New Plymouth City Empowering Act 1952

Reprint
as at 30 August 1952

Coat of Arms of New Zealand

New Plymouth City Empowering Act 1952

Local Act1952 No 2
Date of assent29 August 1952
Commencementsee section 1(2)
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 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.

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 6, this Act shall come into force on 1 April 1953.

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 undertakings 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 Authorising 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.

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 New Plymouth City Empowering Act 1952. The reprint incorporates all the amendments to the Act as at 30 August 1952, 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)