Hutt Valley and Bays Metropolitan Milk Board Validation Act 1952

Hutt Valley and Bays Metropolitan Milk Board Validation Act 1952

Local Act1952 No 13
Date of assent26 September 1952

An Act to validate certain actions of the Hutt Valley and Bays Metropolitan Milk Board.

  • Preamble

    WHEREAS the Hutt Valley and Bays Metropolitan Milk Board, a Board duly constituted under the Milk Act 1944 (hereinafter referred to as the Board), is empowered by section sixty-one of the said Act, by special order made pursuant to section forty-two of the said Act, to fix a day after which it shall be unlawful for any person to do any of the things specified in the said section sixty-one except under a licence issued by the Board: And whereas on the eighteenth day of February, nineteen hundred and forty-six, the Board duly passed at a special meeting of the Board a resolution fixing the first day of April, nineteen hundred and forty-six, as the appointed day within the meaning of the said section sixty-one, but confirmation of the said resolution was not effected within the period and in the manner prescribed by the said section forty-two: And whereas by the Hutt Valley and Bays Milk Delivery Notice 1946, published in the Gazette of the twenty-first day of February, nineteen hundred and forty-six, at page 247, certain zones within the district of the Board were created by clause eleven of the said notice: And whereas the Board varied, amended, and altered certain of the said zones before the revocation of the said notice published in the Gazette of the fourth day of August, nineteen hundred and forty-nine, at page 1652: And whereas doubts have arisen as to the power of the Board so to vary, amend, and alter the said zones before the revocation of the said notice: And whereas it is expedient to validate all actions of the Board in respect of the said notice and the said resolution:

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

  • This Act may be cited as the Hutt Valley and Bays Metropolitan Milk Board Validation Act 1952.

2 Interpretation

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

    Board means the Hutt Valley and Bays Metropolitan Milk Board duly constituted under the Milk Act 1944

    The Act means the Milk Act 1944

    The resolution means the resolution of the Board passed at a special meeting of the Board held on the eighteenth day of February, nineteen hundred and forty-six, in purported exercise of the powers conferred by section sixty-one of the Act

    The notice means the Hutt Valley and Bays Milk Delivery Notice 1946, published in the Gazette of the twenty-first day of February, nineteen hundred and forty-six, at page 247.

3 Validation of resolution

  • The resolution is hereby declared to have been validly passed and confirmed as a special order in conformity with section forty-two of the Act and in pursuance of section sixty-one of the Act, and shall have effect and be deemed to have had effect accordingly as from and inclusive of the first day of April, nineteen hundred and forty-six.

4 Validation of other acts

  • The appointed day fixed under section sixty-one of the Act shall, in respect of the Board, for all purposes be and be deemed to have been the first day of April, nineteen hundred and forty-six, and every act, resolution, order, licence, notice, by-law, and document done, passed, issued, given, made, or executed by the Board at any time for the purposes of the Act which would have been valid if the resolution had been duly confirmed as a special order under section forty-two of the Act is hereby declared to have been lawfully done, passed, issued, given, made, or executed, as the case may require, and shall have effect according to the tenor thereof.

5 Variations of zones validated

  • All variations, amendments, and alterations of the zones set out in clause eleven of the notice made and effected by the Board at any time are hereby declared to have been lawfully made and effected and shall have effect accordingly.

6 Saving

  • Notwithstanding anything in this Act, no person shall be liable to any prosecution by reason of any act or omission, before the passing of this Act, in contravention of the notice or the resolution, or of any licence, order, by-law, or other act of authority of the Board validated by this Act.