Palmerston North Town Planning Empowering Act 1951

Reprint
as at 2 December 1951

Coat of Arms of New Zealand

Palmerston North Town Planning Empowering Act 1951

Local Act1951 No 15
Date of assent1 December 1951
Commencement1 December 1951

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 empower the Palmerston North City Council to purchase and develop lands for industrial and commercial purposes before the final approval of its town planning scheme, 1951

  • Preamble

    Whereas the Palmerston North City Council is a local authority as defined by the Town Planning Act 1926 and is desirous, prior to its town planning scheme (hereinafter referred to as the said scheme) being finally approved by the Town Planning Board, of acquiring certain lands which in its opinion it is necessary and expedient to acquire for the proper development and use of such lands for industrial or commercial purposes in accordance with the said scheme.

1 Short Title
  • This Act may be cited as the Palmerston North Town Planning Empowering Act 1951.

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

    City means the City of Palmerston North

    Council means the Palmerston North City Council.

3 Council may acquire lands for industrial and commercial purposes
  • The Council may purchase, or take or acquire under the Public Works Act 1928, in the name of the Mayor, Councillors, and Citizens of the City, the whole or any portion or portions of the lands described in the Schedule.

4 Power to develop and deal with lands
  • For the purposes of the said scheme the Council may carry out the subdivision or regrouping of all or any lands acquired as aforesaid, or of any portion or portions thereof, and improve and develop all or any of such lands for industrial or commercial purposes, and erect on any portion or portions thereof any buildings for letting or leasing for industrial or commercial purposes:

    provided that, except with the consent of the Minister of Works, no building, pole, mast, or other structure of any kind shall be erected, placed, or extended by the Council on any portion or portions of any such lands as aforesaid beyond the height specified in any notice that may hereafter be gazetted and publicly notified pursuant to section 4 of the Public Works Amendment Act 1935, and the provisions of that section shall, as far as they are applicable and with the necessary modifications, apply accordingly.

5 Power to sell lands
  • (1) The Council may sell any portion or portions of any lands acquired as aforesaid with or without buildings.

    (2) The net proceeds of any such sale, and of any other sale referred to in this section, shall be devoted—

    • (a) firstly, in or towards repayment of any loans previously raised in respect of the lands sold or in making provision for repayment of any balance outstanding under any such loan:

    • (b) secondly, towards repayment of any advances made by the Council from its other funds for the purchase or development of the lands sold or for the erection of buildings thereon:

    • (c) thirdly, towards the purchase, improvement, or development of, or the erection of buildings on, any other portion or portions of the lands mentioned in the Schedule,—

    and any surplus then remaining shall be held by the Council for the purpose of acquiring, developing, and disposing of other lands in the city pursuant to section 8 of the Town Planning Amendment Act 1948.

6 Power to let land for purposes of scheme
  • For any purpose permitted by the said scheme the Council may let or lease any land so acquired, or any building or part of a building thereon, in any manner and on terms and conditions authorised by any enactment conferring leasing powers on the Council:

    provided that the Council may let or lease any such land, building, or part of a building as aforesaid by private contract without public auction, public tender, or public application, but only on such terms and otherwise subject in all respects to such conditions as are prescribed by any such enactment as aforesaid.

7 Power to borrow for purposes of Act
  • For the purpose of acquiring any such lands or carrying out any works hereinbefore referred to the Council may from time to time raise a special loan under the provisions of the Local Bodies' Loans Act 1926, by special order, and without taking the steps prescribed by sections 9 to 13 of that Act.


Schedule

All that parcel of land situated in Block VII, Kairanga Survey District, containing 25 acres 1 rood 34.7 perches, more or less, being parts Lots 12 and 13 on Deposited Plan 1781, being part Section 527, Town of Palmerston North, and being the balance of the land comprised and described in certificate of title, Vol 165, folio 73 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 17 acres 24 perches, more or less, being part Rural Section 527, Township of Palmerston North, as defined on Plan A/815, and being the balance of the land comprised and described in certificate of title, Vol 453, folio 17 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 16 acres 1 rood 35.9 perches, more or less, being parts Lots 9 and 10 on Deposited Plan 1781, being part Section 527, Town of Palmerston North, and being the balance of the land comprised and described in certificate of title, Vol 169, folio 285 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 7 acres 2 roods 11.9 perches, more or less, being part Lot 8 on Deposited Plan 1781, being part Section 527, Town of Palmerston North, and being the balance of the land comprised and described in certificate of title, Vol 171, folio 260 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 7 acres 2 roods 3.5 perches, more or less, being part Lot 7 on Deposited Plan 1781, being part Section 527, Town of Palmerston North, and being the balance of the land comprised and described in certificate of title, Vol 172, folio 255 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 7 acres 1 rood 33.4 perches, more or less, being part Lot 6 on Deposited Plan 1781, being part Section 527, Town of Palmerston North, and being the balance of the land comprised and described in certificate of title, Vol 173, folio 169 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 1 rood 15.8 perches, more or less, being part Lot 5 on Deposited Plan 1781, being part Section 527, Town of Palmerston North, and being the whole of the land comprised and described in certificate of title, Vol 174, folio 218 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 1 acre 2 roods 24.2 perches, more or less, being Lot 2 on Deposited Plan 2863, being part Rural Section 527, Town of Palmerston North, and being the whole of the land comprised and described in certificate of title, Vol 222, folio 130 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 7 acres 2 roods 13.8 perches, more or less, being part Lot 3 on Deposited Plan 2863, being part Rural Section 527, Town of Palmerston North, and being the balance of the land comprised and described in certificate of title, Vol 222, folio 128 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 4 acres 3 roods 18.2 perches, more or less, being part Lot 4 on Deposited Plan 2863, being part Rural Section 527, Town of Palmerston North, and being the balance of the land comprised and described in certificate of title, Vol 222, folio 129 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 11 acres 27 perches, more or less, being parts Lots 1 and 3 on Deposited Plan 1781, being part Rural Section 527, Town of Palmerston North, and being the whole of the land comprised and described in certificate of title, Vol 445, folio 117 (Wellington Registry).

Also all that parcel of land situated in Block VII, Kairanga Survey District, containing 3 acres 3 roods 10.44 perches, more or less, being part Lot 2 on Deposited Plan 1781, being part Section 527, Town of Palmerston North, and being the balance of the land comprised and described in certificate of title, Vol 159, folio 191 (Wellington Registry), after excluding therefrom the whole of the lands comprised in Deposited Plan 9271.


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 Palmerston North Town Planning Empowering Act 1951. The reprint incorporates all the amendments to the Act as at 2 December 1951, 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)