Local Legislation Act 1935

Reprint
as at 1 July 2003

Coat of Arms of New Zealand

Local Legislation Act 1935

Public Act1935 No 33
Date of assent26 October 1935
Commencement26 October 1935

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 Authorising payment of certain moneys held in trust by Public Trustee to the Southland County Council

3 Validating issue of certain debentures by Piako County Council

4 Authorising payment of a compassionate allowance by Wairewa County Council

5 Authorising Great Barrier Island County Council to refund certain moneys to Wharf Account over a period of years

6 Authorising Cook County Council to transfer a certain sum from Main Highways Bridges Loan Account to Cook County Council Special Loan £153,000 Account

City and Borough Councils

7 Authorising Christchurch City Council to expend certain moneys held in trust for purchase of land

8 Repeal of Section 46 of the Local Legislation Act 1928

9 Making special provision with respect to land taken for widening Taranaki Street in the City of Wellington

10 Authorising remission of rates by Wellington City Council [Repealed]

11 Authorising remission of rates by Wellington City Council [Repealed]

12 Section 6 of the Wellington City Empowering and Amendment Act 1932 amended

13 Validating advance by Christchurch City Council to the Christchurch Drainage Board, and authorising an increase in the rate demand

14 Validating repayment by Palmerston North City Council out of loan moneys of certain moneys expended from the General Account of the Council

15 Authorising diversion of certain loan money by Nelson City Council

16 Validating certain expenditure by Newmarket Borough Council

17 Authorising Stratford Borough Council to raise a special loan

18 Validating certain expenditure by Napier Borough Council

19 Authorising Foxton Borough Council to capitalise certain arrears of interest

20 Authorising transfer of certain land to Eltham Borough Council for Plunket Society and women's restroom

21 Governor-General authorised to issue Order in Council permitting laying out of street less than 40 ft wide in the City of Wellington

22 Authorising Northcote Borough Council to amend its farmland roll

23 Authorising the Green Island Borough Council to borrow by way of overdraft against loan moneys on fixed deposits

24 Authorising expenditure out of Wharf Account of Opotiki Borough Council for certain street works

Harbour Boards

25 Validating certain deeds of lease entered into by Wellington Harbour Board

26 Authorising Auckland Harbour Board to pass a special resolution making provision for additional retiring allowance in respect of its Superannuation Fund

27 Validating remission of dues by Auckland Harbour Board in respect of Japanese training ship Shintoku Maru

28 Provision with respect to purchase of wharf site by Hokianga Harbour Board

29 Validating rates of Thames Harbour Board for year ended 30 September 1935 [Repealed]

30 Authorising Timaru Harbour Board to make and levy a rate in respect of renewal loan of £150,000

31 Member of Thames Harbour Board acting as Secretary during a certain period not to be disqualified from holding office as member [Repealed]

Electric Power Board

32 Authorising North Auckland Electric-power Board to pay certain incidental expenses out of loan moneys

River and Drainage Boards

33 Validating payment of compassionate allowance by Wairau River Board

34 Varying terms of payment of cost of certain river works by Kaipara River Board [Repealed]

35 Authorising Dunedin Drainage and Sewerage Board to make and levy a special rate

36 Validating borrowing of a sum of £600 by Wakapuaka Drainage Board and authorising issue of debentures in respect of such sum

Fire Board

37 Validating payment of compassionate allowance by Palmerston North Fire Board

Hospital Board

38 Making provision with respect to purchase of land by Wellington Hospital Board

Affecting 2 or more classes of public bodies

39 Hutt River Board and Wellington City Corporation authorised to carry out certain exchanges of land and transfers of land and to execute grants of easements and licences in respect of land situate on Gear Island and in the western branch of the Hutt River

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

41 Validating expenditure incurred by certain local authorities in connection with the relief of distress

Miscellaneous

42 Abolishing Mataitai-Orere Rabbit District

43 Validating action of the Massey Agricultural College Council in borrowing certain moneys

44 Changing name of Western Spit Public Library

Schedule
Additions to the farmland roll for the Borough of Northcote


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 1935.

County Councils

2 Authorising payment of certain moneys held in trust by Public Trustee to the Southland County Council
  • Whereas under a deed of trust bearing date 19 July 1926 and made between the Chairman, Councillors, and Inhabitants of the County of Southland of the one part, and the Public Trustee of the other part, moneys have from time to time been paid by the Southland County Council (hereinafter called the Council) to the Public Trustee to be held by him upon trust for the Council subject to the condition that on the passing of any statutory enactment empowering the Council to create a renewal fund the said moneys with interest thereon should upon the terms set out in the said deed be paid to the Council:

    And whereas, although no such statutory enactment has been passed, doubt has arisen as to the validity of the said deed and, the Council being in need of the moneys held by the Public Trustee as aforesaid, it is desirable that the Public Trustee should be empowered to pay all moneys held by him under the said deed to the Council:

    Be it therefore enacted as follows:

    The Public Trustee is hereby authorised and empowered to pay to the Council all moneys held by him under the said deed of trust notwithstanding any provision of the said deed to the contrary.

3 Validating issue of certain debentures by Piako County Council
  • Whereas in terms of sections 34 and 35 of the Local Bodies' Loans Act 1926 the Piako County Council (hereinafter referred to as the Council) on 20 March 1931 hypothecated to the Bank of New Zealand certain debentures of the Peeks Road Loan, 1929, of £2,000, the Valley Road Loan, 1929, of £3,000, and the Goulds Road Loan, 1930, of £1,000, each for 100 pounds, and all bearing interest at 5.75% per annum:

    And whereas, with the consent of the Council, but without default on the part of the Council to warrant sales under the respective deeds of hypothecation, the bank sold 3 debentures of the Peeks Road loan numbered 18 to 20 inclusive, 3 debentures of the Valley Road loan numbered 13 to 15 inclusive, and 5 debentures of the Goulds Road loan numbered 6 to 10 inclusive:

    And whereas the said 11 debentures with their relative coupons for interest at the rate of 5.75% per annum were issued to the public and their proceeds credited to the respective loan accounts:

    And whereas the said rate of interest exceeded the rate prescribed at the time of the said issue by the Local Authorities' Loans (Rates of Interest) Act 1931:

    And whereas it is expedient to validate the said issue:

    Be it therefore enacted as follows:

    The said debentures and coupons shall be deemed to have been lawfully issued, but shall be subject to the reduction in the rate of interest effected by the Local Authorities Interest Reduction and Loans Conversion Act 1932–33.

