Hutt Road Act 1939

Hutt Road Act 1939

Public Act1939 No 18
Date of assent29 September 1939

An Act to abolish the Wellington City and Suburban Highways Board of Control, to repeal certain Enactments making Special Provision for the Construction and Maintenance of the Hutt Road and certain other Roads and Streets situated in or near to the City of Wellington, and to make Provision for Matters incidental thereto.

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

1 Short Title

  • This Act may be cited as the Hutt Road Act 1939.

2 Interpretation

  • In this Act, unless the context otherwise requires,—

    Board means the Wellington City and Suburban Highways Board of Control established under section three of the Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1924

    Council means the Wellington City Council

    Hutt Road means the road or street constructed by the Minister of Railways under section four of the Hutt Railway and Road Improvement Act 1903, and in that Act referred to as the new Hutt Road, as the same is shown on the plan marked SO 223/1 to 11, deposited in the office of the Chief Surveyor at Wellington.

Part 1
Abolition of board, and incidental provisions

3 Commencement of this Part

  • This Part of this Act shall come into force on the first day of April, nineteen hundred and forty.

4 Abolition of Wellington City and Suburban Highways Board of Control

  • The Board is hereby abolished.

5 Hutt Road vested in appropriate authorities as an ordinary road or street

  • (1) The portion of the Hutt Road that is situated within the City of Wellington is hereby declared to be vested in fee-simple in the Corporation of the City of Wellington as a street.

    (2) The portion of the Hutt Road that is situated within the County of Makara is hereby declared to be vested in the Crown as a road.

    (3) The portion of the Hutt Road that is situated within the Borough of Petone is hereby declared to be vested in fee-simple in the Corporation of the Borough of Petone as a street.

    (4) All contracts of the Wellington City Council that relate to advertisements on the Hutt Road and are in existence at the commencement of this Part of this Act shall thereupon—

    • (a) In so far as they relate to any portion of the Hutt Road that is situated within the County of Makara, become contracts of the Crown; and

    • (b) In so far as they relate to any portion of the Hutt Road that is situated within the Borough of Petone, become contracts of the Petone Borough Council.

6 Crown to indemnify Wellington City Council in respect of certain loans

  • [Repealed]

    Subsection (2) was amended, as from 1 April 1947, by section 3(4) Finance Act (No 2) 1947 (1947 No 45), by substituting the words “Consolidated Fund” for the words “Main Highways Account”.

    Subsection (2) was amended, as from 1 April 1954, by section 43(6) National Roads Act 1953 (1953 No 118), by substituting the words “the National Roads Fund” for the words “Consolidated Fund”.

    Subsection (2) was amended, as from 1 October 1989, by section 116(4) Transit New Zealand Act 1989 (1989 No 75), by substituting the words “Crown Bank Account and credited to the Land Transport Fund” for the words “National Roads Fund”.

    Subsection (5) was repealed, as from 1 April 1947 by section 3(5) Finance Act (No 2) 1947 (1947 No 45).

    Section 6 was repealed, as from 1 July 2003, by section 266 Local Government Act 2002 (2002 No 84). See sections 273 to 314 of that Act as to the savings and transitional provisions.

7 Repeal of special legislation

  • (1) The enactments specified in Schedule 2 to this Act are hereby repealed.

    (2) No by-laws made by the Council shall apply after the commencement of this Part of this Act with respect to any portion of the Hutt Road that is situated outside the City of Wellington.

8 Security of debenture-holders not affected

  • Nothing in this Act shall diminish, affect, or prejudice the security of the holders of any debentures issued in respect of any of the loans specified in Schedule 1 to this Act.

Part 2
Transitional provisions

9 Extending powers of Wellington City Council

  • (1) For the purposes of section six of the Hutt Road Act 1915, all moneys expended by the Council with the consent of the Board at any time before the commencement of Part 1 of this Act in providing lighting and a central kerbing or division for the portion of the Hutt Road that is situated within the City of Wellington, and in completing the railway overbridge at Thorndon and the approaches thereto shall be deemed to be part of the expenditure of the Council in maintaining the Hutt Road.

    (2) Any expenditure of the Council in maintaining the Hutt Road (including any expenditure incurred in accordance with subsection one of this section) may, with the consent of the Board, be made out of moneys paid to the Council by other local authorities under section seven of the Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1924, as contributions in respect of other roads and streets.

10 Refund by Wellington City Council of balance of maintenance-moneys contributed by local authorities

  • The unexpended balance, as at the date of the commencement of Part 1 of this Act, of the moneys paid to the Council by other local authorities under section six of the Hutt Road Act 1915, as contributions to the cost of the maintenance of the Hutt Road or under section seven of the Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1924, as contributions in respect of other roads and streets shall forthwith after that date be refunded by the Council to those local authorities in such proportions as the Board determines.

11 Powers of Main Highways Board

  • All expenditure incurred and all acts done by the Main Highways Board before the commencement of Part 1 of this Act (whether before or after the passing of this Act) in relation to the portion of the Hutt Road that is situated within the County of Makara shall be deemed to be and to have always been as valid and lawful as if that portion of the Hutt Road had been duly declared to be a main highway and had been duly classified under section four of the Main Highways Amendment Act 1936, as a State highway.

Schedule 1
Loans in respect of which the Wellington City Council is indemnified by the Crown.

 $
Wellington City and Suburban Highways Loan, 1924...................................................................
260,000
Wellington City and Suburban Highways Loan (No 1), 1928...................................................................
130,800
Wellington City and Suburban Highways Loan (No 2), 1928...................................................................
10,000
Wellington City and Suburban Highways Loan 1930 Conversion Loan (No 4), 1934...................................................................
41,040
Wellington City — Hutt Road Construction Renewal Loan, 1934...................................................................
69,000
Wellington City and Suburban Highways Loan 1928 Conversion Loan (No 2), 1935...................................................................
41,200

  • The amounts in the right hand column of the above Schedule were substituted respectively for £130,000, £65,400, £5,000, £20,520, £34,500, and £20,600 as from 10 July 1967, pursuant to section 7(1) Decimal Currency Act 1964 (1964 No 27).

Schedule 2
Enactments repealed

1903, No 85—The Hutt Railway and Road Improvement Act 1903.

1905, No 34—The Hutt Railway and Road Improvement Act 1905.

1907, No 26—The Hutt Railway and Road Improvement Act 1907.

1910, No 10—The Hutt Railway and Road Improvement Act 1910.

1915, No 30—The Hutt Road Act 1915.

1916, No 18—The Appropriation Act 1916: Section 30.

1917, No 23—The Hutt Road Amendment Act 1917.

1919, No 25—The Hutt Railway and Road Improvement Amendment Act 1919.

1922 (Local), No 1—The Hutt Road Amendment Act 1922.

1924 (Local), No 23—The Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1924.

1926, No 43—The Main Highways Amendment Act 1926: Section 6.

1927, No 74—The Finance Act 1927 (No 2): Section 33.

1927 (Local), No 16—The Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1927.

1929, No 29—The Finance Act 1929: Paragraphs (a), (b), and (c) of section 5.

1929 (Local), No 4—The Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1929.

1930 (Local), No 18—The Wellington City and Suburban Highways Construction and Hutt Road Amendment Act 1930.

1931, No 43—The Local Legislation Act 1931: Section 8.

1932 (Local), No 4—The Wellington City Empowering and Amendment Act 1932: Section 3.