Local Legislation Act 1931

Reprint
as at 1 May 1988

Coat of Arms of New Zealand

Local Legislation Act 1931

Public Act1931 No 43
Date of assent11 November 1931
Commencement11 November 1931

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.

This Act is administered by the Department of Internal Affairs.


Contents

Title

1 Short Title

County Councils

2 Provision in respect of purchase of cattle dips by Bay of Islands County Council

3 Validating certain expenditure by the Dannevirke County Council

4 Taumarunui County Council may pay certain loans out of Otunui Riding Account

5 Making special provision with respect to repayment of certain loans by Manukau County Council

6 Authorising Waimairi County Council to make a grant to the Port and City League, Christchurch

7 Empowering the Kaitieke County Council to pay certain loans out of Manganui Riding Account

City and Borough Councils

8 Validating proceedings in connection with the Wellington City and Suburban Highways Loan, 1930, of £23,000 [Repealed]

9 Authorising Invercargill City Council to expend unexpended balances of certain loans

10 Authorising Invercargill City Council to withdraw £9,890 from Depreciation Fund to assist in repayment of certain loans

11 Authorising Te Awamutu Borough Council to utilise part of unexpended balance of loan of £40,000

12 Validating irregularities in connection with Tauranga Borough Council's loan of £4,470 for sewerage and drainage works

13 Authorising Tauranga Borough Council to recoup General Account from loan moneys

14 Authorising changing of purposes of portion of loan of £106,000 by Takapuna Borough Council

15 Authorising Hawera Borough Council to renew a certain lease

16 Authorising Raetihi Borough Council to expend unexpended balance of loan of £15,565

17 Validating expenditure out of Wharf Account of Opotiki Borough Council for unemployment relief purposes

18 Authorising Wellington City Council to accept a surrender of a lease and to grant a new lease

19 Authorising Hawera Borough Council to purchase certain land for cemetery purposes

20 Validating agreement as to Eastbourne Borough water supply, and authorising the raising of a loan

21 Authorising Foxton Borough Council to continue to levy for 4 years the Gasworks Loan special rate, and to repay overdraft

22 Authorising the Birkenhead Borough Council to pay annual levies made by the Birkenhead Fire Board out of moneys contributed and raised to aid in establishing a local fire brigade

23 Special provision respecting leases granted by Auckland City Council [Repealed]

24 Authorising Auckland City Council to raise a special loan of £9,000

Town Boards

25 Making provision for a financial adjustment consequent upon an alteration of the boundaries of Howick Town District

Harbour Boards

26 Validating payment by Napier Harbour Board of sum of £1,245 out of loan moneys

27 Validating the issue of certain debentures by the Napier Harbour Board

28 Authorising Patea Harbour Board to grant a lease to West Coast Refrigerating Company, Limited

29 Making provision with respect to remission or postponement of rents due in respect of certain land vested in Oamaru Harbour Board [Expired]

30 Extending purposes for which certain loan moneys may be used by Bluff Harbour Board [Repealed]

Electric Power Boards

31 Special provision with respect to payment out of South Taranaki Electric-power Board's Power Fund of cost of extending an electric line to the Borough of Patea

32 Authorising Poverty Bay Electric-power Board to transfer from £78,000 Loan Account to its Power Fund Account the value of certain materials

33 Making provision with respect to payment by Otago Electric-power Board to Depreciation Fund Commissioners

Hospital Boards

34 Authorising the Wellington Hospital Board to dispose of the T G Macarthy Home for Children and extending the trust upon which the proceeds are to be held

35 Authorising Auckland Hospital Board to expend a donation under the Savings-banks Act 1908

36 Validating contribution by Wellington Hospital Board to Wellington City Council for unemployment purposes

37 Removing trusts from certain land held by the Taumarunui Hospital Board

38 Validating expenditure of unexpended balance of loan of £67,308 by Waikato Hospital Board

39 Authorising Wellington Hospital Board to transfer certain land to His Majesty the King

Drainage and River Boards

40 Special provision with respect to union of Hungahunga, Waitoa, Elstow, and Tahuna Drainage Districts

41 Extending provisions of section 67 of the Local Legislation Act 1927

42 Purchase of drag-line excavator by instalments by Taieri River Trust

Fire Boards

43 Contract between Auckland and Newmarket Fire Boards as to protection of Newmarket from fire

Education Authorities

44 Authorising Wellington College Board of Governors to transfer certain lands to Wanganui Education Board

Affecting 2 or more classes of local authorities

45 Authorising certain local authorities to contribute to Wellington Branch of New Zealand Free Ambulance Transport Service

46 Validating certain agreements between New Plymouth Borough Council and other local authorities relating to electrical supply

47 Authorising Buller County Council and Westport Borough Council to contribute towards experiments by Cawthron Institute on pakihi lands

48 Agreement between Northcote Borough Council and Birkenhead Fire Board for protection of Birkenhead from fire

49 Wellington City Corporation authorised to lease portion of boat shed site, Te Aro reclamation, to the New Zealand Free Ambulance Transport Service (Wellington Branch), Incorporated

50 Authorising Halswell County Council to assign electric works licence to Christchurch City Council

Miscellaneous

51 Validating payment by Native Trustee to Akitio County Council of £500 as advance of rates

52 Authorising Chatham Islands Stock Committee to transfer certain funds and assets to Chatham Islands County Council

53 Abolishing the Rotongata Rabbit-proof Fencing District

54 Abolishing the Umutawa Rabbit-proof Fencing District

55 Authorising Petone and Lower Hutt Gas-lighting Board to raise a special loan of £7,250


An Act to confer certain powers on certain public bodies and to validate certain transactions

1 Short Title
  • This Act may be cited as the Local Legislation Act 1931.

County Councils

2 Provision in respect of purchase of cattle dips by Bay of Islands County Council
  • Whereas in pursuance of the power conferred on it by section 77 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1925, the Bay of Islands County Council (hereinafter called the Council) has purchased certain cattle dips and the land on which such dips were constructed as described in subsection (5):

    And whereas the Council has made certain payments in or towards repayment of certain subscriptions made by sundry persons towards the cost of establishing such cattle dips and desires to make further such repayments:

    And whereas doubts have arisen as to the power of the Council to make such repayments and as to the validity of such purchases in view of the repayments heretofore made by the Council as aforesaid:

    Be it therefore enacted as follows:

    (1) The respective purchases by the Council of the pieces of land described in subsection (5) and of the cattle dips constructed thereon are hereby declared to have been lawfully made in pursuance of the said section 77.

    (2) All payments heretofore made or that may hereafter be made by the Council in or towards the repayment of any subscriptions made towards the cost of establishing any such cattle dip are hereby declared to be valid.

    (3) Nothing in this section shall render the Council legally liable to make any such payments.

    (4) All moneys heretofore duly paid or that may hereafter be payable by the Council on account of any such purchase, and all moneys heretofore paid or that may hereafter be paid by the Council pursuant to subsection (2), may be charged against the riding accounts of the Okaihau, Waimate, Pakaraka, Kirikiri, Tautoro, and Mataraua Ridings of the Bay of Islands County in equal shares.

    (5) The pieces of land to which this section relates are the following:

    • (a) all that parcel of land containing 1 rood thirty-seven and one-fifth perches, more or less, being all of the land on Deposited Plan 20922, and being portion of OLC No 1, situate in Block II of the Omapere Survey District, and being the whole of the land comprised in certificate of title, Volume 616, folio 92, Auckland Registry:

    • (b) all that parcel of land containing 1 rood, more or less, being Lot 2 on Deposited Plan 21295, and all the land comprised in Deposited Plan 21269 and being portion of OLC No 55, Omapere Survey District, and being the whole of the land comprised in certificate of title, Volume 608, folio 58, Auckland Registry:

    • (c) all that parcel of land containing 2 roods 29 perches, more or less, situate in the Kaikohe Town District, being part of the block called Kohewhata No 64, and being the whole of the land comprised in certificate of title, Volume 601, folio 243, Auckland Registry.

3 Validating certain expenditure by the Dannevirke County Council
  • Notwithstanding that in neither case was a special order in that behalf made pursuant to section 131 of the Counties Act 1920, as amended by section 9 of the Counties Amendment Act 1921–22, the Dannevirke County Council shall be deemed to have been lawfully empowered in respect of the financial year ended 31 March 1930—

    • (a) to apportion between its General Account and the Ngapaeruru Riding Account the expenditure of the sum of 182 pounds 18 shillings on metalling Lower Mangapuaka Road:

    • (b) to charge in full to its General Account expenditure on concrete pipes.

