Gisborne Harbour Board Loan and Empowering Act 1970

Reprint
as at 18 October 1970

Coat of Arms of New Zealand

Gisborne Harbour Board Loan and Empowering Act 1970

Local Act1970 No 12
Date of assent17 October 1970
Commencement17 October 1970

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

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 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, 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 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).

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.


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 Gisborne Harbour Board Loan and Empowering Act 1970. The reprint incorporates all the amendments to the Act as at 18 October 1970, 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)