Local Legislation Act 1934

Reprint
as at 4 September 1950

Coat of Arms of New Zealand

Local Legislation Act 1934

Public Act1934 No 33
Date of assent13 November 1934
Commencement13 November 1934

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This Act is administered by the Department of Internal Affairs.


Contents

Title

1 Short Title

County Councils

2 Extending period of appointment of Commissioner for County of Matakaoa [Repealed]

3 Provision respecting expenditure by Buller County Council on repair of earthquake and flood damage [Repealed]

4 Validating allocation of interest charges on bridges loan of £209,000 raised by Patangata County Council

5 Fixing boundaries of Sounds County

6 Legalising a special loan of £4,000 raised by the Waitotara County Council in respect of the Ahu Ahu Special-rating District

7 Validating certain payments of interest by Waiapu County Council

City and Borough Councils

8 Authorising Auckland City Council to raise special loan not exceeding £29,000

9 Special provisions with respect to sinking funds of certain original and renewal loans raised by the Auckland City Council

10 Authorising remission of rates by Gisborne Borough Council

11 Provision with respect to encroachment of Druids' building on Lambton Quay and Woodward Street

12 Authorising Taihape Borough Council to expend certain moneys held in trust for purchase of land

13 Extension of time for construction of Evans Bay reclamation

14 Authorising transfer of cemetery and maintenance fund to Corporation of the City of Nelson

15 Authorising Hawera Borough Council to erect hotel and other business premises on certain corporation land

16 Provision with respect to amalgamation of depreciation funds created by Eastbourne Borough Council in respect of transport undertakings

17 Authorising Akaroa Borough Council to take poll re weekly half-holiday

Town Boards

18 Authorising Mount Maunganui Town Board to pay costs of Commission in connection with the constitution of Mount Maunganui Town District

Harbour Boards

19 Authorising sale of certain land by Timaru Harbour Board

20 Validating payment of certain costs relating to renewal loans by New Plymouth Harbour Board out of sinking funds

21 Section 70 of Local Legislation Act 1928 amended

22 Authorising payments of remuneration by Wellington Harbour Board to any Sinking Fund Commissioner

23 Empowering Lyttelton Harbour Board to sell certain property at Sumner to Sumner Borough Council

24 Validating proceedings in connection with certain loans raised by Otago Harbour Board

25 As to payment of interest, etc, on Thames Harbour Board loans for year ending 30 September 1935 [Repealed]

26 Validating demand for Thames Harbour Board rates for year ended 30 September 1934 [Repealed]

27 Authorising Whangarei Harbour Board to borrow a sum of £2,000

Hospital Boards

28 Removing doubts as to purposes of expenditure by Hawke's Bay Hospital Board of Kelly bequest

29 Vesting hospital site in Wairoa Hospital Board

Electric Power Boards

30 Authorising Waimea Electric-power Board to borrow a sum of £2,400 by way of overdraft

31 Authorising Wairoa Electric-power Board to capitalise certain arrears of interest

32 Validating certain judgments for rates obtained by Marlborough Electric-power Board

River and Drainage Boards

33 Authorising Taupiri Drainage and River Board to raise loan of £10,000 for contribution towards certain drainage works

Affecting 2 or more classes of public bodies

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

35 Validating certain terms of agreement between Hastings Borough Corporation and Hawke's Bay Electric-power Board

36 Revesting in the Masterton Trust Lands Trustees certain pieces of land vested in Masterton Borough Corporation [Repealed]

37 Authorising dedication by the Masterton Trust Lands Trustees of certain land for street purposes in the Borough of Masterton [Repealed]

38 Validating expenditure incurred by Hastings Borough Council and Bluff and Lyttelton Harbour Boards in connection with relief of distress

Miscellaneous

39 Validating issue of certain debentures by Motunau Rabbit Board

40 Abolishing the Blackstone Hill Rabbit District

41 Authorising Masterton Trust Lands Trustees to borrow a sum not exceeding £3,000 for the purpose of repairing earthquake damage [Repealed]

42 Authorising Cornwall Park Trustees to grant an extended lease of portion of Cornwall Park to the Auckland Metropolitan Agricultural and Pastoral Association, Incorporated


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

1 Short Title
  • This Act may be cited as the Local Legislation Act 1934.

County Councils

2 Extending period of appointment of Commissioner for County of Matakaoa
  • [Repealed]

    Section 2: repealed, on 11 December 1937, by section 11(2) of the Local Legislation Act 1937 (1937 No 25).

3 Provision respecting expenditure by Buller County Council on repair of earthquake and flood damage
  • [Repealed]

    Section 3: repealed, on 31 October 1936, by section 5(4) of the Local Legislation Act 1936 (1936 No 54).

4 Validating allocation of interest charges on bridges loan of £209,000 raised by Patangata County Council
  • Whereas the Patangata County Council (hereinafter called the Council) pursuant to a proposal carried by the ratepayers of the Patangata County on 22 March 1921 was authorised to raise a loan of 209,000 pounds (hereinafter called the said loan) for the purpose of re-erecting and renewing all the bridges and culverts in the said county, the sum of 171,992 pounds being allocated to the several ridings of the said county, and the remainder to the general purposes of the county:

    And whereas of the amount authorised the sum of 60,000 pounds has been raised and expended:

    And whereas the security for the said loan was stated in the proposal as set out in the voting paper to be an annual special rate of 3 farthings in the pound, to be made and levied on the capital value of all rateable property in the Patangata County, such rate to be an annual-recurring rate until the said loan is repaid:

    And whereas the Council passed a special order on 7 February 1922 providing that in lieu of a special rate of 3 farthings in the pound on the capital value of all rateable property in the Patangata County, special rates to the extent necessary to meet interest, sinking fund, and other charges upon the amount of the said loan expended in each riding be struck and levied on the capital value of each riding:

    And whereas the action of the Council was without authority of law:

    And whereas it is now desired that such unlawful action be validated in respect of the period up to and including 31 March 1934, and that authority be given to strike similar special rates over the several ridings for the year ending on 31 March 1935:

    Be it therefore enacted as follows:

    (1) The action of the Council hitherto in paying the annual charges on the said loan out of riding funds in proportion to the amounts of the said loan expended in the respective ridings is hereby validated.

    (2) The Council may make and levy special rates to the extent necessary to provide for the annual charges on the said loan for the year ending on 31 March 1935 upon the basis set out in the last preceding subsection.