4 Taumarunui County Council may pay certain loans out of Otunui Riding Account
  • The Taumarunui County Council may, in the manner prescribed by section 22 of the Local Bodies' Loans Act 1926, pay out of the Otunui Riding Account, instead of out of its General Account, the interest and sinking fund charges in respect of the loans raised by that Council known as the Kururau, Te Maire Bluff, and Herlihy Bluff loans.

5 Making special provision with respect to repayment of certain loans by Manukau County Council
  • Whereas the Manukau County Council was authorised by a poll of ratepayers taken on 13 December 1930 to raise a special loan of 65,000 pounds, known as the Manukau County Council Mangere Special Area Water-supply Loan of £65,000 (1930), (hereinafter referred to as the new loan):

    And whereas one of the purposes of the new loan was the repayment of the loans, known respectively as—(a) The Mangere Road Board Water-supply Loan of £3,000, (b) The Mangere Road Board Water-supply Additional Loan of £300, (c) The Manukau County Council Water-supply Loan of £7,000 (1921), and (d) The Manukau County Council Mangere Crossing Water-supply Supplementary Loan of £700 (1927); and hereinafter collectively referred to as the former loans:

    And whereas for purposes of convenience it is desired that the repayment of the former loans be postponed until their maturity or such earlier date as the Council may determine:

    And whereas it is desired that pending such repayment as aforesaid the burden of payment of the interest, sinking fund, and other charges in connection with the former loans be borne by the whole of the special rating area affected by the new loan, the respective rating areas of the former loans being parts of that area:

    Be it therefore enacted as follows:

    (1) The Council may repay the balance of the principal of any of the former loans at such time, or by such instalments, as the Council thinks fit, and may from time to time, as and when required for the purpose of making any such repayment, raise such parts of the new loan as may lawfully be applied to such purpose.

    (2) Subject to the payment of all interest, sinking fund, and other charges due and payable in respect of the new loan, the Council may from time to time, pending the repayment of any of the former loans, pay out of the proceeds of the special rate made and levied for the purposes of the new loan the interest, sinking fund, and other charges payable in respect of such former loan.

6 Authorising Waimairi County Council to make a grant to the Port and City League, Christchurch
  • Whereas the Waimairi County Council in the year 1930 resolved to grant the sum of 42 pounds to the Port and City League, Christchurch, as a contribution towards the cost of the Direct Access to the Sea Commission:

    And whereas the said Council has no legal authority to make such grant:

    Be it therefore enacted as follows:

    The Waimairi County Council is hereby authorised to grant a sum not exceeding 42 pounds to the Port and City League, Christchurch.

7 Empowering the Kaitieke County Council to pay certain loans out of Manganui Riding Account
  • Notwithstanding any enactment to the contrary, the Kaitieke County Council may from time to time, with the consent of the Audit Office, and pursuant to a special order, pay out of the Manganui Riding Account the whole or any part of the interest and sinking fund on the Waimarino-Retaruke Loans, secured by a special rate over portion of the Manganui Riding, and to the extent to which such payments are so made it shall not be necessary for the Council to collect the said special rate securing the said loans.

City and Borough Councils

8 Validating proceedings in connection with the Wellington City and Suburban Highways Loan, 1930, of £23,000
  • [Repealed]

    Section 8: repealed, on 29 September 1939, by section 7(1) of the Hutt Road Act 1939 (1939 No 18).

9 Authorising Invercargill City Council to expend unexpended balances of certain loans
  • Whereas, as authorised by a poll of ratepayers, the Invercargill City Council (then Borough Council) raised a special loan of 52,000 pounds known as Special Loan No 3, 1911, of £52,000, of which loan there is now an unexpended balance of 680 pounds:

    And whereas as authorised by a poll of ratepayers the Invercargill City Council (then Borough Council) raised a special loan of 29,760 pounds known as the Public Works Loan, 1919, of £29,760, of which loan there is now an unexpended balance of 4,147 pounds:

    And whereas the South Invercargill Borough Council, in pursuance of a poll of ratepayers, raised a special loan of 7,000 pounds, known as the South Invercargill North Ward Loan, 1911, of £7,000; and also in pursuance of a poll of ratepayers raised a special loan of 5,900 pounds known as the South Invercargill Middle Ward Loan, 1918, of £5,900:

    And whereas in consequence of alterations made in the boundaries of the City of Invercargill and of the Borough of South Invercargill respectively, and by agreement as provided for by the Municipal Corporations Act 1920, in respect of alterations of boundaries of boroughs, made between the Invercargill City Council of the one part and the South Invercargill Borough Council of the other part, the balances of the said loans of 7,000 pounds and 5,900 pounds were paid by the South Invercargill Borough Council to the Invercargill City Council, and the said City Council now holds the unexpended balances of its said loans amounting to 184 pounds and 332 pounds respectively:

    And whereas none of the said unexpended balances is now required for the purposes for which the aforesaid special loans were respectively raised, and it is expedient that such balances, amounting in all to the sum of 5,343 pounds, should be appropriated and expended upon public works within the City of Invercargill as hereinafter authorised:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in the Municipal Corporations Act 1920 or any other Act, the Invercargill City Council is hereby authorised and empowered to appropriate and expend the unexpended balances of the before-mentioned loans, amounting in all to 5,343 pounds, upon public works within the City of Invercargill as follows:

    The construction and paving of footpaths, 3,000 pounds;

    The kerbing and kerb channelling of footpaths, 750 pounds;

    The drainage of streets, 750 pounds; and

    The formation, gravelling, or metalling of streets, 843 pounds.

10 Authorising Invercargill City Council to withdraw £9,890 from Depreciation Fund to assist in repayment of certain loans
  • Whereas 2 loans raised by the Invercargill City Council, known respectively as the Electricity Redemption Loan, 1914, of £10,000 and the Tramways and Electricity No 4 Redemption Loan, 1921, of £4,100, both mature on 31 December 1931, when the sinking fund of the first-named loan will amount to 3,410 pounds and the sinking fund of the secondly named loan will amount to 800 pounds, leaving a balance of 9,890 pounds as the sum required in addition to such sinking funds to repay the said loans:

    And whereas the said Council desires to appropriate the said sum from the Depreciation Fund of the City of Invercargill Tramways and Electricity Department:

    And whereas there are sufficient moneys in the said Depreciation Fund for the purposes thereof in addition to the said sum:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in the Municipal Corporations Act 1920 or any other Act, the Invercargill City Council is hereby authorised and empowered to appropriate and use the sum of 9,890 pounds from the Depreciation Fund of the City of Invercargill Tramways and Electricity Department towards wholly repaying the said loans.

11 Authorising Te Awamutu Borough Council to utilise part of unexpended balance of loan of £40,000
  • Whereas by a poll of ratepayers of the Borough of Te Awamutu taken on 14 July 1920, the Te Awamutu Borough Council was duly authorised to raise, under the Local Bodies' Loans Act 1913, a special loan of 40,000 pounds for the purpose of providing a sewerage system for the said borough:

    And whereas the said sewerage system has been completed, and there is an unexpended balance of the said loan amounting to 862 pounds 8 shillings and 1 penny:

    And whereas one of the works constructed in good faith as part of the said sewerage system was a public convenience in Walton Street in the said borough:

    And whereas the said convenience was by inadvertence not included as one of the works set out in the proposal submitted to the ratepayers, and accordingly the cost of such convenience, amounting to 358 pounds 2 shillings and 4 pence, could not lawfully be paid out of the proceeds of the said loan, and was paid out of the General Account of the said borough:

    And whereas it is expedient to authorise the said Council to recoup its General Account for the said amount out of the unexpended balance of such loan:

    Be it therefore enacted as follows:

    The Te Awamutu Borough Council is hereby authorised to expend the sum of 358 pounds 2 shillings and 4 pence out of the unexpended balance of the said loan of 40,000 pounds in recouping its General Account for the cost of the said public convenience.

12 Validating irregularities in connection with Tauranga Borough Council's loan of £4,470 for sewerage and drainage works
  • Whereas the Tauranga Borough Council (hereinafter referred to as the Council) took a poll of the persons entitled to vote upon loan proposals within that portion of the Borough of Tauranga known as the Special-rating Drainage Area Number 2 upon a proposal to raise a special loan of 4,470 pounds for sewerage and drainage works in and for the said portion of the borough, and such poll was carried:

    And whereas the area in and for which it is proposed to expend the proceeds of the said special loan is that portion of the Borough of Tauranga particularly described in subsection (2):

    And whereas the special roll deposited for the purposes of the said poll contained the names of all persons entitled to vote in the said portion of the borough, but certain of the lands therein were not inserted in the said special roll:

    And whereas certain lands not included in the said portion of the borough and the names of certain persons not entitled to vote therein were inserted in the said special roll:

    And whereas it appears that the ratepayers were not misled nor was the result of the said poll affected by the errors above-mentioned, and it is desired to validate the proceedings in connection with the said special loan:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised, without further authority than this Act, to raise the said special loan for the purposes of constructing sewerage and drainage works in and for the Number 2 Drainage Area, extending reticulation therein, and extending the outfall.

