Taranaki Harbours Board Empowering Act 1951

Taranaki Harbours Board Empowering Act 1951

Local Act1951 No 9
Date of assent9 November 1951

An Act to authorize the Taranaki Harbours Board to raise a loan.

  • The words “Taranaki Harbour Board” were substituted, as from 2 September 1954, for the words “New Plymouth Harbour Board” by section 4(3) Taranaki Harbour Board pursuant to section 4(3) Taranaki Harbour Board Act 1954 (1954 No 3(L)). Those words were in turn substituted, as from 1 September 1965, by the words “Taranaki Harbours Board” pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

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 Taranaki Harbours Board Empowering Act 1951.

    The words “Taranaki Harbour Board” were substituted, as from 2 September 1954, for the words “New Plymouth Harbour Board” by section 4(3) Taranaki Harbour Board pursuant to section 4(3) Taranaki Harbour Board Act 1954 (1954 No 3(L)). Those words were in turn substituted, as from 1 September 1965, by the words “Taranaki Harbours Board” pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

2 Special Act

  • This Act shall for all purposes be deemed to be a special Act within the meaning of the Harbours Act 1950.

3 Interpretation

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

    Board means the Taranaki Harbours Board

    Board: the words “Taranaki Harbour Board” were substituted, as from 2 September 1954, for the words “New Plymouth Harbour Board” by section 4(3) Taranaki Harbour Board pursuant to section 4(3) Taranaki Harbour Board Act 1954 (1954 No 3(L)). Those words were in turn substituted, as from 1 September 1965, by the words “Taranaki Harbours Board” pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

    Harbours district means the area described in Schedule 4 to the Taranaki Harbours Board Act 1954

    Harbour District: substituted, as from 21 October 1955, by section 10(1) Taranaki Harbour Board Empowering Act 1955 (1955 No 7(L)).

    Harbours district: the words “Taranaki Harbour Board” were substituted, as from 2 September 1954, for the words “New Plymouth Harbour Board” by section 4(3) Taranaki Harbour Board pursuant to section 4(3) Taranaki Harbour Board Act 1954 (1954 No 3(L)). Those words were in turn substituted, as from 1 September 1965, by the words “Taranaki Harbours Board” pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

    Harbours district: the words “harbours district” were substituted, as from 1 September 1965, for the words “harbour district” pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

4 Power to borrow

  • In addition to the authorities conferred on the Board by the Taranaki Harbours Board Empowering Act 1908, the Taranaki Harbour Board Empowering Act 1918, and the Taranaki Harbour Board Empowering Act 1924, it shall be lawful for the Board, from time to time as it may require, to borrow, subject to the provisions of the Harbours Act 1950 and the Local Authorities Loans Act 1956, such sum or sums not exceeding in the whole the sum of nine hundred and seventy thousand dollars for the purpose of carrying out, subject to the Harbours Act 1950, the works specified in Schedule 2 to this Act.

    This section was amended, as from 22 October 1952, by section 4 New Plymouth Harbour Board Empowering Amendment Act 1952 (1952 No 23(L)) by substituting the words “four hundred and eighty-five thousand pounds” for the words “one hundred and eighty-five thousand pounds”.

    The words “Taranaki Harbour Board” were substituted, as from 2 September 1954, for the words “New Plymouth Harbour Board” by section 4(3) Taranaki Harbour Board pursuant to section 4(3) Taranaki Harbour Board Act 1954 (1954 No 3(L)). Those words were in turn substituted, as from 1 September 1965, by the words “Taranaki Harbours Board” pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

    The reference to the Local Authorities Loans Act 1956 was substituted, as from 1 April 1957, for a reference to the Local Government Loans Board Act 1926 pursuant to section 135(1) Local Authorities Loans Act 1956 (1956 No 63).

    The words “nine hundred and seventy thousand dollars” were substituted, as from 10 July 1967, for the words “four hundred and eighty-five thousand pounds” pursuant to section 7(2) Decimal Currency Act 1964 (1964 No 27).