5 Fixing boundaries of Sounds County
  • Whereas doubts have arisen as to the boundaries of the County of Sounds:

    And whereas it is desirable to remove such doubts and to fix the boundaries of the said county:

    Be it therefore enacted as follows:

    The County of Sounds is hereby declared to consist of—

    All those areas of land above mean high-water mark situated in the Nelson and Marlborough Land Districts, including the mainland and islands lying within an area bounded by a line commencing at a point on the sea coast at Pukerau Point; thence along a right line running due north to its intersection with the parallel of latitude 40°30′S; thence due east along that parallel of latitude to its intersection with the meridian of longitude 174°30′E; thence due south along that meridian to a point due east of the southernmost point of White's Bay; thence along a right line to the southernmost point of White's Bay; thence along the boundaries of the Marlborough County as described in the Gazette of 10 March 1932, page 473, to North Castor Peak; thence along a right line from North Castor Peak to Pukerau Point, the place of commencement.

6 Legalising a special loan of £4,000 raised by the Waitotara County Council in respect of the Ahu Ahu Special-rating District
  • Whereas on 17 November 1911 the Waitotara County Council (hereinafter called the Council) was, pursuant to section 15 of the Local Bodies’ Loans Act 1908, authorised by ratepayers of portion of the County of Waitotara to raise a special loan of 4,000 pounds (hereinafter referred to as the said loan) on the security of a special rate over a portion of the county known for the purposes of the said loan as the Ahu Ahu Special-rating District (hereinafter referred to as the Ahu Ahu District):

    And whereas the Ahu Ahu District was incorrectly defined by the Council:

    And whereas such special rate was made as a rate of 2 pence and 1 farthing in the pound on the rateable value of all rateable property in the Ahu Ahu District:

    And whereas the said loan was raised under the New Zealand State-guaranteed Advances Act 1909 as to portion thereof at one rate of interest and as to another portion thereof at a higher rate of interest than that contemplated when such special rate was made and levied:

    And whereas it accordingly became necessary to make provision in addition to such special rate to meet the increased annual payments in respect of the said loan:

    And whereas in making such additional provision pursuant to section 3 of the New Zealand State-guaranteed Advances Amendment Act 1912 the Council mistakenly made a special rate of 2 pence and three-eighths of a penny instead of one-eighth of a penny in the pound on the rateable value of all rateable property in the Ahu Ahu District:

    And whereas it is expedient to make provision as hereinafter appears to legalise the said loan:

    Be it therefore enacted as follows:

    (1) It is hereby declared that the said loan shall for all purposes be deemed to have been lawfully raised by the Council.

    (2) The Ahu Ahu District is hereby declared to consist, and at all relevant times heretofore to have consisted, of—

    • Section 1, Block II, Waipakura Survey District: 1 680 acres 3 roods 34 perches;

    • Puketotara 2D 2B 2, Block 9, Tauakira Survey District: 2 339 acres and 29 perches;

    • Section 3, Block 12, Momahaki Survey District: 1 341 acres 1 rood;

    • Section 3, Block 13, Tauakira Survey District: 1 918 acres;

    • Section 2, Block 13, Tauakira Survey District: 1 820 acres 3 roods 19 perches;

    • Section 1, Block 14, Tauakira Survey District: 1 058 acres;

    • Section 1, Block 12, Momahaki Survey District: 1 946 acres;

    • Section 2, Block 14, Tauakira Survey District: 1 916 acres;

    • Section 3, Block 14, Tauakira Survey District: 1 270 acres; and

    • Section 1, Block 9, Tauakira Survey District: 1 202 acres.

    (3) The Council shall for all purposes be deemed to have duly made—

    • (a) on 8 January 1912, a special rate of 2 pence and 1 farthing in the pound on the rateable value of all rateable property in the Ahu Ahu District for the purposes of the said loan; and

    • (b) on 3 March 1913, pursuant to subsection (1) of section 3 of the New Zealand State-guaranteed Advances Amendment Act 1912, a special rate of one-eighth of a penny in the pound on the rateable value of all such rateable property as aforesaid to meet the increased annual payments in respect of the said loan consequent on part thereof having been raised at such higher rate of interest as aforesaid.

    (4) All relevant resolutions of the Council and notices in the Gazette and other relevant instruments, documents, and papers in respect of the said loan shall be read as at all times defining the Ahu Ahu District to consist of the lands mentioned in subsection (2), and as mentioning the said rate of one-eighth of a penny instead of a rate of 2 pence and three-eighths of a penny as aforesaid.

    (5) The raising by the Council of an additional loan of 10% of the said loan and the making of a special rate of 1 farthing in the pound on the rateable value of all rateable property in the Ahu Ahu District in connection with such additional loan shall not be questioned in any court on any ground whatever.

7 Validating certain payments of interest by Waiapu County Council
  • The payments made by the Waiapu County Council, amounting to the sum of 50 pounds 4 shillings and 4 pence in the financial year ended 31 March 1931, and amounting to the sum of 25 pounds 2 shillings and 2 pence in the financial year ended 31 March 1932, for interest on purchase money payable in respect of the purchase of a cottage, which was required for county purposes, are hereby respectively validated and declared to have been lawfully made.

City and Borough Councils

8 Authorising Auckland City Council to raise special loan not exceeding £29,000
  • Whereas certain leases granted by the Auckland City Council (hereinafter called the Council) or its predecessors in title, have recently expired and other leases will shortly expire:

    And whereas under some of such leases compensation is payable or has already been paid by the Council in respect of buildings erected in terms of such leases:

    And whereas it became necessary for the Council to commence certain substantial alterations, improvements, and repairs to some of the buildings acquired by the Council under such expired leases, and it will be necessary for the Council to carry out alterations, improvements, and repairs to the buildings affected by the leases shortly to expire:

    And whereas part of the compensation under such expired leases and part of the expenditure on such buildings has already been advanced by the Council out of its General Account:

    And whereas the Council is desirous of raising a loan for the purpose of providing the moneys required for such further works and compensation and for the purpose of repaying to the General Account the moneys already advanced thereout by the Council as aforesaid:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised to borrow by way of special loan a sum or sums not exceeding in the aggregate 29,000 pounds for the following purposes:

    • (a) providing funds for the payment of compensation payable under any leases granted by the Council or its predecessors in title which have already expired or will expire during the period from 1 April 1933 to 31 March 1935:

    • (b) providing funds for the cost of alterations, improvements, and repairs to buildings the leases of which have already expired or will expire during the aforesaid period, including the buildings known as the Victoria Arcade in the City of Auckland.

    (2) The Council is hereby authorised and empowered to refund to its General Account from the proceeds of any such loan all moneys heretofore or hereafter paid or advanced by the Council on account of the compensation and works aforesaid.

