Local Legislation Act 1931

Local Legislation Act 1931

Public Act1931 No 43
Date of assent11 November 1931

Contents

Title


An Act to confer certain Powers on certain Public Bodies and to validate certain Transactions.

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

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 seventy-seven 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 five hereof: 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 five hereof and of the cattle-dips constructed thereon are hereby declared to have been lawfully made in pursuance of the said section seventy-seven.

    (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 two hereof, 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 one 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 one 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 two roods twenty-nine 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 one hundred and thirty-one of the Counties Act 1920, as amended by section nine 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 the thirty-first day of March, nineteen hundred and thirty—

    • (a) To apportion between its General Account and the Ngapaeruru Riding Account the expenditure of the sum of three hundred and sixty-five dollars and eighty cents on metalling Lower Mangapuaka Road:

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

    The expression three hundred and sixty-five dollars and eighty cents was substituted, as from 10 July 1967, for the expression one hundred and eighty-two pounds eighteen shillings pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

4 Taumarunui County Council may pay certain loans out of Otunui Riding Account
  • The Taumarunui County Council may, in the manner prescribed by section twenty-two 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 authorized by a poll of ratepayers taken on the thirteenth day of December, nineteen hundred and thirty, to raise a special loan of one hundred and thirty thousand dollars, known as the Manukau County Council Mangere Special Area Water-supply Loan of $130,000 (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 $6,000, (b) The Mangere Road Board Water-supply Additional Loan of $600, (c) The Manukau County Council Water-supply Loan of $14,000 (1921), and (d) The Manukau County Council Mangere Crossing Water-supply Supplementary Loan of $1,400 (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.

    The expressions one hundred and thirty thousand dollars, $6,000, $600, $14,000 and $1,400 were substituted, as from 10 July 1967, for the expressions sixty-five thousand pounds, £3,000, £300, £7,000 and £700 pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

6 Authorizing Waimairi County Council to make a grant to the Port and City League, Christchurch
  • Whereas the Waimairi County Council in the year nineteen hundred and thirty resolved to grant the sum of eighty-four dollars 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 authorized to grant a sum not exceeding eighty-four dollars to the Port and City League, Christchurch.

    The expression eighty-four dollars was substituted, as from 10 July 1967, for the expression forty-two pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

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 $46,000
  • [Repealed]

    Section 8 was repealed, as from 29 September 1939, by section 7 Hutt Road Act 1939 (1939 No 18).

9 Authorizing Invercargill City Council to expend unexpended balances of certain loans
  • Whereas, as authorized by a poll of ratepayers, the Invercargill City Council (then Borough Council) raised a special loan of one hundred and four thousand dollars known as Special Loan No 3, 1911, of $104,000, of which loan there is now an unexpended balance of one thousand three hundred and sixty dollars: And whereas as authorized by a poll of ratepayers the Invercargill City Council (then Borough Council) raised a special loan of fifty-nine thousand five hundred and twenty dollars known as the Public Works Loan, 1919, of $59,520, of which loan there is now an unexpended balance of eight thousand two hundred and ninety-four dollars: And whereas the South Invercargill Borough Council, in pursuance of a poll of ratepayers, raised a special loan of fourteen thousand dollars, known as the South Invercargill North Ward Loan, 1911, of $14,000; and also in pursuance of a poll of ratepayers raised a special loan of eleven thousand eight hundred dollars known as the South Invercargill Middle Ward Loan, 1918, of $11,800: 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 fourteen thousand dollars and eleven thousand eight hundred dollars 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 three hundred and sixty-eight dollars and six hundred and sixty-four dollars 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 ten thousand six hundred and eighty-six dollars, should be appropriated and expended upon public works within the City of Invercargill as hereinafter authorized: 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 authorized and empowered to appropriate and expend the unexpended balances of the before-mentioned loans, amounting in all to ten thousand six hundred and eighty-six dollars, upon public works within the City of Invercargill as follows:—

    The construction and paving of footpaths, six thousand dollars;

    The kerbing and kerb-channelling of footpaths, one thousand five hundred dollars;

    The drainage of streets, one thousand five hundred dollars; and

    The formation, gravelling, or metalling of streets, one thousand six hundred and eighty-six dollars.