4 Authorising payment of a compassionate allowance by Wairewa County Council
  • The Wairewa County Council is hereby empowered to pay the sum of 40 pounds out of its General Account to the Public Trustee as administrator of the estate of William Robert Leeder, deceased, formerly an employee of the said Council, as a compassionate allowance for the benefit of the next of kin of the said William Robert Leeder.

5 Authorising Great Barrier Island County Council to refund certain moneys to Wharf Account over a period of years
  • Whereas the Great Barrier Island County Council (hereinafter called the Council), in anticipation of revenue, temporarily advanced certain moneys out of its Wharf Account to the General Fund of the Council:

    And whereas there is now due by the General Fund to the Wharf Account the sum of 433 pounds 7 shillings and 7 pence, being the balance of the said moneys so advanced:

    And whereas it is expedient that the Council should be empowered to refund such balance to the Wharf Account in instalments as hereinafter provided:

    Be it therefore enacted as follows:

    The Council is hereby authorised and empowered to refund to the Wharf Account from the General Account the said balance of 433 pounds 7 shillings and 7 pence in annual instalments of not less than 100 pounds each, but so that the whole of such amount shall be refunded on or before 31 March 1939.

6 Authorising Cook County Council to transfer a certain sum from Main Highways Bridges Loan Account to Cook County Council Special Loan £153,000 Account
  • Whereas the Cook County Council (hereinafter called the Council) during the years 1928 to 1931 paid out of the Cook County Council Special Loan of £153,000 Account (hereinafter referred to as the Special Loan Account) the sum of 1,689 pounds towards the cost of the Te Aria Bridge:

    And whereas such payment was made in anticipation of the raising by the Council of the Main Highways Bridges Loan of the Cook County and with the intention upon the raising of that loan of refunding the said sum to the Special Loan Account:

    And whereas the Main Highways Bridges Loan has been raised by the Council:

    And whereas it is desirable that the Council should be authorised to make such refund:

    Be it therefore enacted as follows:

    The Council is hereby empowered to transfer the sum of 1,689 pounds from the Main Highways Bridges Loan Account to the Special Loan Account.

City and Borough Councils

7 Authorising Christchurch City Council to expend certain moneys held in trust for purchase of land
  • The Christchurch City Council is hereby authorised and empowered to apply the whole or any part of the sum of 200 pounds, being the proceeds of the sale of that parcel of land containing 32 perches, being part Rural Section 304, North Road, Papanui (being the site of the old Papanui Library), which sum is held in trust for the purchase of land for library purposes, in or towards the cost of additions or improvements to the hall under the control of the Committee of Management constituted under the Papanui Memorial Hall Management Act 1928, and known as the Papanui Memorial Hall, for the purposes of providing improved accommodation for the library now in that hall.

8 Repeal of Section 46 of the Local Legislation Act 1928
  • Amendment(s) incorporated in the Act(s).

9 Making special provision with respect to land taken for widening Taranaki Street in the City of Wellington
  • Whereas by a Proclamation dated 23 October 1928, published in the Gazette of 25 October 1928, and registered in the Land Registry Office at Wellington as Number 1875, part of Section 186, Town of Wellington, containing 8 perches and ninety-five hundredths of a perch, more or less, being the whole of the land comprised in certificate of title, Volume 340, folio 132, Wellington Registry (as the same is delineated on the plan marked PWD 72020, deposited in the office of the Minister of Public Works at Wellington, and thereon coloured blue), was taken for street-widening purposes and vested in the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter called the Corporation) as from 6 November 1928:

    And whereas the owner of the fee simple of the said land, Edward Morris, the younger, of the City of Wellington, undertaker, has failed to make a claim for compensation within the period limited in that behalf by the Public Works Act 1928, and all his right and title to any compensation in respect of such lands has absolutely ceased by reason of the provisions of that Act:

    And whereas immediately prior to the date of the vesting of the said piece of land in the Corporation the said piece of land was subject to a deed of mortgage registered in the Deeds Register Office at Wellington under Number 99294 to the National Mutual Life Association of Australasia, Limited:

    And whereas the Corporation, on 29 January 1931, paid to the said mortgagee the moneys owing under the said deed of mortgage including the principal moneys owing—namely, 2,200 pounds:

    And whereas the said Edward Morris, the younger, and the Corporation have agreed that the Corporation shall pay to the said Edward Morris, the younger, a further sum of 6,300 pounds and that the Corporation shall be freed and discharged from all actions, suits, proceedings, claims, and demands in respect of the said taking:

    Be it therefore enacted as follows:

    (1) The Corporation is hereby directed and empowered to pay to the said Edward Morris, the younger, the said sum of 6,300 pounds.

    (2) The Corporation is hereby freed and discharged from all actions, suits, proceedings, claims, and demands in respect of the taking of the said piece of land.

    (3) The said Edward Morris, the younger, shall pay all rates, land tax, insurance premiums, and all other outgoings whatsoever in respect of the said land and any buildings erected thereon (including interest at the rate of 6.5% per annum on the said sum of 2,200 pounds) up to the date of the payment by the Corporation to the said Edward Morris, the younger, of the said sum of 6,300 pounds (hereinafter referred to as the date of settlement).

    (4) The amount of rates, insurance premiums, and other outgoings in respect of the said land shall be apportioned at the date of settlement, and the amounts payable by and to the Corporation shall be set one against the other.

    (5) As from the date of settlement, the said Edward Morris, the younger, shall be a tenant of the Corporation in respect of the said land at a monthly rental of 42 pounds 10 shillings, payable on the last day of each month of the tenancy. The tenancy may be determined by 1 month's notice in writing from either the Corporation or the said Edward Morris, the younger, and during the tenancy the Corporation shall pay all rates and insurance premiums becoming payable in respect of the said land.

10 Authorising remission of rates by Wellington City Council
  • [Repealed]

    Section 10: repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).

11 Authorising remission of rates by Wellington City Council
  • [Repealed]

    Section 11: repealed, on 1 July 2003, by section 138(1) of the Local Government (Rating) Act 2002 (2002 No 6).