9 Special provisions with respect to sinking funds of certain original and renewal loans raised by the Auckland City Council
  • Whereas on 1 January 1934 the sum of 100,000 pounds, being portion of a loan known as Additional Loan, 1883, £200,000 (hereinafter referred to as the first original loan), raised in London by the Auckland City Council (hereinafter called the Council) under the City of Auckland Additional Loan Act 1883, fell due:

    And whereas on 1 January 1934 the sum of 100,000 pounds, being portion of a loan known as Streets Improvement Loan, 1913, £225,000 (hereinafter referred to as the second original loan), raised by the Council under the Local Bodies’ Loans Act 1908, fell due:

    And whereas by an Order in Council under the Local Government Loans Board Act 1926, dated 13 November 1933 (and subject to the determinations as to borrowing and repayment therein set out), consent was given to the raising by the Council of the following loans (hereinafter referred to as the repayment loans), namely—Additional Loan 1883 Redemption Loan, 1934, £100,000; Streets Improvement 1913 (£225,000) Redemption Loan, 1934, £100,000:

    And whereas pursuant to an Order in Council under the Local Government Loans Board Act 1926, dated 4 December 1933, consenting to the borrowing of the sum of 200,000 pounds (pending the raising thereof by way of special loans) by the hypothecation or mortgage of the debentures authorised to be issued in respect of the repayment loans, the Council borrowed the said sum of 200,000 pounds from the Bank of New Zealand, and the moneys so borrowed by the Council from the said bank were applied in repayment of the said sum of 100,000 pounds under the first original loan and of the sum of 100,000 pounds under the second original loan, of which portions were paid in London and the balances in New Zealand:

    And whereas the balance of the first original loan falls due as follows—25,000 pounds on 1 January 1935; 25,000 pounds on 1 January 1936; 25,000 pounds on 1 January 1937; 25,000 pounds on 1 January 1938:

    And whereas the balance of the second original loan amounts to 100,000 pounds and the maturity date thereof was fixed for 1 August 1935, but such balance or sum of 100,000 pounds has now been converted and included in the Auckland City Conversion Loan, 1934:

    And whereas the Auckland City Sinking Funds Commissioners (hereinafter called the Commissioners), pursuant to a sanction of the Local Government Loans Board, granted on 3 November 1933, have retained the sum of 100,000 pounds of the accumulated sinking fund held by them in respect of the first original loan for the purpose of repaying the Additional Loan 1883 Redemption Loan, 1934, £100,000, at maturity:

    And whereas the Commissioners, pursuant to a sanction of the Local Government Loans Board, granted on 3 November 1933, have retained the whole of the accumulated sinking fund held by them in respect of the second original loan for the purpose of repaying the Streets Improvement 1913 (£225,000) Redemption Loan, 1934, £100,000, at maturity:

    And whereas the totals as at 31 March 1934 of the respective sinking funds established in respect of the first and second original loans were 223,483 pounds and 108,773 pounds respectively, and the Council is desirous that the interest on the said respective sinking funds should be paid to the Council:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything contained in the Local Bodies’ Loans Act 1926 or in any other Act, the Commissioners shall pay to the Council the whole of the net interest received during the period from 1 January 1934 to 31 March 1936 from the respective sinking funds held by the Commissioners in respect of the first and second original loans, and the Council shall apply such interest in or towards paying the interest on the outstanding balance of the first original loan and the interest on the repayment loans.

    (2) The Commissioners shall, on demand, pay to the Council, out of the said respective sinking funds, such portions of the said 2 several sums of 100,000 pounds which fell due on 1 January 1934 as were paid in New Zealand respectively.

    Section 9(1): amended, on 31 October 1936, by section 20 of the Local Legislation Act 1936 (1936 No 54).

10 Authorising remission of rates by Gisborne Borough Council
  • Whereas the Gisborne Borough Council (hereinafter called the Council) is desirous of obtaining authority to remit rates amounting to 36 pounds 3 shillings and 8 pence (hereinafter referred to as the said rates), being the rates for the current year ending on 31 March 1935, levied by the Council, and due and payable by the Gisborne and East Coast Young Men's Christian Association, Incorporated, in respect of that piece of land situated in the Borough of Gisborne, containing 1 rood 36 perches, being 1 of 1 of 130 of 6A Fitzherbert Street, situated in the Borough of Gisborne, and numbered 2351 on the district valuation roll for that borough:

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

    Be it therefore enacted as follows:

    The Council is hereby authorised to remit the said rates and to absolve the said association and the said lands from liability in respect thereof.

11 Provision with respect to encroachment of Druids' building on Lambton Quay and Woodward Street
  • Whereas the building belonging to the trustees, Grand Lodge United Ancient Order of Druids, North Island of New Zealand (hereinafter called the trustees), situate on part of Section 487 in the City of Wellington, encroaches in 2 places on Lambton Quay as aligned at that part of such street for spaces varying in width from six one-hundredths of a link to ten one-hundredths of a link and also encroaches in 6 places on Woodward Street as aligned at that part of such street for spaces varying in width from ten one-hundredths of a link to twenty-two one-hundredths of a link, which encroachments have existed since the erection of the building in or about the year 1925:

    And whereas the trustees have applied to the Wellington City Council to license them to continue the said encroachments during the life of the present building:

    Be it therefore enacted as follows:

    The Wellington City Council is hereby empowered to grant to the trustees and their privies a licence to occupy the parts of the said streets so occupied as aforesaid during such period as the said building at present existing shall remain.

12 Authorising Taihape Borough Council to expend certain moneys held in trust for purchase of land
  • Whereas by section 20 of the Local Legislation Act 1930 the Taihape Borough Council (hereinafter called the Council) was authorised to sell the land therein described, being land vested as a reserve in the Corporation of the Borough of Taihape (hereinafter called the Corporation) in trust for municipal purposes, the net proceeds of such sale to be applied to the purchase of other land which should then become vested in the Corporation in trust for municipal purposes, subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928:

    And whereas the Council sold such first-mentioned land for the sum of 850 pounds:

    And whereas the Council has purchased, out of the proceeds of such sale, for the sum of 475 pounds, all that area of land (hereinafter referred to as the said land) situated in the Wellington Land District, containing by admeasurement 1 rood, more or less, being Section 1, Block VII, Town of Taihape, to be held by the Corporation in trust for municipal purposes, subject to the provisions of the Public Reserves, Domains, and National Parks Act 1928:

    And whereas the Council is now desirous of having certain buildings erected upon the said land and desires to expend upon such buildings the unexpended balance of the said sum of 850 pounds:

    Be it therefore enacted as follows:

    The Council may expend in the erection of permanent buildings on the said land the unexpended balance of the said sum of 850 pounds, and such unexpended balance is for such purpose only hereby freed from the trust created by section 20 of the Local Legislation Act 1930.