5 Local Authorities Loans Act may be applied

  • The Board may by resolution decide to raise such loan as aforesaid under the Local Authorities Loans Act 1956, in which case the Board may from time to time raise the moneys in accordance with the provisions of Part 1 of that Act, and the provisions of that Act shall apply as if the Board were a local authority, the harbour district were a district, and the said works were public works within the meaning of that Act:

    Provided that, for the purposes of the poll to be taken under that Act, a majority of the total valid votes recorded shall suffice to carry the proposal.

    References to the Local Bodies' Loans Act 1926 were substituted, as from 1 April 1957, by section 135(1) Local Authorities Loans Act 1956 (1956 No 63).

6 Expenses may be paid out of borrowed money

  • The Board may out of moneys borrowed pursuant to the authority conferred by this Act repay to any account any sum or sums, or any portion of any sum or sums, advanced therefrom and applied before the passing of this Act to the purposes for which such moneys are authorized to be borrowed.

7 Security for loan

  • In addition to the charge on the Harbour Fund created by the Harbours Act 1950, the Board may, if the loan is being or has been raised in accordance with the provisions of the Local Authorities Loans Act 1956, make and levy as further security for the moneys authorized to be borrowed under this Act a special rate on all rateable property in the harbour district.

    The reference to the Local Authorities Loans Act 1956 was substituted, as from 1 April 1957, for a reference to the Local Government Loans Board Act 1926 pursuant to section 135(1) Local Authorities Loans Act 1956 (1956 No 63).

8 Returning officer

  • [Repealed]

    Sections 8 and 9 were repealed, as from 21 October 1955, by section 10(1) Taranaki Harbour Board Empowering Act 1955 (1955 No 7(L)).

9 Ratepayers' roll

  • [Repealed]

    Sections 8 and 9 were repealed, as from 21 October 1955, by section 10(1) Taranaki Harbour Board Empowering Act 1955 (1955 No 7(L)).

10 Estimate of revenue and expenditure

  • (1) If the loan is being or has been raised in accordance with the provisions of the Local Authorities Loans Act 1956, the Board shall in each year cause an estimate to be prepared, in such manner and according to such principle and method as the Board approves, of the anticipated revenue of the year (exclusive of any rate to be levied under this Act) and the anticipated expenditure of the year (including the annual payment or payments to be made, including interest, with respect to the moneys borrowed under the authority of this Act, but exclusive of capital expenditure on any loan account), and shall upon such estimate determine the deficiency of the revenue to meet the expenditure.

    (2) Any credit or debit balance of the Board's General Account at the close of each year shall be carried forward to the account of the next succeeding year for the purpose of the estimate of that succeeding year and the determination of the deficiency of the revenue of that succeeding year to meet the expenditure thereof.

    (3) The Board may levy or direct the levy, in accordance with the Harbours Act 1950, in each year of such part of the said special rate as is sufficient to provide for the deficiency.

    (4) The Board may for the purposes of the levy, or of such direction and levy, adopt some convenient fraction of a cent, notwithstanding that the sum produced thereby may exceed the said deficiency.

    The reference to the Local Authorities Loans Act 1956 in subsection (1) was substituted, as from 1 April 1957, for a reference to the Local Government Loans Board Act 1926 pursuant to section 135(1) Local Authorities Loans Act 1956 (1956 No 63).

    The word “cent” was substituted, as from 10 July 1967, for the word “penny” pursuant to section 7(2) Decimal Currency Act 1964 (1964 No 27).

