Balclutha Housing Act 1945

Reprint
as at 26 November 1948

Coat of Arms of New Zealand

Balclutha Housing Act 1945

Local Act1945 No 1
Date of assent1 September 1945
Commencement1 September 1945

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.


Contents

Title

1 Short Title

2 Interpretation

3 Council empowered to financially assist approved persons by contributing out of loan-moneys to the amount to be advanced by financial institutions [Repealed]

4 Council and financial institutions may enter into agreements in reference to payments in respect of advances [Repealed]

5 Requirements by Council before exercising power to give financial assistance [Repealed]

6 Limit to amount which may be advanced [Repealed]

7 Council may guarantee to financial institutions advances to approved persons [Repealed]

8 Council and financial institution may agree upon terms of guarantee and same may be varied at any time [Repealed]

9 Requirements of Council prior to exercising powers contained in section 7 [Repealed]

10 Amount to be guaranteed limited to one-third of amount to be secured by mortgage [Repealed]

11 Liability of Council under total guarantees limited to £10,000 [Repealed]

12 Council may guarantee certain replacement mortgages [Repealed]

13 Extending lending powers of financial institutions [Repealed]

14 Council authorised to borrow up to £10,000 for purpose of Act [Repealed]

15 Provisions which apply to all mortgages to which the Act relates [Repealed]

16 All documents executed by Council to be under seal of Corporation [Repealed]

17 Resolution to make advance conclusive evidence of authority [Repealed]

18 Provision for creation of Reserve Fund [Repealed]

19 Power to lease lands other than public reserves for housing purposes [Repealed]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

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 1908

    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 elsewhere) 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 Council empowered to financially assist approved persons by contributing out of loan-moneys to the amount to be advanced by financial institutions
  • [Repealed]

    Section 3: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

4 Council and financial institutions may enter into agreements in reference to payments in respect of advances
  • [Repealed]

    Section 4: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

5 Requirements by Council before exercising power to give financial assistance
  • [Repealed]

    Section 5: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

6 Limit to amount which may be advanced
  • [Repealed]

    Section 6: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

7 Council may guarantee to financial institutions advances to approved persons
  • [Repealed]

    Section 7: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

8 Council and financial institution may agree upon terms of guarantee and same may be varied at any time
  • [Repealed]

    Section 8: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

9 Requirements of Council prior to exercising powers contained in section 7
  • [Repealed]

    Section 9: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

10 Amount to be guaranteed limited to one-third of amount to be secured by mortgage
  • [Repealed]

    Section 10: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

11 Liability of Council under total guarantees limited to £10,000
  • [Repealed]

    Section 11: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

12 Council may guarantee certain replacement mortgages
  • [Repealed]

    Section 12: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

13 Extending lending powers of financial institutions
  • [Repealed]

    Section 13: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

14 Council authorised to borrow up to £10,000 for purpose of Act
  • [Repealed]

    Section 14: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

15 Provisions which apply to all mortgages to which the Act relates
  • [Repealed]

    Section 15: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

16 All documents executed by Council to be under seal of Corporation
  • [Repealed]

    Section 16: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

17 Resolution to make advance conclusive evidence of authority
  • [Repealed]

    Section 17: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

18 Provision for creation of Reserve Fund
  • [Repealed]

    Section 18: repealed, on 26 November 1948, by section 22(1) of the Municipal Corporations Amendment Act 1948 (1948 No 60).

19 Power to lease lands other than public reserves for housing purposes
  • [Repealed]

    Section 19: repealed, on 26 November 1948, by section 22(1) of the 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 1,000 pounds under the Local Bodies' Loans Act 1926, by special order, and without taking the steps prescribed in sections 9 to 13 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.


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 Balclutha Housing Act 1945. The reprint incorporates all the amendments to the Act as at 26 November 1948, 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)
  • Municipal Corporations Amendment Act 1948 (1948 No 60): section 22(1)