    The expressions one hundred and four thousand dollars, $104,000, one thousand three hundred and sixty dollars, fifty-nine thousand five hundred and twenty dollars, $59,520, eight thousand two hundred and ninety-four dollars, fourteen thousand dollars, $14,000, eleven thousand eight hundred dollars, fourteen thousand dollars and eleven thousand eight hundred dollars, $11,800, three hundred and sixty-eight dollars, six hundred and sixty-four dollars, ten thousand six hundred and eighty-six dollars, six thousand dollars, one thousand five hundred dollars and one thousand six hundred and eighty-six dollars were substituted, as from 10 July 1967, for the expressions fifty-two thousand pounds, £52,500, six hundred and eighty pounds, twenty-nine thousand seven hundred and sixty pounds, £29,760, four thousand one hundred and forty-seven pounds, seven thousand pounds, five thousand nine hundred pounds, seven thousand pounds, £7,000, five thousand nine hundred pounds, £5,900, one hundred and eighty-four pounds, three hundred and thirty-two pounds, five thousand three hundred and forty-three pounds, three thousand pounds, seven hundred and fifty pounds and eight hundred and forty-three pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

10 Authorizing Invercargill City Council to withdraw $19,780 from Depreciation Fund to assist in repayment of certain loans
  • Whereas two loans raised by the Invercargill City Council, known respectively as the Electricity Redemption Loan, 1914, of $20,000, and the Tramways and Electricity No 4 Redemption Loan, 1921, of $8,200, both mature on the thirty-first day of December, nineteen hundred and thirty-one, when the sinking fund of the first-named loan will amount to six thousand eight hundred and twenty dollars and the sinking fund of the secondly named loan will amount to one thousand six hundred dollars, leaving a balance of nineteen thousand seven hundred and eighty dollars 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 authorized and empowered to appropriate and use the sum of nineteen thousand seven hundred and eighty dollars from the Depreciation Fund of the City of Invercargill Tramways and Electricity Department towards wholly repaying the said loans.

    The expressions $20,000, $8,200, nineteen thousand seven hundred and eighty dollars, twenty thousand dollars, eight thousand two hundred dollars, one thousand six hundred dollars and six thousand eight hundred and twenty dollars were substituted, as from 10 July 1967, for the expressions £10,000, £4,100, nine thousand eight hundred and ninety pounds, ten thousand pounds, four thousand one hundred pounds, eight hundred pounds and three thousand four hundred and ten pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

11 Authorizing Te Awamutu Borough Council to utilize part of unexpended balance of loan of $80,000
  • Whereas by a poll of ratepayers of the Borough of Te Awamutu taken on the fourteenth day of July, nineteen hundred and twenty, the Te Awamutu Borough Council was duly authorized to raise, under the Local Bodies Loans Act 1926, a special loan of eighty thousand dollars 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 one thousand seven hundred and twenty-four dollars and eighty-one cents: 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 seven hundred and sixteen dollars and twenty-three cents, 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 authorize 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 authorized to expend the sum of seven hundred and sixteen dollars and twenty-three cents out of the unexpended balance of the said loan of eighty thousand dollars in recouping its General Account for the cost of the said public convenience.

    The expressions eighty thousand dollars, one thousand seven hundred and twenty-four dollars and eighty-one cents and seven hundred and sixteen dollars and twenty-three cents were substituted, as from 10 July 1967, for the expressions forty thousand pounds, eight hundred and sixty-two pounds eight shillings and one penny and three hundred and fifty-eight pounds two shillings and fourpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

12 Validating irregularities in connection with Tauranga Borough Council's loan of $8,940 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 eight thousand nine hundred and forty dollars 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 two hereof: 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 authorized, 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.

    The expression eight thousand nine hundred and forty dollars was substituted, as from 10 July 1967, for the expression four thousand four hundred and seventy pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

13 Authorizing Tauranga Borough Council to recoup General Account from loan-moneys
  • Whereas on the fourteenth day of October, nineteen hundred and twenty-nine, the Tauranga Borough Council took a poll of rate-payers on a proposal to raise a loan of eight thousand dollars 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, $8,000) 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 one thousand nine hundred and forty-three dollars and seven cents, 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 one thousand nine hundred and forty-three dollars and seven cents from the Streets Improvement Loan $8,000 Account to the General Account is hereby validated and declared to have been lawfully made.