13 Extension of time for construction of Evans Bay reclamation
  • Amendment(s) incorporated in the Act(s).

14 Authorising transfer of cemetery and maintenance fund to Corporation of the City of Nelson
  • Whereas Robert Lindsey, late of Brighouse, near Halifax, in the County of York, in England, duly made his last will and testament bearing date 28 August 1856, and duly made a codicil to such will bearing date 28 July 1857, and by such codicil devised and bequeathed all that parcel of land, being Town Acre Number 667 on the plan of the City of Nelson, in New Zealand, with the buildings then used as a meeting house by the Society of Friends, unto certain persons therein described so long as they should continue members of the Society of Friends, according to the regulations of the yearly meeting, and to their heirs and assigns respectively to hold the same upon trust for the same purposes for which the same were then held or used, and gave power to such trustees to appoint new trustees so qualified by membership and of conveying such property to new trustees:

    And whereas the before-mentioned meeting house no longer exists on the said lands and the said Society of Friends has no organisation or branch of the Society in the City of Nelson:

    And whereas by section 46 of the Reserves and other Lands Disposal and Public Bodies Empowering Act 1922 the trustees for the time being of the said lands, acting under the trusts of the said codicil, were empowered to sell the said acre, with the exception of a small portion thereof (hereinafter referred to as the said burial ground) wherein certain former members of the said society are buried:

    And whereas, in pursuance of such powers, the trustees for the time being of the said lands have sold the whole of the said acre, with the exception of the said burial ground:

    And whereas such trustees are now desirous of transferring the said burial ground to the Corporation of the City of Nelson (hereinafter called the Corporation) upon trust to maintain the said burial ground, and are also desirous of paying to the Nelson City Council (hereinafter called the Council) the sum of 100 pounds as a fund for the future maintenance of the said burial ground:

    And whereas the Council has expressed its willingness to accept a transfer of the said burial ground and the payment of the said sum of 100 pounds upon the terms aforesaid:

    Be it therefore enacted as follows:

    (1) The trustees for the time being of the said burial ground are hereby authorised to transfer, and the Corporation is hereby authorised to accept, the said burial ground, being Lot 6 on a plan deposited in the Land Transfer Office at Nelson under Number 1571, upon trust to maintain the same as a burial ground vested in the Corporation.

    (2) Upon such transfer as aforesaid the trustees shall pay to the Council the aforesaid sum of 100 pounds upon trust as a fund to provide for the future maintenance of the said burial ground.

15 Authorising Hawera Borough Council to erect hotel and other business premises on certain corporation land
  • Whereas the Corporation of the Borough of Hawera is the proprietor of Allotments 1, 2, 3, 4, 5, 6, 7, and 8 on deposited plan Number 52, part Section 19, Town of Hawera, being all the land in certificate of title, Volume 132, folio 112 (Taranaki Registry), on which are situated the Commercial Hotel and other buildings:

    And whereas the Hawera Borough Council is desirous of erecting new buildings on the said land:

    Be it therefore enacted as follows:

    The Hawera Borough Council is hereby empowered and authorised—

    • (a) to erect, construct, and maintain on the said land, or part thereof, a building or buildings to be used as an hotel; and also to erect, construct, and maintain on the said land or part thereof such shops, offices, or other suitable business premises as the Council shall think fit:

    • (b) to utilise the said hotel, shops, offices, or business premises for such purposes as the Council shall think fit:

    • (c) to let or lease in the manner prescribed by the Public Bodies’ Leases Act 1908 the said hotel, shops, offices, or business premises, or any of them:

    • (d) to raise a special loan or loans under the Local Bodies’ Loans Act 1926 with the consent of the ratepayers first had and obtained, for such amount or amounts as the Council shall think fit, and to expend the money so raised in the erection and construction of such building or buildings.

16 Provision with respect to amalgamation of depreciation funds created by Eastbourne Borough Council in respect of transport undertakings
  • (1) For all purposes of sections 117 to 127 of the Municipal Corporations Act 1933, the steamer ferry service and the motor omnibus passenger service undertakings of the Eastbourne Borough Council shall, on and from 1 April 1934, be deemed to be one trading undertaking.

    (2) The separate depreciation funds established by the Council for each of the said undertakings are hereby amalgamated as one fund and declared to be the Depreciation Fund for the one trading undertaking aforesaid, and all moneys forming part of or payable to the said separate funds at the passing of this Act are hereby declared to be moneys belonging to the Depreciation Fund of such one trading undertaking, and shall accordingly be transferred or paid, as the case may be, to such Fund. The Public Trustee is hereby discharged from office as the sole Commissioner of each of the said separate funds and declared to be the sole Commissioner of the Depreciation Fund of the one trading undertaking aforesaid, to hold office as such until duly removed therefrom by the Council.

17 Authorising Akaroa Borough Council to take poll re weekly half-holiday
  • Notwithstanding anything in any Act to the contrary, the Akaroa Borough Council is hereby authorised to take a poll at any date after the passing of this Act on the matter of changing the weekly half-holiday from Saturday to any other weekday.

Town Boards

18 Authorising Mount Maunganui Town Board to pay costs of Commission in connection with the constitution of Mount Maunganui Town District
  • Whereas the Mount Maunganui Town District was duly constituted by Proclamation dated 25 August 1930, and published in the Gazette of 28 August 1930:

    And whereas prior to the constitution of the said Mount Maunganui Town District a Commission was duly set up to inquire into and report upon the petition praying for the constitution of the said town district, and the objections thereto:

    And whereas the said Commission made an order pursuant to the provisions of section 11 of the Commissions of Inquiry Act 1908 charging the petitioners for the constitution of the said town district with the costs of the said Commission, amounting to 24 pounds 15 shillings and 11 pence:

    And whereas the said petitioners have been called upon to pay the said costs:

    And whereas the Mount Maunganui Town Board is desirous of paying the said costs on behalf of the said petitioners out of the general funds of the said Board:

    Be it therefore enacted as follows:

    The Mount Maunganui Town Board is hereby empowered, notwithstanding anything to the contrary in any Act, to pay out of its general funds the said costs amounting to the sum of 24 pounds 15 shillings and 11 pence.