12 Section 6 of the Wellington City Empowering and Amendment Act 1932 amended
  • Amendment(s) incorporated in the Act(s).

13 Validating advance by Christchurch City Council to the Christchurch Drainage Board, and authorising an increase in the rate demand
  • Whereas the Christchurch City Council (hereinafter called the Council) acting as the collecting agent for the Christchurch Drainage Board (hereinafter called the Board) was authorised and required to collect the sum of 3,160 pounds on account of a rate made in respect of the annual charges of the Board for the year ended on 31 March 1935, including charges on a special loan of 25,000 pounds raised by the Board:

    And whereas by an error in its rate demands the Council demanded only 316 pounds of the said sum of 3,160 pounds, but paid the amount of the deficiency—2,844 pounds—to the Board out of its General Account:

    Be it therefore enacted as follows:

    The Council shall for all purposes be deemed to have been lawfully empowered to advance to the Board on account of rates collected for the year ended on 31 March 1935 the said sum of 2,844 pounds, and to recover the amount so advanced by increasing its rate demands for the year ending on 31 March 1936 sufficiently to raise the said sum, notwithstanding that such increase may involve the collection of a special rate greater than the special rate pledged as security for the said loan.

14 Validating repayment by Palmerston North City Council out of loan moneys of certain moneys expended from the General Account of the Council
  • Whereas the Palmerston North City Council (hereinafter called the Council) was duly authorised to raise a loan of 6,000 pounds for the purpose of providing the Council's proportion of the cost of the reconstruction of the Fitzherbert Bridge (including approaches thereto) over the Manawatu River on the Palmerston North – Levin Main Highway in the County of Kairanga:

    And whereas prior to authority being obtained for the raising of such loan the sum of 2,193 pounds 9 shillings and 7 pence was paid by the Council from its General Account to the contractors in charge of such work as part of its proportion of the costs thereof:

    And whereas payment has since been made into the General Account from the loan moneys raised of the moneys so paid to the contractors:

    And whereas it is desirable to validate the payment so made into the General Account:

    Be it therefore enacted as follows:

    The payment by the Council into its General Account of the sum of 2,193 pounds 9 shillings and 7 pence from the said loan of 6,000 pounds is hereby validated and declared to have been lawfully made.

15 Authorising diversion of certain loan money by Nelson City Council
  • Whereas the Nelson City Council (hereinafter called the Council) pursuant to an Order in Council dated 8 June 1925 raised a loan of 5,700 pounds for the purpose of carrying out certain public works for the improvement of the reserves in the City of Nelson:

    And whereas the sum of 700 pounds, being part of the aforesaid loan, was raised for the purpose of carrying out certain works on the reserve known as the Botanical Reserve, such works including the removal and re-erection of the band rotunda thereon:

    And whereas it is now deemed inexpedient to remove and re-erect the said band rotunda:

    And whereas there is accordingly an unexpended balance of the said sum of 700 pounds amounting to 360 pounds 11 shillings and 4 pence:

    And whereas the sum of 900 pounds, being other part of the aforesaid loan, was raised for the purpose of carrying out certain works on the reserve known as Trafalgar Park, and the Council has expended on such works out of the said loan the sum of 129 pounds 6 shillings and 3 pence in addition to the said sum of 900 pounds and in addition also to other unexpended balances lawfully used for such works:

    And whereas the sum of 1,350 pounds, being other part of the aforesaid loan, was raised for the purpose of purchasing the land then known as King's Acre and now known as Pioneers' Park and carrying out certain works thereon:

    And whereas the Council has expended the said sum of 1,350 pounds but has not completed the said works, and it is desirable the same should be completed:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything contained in any Act or in any Order in Council relating to the said loan, the Council is hereby authorised, subject to the provisions of this section, to apply the said unexpended balance of 360 pounds 11 shillings and 4 pence—firstly, in transferring to that part of the loan raised for the purpose of carrying out works on Trafalgar Park as aforesaid the said sum of 129 pounds 6 shillings and 3 pence; secondly, in completing on the said land now known as Pioneers' Park the works for which the respective part of the said loan was raised as aforesaid; and thirdly, in carrying out any other public work which may be authorised by the Local Government Loans Board pursuant to an application by the Council as hereinafter provided.

    (2) No part of the said sum of 360 pounds 11 shillings and 4 pence shall be expended or applied by the Council as hereinbefore provided unless and until authority in that behalf has been given by the Local Government Loans Board.

    (3) The provisions of subsections (2) to (7) of section 47 of the Finance Act 1929 shall apply to every application made by the Council for authority as aforesaid, and the Local Government Loans Board may, in its discretion, give such authority either as to the whole or any part of the proposal submitted to it and either unconditionally or subject to such terms, conditions, and stipulations as it may think fit to impose.

16 Validating certain expenditure by Newmarket Borough Council
  • The expenditure by the Newmarket Borough Council out of its funds of the sum of 100 pounds in connection with the expenses of the celebrations commemorating the 50th anniversary of the date of the Proclamation constituting the Borough of Newmarket is hereby validated and declared to have been lawfully made.

17 Authorising Stratford Borough Council to raise a special loan
  • Whereas by section 5 of the Local Authorities Empowering (Aviation Encouragement) Act 1929 the Stratford Borough Council (hereinafter called the Council) was authorised to acquire land for the establishment of an aerodrome, and pursuant to that authority the Council purchased all that piece of land containing 201 acres 2 roods 7 perches, more or less, being Allotment 1 on Deposited Plan Number 2506, part of Section 104, Block II, Ngaire Survey District, and being the whole of the land comprised in certificate of title, Volume 116, folio 65, Taranaki Registry:

    And whereas, before the steps necessary to empower the Council to raise a loan for such a purpose could be taken, it became necessary to make a payment of 1,413 pounds 4 shillings and 11 pence to enable the Council to exercise an option to purchase the said land:

    And whereas such payment was advanced by the Council out of its General Account:

    And whereas the Council is desirous of raising a loan for the purpose of repaying to the General Account part of the moneys advanced thereout as aforesaid:

    Be it therefore enacted as follows:

    The Council is hereby authorised to borrow by way of special loan under the Local Bodies' Loans Act 1926, but without taking the steps prescribed by sections 9 to 13 of that Act, a sum not exceeding 1,400 pounds, on the security of a special rate over all rateable property within the Borough of Stratford, and to apply the proceeds of such loan in refunding to the General Account part of the moneys advanced thereout on account of the purchase of the said land.

