Lower Hutt City (Free Ambulance Site) Act 1977

Reprint
as at 22 June 1977

Coat of Arms of New Zealand

Lower Hutt City (Free Ambulance Site) Act 1977

Local Act1977 No 4
Date of assent21 June 1977
Commencement21 June 1977

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 validate a deed relating to a free ambulance station at Lower Hutt, to authorise the transfer of a portion of the land on which the said free ambulance station is presently situated to the Red Cross Society, to enable the erection of new premises thereon, to authorise the transfer of another portion of the said land to the Lower Hutt City Corporation for the purpose of street, and to repeal the Free Ambulance (Lower Hutt Site) Act 1954

  • Preamble

    Whereas the New Zealand Free Ambulance Transport Service (Wellington District) (Incorporated), a society duly incorporated under the Incorporated Societies Act 1908 (hereinafter called the Ambulance Society) is established for rendering first aid to, and for the transport of, sick and injured persons and for establishing an organisation with certain powers and duties necessary therefor and incidental thereto: And whereas the Ambulance Society operates in the City of Wellington and in districts adjacent thereto or nearby including the cities of Lower Hutt and Upper Hutt and the boroughs of Petone and Eastbourne, and the county of Hutt: And whereas by the Free Ambulance (Lower Hutt Site) Act 1944 the transfer to the Ambulance Society of a certain piece of land situated in Laings Road in the City of Lower Hutt together with the buildings erected thereon was validated: And whereas by the Free Ambulance (Lower Hutt Site) Act 1954 the Act of 1944 was repealed to enable such local authorities to arrange the erection of a free ambulance station elsewhere in Lower Hutt: And whereas the land described in the First and Second Schedules to the deed set out in the Schedule hereto (hereinafter called the said land) is in excess of the envisaged requirements of the Ambulance Society: And whereas the New Zealand Red Cross Society (Incorporated) (hereinafter called the Red Cross Society) had applied to the Ambulance Society for a transfer of such surplus land being that land described in the said First Schedule as a replacement site for its operations: And whereas the Ambulance Society and those local authorities affected have agreed to transfer to the Red Cross Society the said land without consideration: And whereas the Lower Hutt City Council has applied to the Ambulance Society to have transferred to it for the purposes of street a portion of the Ambulance Society's land also surplus to its envisaged requirements: And whereas the deed set out in the Schedule has accordingly been executed by the parties thereto: And whereas it is expedient to validate the said deed.

1 Short Title
  • This Act may be cited as the Lower Hutt City (Free Ambulance Site) Act 1977.

2 Validation of deed
  • The deed set out in the Schedule is hereby validated and declared to have been executed lawfully by the parties thereto.

3 Certain land not rateable property
  • So long as—

    • (a) the land described in the Second and Third Schedules to the said deed and any buildings thereon are used for the purposes of the Ambulance Society; and

    • (b) the land described in the First Schedule to the said deed and any buildings thereon are used by the Red Cross Society for the purposes of its constitution and no other purpose—

    the said land and buildings shall be deemed not to be rateable property for the purposes of the Rating Act 1967, and in respect thereof the Ambulance Society and the Red Cross Society, respectively, shall be exempt from the liability to pay rates.

4 Consequential repeal
  • The Free Ambulance (Lower Hutt Site) Act 1954 is hereby consequentially repealed.


Schedule

THIS DEED made the 30th day of June One thousand nine hundred and seventy six (1976) BETWEEN THE WELLINGTON FREE AMBULANCE SERVICE INCORPORATED a Society duty incorporated under the Incorporated Societies Act 1908 and having its registered office at Wellington (hereinafter called the Free Ambulance) of the first part, THE MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF LOWER HUTT a body corporate under the provisions of the Municipal Corporations Act 1954 (hereinafter called the Council) of the second part and THE MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF LOWER HUTT, THE MAYOR COUNCILLORS AND BURGESSES OF THE BOROUGH OF PETONE, THE MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF UPPER HUTT and THE MAYOR COUNCILLORS AND BURGESSES OF THE BOROUGH OF EASTBOURNE all of which are bodies corporate under the provisions of the Municipal Corporations Act 1954 and THE CHAIRMAN COUNCILLORS AND INHABITANTS OF THE COUNTY OF HUTT a body corporate under the provisions of the Counties Act 1956 (all of which five corporate bodies are also hereinafter referred to as the Contributing Authorities) of the third part and THE NEW ZEALAND RED CROSS SOCIETY (INCORPORATED) a Society duly incorporated under the Incorporated Societies Act 1908 (hereinafter called the Red Cross) of the fourth part:

WHEREAS by a certain Deed bearing date the 5th day of July 1954 made between the first, second and third parties hereto it was agreed that the Council transfer to the Free Ambulance under its former name of New Zealand Free Ambulance Transport Service (Wellington District) Incorporated the pieces of land described in the First, Second and Third Schedules hereto as a replacement site for purposes of establishment and maintenance of a Free Ambulance Service for the benefit of the Hutt Valley and Eastbourne and surrounding districts and the erection on such site of a Free Ambulance Main Building the cost of same to be borne by the Contributing Authorities in certain proportions AND WHEREAS such Deed was duly validated by the Free Ambulance (Lower Hutt Site) Act 1954 AND WHEREAS the said piece of land described in the First and Second Schedules hereto are in excess of the envisaged requirements of the Free Ambulance AND WHEREAS the Red Cross has applied to the Free Ambulance for a transfer of a portion of such surplus land being the piece of land more particularly described in the First Schedule hereto from the Free Ambulance to the Red Cross as a replacement site for premises previously owned in Market Grove, Lower Hutt AND WHEREAS the Free Ambulance has with the consent of the Contributing Authorities agreed to transfer to the Red Cross the said piece of land described in the First Schedule hereto without consideration for the purpose of erecting at the expense of the Red Cross a building for the purposes of its constitution, subject to the provisions hereinafter set out AND WHEREAS the Red Cross has agreed that the said piece of land described in the First Schedule hereto to be transferred to it shall be held for the purposes of its constitution and for no other purpose AND WHEREAS the Council has applied to the Free Ambulance for a transfer of the other portion of such surplus land being the piece of land more particularly described in the Second Schedule hereto from the Free Ambulance to the Council for street AND WHEREAS the Free Ambulance has with the consent of the Contributing Authorities agreed to transfer to the Council the said piece of land described in the Second Schedule hereto without consideration for street, subject to the provisions hereinafter set out AND WHEREAS by reason of such transfers of the said pieces of land the Council has agreed with the Free Ambulance to provide suitable alternative vehicular access to its buildings on its remaining lands described in the Third Schedule hereto from its Woburn Road frontage AND WHEREAS the parties hereto have agreed to apply to Parliament for legislative validation of the terms of this Deed NOW THIS DEED WITNESSETH as follows:

  • 1. IN consideration of these premises the Free Ambulance shall transfer to the Red Cross all that piece of land more particularly described in the First Schedule hereto for an estate in fee simple to be held by the Red Cross for the purposes of its constitution subject to easements (if required by the Council or the Free Ambulance) for water and sewage and stormwater from Ward Street, Lower Hutt.

  • 2. THE Red Cross shall not permit or suffer the said piece of land described in the First Schedule hereto so agreed to be transferred as aforesaid to be used at any time for purposes other than hereinbefore set out.

  • 3. IN consideration of these premises the Free Ambulance shall transfer to the Council all that piece of land more particularly described in the Second Schedule hereto for street.

  • 4. IMMEDIATELY upon the execution of these presents and their statutory validation the Red Cross shall with all due diligence proceed to erect and duly complete a building for the purposes of its constitution in accordance with plans submitted by the Red Cross both as to construction and design and approved by both the Council and the Free Ambulance.

  • 5. PRIOR to the commencement of the construction of the said building the Red Cross shall erect at its expense a fence in accordance with a construction approved by the Free Ambulance along the boundaries of the land so agreed to be transferred which adjoins the remaining land of the Free Ambulance described in the Third Schedule hereto.

  • 6. THE Red Cross shall cause all construction works on the land so agreed to be transferred in such a manner as to ensure that the operations of the Free Ambulance Service are not restricted or interfered with in any way and to obtain such undertakings as may be deemed necessary from all building contractors engaged for the purpose of such construction.