    The expressions eight thousand dollars, $8,000 and one thousand nine hundred and forty-three dollars and seven cents were substituted, as from 10 July 1967, for the expressions four thousand pounds, £4,000 and nine hundred and seventy-one pounds ten shillings and eightpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

14 Authorizing changing of purposes of portion of loan of $212,000 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 1926, the sum of two hundred and twelve thousand dollars 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, two hundred and two thousand dollars; and provision of funds for advances to ratepayers for connections to the said system under section two hundred and twenty-eight of the Municipal Corporations Act 1908, ten thousand dollars: 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 ten thousand dollars, and has in hand the balance of such sum—namely, the sum of nine thousand nine hundred and fifty-nine dollars and eighty-six cents: 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 nine thousand nine hundred and fifty-nine dollars and eighty-six cents 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 two hundred and two thousand dollars, 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 nine thousand nine hundred and fifty-nine dollars and eighty-six cents, being the unexpended balance of the said sum of ten thousand dollars raised by the said special loan, in or towards any of the purposes for which the sum of two hundred and two thousand dollars, part of the said special loan of two hundred and twelve thousand dollars, is to be applied.

    The expressions two hundred and twelve thousand dollars, two hundred and two thousand dollars, ten thousand dollars and nine thousand nine hundred and fifty-nine dollars and eighty-six cents were substituted, as from 10 July 1967, for the expressions one hundred and six thousand pounds, one hundred and one thousand pounds, five thousand pounds, four thousand nine hundred and seventy-nine pounds eighteen shillings and sevenpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

15 Authorizing 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 twenty 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 the twenty-first day of July, nineteen hundred and ten, registered as Number 8557, the Corporation leased the said land to one Albert Morgan Conroy for a term of twenty-one years from the twentieth day of June, nineteen hundred and ten, at the rental and subject to the covenants therein contained, including a covenant that one year before the expiry of the said term two 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 twenty-one 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 twenty-one 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 twenty-one years from the twentieth day of June, nineteen hundred and thirty-one; 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 Authorizing Raetihi Borough Council to expend unexpended balance of loan of $31,130
  • Whereas the Raetihi Borough Council (hereinafter called the said Council) was duly authorized by a poll of ratepayers on the twenty-eighth day of February, nineteen hundred and twenty-four, to raise a loan of thirty-one thousand one hundred and thirty dollars under the Local Bodies Loans Act 1956, 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 thirty-one thousand dollars: 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 thirty-one thousand dollars amounts to one thousand eight hundred and eighteen dollars and sixty-four cents: And whereas it is estimated that the completion of the remainder of the said works will cost not more than four hundred dollars, and that there will thereafter be a final unexpended balance of the said loan-moneys amounting to one thousand four hundred and eighteen dollars and sixty-four cents: 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 four hundred dollars 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 one thousand four hundred and eighteen dollars and sixty-four cents—firstly to refund to the General Account the sum of six hundred and four dollars and thirty-two cents 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.

    The expressions thirty-one thousand one hundred and thirty dollars, thirty-one thousand dollars, one thousand eight hundred and eighteen dollars and sixty-four cents, four hundred dollars, one thousand four hundred and eighteen dollars and sixty-four cents and six hundred and four dollars and thirty-two cents were substituted, as from 10 July 1967, for the expressions fifteen thousand five hundred and sixty-five pounds, fifteen thousand five hundred pounds, nine hundred and nine pounds six shillings and fivepence, two hundred pounds, seven hundred and nine pounds six shillings and fivepence and three hundred and two pounds three shillings and twopence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

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 the thirtieth day of September, nineteen hundred and thirty-one, the sum of two thousand dollars for the purpose of contributing to the fund established by the said Opotiki Borough Council for the relief of unemployment.

    The expression two thousand dollars was substituted, as from 10 July 1967, for the expression one thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

18 Authorizing Wellington City Council to accept a surrender of a lease and to grant a new lease
  • The Wellington City Council is hereby authorized 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 three roods and twenty-seven 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 authorized 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 ten years, commencing from the time when such surrender shall become effective, upon such terms and conditions as the said Council shall think fit.

19 Authorizing 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 ten acres one rood twenty-nine 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 five 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 twenty-five acres three roods twenty-one perches, more or less: And whereas it is expedient to authorize 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 four hundred dollars 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 eight dollars and twenty-five cents on the first day of November in each of the years nineteen hundred and thirty-one to nineteen hundred and forty-eight 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.