18 Validating certain expenditure by Napier Borough Council
  • The expenditure by the Napier Borough Council during the financial year ended on 31 March 1935 of—firstly, the sum of 79 pounds 2 shillings and 4 pence, being expenses incurred in connection with the celebration of the Diamond Jubilee of the Borough of Napier; and secondly, the sum of 125 pounds, being a grant to the Napier Social Service Committee, is hereby validated and declared to have been lawfully made.

19 Authorising Foxton Borough Council to capitalise certain arrears of interest
  • Whereas the Foxton Borough Council (hereinafter called the Council), under the provisions of the Local Bodies' Loans Act 1926, borrowed certain sums from the State Advances Superintendent and issued debentures securing the payment of the said sums and interest thereon:

    And whereas the Council intends pursuant to the Local Authorities Interest Reduction and Loans Conversion Act 1932–33 to convert the existing securities into new securities:

    And whereas interest due and to accrue due up to the proposed date of conversion in respect of the amounts borrowed amounts to a total sum of 2,395 pounds 5 shillings and 1 penny:

    And whereas the Council has agreed with the lenders that the said sum of 2,395 pounds 5 shillings and 1 penny shall be capitalised and form part of the principal sum to be secured by the new securities:

    Be it therefore enacted as follows:

    The Council is hereby authorised and empowered on the said conversion to include in the principal sum secured by the new securities the said sum of 2,395 pounds 5 shillings and 1 penny, and to issue new securities accordingly.

20 Authorising transfer of certain land to Eltham Borough Council for Plunket Society and women's restroom
  • Whereas all those pieces of land situate in the Borough of Eltham, containing 20 perches and forty-eight hundredths of a perch, more or less, being Lots 48, 49, and 50 and part Lot 47 on Deposited Plan Number 2690, and being part of Section 59 on the Public Map of the Eltham Village Settlement, and being the whole of the land comprised in certificate of title, Volume 138, folio 184 (Taranaki Registry), (hereinafter referred to as the said land), are, pursuant to a deed of trust dated 30 July 1934, made between Charles Anderson Wilkinson, of Eltham, merchant, of the one part, and the said Charles Anderson Wilkinson, Henry George Carman, of Eltham, stationer, and Ira James Bridger, of Eltham, motorcycle importer, of the other part, vested in the said Charles Anderson Wilkinson, Henry George Carman, and Ira James Bridger (hereinafter called the trustees) as joint tenants, upon the trusts and with and subject to the powers contained in the said deed of trust, that is to say upon trust as a benefit for the general purposes of the Eltham sub-branch of the Royal New Zealand Society for the Health of Women and Children (hereinafter called the Society) and the Eltham Women's Restroom:

    And whereas the trustees desire to transfer the said land by way of gift to the Corporation of the Borough of Eltham (hereinafter called the Corporation), upon certain terms and conditions, and particularly that the Corporation shall hold the said land upon substantially the same trusts as are set out in the said deed of trust:

    And whereas it is desirable to authorise such transfer and to make further provision in manner hereinafter appearing:

    Be it therefore enacted as follows:

    (1) It shall be lawful for the trustees to transfer the said land by way of gift to the Corporation upon the execution by the Eltham Borough Council (hereinafter called the Council) of a deed of trust containing such terms and conditions as the trustees shall deem reasonable for the purpose of securing the fulfilment of the trusts set out in the deed of trust dated 30 July 1934, and particularly the following:

    • (a) that while a sub-branch or branch of the Society is in existence in the Borough of Eltham, the Council shall at all times permit a specified portion or portions of any building or buildings on the said land to be used by the Society free of charge for all or any of the purposes of the Society:

    • (b) that the remaining portion or portions of any such building or buildings shall be used as a women's restroom:

    • (c) that, subject to the foregoing, the said land shall be under the control and management of the Council, which shall be responsible for the upkeep and maintenance thereof.

    (2) The Council in accepting the said land on behalf of the Corporation shall be deemed to have accepted such land subject to the terms and conditions so fixed by the trustees as contained in the deed of trust executed by the Council, and such terms and conditions shall be binding on the Corporation and the Council, according to the tenor thereof.

    (3) On the transfer as aforesaid of the said land to the Corporation the said land shall be deemed to be freed and for ever discharged from all or any of the trusts created or intended to be created by the deed of trust dated 30 July 1934, and the trustees shall be deemed to be relieved fully of their obligations under that deed of trust.

21 Governor-General authorised to issue Order in Council permitting laying out of street less than 40 ft wide in the City of Wellington
  • (1) Notwithstanding anything contained in the Municipal Corporations Act 1933, the Public Works Act 1928, or any other Act, the Governor-General, on the application of the Wellington City Council, may by Order in Council authorise the Council to permit the laying out as a street of the land described in subsection (3), and upon the issue of such Order in Council the provisions of section 125 of the Public Works Act 1928 shall apply to the adjoining land as if such street so authorised had been authorised pursuant to the provisions of section 190 of the Municipal Corporations Act 1933.

    (2) Any Order in Council issued by the Governor-General pursuant to the provisions of this section may be either absolute or subject to such conditions with respect to the building line as may be therein imposed. If any such condition is imposed the provisions of subsection (3) of section 128 of the Public Works Act 1928 shall apply, with the necessary modifications, as in the case of an Order in Council made under the authority of that section.