    (2) The special rating area for the purpose of the said special loan shall be all that area in the Borough of Tauranga, comprising the whole of the existing Special-rating Drainage Area Number 1 with the addition thereto of—

    • (a) all that area in Section 1 of the Borough of Tauranga, bounded on the south by that part of Brown Street between Chapel Street and Cliff Road, and including such part of Brown Street; thence on the east by Cliff Road to Mission Street; thence on the north by Mission Street to a line across Mission Street and along the western boundaries of Lots 18, 19, 20, and 21 of the subdivision of the Elms Estate (CMS), and on the east by such line; thence on the north by the northern boundary of Lots 52 and 48, Elms Estate (CMS); thence on the west by the western boundary of the said Lot 48 to Lot 51 of the said subdivision; thence on the north by the northern boundary of the said Lot 51 to Chapel Street; and thence on the west by Chapel Street to Brown Street; and

    • (b) all that area in Section 1 of the Borough of Tauranga, bounded on the north by Spring Street; on the west by the western boundary of Allotments 380 and 381; thence on the north again by the northern boundary of Allotments 384 and 385; thence again on the west by the western boundary of Allotment 385 and a line across Williams Street to a continuation of the line of the western boundaries of Lots 1 to 3 of the subdivision of 6, 7, and 8, Block 17, CMS, on Plan 14661, and by such line to the southern boundary of the said Lot 3; thence on the south by the southern boundary of the said Lot 3 and a line across Selwyn Street to the southern boundary of Lot 3 of the subdivision of Block 17, CMS, on Plan 140; thence along the southern boundary of the said Lot 3 to the western boundary of the Special-rating Drainage Area Number 1; and thence on the east and north by such drainage-area boundary to Spring Street.

    (3) The special rate provided for in such loan poll shall be levied on all rateable property in the special rating area described in the last preceding subsection.

    (4) All Orders in Council heretofore issued in respect of the said special loan shall be deemed to be valid for all purposes, and the Council and all other persons may rely and act upon the same accordingly.

13 Authorising Tauranga Borough Council to recoup General Account from loan moneys
  • Whereas on 14 October 1929, the Tauranga Borough Council took a poll of ratepayers on a proposal to raise a loan of 4,000 pounds for the purpose of constructing the Tauranga–Matamata and Tauranga–Waihi Main Highways within the Borough of Tauranga:

    And whereas the proposal for such loan (known as the Streets Improvement Loan, £4,000) was carried, and the loan was raised:

    And whereas, prior to the authority to raise the loan and in anticipation thereof and in order not to delay the work, which was required to be done at the proper season of the year in conjunction with other maintenance work on the same road not included in the loan works, the Council arranged to procure the necessary metal and place the same in position ready for the work, and advanced the cost of such metal, amounting to 971 pounds 10 shillings and 8 pence, out of the General Account, and subsequently refunded the said sum to the General Account out of the loan:

    Be it therefore enacted as follows:

    The refund by the Tauranga Borough Council of the said sum of 971 pounds 10 shillings and 8 pence from the Streets Improvement Loan £4,000 Account to the General Account is hereby validated and declared to have been lawfully made.

14 Authorising changing of purposes of portion of loan of £106,000 by Takapuna Borough Council
  • Whereas the Corporation of the Borough of Takapuna (hereinafter called the Corporation) has raised by way of a special loan under the provisions of the Local Bodies' Loans Act 1913 the sum of 106,000 pounds for the following purposes—provision, construction, and laying of sewers, tanks, outfalls, and drainage works constituting sewerage systems within the Borough of Takapuna, including the acquisition of land necessary for the purposes of the said works and payment of compensation for land purchased or taken and for land injuriously affected, 101,000 pounds; and provision of funds for advances to ratepayers for connections to the said system under section 228 of the Municipal Corporations Act 1908, 5,000 pounds:

    And whereas the Corporation has advanced to the ratepayers of the borough for the purpose of paying the cost of connecting their drains with the Corporation's sewerage system portion of the above-mentioned sum of 5,000 pounds, and has in hand the balance of such sum—namely, the sum of 4,979 pounds 18 shillings and 7 pence:

    And whereas claims have been made against the Corporation by certain landowners under the provisions of the Public Works Act 1928 for compensation in respect of the Corporation's drainage works, and compensation is now payable by the Corporation to certain claimants and the Corporation may become liable to pay further compensation:

    And whereas the Corporation considers that it is not expedient to make any further advances to the ratepayers out of the said sum of 4,979 pounds 18 shillings and 7 pence now in hand, and that such moneys can be more advantageously used in paying the compensation that is now or may hereafter become due and payable by it in respect of such drainage works or for any of the other purposes for which the sum of 101,000 pounds, part of the said special loan, is to be applied:

    Be it therefore enacted as follows:

    It shall be lawful for the Corporation to apply the said sum of 4,979 pounds 18 shillings and 7 pence, being the unexpended balance of the said sum of 5,000 pounds raised by the said special loan, in or towards any of the purposes for which the sum of 101,000 pounds, part of the said special loan of 106,000 pounds, is to be applied.

15 Authorising Hawera Borough Council to renew a certain lease
  • Whereas the Corporation of the Borough of Hawera is registered as proprietor of all that parcel of land containing 20 perches, more or less, being part of Section 15 of Block XIX of the Town of Hawera, and being the whole of the land in certificate of title, Volume 63, folio 194, Taranaki Registry:

    And whereas by a lease dated 21 July 1910, registered as Number 8557, the Corporation leased the said land to one Albert Morgan Conroy for a term of 21 years from 20 June 1910, at the rental and subject to the covenants therein contained, including a covenant that 1 year before the expiry of the said term 2 valuations should be made by arbitration, one of the improvements effected by the lessee pursuant to the said lease, and one of the ground rent without improvements for a further term of 21 years, and also including a covenant by the Corporation at the option of the lessee either to pay to the lessee as compensation the value of the said improvements so ascertained, or to grant to the lessee a renewal of the said lease for a further term of 21 years at the rental so ascertained, such renewal lease to contain a covenant by the Corporation to pay to the lessee at the expiry of such term as compensation the value of the improvements effected by the lessee, such value to be ascertained by arbitration:

    And whereas the said lease Number 8557 is now vested in Ada Mary Welsh, of Hawera, widow, and Bernard McCarthy, of Hawera, solicitor (hereinafter with their executors, administrators, and assigns referred to as the lessees), as tenants in common in equal shares and as purchasers thereof for value:

    And whereas the lessees have elected to take a renewal of the said lease as aforesaid, and the Corporation is desirous of granting such renewal lease, and it is expedient to enable the Corporation so to do:

    Be it therefore enacted as follows:

    (1) The Corporation is hereby empowered to grant to the lessees a renewal of the said lease as aforesaid for a term of 21 years from 20 June 1931; and it shall be lawful for the Corporation at the expiry of such term to pay to the lessees compensation in pursuance of the covenant in that behalf to be contained in such renewal lease as aforesaid.

    (2) The Corporation may from time to time set aside moneys out of its General Account to form a fund for the purpose of paying such compensation as aforesaid, and in the meantime to accumulate at interest.

    (3) Until all such compensation is paid the Corporation shall apply all moneys in such fund and all interest thereon for the purpose aforesaid and for no other purpose.

16 Authorising Raetihi Borough Council to expend unexpended balance of loan of £15,565
  • Whereas the Raetihi Borough Council (hereinafter called the said Council) was duly authorised by a poll of ratepayers on 28 February 1924 to raise a loan of 15,565 pounds under the Local Bodies' Loans Act 1913 for the purpose of certain street works in the Borough of Raetihi:

    And whereas the said Council duly raised for the purpose of the said works the sum of 15,500 pounds:

    And whereas all the said works have been completed, except the construction in bitumen of a small portion of Seddon Street lying between the Makotuku Stream Bridge and the intersection of the Makotuku Valley Road with Seddon Street:

    And whereas the unexpended balance of the said loan of 15,500 pounds amounts to 909 pounds 6 shillings and 5 pence:

    And whereas it is estimated that the completion of the remainder of the said works will cost not more than 200 pounds, and that there will thereafter be a final unexpended balance of the said loan moneys amounting to 709 pounds 6 shillings and 5 pence:

    And whereas it is not expedient to complete the said works at the present time:

    And whereas the said Council desires to use the amount of the said estimated final unexpended balance as hereinafter provided:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in the Local Bodies' Loans Act 1926 or in any other Act, it shall be lawful for the said Council to use and apply the said sum of 200 pounds to complete the construction of the said portion of Seddon Street in bitumen, such work to be carried out whenever expedient so to do, and forthwith to use the said estimated final balance of the said loan moneys, amounting to 709 pounds 6 shillings and 5 pence—firstly to refund to the General Account the sum of 302 pounds 3 shillings and 2 pence expended from that account in and towards the construction of a temporary bridge over the said Makotuku Stream and approaches thereto; and, secondly, to apply any balance of the said loan moneys then remaining in and towards the cost of reconstruction of the said Makotuku Stream Bridge and the approaches thereto.

