Taranaki Harbours Board Empowering Act 1960

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Reprint as at 1 September 1965

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Taranaki Harbours Board Empowering Act 1960

Local Act
 
1960 No 7
Date of assent
 
30 September 1960
Commencement
 
30 September 1960

Act name: amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

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 authorise the Taranaki Harbours Board to raise a loan

Title: amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

 
1 Short Title

This Act may be cited as the Taranaki Harbours Board Empowering Act 1960.

Section 1: amended, on 1 September 1965, pursuant to section 15(2) of the 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

harbours district means the area described in Schedule 1 of the Taranaki Harbours Act 1965

Rating Area No 1 means the area described in Schedule 1 of the Taranaki Harbours Board Empowering Act 1955

Rating Area No 2 means the area described in Schedule 2 of the Taranaki Harbours Board Empowering Act 1955

Rating Area No 3 means the area described in Schedule 3 of the Taranaki Harbours Board Empowering Act 1955.

Section 3 Board: amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

Section 3 harbours district: amended, on 1 September 1965, pursuant to section 6 of the Taranaki Harbours Act 1965 (1965 No 4).

Section 3 harbours district: amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

Section 3 Rating Area No 1: amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

Section 3 Rating Area No 2: amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

Section 3 Rating Area No 3: amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

4 Power to borrow

(1)

It shall be lawful for the Board from time to time, as it may require, to borrow, in addition to the sums authorised by any previous Acts, but 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 18,000 pounds.

(2)

The money so borrowed shall be applied by the Board in carrying out, subject to the Harbours Act 1950, the following works, namely, the erection of an office building for the use of the Board, and the provision therefor of the necessary fittings, fixtures, furniture, furnishings, and equipment.

5 Security for loan

(1)

In addition to the charge on the Harbour Fund created by the Harbours Act 1950, the Board may make and levy, as further security for the money authorised to be borrowed under this Act, a special rate on all rateable property in the harbours district.

(2)

Such special rate shall not exceed one twenty-fourth of a penny in the pound on the capital value of all rateable property in Rating Area No 1, and shall not exceed one thirty-sixth of a penny in the pound on the capital value of all rateable property in Rating Area No 2, and shall not exceed one seventy-second of a penny in the pound on the capital value of all rateable property in Rating Area No 3; and all rates levied by the Board hereunder shall be levied in the like proportions.

Section 5(1): amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

6 Ratepayers roll

(1)

For the purposes of any poll to be taken under the Local Authorities Loans Act 1956, the rolls of ratepayers of the boroughs, town districts (not being parts of any county), counties, and any part of a county comprised in the harbours district shall be deemed to be the roll of ratepayers of the harbours district.

(2)

It shall be the duty of the Clerk of the local authority of each such district comprised wholly or in part within the harbours district, whenever requested so to do by the Board, to supply to the Board a certified roll of the ratepayers of such district or of the part thereof within the harbours district, together with as many copies as the Board may require.

(3)

The cost of preparing any roll of ratepayers for the purposes of this section and of supplying copies thereof shall be paid by the Board.

Section 6(1): amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

Section 6(2): amended, on 1 September 1965, pursuant to section 15(2) of the Taranaki Harbours Act 1965 (1965 No 4).

7 Estimate of revenue and expenditure

(1)

The Board shall in each year after the loan is raised until it is repaid 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 money 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 in each year, in accordance with the Harbours Act 1950, levy or direct the levy of such part of the said special rate as is sufficient to provide for the deficiency:

provided that if the deficiency exceeds the amount of the annual charges for that year in respect of the money borrowed under this Act, the Board may levy or direct the levy of such part only of the special rate as is sufficient to provide for those annual charges.

(4)

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

8 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 any other Act.

Contents
  • 1

    General

  • 2

    Status of reprints

  • 3

    How reprints are prepared

  • 4

    Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5

    List of amendments incorporated in this reprint (most recent first)

Notes
1 General

This is a reprint of the Taranaki Harbours Board Empowering Act 1960. The reprint incorporates all the amendments to the Act as at 1 September 1965, 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)

Taranaki Harbours Act 1965 (1965 No 4): sections 6, 15(2)