New Zealand Legislation: Acts
Acts are laws made by Parliament
Add to web feed | Local Act | 1971 No 2 |
| Date of assent | 19 August 1971 |
An Act to authorise the Hawke's Bay Hospital Board to dispose of certain land vested in the Board for particular purposes
WHEREAS the land described in Schedule 1 hereto was by Proclamation published in Gazette, 1953, Vol III, at page 1538, taken under the Public Works Act 1928 and vested in the Hawke's Bay Hospital Board for an institution for the reception or relief of aged persons: And whereas the said land is not now required by the Hospital Board for the said purpose and it is expedient that provision be made for the disposal of the said land:
The Preamble was amended, as from 6 October 1986, by section 2 Hawke's Bay Hospital Board Empowering Amendment Act 1986 (1986 No 7(L)) by inserting the word “First”
.
BE IT THEREFORE ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
This Act may be cited as the Hawke's Bay Hospital Board Empowering Act 1971.
In this Act, unless the context otherwise requires,—
Hospital Board means the Hawke's Bay Hospital Board, a Board constituted under the Hospitals Act 1957 and having its office at Napier
Trust Board means the Napier Community Trust Hospital, a Board incorporated as a trust board under Part 2 of the Charitable Trusts Act 1957 and having its registered office at Napier.
(1) Notwithstanding the provisions of any other Act or any rule of law, it shall be lawful for the Hospital Board to set apart and make available the land described in Schedule 1 hereto or any part thereof as a site for the erection and establishment by the Trust Board of a private hospital, as defined by the Hospitals Act 1957, to be conducted by the Trust Board, subject to the provisions of the said Act, and to lease the said land to the Trust Board for the said purpose at a peppercorn rental (but subject to the payment by the Trust Board of all rates, taxes, and other outgoings (if any) levied in respect of the said land) in perpetuity, or for such term as the Hospital Board thinks fit, and upon such conditions as the Hospital Board thinks fit. If any such lease is for a term it may contain a perpetual right of renewal.
(2) Notwithstanding anything in subsection (1) of this section, any such lease may confer on the Trust Board the right, with the consent of the Hospital Board, to sublet any part of the land comprised in the lease for a peppercorn rental to any charitable organisation, approved by the Hospital Board, for purposes similar to those for which the Trust Board is leasing the land, or for the purpose of providing a home for aged, infirm, or needy persons.
(3) If at any time during the currency of any such lease—
(a) The land comprised in the lease ceases to be used by the Trust Board for a private hospital or the Trust Board uses the land or any part of the land in contravention of the conditions of the lease; or
(b) The Trust Board requests the Hospital Board to accept a surrender of the lease as to all or any part of the land comprised in the lease; or
(c) The Trust Board is required, pursuant to any condition contained in the lease, to surrender the lease as to any part of the land comprised therein—
the Hospital Board may re-enter and take possession of the land and thereby determine the lease, or accept a surrender or partial surrender of the lease, as the case may be.
(4) If at any time during the currency of any such sublease, the land comprised in the sublease ceases to be used by the charitable organisation for the purpose set out in subsection (2) of this section, the Hospital Board may re-enter and take possession of the land, and thereupon both the lease and the sublease shall be deemed to have been determined in respect of the land.
(5) The District Land Registrar for the Land Registration District of Hawke's Bay is hereby authorised and directed to accept for registration such documents by way of lease or sublease or otherwise as may be necessary to give effect to this section.
Subsection (1) was amended, as from 6 October 1986, by section 3 Hawke's Bay Hospital Board Empowering Amendment Act 1986 (1986 No 7(L)) by inserting the word “First”
.
(1) Notwithstanding the provisions of section 3 of this Act or of any other Act or any rule of law, the Hospital Board may sell to the Trust Board the fee simple of the land described in Schedule 2 to this Act, without complying with section 40 of the Public Works Act 1981, at the current market value of the land at the time of sale as determined by a special valuation made by the Valuation Department.
(2) Any sale under subsection (1) of this section shall be on such terms and conditions as are determined by the Hospital Board, and the Hospital Board may sell the land—
(a) For cash; or
(b) By allowing such part of the purchase price as it thinks fit to remain owing to the Hospital Board and be secured by a registrable mortgage of the land sold; or
(c) By entering into an agreement for sale and purchase with the Trust Board which provides for the Trust Board to enter into possession and to pay the purchase price by instalments before the land is transferred to the Trust Board.
(3) The interest payable on any unpaid purchase money shall be at such rate as may be fixed by the Hospital Board at the time of sale and, if so provided for in any mortgage or agreement for sale and purchase, as may be fixed from time to time by the Hospital Board in accordance with any such provision.
Sections 4 and 5 were inserted, as from 6 October 1986, by section 4 Hawke's Bay Hospital Board Empowering Amendment Act 1986 (1986 No 7(L)).
Where the fee simple of the said land is sold under section 4 of this Act, the purchase money, and any interest on that money, shall be applied for such purposes as the Hospital Board thinks fit.
Sections 4 and 5 were inserted, as from 6 October 1986, by section 4 Hawke's Bay Hospital Board Empowering Amendment Act 1986 (1986 No 7(L)).
The heading “SCHEDULES”
was substituted for the heading “SCHEDULE”
, and the heading “SCHEDULE 1”
was inserted, as from 6 October 1986, by section 5 Hawke's Bay Hospital Board Empowering Amendment Act 1986 (1986 No 7(L)).
SIX acres 3 roods, more or less, situated in the City of Napier being Section 13, Ahuriri Lagoon and being all the land in certificate of title, Volume D3, folio 977 (Hawke's Bay Registry).
Schedule 2 | Section 4 |
This Schedule was inserted, as from 6 October 1986, by section 6 Hawke's Bay Hospital Board Empowering Amendment Act 1986 (1986 No 7(L)).
All that piece of land containing 1.5649 hectares, more or less, situated in the City of Napier, being Lot 1, Deposited Plan 13525, and being also all of the land comprised and described in certificate of title, Volume H4, folio 181 (Hawke's Bay Registry).
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