17 Validating expenditure out of Wharf Account of Opotiki Borough Council for unemployment relief purposes
  • It shall be deemed to have been lawful for the Opotiki Borough Council to expend out of the revenues of its Wharf Account, not later than 30 September 1931, the sum of 1,000 pounds for the purpose of contributing to the fund established by the said Opotiki Borough Council for the relief of unemployment.

18 Authorising Wellington City Council to accept a surrender of a lease and to grant a new lease
  • The Wellington City Council is hereby authorised and empowered to accept, by special order, a surrender of the leasehold interest held by William Arthur Arnold, of the City of Wellington, merchant, under and by virtue of memorandum of lease registered Number 18392, Wellington Registry, of all that piece of land situate in the City of Wellington, containing 3 roods and 27 perches, be the same a little more or less, being part of the Botanical Gardens Reserve and being also part of the land in certificate of title, Volume 393, folio 4, which said piece of land, together with the buildings and erections thereon, is commonly known as the Kelburn Tea Kiosk, and the Wellington City Council is hereby further authorised and empowered, upon such surrender becoming effective, to grant to the said William Arthur Arnold a new lease of the said piece of land for a period of 10 years, commencing from the time when such surrender shall become effective, upon such terms and conditions as the said Council shall think fit.

19 Authorising Hawera Borough Council to purchase certain land for cemetery purposes
  • Whereas the Corporation of the Borough of Hawera has the control and management of the Hawera Cemetery, containing 10 acres 1 rood 29 perches, more or less, situated within the Borough of Hawera, and being Section 33, Township of Hawera, and portion of a closed road:

    And whereas the Corporation is desirous of extending the said cemetery by the purchase of a certain piece of land in the said borough adjoining the eastern boundary of such cemetery, containing 5 acres, more or less, being part of Section 546, Patea District, and being part of an education reserve vested in His Majesty the King, containing 25 acres 3 roods 21 perches, more or less:

    And whereas it is expedient to authorise the Corporation to make the aforesaid extension of the said cemetery:

    Be it therefore enacted as follows:

    (1) The Corporation may, for the purpose of extending the existing Hawera Cemetery, purchase the said piece of land and use it for cemetery purposes.

    (2) It shall be lawful for the Corporation to pay to the Receiver of Land Revenue for the Land District of Taranaki, to the credit of the Education Endowment Account, the sum of 200 pounds as the purchase price for the freehold of the said piece of land, and also to pay to William George Tozer, of Hawera, farmer, his executors, administrators, and assigns, the annual sum of 4 pounds 2 shillings and 6 pence on 1 November in each of the years 1931 to 1948 inclusive, as and for compensation for his interest as lessee of the said piece of land under memorandum of lease, registered Number 13859, Taranaki Registry.

20 Validating agreement as to Eastbourne Borough water supply, and authorising the raising of a loan
  • Whereas in pursuance and exercise of the powers conferred upon it by section 22 of the Health Act 1920, the Board of Health, by requisition under its seal dated 13 September 1929, required the Eastbourne Borough Council to provide within its district drainage works, sewerage works, and waterworks for the purpose of affording drainage and water supply to the Borough of Eastbourne:

    And whereas a large sum of money has been spent in an endeavour to find water in the said borough to enable the erection of waterworks for the supply to the said borough of water for domestic, trade, and other purposes, but such endeavour was unsuccessful:

    And whereas, for the purpose of complying with such requisition, the Eastbourne Borough Council (hereinafter called the purchaser) approached the Lower Hutt Borough Council (hereinafter called the vendor) with a request to supply the purchaser with water, which the vendor agreed to do:

    And whereas, by an agreement dated 5 October 1931, made between the vendor of the one part and the purchaser of the other part, the vendor agreed to supply to the purchaser and the purchaser to take from the vendor water for domestic, trade, and public purposes for a term of 15 years from 1 March 1932, upon the conditions set out in the said agreement:

    And whereas it is expedient that such agreement should be validated:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in section 249 of the Municipal Corporations Act 1920, the said agreement is hereby validated and confirmed as from the date of execution thereof.

    (2) The Lower Hutt Borough Council may, without taking the steps prescribed by sections 9 to 13 of the Local Bodies' Loans Act 1926, raise by special order a loan for the purposes of the construction of all or any of the works required in terms of the said agreement to be constructed by that Council, including the acquisition of all lands and easements required in connection therewith.

21 Authorising Foxton Borough Council to continue to levy for 4 years the Gasworks Loan special rate, and to repay overdraft
  • Whereas the Foxton Borough Council (hereinafter referred to as the Council) pursuant to a proposal carried by the ratepayers of the borough on 6 October 1910 raised a loan of 11,000 pounds, known and hereinafter referred to as the Gasworks Loan, for the purchase of certain land, gasworks, and plant in the borough, and the Council duly made and levied a special rate of 2 pence and fifteen-sixteenths of a penny in the pound, known as the Gasworks Loan special rate, on the rateable property in the Borough of Foxton for the purpose of securing the payment of interest and providing a sinking fund in respect of the Gasworks Loan:

    And whereas the date of maturity of the Gasworks Loan was 14 December 1931, but the said special rate levied by the Council provided a sinking fund of only 7,634 pounds 6 shillings and 2 pence, leaving a deficiency of 3,365 pounds 13 shillings and 10 pence in the amount required to repay the Gasworks Loan:

    And whereas, in order to take advantage of the unusually favourable rate of exchange, the Council repaid the Gasworks Loan on 30 June 1931, and by so doing effected a saving of 1,762 pounds 17 shillings and 9 pence, thus reducing the said deficiency to the net amount of 1,602 pounds 16 shillings and 1 penny:

    And whereas the Council borrowed the amount of such net deficiency from its bankers on overdraft in the mistaken belief that it was legally empowered under the Local Bodies' Loans Act 1926, at any time prior to the date of maturity of the Gasworks Loan, to raise a renewal loan for the purpose of repaying so much of the principal of the Gasworks Loan as was not provided by the Accumulated Sinking Fund in respect thereof, and that such renewal loan could be applied in repaying to its bankers the amount borrowed on overdraft as aforesaid:

    And whereas it is expedient to authorise the Council to continue to levy the Gasworks Loan special rate, or so much thereof as shall be necessary to repay to its bankers the amount borrowed as aforesaid, together with interest, for a period of 4 years, commencing on 1 April 1932:

    Be it therefore enacted as follows:

    The Council is hereby authorised to levy and collect the Gasworks Loan special rate for a period not exceeding 4 years, commencing on 1 April 1932, for the purpose of repaying to its bankers the said sum of 1,602 pounds 16 shillings and 1 penny borrowed as aforesaid, together with interest thereon at the rate charged to the Council by its bankers for overdrafts. The said sum shall not be deemed to have been borrowed under the power conferred by section 3 of the Local Bodies' Finance Act 1921–22.

22 Authorising the Birkenhead Borough Council to pay annual levies made by the Birkenhead Fire Board out of moneys contributed and raised to aid in establishing a local fire brigade
  • Whereas the Birkenhead Borough Council is the holder of a fund of 637 pounds voluntarily contributed and raised by the ratepayers and residents of the borough for the purpose of assisting the Borough Council in the establishment of a municipal fire brigade and the provision of fire-fighting appliances and equipment for the Borough of Birkenhead:

    And whereas the district of the said borough was declared to be a fire district under the provisions of the Fire Brigades Act 1926, before any part of the said fund was expended by the Borough Council for the said purposes, and the Council thereupon ceased to have authority in law to provide fire-fighting appliances and establish a fire brigade in such district:

    And whereas it was always intended by the contributors of the said fund that the money raised should be used in relief of or towards payment of additional rates which would otherwise have to be provided by the ratepayers of the district for the purpose, and it is expedient that the Borough Council should have power to apply such moneys accordingly:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in any Act, the Birkenhead Borough Council is hereby empowered and authorised, and shall be deemed to have been authorised, to use and expend the aforesaid fund and any accretion thereto in or towards payment of the contributions from time to time due or to become due from the said Council to the Birkenhead Fire Board by way of levy under the provisions of section 26 of the Fire Brigades Act 1926.

23 Special provision respecting leases granted by Auckland City Council
  • [Repealed]

    Section 23: repealed, on 31 March 1934, by section 23(4).

