New Plymouth Boys' High School Empowering Act 1986

Reprint
as at 24 August 1986

Coat of Arms of New Zealand

New Plymouth Boys' High School Empowering Act 1986

Private Act1986 No 2
Date of assent23 August 1986
Commencement23 August 1986

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 the sale of certain land formerly owned by the New Plymouth Boys' High School Board of Governors and the investment of the proceeds, to authorise the sale of certain other land owned by it, and to authorise certain applications of the proceeds of both sales

  • Whereas—

    • (a) in 1978 the New Plymouth Boys' High School Board of Governors (hereinafter referred to as the Board) sold by public tender the land described in Schedule 2 (hereinafter referred to as the Farmhouse land):

    • (b) in some respects the sale did not comply with the requirements of the Education Lands Act 1949 (hereinafter referred to as the Act):

    • (c) the Board invested on mortgage the proceeds of the sale of the Farmhouse land:

    • (d) the Board owns the land described in Schedule 1 (hereinafter referred to as the Niger land):

    • (e) the Niger land was formerly used for a school hostel for New Plymouth Boys' High School (hereinafter referred to as the School), is no longer used for that purpose, and is unsuitable for use as playing fields:

    • (f) the Board wishes to sell the Niger land without complying with the Act:

    • (g) the Farmhouse land was and the Niger land is a school site as defined in section 2:

    • (h) the Act requires school sites to be sold only by public auction, public tender, or public application and ballot, and requires the proceeds from the sale of school sites to be paid into the Public Account:

    • (i) the Board wishes, rather than pay them into the Public Account, to use—

      • (i) the proceeds of the sale of the Niger land for the general purposes of the School's hostel and towards replacing the School's swimming baths:

      • (ii) the proceeds of the sale of the Farmhouse land for the general purposes of the School's hostel:

    • (j) the Board wishes—

      • (i) to be authorised to use those proceeds accordingly:

      • (ii) that the sale of the Farmhouse property and investment of the proceeds on mortgage should be validated:

    • (k) the objects of this Act cannot be achieved otherwise than by legislation.s

1 Short Title
  • This Act may be cited as the New Plymouth Boys' High School Empowering Act 1986.

2 Validating sale of land and investment of proceeds, and authorising application of proceeds
  • (1) Notwithstanding that the Board did not—

    • (a) obtain the consent of the Minister of Education to the sale of the Farmhouse land; and

    • (b) give 21 days' notice of its intention to sell that land,—

    the actions of the Board in selling that land, and the sale of that land, are validated and deemed to have been lawful.

    (2) Notwithstanding anything in the Act,—

    • (a) the actions of the Board in investing on first mortgage the proceeds of the sale of the Farmhouse land, and the loan and mortgage concerned, are validated and deemed to have been and to continue to be lawful:

    • (b) the Board may apply those proceeds towards the general purposes of the School's hostel.

3 Authorising sale of land and application of proceeds
  • Notwithstanding anything in the Act, the Board may—

    • (a) sell or otherwise dispose of the Niger land, by private treaty or public tender or in any other manner it thinks fit, on and subject to any terms and conditions it thinks fit; and

    • (b) apply the proceeds—

      • (i) for the general purposes of the School's hostel; or

      • (ii) towards the replacement of the School's swimming baths; or

      • (iii) both.

4 Powers of District Land Registrar
  • The District Land Registrar for the Taranaki Land Registration District shall do everything, and make all entries in the Registers, necessary to give full effect to this Act.

5 Private Act
  • This Act is a private Act.


Schedule 1

  • 1 All that piece of land containing 875 square metres, more or less, situated in the City of New Plymouth, being part Lot 1, Deposited Plan 5570, and being part Sections 1675 and 1676, Town of New Plymouh, together with a grant of right to lay and maintain drainage and sewer pipes over other part Lot 1, said Deposited Plan 5570 (part certificate of title 88/93) with incidental rights created by Transfer No 81489, and being all the land comprised and described in certificate of title, Volume 162, folio 56 (Taranaki Registry), subject to Order in Council No 1266 and 147473 Notice of Stopped Street.

  • 2 All that piece of land containing 2 737 square metres, more or less, situated in the City of New Plymouth, being part Sections 1672, 1673, 1674, 1700, 1701, and 1702 and closed road, Town of New Plymouth, as is more particularly shown on Deposited Plan 4019, and being all the land comprised and described in certificate of title, Volume E2, folio 258 (Taranaki Registry).


Schedule 2

All that piece of land containing 1 035 square metres, more or less, situated in the City of New Plymouth, being Lot 1 on Deposited Plan 12398, being part Section 1630, Town of New Plymouth, and being also all the land comprised and described in certificate of title, Volume E2, folio 259 (Taranaki Registry).


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 New Plymouth Boys' High School Empowering Act 1986. The reprint incorporates all the amendments to the Act as at 24 August 1986, 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)