Harbour Boards

19 Authorising sale of certain land by Timaru Harbour Board
  • Whereas the Timaru Harbour Board (hereinafter called the Board) is possessed of an estate in fee simple for harbour purposes in the land hereinafter described:

    And whereas the Timaru Borough Council (hereinafter called the Council) desires to purchase the said land for the purposes of pleasure grounds, gardens, or for any other purposes of enjoyment or recreation, and the Board desires to sell the said land to the Council, reserving, nevertheless, the right to use the tramway now constructed on the said land for so long as the Board shall desire:

    And whereas the Board has no power to sell the said land:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything contained in any Act, the Board is hereby empowered to sell and transfer the land hereinafter described to the Council on behalf of the Corporation of the Borough of Timaru free of encumbrances other than—

    • (a) the easements over part of the said land created by memorandum of transfer registered Number 192703; and

    • (b) the right of the Board to use for harbour purposes the tramway now constructed on the said land so long as the Board shall desire.

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

    All that piece of land situated in Block X of the Arowhenua Survey District, containing 35 acres 2 roods 19 perches, more or less, being Lots 14, 17, 18, and part of Lot 13 on plan deposited in the Land Registry Office at Christchurch as Number 8445, part of Lot 2 on plan deposited in the said Registry Office as Number 9476, being parts of Rural Sections 4497, 6296, 6859, 8258, and 8259, and being the whole of the land comprised and described in certificates of title, Register Book Volume 431, folios 77, 78, and 79 (Canterbury Registry), subject to easements over parts of the above-described land created by memorandum of transfer registered Number 192703.

20 Validating payment of certain costs relating to renewal loans by New Plymouth Harbour Board out of sinking funds
  • Whereas a loan of 128,000 pounds, being an instalment of a loan known as the Number 2 Loan, 1919, of 300,000 pounds, raised in London by the New Plymouth Harbour Board (hereinafter called the Board) pursuant to the New Plymouth Harbour Board Empowering Act 1918, matured on 1 February 1932 and was paid off at maturity partly by means of a loan of 120,000 pounds raised by the Board with the sanction of the Local Government Loans Board and partly by payment of a sum of 8,000 pounds out of the sinking fund created for the repayment of the instalments of the said loan of 300,000 pounds:

    And whereas the Board has also paid out of the said sinking fund the costs of raising the said loan of 120,000 pounds and repaying the said instalment of 128,000 pounds, but such expenditure was without lawful authority:

    Be it therefore enacted as follows:

    The payment by the Board out of the said sinking fund of a sum of 8,000 pounds towards the said costs is hereby validated.

21 Section 70 of Local Legislation Act 1928 amended
  • (1) Subsection (5) of section 70 of the Local Legislation Act 1928 is hereby amended by inserting, after the words Art Gallery, the words or articles or exhibits for the Dominion Museum.

    (2) The Dominion Museum and the Dominion Art Gallery for the purposes of the said section shall mean and include the Dominion Museum and the National Art Gallery directed to be established under the National Art Gallery and Dominion Museum Act 1930.

    (3) Subject to the aforesaid amendment and interpretation, and notwithstanding section 11 of the said National Art Gallery and Dominion Museum Act 1930 or any other enactment, the said section 70 shall have and be deemed always to have had full force and effect according to the tenor thereof.

22 Authorising payments of remuneration by Wellington Harbour Board to any Sinking Fund Commissioner
  • Such annual remuneration and allowance, not exceeding 100 pounds, as the Wellington Harbour Board thinks reasonable may be paid out of the Harbour Fund to and retained by any Sinking Fund Commissioner appointed by the Board. No member of the Board or officer or servant of the Board shall be paid or receive any such remuneration or allowance.

23 Empowering Lyttelton Harbour Board to sell certain property at Sumner to Sumner Borough Council
  • Whereas the land hereinafter described is vested in the Lyttelton Harbour Board (hereinafter called the Board) as an endowment:

    And whereas the Sumner Borough Council (hereinafter called the Council) desires to purchase the said land and buildings thereon for borough purposes, and the Board desires to sell the said land and buildings to the Council:

    And whereas the Board has no power to sell the said land and buildings thereon:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything contained in any Act, the Board may sell, convey, transfer, and assign the land hereinafter described and deliver possession thereof to the Council on behalf of the Corporation of the Borough of Sumner, subject to the existing tenancy of the buildings erected on the said land.

    (2) The contract entered into between the Board and the present tenant of the said property providing for the repayment of the sum of 80 pounds and interest thereon by the said tenant to the Board for moneys advanced by the Board for sewerage works on the said property shall be transferred and assigned to the Council, and the Council shall be entitled to demand and recover payment of the said sum and interest from the said tenant as provided by the said contract.

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

    All that area in the Canterbury Land District, situate at Sumner, containing 1 rood and 28 perches, being Reserve 4344, and being the whole of the land comprised in certificate of title, Volume 439, folio 43.

24 Validating proceedings in connection with certain loans raised by Otago Harbour Board
  • Whereas by an Order in Council (hereinafter referred to as the First Order), made under the Local Government Loans Board Act 1926 (hereinafter referred to as the said Act), on 10 July 1933, consent was given by the Governor-General to the raising by the Otago Harbour Board (hereinafter called the Board) of a loan up to 608,800 pounds, to be known as the Redemption Loan, 1934, subject to the conditions stated in the First Order:

    And whereas by an Order in Council (hereinafter referred to as the Second Order), made under the said Act on 6 December 1933, consent was given by the Governor-General, subject to the conditions stated in the Second Order, to the raising by the Board of a loan up to the amount of 728,800 pounds for the purpose of redeeming the outstanding liability in respect of 3 loans of 498,800 pounds, 100,000 pounds, and 130,000 pounds, maturing on 1 January 1934:

    And whereas by Order in Council made under the said Act on 10 January 1934 (hereinafter referred to as the Third Order), certain of the determinations made in and by the First Order were varied:

    And whereas the Board, in purported pursuance of the powers conferred by the First, Second, and Third Orders, has raised in London as a first issue thereunder a loan of 600,000 pounds (hereinafter referred to as the First Issue) for the purposes set out in the First, Second, and Third Orders, and has applied the proceeds of such loan towards such purposes, and pending the raising of a further issue under the First, Second, and Third Orders has made arrangements with the Bank of New Zealand for advances sufficient to meet the repayment of debentures presented in London in excess of those repaid out of the proceeds of the First Issue, and for the expenses incurred in London in connection with the repayment of the matured loans and the raising of the new loans:

    And whereas the Board prior to 10 July 1933 undertook to apply the proceeds of all its then existing reserve funds towards the repayment of the debentures which matured on 1 January 1934 and towards the expenses incurred in connection therewith, including the cost of raising the new loans, and has applied the proceeds of such funds towards such purposes, including the exchange on remittances to London in repayment of the advances made by the Bank of New Zealand and interest thereon:

    And whereas the sum of 120,000 pounds referred to in the Second Order, decreased as provided for in the Second Order, has not been transferred to the sinking fund of the Redemption Loan, 1934, as required by the Second Order, but the whole of such reserve funds has been applied as hereinbefore recited:

    And whereas by an Order in Council made under the said Act on 17 September 1934 (hereinafter referred to as the Fourth Order), certain of the determinations made in and by the Second Order were varied and added to by authorising the raising of a further loan of 10,000 pounds in addition to the loan of 600,000 pounds already raised, and such further loan has been raised and applied towards the repayment of advances made by the Bank of New Zealand in London as aforesaid:

    And whereas doubts have arisen as to the validity of certain of the above proceedings and matters, and it is expedient to validate all proceedings in connection with the raising of the said loans of 600,000 pounds and 10,000 pounds and the acts of the Board before recited:

    Be it therefore enacted as follows:

    (1) All the proceedings in connection with the said loans of 600,000 pounds and 10,000 pounds, and all the acts of the Board before recited, and all other matters and acts done in connection therewith are hereby validated.

    (2) The debentures issued in respect of the said loan of 600,000 pounds shall be absolutely valid and binding on the Board according to their tenor.

    (3) The debentures issued or to be issued in respect of the said loan of 10,000 pounds shall be absolutely valid and binding on the Board according to their tenor if issued in terms of the Fourth Order.

25 As to payment of interest, etc, on Thames Harbour Board loans for year ending 30 September 1935
  • [Repealed]

    Section 25: repealed, on 1 November 1936, by section 14(1) of the Thames Harbour Act 1936 (1936 No 52).

26 Validating demand for Thames Harbour Board rates for year ended 30 September 1934
  • [Repealed]

    Section 26: repealed, on 1 November 1936, by section 14(1) of the Thames Harbour Act 1936 (1936 No 52).

27 Authorising Whangarei Harbour Board to borrow a sum of £2,000
  • (1) The Whangarei Harbour Board may, by special resolution, and without taking the steps described in sections 9 to 13 of the Local Bodies’ Loans Act 1926, borrow a sum not exceeding 2,000 pounds, and shall apply such sum towards payment of arrears of interest wrongly deducted since May 1932 in respect of a loan of 100,000 pounds raised by the said Board in Australia.

    (2) This section shall be deemed to be a special Act within the meaning of the Harbours Act 1923.

Hospital Boards

28 Removing doubts as to purposes of expenditure by Hawke's Bay Hospital Board of Kelly bequest
  • Whereas the trustees under the will of Henrietta Lavinia Kelly, of Hastings, spinster (deceased), dated 13 May 1929 (hereinafter referred to as the said trustees), were directed to hold her residuary estate on trust to pay the same to the duly constituted Board or authority for the time being having the care and control of the Fallen Soldiers Memorial Hospital at Hastings aforesaid (hereinafter referred to as the said Hospital), to be applied and expended by such Board or authority for or towards building, rebuilding, enlarging, altering, reinstating, repairing, and maintaining the said hospital or any additions thereto, or any buildings adjacent thereto and used in connection with the said hospital, and in providing equipment and furniture and in any other manner for the benefit of the said hospital and the said building as the said Board or authority may in its uncontrolled discretion deem proper:

    And whereas the Board referred to in the said will is the Hawke's Bay Hospital Board (hereinafter referred to as the said Board):

    And whereas doubts have arisen as to whether the said Board has power under the said will to utilise any part of the said estate in or towards payment of the general maintenance expenditure incurred by the said Board in the care and treatment of patients in the said hospital:

    And whereas it is desirable to remove such doubts:

    Be it therefore enacted as follows:

    The said trustees may, and shall be deemed at all relevant times heretofore to have been empowered to, pay to the said Board, and the said Board may and shall be deemed to have had authority to accept the income of the said estate upon the conditions that the said Board may apply the same and any part thereof in or towards any purpose of or incidental to the general maintenance of the said hospital by the said Board, including payment of—

    • (a) fees, salaries, wages, and other lawful remuneration of any kind whatever:

    • (b) the cost of provisions, drugs, and all other requisites for the care and treatment of patients:

    • (c) such other expenses as may be incurred by the Board in the lawful execution of its powers, duties, or functions under any Act whatsoever in relation to the said hospital.

29 Vesting hospital site in Wairoa Hospital Board
  • Whereas the Wairoa Hospital Board was duly constituted by section 6 of the Hospitals and Charitable Institutions Amendment Act 1910:

    And whereas the Wairoa County Corporation was at the time of the constitution of the Wairoa Hospital Board the registered proprietor of an estate in fee simple in all that piece of land situate in the Provincial District of Hawke's Bay containing 4 acres and 1 perch, being portion of Suburban Sections Numbers 30 and 31, Class II, Township of Clyde, and being the land shown on plan deposited in the Land Transfer Office at Napier as Number 1475, and being the land in certificate of title, Hawke's Bay, Volume 32, folio 52, as a site for a public hospital at Wairoa:

    And whereas it is deemed necessary and expedient that the said land be vested in the Wairoa Hospital Board:

    Be it therefore enacted as follows:

    The vesting of the said land in the Corporation of the County of Wairoa is hereby cancelled, and the said land is hereby vested in the Wairoa Hospital Board as a site for a public hospital in accordance with the provisions of the Hospitals and Charitable Institutions Act 1926, and the District Land Registrar at Napier is hereby empowered without further authority than this section to register a memorial on the said certificate of title to give effect to this enactment.

Electric Power Boards

30 Authorising Waimea Electric-power Board to borrow a sum of £2,400 by way of overdraft
  • Whereas the Waimea Electric-power Board (hereinafter called the Board) was, by a poll of the ratepayers of the special district of the Borough of Motueka and the surrounding districts of Riwaka, Lower Moutere, Mariri, and Tasman (hereinafter called the special district), taken on 21 June 1933, authorised to raise a special loan under the Local Bodies’ Loans Act 1926 of 55,000 pounds to be expended for the special district:

    And whereas the sum of 50,000 pounds, being part of the said special loan, has been raised:

    And whereas interest upon such sum of 50,000 pounds at the rate of 4 pounds 5 shillings per centum per annum will fall due on 1 August 1934 and on 1 February 1935:

    And whereas, in order to meet unforeseen expenditure in necessary construction and maintenance works in other parts of the Board's district, the Board has borrowed moneys by way of overdraft up to the limits allowed by section 3 of the Local Bodies’ Finance Act 1921–22, as extended by section 70 of the Electric-power Boards Act 1925, and is unable to meet the sum of 2,125 pounds, being the amount of interest on the said sum of 50,000 pounds to become due during the financial year ending on 31 March 1935:

    And whereas it is desirable to provide for the borrowing of the said sum of 2,125 pounds and of the further sum of 275 pounds for the general purposes of the Board, making in all the sum of 2,400 pounds by way of overdraft in excess of the limits prescribed as aforesaid:

    Be it therefore enacted as follows:

    Notwithstanding anything to the contrary in the Local Bodies’ Finance Act 1921–22, the Electric-power Boards Act 1925, or any other Act, it shall be lawful for the Board, during the period of 7 complete financial years after the financial year in which the Board commenced the supply of electrical energy, to borrow by way of overdraft in excess of the limits prescribed as aforesaid such amount as may be approved by the Local Government Loans Board, but so that the total amount borrowed pursuant to this section in any financial year shall not exceed 2,400 pounds.