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

    All that area of land, being part of Lot 5 on Deeds Plan 494 and part Lots 4 and 5 on Deposited Plan 8405, being part of Section 36, Karori Registration District, Block VI, Port Nicholson Survey District, containing an area of 27 perches and five-hundredths of a perch, bounded as follows: commencing from a point on the eastern side of Donald Street, distant in a south-easterly direction from the south-eastern corner of the intersection of Donald Street and Gipps Street along the eastern boundary of Donald Street 286.70 links on a bearing of 158°42′30″ and 30.05 links on a bearing of 159°56′12″ to the point of commencement; thence in a south-easterly direction on a bearing of 114°41′ for a distance of 21.33 links; thence generally in a north-easterly direction 69°54′30″, 136.36 links, 56°18′, 25.75 links, 33°1′, 50.48 links, 63°9′10″, 25.76 links, and 72°46′30″, 60.61 links; thence in a south-easterly direction 159°54′30″ for a distance of 59.18 links; thence generally in a south-westerly direction 249°54′30″, 25.76 links, 224°11′20″, 38.46 links, 238°37′40″, 30.37 links, and 249°54′30″, 212.84 links; thence in a north-westerly direction 339°56′12″ for a distance of 60.48 links to the point of commencement: as the same is more particularly delineated on a plan deposited in the office of the Chief Surveyor, District Lands and Survey Department, at Wellington, marked SO 332/52, and thereon coloured blue, yellow, and red.

22 Authorising Northcote Borough Council to amend its farmland roll
  • Whereas the Northcote Borough Council (hereinafter called the Council) caused a farmland list to be made for the borough in accordance with the provisions of the Urban Farm Land Rating Act 1932:

    And whereas an Assessment Court was duly set up for the purpose of hearing and determining all objections to such farmland list and the farmland list was signed by the Judge on 5 March 1934 and became the farmland roll for the borough:

    And whereas it now appears that certain properties within the borough that are urban farmland were inadvertently omitted or removed from the urban farmland list for the reason that no objection was lodged or made against the existing valuation as appearing in the valuation roll in respect of such properties:

    And whereas the Council is desirous of amending the said farmland roll by including therein the properties specified in the Schedule:

    Be it therefore enacted as follows:

    (1) The Council is hereby authorised and empowered to amend the said farmland roll for the borough by including therein the properties specified in the Schedule, with the particulars specified in that schedule.

    (2) When the farmland roll has been so amended it shall be signed by 2 members of the Council, and all properties so included in the farmland roll shall be deemed to have been included therein on and from 28 February 1935.

    (3) The Council may, if it thinks fit, but not later than 31 December 1935, pay out of its District Fund or remit to any ratepayer whose name appears in the Schedule a sum equal to 12.5% of the total amount of rates made and levied by the Council on its own account for the year ended on 31 March 1935 in respect of the property of such ratepayer specified in the said schedule.

23 Authorising the Green Island Borough Council to borrow by way of overdraft against loan moneys on fixed deposits
  • Whereas on 1 April 1935 the Green Island Borough Council (hereinafter called the Council), in pursuance of the powers vested in it by section 7 of the Local Bodies' Loans Act 1926, deposited with the National Bank of New Zealand, Limited, the sum of 22,000 pounds, being portion of a loan of 32,000 pounds raised for the purpose of carrying out drainage and sewerage works in the Borough of Green Island:

    And whereas of the said sum of 22,000 pounds the sum of 10,000 pounds is not repayable by the said bank until 1 April 1936, and the sum of 12,000 pounds is not repayable until 1 April 1937:

    And whereas portion of the said sum of 10,000 pounds will be required for the purpose of carrying out the said drainage and sewerage works before 1 April 1936:

    And whereas all or portion of the said sum of 12,000 pounds will be required for the purpose of carrying out the said drainage and sewerage works before 1 April 1937:

    And whereas no authority exists to enable the Council to borrow by way of overdraft against the moneys deposited with the aforesaid bank:

    Be it therefore enacted as follows:

    (1) Notwithstanding anything to the contrary in any Act it shall be and be deemed to have been lawful for the Green Island Borough Council to borrow from the Bank of New Zealand, Dunedin, up to and including 1 April 1937 by way of overdraft against loan moneys deposited with the National Bank of New Zealand, Limited, Dunedin North, and to pay interest on such overdraft out of the District Fund of the Council.

    (2) All moneys so borrowed from the Bank of New Zealand shall be a first charge upon the moneys now deposited with the National Bank of New Zealand, Limited, as aforesaid, and shall be repaid to the Bank of New Zealand as and when the moneys so deposited become repayable to the Council.

    (3) The moneys borrowed under the authority of this section shall be applied only to the purposes for which the said loan was raised.

24 Authorising expenditure out of Wharf Account of Opotiki Borough Council for certain street works
  • The Opotiki Borough Council is hereby authorised to expend out of its Wharf Account the sum of 750 pounds for the purpose of permanently sealing that portion of street in the Borough of Opotiki extending from Elliott Street along Saint John and Kelly Streets to the Wharf Reserve.

Harbour Boards

25 Validating certain deeds of lease entered into by Wellington Harbour Board
  • Whereas by a deed of lease bearing date 21 May 1935, made between the Wellington Harbour Board (hereinafter called the Board), of the one part, and the Union Steamship Company of New Zealand, Limited, and the Wellington Patent Slip Company, Limited (hereinafter called the lessees), of the other part, a copy of which deed of lease is recorded in the Department of Internal Affairs at Wellington as IA 1935/120/25, the Board leased unto the lessees at the rental and upon the terms and conditions therein appearing a certain piece of land therein described situate at Evans Bay in the Port Nicholson Survey District, together with the 2 slips, the 2 guide jetties, and the buildings and machinery, plant, and tools on the said land or used in connection with the land, for a term of 7 years from 1 October 1933 with a right of renewal for a further period of 7 years from the expiration of that term:

    And whereas by a deed of lease also bearing date 21 May 1935, made between the same parties, a copy of which deed of lease is recorded in the Department of Internal Affairs at Wellington as IA 1935/120/25, the Board leased to the lessees at the rentals and upon the terms and conditions therein appearing a certain wharf and structure at Evans Bay in the said survey district known as the repair wharf, and a certain triangular strip of land adjoining the northern end of such wharf, together with the buildings and fixtures thereon and plant and machinery used therewith, for a term of 7 years from 1 October 1933 with a right of renewal for a further term of 7 years from the expiration of that term:

    And whereas it is desirable that the 2 said deeds of lease should be validated and given full force and effect:

    Be it therefore enacted as follows:

    The 2 said deeds of lease are hereby validated and given full force and effect, and the Board and the lessees shall be deemed to have been duly empowered to enter into and execute the same.

