Hawke's Bay Earthquake Act 1931

Public Act	1931 No 6
Date of assent	28 April 1931

Title

1 Short Title

2 Earthquake defined

Part 1
Declaration and adjustment of rights and liabilities

The Hawke's Bay Adjustment Court.

3 Interpretation

4 Adjustment Court established

5 Constitution of Court

6 Reserve nominated members

7 Oath of office and secrecy

8 Constitution of Court not to be questioned

9 Registrar, Deputy Registrars, and other officers of Court

10 Seal of the Court

11 Records of the Court

Jurisdiction and procedure of the Court

12 Declaratory orders as to rights or liabilities

13 Nature of declaratory orders

14 Rehearings of applications for declaratory orders

15 Applications to Court for relief from obligations or encumbrances

16 Orders for relief

17 Certain powers of execution, etc, not to be exercised while proceedings pending in Court, except with leave of Court

18 Notice to be given before such powers are exercised or continued with respect to property or persons in the earthquake area [Repealed]

19 Power to reopen transactions in certain cases where such powers have been exercised since the earthquake [Repealed]

20 Special equitable jurisdiction of Court

21 Quorum. Decision to be of majority of Court. President to deliver decision

22 Rules and procedure of Court

23 Evidence Act, with certain modifications, to apply

24 Proceedings may be heard in camera

25 No fees payable

Miscellaneous

26 Power to stay proceedings in other Courts pending proceedings in High Court

27 Proceedings may in certain cases be referred by Court to District Court Judge or other person

28 Enforcement of orders

29 Registration of orders affecting interests in land

30 Orders exempt from stamp duty

31 Orders to bind all persons having interest in land affected. Effect of declaratory orders

32 Proceedings not to be impeached for want of form, or appealed against

33 Contempt of Court

34 This Part of Act to apply to Crown

35 Expenses of administration of this Part of Act to be appropriated by Parliament

36 Regulations

37 Power to establish additional Courts

Part 2
Rehabilitation

Financial provisions

38 Authority to make payments from Crown Bank Account

39 Realization of Crown Bank Account securities

40 Authority to advance payments out of public moneys and charge to Crown Bank Account

Financial assistance to earthquake sufferers

41 Discretion of Minister of Finance to grant financial assistance

42 Hawke's Bay Rehabilitation Committee constituted

43 Applications to Committee by persons desiring assistance

44 Committee to make recommendations to Minister

45 Provision for relief of hardship arising from earthquake in respect of land-tax or income-tax

46 Crown to have preferential claim for repayment in event of bankruptcy or winding-up within five years

47 Moneys paid in respect of land to be a first charge thereon in certain cases

48 Securities to be taken in name of His Majesty. Releases to be executed by Secretary to the Treasury. Exemption from stamp duty and registration fees

49 Application of repayments and interest. Power of Minister of Finance to waive conditions, securities, and charges, and to remit or postpone repayments

Financial assistance to local authorities

50 Local authority defined

51 Local authorities may, without taking poll of ratepayers, borrow moneys for purpose of repairing earthquake damage

52 Loans may be granted by State Advances Office

53 Terms of State Advances loans

54 Application of instalments under State Advances loans

Regulations

55 Regulations

Part 3
Miscellaneous

56 Authority for Secretary to the Treasury to allow usual rebate of interest where prompt payment of instalments has been prevented by earthquake

57 Validation of ex gratia payments to State Fire policy-holders in connection with earthquake fire damage

58 Authorizing expenditure out of Crown Bank Account for public works and services in connection with the earthquake. Commencement

59 Validation of payments by local authorities and certain other bodies to earthquake relief funds

60 Authority for transfer of moneys from West Coast Earthquake Relief Fund to Hawke's Bay Earthquake Relief Fund

61 Extension of power of local authorities to borrow by way of overdraft

62 Postponement of elections of Mayor and Councillors for Boroughs of Napier and Hastings

63 Authorizing Napier Borough Council to grant a mortgage of certain land with a power of sale [Repealed]

64 Appointment of special committee by Napier Borough Council

65 Audit of earthquake relief funds by Audit Office [Repealed]

66 Power to make regulations rendered necessary by the earthquake

An Act to make Provision for various Matters arising out of the Hawke's Bay Earthquake.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—

New Zealand Legislation: Acts

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Hawke's Bay Earthquake Act 1931 No 6 (as at 03 September 2007), Public Act

Hawke's Bay Earthquake Act 1931

Contents

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