    The expressions four hundred dollars and eight dollars and twenty-five cents were substituted, as from 10 July 1967, for the expressions two hundred pounds and four pounds two shillings and sixpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

20 Validating agreement as to Eastbourne Borough water-supply, and authorizing the raising of a loan
  • Whereas in pursuance and exercise of the powers conferred upon it by section twenty-two of the Health Act 1920, the Board of Health, by requisition under its seal dated the thirteenth day of September, nineteen hundred and twenty-nine, 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 the fifth day of October, nineteen hundred and thirty-one, 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 fifteen years from the first day of March, nineteen hundred and thirty-two, 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 Authorizing Foxton Borough Council to continue to levy for four 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 the sixth day of October, nineteen hundred and ten, raised a loan of twenty-two thousand dollars, 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 two hundred and fifty-five forty-eighths of a cent in the dollar, 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 the fourteenth day of December, nineteen hundred and thirty-one, but the said special rate levied by the Council provided a sinking fund of only fifteen thousand two hundred and sixty-eight dollars and sixty-two cents, leaving a deficiency of six thousand seven hundred and thirty-one dollars and thirty-nine cents 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 the thirtieth day of June, nineteen hundred and thirty-one, and by so doing effected a saving of three thousand five hundred and twenty-four dollars and seventy-five cents, thus reducing the said deficiency to the net amount of three thousand two hundred and five dollars and sixty-one cents: 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 authorize 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 four years, commencing on the first day of April, nineteen hundred and thirty-two: Be it therefore enacted as follows:—

    The Council is hereby authorized to levy and collect the Gasworks Loan special rate for a period not exceeding four years, commencing on the first day of April, nineteen hundred and thirty-two, for the purpose of repaying to its bankers the said sum of three thousand two hundred and five dollars and sixty-one cents 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 three of the Local Bodies Finance Act 1921-22.

    The expressions twenty-two thousand dollars, two hundred and fifty-five forty-eighths of a cent in the dollar, fifteen thousand two hundred and sixty-eight dollars and sixty-two cents, six thousand seven hundred and thirty-one dollars and thirty-nine cents, three thousand five hundred and twenty-four dollars and seventy-five cents and three thousand two hundred and five dollars and sixty-one cents were substituted, as from 10 July 1967, for the expressions eleven thousand pounds, twopence and fifteen-sixteenths of a penny in the pound, seven thousand six hundred and thirty-four pounds six shillings and twopence, three thousand three hundred and sixty-five pounds thirteen shillings and tenpence, one thousand seven hundred and sixty-two pounds seventeen shillings and ninepence and one thousand six hundred and two pounds sixteen shillings and one penny, pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

22 Authorizing 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 one thousand two hundred and seventy-four dollars 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 authorized, and shall be deemed to have been authorized, 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 twenty-six of the Fire Brigades Act 1926.

    The expression one thousand two hundred and seventy-four dollars was substituted, as from 10 July 1967, for the expression six hundred and thirty-seven pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

23 Special provision respecting leases granted by Auckland City Council
  • Whereas the Auckland City Council (hereinafter referred to as the Council) has for some time past granted leases under its leasing-powers contained in section 153 of the Municipal Corporations Act 1920 (hereinafter referred to as the said Act), and the corresponding sections of the earlier Municipal Corporations Acts since repealed: And whereas the said leases contain a provision that the valuation required by the said section 153 shall be made in manner provided by section 154 of the said Act: And whereas difficulties have arisen in obtaining a unanimous agreement as to the valuation by the three independent persons mentioned in the said section 154: Be it therefore enacted as follows:—

    (1) In every lease granted by the Council containing a provision that any valuation thereunder shall be made in manner provided by section 154 of the said Act it shall be lawful for the Council to require such valuation to be made by two arbitrators, one to be appointed by the Corporation and the other by the lessee, his executors, administrators, or assigns, and such arbitrators may appoint an umpire.

    (2) Where not otherwise inconsistent with the context of any such lease, the provisions of the Arbitration Act 1908, shall apply in respect of every such valuation.

    (3) It shall be lawful for the Council to require a valuation to be made pursuant to this section in all cases where no valuation has been made or where an attempt at fixing a valuation has proved abortive.

    (4) This section shall continue in force until the thirty-first day of March, nineteen hundred and thirty-four, and no longer.

24 Authorizing Auckland City Council to raise a special loan of $18,000
  • Whereas the Auckland City Council (hereinafter referred to as the Council) was recently authorized to raise a loan of three hundred and ninety-seven thousand two hundred dollars for the purpose of redeeming a portion of the outstanding liability in respect of a loan of six hundred and twenty thousand four hundred dollars maturing on the first day of January, nineteen hundred and thirty-one: And whereas it was anticipated that surplus sinking funds of the consolidated loan of eighteen hundred and seventy-nine 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 eighteen thousand dollars by way of special loan under the provisions of the Local Bodies Loans Act 1926, but without taking the steps described in sections nine to thirteen 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 eighteen thousand dollars, and such special rate may be levied as part of the special rate made and levied in respect of the said loan of three hundred and ninety-seven thousand two hundred dollars, or may be levied in addition to the said special rate.