26 Authorising Auckland Harbour Board to pass a special resolution making provision for additional retiring allowance in respect of its Superannuation Fund
  • Whereas the Auckland Harbour Board (hereinafter called the Board) under and by the authority of the Local Authorities Superannuation Act 1908, by special resolution passed on 25 February 1913, established a fund in accordance with the provisions of that Act:

    And whereas the payments and contributions to the fund relate to service subsequent to the date of establishment thereof:

    And whereas the Board is desirous of obtaining statutory authority to determine by special resolution that payments and contributions to the fund on account of service prior to the date of establishment thereof or prior to the date of the first contribution made thereto by a contributor may be paid into the fund and that correspondingly increased retiring allowances may be paid therefrom:

    Be it therefore enacted as follows:

    (1) The Board may by special resolution determine that,—

    • (a) in the case of contributors who made their first contributions to the fund as at the date of the establishment thereof, payments may be made thereto by the Board in respect of service of those contributors prior to such date of establishment:

    • (b) in the case of contributors who made their first contribution to the fund after the date of the establishment thereof, payments may be made thereto by the Board and contributions may be made thereto by those contributors in respect of service prior to the date when contributions were first made to the funds by those contributors:

    • (c) payment may be made out of the fund of retiring allowances correspondingly increased by reason of the payments and contributions made pursuant to paragraphs (a) and (b).

    (2) Where any special resolution is passed in terms of subsection (1) the provisions of sections 6, 7, and 8 of the Local Authorities Superannuation Act 1908 shall, with the necessary modifications, apply as if the special resolution were an original or amending special resolution under that Act.

27 Validating remission of dues by Auckland Harbour Board in respect of Japanese training ship Shintoku Maru
  • Notwithstanding anything to the contrary in any Act or bylaw governing and controlling the Auckland Harbour Board, the remission by the Board of a sum of 12 pounds 17 shillings and 3 pence for shipping wharfage dues and a sum of 14 pounds 14 shillings for port charges incurred by the Japanese training ship Shintoku Maru is hereby validated.

28 Provision with respect to purchase of wharf site by Hokianga Harbour Board
  • Whereas the Hokianga Harbour Board (hereinafter called the Board) on 26 February 1934, by resolution, agreed to purchase from the owners thereof their interest in the wharf and site at Opononi for the sum of 400 pounds, such amount to be payable at the rate of 50 pounds per annum free of interest:

    And whereas the Board is not empowered by law to pledge its future revenues to meet payments of purchase money as and when the same fall due as provided by the said resolution:

    And whereas it is expedient that the unlawful payment of 50 pounds by the Board on 20 November 1934 pursuant to the said resolution be validated, and that the Board be empowered to meet all future payments of purchase money as aforesaid out of its revenue, and that the said resolution and all acts of the Board done or purported to be done in pursuance thereof be made valid and effectual according to the tenor thereof:

    Be it therefore enacted as follows:

    (1) The Board shall be deemed to have and to have had at all times from and including the said 26 February 1934 full power to pass the resolution hereinbefore referred to, and to charge, pledge, and appropriate its revenues for the purpose of meeting payments of purchase money for the wharf at Opononi as and when the same fell and fall due.

    (2) The payment of the said sum of 50 pounds on 20 November 1934 is hereby validated.

    (3) The said resolution and all acts of the Board done or purported to be done or to have been done in pursuance thereof are hereby declared valid and effectual according to the tenor thereof respectively.

29 Validating rates of Thames Harbour Board for year ended 30 September 1935
  • [Repealed]

    Section 29: repealed, on 1 November 1936, by section 14(1) of the Thames Harbour Act 1936 (1936 No 52).

30 Authorising Timaru Harbour Board to make and levy a rate in respect of renewal loan of £150,000
  • Whereas by Orders in Council made under the Local Government Loans Board Act 1926 on 7 June 1935, and 16 September 1935, respectively, consent was given by the Governor-General to the raising by the Timaru Harbour Board (hereinafter called the Board) of a loan of 150,000 pounds, to be known as the Timaru Harbour Board Renewal Loan, 1936 (hereinafter referred to as the said loan), subject to the conditions set out in the said Orders in Council:

    And whereas the said loan is to be secured by debentures payable respectively on 1 January in each of the years 1937 to 1952, both inclusive, but no sinking fund is to be established in respect of the loan:

    And whereas by virtue of the provisions of section 10 of the Timaru Harbour Board Empowering Act 1913 the moneys payable in respect of the said loan constitute a first charge upon the Harbour Fund of the Board (hereinafter referred to as the Harbour Fund), subject, however, to the priority of all existing charges thereon:

    And whereas the amount that may be levied by the Board in each year by rating or by allocating and recovering contributions from the local authorities in the Timaru Harbour District (hereinafter referred to as the Harbour District) is by section 5 of that Act limited to such amount as is required for the payment of the interest and charges on the aggregate amount for which debentures shall at that time be issued together with the sinking fund in respect thereof after taking into account the amount estimated as available for the current year from the revenue of the Board towards payment of interest and sinking fund, having regard to all existing charges on such revenue and expenditure for which provision ought to be made out of such revenue:

    And whereas it is desirable that the Board shall also have power to make and levy a rate sufficient to provide the total amount required annually to redeem the said debentures, or to allocate and recover the same from the local authorities in the Harbour District:

    Be it therefore enacted as follows:

    (1) In case the amount in the Harbour Fund shall in any year during the currency of the said loan, after payment thereout of any prior charges thereon, be insufficient to pay the interest and other charges on the said loan and the amount required to redeem the debentures in respect of the said loan maturing in that year, the Board, in addition to any rate which it has heretofore been authorised to make and levy for the purpose of providing interest charges and sinking fund in respect of the said loan, may make and levy such further or other rate upon the rateable value of all rateable property in the Harbour District as in its opinion shall be necessary for the purpose of providing the amount required to redeem the said debentures, or may in lieu of making and levying such rate as aforesaid, or, at any time after such rate shall have been made, in lieu of continuing to levy the same may from time to time allocate and recover from the local authorities in the Harbour District a sum equivalent to the annual amount of such rate to be fixed, apportioned, and raised in manner provided in the Timaru Harbour Board Empowering Act 1890, and the provisions of that Act, and of any other Act applicable in that behalf shall, with the necessary modifications, apply to the rate or contributions so to be levied or allocated, and to the appointment and powers of a receiver.