31 Authorising Wairoa Electric-power Board to capitalise certain arrears of interest
  • Whereas the Wairoa Electric-power Board (hereinafter called the Board), under the provisions of the Local Bodies’ Loans Act 1926, and the Electric-power Boards Act 1925, and for the purpose of the erection of electric transmission lines and other electrical works borrowed certain sums, including the sum of 20,000 pounds from the Public Trustee, the sum of 21,500 pounds from the Dunedin City Sinking Fund Commissioners, and the sum of 20,000 pounds from the Government Insurance Commissioner, and issued debentures providing for the payment of the said sums and interest thereon:

    And whereas the Board intends pursuant to the Local Authorities Interest Reduction and Loans Conversion Act 1932–33 to issue new securities in conversion of the existing securities in respect of the said sums so borrowed:

    And whereas it is intended that the said conversion shall take effect as from 31 March 1935:

    And whereas the Board has agreed with each of the aforesaid lenders that interest due and to accrue due to each of them up to the proposed date of conversion, amounting in the case of the Public Trustee to the sum of 1,440 pounds, in the case of the Dunedin City Sinking Fund Commissioners to the sum of 1,483 pounds 10 shillings, and in the case of the Government Insurance Commissioner to the sum of 1,661 pounds 5 shillings and 10 pence, shall be added to and form part of the principal sum to be secured by the new debentures:

    Be it therefore enacted as follows:

    The Board is hereby authorised and empowered on the said conversion to add the said sums of 1,440 pounds, 1,483 pounds 10 shillings, and 1,661 pounds 5 shillings and 10 pence respectively, to so much of the said respective principal sums of 20,000 pounds, 21,500 pounds, and 20,000 pounds as shall be included in the said conversion, and to issue new securities accordingly.

32 Validating certain judgments for rates obtained by Marlborough Electric-power Board
  • Whereas the Marlborough Electric-power Board (hereinafter called the Board) made and levied certain rates for the years ended on 31 March 1930 and 31 March 1931:

    And whereas a large percentage of the said rates have been paid by divers ratepayers:

    And whereas the Board has obtained judgments against certain ratepayers for such of the said rates as are unpaid and outstanding:

    And whereas doubts have arisen as to the validity of such judgments in that the demand for such rates when due was made by the Secretary of the Board without being specially appointed to make such demand pursuant to section 61 of the Rating Act 1925:

    And whereas it is advisable in the public interest and to prevent injustice to validate the said judgments:

    Be it therefore enacted as follows:

    No judgment obtained by the Board and duly recorded in the Record Book in the Magistrate's Court office at Blenheim in respect of rates made and levied by the Board for the years ended on 31 March 1930 and 31 March 1931, respectively, shall be questioned in any court on any ground whatever.

River and Drainage Boards

33 Authorising Taupiri Drainage and River Board to raise loan of £10,000 for contribution towards certain drainage works
  • Whereas in pursuance and exercise of the powers vested in him by section 28 of the Finance Act 1931 (No 4), the Minister of Public Works (hereinafter called the Minister), for the purpose of providing works in relief of unemployment, has undertaken certain drainage works in the watershed of the Mangawara River and its tributaries, which area is within the district of the Taupiri Drainage and River Board (hereinafter called the Board):

    And whereas the Board has agreed with the Minister to contribute the sum of 10,000 pounds towards the cost of such drainage works:

    And whereas prior to the expiry of the Local Authorities Empowering (Relief of Unemployment) Act 1926, the Local Government Loans Board sanctioned the raising of a loan of 10,000 pounds by the Board under that Act for the purpose of enabling the Board to pay the said sum in terms of the said agreement, but the Board did not then raise the said loan:

    And whereas it is desirable that the Board should now be empowered to borrow the said sum of 10,000 pounds without taking the steps described in sections 9 to 13 of the Local Bodies’ Loans Act 1926:

    Be it therefore enacted as follows:

    The Board is hereby empowered to borrow the sum of 10,000 pounds agreed to be paid by the Board to the Minister as a contribution towards the cost of the drainage works undertaken by the Minister in the watershed of the said Mangawara River and its tributaries without taking the steps described in sections 9 to 13 of the Local Bodies’ Loans Act 1926, and to pay the moneys so borrowed to the Minister.

Affecting 2 or more classes of public bodies

34 Authorising certain local authorities to contribute to Wellington Branch of the New Zealand Free Ambulance Transport Service
  • The local authorities mentioned hereunder are hereby authorised and empowered to pay to the New Zealand Free Ambulance Transport Service (Wellington Branch), Incorporated, in the year ending on 31 March 1935, such sums as they think fit, not exceeding in any case the respective amounts hereinafter specified, namely:

    • the Hutt County Council, 150 pounds;

    • the Makara County Council, 86 pounds;

    • the Wellington Harbour Board, 300 pounds; and

    • the Wellington Hospital Board, 900 pounds.

35 Validating certain terms of agreement between Hastings Borough Corporation and Hawke's Bay Electric-power Board
  • Whereas by an agreement bearing date 20 August 1934, made between the Corporation of the Borough of Hastings (hereinafter called the Corporation) of the one part and the Hawke's Bay Electric-power Board (hereinafter called the Board) of the other part, a copy of which agreement is recorded in the Department of Internal Affairs at Wellington as IA 1934/120/9, the Corporation agreed to sell to the Board and the Board agreed to purchase the electric works of the Corporation at the purchase price therein set out:

    And whereas it is provided, inter alia, in the said agreement—

    • (a) that the said purchase price and interest as hereinafter provided shall be paid as follows—that the amount of the purchase price in excess of 125,000 pounds shall be paid in cash, and the said sum of 125,000 pounds together with interest thereon or on the amount thereof for the time being unpaid at the rate of 4% per annum calculated from the date of possession, shall be paid by 52 equal half-yearly instalments over a period of 26 years;

    • (b) that the Board will give to the Corporation as security for payment of the said purchase money and interest by the instalments aforesaid a mortgage over the revenues to be derived from the Board's undertaking and operations within the Borough of Hastings as constituted at the date of the said agreement:

    And whereas it is desirable that the said terms of payment of the said purchase price and interest and the said provisions for security for the payment of the same should be validated:

    Be it therefore enacted as follows:

    (1) The Corporation and the Board shall be deemed to have been duly empowered to agree in and by the said agreement to the said terms of payment of the said purchase price and interest which shall have effect and be binding according to the tenor thereof.