  • 7. AS a consequence of such transfer of the said piece of land from the Free Ambulance to the Red Cross the Council hereby agrees to provide the Free Ambulance with suitable alternative vehicular access to its building from its Ward Street frontage such access and any modification thereof which might be envisaged at any time to be approved by the Free Ambulance.

  • 8. THE Red Cross shall meet all the costs and expenses of the Free Ambulance relating to all matters contained herein including the transfer of the said land described in the First Schedule hereto and the legislative validation hereof (with the exception of the costs of and incidental to the transfer of the land described in the Second Schedule hereto to the Council which shall be borne by the Council).

  • 9. THE parties hereto shall forthwith apply to Parliament for legislation:

    • (a) For the validation of the terms of this Deed; and

    • (b) For the consequential amendments to the Free Ambulance (Lower Hutt Site) Act 1954.

First Schedule

ALL that piece of land situate in the City of Lower Hutt containing twenty-one perches (21.0p) be the same a little more or less, part of Sections 21 and 25 of the Hutt District being also Lot 14 on Deposited Plan No. 9398 and being part of the land contained in certificate of title, Volume 654, folio 15 (Wellington Registry).

Second Schedule

ALL that parcel of land situate in the City of Lower Hutt containing One hundred and seventy-seven square metres (177m2) be the same a little more or less, being part Sections 21 and 25 of the Hutt District being also part Lots 1, 2, and 3 on Deposited Plan No. 9398 being Lot 1 on a plan of subdivision prepared by Messrs Cuttriss, McKenzie, and Martin and being another part of the land contained in certificate of title, Volume 654, folio 15 (Wellington Registry).

Third Schedule

ALL that parcel of land situate in the City of Lower Hutt containing One rood eighteen decimal three nine perches (1r 18.39p) be the same a little more or less, being part Sections 21 and 25 of the Hutt District being also Lots 4, 5, and 6 and part Lots 1, 2, and 3 on Deposited Plan No. 9398 and being the remaining part of the land contained in certificate of title, Volume 654, folio 15 (Wellington Registry).

In witness whereof these presents have been executed the day and year first hereinbefore written.

THE COMMON SEAL of THE WELLINGTON FREE AMBULANCE SERVICE INCORPORATED was hereunto affixed in the presence of:

 

[Seal]

C C Middlebrook, President

M J Brown, Board member

G W Stanley, Supt Sec

THE COMMON SEAL of the MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF LOWER HUTT was hereunto affixed pursuant to a resolution of the Council in the presence of:

 

[Seal]

J Kennedy-Good, Mayor

E C Perry, Town Clerk

THE COMMON SEAL of the MAYOR COUNCILLORS AND BURGESSES OF THE BOROUGH OF PETONE was hereunto affixed pursuant to a resolution of the Council in the presence of:

 

[Seal]

H Lang, Town Clerk

THE COMMON SEAL of the MAYOR COUNCILLORS AND CITIZENS OF THE CITY OF UPPER HUTT was hereunto affixed pursuant to a resolution of the Council in the presence of:

 

[Seal]

D T Nicholson, Mayor

E K Putter, Deputy Town Clerk

THE COMMON SEAL of the MAYOR COUNCILLORS AND BURGESSES OF THE BOROUGH OF EASTBOURNE was hereunto affixed pursuant to a resolution of the Council in the presence of:

 

[Seal]

C L Bishop, Mayor

M A Ballinger, Town Clerk

THE COMMON SEAL of the CHAIRMAN COUNCILLORS AND INHABITANTS OF THE COUNTY OF HUTT was hereunto affixed pursuant to a resolution of the Council in the presence of:

 

[Seal]

L G Williams, County Chairman

B J Pohlen, County Clerk

THE COMMON SEAL of the NEW ZEALAND RED CROSS SOCIETY (INCORPORATED) was hereunto affixed in the presence of:

 

[Seal]

G H Yates, National Chairman

G H Bridge, Hon National Treasurer


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 Lower Hutt City (Free Ambulance Site) Act 1977. The reprint incorporates all the amendments to the Act as at 22 June 1977, 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)