New Plymouth City Empowering Act 1952 No 2 (as at 03 September 2007), Local Act

New Plymouth City Empowering Act 1952

Local Act1952 No 2
Date of assent29 August 1952

An Act to empower the New Plymouth City Council to amalgamate its tramways, trolley bus, and omnibus undertakings and the separate accounts and depreciation funds kept in respect thereof; and to empower the Council to manufacture concrete poles and to sell them to local authorities and Government Departments.

  • Preamble

    WHEREAS it is desirable to combine the tramways, trolley bus, and omnibus undertakings of the New Plymouth City Council and the separate accounts heretofore kept by the Council in respect thereof: And whereas the Council has established and fully equipped with plant and machinery a factory for the manufacture of concrete poles for carrying overhead electric lines: And whereas in order to operate such plant and machinery efficiently and to retain the services of an experienced staff therefor it is necessary to manufacture a quantity of poles exceeding the number required for the Council's own purposes, and the surplus poles are sold by the Council to certain Electric Power Boards and Government Departments: And whereas it is doubtful whether the Council may lawfully manufacture and sell such surplus poles, and it is desirable to remove any such doubt:

BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

1 Short Title and commencement
  • (1) This Act may be cited as the New Plymouth City Empowering Act 1952.

    (2) Except as provided in section six hereof, this Act shall come into force on the first day of April, nineteen hundred and fifty-three.

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

    Council means the New Plymouth City Council

    Government Department means any Department or instrument of the Executive Government of New Zealand

    Local authority means any City Council, Borough Council, Town Board, County Council, Harbour Board, or Electric Power Board.

3 Combining tramways, trolley bus, and omnibus undertakings
  • (1) The tramways, trolley bus, and omnibus undertakings of the Council are hereby combined to form one transport undertaking, which is hereby declared to be a trading undertaking within the meaning and for the purposes of Part 11 of the Municipal Corporations Act 1933.

    (2) The Tramway, Trolley Bus, and Omnibus Accounts heretofore kept by the Council are hereby combined, and shall hereafter be kept as one account to be known as the Transport Account.

4 Assets and liabilities of undertakings
  • All assets and liabilities of the tramways, trolley bus, and omnibus undertaking of the Council shall be assets and liabilities of the transport undertaking established by this Act.

5 Amalgamation of depreciation funds of undertakings
  • The separate depreciation funds established for each of the said undertakings are hereby amalgamated as one fund and declared to be the Depreciation Fund for the said transport undertaking; and all moneys forming part of or payable to the said separate funds at the commencement of this Act are hereby declared to be moneys belonging to the Depreciation Fund of the said transport undertaking, and shall accordingly be transferred or paid, as the case may require, to that Fund.

6 Authorizing Council to manufacture concrete poles for sale to local authorities and Government Departments
  • (1) It shall be lawful and be deemed to have always been lawful for the Council to manufacture concrete poles and to sell them to any local authority or Government Department.

    (2) This section shall come into force on the passing of this Act.