Mangere Lawn Cemetery Trustees Empowering Act 1981

Reprint
as at 15 October 1981

Coat of Arms of New Zealand

Mangere Lawn Cemetery Trustees Empowering Act 1981

Private Act1981 No 3
Date of assent14 October 1981
Commencement14 October 1981

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 empower the Trustees of the Mangere Lawn Cemetery to acquire land to extend the boundaries of the Mangere Lawn Cemetery and for related purposes

  • Preamble

    Whereas there is situated within the City of Manukau Crown land described as cemetery reserve and known as the Mangere Lawn Cemetery, being the land described in the Schedule (hereinafter referred to as the Cemetery): And whereas the Cemetery is and has been maintained and controlled by Trustees (hereinafter called the Trustees) pursuant to Part 3 of the Burial and Cremation Act 1964: And whereas there are now few plots within the Cemetery that are available for burial so that unless it is extended, the Cemetery will have to be closed within the foreseeable future: And whereas the Trustees desire to extend the boundaries of the Cemetery so as to permit the continuing provision of burial plots avoiding the need to establish a new cemetery further from the centre of the population of Auckland: And whereas the Trustees are empowered under Part 3 of the Burial and Cremation Act 1964 neither to acquire land for the purpose of extending the boundaries of the Cemetery nor to use trust property for the acquisition of such land: And whereas the boundaries of the Cemetery may be extended only by the setting apart, dedication, reservation, or acquisition of land for the purposes of a cemetery under the provisions of any Act other than the Burial and Cremation Act 1964.

1 Short Title
  • This Act may be cited as the Mangere Lawn Cemetery Trustees Empowering Act 1981.

2 Power to acquire land
  • (1) Subject to the Burial and Cremation Act 1964 and the Town and Country Planning Act 1977, the Trustees of the Mangere Lawn Cemetery are hereby authorised and empowered from time to time, out of any money held by them by exchange, purchase, gift, lease, or otherwise howsoever to acquire for the purposes of a cemetery, and to establish a cemetery on, any land that in the opinion of the Trustees is—

    • (a) conveniently close to the Cemetery; and

    • (b) suitable to be used as part of, or in conjunction with, the Cemetery.

    (2) If the boundaries of the Cemetery are extended by the acquisition of land pursuant to this section, the Trustees of the Cemetery immediately before such extension shall be Trustees of the Cemetery as so extended without any further appointment.

3 Trustees may borrow and mortgage
  • The Trustees may from time to time to enable the exercise of any of their powers, borrow such sum or sums of money, and upon and subject to such terms, and conditions, as they think fit and may for that purpose mortgage or charge any land or property for the time being vested in them.

4 Private Act
  • This Act is a private Act.


Schedule
North Auckland Land District—Manukau City

6.4041 hectares, more or less, being Allotment 45, Suburbs of Mangere, situated in Block V, Otahuhu Survey District. Part Gazette, 1890, Volume 2, page 897. Survey Office Plan 5735.


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 Mangere Lawn Cemetery Trustees Empowering Act 1981. The reprint incorporates all the amendments to the Act as at 15 October 1981, 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)