    (2) The proceeds of such rate or allocation shall be applied towards payment of the debentures issued by the Board in respect of the said loan as and when the same shall respectively become due and payable.

31 Member of Thames Harbour Board acting as Secretary during a certain period not to be disqualified from holding office as member
  • [Repealed]

    Section 31: repealed, on 1 November 1936, by section 14(1) of the Thames Harbour Act 1936 (1936 No 52).

Electric Power Board

32 Authorising North Auckland Electric-power Board to pay certain incidental expenses out of loan moneys
  • Whereas by a poll of ratepayers taken on 8 May 1935 the North Auckland Electric-power Board was authorised to raise a loan to be known as the Reticulation Loan, 1935, of £267,000 (hereinafter referred to as the said loan) for the purpose of the supply and distribution of electrical energy for the benefit of the North Auckland Electric-power District and for the payment of preliminary expenses incurred by the Board:

    And whereas the first election of the Board took place on 21 June 1923:

    And whereas by virtue of section 68 of the Electric-power Boards Act 1925 the maximum amount of such preliminary expenses which the Board is empowered to pay out of the said loan is such amount as may have been incurred or become payable within 3 years after the first election of the Board:

    And whereas it is desirable that the Board should be empowered to pay out of the said loan all preliminary expenses and payments authorised by section 68 of the Electric-power Boards Act 1925 and payable up to the time when the Board commences the supply of electrical energy without any other limitation as to time as provided by the said section 68:

    Be it therefore enacted as follows:

    The Board may in the manner provided by section 68 of the Electric-power Boards Act 1925 pay out of loan moneys the expenses referred to in that section and incurred by the ratepayers or by the Board, as the case may be, at any time before the Board commences the supply of electrical energy.

River and Drainage Boards

33 Validating payment of compassionate allowance by Wairau River Board
  • The payment by the Wairau River Board out of its General Fund during the financial year ending on 31 March 1936 of a sum of 100 pounds as a compassionate allowance to Martha Ann Greig, the widow of David Greig, late Inspector of the said Board, is hereby validated and declared to have been lawfully made.

34 Varying terms of payment of cost of certain river works by Kaipara River Board
  • [Repealed]

    Section 34: repealed, on 17 October 1941, by section 7(6) of the Finance Act (No 2) 1941 (1941 No 27).

35 Authorising Dunedin Drainage and Sewerage Board to make and levy a special rate
  • Whereas by the Dunedin District Drainage and Sewerage Amendment Act 1930 (hereinafter referred to as the said Act), the Dunedin Drainage and Sewerage Board was authorised to borrow any sum or sums of money, not exceeding 250,000 pounds, in addition to any moneys theretofore authorised to be borrowed:

    And whereas doubts have arisen regarding the authority of the said Board to make, levy, and pledge a special rate as the security for the repayment of the moneys so authorised to be borrowed and the interest thereon:

    And whereas it is expedient to remove such doubt:

    Be it therefore enacted as follows:

    Where any money is borrowed under the authority of the said Act, whether before or after the passing of this Act, the provisions of sections 8 and 9 of the Dunedin District Drainage and Sewerage Amendment Act 1921 shall, with the necessary modifications, apply as if the money were borrowed under the authority of that Act.

36 Validating borrowing of a sum of £600 by Wakapuaka Drainage Board and authorising issue of debentures in respect of such sum
  • Whereas in pursuance of the provisions of the Local Bodies' Loans Act 1926 and the Local Authorities Empowering (Relief of Unemployment) Act 1926, and with the previous consent of the Governor-General in Council, the Wakapuaka Drainage Board (hereinafter called the Board) took all necessary steps to borrow a sum of 600 pounds (hereinafter referred to as the said loan) for the purpose of carrying out drainage improvement work and for the establishment of a sinking fund in respect of the said loan of not less than 3 pounds per centum per annum:

    And whereas the Board borrowed the said sum of 600 pounds in various amounts between 28 March 1932 and 10 February 1934 and interest has been paid thereon on due dates but the debentures for the said loan have never been issued:

    And whereas it is considered that a sinking fund of 3 pounds per centum per annum as aforesaid will not now be sufficient to redeem the said loan in full by reason of the reduction in interest rates on investments since the said loan was consented to as aforesaid, and it is desirable that the said sinking fund should be not less than 3 pounds 10 shillings per centum per annum as from the date of the passing of this Act:

    And whereas the Board now desires to issue 24 debentures of 25 pounds each with interest to secure the payment of the said loan, but doubts have arisen as to whether it may lawfully do so:

    Be it therefore enacted as follows:

    (1) The borrowing of the said sum of 600 pounds is hereby validated, and the Board is hereby authorised to issue in terms of the said consent of the Governor-General 24 debentures of 25 pounds each, and the same when issued shall be valid and binding on the Board according to their tenor.

    (2) The establishment and maintenance of the sinking fund in respect of the said loan of 600 pounds and all acts of the Board relating thereto are hereby validated, and it is declared that as from the date of the passing of this Act the moneys payable by the Board into such sinking fund shall be not less than 3 pounds 10 shillings per centum per annum estimated on the amount of the said loan.

    (3) The Local Authorities Interest Reduction and Loans Conversion Act 1932–33 shall apply to the said debentures and the rate of interest payable thereunder.

Fire Board

37 Validating payment of compassionate allowance by Palmerston North Fire Board
  • The payment by the Palmerston North Fire Board during the financial year ending on 31 March 1936 of the sum of 100 pounds to Flora Elizabeth Barnard out of its General Account by way of compassionate allowance is hereby validated and declared to have been lawfully made.

Hospital Board

38 Making provision with respect to purchase of land by Wellington Hospital Board
  • (1) The Wellington Hospital Board is hereby authorised and empowered to purchase and acquire all that piece or parcel of land situate in the City of Wellington, containing 20.1 perches, more or less, being part of Section 514 on the plan of the Town of Wellington, and the whole of the land comprised and described in certificate of title, Volume 46, folio 157, Wellington Registry, subject as to the part coloured yellow on the plan on the said certificate of title to the right of way created by Transfer Number 13169, and for the purpose of acquiring such land to expend a sum of money not exceeding a sum approved by the Minister of Health in that behalf.