    The expressions eighteen thousand dollars, three hundred and ninety-seven thousand two hundred dollars and six hundred and twenty thousand four hundred dollars were substituted, as from 10 July 1967, for the expressions one hundred and ninety-eight thousand six hundred pounds, three hundred and ten thousand two hundred pounds and nine thousand pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

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 the twenty-third day of February, nineteen hundred and thirty-one, and gazetted on the twenty-sixth day of the same month, 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 $2,490 out of loan-moneys
  • Whereas the sum of two thousand four hundred and ninety dollars 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 authorized 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 authorized 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 two thousand four hundred and ninety dollars or any part thereof.

    The expression two thousand four hundred and ninety dollars was substituted, as from 10 July 1967, for the expression one thousand two hundred and forty-five pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

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 five hundred thousand dollars on the security of debentures to be sold and issued by the Board, repayable on the first day of October, nineteen hundred and fifty, 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 eleven thousand dollars, being a part of the said sum of five hundred thousand dollars, on the security of the debentures described in subsection two hereof, repayable on the first day of April, nineteen hundred and sixty-six: 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 the first day of April, nineteen hundred and sixty-six, is hereby validated and declared to have been lawfully made, and the said sum of eleven thousand dollars 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) Ten debentures of two hundred dollars each, numbered respectively 800 to 809, dated the first day of October, nineteen hundred and twenty-nine, bearing interest at the rate of five and one-half per centum per annum, and repayable on the first day of April, nineteen hundred and sixty-six; and

    • (b) One debenture of nine thousand dollars, numbered 810, dated the first day of September, nineteen hundred and thirty, bearing interest at the rate of five and three-quarters per centum per annum, and repayable on the first day of April, nineteen hundred and sixty-six.

    The expressions five hundred thousand dollars, eleven thousand dollars, two hundred dollars and nine thousand dollars were substituted, as from 10 July 1967, for the expressions two hundred and fifty thousand pounds, five thousand five hundred pounds, one hundred pounds and four thousand five hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

28 Authorizing Taranaki 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 authorized 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 eleven 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 twenty-one years from the eleventh day of August, nineteen hundred and thirty-one, at the annual rental of thirty-two dollars per annum, and upon such terms and conditions as the Taranaki Harbour Board may decide, including a provision giving the lessee a perpetual right of renewal in accordance with paragraph (e) of section five of the Public Bodies Leases Act 1908.

    The words Taranaki Harbour Board were substituted, as from 1 September 1965, for the words Patea Harbour Board pursuant to section 15(2) Taranaki Harbours Act 1965 (1965 No 4).

    The expression thirty-two dollars was substituted, as from 10 July 1967, for the expression sixteen pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

29 Making provision with respect to remission or postponement of rents due in respect of certain land vested in Oamaru Harbour Board
  • Whereas by the Oamaru Harbour Board Ordinance, 1874, a corporate body styled the Oamaru Harbour Board was constituted for the purpose expressed in the said Ordinance: And whereas by the Oamaru Harbour Board Act 1876, the land described in subsection three hereof was set apart as an endowment for the said Board for the purposes of the said Act and the said Ordinance: And whereas by the Oamaru Harbour Board Act 1881, it was enacted that the said land should be and remain subject in all respects to, inter alia, the provisions of the Land Act 1877, and the Schedules thereto, so far as the said Act and Schedules were applicable or in force within the Otago Land District, and that the Land Board of the Otago Land District should cease to exercise or perform any powers, duties, or functions in or over the said land; but that the same should thereafter be exercised and performed by the Oamaru Harbour Board as though it had originally been named and designated in the said Act and Schedules instead of the said Land Board: And whereas the Oamaru Harbour Board has, in exercise of the powers conferred upon it, issued licenses to occupy parts of the said land for pastoral purposes, and application has been made to the said Harbour Board to remit or postpone the payment of certain of the rents payable under such licenses, but doubts have arisen as to the Board's power so to do and it is expedient to set such doubts at rest: Be it therefore enacted as follows:—

    (1) While this section continues in force, and subject to the next succeeding subsection, the provisions of section 124 of the Land Act 1924, and of any amendments thereof for the time being in force, shall extend and apply to the holder of any license granted by the Oamaru Harbour Board in respect of any part of the said land; and the Minister of Lands and the said Harbour Board shall have and may exercise in respect of any such license all the powers and authorities conferred by the said provisions upon the Minister of Lands and a Land Board respectively as if the holder of such license were a Crown tenant as defined in section 123 of the Land Act 1924.