24 Authorising Auckland City Council to raise a special loan of £9,000
  • Whereas the Auckland City Council (hereinafter referred to as the Council) was recently authorised to raise a loan of 198,600 pounds for the purpose of redeeming a portion of the outstanding liability in respect of a loan of 310,200 pounds maturing on 1 January 1931:

    And whereas it was anticipated that surplus sinking funds of the consolidated loan of 1879 would also be available for redemption of debentures issued in respect of the maturing loan:

    And whereas the surplus sinking fund has been very considerably reduced by the decision of the Sinking Fund Commissioners to write down the values of the securities when transferring such securities to sinking funds on other City Council loans:

    And whereas, in order to complete the repayment of the maturing loan the Council has been compelled to provide additional money from its District Fund:

    Be it therefore enacted as follows:

    (1) The Council may by special order raise the sum of 9,000 pounds by way of special loan under the provisions of the Local Bodies' Loans Act 1926, but without taking the steps described in sections 9 to 13 of that Act, and may pay the proceeds of such special loan into its District Fund.

    (2) The Council shall make a special rate on all rateable property in the City of Auckland as security for the interest and other charges in respect of the said loan of 9,000 pounds, and such special rate may be levied as part of the special rate made and levied in respect of the said loan of 198,600 pounds, or may be levied in addition to the said special rate.

Town Boards

25 Making provision for a financial adjustment consequent upon an alteration of the boundaries of Howick Town District
  • The provisions of section 145 of the Municipal Corporations Act 1920, shall, with the necessary modifications, apply with respect to the alteration of the boundaries of the Howick Town District, made pursuant to the provisions of the Town Boards Act 1908, by Proclamation dated 23 February 1931, and gazetted on 26 February 1931, in all respects as if the said district were a borough, and as if such alteration of boundaries had been made on the date of the passing of this section.

Harbour Boards

26 Validating payment by Napier Harbour Board of sum of £1,245 out of loan moneys
  • Whereas the sum of 1,245 pounds was expended by the Napier Harbour Board (hereinafter called the Board) out of loan moneys raised under the authority of the Napier Harbour Board Empowering and Loan Act 1914, in the construction of concrete piles for works authorised by the said Act, and were charged by the Board to the Loan Account:

    And whereas the said piles, having been fractured and in other ways rendered useless for the purpose for which they were constructed, were used by the Board for wharf reconstruction works of a capital nature other than those authorised by the said Act, but the Loan Account has not been recouped by the Board out of its General Account for the value thereof:

    Be it therefore enacted as follows:

    The action of the Board in using the said concrete piles in manner aforesaid is hereby validated, and it shall not be incumbent upon the Board to recoup the Loan Account out of its General Account for the said sum of 1,245 pounds or any part thereof.

27 Validating the issue of certain debentures by the Napier Harbour Board
  • Whereas pursuant to the Napier Harbour Board Empowering and Loan Act 1914 (hereinafter referred to as the 1914 Act) and the Napier Harbour Board Empowering and Loan Amendment Act 1920 (hereinafter referred to as the 1920 Act), the Napier Harbour Board (hereinafter referred to as the Board) was empowered to borrow the sum of 250,000 pounds on the security of debentures to be sold and issued by the Board, repayable on 1 October 1950, or on such date or respective dates prior to that date as the Board might by resolution decide:

    And whereas the Board has borrowed the sum of 5,500 pounds, being a part of the said sum of 250,000 pounds, on the security of the debentures described in subsection (2), repayable on 1 April 1966:

    And whereas doubts have arisen as to whether the sanction of the Local Government Loans Board, which was obtained by the Board to the said debentures having a currency not exceeding thirty-six years and a half, will avail to extend the period of the currency of the said debentures beyond the limit of time set by the Acts hereinbefore mentioned, and it is therefore expedient that the issue by the Board of the said debentures in manner aforesaid should be validated:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in the 1914 Act or in the 1920 Act, the issue by the Board of the debentures mentioned in the next succeeding subsection, repayable on 1 April 1966, is hereby validated and declared to have been lawfully made, and the said sum of 5,500 pounds secured by such debentures shall, for the purposes of the Napier Harbour Board Loans Enabling Act 1930, and for all other purposes, be deemed to have been duly borrowed under the authority of the 1914 Act and the 1920 Act.

    (2) The debentures to which this section applies are the following:

    • (a) 10 debentures of 100 pounds each, numbered respectively 800 to 809, dated 1 October 1929, bearing interest at the rate of 5.5% per annum, and repayable on 1 April 1966; and

    • (b) 1 debenture of 4,500 pounds, numbered 810, dated 1 September 1930 bearing interest at the rate of 5.75% per annum, and repayable on 1 April 1966.

28 Authorising Patea Harbour Board to grant a lease to West Coast Refrigerating Company, Limited
  • Notwithstanding anything to the contrary in the Patea Harbour Board Foreshore Act 1903 or in the Harbours Amendment Act 1925, the Patea Harbour Board is hereby authorised and empowered to grant to the West Coast Refrigerating Company, Limited, a company duly incorporated under the Companies Act 1908, and having its registered office at Patea, a lease of all that parcel of land, containing 11 perches, more or less, being Subdivision 1, part Harbour Board Endowment, Block VII, Carlyle Survey District, and being delineated and described on a plan deposited in the Land Registry Office at New Plymouth as Number 2599, and being part of the land comprised in certificate of title, Volume 67, folio 26, in the said Land Registry Office, for a term of 21 years from 11 August 1931, at the annual rental of 16 pounds per annum, and upon such terms and conditions as the Patea Harbour Board may decide, including a provision giving the lessee a perpetual right of renewal in accordance with paragraph (e) of section 5 of the Public Bodies' Leases Act 1908.

29 Making provision with respect to remission or postponement of rents due in respect of certain land vested in Oamaru Harbour Board
  • [Expired]

    Section 29: expired, on 11 November 1936, by section 29(2).

30 Extending purposes for which certain loan moneys may be used by Bluff Harbour Board
  • [Repealed]

    Section 30: repealed, on 1 May 1988, by section 44 of the Port Companies Act 1988 (1988 No 91).

Electric Power Boards

31 Special provision with respect to payment out of South Taranaki Electric-power Board's Power Fund of cost of extending an electric line to the Borough of Patea
  • Whereas the South Taranaki Electric-power Board (hereinafter called the Board) is desirous of extending its existing system of electric distribution by constructing a suitable extension line for the purpose of supplying electric energy to the Corporation of the Borough of Patea and other consumers:

    And whereas the Board has no loan moneys available for such purpose and desires to advance the cost of the said extension line out of its Power Fund, and it is expedient to make provision for the repayment of all moneys so advanced:

    Be it therefore enacted as follows:

    (1) Any moneys advanced by the Board from its Power Fund towards the cost of such extension line (including preliminary expenses) may be repaid to the said Power Fund, for credit of an account to be established by the Board in respect of such advances,—

    • (a) from the revenue derived by the Board from the sale of electric energy as a result of the construction of such extension line; or

    • (b) from the proceeds of any special loan that may hereafter be raised by the Board under the Local Bodies' Loans Act 1926 upon the security of a rate over the whole or any part of the areas added to the electric power district by virtue of a Proclamation dated 27 January 1931 and published in the Gazette of 5 February 1931; and the repayment of such moneys shall be deemed to be a purpose for which the Board may raise a special loan under the said Act:

      provided that no such loan shall be raised for the purpose of repaying any such moneys unless the consent of the Local Government Loans Board to the raising of such loan is obtained before such moneys are advanced.

    (2) It shall be lawful for the Board to pay from its Power Fund the whole or any part of the interest and sinking fund in respect of any such special loan raised for the purpose aforesaid.

    (3) The Board may, from the revenue mentioned in paragraph (a) of subsection (1), pay to its Power Fund, for credit of the said account, interest on any moneys advanced as aforesaid at such rate as the Minister of Finance from time to time approves.

32 Authorising Poverty Bay Electric-power Board to transfer from £78,000 Loan Account to its Power Fund Account the value of certain materials
  • Whereas the Poverty Bay Electric-power Board (hereinafter referred to as the Board) was on 10 April 1931 duly authorised by the ratepayers of the Poverty Bay Electric-power District to raise a loan of 78,000 pounds for the purposes set out in the loan proposals submitted to the said ratepayers:

    And whereas the said loan proposals made provision, inter alia, for the purchase of sundry materials:

    And whereas at the time the said loan proposals were submitted to the ratepayers the Board was possessed of certain materials to the value of 11,853 pounds which were suitable for use for the purposes for which the said loan was raised:

    And whereas such materials had been purchased out of the Board's Power Fund Account:

    And whereas the Board had intended to utilise such materials then in possession for the purposes for which the said loan was raised:

    Be it therefore enacted as follows:

    The Board is hereby authorised to utilise all or any of the surplus materials purchased as aforesaid out of the Board's Power Fund Account for any of the purposes for which the said loan was raised, and to transfer a sum representing the value of the materials so utilised to the Power Fund Account from the separate account kept in respect of the said loan.