    (2) The Board is hereby further authorised and empowered to borrow such moneys as may be required in connection with the purchase of the land herein described, and to secure repayment of the loan it may issue debentures or mortgage or charge the land or any other land vested in the Board.

Affecting 2 or more classes of public bodies

39 Hutt River Board and Wellington City Corporation authorised to carry out certain exchanges of land and transfers of land and to execute grants of easements and licences in respect of land situate on Gear Island and in the western branch of the Hutt River
  • (1) The Hutt River Board (hereinafter called the Board) and the Mayor, Councillors, and Citizens of the City of Wellington (hereinafter called the Corporation) are hereby authorised and empowered to carry out and give effect to the provisions of the agreement entered into for the purpose of facilitating the supply of artesian water to the City of Wellington from Gear Island and adjacent land, dated 8 March 1935, made between the Board and the Corporation, an executed copy of which is recorded for reference in the Department of Internal Affairs at Wellington as IA 1935/120/10.

    (2) The provisions of the said agreement shall not be varied without the consent of the Petone Borough Council, the Lower Hutt Borough Council, and the Hutt County Council.

    (3) The Wellington City Council shall during the first 10 years of its operations under the said agreement, or under any documents executed or existing pursuant to the said agreement, limit its boring operations in the Hutt Valley, the areas to which it shall extend such operations, the quantity of water to be taken, and the rate at which it is to be taken, as is provided by the said agreement, save as may be otherwise agreed by the Petone Borough Council, the Lower Hutt Borough Council, and the Hutt County Council; and at the end of such period of 10 years the provisions of the said agreement as to the said matters shall be reviewed.

40 Authorising certain local authorities to contribute to Wellington Branch of the New Zealand Free Ambulance Transport Service, Incorporated
  • The local authorities mentioned hereunder are authorised and empowered to pay to the New Zealand Free Ambulance Transport Service (Wellington District), Incorporated, in the year ending on 31 March 1936, such sums as they think fit, not exceeding in any case the respective amounts hereinafter specified, namely—the Wellington Hospital Board, 1000 pounds; the Wellington Harbour Board, 300 pounds; the Hutt County Council, 150 pounds; the Makara County Council, 86 pounds.

41 Validating expenditure incurred by certain local authorities in connection with the relief of distress
  • The local authorities mentioned hereunder shall be deemed to be and to have been authorised and empowered to pay during the 2 years ending on 31 March 1936 to funds established for the relief of distress, such sums (in addition to amounts otherwise authorised) as they think fit, not exceeding in any case the respective amounts hereinafter specified—namely, the Timaru Borough Council, 1,853 pounds 4 shillings and 3 pence; the Christchurch City Council, 7,850 pounds; and the Lyttelton Harbour Board, 325 pounds.

Miscellaneous

42 Abolishing Mataitai-Orere Rabbit District
  • Whereas by Order in Council dated 30 October 1922, and published in the Gazette of 2 November 1922, the Governor-General constituted the Mataitai-Orere 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 under that Act:

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

    Be it therefore enacted as follows:

    The Mataitai-Orere Rabbit District is hereby abolished and the Rabbit Board of that district is hereby dissolved.

43 Validating action of the Massey Agricultural College Council in borrowing certain moneys
  • The action of the Massey Agricultural College Council in borrowing from the Public Trustee on 21 February 1934 the sum of 1,000 pounds, which sum was advanced by the Public Trustee against the share of the said college in the residuary estate of Walter Henry Bailey, deceased, pursuant to the provisions of section 6 of the Public Trust Office Amendment Act 1912, as amended by section 34 of the Public Trust Office Amendment Act 1921–22, and the action of the Public Trustee in advancing the said sum are hereby validated and the said Council is hereby authorised and empowered to repay the said advance in accordance with the terms of the said section 6, and to pay interest thereon at such rate as is fixed from time to time by the Public Trust Office Board pursuant to that section.

44 Changing name of Western Spit Public Library
  • The name of the Western Spit Public Library, a body duly incorporated under the Libraries and Mechanics' Institutes Act 1908, is hereby changed to the Westshore Public Hall, and the District Land Registrar at Napier is hereby empowered and directed without payment of any fee to alter the name of the Western Spit Public Library where it appears as registered proprietor of the land comprised and described in certificate of title, Volume 83, folio 172 (Hawke's Bay Registry), to the Westshore Public Hall.


Schedule
Additions to the farmland roll for the Borough of Northcote

  Occupier Owner   If let, for what term and in what manner Rateable value
(£)
 Special rateable value
(£)
No on valuation roll Surname and Christian name Trade or occupation Surname and Christian name Trade or occupation Description and situation of rateable property   
1/90/85 Brown, Thomas Farmer Auckland Hospital Endowment   Lots 7 and 8, Plan T 32 of 14/17 and 20, Parish of Takapuna, Woodside Avenue   275 275
1/90/86 Brown, Thomas Farmer Auckland Hospital Endowment   Lots 9 and 10, Plan T 32 of 14/17 and 20, Parish of Takapuna   310 310
1/90/110 Weeks, William John Farmer Weeks, William John Farmer Section 21, Parish of Takapuna, Howard Road, and Exmouth Road   990 990
1/90/132 Robinson, John Farmer Robinson, John Farmer Part of Lot 38, Parish of Takapuna, College Road   265 265
1/90/134 Steele, Robert W Farmer Steele, Robert W Farmer Part of Section 38, Parish of Takapuna, College Road   675 675
1/90/789 Le Clerc, Charles John Farmer Le Clerc, Charles John Farmer Lots 1, 2, 3, 4, 5, Plan 1196, Black, of 4 of 94 and part Lot 4 of 94, Parish of Takapuna   670 670
1/90/796 Charman, George Walter Farmer Charman, George Walter Farmer Part Section 96, Parish of Takapuna, Ocean View Road   820 820
1/90/77 Tonar, Louisa Jane Married Tonar, Louisa Jane Married Lots 2/3 of Section 13, Parish of Takapuna, Raleigh Road   715 715

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 1935. The reprint incorporates all the amendments to the Act as at 1 July 2003, 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)
  • Local Government (Rating) Act 2002 (2002 No 6): section 138(1)

    Finance Act (No 2) 1941 (1941 No 27): section 7(6)

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