    (2) This section shall continue in force until the expiration of a period of five years from the passing of this Act, and shall then expire. The expiry of this section shall not affect anything theretofore done, but this section shall not be deemed to authorize the remission of any rent payable in respect of a period after such expiry, or to authorize the postponement of the payment of any rent to a date later than such expiry.

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

    All that parcel of land in the Provincial District of Otago, containing sixty-five thousand acres, more or less, being Run Number 160 on the map of the said district: bounded towards the north by Run Number 1 of C; towards the east by the Waitaki River and Run Number 243; towards the south by the west branch of the Otamatakau River; and towards the west by Runs Numbers 403 and 322; excepting from the above description all freeholds, pre-emptive rights, roads, or other reserves: as the same is delineated on the maps of the said provincial district deposited in the Survey Office in Dunedin.

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

    The references to the Southland Harbour Board were substituted, as from 29 August 1958, for references to the Bluff Harbour Board pursuant to section 4(3) Southland Harbour Board Act 1958 (1958 No 6).

    Section 30 was repealed, as from 1 May 1988, by section 44 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 Authorities' Loans Act 1956, 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 the twenty-seventh day of January, nineteen hundred and thirty-one, and published in the Gazette of the fifth day of February, nineteen hundred and thirty-one; 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 one hereof, 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.

    The reference to the Local Bodies Loans Act 1926 (1926 No 14) was substituted, as from 1 April 1957, by a reference to the Local Authorities' Loans Act 1956 by section 135(1) Local Authorities' Loans Act 1956 (1956 No 63). That Act was in turn repealed, as from 1 July 1998, by section 17(1) Local Government Amendment Act (No 3) 1996 (1996 No 83).

32 Authorizing Poverty Bay Electric-power Board to transfer from $156,000 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 the tenth day of April, nineteen hundred and thirty-one, duly authorized by the ratepayers of the Poverty Bay Electric-power District to raise a loan of one hundred and fifty-six thousand dollars 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 twenty-three thousand seven hundred and six dollars 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 utilize 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 authorized to utilize 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 utilized to the Power Fund Account from the separate account kept in respect of the said loan.

    The expressions one hundred and fifty-six thousand dollars and twenty-three thousand seven hundred and six dollars were substituted, as from 10 July 1967, for the expressions seventy-eight thousand pounds and eleven thousand eight hundred and fifty-three pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

33 Making provision with respect to payment by Otago Electric-power Board to Depreciation Fund Commissioners
  • Notwithstanding anything to the contrary in section twenty-two of the Electric-power Boards Amendment Act 1927, the Otago Electric-power Board may postpone until the expiration of a period of nine 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 two thereof shall apply accordingly as if the references therein to a period of seven years were references to a period of nine years.

Hospital boards.

34 Authorizing the Wellington Hospital Board to dispose of the TG 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 eighteen acres two roods twenty-four 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 TG 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 seventy-five of the Hospitals and Charitable Institutions Act 1926, a convalescent home for children, or for adults and children, to be named the TG 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 Authorizing Auckland Hospital Board to expend a donation under the Savings-banks Act 1908
  • Whereas the trustees of the Auckland Savings-bank on the twenty-fourth day of April, nineteen hundred and thirty, made a donation of one thousand five hundred dollars 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 thirty-eight of the Savings-Banks Act 1908, as amended by section four 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 authorized and empowered to apply the said sum of one thousand five hundred dollars towards the purchase of a supply of radium for use in the said institutions.

    The expression one thousand five hundred dollars was substituted, as from 10 July 1967, for the expression seven hundred and fifty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

36 Validating contribution by Wellington Hospital Board to Wellington City Council for unemployment purposes
  • The payment by the Wellington Hospital Board on the eighteenth day of February, nineteen hundred and thirty-one, of the sum of one thousand four hundred dollars 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.