33 Making provision with respect to payment by Otago Electric-power Board to Depreciation Fund Commissioners
  • Notwithstanding anything to the contrary in section 22 of the Electric-power Boards Amendment Act 1927, the Otago Electric-power Board may postpone until the expiration of a period of 9 complete financial years after the year in which it commenced the supply of electrical energy the making of any payment to the Depreciation Fund Commissioners pursuant to that section, and subsection (2) of that section shall apply accordingly as if the references therein to a period of 7 years were references to a period of 9 years.

Hospital Boards

34 Authorising the Wellington Hospital Board to dispose of the T G Macarthy Home for Children and extending the trust upon which the proceeds are to be held
  • Whereas the Wellington Hospital Board (hereinafter referred to as the Board) is registered as proprietor of an estate in fee simple, firstly, in all that parcel of land situated in the Land Registration District of Wellington, containing 18 acres 2 roods 24 perches, be the same a little more or less, comprising parts of Sections 37 and 185, Hutt District, being Lot 10 and part Lot 1 on Deposited Plan 1397, and other part of said Section 37 and part Section 48 of the Hutt District, and being the whole of the land comprised and described in certificate of title, Volume 221, folio 84, Wellington Registry, together with right of way over the part delineated and coloured yellow on the plan on the said certificate of title; and, secondly, in all that parcel of land situated in the Land Registration District of Wellington, containing seven-tenths of a perch, and being Lot 11, Deposited Plan 1397, part of Section 37, Hutt District, and all the land comprised and described in certificate of title, Volume 166, folio 48, Wellington Registry:

    And whereas the said land was acquired by the Board and the buildings thereon were equipped out of moneys given to the Board by the Board of Governors of the Thomas George Macarthy Trust (hereinafter referred to as the Governors) for the purpose of establishing an institution for convalescent children, to be named the T G Macarthy Home for Children, and the said land is accordingly vested in the Board upon trust for the purposes of such institution:

    And whereas, by reason of its situation and high cost of upkeep, the said home has been found to be unsuitable for the purpose for which it was established:

    And whereas it is desirable that the said land should be sold and that the said trust should be varied as hereinafter provided:

    Be it therefore enacted as follows:

    (1) With the consent of the Minister of Health the Board may, at such time or times as it thinks fit, sell and dispose of the said land or any part thereof, or exchange the same for other land; and any such sale and disposition may be by public auction, public tender, or private contract, at such price and upon such terms and conditions in all respects as the Board shall think fit; and the Board may transfer the said land to any purchaser or purchasers freed and discharged of and from any trusts theretofore affecting the same.

    (2) The Board shall hold the proceeds of every such sale and disposition in trust for the purpose of establishing in accordance with section 75 of the Hospitals and Charitable Institutions Act 1926 a convalescent home for children, or for adults and children, to be named the T G Macarthy Convalescent Home, or for such other charitable purposes as may from time to time be determined by the Board and approved by the Governors.

35 Authorising Auckland Hospital Board to expend a donation under the Savings-banks Act 1908
  • Whereas the trustees of the Auckland Savings-bank on 24 April 1930 made a donation of 750 pounds out of the accumulated profits of the said bank to the Auckland Hospital Board (hereinafter referred to as the Board) for the purpose of assisting the Board to purchase a supply of radium for use in the institutions under the control of the Board at Auckland:

    And whereas by section 38 of the Savings-Banks Act 1908, as amended by section 4 of the Savings-banks Amendment Act 1927, the Board is required to hold the said moneys upon trust as a permanent endowment:

    Be it therefore enacted as follows:

    The Board is hereby authorised and empowered to apply the said sum of 750 pounds towards the purchase of a supply of radium for use in the said institutions.

36 Validating contribution by Wellington Hospital Board to Wellington City Council for unemployment purposes
  • The payment by the Wellington Hospital Board on 18 February 1931 of the sum of 700 pounds to the Wellington City Council by way of contribution to assist the Council in the carrying out of the scheme known as Number 5, established by the Unemployment Board under the Unemployment Act 1930, is hereby validated.

37 Removing trusts from certain land held by the Taumarunui Hospital Board
  • Whereas the Taumarunui Hospital Board (hereinafter referred to as the Board) lately had the whole of the land described in subsection (3) (hereinafter referred to as the said land) vested in it in trust as a site for a public hospital:

    And whereas the Board has sold certain portions of the said land, and the proceeds of such sales are now held by the Board subject to the same trust:

    And whereas the portion of the said land remaining unsold is still vested in the Board subject to the same trust:

    And whereas the Board has acquired another site for a public hospital and has erected a hospital thereon, and it is desirable that the proceeds of such sales and the unsold portion of the said land should be freed from the said trust:

    Be it therefore enacted as follows:

    (1) The proceeds of such sales and the unsold portion of the said land are hereby declared to be no longer subject to the said trust for a site for a public hospital.

    (2) The Board may, with the consent of the Minister of Health, apply or expend the proceeds of such sales and the proceeds of any sales that may hereafter be made of any portion of the said land and all interest that has accrued or may hereafter accrue on any such proceeds in or towards the satisfaction of any moneys owing by the Board in connection with its present hospital site, or in or towards the cost of erecting or altering any buildings on such last-mentioned site, or in or towards the discharge of any capital expenditure heretofore made or hereafter to be made by the said Board.

    (3) The land to which this section relates is particularly described as follows:

    All that piece or parcel of land situate in the Borough of Taumarunui, containing by admeasurement 10 acres, more or less, being Sections 2, 3, 4, 5, 5A, 6, 6A, 7, and 8 of Block II of the Village of Rangaroa, and being the whole of the land comprised and described in certificate of title, Volume 188, folio 33, Auckland Registry.

38 Validating expenditure of unexpended balance of loan of £67,308 by Waikato Hospital Board
  • Whereas the Waikato Hospital Board (hereinafter called the said Board) lately proceeded to raise by way of overdraft from the Bank of New Zealand the sum of 11,963 pounds 8 shillings and 6 pence, being the unexpended balance of a loan of 67,308 pounds which the Board was in the year 1924 authorised to raise under the provisions of the Hospitals and Charitable Institutions Amendment Act 1920 (No 2), and the Local Bodies' Loans Act 1913 for the purpose of a building scheme which was subsequently modified:

    And whereas the amount of the said unexpended balance was expended by the said Board with the approval of the Minister of Health on certain buildings other than those for which the said loan was raised:

    And whereas the precedent consent of the Local Government Loans Board to such expenditure was not obtained under section 48 of the Finance Act 1929:

    Be it therefore enacted as follows:

    The expenditure of the said sum of 11,963 pounds 8 shillings and 6 pence as aforesaid is hereby validated and declared to have been lawfully made.

39 Authorising Wellington Hospital Board to transfer certain land to His Majesty the King
  • Whereas the land described in subsection (2) is vested in the Wellington Hospital Board for the purposes of a sanatorium for consumptive patients:

    And whereas such sanatorium has for some years past been controlled by the Minister of Health:

    Be it therefore enacted as follows:

    (1) The Wellington Hospital Board is hereby authorised to transfer the said land by way of gift to His Majesty the King for the purpose of a sanatorium for consumptive patients.

    (2) The land to which this section relates is particularly described as follows:

    All that piece of land situated in the Provincial District of Wellington, containing 84 acres 6 perches and three-tenths of a perch, more or less, being Titokitoki A part Titokitoki Number 3 Waitohu Number 11B Waitohu Number 11C, Number 2 Haruatai Number 7 and part Church Mission grant, Waitohu Survey District, together with the right of way created or reserved by transfer Number 209345, and being the balance of the land comprised in certificate of title, Volume 162, folio 20, Wellington Registry.

Drainage and River Boards

40 Special provision with respect to union of Hungahunga, Waitoa, Elstow, and Tahuna Drainage Districts
  • Whereas a petition was received praying that the Hungahunga, Waitoa, Elstow, and Tahuna Drainage Districts should form one united district pursuant to section 15 of the Land Drainage Act 1908:

    And whereas the Boards of the said districts did not agree, and a Commission was appointed under the Commissions of Inquiry Act 1908 to inquire into the matter and report:

    And whereas the said Commission has recommended that the said districts should form one united district in terms of the said section 15, and that that portion of the Waitoa River extending from its junction with the Piako River to its junction with the Waihekau Stream should be included in the said united district:

    And whereas it is desirable that a further portion of the said Waitoa River, extending from its said junction with the Waihekau Stream to its junction with the Thames–Waikato Road, should also be included in the said united district:

    Be it therefore enacted as follows:

    In the event of the Governor-General declaring by Order in Council pursuant to the said section 15 that the said districts shall form one united district, the Governor-General may include in the said united district that portion of the Waitoa River extending from its junction with the Piako River to its junction with the Thames–Waikato Road.

