Hawke's Bay Earthquake Act 1931

  • repealed
  • Hawke’s Bay Earthquake Act 1931: repealed, on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).

Reprint as at 3 June 2017

Coat of Arms of New Zealand

Hawke’s Bay Earthquake Act 1931

Public Act
 
1931 No 6
Date of assent
 
28 April 1931
Commencement
 
28 April 1931

Hawke’s Bay Earthquake Act 1931: repealed, on 3 June 2017, by section 3(1) of the Statutes Repeal Act 2017 (2017 No 23).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Treasury.

Contents

Title
1Short Title
2Earthquake defined
3Interpretation
4Adjustment Court established
5Constitution of court
6Reserve nominated members
7Oath of office and secrecy
8Constitution of court not to be questioned
9Registrar, Deputy Registrars, and other officers of court
10Seal of the court
11Records of the court
12Declaratory orders as to rights or liabilities
13Nature of declaratory orders
14Rehearings of applications for declaratory orders
15Applications to court for relief from obligations or encumbrances
16Orders for relief
17Certain powers of execution, etc, not to be exercised while proceedings pending in court, except with leave of court
18Notice to be given before such powers are exercised or continued with respect to property or persons in the earthquake area [Repealed]
19Power to reopen transactions in certain cases where such powers have been exercised since the earthquake [Repealed]
20Special equitable jurisdiction of court
21Quorum
22Rules and procedure of court
23Evidence Act, with certain modifications, to apply
24Proceedings may be heard in camera
25No fees payable
26Power to stay proceedings in other courts pending proceedings in Adjustment Court
27Proceedings may in certain cases be referred by court to Magistrate or other person
28Enforcement of orders
29Registration of orders affecting interests in land
30Orders exempt from stamp duty
31Orders to bind all persons having interest in land affected
32Proceedings not to be impeached for want of form, or appealed against
33Contempt of court
34This Part to apply to Crown
35Expenses of administration of this Part to be appropriated by Parliament
36Regulations
37Power to establish additional courts
38Authority to make payments from Reserve Fund Account
39Realisation of Reserve Fund securities
40Authority to advance payments out of public moneys and charge to Reserve Fund Account
41Discretion of Minister of Finance to grant financial assistance
42Hawke’s Bay Rehabilitation Committee constituted
43Applications to committee by persons desiring assistance
44Committee to make recommendations to Minister
45Provision for relief of hardship arising from earthquake in respect of land tax or income tax
46Crown to have preferential claim for repayment in event of bankruptcy or winding up within 5 years
47Moneys paid in respect of land to be a first charge thereon in certain cases
48Securities to be taken in name of His Majesty
49Application of repayments and interest
50Local authority defined
51Local authorities may, without taking poll of ratepayers, borrow moneys for purpose of repairing earthquake damage
52Loans may be granted by State Advances Office
53Terms of State Advances loans
54Application of instalments under State Advances loans
55Regulations
56Authority for State Advances Superintendent to allow usual rebate of interest where prompt payment of instalments has been prevented by earthquake
57Validation of ex gratia payments to State Fire policy holders in connection with earthquake fire damage
58Authorising expenditure out of Consolidated Fund for public works and services in connection with the earthquake
59Validation of payments by local authorities and certain other bodies to earthquake relief funds
60Authority for transfer of moneys from West Coast Earthquake Relief Fund to Hawke’s Bay Earthquake Relief Fund
61Extension of power of local authorities to borrow by way of overdraft
62Postponement of elections of mayor and councillors for boroughs of Napier and Hastings
63Authorising Napier Borough Council to grant a mortgage of certain land with a power of sale [Repealed]
64Appointment of special committee by Napier Borough Council
65Audit of earthquake relief funds by Audit Office [Repealed]
66Power to make regulations rendered necessary by the earthquake
Reprint notes

An Act to make provision for various matters arising out of the Hawke’s Bay earthquake