    The expression one thousand four hundred dollars was substituted, as from 10 July 1967, for the expression seven hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

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 three hereof (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 ten 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 $134,616 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 twenty-three thousand nine hundred and twenty-six dollars and eighty-five cents, being the unexpended balance of a loan of one hundred and thirty-four thousand six hundred and sixteen dollars which the Board was in the year nineteen hundred and twenty-four authorized to raise under the provisions of the Hospitals and Charitable Institutions Amendment Act 1920 (No 2), and the Local Bodies Loans Act 1926, 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 forty-eight of the Finance Act 1929: Be it therefore enacted as follows:—

    The expenditure of the said sum of twenty-three thousand nine hundred and twenty-six dollars and eighty-five cents as aforesaid is hereby validated and declared to have been lawfully made.

    The expressions one hundred and thirty-four thousand six hundred and sixteen dollars and twenty-three thousand nine hundred and twenty-six dollars and eighty-five cents were substituted, as from 10 July 1967, for the words sixty-seven thousand three hundred and eight pounds and eleven thousand nine hundred and sixty-three pounds eight shillings and sixpence pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

39 Authorizing Wellington Hospital Board to transfer certain land to His Majesty the King
  • Whereas the land described in subsection two hereof 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 authorized 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 eighty-four acres six 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 fifteen 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 fifteen, 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 fifteen 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 sixty-seven 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 authorized to be raised by subsection one of the said section sixty-seven 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 two of the said section sixty-seven, 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 four thousand two hundred and eighty dollars, payable in instalments extending over three financial years: And whereas the instalments payable during the first two years of the said period of three 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.

    The expression four thousand two hundred and eighty dollars was substituted, as from 10 July 1967, for the expression two thousand one hundred and forty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

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 three years from the making thereof for the protection from fire of the Newmarket Fire District in terms of section sixty-four 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 Authorizing 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 two roods eight 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 one acre one rood thirty-two 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 two or more classes of local authorities.

45 Authorizing certain local authorities to contribute to Wellington Branch of New Zealand Free Ambulance Transport Service
  • All local authorities mentioned hereunder are hereby authorized and empowered to pay to the New Zealand Free Ambulance Transport Service (Wellington Branch), Incorporated, in the year ending on the thirty-first day of March, nineteen hundred and thirty-two, such sums as they think fit, not exceeding in any case the respective amounts hereinafter specified—namely, the Lower Hutt Borough Council, four hundred dollars; the Petone Borough Council, four hundred and twenty dollars; the Upper Hutt Borough Council, two hundred dollars; the Eastbourne Borough Council, one hundred dollars; the Hutt County Council, three hundred dollars; the Makara County Council, one hundred and seventy-two dollars; the Johnsonville Town Board, fifty-four dollars; the Wellington Harbour Board, six hundred dollars; the Wellington Hospital Board, one thousand eight hundred dollars; and the Wellington City Council, one thousand dollars.

    The expressions four hundred dollars, four hundred and twenty dollars, two hundred dollars, one hundred dollars, three hundred dollars, one hundred and seventy-two dollars, fifty-four dollars, six hundred dollars, one thousand eight hundred dollars and one thousand dollars were substituted, as from 10 July 1967, for the expressions two hundred pounds, two hundred and ten pounds, one hundred pounds, fifty pounds, one hundred and fifty pounds, eighty-six pounds, twenty-seven pounds, three hundred pounds, nine hundred pounds and five hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

46 Validating certain agreements between New Plymouth Borough Council and other local authorities relating to electrical supply
  • Whereas by an agreement dated the sixteenth day of June, nineteen hundred and twenty-four (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 ten 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 the first day of September, nineteen hundred and twenty-four: And whereas the Inglewood agreement further provided that such agreement should be renewed for a further period of ten years if the Inglewood Corporation within twelve 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 the sixteenth day of May, nineteen hundred and twenty-eight, the Inglewood agreement was modified by the alteration of certain terms thereof other than the provisions hereinbefore recited: And whereas by an agreement dated the fourth day of November, nineteen hundred and twenty-four (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 ten years from the first day of March, nineteen hundred and twenty-five: And whereas by a deed dated the eighth day of August, nineteen hundred and twenty-eight, the Waitara agreement was modified by the alteration of certain terms thereof other than the provisions hereinbefore recited: And whereas by an agreement dated the seventeenth day of January, nineteen hundred and twenty-seven, 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 ten years from the first day of November, nineteen hundred and twenty-six: And whereas by a deed dated the twentieth day of February, nineteen hundred and twenty-eight, 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 the second day of June, nineteen hundred and thirty, the said agreement was further modified by reducing the net charge for electricity supplied during certain hours: And whereas by an agreement dated the twenty-fourth day of October, nineteen hundred and twenty-eight, 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 the thirtieth day of September, nineteen hundred and thirty-one: And whereas the two 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 four hereof, 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 four hereof, the parties to each of the said agreements are hereby authorized 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 the thirtieth day of September, nineteen hundred and thirty-three; 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 Authorizing 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 authorized each to pay to the Cawthron Institute a sum not exceeding one hundred dollars in each financial year during the period ending on the thirty-first day of March, nineteen hundred and thirty-seven, the first payment to be made during the financial year commencing on the first day of April, nineteen hundred and thirty-two, as a contribution towards a scientific investigation by the Institute of the utilization 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.

