in or towards the repayment of any special loan raised as hereinafter mentioned, either by payment into the sinking fund in addition to the annual sinking fund payments required, if any, or in such other manner as the Council, with the sanction of the Audit Office, determines.

    (7) Interest-moneys on any advances shall be applied in or towards payment of the interest or other annual charges in respect of the special loan aforesaid.

    (8) For the purpose of providing funds out of which advances as aforesaid may be made the Council may borrow moneys by way of special loan, not exceeding in the aggregate two thousand dollars under the Local Bodies' Loans Act 1926, by special order, and without taking the steps prescribed in sections nine to thirteen of that Act.

    (9) All moneys payable to the Council by the owner of any property in respect of any such advances shall be a charge on that property.

    The words “two thousand dollars” were substituted, as from 10 July 1967, for the words “one thousand pounds” pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).