    (2) The Board shall be deemed to have been and to be duly empowered to give security to the Corporation for securing payment of the said sum of 125,000 pounds, part of the said purchase price, and interest in manner aforesaid as provided in the said agreement.

    (3) Nothing herein contained shall be deemed to affect the provisions of section 76 of the Electric-power Boards Act 1925.

36 Revesting in the Masterton Trust Lands Trustees certain pieces of land vested in Masterton Borough Corporation
  • [Repealed]

    Section 36: repealed, on 4 September 1950, by section 39 of the Masterton Trust Lands Act 1950 (1950 No 5 (L)).

37 Authorising dedication by the Masterton Trust Lands Trustees of certain land for street purposes in the Borough of Masterton
  • [Repealed]

    Section 37: repealed, on 4 September 1950, by section 39 of the Masterton Trust Lands Act 1950 (1950 No 5 (L)).

38 Validating expenditure incurred by Hastings Borough Council and Bluff and Lyttelton Harbour Boards in connection with relief of distress
  • The expenditure incurred by the undermentioned public bodies during the financial year ending on 31 March 1935 of the following amounts in contributing to funds established for the relief of distress is hereby validated and declared to have been lawfully incurred: Hastings Borough Council, 500 pounds; Bluff Harbour Board, 100 pounds; Lyttelton Harbour Board, 1,000 pounds.

Miscellaneous

39 Validating issue of certain debentures by Motunau Rabbit Board
  • Whereas the Motunau Rabbit Board (hereinafter called the Board), in purported exercise of the power to compromise with creditors given to local authorities by section 58 of the Local Bodies’ Loans Act 1926, on or about 7 December 1932 issued and delivered to Pyne, Gould, Guinness Provident and Superannuation Association (Limited), (hereinafter called the creditor), 3 several debentures for 100 pounds each numbered 31, 32, and 33, repayable as to Numbers 31 and 32 on 28 March 1944, and as to Number 33 on 28 March 1945, in substitution for 3 several debentures for 100 pounds each which were then surrendered by the creditor to the Board, which 3 several debentures were respectively repayable on 28 March 1933, 28 March 1938, and 28 March 1943:

    And whereas, although such compromise and exchange of debentures was made in good faith, it was without authority of law and it is desirable to validate it:

    Be it therefore enacted as follows:

    The action of the Board in issuing to the creditor 3 several debentures, numbered 31, 32, and 33, for 100 pounds, each repayable respectively as to Numbers 31 and 32 on 28 March 1944, and as to Number 33 on 28 March 1945, is hereby validated, and such 3 several debentures declared to have been lawfully issued.

40 Abolishing the Blackstone Hill Rabbit District
  • Whereas, by Order in Council dated 24 May 1922 and published in the Gazette of 1 June 1922, the Governor-General constituted the Blackstone Hill Rabbit District under Part 3 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 it is deemed to have been constituted thereunder:

    And whereas a Board of Trustees for the said district has never been established according to law, and it is deemed desirable to abolish the said district:

    Be it therefore enacted as follows:

    The Blackstone Hill Rabbit District is hereby abolished.

41 Authorising Masterton Trust Lands Trustees to borrow a sum not exceeding £3,000 for the purpose of repairing earthquake damage
  • [Repealed]

    Section 41: repealed, on 4 September 1950, by section 39 of the Masterton Trust Lands Act 1950 (1950 No 5 (L)).

42 Authorising Cornwall Park Trustees to grant an extended lease of portion of Cornwall Park to the Auckland Metropolitan Agricultural and Pastoral Association, Incorporated
  • Whereas the land hereinafter described is portion of an area vested in James Hall, settler, James Henry Gunson, Knight, Albert Ernest Bollard, company secretary, and Edward Robert Nolan Russell, solicitor, all of Auckland in New Zealand (hereinafter called the Trustees), upon the trusts declared by a certain declaration of trust bearing date 10 June 1901 and made between John Logan Campbell, of the one part, and David Limond Murdock, Arthur Mielziener Myers, Robert Hall, and Alfred Seymour Bankart, of the other part, and known as the Cornwall Park trust deed and a certain deed of trust bearing date 7 April 1908 and made between the same parties as aforesaid:

    And whereas the Auckland Metropolitan Agricultural and Pastoral Association, Incorporated (hereinafter called the association) has requested the Trustees to grant to it a lease of the said land for a term of 40 years at an annual rental of 100 pounds:

    And whereas the Trustees, having in mind the keen interest displayed by the late Sir John Logan Campbell in the work of the association's kindred predecessors, and the fact that during his lifetime he gave ample evidence of his desire to assist such predecessors of the association, and also having in mind that the said land has been in the occupation of the association and its kindred predecessors for approximately 80 years, are desirous of leasing the said land to the association for the term and at the rental hereinbefore mentioned and upon such further terms and conditions as may be agreed upon between the Trustees and the association:

    And whereas it is desirable that the Trustees should be empowered to lease the said land for such period and upon such terms and conditions:

    Be it therefore enacted as follows:

    (1) The Trustees are hereby authorised to grant a lease to the association of the land hereinafter described for a period of 40 years at an annual rental of 100 pounds, and upon such further terms and conditions as may be agreed upon between the Trustees and the association.

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

    All that piece of land, containing 8 acres and 3 perches, more or less, being part of Allotments 19 and 21 of Section 11 of the Suburbs of Auckland, and being part of the land comprised and described in certificate of title, Volume 153, folio 248, of the register book in the Land Registry Office at Auckland.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Local Legislation Act 1934. The reprint incorporates all the amendments to the Act as at 4 September 1950, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)
  • Masterton Trust Lands Act 1950 (1950 No 5 (L)): section 39

    Local Legislation Act 1937 (1937 No 25): section 11(2)

    Local Legislation Act 1936 (1936 No 54): sections 5(4), 20

    Thames Harbour Act 1936 (1936 No 52): section 14(1)