    The expression one hundred dollars was substituted, as from 10 July 1967, for the expression fifty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

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 the thirty-first day of March, nineteen hundred and thirty-three, 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 the first day of April, nineteen hundred and thirty-one, 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 authorized 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 authorized to lease to the New Zealand Free Ambulance Transport Service (Wellington Branch), Incorporated, a part, situate at the eastern end, and not exceeding twenty-nine 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 fifty years from the first day of October, nineteen hundred and thirty-one, at a yearly rental of one hundred and four dollars, 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 three 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 license from the Wellington Harbour Board under that section.

    The words one hundred and four dollars was substituted, as from 10 July 1967, for the words fifty-two pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

50 Authorizing Halswell County Council to assign electric-works license to Christchurch City Council
  • Whereas the Halswell County Council is the holder of a license dated the second day of June, nineteen hundred and nineteen, issued to the Council under the authority of section two 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 license 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 license: 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 authorize the said assignment of license 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 license and the sale by the Halswell County Council to the Christchurch City Council of the said electric works is hereby authorized, and upon the completion of such assignment and sale the said license 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 license.

Miscellaneous.

51 Validating payment by Maori Trustee to Akitio County Council of $1,000 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 Maori Trustee on the twentieth day of April, nineteen hundred and thirty-one, paid to the said Council the sum of one thousand dollars as a payment in advance of rates thereafter to become payable by the Maori Trustee to the said Council in respect of the said land: And whereas the said Council agreed to credit to the Maori Trustee in reduction of such rates to become payable as aforesaid the said sum of one thousand dollars, together with interest thereon or on so much thereof as from time to time remains uncredited at the rate of six per centum per annum, the total amount to be so credited in each year being the sum of two hundred dollars 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 one thousand dollars by the Maori 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 authorized to credit such sum and interest as aforesaid pursuant to such agreement.

    The words one thousand dollars and two hundred dollars were substituted, as from 10 July 1967, for the words five hundred pounds and one hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

    The word Maori was substituted, as from 27 November 1947, for the word Native pursuant to section 2(2) Maori Purposes Act 1947 (1947 No 59).

52 Authorizing 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 one thousand four hundred dollars 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 three years before the meeting shipped stock from the Chatham Islands at which not less than ten 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 fourteen 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.

    The expression one thousand four hundred dollars was substituted, as from 10 July 1967, for the expression seven hundred pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

53 Abolishing the Rotongata Rabbit-proof Fencing District
  • Whereas by Warrant dated the nineteenth day of September, nineteen hundred and twenty-five, and published in the Gazette of the first day of October of the same year, 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 the twenty-second day of December, nineteen hundred and twenty-one, and published in the Gazette of the same day, 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 Authorizing Petone and Lower Hutt Gas-lighting Board to raise a special loan of $14,500
  • Whereas the Petone and Lower Hutt Gas-lighting Board (hereinafter referred to as the said Board) was by section four 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 twenty-eight thousand dollars raised by the Corporation of the Borough of Lower Hutt, of which a sum of nineteen thousand dollars 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 the thirteenth day of April, nineteen hundred and thirty-one, and published in the Gazette on the sixteenth day of the same month, the precedent consent of the Governor-General in Council was given to the raising by the said Board of a special loan of fourteen thousand five hundred dollars 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 fourteen thousand five hundred dollars for the purpose of paying off the balance of nineteen thousand dollars, being the amount outstanding in respect of the said loan of twenty-eight thousand dollars.

    (2) The provisions of the said Act, including in particular sections thirty-two and one hundred and fourteen thereof shall, so far as applicable, apply to all loans that may be raised under the authority of this section.

    The expressions twenty-eight thousand dollars, nineteen thousand dollars and fourteen thousand five hundred dollars were substituted, as from 10 July 1967, for the expressions fourteen thousand pounds, nine thousand five hundred pounds and seven thousand two hundred and fifty pounds pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).