41 Extending provisions of section 67 of the Local Legislation Act 1927
  • Notwithstanding anything to the contrary in section 67 of the Local Legislation Act 1927 or in the River Boards Act 1908 or in any other Act, the special rate required to be made and levied as security for the loan authorised to be raised by subsection (1) of the said section 67 may be made and levied on a uniform scale on all the lands within the several special rating areas mentioned and referred to in subsection (2) of the said section 67, and in the same manner as a special rate of a County Council is made and levied.

42 Purchase of drag-line excavator by instalments by Taieri River Trust
  • Whereas the Taieri River Trust has purchased a drag-line excavator for the sum of 2,140 pounds, payable in instalments extending over 3 financial years:

    And whereas the instalments payable during the first 2 years of the said period of 3 years have been duly paid and the Trust finds that it is necessary to enter into fresh negotiations to permit it to make such arrangements for payment of the balance of the purchase money as will be in keeping with its present financial position:

    Be it therefore enacted as follows:

    (1) The purchase by the Taieri River Trust of the said drag-line excavator, involving payment for the same by instalments, is hereby validated.

    (2) It shall be lawful for the Taieri River Trust to enter into such arrangements as it deems expedient as to payment by instalments of the balance of purchase money now due and owing in respect of the said drag-line excavator, and to make payments in accordance with such arrangements.

Fire Boards

43 Contract between Auckland and Newmarket Fire Boards as to protection of Newmarket from fire
  • The Auckland Fire Board and the Newmarket Fire Board may enter into an agreement for any period not exceeding 3 years from the making thereof for the protection from fire of the Newmarket Fire District in terms of section 64 of the Fire Brigades Act 1926, in the same manner and with the same results in all respects as if the Newmarket Fire Board were a local authority within the meaning of that section and the Newmarket Fire District the district of such local authority:

    provided that such agreement shall not have any force or effect unless and until it is approved by the Minister of Internal Affairs.

Education Authorities

44 Authorising Wellington College Board of Governors to transfer certain lands to Wanganui Education Board
  • Whereas the land hereinafter described is vested in the Governors of the Wellington College and Girls' High School in fee simple as an endowment upon trust for the purposes of the Wellington College and Girls' High School Act 1887:

    And whereas the said land adjoins the site of a public school known as the West End School, vested in the Education Board of the District of Wanganui:

    And whereas it is expedient that the said land should be transferred to the said Education Board as an addition to the site of the said public school, and the Governors are willing to set it aside for such purpose, but doubts have arisen as to their power to do so:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in the Wellington College and Girls' High School Act 1887 the Governors may transfer to the said Education Board without payment as a site for a public school, firstly, all that piece of land containing 2 roods 8 perches, more or less, being the balance of Section 1019, on the plan of the Town of Palmerston North, and all the land in certificate of title, Volume 207, folio 279, Wellington Registry; and, secondly, all that piece of land containing 1 acre 1 rood 32 perches, more or less, being part of Section 1020, immediately adjoining the land firstly above described, and being rectangular in shape with a frontage of 263.3 links to Botanical Street and a depth of 550 links, and being part of the land in certificate of title, Volume 202, folio 183, Wellington Registry.

Affecting 2 or more classes of local authorities

45 Authorising certain local authorities to contribute to Wellington Branch of New Zealand Free Ambulance Transport Service
  • All local authorities mentioned hereunder are hereby authorised and empowered to pay to the New Zealand Free Ambulance Transport Service (Wellington Branch), Incorporated, in the year ending on 31 March 1932, such sums as they think fit, not exceeding in any case the respective amounts hereinafter specified—namely, the Lower Hutt Borough Council, 200 pounds; the Petone Borough Council, 210 pounds; the Upper Hutt Borough Council, 100 pounds; the Eastbourne Borough Council, 50 pounds; the Hutt County Council, 150 pounds; the Makara County Council, 86 pounds; the Johnsonville Town Board, 27 pounds; the Wellington Harbour Board, 300 pounds; the Wellington Hospital Board, 900 pounds; and the Wellington City Council, 500 pounds.

46 Validating certain agreements between New Plymouth Borough Council and other local authorities relating to electrical supply
  • Whereas by an agreement dated 16 June 1924 (hereinafter referred to as the Inglewood agreement), the Corporation of the Borough of New Plymouth (hereinafter referred to as the New Plymouth Corporation) agreed to supply electricity to the Corporation of the Borough of Inglewood (hereinafter referred to as the Inglewood Corporation) on the terms therein mentioned:

    And whereas the Inglewood agreement provided that it should remain in force for a period of 10 years from the date when the New Plymouth Corporation notified the Inglewood Corporation that it was ready to supply electricity to the latter Corporation, and such date was duly notified as 1 September 1924:

    And whereas the Inglewood agreement further provided that such agreement should be renewed for a further period of 10 years if the Inglewood Corporation within 12 calendar months of the expiration of the period of the agreement notified the New Plymouth Corporation in writing of its desire that the agreement should be so renewed:

    And whereas by a deed dated 16 May 1928, the Inglewood agreement was modified by the alteration of certain terms thereof other than the provisions hereinbefore recited:

    And whereas by an agreement dated 4 November 1924 (hereinafter referred to as the Waitara agreement), the New Plymouth Corporation agreed to supply electricity to the Corporation of the Borough of Waitara on the terms therein mentioned:

    And whereas the Waitara agreement provided that it should remain in force for a period of 10 years from 1 March 1925:

    And whereas by a deed dated 8 August 1928, the Waitara agreement was modified by the alteration of certain terms thereof other than the provisions hereinbefore recited:

    And whereas by an agreement dated 17 January 1927, the New Plymouth Corporation agreed to supply electricity to the Opunake Electric-power Board on the terms therein mentioned:

    And whereas the said agreement provided that it should remain in force for a period of 10 years from 1 November 1926:

    And whereas by a deed dated 20 February 1928, the said agreement was modified by the alteration of certain terms thereof other than the provisions hereinbefore recited:

    And whereas by a resolution passed by the New Plymouth Borough Council on 2 June 1930, the said agreement was further modified by reducing the net charge for electricity supplied during certain hours:

    And whereas by an agreement dated 24 October 1928, the Taranaki Electric-power Board agreed to supply electricity to the New Plymouth Corporation on the terms therein mentioned:

    And whereas the said agreement provided that it should continue in force until 30 September 1931:

    And whereas the 2 last-mentioned agreements contained provisions for reciprocal supplies of electricity between the parties thereto respectively:

    And whereas doubts have arisen as to the powers of the parties thereto to enter into the several agreements hereinbefore recited:

    Be it therefore enacted as follows:

    (1) Subject to subsection (4), the several agreements hereinbefore recited, as modified as aforesaid, are hereby validated.

    (2) All payments heretofore made and all things heretofore done in pursuance of any of the said agreements by any party thereto shall be deemed to have been lawfully made or done, as the case may be.

    (3) Subject to subsection (4), the parties to each of the said agreements are hereby authorised to comply with and give effect to such agreement so long as it continues in force in accordance with the terms and conditions thereof.

    (4) The Inglewood agreement and the Waitara agreement are by this section validated only in respect of such portions of their respective terms as are not later than 30 September 1933; and nothing in this section shall affect the validity or invalidity of either of those agreements in respect of the remaining portion of its term.

47 Authorising Buller County Council and Westport Borough Council to contribute towards experiments by Cawthron Institute on pakihi lands
  • The Buller County Council and the Westport Borough Council are hereby authorised each to pay to the Cawthron Institute a sum not exceeding 50 pounds in each financial year during the period ending on 31 March 1937, the first payment to be made during the financial year commencing on 1 April 1932, as a contribution towards a scientific investigation by the Institute of the utilisation of certain lands in the Buller County:

    provided that no payment shall be made in any year except with the approval of the Council of Scientific and Industrial Research.

48 Agreement between Northcote Borough Council and Birkenhead Fire Board for protection of Birkenhead from fire
  • (1) The Northcote Borough Council and the Birkenhead Fire Board may enter into an agreement for any period ending not later than 31 March 1933 for the protection from fire of the Birkenhead Fire District by the Northcote Borough Council upon such terms and conditions as may be mutually agreed upon:

    provided that such agreement shall not have any force or effect unless and until it is approved by the Minister of Internal Affairs.