11 Levy of special rate

  • The special rate that may be levied under the authority of this Act shall not exceed five-twelfths of a cent in the dollar upon the capital value of all rateable property in the area described in Schedule 1 to the Taranaki Harbour Board Empowering Act 1955 (which area shall be known as Rating Area No 1), and shall not exceed five-eighteenths of a cent in the dollar upon the capital value of all rateable property in the area described in the Second Schedule to the Taranaki Harbour Board Empowering Act 1955 (which area shall be known as Rating Area No 2), and shall not exceed five thirty-sixths of a cent in the dollar upon the capital value of all rateable property in the area described in Schedule 3 to the Taranaki Harbour Board Empowering Act 1955 (which area shall be known as Rating Area No 3); and all rates levied by the Board hereunder shall be levied in the like proportions.

    This section was amended, as from 21 October 1955, by section 10(1) Taranaki Harbour Board Empowering Act 1955 (1955 No 7(L)) by substituting the words “Schedule 1 to the Taranaki Harbour Board Empowering Act 1955” for the words “Schedule 3 to this Act”. It was further amended by that Act by substituting the words “Schedule 2 to the Taranaki Harbour Board Empowering Act 1955” for the words “Schedule 4 to this Act”. It was further amended by that Act by substituting the words “Schedule 3 to the Taranaki Harbour Board Empowering Act 1955” for the words “Schedule 5 to this Act”.

    The words “five-twelfths of a cent in the dollar”, the words, “five-eighteenths of a cent in the dollar” and the words “five thirty-sixths of a cent in the dollar” were substituted, as from 10 July 1967, for the words “one penny in the pound”, the words “two-thirds of a penny in the pound” and the words “one-third of a penny in the pound” pursuant to section 7(2) Decimal Currency Act 1964 (1964 No 27).

12 Prior securities not affected

  • Nothing in this Act or in any debentures issued in pursuance thereof shall affect or prejudice the rights of the holders of any debentures heretofore executed or issued by the Board pursuant to the provisions of the Taranaki Harbours Board Empowering Act 1908, the Taranaki Harbours Board Empowering Act 1918, or the Taranaki Harbours Board Empowering Act 1924.

    The words “Taranaki Harbour Board” were substituted, as from 2 September 1954, for the words “New Plymouth Harbour Board” by section 4(3) Taranaki Harbour Board pursuant to section 4(3) Taranaki Harbour Board Act 1954 (1954 No 3(L)). Those words were in turn substituted, as from 1 September 1965, by the words “Taranaki Harbours Board” pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

Schedule 1
Taranaki Harbour District

[Repealed]

  • The words “Taranaki Harbour District” were substituted, as from 2 September 1954, for the words “New Plymouth Harbour District” by section 4(3) Taranaki Harbour Board pursuant to section 4(3) Taranaki Harbour Board Act 1954 (1954 No 3(L)).

  • Schedules 1, 3, 4, and 5 were repealed, as from 21 October 1955, by section 10(1) Taranaki Harbour Board Empowering Act 1955 (1955 No 7(L)).

Schedule 2
Works for which moneys may be borrowed

  • Schedule 2 was substituted, as from 22 October 1952, by section 4 New Plymouth Harbour Board Empowering Amendment Act 1952 (1952 No 23(L)).

The demolition of the Board's existing Moturoa Wharf and the construction of a new wharf in its place, also the widening of the Board's existing Newton King Wharf on its eastern side as shown on the plan marked MD 9343, deposited in the office of the Marine Department, Wellington, and including the dredging of each site and the approaches thereto and the provision of necessary plant and equipment.

Schedule 3
Rating area no 1

[Repealed]

  • Schedules 1, 3, 4, and 5 were repealed, as from 21 October 1955, by section 10(1) Taranaki Harbour Board Empowering Act 1955 (1955 No 7(L)).

Schedule 4
Rating area no 2

[Repealed]

  • Schedules 1, 3, 4, and 5 were repealed, as from 21 October 1955, by section 10(1) Taranaki Harbour Board Empowering Act 1955 (1955 No 7(L)).

Schedule 5
Rating area no 3

[Repealed]

  • Schedules 1, 3, 4, and 5 were repealed, as from 21 October 1955, by section 10(1) Taranaki Harbour Board Empowering Act 1955 (1955 No 7(L)).