Gisborne Harbour Board Loan And Empowering Act 1970 No 12 (as at 03 September 2007), Local Act

Gisborne Harbour Board Loan And Empowering Act 1970

Local Act1970 No 12
Date of assent17 October 1970

An Act to authorise the Gisborne Harbour Board to make and levy a special rate as security for a loan and to confer certain powers on that Board

BE IT 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 Gisborne Harbour Board Loan and Empowering Act 1970.

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

    Board means the Gisborne Harbour Board

    Harbour district means the Gisborne Harbour District as defined by the Gisborne Harbour Board Empowering Act 1952.

3 Special Act
  • This Act shall be deemed to be a special Act within the meaning of the Harbours Act 1950 and the Local Authorities Loans Act 1956.

4 Authority to make and levy a special rate
  • (1) If the Board is authorised under the Local Authorities Loans Act 1956 to borrow a sum not exceeding $200,000 for the purposes specified in the Schedule to this Act and if the loan raised for those purposes is designated by the Local Authorities Loans Board as the loan to which this section applies, the Board may make and levy for securing repayment of the money to be borrowed and interest thereon a special rate not exceeding one-fiftieth of a cent in the dollar on the capital value of all rateable property in the harbour district.

    (2) Nothing in this section or in any debentures or stock issued in respect of any such loan shall affect or prejudice the rights of the holders of any debentures or stock executed or issued by the Board before that loan is raised.

5 Returning Officer
  • Where, pursuant to the proviso to subsection (1) of section 34 of the Local Authorities Loans Act 1956, the prior consent of the ratepayers of the harbour district is required to the raising of the loan referred to in section 4 of this Act, the Board shall appoint some person to be the Returning Officer for the purposes of the poll required to be taken on the proposal to raise the loan and the provisions of the Local Elections and Polls Act 1966 (including the provisions of subsections (2) to (5) of section 9 of that Act) shall apply accordingly with such modifications as are necessary.

6 Ratepayers roll
  • The roll of ratepayers of the harbour district shall be the roll for the purposes of any such poll.

7 Power to sell, lease, or license
  • (1) The Board, with the consent of the Minister of Marine and subject to such terms and conditions as he thinks fit, may sell, or grant by lease or licence the use or occupation of, any warehouses, buildings, stores, wharves, silos, yards, cranes, machines, plant, conveyors, equipment, and facilities erected, purchased, constructed, or provided by the Board as part of the works referred to in the Schedule to this Act and any land used in connection with any of those things to any person on such terms and conditions as may be agreed on.

    (2) Nothing in paragraph (f) of section 173 of the Harbours Act 1950 or in sections 8 and 18 of the Public Bodies Leases Act 1969 shall apply in respect of any lease or licence granted pursuant to subsection (1) of this section.

8 Gas storage and handling facilities
  • In its application to the Board paragraph (i) of section 173 of the Harbours Act 1950 shall be read as if there were inserted—

    • (a) After the word oil where it first appears, the words or gas; and

    • (b) After the word including, the words liquefied gas and.

9 New Zealand Ports Authority Act not affected
  • Nothing in this Act shall limit the provisions of the New Zealand Ports Authority Act 1968.


Schedule
Proposed works

1
  • The erection or purchase of buildings, stores, and silos, and the provision of ancillary plant and equipment (including conveyors), for the bulk handling of farm products.

2
  • The construction of wharves in the Turanganui River portion of Gisborne Harbour for use by fishing vessels, the construction of a gate in the existing harbour wall to provide access to those wharves, and the provision of ancillary facilities and equipment for those wharves and that gate.