    (2) Any such agreement shall be deemed to have come into force on 1 April 1931 and all acts of the Northcote Borough Council done on or after that date, but before the making of such agreement, for the purpose of protecting the Birkenhead Fire District from fire, shall be deemed to have been as validly done in all respects as if done pursuant to such agreement.

49 Wellington City Corporation authorised to lease portion of boat shed site, Te Aro reclamation, to the New Zealand Free Ambulance Transport Service (Wellington Branch), Incorporated
  • (1) Notwithstanding anything contained in the Municipal Corporations Act 1920 or any other Act, the Corporation of the City of Wellington (hereinafter called the Corporation) is hereby authorised to lease to the New Zealand Free Ambulance Transport Service (Wellington Branch), Incorporated, a part, situate at the eastern end, and not exceeding 29 perches in area, of the land comprised in certificate of title, Volume 193, folio 193, Wellington Registry, situate in the City of Wellington, being part of the reclaimed land known as Reserve K, and being parts of Lots 1, 2, and 3 on Deposited Plan 2428, for a period of 50 years from 1 October 1931, at a yearly rental of 52 pounds, free of all municipal rates, subject to a proviso for determination in case the land shall at any time during the said term cease to be used for the purpose of a site for a free-ambulance station, and subject to such other covenants, conditions, and provisions as shall be fixed by the Corporation.

    (2) In the event of any land being leased pursuant to the provisions of this section, the provisions of section 3 of the Wellington City Reclamation and Empowering Act 1906 shall not at any time thereafter apply to such land, and no lessee of any such land shall at any time be entitled to a licence from the Wellington Harbour Board under that section.

50 Authorising Halswell County Council to assign electric works licence to Christchurch City Council
  • Whereas the Halswell County Council is the holder of a licence dated 2 June 1919, issued to the Council under the authority of section 2 of the Public Works Amendment Act 1911, to construct and use an electric line for conveying electricity to serve the inhabitants of a certain area in the said Halswell County—namely, numbers 1 and 2 Ridings of the said county:

    And whereas the Halswell County Council has agreed with the Christchurch City Council for the assignment of the said licence to the Christchurch City Council and the purchase by the Christchurch City Council of the electric works constructed by the Halswell County Council under the said licence:

    And whereas doubts have arisen as to whether a local authority has power to sell any such works, save to an electric power board, and it is expedient to authorise the said assignment of licence and sale of electric works:

    Be it therefore enacted as follows:

    The assignment by the Halswell County Council to the Christchurch City Council of the said licence and the sale by the Halswell County Council to the Christchurch City Council of the said electric works is hereby authorised, and upon the completion of such assignment and sale the said licence and electric works shall become vested in the Christchurch City Council, subject to the same duties and obligations as the Halswell County Council is under in respect of the said licence.

Miscellaneous

51 Validating payment by Native Trustee to Akitio County Council of £500 as advance of rates
  • Whereas, for the purpose of enabling the Akitio County Council to provide better road access to certain land known as the Mataikona Numbers 1, 2, and 3 Blocks, the Native Trustee on 20 April 1931 paid to the said Council the sum of 500 pounds as a payment in advance of rates thereafter to become payable by the Native Trustee to the said Council in respect of the said land:

    And whereas the said Council agreed to credit to the Native Trustee in reduction of such rates to become payable as aforesaid the said sum of 500 pounds, together with interest thereon or on so much thereof as from time to time remains uncredited at the rate of 6% per annum, the total amount to be so credited in each year being the sum of 100 pounds together with all such interest accruing due in such year:

    And whereas it is expedient to validate such payment and agreement:

    Be it therefore enacted as follows:

    The payment of such sum of 500 pounds by the Native Trustee to the Akitio County Council as aforesaid and such agreement by the said Council are hereby respectively validated and declared to have been lawfully made; and the said Council is hereby authorised to credit such sum and interest as aforesaid pursuant to such agreement.

52 Authorising Chatham Islands Stock Committee to transfer certain funds and assets to Chatham Islands County Council
  • Whereas the Chatham Islands Stock Committee (hereinafter called the committee), being a committee elected annually at a meeting of persons who ship stock from the Chatham Islands, is possessed of funds amounting to approximately 700 pounds collected by it from such persons and is also possessed of certain plant purchased out of moneys so collected and used by it in connection with the shipping of stock as aforesaid:

    And whereas the Chatham Islands County Council (hereinafter called the Council) has raised a loan for the purpose of erecting a wharf at Waitangi, and upon the completion of such wharf the said funds and plant will not be required by the committee for the purposes for which they were respectively collected and purchased:

    And whereas the said assets of the committee are the result of slow accumulation over many years, and it is impossible to distribute them on any equitable basis among the persons who contributed them:

    And whereas the committee desires authority to deal with such assets as hereinafter provided:

    Be it therefore enacted as follows:

    (1) Subject to the next succeeding subsection, the committee may from time to time grant and transfer to the Council the whole or any part of its assets to be applied towards the payment of the cost of raising such loan, or of interest or sinking fund in respect thereof, or for such other purposes, and in every case subject to such conditions, as may be agreed upon by the committee and the Council.

    (2) Every such grant or transfer shall be made pursuant to a resolution passed by a majority of not less than three-fourths of those present at a meeting of persons who have at any time within 3 years before the meeting shipped stock from the Chatham Islands at which not less than 10 of such persons are present and of which notice in writing specifying the time, place, and business of the meeting has been posted to each of such persons then resident in the Chatham Islands not less than 14 days before the day of the meeting.

    (3) When any assets of the committee are granted or transferred pursuant to this section, they shall be applied by the Council for the purposes and subject to the conditions agreed upon as aforesaid, and neither the committee nor any member thereof shall be liable to see to the application of such assets or be under any other liability in respect thereof.

53 Abolishing the Rotongata Rabbit-proof Fencing District
  • Whereas by Warrant dated 19 September 1925 and published in the Gazette of 1 October 1925 the Governor-General constituted the Rotongata Rabbit-proof Fencing District under Part 4 of the Rabbit Nuisance Act 1908:

    And whereas the said district enures for the purposes of Part 2 of the Rabbit Nuisance Act 1928 and is deemed to have been constituted thereunder:

    And whereas the Board of Trustees established for the said district has ceased to function, and it is deemed desirable to abolish the said district:

    Be it therefore enacted as follows:

    The Rotongata Rabbit-proof Fencing District is hereby abolished and the Board of Trustees thereof is hereby dissolved.

54 Abolishing the Umutawa Rabbit-proof Fencing District
  • Whereas by Warrant dated 22 December 1921 and published in the Gazette of 22 December 1921, the Governor-General constituted the Umutawa Rabbit-proof Fencing District under Part 4 of the Rabbit Nuisance Act 1908:

    And whereas the said district enures for the purposes of Part 2 of the Rabbit Nuisance Act 1928, and is deemed to have been constituted thereunder:

    And whereas the Board of Trustees established for the said district has never functioned, and it is deemed advisable to abolish the said district:

    Be it therefore enacted as follows:

    The Umutawa Rabbit-proof Fencing District is hereby abolished and the Board of Trustees thereof is hereby dissolved.

55 Authorising Petone and Lower Hutt Gas-lighting Board to raise a special loan of £7,250
  • Whereas the Petone and Lower Hutt Gas-lighting Board (hereinafter referred to as the said Board) was by section 4 of the Petone and Lower Hutt Gas-lighting Act 1922 constituted a local authority within the meaning of the Local Bodies' Loans Act 1926 (hereinafter referred to as the said Act) and has and may exercise within the boroughs of Petone and Lower Hutt all and every of the powers conferred on a local authority by the said Act:

    And whereas there are now outstanding and owing by the said Board debentures for a special loan of 14,000 pounds raised by the Corporation of the Borough of Lower Hutt, of which a sum of 9,500 pounds is now unpaid, and the said Board proposes to raise a special loan under the said Act for the purpose of paying off such unpaid balance of the said special loan:

    And whereas by Order in Council dated 13 April 1931 and published in the Gazette on 16 April 1931, the precedent consent of the Governor-General in Council was given to the raising by the said Board of a special loan of 7,250 pounds on the terms and conditions set out in the said Order in Council:

    And whereas doubts have arisen as to the power of the said Board to raise such special loan:

    Be it therefore enacted as follows:

    (1) The said Board may by special order raise the sum of 7,250 pounds for the purpose of paying off the balance of 9,500 pounds, being the amount outstanding in respect of the said loan of 14,000 pounds.

    (2) The provisions of the said Act, including in particular sections 32 and 114 of that Act shall, so far as applicable, apply to all loans that may be raised under the authority of this section.


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 Local Legislation Act 1931. The reprint incorporates all the amendments to the Act as at 1 May 1988, 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)